HomeMy WebLinkAboutAgenda - 11-21-2011 - C5273
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 21, 2011
Action Agenda
Item No. C.5
SUBJECT: Amendments to Unified Development Ordinance Text (UDO /Zoning 2011 -06)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
Ito • • •
1. Comprehensive Plan /Land Use Element Perdita Holtz,245 -2578
Map and Unified Development Ordinance Craig Benedict,245 -2592
(UDO) Amendment Outline Form
(UDO/Zoning-2011-06)
2. Amendment Packet
Educational Materials:
3. Comparative Examples of Noise Levels
PURPOSE: To hold a public hearing on Planning Director initiated text amendments to the
Unified Development Ordinance.
BACKGROUND: Staff was tasked with proposing amendments to the UDO that will result in
regulations that more strongly encourage quality, non- residential development in the Economic
Development Districts (EDDs) and other areas designated for growth, such as Commercial - Industrial
Transition Activity Nodes, while balancing any adverse impacts to adjacent properties and the
environment. In completing this task, staff must ensure that the amendments work within the overall
framework of the UDO and how Orange County regulates development. Staff was directed to not
propose changes to the Table of Permitted Uses (Section 5.2) at this time. However, changes to
Section 5.2 are expected to come forward in 2012 and will likely entail additional text changes to
ensure a cohesive UDO.
In completing this work and the work on the Comprehensive Plan text amendments (separate item),
staff determined that some amendments would be necessary that are not solely EDD- related.
Therefore, amendments to other sections of the UDO are also proposed but all are being proposed
in order to provide clarity and conciseness to regulations that relate primarily to non - residential
development.
Each change has been color -coded as either "housekeeping," minor, or substantive (see further
explanation in Attachment 2). Section 2 of Attachment 1 contains an analysis of the proposed
changes. Additionally, each change has been footnoted to provide a brief explanation of the
rationale or reason behind the change.
Future amendments to the UDO may be desired to further encourage non - residential development in
designated growth areas, but this amendment packet provides a substantial first step, especially for
the EDDs.
274
Ordinance Review Committee (ORC) Review
The Planning Board ORC reviewed the proposed UDO text amendments at the October 5, 2011
meeting. The ORC had no comments on the proposed changes.
Notification Procedural Requirements
Legal ads for the public hearing were placed in a newspaper of general circulation in the County
in accordance with Section 2.8.6 of the Unified Development Ordinance.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the proposed amendments to the Unified Development Ordinance as detailed in
this abstract and attachments.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the February 7, 2012 BOCC regular meeting.
4. Adjourn the public hearing until February 7, 2012 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Attachment 1
1275
COMPREHENSIVE PLAN /LAND USE ELEMENT MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO / Zoning- 2011 -06
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: -
To: -
❑ Zoning Map:
From:-
To:-
F-] Other:
Text Amendments
❑ Comprehensive Plan Text:
Section(s):
® UDO Text:
®UDO General Text Changes
®UDO Development Standards
®UDO Development Approval Processes
Section(s): Numerous — see Amendment Packet (Attachment 2)
❑ Other:
1. Purpose /Mission
In accordance with:
® the BOCC directive to focus staff efforts on economic development - related
issues and
® theprovisions of Section 2.8(Zoning Atlas and Unified Development Ordinance
Amendments) of the Unified Development Ordinance, the Planning Director
has initiated text amendments to the Unified Development Ordinance.
1
276
Staff was tasked with the following:
Propose amendments to the UDO that will more strongly encourage quality, non-
residential development in the EDDs while balancing any adverse impacts to
adjacent properties and the environment. Ensure the amendments work within the
overall framework of the UDO and how OrangeCounty regulates development but do
not propose changes to the Table of Permitted Uses (Section 5.2) at this time.
2. Analysis
As required under Section 2.8.5 of the Orange County Unified Development
Ordinance, the Planning Director is required to: 'cause an analysis to be made of the
application and, based upon that analysis, prepare a recommendation for
consideration by the Planning Board and the Board of County Commissioners'.
Each proposed change in the amendment packet is footnoted with a brief reason or
rationale for the change. Additionally, proposed changes have been color -coded to
indicate the level of significance (in staff's opinion) of the change. This was done to
enhance the reviewability of the packet and to draw reviewers' attention to more
substantive amendments. Reviewers are encouraged to read each footnote as every
change is not analyzed here.
In staff's opinion, the most significant proposed changes are to Sections 6.2.5 and
6.2.6. The proposed changes in Section 6.2.5 removes the requirement for a Class
A Special use Permit (SUP) for projects in the designated growth area if a project has
more than one principal use on a zoning lot. Current regulations require a Class A
SUP for any project that isn't a single -use project. This is an onerous requirement for
projects proposed in designated growth areas.
The proposed changes in Section 6.2.6 would allow more than one principal structure
on a zoning lot greater than 2 acres in size if it is located in one of the designated
growth areas. Current regulations require projects that have more than one building
on a lot that's larger than 2 acres tc gc through the Conditional Use process or the
Conditional Zoning process. This is an onerous requirement for projects`proposed in
designated growth areas.
Section 6.3 also contains a significant change. The proposal is to replace the Site
Volume Ratios that are quite uncommon, very site - specific, and applicable only in the
Economic Development Districts (EDDs) with the more commonly used ratios of
Floor Area Ratio, Open Space Ratio, and Pedestrian /Landscape Ratio. These are
the types of ratios used in the other zoning districts contained in the UDO.
Impervious Surface Ratios are also currently used and will continue to be used. The
proposed new ratios are shown in each relevant chart for the ED zoning districts
located in Article 3.
Other significant changes include:
® Section 6.4.3 Noise: An increase in the allowed sound level limits in
Commercial, Industrial, and Conditional zoning districts and in the Economic
Development zoning districts. Attachment 3 is a chart depicting what a decibel
level actually means to the average person.
...._ ......._....._......_
..._........._ _......_._.....
2
277
• Section 6.6.3 Major Transportation Corridor (MTC): An increase in the break
allowed in the required MTC buffer to allow up to a 50% break in order to
provide an on -site commercial sign and /or building visibility.
• Section 6.8.12 Additional Standards for Economic Development Districts
(related to Landscaping, Buffers & Tree Protection): Removal of requirements
related to the landscaping and tree preservation plan for projects in the EDDs;
will require that projects in the EDDs be held to the same standards as
projects located in other areas of the county. Also suggesting that the Land
Use Buffer Schedule for the EDDs (Table 6.8.12.0 be collapsed into far fewer
categories and suggesting lesser buffer widths in some instances.
While reviewing areas of the UDO proposed for amendments, staff kept the following
idea in mind: Do these changes allow for reasonable development while boosting
Orange County's competitiveness in the region to attract non - residential development
to designated growth areas?
The necessary recommendation by the Planning Director will be prepared
subsequent to the public hearing for the Planning Board's and BOCC's consideration.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Board of CountyCommissioner' Planning Principles 7. Promotion Of Economic
Prosperity And Diversity: Development of a diversity of new businesses and
expansion of existing businesses should occur in OrangeCounty.
Economic Development Element Objective ED -1.5: Identify barriers to development
of desirable businesses and local businesses, and mitigate these barriers.
Economic Development Element Objective ED -2.1: Encourage compact and higher
density development in areas served by water and sewer.
Economic Development Element Objective ED -2.8: Adjust ongoing designation and
zoning of Economic Development Districts to avoid the area designated as the Rural
Buffer.
Land Use Goal 4: Land development regulations, guidelines, techniques and /or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
Land Use Element Objective LU- 4.2:Review and amend the Orange County Zoning
and Subdivision Ordinances to identify and eliminate existing regulatory impediments
to objectives identified in the Comprehensive Plan. Such objectives include but are
not limited to the development of energy efficient buildings within the County, water
efficiency standards for new development, and development of affordable housing.
4. New Statutes and Rules
N/A
3
278
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
Auqust 23. 2011
b. Quarterly Public Head
_ __.___..____ _.____ -------
_
November 21, 2011
c. BOCC Updates /Checkpoints
October 5,--201 - 1 — BOCC members receive materials to-be-'reviewed by the
Planning Board's Ordinance Advisory Committee as part of the Planning
Board packets sent to all BOCC members each month
November 1, 2011 (Legal Ad Approval)
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Miss ion /Scope:The public hearing process followed is specified in the Orange
County UDO and is consistent with NC General Statutes. For text amendments, the
process consists of legal advertisements published for two consecutive weeks prior to
the public hearing and the public hearing.
a. Planning Board Review:
October 5, 2011 (Ordinance Review Committee)
December 7, 2011 (Review /Recommendation)
b. Advisory Boards:
Because the Economic Development Commission has been disbanded,
Planning staff provided the amendments to Economic Development (ED) staff
for review and comment in mid - September. ED staff comments have been
incorporated into the proposed amendment packet.
c. Local Government Review:
These text amendments are not subject to JPA review because they do not
affect the Rural Buffer; however, Planning staff sent the amendment packet to
the Towns of Chapel Hill and Carrboro at the end of October.
d. Outreach:
A
® General Public: Public Hearing process consistent with NC State Statutes
and OrangeCounty ordinance requirements. For text
amendments, the process consists of legal advertisements
published for two consecutive weeks prior to the public
hearing and the public hearing.
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval of the proposed amendments will not create the need for
additional funding. Existing Planning staff researched and wrote the amendments
and is coordinating processing and reviews. Associated advertising costs were
included in the FY11 -12 Budget.
D. AMENDMENT IMPLICATIONS
The proposed amendments have been categorized and color -coded into three basic
types:
• Clean -up/ "Housekeeping"
• Minor but more substantive than a clean -up
• Substantive
The amendments are in response to the BOCC directive to focus on economic
development - related initiatives. The proposed amendments are intended to more
strongly encourage non - residential development in designated growth areas while
balancing any adverse impacts to adjacent properties and the environment. If adopted,
the more substantive amendments are likely to make non- residential development in
designated growth areas less onerous while continuing to result in a quality development
project that minimizes adverse impacts. _
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 for Amendment packet.
279
5
280
Attachment 2 281
UDO Amendment Packet Notes
Planning staff was tasked with the following:
Propose amendments to the UDO that will more strongly encourage
quality, non - residential development in the EDDs while balancing any
adverse impacts to adjacent properties and the environment. Ensure the
amendments work within the overall framework of the UDO and how
Orange County regulates development but do not propose changes to the
Table of Permitted Uses (Section 5.2) at this time.
The following amendment package seeks to achieve the stated task. Since the number
of affected pages is rather extensive, staff has divided the proposed amendments into
three basic, color -coded types:
Green text: Clean -up or housekeeping types of amendments. Do not
change existing regulations.
Orange text: Minor amendments but more substantive than a
"housekeeping" item. May change existing regulations slightly or may be
a clarifying addition to the regulations. Some may have the potential to
slightly change the way some people might interpret a regulation.
Red text: Substantive change from existing regulations.
With one exception, only pages of the UDO with a proposed change are included in the
packet. The one exception is where a page needed to be included in order to be clear
about which section of the UDO was proposed for amendment. Additionally, there is at
least one instance where Word automatically broke a footnote across two pages, so if a
footnote seems to end mid - sentence, please check the bottom of the next
page. Please note that the page numbers in this amendment packet may or may not
correspond to the page numbers in the adopted UDO because adding text may shift all
of the text/sections downward. You are encouraged to review this amendment packet
in the context of having your complete UDO available for referencing as needed.
Every change has a footnote that provides a brief rationale or reason for the proposed
change.
282
Article 2: Procedures
Section 2.5: Site Plan Review
(1) Erosion control and grading plans as necessary to be approved by the Erosion
Control Officer for a grading permit, and
(2) Building construction plans to be approved by the Building Official prior to
issuance of a building permit.
2.5.3 Plan Specifications
Each site plan shall be drawn at a scale adequate to show required detail and shall contain the
following information:
(A) The boundary of the lot(s) to be developed labeled with bearings and distances;
(B) The name, address, and phone number of the applicant and the property owner;
(C) Name of project, vicinity map, north arrow, scale, tax map reference number, date of plan
preparation, and subsequent revision dates;
(D) Zoning of the property to be developed and all adjacent zoning and existing adjacent land
uses;
(E) Adjacent right -of -way widths with road names and numbers;
(F) A development summary including total acres, proposed use(s), total building square
footage, required and proposed parking spaces.' [Note that subsequent requirements (G
through V) have been automatically renumbered]
(G) Demonstrated compliance with all applicable performance standards contained in Articles
3, 4, 5, and 6 of this Ordinance;
(H) Maximum and proposed impervious surface and required stream buffers as detailed in
Sections 4.2 and 6.12 of this Ordinance;
(1) Estimated traffic generated by the proposed development in trips per day. If the estimate
exceeds 800 trips per day, a traffic impact study must be submitted in accordance with
Section 6.17;
(J) Front, side, and rear building setbacks as required by Articles 3 and 5 of this Ordinance;
(K) Location of all proposed buildings and structures labeled with floor area, building height
and function, and proposed finished floor elevation;
(L) Vehicular use areas including existing and proposed streets and access drives, off street
parking and loading to comply with Section 6.9 of this Ordinance, and entry/exit points of
adjacent parcels;
(M) Overhead and underground utilities with accompanying easements and storm drainage
facilities /easements (including septic tanks and wastewater disposal fields, wells, fire
hydrants, irrigation, and security lights);
(N) Solid waste disposal facilities;
(0) All proposed free - standing and wall- mounted signs. Signs must comply with Section 6.12
of this Ordinance;
(P) A landscape plan demonstrating compliance with Section 6.8 of this Ordinance;
(Q) For all developments other than single - family residential and duplexes, existing contour
lines (dashed) and proposed contours (solid) at 5 -foot intervals with 10 -foot contours
bold. Where site conditions warrant, 2 -foot contours may be required;
1 In an effort to streamline the UDO in areas related to economic development efforts, this requirement is suggested
to apply to all site plans since it is reasonable to require of all site plans and it is the only requirement in existing
Section 2.5.7 (A)(2) and 2.5.7(B)(2) that is not redundant with Section 2.5.3. Adding this reasonable requirement,
which the large majority of applicants already provide in order to show compliance with (G), to Section 2.5.3 Nvill
allow for deletion of the redundant sections.
Orange County, North Carolina — Unified Development Ordinance
Page 2 -10
Article 2: Procedures 283
Section 2.5: Site Plan Review
2.5.5 Vesting of Site Plan
(A) At the option of the Applicant, a site plan may be vested for a period of not less than two
nor more than five years. To become vested, a site specific development plan must be
approved by the Board of County Commissioners as a Special Use Permit, in accordance
with Section 2.7 of this Ordinance. An approved site specific development plan shall
contain the following statement: Approval of this plan establishes a zoning vested right
under G.S. 153A- 344.1. Unless terminated at an earlier date, the zoning right shall be
valid until
(B) The site specific development plan for a project which requires the preparation of an
Environmental Impact Statement (EIS) in accordance with Section 6.16 of this Ordinance
shall not be approved until the EIS has been made available for public review, and has
been presented to the Board of County Commissioners in accordance with Section 2.23
of this Ordinance.
2.5.6 Guarantee of Improvements
(A) If a guarantee of improvements is required as a condition of site plan approval, the
applicant shall provide Orange County with a security bond, escrow agreement, or
irrevocable letter of credit by an approved institution.
(B) The guarantee shall be effective for 12 months and shall include the cost of the
improvements plus 10 %.
(C) Prior to issuance of any site plan approval, the guarantee shall be approved by the
County Attorney.
(D) If a guarantee is not submitted, the developer must install all required improvements to
the satisfaction of the County prior to issuance of the zoning compliance permit.
2.5.7 Additional Requirements for Overlay Districts
(A) Efland- Cheeks Highway 70 Corridor Overlay District
(1) Approval Requirements
Within the Efland- Cheeks Highway 70 Corridor Overlay District (ECOD), no
construction activity shall begin nor shall any conversion of existing single - family
residence to a non - residential land use, excavation, soil removal, grading or
disturbance of vegetation including trees, land disturbing activity associated with
a non - residential land use, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Sections 2.4, and 2.5.4 6.6.2 of this Ordinance.
i2)- S#e P an t?4gWfe_ments
+h' SeGtiGRS 2.5.4 @ d a 4 2 the
- itiG � .f rn Fnn shall he re aired fGr nnn rccideti ^I land uses
derclepiRg � e
pFGpesed use(s), tetal
irerl 2Rd nrepG- Sericrkingg- _pa-_es
f entire t inntud nn }hn pf- GpGSed --L of ^11 h�cilri nn
high - "s
Orange County, North Carolina — Unified Development Ordinance rage Z -I z
284
Article 2: Procedures
Section 25' Site Plan Raviaw
(B) Major Transportation Corridor Overlay District
(1) Approval Requirements
Within the Major Transportation Corridor District, no construction activity shall
begin nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Sections 2.4 aR -2.5 -4 of this Ordinance.
2 Other than one requirement, this section is redundant with Section 2.5.3. The one requirement is suggested to be
added to Section 2.5.3 and this subsection can then be deleted. [see related footnote in Section 2.5.31.
Orange County, North Carolina - Unified Development Ordinance
Page 2 -13
#efleWi-ag;
(-G) The di-mensip-Rq. a3Rd arreag8 of each In# n h
th f + h
I
l.11]GD -t�L +h� ica ed
hi-lilt
(e) The
The leGa }in of n i tS of tFy d '+ f
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ve -_ulcr...,c4'I
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Grading. drainage. sedimentatipn and n rrre
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(k) The lacatin-A of existiRg and
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2 Other than one requirement, this section is redundant with Section 2.5.3. The one requirement is suggested to be
added to Section 2.5.3 and this subsection can then be deleted. [see related footnote in Section 2.5.31.
Orange County, North Carolina - Unified Development Ordinance
Page 2 -13
Article 2: Procedures 285
Section 2.5: Site Plan Review
2.5.8 Additional Requirements for Economic Development Districts
(A)
aGGGrdaRGe with the provisions Gf this SeGtmGn andl - ---M-- M -M - -
a
(B) Prior to submission of an application for site plan approval, applicants will be Feq u Fed to
shall5 meet with representatives of the Planning and Inspections, and Economic
Development Departments to identify policies, procedures, regulations, and fees
applicable to development proposals.
(C)
(D) Any proposed subdivision in an Economic Development District shall follow the approval
procedures as specified in Section 2.16.
(E) In addition to the submittal requirements contained in this Section, a complete application
shall also include:
(1) Building elevation drawings for each proposed structure; and
(2) A minimum of two drawings of sections through the site illustrating existing and
proposed grades, as well as the relationship of different site features.
(E) FailuFe te Me8t th8 GFiteFia feF site plaR apffGyal listed iR this SeGtieR, to addFes
a.
tA the
deVe!GpMeRt
F
GhaRgeS Fequired fr,r the - ppliGatiGn -te be 2ppmve` 7
(0) An appliGaRt shall h - appliGaRt .. - fe�Arfitinnal
s Other than one requirement, this section is redundant with Section 2.5.3. The one requirement is suggested to be
added to Section 2.5,3 and this subsection can then be deleted. [see related footnote in Section 2.5.3].
a This is not really an "additional' requirement because all projects must comply with these sections (e.g., see
Section 2.4.1(A). This is a remnant that remains from when the former EDD Design Manual was distributed as a
separate document and the process was contained in that document. Economic Development (ED) Department staff
asked Planning staff to evaluate the language in this subsection to ensure only truly additional requirements are
listed here.
s Suggested change to be in conformance with how language is used throughout the UDO.
6 Redundant with the zoning district charts in Article 3 which direct users to Article 6. Additionally, staff reviews
applications for compliance with the entire UDO, not just Sections 6.3 and 6.4. Rationale for change is also related
to Footnote for (A) above regarding the EDD Design Manual.
7 This is redundant with the procedures set forth in Section 2.5.4 for all site plan reviews. Economic Development
Department staff has a concern about the negative connotations underlying the language in (F) and requested that
Planning staff review the language. Planning staff believes (F) can be deleted because it is not specific to projects in
EDDs, but, rather, is the normal process for all projects.
Orange County, North Carolina — Unified Development Ordinance Page 2 -14
Article 2: Procedures
286
Section 2.6: Floodplain Development Permit and Certificate Requirements
- - r_ - _ W, z ! '! --
•
2.6.1 Requirements for Special Flood Hazard Area Overlay District
All projects proposing the development of property located within the Special Flood Hazard Area
Overlay District shall be required, regardless of the proposed land use, to submit a site plan
prepared by a registered engineer, landscape architect, or land surveyor in accordance with the
provisions of Section 2.5.
2.6.2 Plans and Application Requirements
Application for a floodplain development permit shall be made to the Floodplain Administrator on
forms furnished by the Planning Department prior to any development activities proposed to be
located within flood prone areas.
The following items/ information shall be presented to the Floodplain Administrator to apply for a
floodplain development permit:
(A) A plot plan drawn to scale which shall include, but shall not be limited to, the following
specific details of the proposed floodplain development:
(1) The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, driveways, utility
systems, grading /pavement areas, fill materials, storage areas, drainage
facilities, and other development;
(2) The boundary of the SFHA as delineated on the FIRM or other flood map as
determined in Section 4.3.5 or a statement that the entire lot is within the SFHA;
(3) Flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood map as determined in Section 4.3.5;
(4) The boundary of the floodway(s) or non- encroachment area(s) as determined in
Section 4.3.5;
(5) The Base Flood Elevation (BFE) where provided as set forth in Sections 4.3.5,
1. 10.2 (K) and (L), and 6.6.1;
(6) The old and new location of any watercourse that will be altered or relocated as a
result of proposed development; and
(7) Preparation of the plot plan by or under the direct supervision of a North Carolina
licensed professional Land Surveyor or Professional Engineer and certified by
them.
(B) Proposed elevation, and method thereof, of all development within a SFHA including but
not limited to:
(1) Elevation in relation to mean sea level of the proposed reference level (including
basement) of all structures;
(2) Elevation in relation to mean sea level to which any non - residential structure in
Zone AE will be flood - proofed; and
(3) Elevation in relation to mean sea level to which any proposed utility systems will
be elevated or flood proofed.
8 This is not an additional requirement for projects in EDDs; it is applicable to all projects . This is an unnecessary
renmant of the process components contained in the EDD Design Manual that was carried over when the Manual
was incorporated into the UDO.
Orange County, North Carolina — Unified Development Ordinance Page 2 -15
Article 2: Procedures 287
Section 2.16: Subdivisions in the Economic Development, Commercial, and /or COMMERCIAL - INDUSTRIAL
Industrial NodesOFOF
2.15.5 Certificate of Adequacy of Public School Facilities
No approval of a major subdivision preliminary plat or a minor subdivision final plat for a
residential development shall become effective unless and until a Certificate of Adequacy of
Public School Facilities (CAPS) for the project has been issued by the relevant School District.
See Section 6.19 for standards related to CAPS.
(A) All subdivisions in the Economic Development, Commercial, and /or Commercial -
Industrial and/oF Indust Nodes, as identified in the Comprehensive Plan, shall submit
an application in accordance with the requirements specified in Section 2.15.3(8).
(B) Initial review of all subdivisions in the Economic Development, Commercial, and /or
Commercial - Industrial Nodes shall be performed by the Planning
Department.
(C) Following review by the Planning Department all subdivisions shall follow the major
subdivision preliminary plat approval procedures specified in Section 2.15.3.
(D) All roads in the Nodes identified in (A) above are required to be public and constructed to
North Carolina Department of Transportation standards.
(E) Final plat approvals shall follow the final plat approval procedures in Section 2.15.4.
(F) Additional Requirements for Hillsborough Economic Development District:
(1) When a MPD -CZ rezoning petition is approved, and the tract that is subject of
said rezoning is proposed to be subdivided, all provisions of Article 7 shall be
satisfied.
(a) The applicant may obtain approval of the subdivision simultaneously with
the approval of the rezoning if sufficient information (i.e. lot lines, lot size,
etc) is shown on the site plan or at a later time.
(b) The subdivision shall be consistent with the terms of the MPD -CZ and
Special Use Permit, Class A (as applicable) that is approved along with
the rezoning petition.
(c) If the Master Plan and Special Use Permit, Class A (as applicable) that is
approved along with the MPD -CZ rezoning petition establishes density,
floor area, impervious surface, or similar limitations on the tract that is
rezoned or any portion thereof, the subdivision final plat that creates lots
out of any portion of the tract so encumbered shall indicate on the face of
the plat with respect to each lot such limitations or restrictions as are
necessary to ensure compliance with the Master Plan and MPD -CZ
rezoning approval.
9 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained
in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not
consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or
1990's when the Comprehensive Plan was changed to include a combined Commercial- Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
Orange County, North Carolina — Unified Development Ordinance Page 2 -57
288
10 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial- Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
Orange County, North Carolina — Unified Development Ordinance
Page 3 -20
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
'' •
DIMENSIONAL
• RATIO STANDARDS
LOCAL COMMERCIAL
Lot Size, min.
(square feet)
None [1]
PURPOSE
Lot Width, min.
(feet)
75
The purpose of the Local Commercial- 1(LC -1) District is to provide
appropriately located and sized sites for limited commercial uses
Front Setback from
designed to serve a population at the neighborhood and rural level
ROW, min. (feet)
15
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.
Side Setback, min.
15 [2]
APPLICABILITY
(feet)
This district will usually be applied where the following conditions
I
exist:
Rear Setback, min.
(feet)
15 [2]
1. Site is located within areas designated by the adopted
Comprehensive Plan as either a Commercial Transition Activity
Node, a Commercial - Industrial Transition Activity Node, a Rural
Community Activity Node or a Rural Neighborhood Activity Node. 10
Height, max. (feet)
25 [3]
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.
Floor Area_Ratio, ^
R CU [4]
NR
iOfl ;
max
NR -CU
Required Open
-C
R
.80
DIMENSIONAL STANDARDS NOTES:
Space Ratio, min.
NR-CU
79
Required Livability.—
S" a ce
R -CU,
65';
[1] Lot size for individual uses shall be appropriate to the method of
water supply and sewage disposal.
_p , Ratio,
Required
R
.074
[2] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
Recreation Space
adjacent residential district.
Ratio, min.
R -CU
.077
[3] Two feet of additional height shall be allowed for one foot
Gross Land�Area, :-
R =CU -
5,000/
increase of the required front and side setbacks.
min Imaz.
none',;.,
NR -CU
none/ .
[4] R = residential, NR =non-residential, CU = conditional use.
(square feet) .
421';344=
Required
Pedestrian/
NR
.20
Landscape Ratio,
NR -CU
198
min.
10 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial- Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
Orange County, North Carolina — Unified Development Ordinance
Page 3 -20
Article 3: Base Zoning Districts 289
Section 3.4: General Commercial Districts
1 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #11 and #12) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -21
DEVELOPMENT LC-1 DISTRICT SPECIFIC D• -D
1.
Uses shall be restricted to those indicated for the LCA District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
2.
use restrictions.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot."
3.
The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
4.
Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in
5.
the Dimensional and Ratio Standards Table.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
6.
usable lot area of at least 40,000 square feet.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
7.
provided.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
8.
Section 7.8.5 for private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
9.
procedure outlined in Section 2.16.
The maximum amount of land zoned LC -1 within Rural Community Activity Nodes shall be limited to ten
acres with a five acre limitation imposed within other Nodes, specifically Rural Neighborhood and Rural
Industrial Nodes, as defined within the Orange County Comprehensive Plan. In situations where a Node
has reached capacity, additional rezoning may be possible through the submittal, processing, and approval
of a Conditional Use in accordance with the provisions of this Ordinance. Acreage limitations shall not apply
to property zoned Existing Commercial -5 (EC -5), Conditional Use (CU), or MPD -CZ.
10.
All sites designated LCA shall have direct access to a street classified either as an arterial or collector as
designated by the adopted Comprehensive Plan.
two iR size, a Class A SpeGial Use PeFmit and Site Plan,
the pFepeFty, and the lot is gFeateF thas aGFes
iR FeSideRtial uses shall be GGRtained within a SiRgle-
12.
OR paFGels less thaR two aGFes size, multiple flGR
s#heF sheFtteFm lease, shall t be GGnsideFed an additaGRal
1 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #11 and #12) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -21
290
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
N1r-1%Jr101X1Mn1211_VX1 U1111VIRItRUAL Lot Size, min. 2,000 1
(square feet) [ ]
PURPOSE Lot Width, min.
(feet) 20
The purpose of the Neighborhood Commercial -2 (NC -2) District is to
provide appropriately located and sized sites for limited commercial Front Setback from 50
uses designed to serve a population at the neighborhood and rural ROW, min. (feet)
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.
Side Setback, min. 2 None
(feet) [ ]
This district will usually be applied where the following conditions
exist: Rear Setback, min.
(feet) None [2]
1. Located within areas designated by the adopted Comprehensive
Plan as either a Commercial Transition Activity Node, Commercial -
Industrial Transition Activity Node, of Rural Neighborhood Activity
Node, or Rural Community Activity Node. 12
2. Uses would serve a market area population confined to the Height, max. (feet) 35 [3]
immediate area and would generally not serve commuters or
Persons outside the surroundina naiahhnrhnnri
12 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Cominercial- Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
Orange County, North Carolina — Unified Development Ordinance
Page 3 -22
Required Open
R -CU NR
.76
DIMENSIONAL STANDARDS NOTES:
[1] Lot size for individual uses shall be appropriate to the method of
water supply and sewage disposal.
[2] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non - residential, CU = conditional use.
Space Ratio, min.
NR -CU
.75
Requi red LivabrI
S13ace Ratio; min::
R . t
R:_CU
52#
Required
Recreation Space Ratio, min.
R
111
R-
R -CU
114
Gross Land Area,
mrri /max"
; (square feet) w ',
R =CU
,,
,
NR CU
77 lc
5 000
none
none,
421;34
Required
Pedestrian/
NR
.19
Landscape Ratio,
min.
NR -CU
188
12 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Cominercial- Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
Orange County, North Carolina — Unified Development Ordinance
Page 3 -22
Article 3: Base Zoning Districts 291
Section 3.4: General Commercial Districts
1.
Uses shall be restricted to those indicated for the NC -2 District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3for land
2.
3.
4.
5.
6.
7.
use restrictions.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 a3 d
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.
The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in
the Dimensional and Ratio Standards Table.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
8.
9.
10.
Section 7.8.5 for private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
The maximum amount of land zoned NC -2 within Rural Community Activity Nodes shall be limited to ten
acres with a five acre limitation imposed within other Nodes, specifically Rural Neighborhood and Rural
Industrial Nodes, as defined within the Orange County Comprehensive Plan. In situations where a Node
has reached capacity, additional rezoning may be possible through the submittal, processing, and approval
of a Conditional Use in accordance with the provisions of this Ordinance. Acreage limitations shall not
apply to property zoned Existing Commercial -5 (EC -5), Conditional Use (CU), or MPD -CZ.
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. F; n teF than two
is by right en any on residential ze ing lot gr-ea
fli.
Ne more than GRe PFiRGipaI 6tP61GtUFe per:mMed
Ge
iR F sideRtial uses 6hall be GORtaiRed WithiR a siRgle
less
12.
GR paFGels than two aGFes size, FAUltiple ROR
FeF the PUFP96e6 Of this eth F. Ft 4 lease, shall t be , GGnsmdeFed a a d` itwe aI lire
13 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( 411 and 912) in this chart.
Orange County, North Carolina — Unified Development Ordinance ruye a -ca
292
Article 3: Base Zoning Districts
SBr:tinn n d• ranarnl (`nm..,e ;_i n;_*• ; .a
14 At the request of Economic Development Department staff, Planning staff is suggesting that this statement be re-
written to reflect Purpose statement similar in type to the other commercial districts (e.g., not listing specific types of
uses — see LC -1, NC -2, and GC -4 Purpose statements for comparison)
15 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial - Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
%.veuuy, rwrEn -aroiina — umtieci Development Ordinance Page 3 -24
DIMENSIONAL • STANDARDS
COMMUNITY
Lot Size, min. (square
COMMERCIAL
feet) 2,000 [1j
PURPOSE
Lot Width, min. (feet) 20
The purpose of the Community Commercial -3 (CC 3) District is to
provide suitably located and sized sites for commercial, office and
service uses iRGI ding l..,,•+ a . + t a "l
Front Setback from
50
geeds d ++ ,
' designed to serve a county -level
ROW, min. (feet)
market area'. Performance standards will be used to insure the
absence of adverse impacts beyond the zoning district boundaries
of the use.
Side Setback, min.
None [2]
APPLICABILITY
(feet)
This district will usually be applied where the following conditions
exist:
Rear Setback, min.
(feet) None [2]
1. Existing community commercial type developments on sites
that are within areas designated by the adopted Comprehensive
Plan as a Commercial Transition Activity Nodes or Commercial -
Industrial Transition Activity Node.1s
2. In the Chapel Hill Joint Planning Transition area, new
developments of a CC -3 nature should be controlled by the
appropriate Conditional Use designation.
3. Use would serve a market area population extending to major
Height, max. (feet) 45 [3]
segments of the county and its municipalities.
4. Generally, for property designated Transition in the adopted
Comprehensive Plan urban services such as water supply and
sewerage would exist or be made available as part of the
development process. For property located in other areas, the
water supply and sewage disposal shall be appropriate to the uses
proposed and the site conditions.
DIMENSIONAL STANDARDS NOTES:`'
[1] Lot size for individual uses shall be appropriate to the method
FloorArea patio,
400 f
of water supply and sewage disposal
max.'
NR =CU.:
[2] Required side and rear setbacks adjacent to residentially zoned
R -CU
land shall be equal to the required side or rear setback of the
Required Opace
pen S
NR NR-
adjacent residential district.
Ratio, min.
CU
.72
[3] Two feet of additional height shall be allowed for one foot
Required Livability
increase of the required front and side setbacks.
,`
Space Ratio, min.
14 At the request of Economic Development Department staff, Planning staff is suggesting that this statement be re-
written to reflect Purpose statement similar in type to the other commercial districts (e.g., not listing specific types of
uses — see LC -1, NC -2, and GC -4 Purpose statements for comparison)
15 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial - Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
%.veuuy, rwrEn -aroiina — umtieci Development Ordinance Page 3 -24
Article 3: Base Zoning Districts 293
Section 3.4: General Commercial Districts
[4] R = residential, NR = non - residential, CU = conditional use.
Required Recreation
R
.197
R -CU
.200
Space Ratio, min.
Required
Pedestrian /Landscape
NR
NR CU
.18
Ratio, min.
DEVELOPMENT CC-3 DISTRICT SPECIFIC D'''
1.
Uses shall be restricted to those indicated for the CC -3 District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
2.
use restrictions.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.
3.
The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
4.
Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in
5.
the Dimensional and Ratio Standards Table.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
6.
usable lot area of at least 40,000 square feet.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
7.
provided.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
8.
Section 7.8.5 for private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
9.
procedure outlined in Section 2.16.
Normally, the maximum amount of land zoned CC -3 at any node shall not exceed 29 acres, but 15 acres
shall apply in rural areas where population density is lower and distributed more widely than in the Transition
Areas. Acreage limitations shall not apply to property zoned Existing Commercial -5 (EC -5), Conditional Use
10.
(CU), or MPD -CZ.
All property to be designated for new development under this classification shall have direct access to major
collector streets as designated by the adopted Comprehensive Plan.
is iR GFdeF tG Garry Gut the pFiRG'pal us
aGFes in size. Where rnnFP than eRe pFiRG;pal StFUGtWe pFGPGSeG[
is two in size, a Class A SpeGial Use PeFrnit a d Site
the pi:epeity, and the lot gFeateF than aGFes
less in RGn FesideRtial uses 6ha be G - ---
OR paFGels thaR twG aGFes size, multiple
16 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to 92 to direct users to
the appropriate Section of the UDO if the users, project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #11 and #12) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -25
294
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Lot t) Size, min. (square I 40,000 [1]
Lot Width, min. (feet) 1 75
The purpose of the General Commercial -4 (GC 4) District is to Front Setback from
provide suitable situated and, sized sites that allow a broad range ROW, min. (feet) 35
of commercial, office and service uses. Performance standards
will be used to insure the absence of adverse impacts beyond
the zoning district boundary.
Side Setback, min. None 2
(feet) [ ]
This district will usually be applied where the following conditions
exist:
Rear Setback, min.
(feet)
None [2]
1. The site is within an area designated by the adopted
Comprehensive Plan as either a Commercial Transition Activity
Node, or Commercial - Industrial Transition Activity Node-,-49F
n
2. Water and sewer mains exist at the site or are to be made
Height, max. (feet)
45 [3]
available as part of the development process or the lot size for
individual uses are appropriate to the method of water supply
and sewage dis osal.
Ratio ,!R
. 01
492
DIMENSIONAL STANDARDS NOTES:
F ooifA tmax
:r
NR, CU0
[1] Lot size for individual uses shall be appropriate to the method
of water supply and sewage disposal.
Required Open Space
NR
[2] Required side and rear setbacks adjacent to residentially
Ratio, min.
NR -CU
71
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
Goss <Lsa pal ��
�,�
25600%
[3] Two feet of additional height shall be allowed for one foot
i %rrtax
x
s uare feet;
)�
t NRCU`"
fr fir_<
norm
increase of the required front and side setbacks.
� �
� �
Required
NR
[4] R = residential, NR = non - residential, CU = conditional use.
Pedestrian /Landscape
NR -CU
.178
Ratio. min.
Uses shall be restricted to those indicated for the GC -4 District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located Refer to Section 4.2.3 for land
" The Commercial- Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial - Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
Orange County, North Carolina - Unified Development Ordinance
Page 3 -26
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts 295
use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot. 18
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in
the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
8. Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
9. All property to be designated for new development under this classification shall have direct access to major
collector streets, as designated by the adopted Comprehensive Plan.
12ermit arid Site PlaR,
CAAMOARA.11_16e (CU) Distiirt, GF Conditional 7=9Rii;9 (97S) ID;rtF*Gt shall be appFeved by the Reard- t9f County
On Par - Gels less than bve ar-Fes size, multiple nn-A residential-1-spi.; sh;;11 ht= rnnt;;inPd wethari a siRgle
18 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non- residential principal use or
principal structure instead of having two separate Development Standards ( 410 and 411) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -27
296
The purpose of the Existing Commercial -5 (EC 5) District is to
provide a
district to be used only during the application of zoning to
previously unzoned townships to accommodate existing
commercial uses or in zoned townships to previously zoned
commercial property which is not located in areas designated as
Activity Nodes by the adopted Comprehensive Plan.
This district shall be applied to:
1. Existing commercial uses in previously unzoned townships.
2. Previously zoned commercial property located in areas not
designated as Activity Nodes in the adopted Comprehensive
Plan.
This designation shall only be applied to property used for
existing commercial at the time of application of this Ordin
DIMENSIONAL STANDARDS NOTES:
[1] R = residential, NR = non - residential.
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Article 3: Base Zoning Districts
Sarfinn 3 d• ('l r........... :..1
Lot Size, min. (square
feet)
Front Setback from
ROW, min. (feet)
Rear Setback, min.
(feet)
40,000 [1]
R 40
NR 35
R 20
NR None [2]
Floor Area Ratio, max. I NR 1 .492
Required Open Spade,,a
Ratio Fmm
�
Required
Pedestrian /Landscape
NR
.178
Ratio, min.
1. Uses shall be restricted to those indicated for the EC -5 District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot. 19
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in
the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
19 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non- residential principal use or
principal structure instead of having two separate Development Standards ( #9 and #10) in this chart.
Orange County, North Carolina — Unified Development Ordinance
Page 3 -28
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts 297
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
8. Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
the pi:eper-ty, and the lot is gFeateF thaR twe aGFes in size, a Class A SpeGiAl Wre Permit and Site PlaR,
OR PaFGels less than We aGFeG in Gize, FRUItiple ReA Fesidential uses shall be GontaiRed within a siRgle
ether -art teFm lease tin t be Gensidered an additional use.
11. An Existing Commercial -5 (EC -5) District eliminated or reduced to a non - functional zoning lot as a result of a
public - entity condemnation or partial taking may be amended by Board of County Commissioner's legislative
action provided the following criterion are met:
a. Rezoning Process:
L The amended district acreage shall not be increased in size by more than 10% of the
existing parcel(s). The use shall be the same primary use as listed in the Existing
Commercial - 5 (EC -5) inventory when the district was originally created.
ii. The new district shall be contiguous to the existing district.
iii. Land not rezoned or not included within the new petitioned district shall be petitioned, by
the owner(s), to be returned to the zoning classification of the surrounding land. In the
event there is more than one adjacent zoning district, the tract shall be returned to the
lowest use category of the surrounding adjacent property provided a non - conforming
situation is not created on the subject or adjacent parcels.
iv. Additional property added to an existing parcel shall be recombined by deed into one
zoning lot prior to issuance of zoning or building permits.
V. Conformance with the Comprehensive Plan shall not be mandatory when considering a
rezoning /relocation of an EC -5 District, but shall be evaluated.
vi. If a condemnation results in less than or equal amount of property being taken for public
right -of -way than is specified in the Orange County Comprehensive Plan (Transportation
Element) for typical right of way dedication, then these criteria shall not be used.
b. Building Permit Process
i. All watershed impervious surface limitations shall be met.
ii. A 20 foot wide landscaped buffer shall be established along the new right -of -way. Design
criteria shall meet commercial standards, as required in Section 6.8.
iii. Economic Development District standards shall be used, where applicable. See Article 6.
iv. Access points shall be limited to two locations with a maximum width of 26 feet each and
a maximum radius of 30- degrees. A driveway permit application shall be submitted along
with zoning permit request.
V. Freestanding monument signs shall be limited to six feet in height and 50 square feet
maximum. In the case of gas station uses, only the portion of a sign for fuel pricing may
be internally illuminated.
vi. All current Environmental Health regulations shall be met.
vii. All other applicable development criteria such as parking, lighting, loading /unloading
areas, buffers, etc. shall apply. See Article 6.
Orange County, North Carolina - Unified Development Ordinance raqu 0-e-0
298
0
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Lot Size, min. (square R [1] None
feet) NR
NR -CU 5,000
The purpose of the Office/Institutional (0/1) District is to provide
locations for medium and high intensity office, service, Front Setback from NR-CU
None
institutional, and residential land uses in areas where urban ROW, min. (feet)
services are available or are to be made available as part of the NR 25
development process. This district is intended to provide for
employment centers near transportation routes. o
This district will usually be applied where the following conditions
rcano {rtln .;
R
None
exist:
Rear Setback, min.
NR
10 2
w
Re w Rec eao
SPad��
(feet)
k ;
X11,
1. Site is located in areas designated by the adopted
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
NR-CU
None [ 2 ]
Comprehensive Plan as Commercial Transition Activity Node or
NR -CU
200,000/
Commercial - Industrial Transition20 Activity Nodes.
"t
X35 s
2. Water and sewer mains are existing at the site or are to be
made available during the development process.,,,
jelght 1[eet) ,
$ •�} , s
u' [3�
R -CU .40
Floor Area Ratio, max. NR
NR -CU .45
DIMENSIONAL STANDARDS NOTES:
[1] R = residential, NR = non - residential, CU = conditional use.
rcano {rtln .;
y iF
Required Livability
Space Ratio, min.
R -CU
.52
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
w
Re w Rec eao
SPad��
k R
k ;
X11,
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Gross Land Area,
min. /max.
(square feet)
R -CU
5,000/
none
NR -CU
200,000/
Uses shall be restricted to those indicated for the 0/1 District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoninq lot.21
20 Suggestion addition to provide consistency in what the Nodes are called throughout the charts.
Orange County, North Carolina — Unified Development Ordinance
Page 3 -30
Article 3: Base Zoning Districts 299
Section 3.4: General Commercial Districts
3.
The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
4.
5.
Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in
the Dimensional and Ratio Standards Table.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
6.
usable lot area of at least 40,000 square feet.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
7.
provided.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
8.
Section 7.8.5 for private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
9.
10.
procedure outlined in Section 2.16.
Normally, the maximum amount of land zoned to this district shall not exceed five acres.
The site shall be located near major transportation corridors and have access to adequate public roadway
network.
1-16e DiStFiGt, GGAditigRal ZGRiR9 PiGtFiGt shall be approved by the of G ounty
(GIJ) GF (G7.) -Reard-
�;ssian ers
On less Me Fesidential uses shall 139 Gentained withiR a GiRgle
1:2
PaFGeI6 thaR arzras size, multiple AeR
FeF the purposer. of this
nth h rt 4 lease, shall t be GGRS*deFP-d- d R. - +r�r1'4' .+�I
21 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to 42 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( 911 and 412) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -31
{ I
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
DIMENSIONAL AS • STANDARDS
AGRICULTURAL
SERVICE Lt Si 0,000 [1]
PURPOSE
Lot Width, min. (feet) 200
The purpose of the Agricultural Service (AS) District is to provide Front Setback from 50
sites in the rural portion of the County for rural non -farm, non- ROW, min. (feet)
residential uses which support the horticultural, silvicultural, and
agricultural uses of the AR districts.
Side Setback, min. 20 [2]
(feet)
APPLICABILITY
This district will usually be applied where the following conditions Rear Setback, min. 20 [2]
exist: (feet)
1. Site is within areas designated by the adopted Comprehensive
Plan as Agricultural Residential. Height, max. (feet) 45 [3]
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. None
[1] Lot size for individual uses shall be appropriate to the method
of water supply and sewage disposal. Required Open Space
[2] Required side and rear setbacks adjacent to residentially .83
zoned land shall be equal to the required side or rear setback of Ratio, min.
the adjacent residential district. Required
[3] Two feet of additional height shall be allowed for one foot Pedestrian /Landscape .208
increase of the required front and side setbacks. Ratio, min.
DEVELOPMENT AS DISTRICT SPECIFIC DA-D
1. Uses shall be restricted to those indicated for the AS District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.22
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
22 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #9 and #10) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -32
Article 3: Base Zoning Districts 30
Section 3.4: General Commercial Districts
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
8. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres.
On PaFGeIs less thaR twe aGrer. in size, multiple RGR Fesidential uses r--h;-;,, be r--GRtaiF;ed WithiR a SuRgle
9theF -oheFt teFFR lease, s holl R9t be id 11 a .,dditi9 of use
Orange County, North Carolina — Unified Development Ordinance Page 3 -33
302
SECTION 3.5: INDUSTRIAL DISTRICTS
Article 3: Base Zoning Districts
Section 3.5: Industrial Districts
Lot Size, min., per use I 80,000 [1]
(square feet)
The purpose of the Light Industrial -1 (I -1) District is to provide
appropriately located and sized sites for limited industrial uses
*,N
C
W
Front Setback from
NR
50
engaged in manufacturing, processing, creating and assembling
of goods, merchandise or equipment. Performance standards
will be used to insure the absence of adverse impacts beyond,
the immediate space occupied by the building.
APPLICABILITY
ROW, min. (feet)
NR-CU
None
��
t
ong
[
R
NR
50
This district will usually be applied where the following conditions
exist:
Rear Setback, min.
1. Site is located within areas designated in the adopted
Comprehensive Plan as either
NW01e a Commercial - Industrial Transition Activity Node or a
Rural Industrial Activity Node 23
(feet)
NR-CU
None [3]
Ieiglit max��(feet)
4]�
DIMENSIONAL STANDARDS NOTES:
Floor Area Ratio, max.
.200
[1] Lot size for individual uses shall be appropriate to the method
of water supply and sewage disposal.
[2] R = residential, NR = non - residential, CU = conditional use.
Required Open Space,'
Ratio; min:;
NR_
Gross Land Area,
min. /max.
(square feet)
NR-CU
80,000/
none
[3] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
[4] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required
Pede`strian/Landscane.
�.'� �.
w°
Uses shall be restricted to those indicated for the 1 -1 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.24
2s The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial- Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
24 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to 42 to direct users to
Orange County, North Carolina — Unified Development Ordinance
Page 3 -34
Article 3: Base Zoning Districts
Section 3.5: Industrial Districts 303
3.
Residential uses are not permitted in this district.
4.
Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in the
Dimensional and Ratio Standards Table.
5.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6.
Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan. Access to rail service is desirable but not required.
7.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
8.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
9.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
in.
procedure outlined in Section 2.16.
W9 Me 1`49 th;-4R A-Re is by lot than twe
pFiRGipal stFuGtwFe peFR;itted Fight eR any AGA FesideRtial zoning gFeater
the and the lot as than bve aGres in size, a Qa6s A SpeGi-I I Ise Permit a d Site Plan,
property, gFeater
11.
OR less than twe in be
PaFGels aGFer. size, multiple AGR Fe6idential uses shall r.GRtaiRed within a single
ether ` -arty ttp -R:n lease shall net be rensideFFed an ••dditin .,1 u
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #10 and #11) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -35
Article 3: Base Zoning Districts
304 Section 3.5: Industrial Districts
Lot Size, min., per use I 20,000
(square feet)
The purpose of the Medium Industrial -2 (1 -2) District is to provide :y 1 ` = CU�'Norie
locations for enterprises engaged in manufacturing, processing,
creating, repairing, renovating, painting, cleaning, and Front Setback from NR 50
assembling of goods, merchandise or equipment. Performance ROW, min. (feet) NR-CU None
standards will be used to insure the absence of adverse impact
beyond the lot boundaries of the use.,,
This district will usually be applied where the following
conditions exist:
1. Site is located within areas designated by the adopted
Comprehensive Plan as a
Commercial - Industrial Transition Activity Node.zs
2. Water and sewer mains exist at the site or be made available
DIMENSIONAL STANDARDS NOTES:
[1] R = residential, NR = non - residential, CU = conditional use.
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Rear Setback, min.
(feet)
Floor Area Ratio, max.
None [2]
NR .300
NR-CU .350
Gross Land Area, 200,000/
min. /max. NR - CU 634,144
(square feet)
RRawred
1. Uses shall be restricted to those indicated for the 1 -2 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.
25 The Commercial- Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial - Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
26 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
Orange County, North Carolina — Unified Development;, Ordinance
Page 3 -36
Article 3: Base Zoning Districts
Section 3.5: Industrial Districts 305
3.
4.
Residential uses are not permitted in this district.
Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non- residential uses than is contained in the
5.
Dimensional and Ratio Standards Table.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6.
Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan. Access to rail service is desirable but not required.
7.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
8.
provided.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
9.
Section 7.8.5 for private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
11.
0- less bNe RGR Fesidential s6ha;ll be r-,GRta*ReGI withiR a SOR918
n PaFGels than an-res -in size, multiple
ather 6heFt teams lease, shall t be is a addit a , aR
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( 410 and #11) in this chart.
Orange County, North Carolina — Unified Development Ordinance rage 6-61
306
Article 3: Base Zoning Districts
Section 3.5: Industrial Districts
Lot Size, min., per use I 20,000
(square feet)
The purpose of the Heavy Industrial -3 (1 -3) District is to provide
locations for enterprises engaged in a broad range of ,,, IMP
manufacturing, processing, creating, repairing, renovating, Front Setback from NR 50
painting, cleaning, or assembling of goods, merchandise or ROW, min. (feet)
equipment. Performance standards will be used to insure the NR-CU None
absences of adverse impacts beyond the zoning district.
This district will usually be applied where the following conditions
exist: Rear Setback, min.
(feet) None [2]
1. Site is located within areas designated by the adopted
Comprehensive Plan as an IndustFial TFansilien Antivity Nede a
Commercial - Industrial Transition Activity Node.27
2. Water and sewer mains exist at the site or be made available
as part of the development process.
Floor Area Ratio, max. NR .400
DIMENSIONAL STANDARDS NOTES: NR-CU 450 Regifed Opel Space NR, 6`
[1] R = residential, NR = non - residential, CU = conditional use
, ... ;
[2] Required side and rear setbacks adjacent to residentially
Ratio ,amlrr + NR,. CU 650;
zoned land shall be equal to the required side or rear setback of Gross Land Area, 623,144/
the adjacent residential district. min. /max. NR-CU
none
[3] Two feet of additional height shall be allowed for one foot (s q uare feet)
increase of the required front and side setbacks.
Uses shall be restricted to those indicated for the 1 -3 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.28
27 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial- Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies. ,
28 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #2 to direct users to
Orange County, North Carolina — Unified Development Ordinance
Page 3 -38
Article 3: Base Zoning Districts
Section 3.5: Industrial Districts 307
3.
4.
Residential uses are not permitted in this district.
Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in the
Dimensional and Ratio Standards Table.
5.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6.
Access shall consist of direct vehicular access to streets designated either arterial or collector by the
adopted Comprehensive Plan. Access to rail service is desirable but not required.
7.
Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
8.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
9.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
,
4h ti h ♦ m; lease, shall net be sid °r °d a addatieR l use.
the appropriate Section of the UDO if the users' project involves more than one non- residential principal use or
principal structure instead of having two separate Development Standards ( #10 and #11) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3 -39
308
Article 3: Base Zoning Districts
Section 3.5: Industrial Districts
DIMENSIONAL El RATIO STANDARDS
EXISTING INDUSTRIAL
Lot Size, min., per use
{square feet) 80,000
PURPOSE Lot Width, min. (feet) 200
The purpose of the Existing Industrial (EI) district is to provide a
district to be used only during the application of zoning, to
previously unzoned townships to accommodate existing industrial Front Setback from 50
uses not located in areas designated as Industrial Transition ROW, min. (feet)
Activity Node or Rural Industrial Activity Node by the adopted
Comprehensive Plan.
Side Setback, min. 50 [1]
APPLICABILITY (feet)
This district shall only be applied to accommodate existing (at the
time of the application of the Zoning Ordinance to previously Rear Setback, min.
unzoned Townships) industrial uses located in areas not (feet) 50 [1]
designated Commercial -
Industrial Transition Activity Node, or Rural Industrial Activity
Node in the adopted Comprehensive Plan.29
It is further intended that this district shall not be applied to any Height, max. (feet) 45 [2]
use that has adverse
DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. .200
[1] Required side and rear setbacks adjacent to residentially Required Open Space
zoned land shall be equal to the required side or rear setback of Ratio, min. .80
the adjacent residential district.
[2] Two feet of additional height shall be allowed for one foot Required
increase of the required front and side setbacks. Pedestrian /Landscape .20
Ratio, min.
DEVELOPMENT E-I DISTRICT SPECIFIC D• -D
1. Uses shall be restricted to those indicated for the El District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.30
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
29 The Commercial - Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial - Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
30 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to 92 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #9 and #10) in this chart.
Orange County, North Carolina — Unified Development Ordinance
Page 3-40
Article 3: Base Zoning Districts
Section 3.5: Industrial Districts 309
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
Additionally, Section 4.2.6 may require a larger lot size for non - residential uses than is contained in the
Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
8. Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
the pmpepty, and the let Or. gF aGFes in size, a Glass A SpeGial Use Permit and Site Plan,
i Q. OR paFGels less thaR two aGres in size, multiple n9A FesideRtial uses shall be GgAtaiRed withiR -a-singlee
ether- 6heFt rtem; lease, shall Rot be G9RsideFed aR additiGRa.
Orange County, North Carolina - Unified Development Ordinance rage 1-4-1
310
Article 3: Base Zoning Districts
Section 3.6: Other Districts
SECTION 3.6: OTHER DISTRICTS
.
DIMENSIONAL PID
RATIO STANDARDS
Lot Size, min., per use
PUBLIC INTEREST DISTRICT
(square feet)
500,000
PURPOSE I
Lot Width, min. (feet)
No requirement
The purpose of Public Interest District (PID) is to preserve and
protect certain public land and private educational lands, deemed
environmentally sensitive and of major scientific research Front Setback from
significance from the impacts of development. In addition, these ROW, min. (feet)
No requirement
lands will be managed in ways that will prevent any intentionally
No requirement [1]
generated adverse impacts from affecting surrounding property.
Side Setback, min.
APPLICABILITY (feet)
This district will be applied to the following: Rear Setback, min.
1. All Duke Forest lands, the Eno River State Park, all University (feet)
of North Carolina lands, and all other public or private
No requirement [1]
educational lands deemed to be environmentally sensitive and of
major scientific or research significance. Height, max. (feet)
25 [2]
DIMENSIONAL STANDARDS NOTES:
Floor Area Ratio, max.
.0125
[1] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
Required Open Space
Ratio, min.
No requirement
Required
[2] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Pedestrian /Landscape
No requirement
Ratio, min.
PID DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the PID District in Section 5.2, unless a Conditional Use (CU)
or MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non - residential zoning lot.31
3. Residential uses are not permitted in this district.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. No Fner-e than Gne PF*AGipal stFuGture is by right
permitted OR aRy RGR Fesidential zeRing lot gFeater than five
31 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to 42 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #6 and #7) in this chart.
orange county, Nortn Larolina — Unified Development Ordinance
Page 3-42
Article 3: Base Zoning Districts 311
Section 3.7: Economic Development Districts
SECTION 3.7: ECONOMIC DEVELOPMENT DISTRICTS
3.7.1 Purpose
The purpose of Economic Development Districts is to provide locations for a wide range of light
industrial, distribution, flex space, office, service, retail, and residential uses. In choosing the
location of such districts, the following major factors were considered:
(A) Adjacent and with access to an interstate highway by a major arterial or collector;
(B) Adjacent to rail facilities for the movement of goods and potential transit service;
(C) Public water and sewer service is available or capable of being extended; and
(D) Large, buildable tracts are available for development or division into a range of building
site sizes.
3.7.2 Establishment of Geographic Areas and Intent of Each District
Three Economic Development Districts have been established in Orange County:
(A) Buckhorn Economic Development District
Located near the western boundary of the county where Buckhorn Road crosses
Interstates 85 and 40. The intent of the Buckhorn District is to create aR+adustFial pa4:k
a district allowing a wide range of non - residential uses with limited higher density
residential uses.32
(B) Eno Economic Development District
Located at the eastern boundary of the county where U.S. Highway 70 and Interstate 85
intersect. The intent of the Eno District is to create a district allowing a wide range of
non - residential uses with limited higher density residential uses.33
(C) Hillsborough Economic Development District
Located south of the Town of Hillsborough where Old N.C. Highway 86 (Churton Street
Extension) crosses Interstate 40. The intent of the Hillsborough district is to create a
business park setting while controlling strip commercial development.
32 The Table of Permitted Uses for the Economic Development Districts (Section 5.2.2) potentially allows a wide
range of non - residential uses in the Buckhom EDD, very similar to the Eno EDD. Staff is suggesting that given the
similar types of uses allowed (many of which are not "industrial", that the intent of the Buckhom District match the
intent of the Eno District. Additionally, the "Purpose" section of the EDB -1 and EDB -2 zoning district charts does
not limit the Buckhorn District to an "industrial park" setting. See next footnote as well.
33 Staff is suggesting this addition because the Table of Permitted Uses allows residential uses and the adopted small
area plans that include the Buckhorn and Eno EDDs allow for limited higher density residential uses in these areas.
Eventually, the Table of Permitted Uses needs to be updated to reflect density requirements and a standard will need
to be added limiting the amount of higher density residential uses in these EDDs. These necessary revisions are
scheduled to be analyzed in 2012.
Orange County, North Carolina — Unified Development Ordinance Page 3 -43
3 2 Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
I N
The purpose of the Economic Development Buckhorn Lower
Intensity (EDB -1) District is to provide locations for a range of lower
intensity non - residential uses in the designated Buckhom Economic
Development District.
This district will usually be applied where the following conditions
exist:
1. Site is located within the designated Buckhom Economic
Development District.
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives.
DIMENSIONAL STANDARDS NOTES:
Lot size, min., per use
(square feet)
Front Setback from
ROW, min. (feet)
Rear Setback, min.
(feet)
Setbacks between
Buildings, min. (feet)
Floor Area Ratio,
max.
[1] Evaluated as part of the Site Plan review process.
[2] Required side and rear setbacks adjacent to residentially zoned Rtq tr+ cl 00
land shall be equal to the required side or rear setback of the Ratio, mo.
adjacent residential district. Required Livability
[3] Two feet of additional height shall be allowed for one foot Space Ratio, min.
increase of the required front and side setbacks. 3s Gross Land Are$,
[4] R = residential, NR =non - residential, CU = conditional use. ,„•� , _� ,.,
No requirement [1]
Buildings/
Structures
Vehicle Use
Areas,
Storage
25
10
Buildings/ 25 [2]
Structures
Vehicle Use
Areas, 10 [2]
Storage
4reas, Signs
20
34 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the
Hillsborough EDD districts.
35 This is a necessary addition if the ratios are added as shown.
36 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
Orange County, North Carolina — Unified Development Ordinance Page 3-44
Article 3: Base Zoning Districts 313
Section 3.7: Economic Development Districts
37 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #6 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #10 and #11) in this chart.
Orange County, North Carolina — Unified Development Ordinance rays o- to
Required
Pedestrian /Landscape
Ratio, min.
NR
NR -CU
.05
D- -1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1.
2.
3.
4.
Uses shall be restricted to those indicated for the EDB -1 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD -CZ (see Section 3.8).
The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
5.
6.
7.
8.
least 40,000 square feet.
Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites
are also allowed.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non - residential zoning lot. 37
The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of
individual dwellings that can be developed on a parcel of property).
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
9.
private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the procedure
outlined in Section 2.16.
less in FesideRtial uses shall be GG_nta3iAed;A4hin a single pFbRGipa4
ii.
On paFGe!6 than two aGFes size, multipie Ren
not be ceR6ideFed aR additional
37 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #6 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #10 and #11) in this chart.
Orange County, North Carolina — Unified Development Ordinance rays o- to
314 Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
91:
The purpose of the Economic Development Buckhorn Higher
Intensity (EDB -2) District is to provide locations for a range of light
industrial, distribution, retail, office, and services uses in the
designated Buckhorn Economic Development District.
This district will usually be applied where the following conditions
exist:
1. Site is located within the designated Buckhorn Economic
Development District.
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer
systems shall be required to connect to the systems regardless of
the availability of acceptable alternatives_
DIMENSIONAL STANDARDS NOTES:
[1] Evaluated as part of the Site Plan review process.
[2] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non - residential, CU = conditional use.39
Lot size, min., per use I No requirement [1]
(square feet)
Buildings/ 25
Structures
Front Setback from Vehicle Use
ROW, min. (feet) Areas,
Storage 10
Areas, Sions
Buildings/ 25 [2]
Structures
Rear Setback, min. Vehicle Use
(feet) Areas,
Storage 10 [2]
Areas, Si ns
Setbacks between 1 20
Buildings, min. (feet)
" Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the
Hillsborough EDD districts.
39 This is a necessary addition if the ratios are added as shown.
40 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
orange toounty, North Carolina — Unified Development Ordinance Page 3-46
40Floor
R [4]
.65
:Are:a:Ra:tio,
NR
max.
NR -CU
75
Required Open Space>
i7ati , ruin.'
Required Livability
Space Ratio, min.
R -CU
45
Gross Land Area_
none=
" Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the
Hillsborough EDD districts.
39 This is a necessary addition if the ratios are added as shown.
40 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
orange toounty, North Carolina — Unified Development Ordinance Page 3-46
Article 3: Base Zoning Districts 315
Section 37: Economic Development Districts
41 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #6 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #10 and #11) in this chart.
Orange County, North Carolina — Unified Development Ordinance rays o-+i
r
S
Required
Pedestrian /Landscape
NR
NR -CU .05
Ratio, min.
Dc -2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1.
Uses shall be restricted to those indicated for the ED13-2 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2.
Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD -CZ (see Section 3.8).
3.
The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
4.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
5.
least 40,000 square feet.
Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites
6.
are also allowed.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non - residential zoning lot. 41
7.
Residential uses in this district are restricted to temporary mobile homes for custodial care and require a Class B
Special Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density
(i.e., the number of individual dwellings that can be developed on a parcel of property).
8.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
9.
private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the procedure
outlined in Section 2.16.
IGt is iR Glass A SpeGial Use PeFFRit and Site PlaR, GeRditieRal Use (GU)
and the gFeateF tl;aR Me aGFes size, a
Ren residential uses shall be GG-11tained within a siRgle pFiRGipai
ii.
On paFGeI6 less than two aGFeG R SiZe, FRUItiple
41 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #6 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #10 and #11) in this chart.
Orange County, North Carolina — Unified Development Ordinance rays o-+i
316
42 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the
Hillsborough EDD districts.
4s This is a necessary addition if the ratios are added as shown.
44 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development hi the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
vlanye %luunry, worEn uarouna — unified Development Ordinance
Page 3-48
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Buildings/
RIM rad'9711:41M.
Rear Setback, min.
Structures
Lot size, min., per
• • • •
use (square feet) No requirement [1]
APPLICABILITY
(feet)
Areas, Storage
t�
- - - •
Buildings/ 25
Areas Signs
Front Setback from Structures
This district will usually be applied where the following conditionsDrivewaySetback
ROW, min. (feet) Vehicle Use
` Nil
Areas, Storage 10
The purpose of the Economic Development Eno Lower Intensity:
(EDE -1) District is to provide locations for a range lower intensitySid
Areas, Si ns
#Builds
of
Setback; min t ctur s
non - residential uses in the designated Eno Economic Development
District.
t v ehicle Use
(feet) .. -
42 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the
Hillsborough EDD districts.
4s This is a necessary addition if the ratios are added as shown.
44 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development hi the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
vlanye %luunry, worEn uarouna — unified Development Ordinance
Page 3-48
Buildings/
Rear Setback, min.
Structures
25 [2]
Vehicle Use
APPLICABILITY
(feet)
Areas, Storage
10 [2]
Areas Signs
This district will usually be applied where the following conditionsDrivewaySetback
` Nil
exist:
r
Mfr m §Popert�is,�
10 a°
zmii feetE ,,
1. Site is located within the designated Eno Economic Development
Setbacks between
District.
Buildings, min.
20
feet
2. Urban services, such as water and sewer mains, are highly
desirable, but not required if acceptable alternatives are available.
Any proposed use having reasonable access to water or sewer
I height, max (feet)'a
;
systems shall be required to connect to the systems regardless of
*5,
the availability of acceptable alternatives.
44 Floor Area Ratio,
R NR [4]
.60
max.
NR -CU
70
DIMENSIONAL STANDARDS NOTES:
ttitreif
�
[1] Evaluated as part of the Site Plan review process.
Ro'`'
,
[2] Required side and rear setbacks adjacent to residentially zoned
'2.`4°
land shall be equal to the required side or rear setback of the
Required Livability
adjacent residential district.
Space Ratio, min.
R -CU
45
[3] Two feet of additional height shall be allowed for one foot
Gpb4s Land
���r
increase of the required front and side setbacks.
as
[4] R = residential, NR = non - residential, CU = conditional use.
m,/max
t�qn
f ..
Required
Pedestrian/Landsc
NR R
05
ape Ratio, min.
NR
42 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the
Hillsborough EDD districts.
4s This is a necessary addition if the ratios are added as shown.
44 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development hi the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
vlanye %luunry, worEn uarouna — unified Development Ordinance
Page 3-48
Article 3: Base Zoning Districts 317
Section 3.7: Economic Development Districts
1. Uses shall be restricted to those indicated for the EDE -1 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD -CZ (see Section 3.8).
3. The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
impervious surface are located in Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non - residential zoning lot.
6. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of
individual dwellings that can be developed on a parcel of property).
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
8. Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the procedure
outlined in Section 2.16.
aAd the 19t is gFeateF than tw9 aGFes in size, a Glass A SpeGial Use PeFmit and Site Plan, GeRditional Use (GW)
OR PaFGels less thaA Me agres in size, multiple Ren- e6ideRtial uses shall be GGRtained Wthin a s Rgle PF*RG*nal
45 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #5 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non- residential principal use or
principal structure instead of having two separate Development Standards ( 49 and #10) in this chart.
Orange County, North Carolina — Unified Development Ordinance Page 3-49
318 Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Lot size, min., per use I No requirement [1]
(square feet)
- •. Buildings/ 25
Structures
Front Setback from Vehicle Use
ROW, min. (feet) Areas,
Storage 10
Areas, Si ns
The purpose of the Economic Development Eno Higher Intensity
(EDE -2) District is to provide locations for a range of light industrial , y
distribution, retail, office, and services uses in the designated Eno
Economic Development District.* eet c as
Si g ns..
Buildings/ 25 [2]
Structures
Rear Setback, min. Vehicle Use
APPLICABILITY (feet) Areas,
Storage 10 [2]
Areas, Si ns
This district will usually be applied where the following conditionsDIIrveway�Setf ]elfrolnt�
exist: Pr�op]e lines�rnm�,;
�,,
1. Site is located within the designated Eno Economic Development Setbacks between
District. Buildings, min. (feet) 20
2. Urban services, such as water and sewer mains, are highly a< ,, ' 4
desirable, but not required if acceptable alternatives are available .r
Any proposed use having reasonable access to water or sewer Fleig�t;r iI (feet
systems shall be required to connect to the systems regardless of 'r
the availability of acceptable alternatives.
`'Floor Area Ratio, R NR [4] .65
DIMENSIONAL STANDARDS NOTES: max.
[1] Evaluated as part of the Site Plan review process. NR CU 75
[2] Required side and rear setbacks adjacent to residentially zoned Y , Ww � k
land shall be equal to the required side or rear setback of the Rv '
adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot Required Livability R -CU 45
increase of the required front and side setbacks. Space Ratio, min.
[4] R = residential, NR = non - residential, CU = conditional use 47 GO** rid w
46 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the
Hillsborough EDD districts.
47 This is a necessary addition if the ratios are added as shown.
48 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
orange %,ounry, norm t;arouna — Unified Development Ordinance Page 3 -50
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts 319
49 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #5 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( 49 and #10) in this chart.
Orange County, North Carolina - Unified Development Ordinance Page 3 -51
Required NR
Pedestrian /Landscape NR -CU .05
Ratio, min.
DEVELOPMENT EDE-2 DISTRICT SPECIFIC STANDARDS
1.
Uses shall be restricted to those indicated for the EDE -2 District in Section 5.2, unless -a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
2.
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
3.
Conditional Use District or as a MPD -CZ (see Section 3.8).
The impervious surface limit in this district is 70% if detention ponds are provided. Other requirements for
4.
impervious surface are located in Sections 4.2.5 and 4.2.6.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
in size shall have a minimum usable lot area of at
feet and 1.99 acres in size; zoning lots two acres and greater
5.
least 40,000 square feet.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
See Sections 6.2.5 and 6.2.6 if more than
applicable development standards detailed in Article 6 of this Ordinance. 49
one principal use or principal structure is proposed on a non - residential zoning lot.
Residential uses in this district are restricted to temporary mobile homes for custodial care and require a Class B
6.
Special Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection
Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density
7.
(i.e., the number of individual dwellings that can be developed on a parcel of property).
Subdivisions private roads are subject to larger setbacks and minimum lot sizes than those listed in the
proposing
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
8.
private road standards.
Subdivisions in the Economic Development, Commercial and /or Industrial Nodes are subject to the procedure
outlined in Section 2.16. is by 9R any non FesideRtial ZGROR9 !at gFeateF thaR two
peR:ni#ed Fight
toweF &ubjeGt,4e_ayeaF tG year 9F othei: rheFt teR:A lease, shall
of this Fe9uiFeFnei#, aR uAstaffed teIeGeFnrAUAiGat;9R
Ant he nei:isidere4-ap-a4ditkma��.
49 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #5 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( 49 and #10) in this chart.
Orange County, North Carolina - Unified Development Ordinance Page 3 -51
320 Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
I
Lot size, min., (square I 20,000
feet)
The purpose of the Economic Development Hillsborough Linear
Office (EDH -1) District is to provide locations for low to moderately
intense medical, professional, administrative and government office
on small to mid -sized sites in the designated Hillsborough Economic
Development District.
The district is intended to be located on the periphery of established Front Setback from
residential areas and along major and minor thoroughfares. The ROW, min. (feet) 50
district is established to provide convenient locations for offices, the
size and operating characteristics of which require limited parking
and which generate little traffic.
Standards are designed so that this district may serve as a
transitional land use between residential districts and higher, more
intense land uses.
This district will usually be applied where the following conditions S
Side Setback, min (feet) 1
15 1
exist:
Corner Setback, min. (feet) 4
40 [1] [2]
1. This district will be applied in the Hillsborough Economic C
Development District.
Rear Setback, miri (feet)`:` # 5
50 [I]`
2. This district shall only be applied where water and sewer are
Article 3: Base Zoning Districts 321
Section 3.7: Economic Development Districts
[4] R = residential, NR = non - residential, CU = conditional use U
EDH-1 DISTRICT SPECIFIC DEVELOPMENT D'RD
1.
Uses shall be restricted to those indicated for the EDH -1 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2.
Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
3.
Conditional Use District or as a MPD -CZ (see Section 3.8).
The impervious surface limit in this district is 50 %. Other requirements for impervious surface are located in
4.
Sections 4.2.5 and 4.2.6.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
5.
least 40,000 square feet.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non - residential zoning lot.
6.
Residential uses are not permitted in this district.
7.
No drive through facilities may be constructed in this district.
8.
A justification for any deviation to development standards must state a public benefit or purpose.
9.
Structures in this district shall not exceed 5,000 square feet in gross floor area.
10.
If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m., a Class A Special Use Permit
11.
shall be required.
When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District, the
perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with
12.
Section 6.8.12 shall be installed.
All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
13.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
14.
private road standards.
Proposed subdivisions shall follow the procedures outlined in Section 2.16.
in Glass A SpeGial Use PeF:Fnit and Site PlaR, Gendi ienal Use (GU)
and the IGt is gFeateF thaR twe aGFes size, a
non residenfial uses shall be GGRtaiRed within a Single pFiRGipal
On paFGels less than meacres-iR size, multiple
17.
See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit. ss
50 This is a necessary addition if the ratios are added as shown.
52 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to 95 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non- residential principal use or
principal structure instead of having two separate Development Standards ( #15 and #16) in this chart.
" Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the
specific standards for Class A SUPS within the Hillsborough EDD.
Orange County, North Carolina •- Unified Development Ordinance rayu o -ao
322 Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
C
Lot size, min. /max.,
(acres)
The purpose of the Economic Development Hillsborough Limited
Office (EDH -2) District is to provide locations for low intensity office Front Setback, from
uses and supporting services in the designated Hillsborough ROW, min. (feet)
Economic Development District. The district may contain limited
commercial uses within employment centers or where vehicular
access is provided internally to the development.
2/5
50
This district will usually be applied where the following conditions
exist: Corner Setback, min. 50 [1] [2]
(feet)
1. This district will be applied in the Hillsborough Economic
Development District.? _#
Rear Se�back mi x
14 w is
.. 40
(feet)
2. This district shall only be applied where water and sewer are
[�
available at the site or are to be made available to the site as part of "g' g
the development approval process.
Height, max. (feet) 60 [3]
DIMENSIONAL STANDARDS NOTES:
1 Required side and rear setbacks adjacent to residentially zoned_„
land shall be equal to the required side or rear setback of the
adjacent residential district.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable force
x ,
ROM
Required Open Space
Ratio min.
.55
t�'M biniq
Rahb, ttrih'
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non - residential, CU = conditional use.
Gross Land Area,
min. /max.
s uare feet
none
Required
petles#�fritL�i%lap
t�
EDH-2 DISTRICT SPECIFIC DEVELOPMENT .. -.
1. Uses shall be restricted to those indicated for the EDH -2 District in Section 5 2 unless a Conditional Use (CL
54 This is a necessary addition if the ratios are added as shown.
55 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
Orange County, North Carolina — Unified Development Ordinance Page 3 -54
Article 3: Base Zoning Districts 323
Section 3.7: Economic Development Districts
2.
3.
4.
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD -CZ (see Section 3.8).
The impervious surface limit in this district is 50 %. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
5.
least 40,000 square feet.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non- residential zoning lot."6
6.
7.
8.
Residential uses are not permitted in this district.
A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved
through a Special Use Permit, Class A process regardless of use.
All zoning lots greater than 2.0 acres shall only be approved through a Special Use Permit, Class A process
9.
regardless of use.
Any nonresidential use within two hundred feet of a residential subdivision shall require a Special Use Permit, Class
10.
A.
Direct driveway access to an arterial or major collector shall be prohibited. A frontage or service road shall be
dedicated and constructed to provide access along all arterials or major collectors.
11.
12.
13.
14.
No drive through facilities may be constructed in this district.
A justification for any deviation to development standards must state a public benefit or purpose.
All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
15.
private road standards.
Proposed subdivisions shall follow the procedures outlined in Section 2.16.
. .
Class A SpeGial Use Permit and Site PIaR, GORditieRal Use (GU)
and the let is gFeateF thaR tW . a
iR uses shall be GGntained within a siRgle pFinGipa4
17.
On paFGe!6 less than twe aGFe6 6iZe, FAUltiple nei; FesideRtial
18.
See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.57
56 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to 45 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non- residential principal use or
principal structure instead of having two separate Development Standards ( #16 and #17) in this chart.
57 Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the
specific standards for Class A SUPS within the Hillsborough EDD.
Orange County, North Carolina — Unified Development Ordinance Page 3 -55
324 Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
I
Lot size, min. /max., I 2 / 5 [1]
(acres)
The purpose of the Economic Development Hillsborough Limited Front Setback,from
Office with Residential (EDH -3) District is to provide locations for low ROW, min. (feet) 50
intensity office uses and supporting services in the designated
Hillsborough Economic Development District. The district may
contain low to moderate density residential uses (1 -8 units per acre).
{
APPLICABILITY Side Settiadr, mm (feet] 20 2
This district will usually be applied where the following conditions
exist: Corner Setback, min.
1. This district will be applied in the Hillsborough Economic
(feet) 50 [2] [3]
Development District.
2. This district shall only be applied where water and sewer are Rear Setback, mitt (feet) 21
"
available at the site or are to be made available to the site as part of '
the development approval process. EXCEPTION: Single- family lots
located south of 1 -40 may use ground absorption septic systems on R [4] 35 [5] [6]
minimum size lots of 40,000 square feet provided at least 33% of the Height, max. (feet)
tract is preserved as open space. NR 60 [5]
DIMENSIONAL STANDARDS NOTES:
bi! Are fi�a �
{
x
"„
[1] Resultant single - family lot sizes shall be a minimum of 7,500
square feet and a maximum of 14,000 square feet if connected to
Required Open Space
Ratio, min.
50
public sewer.
[2] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
R-U
�
adjacent residential district.
[3] Any comer lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
__•.
however, that this requirement does not reduce the width suitable for
Gross Land Area,
a building on said lot to less than 25 feet. (See graphic in Section
min. /max.
none
6.2.7)•
(square feet)
[4] R = Residential uses; NR = Non - residential uses.
,,
[5] Two feet of additional height shall be allowed for one foot
Required- ,
increase of the required front and side setbacks.
Pedes�an/Landscape
[6] Multi- family structures shall be limited to a two -story maximum.
Ratio. min.
NR -CU
58 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.l(D) for
additional explanation.
Orange County, North Carolina — Unified Development Ordinance Page 3 -56
Article 3: Base Zoning Districts 325
Section 3.7: Economic Development Districts
1. Uses shall be restricted to those indicated for the EDH -3 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD -CZ (see Section 3.8).
3. Parcels existing as of April 17, 2001 containing cumulatively more than 2 acres shall only be developed through a
MPD -CZ process or after obtaining a Special Use Permit, Class A approval.
4. The impervious surface limit in this district is 50 %. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non - residential zoning lot. 59
7. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of
individual dwellings that can be developed on a parcel of property).
8. Single family uses shall adhere to the requirements for Flexible Development Subdivisions in Section 7.13.
9. Duplex and multi - family uses shall be connected to a public water and public sewer system.
10. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved
through a Special Use Permit, Class A process regardless of use.
11. All zoning lots greater than 2.0 acres shall only be approved through a Special Use Permit, Class A process
regardless of use.
12. No drive through facilities may be constructed in this district.
13. A justification for any deviation to development standards must state a public benefit or purpose.
14. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
15. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
16. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
OR PaFGeIS Ie6r. thaR twe aGFes in size, multiple RGA Fesidential uses shall be GeRtained within a GiRgI8 PF;RGipal
19. See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.so
59 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #6 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #17 and #18) in this chart.
60 Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the
specific standards for Class A SUPS within the Hillsborough EDD.
Orange County, North Carolina — Unified Development Ordinance Page 3 -57
3 2 6 Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
LI
Lot size, min., (acres)
The purpose of the Economic Development Hillsborough Office
(EDH -4) District is to provide locations for high intensity office uses Front Setback,from
and supporting services in the designated Hillsborough Economic ROW, min. (feet)
Development District.
The district is intended to be located on large areas and may contain
limited commercial uses within employment centers.
This district will usually be applied where the following conditions Corner Setback, min.
exist: (feet)
1. This district will be applied in the Hillsborough Economic
Development District. pp g Rear Setback) min(f
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of
the development approval process. Height, max. (feet)
DIMENSIONAL STANDARDS NOTES:
[1] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
adjacent residential district.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non - residential, CU = conditional use. 61
Required Open Space
Ratio, min.
4
50
50 [1] [2]
60 [3]
.40
06quired L vatuiity/ S00ce
.min. WOO
Gross Land Area,
min. /max. none
(square feet)
Required NF
Pedestriarkandscape , t�3
Ratio, mina NR-CU
61 This is a necessary addition if the ratios are added as shown.
62 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
Orange County, North Carolina — Unified Development Ordinance Page 3 -58
Article 3: Base Zoning Districts 3 2
Section 3.7: Economic Development Districts
1. Uses shall be restricted to those indicated for the EDH -4 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD -CZ (see Section 3.8).
3. The impervious surface limit in this district is 50 %. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
4. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non - residential zoning lot. s3
6. Residential uses are not permitted in this district.
7. All outparcels within this district shall have internal access to the development.
8. No drive through facilities may be constructed in this district.
9. A justification for any deviation to development standards must state a public benefit or purpose.
10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
private road standards.
12. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
42 NIG MGM than one pFiRraipal stFuGtwFe is permitted by Fight eR aRY RGR Fesidential ZORiRg IGt gFeateF than twe
and the 10t is gFeateF than Vw a Glass A SpeGial Use Permit and Site PlaR, GgRditigRal Use (Gu)
of this FequiFerReRt, an URMaffed_ tA;.A.9ar--6UbjeGt to a yeaF te yeaF eF Gther sheFt term lease, shall
not be GgnsideFeGl an aGld*tioRal use.
15. See Section 5.3.2(C) for standards for uses requiring a_Class A Special Use Permit.sa
63 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #5 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( 913 and #14) in this chart.
4 Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the
specific standards for Class A SUPS within the Hillsborough EDD.
Orange County, North Carolina — Unified Development Ordinance Page 3 -59
Article 3: Base Zoning Districts
328 Section 3.7: Economic Development Districts
I
Lot size, min., (acres) 1 4
The purpose of the Economic Development Hillsborough Office/Flex
(EDH -5) District is to provide locations for a wide range of
assembling, fabricating and light manufacturing activities, and such
ancillary industrial activities as warehousing and distribution in the Front Setback,from 50
designated Hillsborough Economic Development District. ROW, min. (feet)
Some commercial services are also permitted accessory to industrial
development provided all access is provided internally. The district
is established to provide locations for industrial development which
have little or no impact on adioinina Drooerties.
This district will usually be applied where the following conditions Corner Setback, min. 50 [1] [2]
exist: (feet)
1. This district will be applied in the Hillsborough Economic' r �*
m!jn
Ilea Setback, ,
Development District. ,
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of
the development approval process. Height, max. (feet) 40 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Required side and rear setbacks adjacent to residentially zoned
Required Open Space
land shall be equal to the required side or rear setback of the
Ratio, min.
.40
adjacent residential district.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
Rda1ky� r
v„
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
.3 .
6.2.7).
[3] Two feet of additional height shall be allowed for one foot
Gross Land Area,
increase of the required front and side setbacks.
min. /max.
none
[4] R = residential, NR = non - residential, CU = conditional use.ss
(square feet)
Requrred NR
PedestrianlLandscape . NR -CU 06
Ratio, milt.
65 This is a necessary addition if the ratios are added as shown.
66 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the
EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D) for
additional explanation.
Orange County, North Carolina — Unified Development Ordinance Page 3 -60
Article 3: Base Zoning Districts 329
Section 3.7: Economic Development Districts
67 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #5 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #12 and #13) in this chart.
66 Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the
specific standards for Class A SUPS within the Hillsborough EDD.
Orange County, North Carolina — Unified Development Ordinance Page :3 -61
DEVELOPMENT EDH-5 DISTRICT SPECIFIC STANDARDS
1.
Uses shall be restricted to those indicated for the EDH -5 District in Section 5.2, unless a Conditional Use (CU) or
MPD -CZ District is approved (see Section 3.8). Additionally, non - residential uses are restricted based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2.
Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD -CZ (see Section 3.8).
3.
The impervious surface limit in this district is 50 %. Other requirements for impervious surface are located in
4.
Sections 4.2.5 and 4.2.6.
For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
5.
least 40,000 square feet.
Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than
one principal use or principal structure is proposed on a non - residential zoning lot.67
6.
7.
8.
9.
10.
Residential uses are not permitted in this district.
No drive through facilities may be constructed in this district.
A justification for any deviation to development standards must state a public benefit or purpose.
All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the
Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for
11.
private road standards.
Proposed subdivisions shall follow the procedures outlined in Section 2.16.
NIG tha4A MFUGtWe is by Fight 9R aRy non residential zening let greateF than two arres in
rAQ-.rA- GAP- PFiAGipaI PeFMitt9d
On less in u6ees shall hbe r.entained withiR a single PFiRGipa4
PaFGels than two aGres size, multiple naR residential
14.
be GGPsideFed an additiGRaI use-.
See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.66
67 Changes to Sections 6.2.5 and 6.2.6 are proposed (see relevant portion of this amendment package). Since the
proposed changes involve an additional exception, staff is suggesting that language be added to #5 to direct users to
the appropriate Section of the UDO if the users' project involves more than one non - residential principal use or
principal structure instead of having two separate Development Standards ( #12 and #13) in this chart.
66 Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the
specific standards for Class A SUPS within the Hillsborough EDD.
Orange County, North Carolina — Unified Development Ordinance Page :3 -61
330
Article 4: Overlay Zoning Districts
Section 42 Watershed Protection
4.2.5 Impervious Surface and Detention Pond Requirements for Residential Uses
69 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located. Staff is suggesting that the higher impervious surface limits
apply only to higher - density residential because, at this time, single- family residential is potentially allowed in the
Buckhorn EDD (located in the Upper Eno PW); however, staff does not believe that 70% impervious surface is
desirable for lower density residential uses. Additionally, limiting residential uses in the Buckhom EDD to only
higher density residential on a limited basis is an anticipated work item in 2012.
70 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located. Staff is suggesting that the higher impervious surface limits
apply only to higher - density residential because, at this time, single- family residential is potentially allowed in the
Eno EDD (located in the Lower Eno PW); however, staff does not believe that 70% impervious surface is desirable
for lower density residential uses. Additionally, limiting residential uses in the Eno EDD to only higher density
residential on a limited basis is an anticipated work item in 2012.
orange county, North Carolina — Unified Development Ordinance Page 4 -6
IMPERVIOUS • • . REQUIREMENTS (RESIDENTIAL)
DISTRICT
IMPERVIOUS . • POND REQUIREMENTS
6% impervious surface limit.
UNIV -CA
EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface
UNIV -PW
limits as provided in the following Table (entitled Sliding Scale for Residential Impervious
Surface Ratios — Univ, Cane, and Little).
[11 BMPs cannot be used to satisfy watershed impervious surface requirements.
6% impervious surface limit.
CANE -CA
EXCEPT for lots smaller than two acres which existed prior to 1/1/94, which are subject to
CANE -PW
impervious surface limits as provided in the following Table (entitled Sliding Scale for
Residential Impervious Surface Ratios — Univ, Cane, and Little).
* BMPs cannot be used to satisfy watershed impervious surface requirements.
6% impervious surface limit.
EXCEPT for lots smaller than five acres which existed prior to 6/1/2010, which are subject to
U- ENO -CA
impervious surface limits as provided in the following Table (entitled Sliding Scale for
Residential Impervious Surface Ratios — Upper Eno).
* BMPs cannot be used to satisfy watershed impervious surface requirements.
6% impervious surface limit.
EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits
LITTLE -PW
as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface
Ratios - Univ, Cane, and Little).
* BMPs cannot be used to satisfy watershed impervious surface requirements.
FLAT -PW
12% impervious surface limit for new and existing lots.
HYCO -PW
* BMPs cannot be used to satisfy watershed impervious surface requirements.
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan.
[1] BMPs cannot be used to satisfy watershed impervious surface requirements.
30% impervious surface limit for developments which exceed a density 1 du /acre within
U- ENO -PW
Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are
BACK -PW
required if impervious surface exceeds 12 %.
70% impervious surface limit for residential uses developed at "high intensity" densities (R-
5, R -8, and R -13) in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high- density option) with structural BMPs if ISR >
12 %.ss
24% impervious surface limit with curb and gutter.
36% impervious surface limit without curb and gutter.
[1] BMPs cannot be used to satisfy watershed impervious surface requirements.
70% impervious surface limit for residential uses developed at "high intensity" densities (R-
L- ENO -PW
5, R -8, and R -13) in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high- density option), with structural BMPs required
when impervious surface exceeds:
24% (w/ curb and gutter); or
36% w/o curb and utter .70
HAW -PW
24% impervious surface limit.
69 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located. Staff is suggesting that the higher impervious surface limits
apply only to higher - density residential because, at this time, single- family residential is potentially allowed in the
Buckhorn EDD (located in the Upper Eno PW); however, staff does not believe that 70% impervious surface is
desirable for lower density residential uses. Additionally, limiting residential uses in the Buckhom EDD to only
higher density residential on a limited basis is an anticipated work item in 2012.
70 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located. Staff is suggesting that the higher impervious surface limits
apply only to higher - density residential because, at this time, single- family residential is potentially allowed in the
Eno EDD (located in the Lower Eno PW); however, staff does not believe that 70% impervious surface is desirable
for lower density residential uses. Additionally, limiting residential uses in the Eno EDD to only higher density
residential on a limited basis is an anticipated work item in 2012.
orange county, North Carolina — Unified Development Ordinance Page 4 -6
Article 4: Overlay Zoning Districts 331
Section 4.2: Watershed Protection
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds."
't Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located.
Orange County, North Carolina - Unified Development Ordinance Page 4 -7
TABLES 4.2.5.2
& 4.2.5.3:
SLIDING SCALE
FOR RESIDENTIAL
IMPERVIOUS
RATIOS
UNIV, CANE, LITTLE,
AND UPPER
•
LOT SIZE (ACRES)
ISR
SQUARE FEET
LOT
SIZE (ACRES)
ISR
SQUARE FEET
Cells in black DO NOT apply to the Upper Eno
3.1
9.8
13,234
6.0
5.0
13,068
3.0
10.0
13,068
5.9
5.1
13,107
2.9
10.2
12,885
2.8
10.4
12,685
5.7
5.3
13,159
°i '
2.7
10.6
12,467
5.6
5.4
13,172
x` ,' , `-
2.6
10.8
12,232
2.5
11.0
11,979
2.4
11.2
11,709
53
5.7
13,159
,�� `�
2.3
11.4
11,421
2.2
11.6
11,116
2.1
11.8
10,794
5.0
6.0
13,068
2.0
12.0
10,454
4.9
6.2
13,234
1.9
12.2
10,097
4.8
6.4
13,381
1.8
12.4
9,723
4.7
6.6
13,512
1.7
12.6
9,331
4.6
6.8
13,625
1.6
12.8
8,921
4.5
7.0
13,721
1.5
13.0
8,494
4.4
7.2
13,880
1.4
13.2
8,050
4.3
7.4
13,861
1.3
13.4
7,588
4.2
7.6
13,904
1.2
13.6
7,109
4.1
7.8
13,930
1.1
13.8
6,612
4.0
8.0
13,939
1.0
14.0
6,098
3.9
8.2
13,930
0.9
14.2
5,567
3.8
8.4
13,904
0.8
14.4
5,018
3.7
8.6
13,861
0.7
14.6
4,452
3.6
8.8
13,800
0.6
14.8
3,868
3.5
9.0
13,721
0.5
15.0
3,267
3.4
9.2
13,625
0.4
15.2
2,648
3.3
9.4
13,512
0.3
15.4
2,012
't Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located.
Orange County, North Carolina - Unified Development Ordinance Page 4 -7
332
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
4.2.6 Impervious Surface, Detention Pond, and Lot Size Requirements for Non - Residential Uses
Unless otherwise noted in the Table below, minimum lot sizes shall be in conformance with the
underlying zoning district.
72 This is an error that has existed in the regulations since Watershed Protection Overlay Districts were adopted.
Little River Protected Watershed (within Orange County) contains 40,603 acres. 1% if this land area is 406 acres.
Orange County, North Carolina — Unified Development Ordinance
Page 4 -8
TABLE 4.2.6: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON -RESIDENTIAL)
UNIV -CA
UNIV -PW Same as Residential (See Table in subsection 4.2.5)
5 -acre minimum lot size, with potential of up to five lots as small as two acres for lots of record October 19, 1999;
CANE -CA
AND
6% impervious surface limit.
[11 BMPs cannot be used to satisfy watershed impervious surface requirements.
U- ENO -CA
2 -acre minimum lot size AND
6% impervious surface limit.
5 -acre minimum lot size with potential of up to five lots as small as two acres for lots of record October 19, 1999
(Amended 10- 19 -99); AND
50% ISR for all fire stations and solid waste collection centers; AND
CANE -PW
12% ISR for all other non - residential uses; AND
on -site infiltration of the first inch of stormwater runoff, AND
a limit of 1.0% of the watershed for non - residential use (139 acres in CANE -PW).
[11 BMPs cannot be used to satisfy watershed impervious surface requirements.
2 -acre minimum lot size AND
50% ISR for all fire stations and solid waste collection centers; AND
LITTLE -PW
12% ISR for all other non - residential uses; AND
on -site infiltration of the first inch of stormwater runoff; AND
a limit of 1.0% of the watershed for non - residential use (1 39 aGre., in GAME P 406 acres in LITTLE- PW) .72
1 BMPs cannot be used to satisfy watershed impervious surface requirements.
72 This is an error that has existed in the regulations since Watershed Protection Overlay Districts were adopted.
Little River Protected Watershed (within Orange County) contains 40,603 acres. 1% if this land area is 406 acres.
Orange County, North Carolina — Unified Development Ordinance
Page 4 -8
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection 333
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
— Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds.76
73 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located.
74 The Commercial- Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial - Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
75 Staff is recommending that the UDO explicitly state how the impervious surface acreage limitations are calculated
in order to avoid confusion. The stated method (using actual impervious surface calculations) is how staff tracks the
acreage limits. For example, there has been confusion in the past over whether a non - residential use on a
hypothetical 37 -acre parcel in the HYCO -PW would be encumber all of the impervious surface limit of 37 acres.
Staff's interpretation and administration has always been that the limit pertains to actual impervious surface, not
parcel size. This suggested amendment makes the calculation method clear.
76 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located.
Orange County, North Carolina — Unified Development Ordinance Page 4 -9
IMPERVIOUS TABLE 4.2.6: • • . REQUIREMENTS
IMPERVIOUS DISTRICT • POND REQUIREMENTS •
70%
ISR in Economic Development73, Commercial, and /or Commercial - Industrial Nodes as
designated in the Land Use Element of the Comprehensive Plan (high - density option) with structural BMPs if ISR
> 12 %; AND
50% ISR for all fire stations and solid waste collection centers outside of Commercial and /or Commercial -
Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with
ENO-PW structural BMPs if ISR > 12 %; AND
B ACK -PW
12% ISR for all other non - residential uses outside of Commercial and /or Commercial- Industrial74 and/er IFIdustr+al
Nodes as designated in the Land Use Element of the Comprehensive Plan (* BMPs cannot be used to satisfy
watershed impervious surface requirements); AND
on -site infiltration of the first inch of stormwater runoff, AND
A limit of 1,151 acres of non - residential use throughout U- ENO -PW (5.0 %) and 163 acres throughout BACK -PW
0%).
50% ISR for all fire stations and solid waste collection centers; AND
12% ISR for all other non - residential uses; AND
HYCO -PW
on -site infiltration of the first inch of stormwater runoff;AND
FLAT -PW
limit of 1 % of the watershed for non - residential use (37 acres in HYCO -PW, 66 acres in FLAT -PW).
[11 BMPs cannot be used to satisfy watershed impervious surface requirements.
70% impervious surface, with structural BMPs required when impervious surface exceeds:
L- ENO -PW
24% (w/ curb and gutter); or
36% w/o curb and gutter).
HAW-PW
24% impervious surface limit.
[1] BMPs cannot be used to satisfy watershed impervious surface requirements.
PW
[1] BMP's as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are allowed.
NOTE: Non - residential use impervious surface acreage limits in watersheds with such limits are calculated using the actual
amount impervious surface for non - residential uses throughout the watershed, not by the overall number of acres of a non-
residential parcels located in a particular watershed . 75
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
— Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds.76
73 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located.
74 The Commercial- Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix
contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is
not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's
or 1990's when the Comprehensive Plan was changed to include a combined Commercial - Industrial Activity Node
category on the Land Use Element Map and on the matrix, but other necessary updates were not made. Staff
considers this to be a "clean -up" or "housekeeping" amendment to reflect intent and interpretation which will
provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a
separate item to fix these inconsistencies.
75 Staff is recommending that the UDO explicitly state how the impervious surface acreage limitations are calculated
in order to avoid confusion. The stated method (using actual impervious surface calculations) is how staff tracks the
acreage limits. For example, there has been confusion in the past over whether a non - residential use on a
hypothetical 37 -acre parcel in the HYCO -PW would be encumber all of the impervious surface limit of 37 acres.
Staff's interpretation and administration has always been that the limit pertains to actual impervious surface, not
parcel size. This suggested amendment makes the calculation method clear.
76 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO
where other impervious surface regulations are located.
Orange County, North Carolina — Unified Development Ordinance Page 4 -9
334
ARTICLE 6: DEVELOPMENT STANDARDS
[SECTION 6.1: GENERAL STANDARDS
6.1.1 Establishment of Dimensional Requirements
The required minimum lot size, minimum lot width, required front, side and rear setbacks,
maximum building height and maximum lot coverage and permitted intensity of development for
each of the general districts shall be as shown in this Article and Article 3 of this Ordinance.
6.1.2 Town of Chapel Hill Land Development Standards
The regulations governing minimum lot size, minimum lot width, required yard setbacks,
maximum building height and other dimensional requirements controlling the permitted intensity
of development 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.
6.1.3 Town of Carrboro Land Development Standards
The regulations governing minimum lot size, minimum lot width, required yard setbacks,
maximum building height and other dimensional requirements controlling the permitted intensity
of development 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.
SECTION 6.2: LOT & BUILDING STANDARDS
6.2.1 Regulations Encumbering Land Required to Satisfy Regulations
No portion of a lot, used in connection with an existing or proposed building, structure or use, and
necessary for compliance with the dimensional regulations of this Ordinance shall, through sale
or otherwise, be used again as part of the lot required in connection with any other building,
structure or use.
6.2.2 Modifications of Dimensional Requirements
Except as provided in this Ordinance, all structures shall conform to the dimensional
requirements established in Article 3 of this Ordinance.
(A) Height Limitations
(1) Within any zoning district the height of a building may exceed the maximum
building height established in Article 3 provided that one foot additional front,
rear, and side setbacks are provided for every two feet of additional height.
Regardless of additional setbacks provided, in no case shall a building's height
exceed 75 -feet unless modified as per (2) below.'?
" Staff is suggesting this language in order to establish a maximum height cap. Currently, the height of a building is
potentially "unlimited" if enough additional setback is provided and other ratios can be met (please note that it is and
has been the application of all the development ratios in all zoning districts that work together to create to "form" of
overall development on a parcel).
grange county, North Carolina — Unified Development Ordinance Page 6 -1
Article 6: Development Standards
Section 6.2: Lot & Building Standards 335
(2) The height limits of this Ordinance may be modified upon appeal to the Board of
Adjustment in accordance with Section 2.10 of this Ordinance. The Board, when
approving an application for modification of the height limitation, may affix to that
approval reasonable conditions to protect the public health, safety and general
welfare.
(B) Flexible Developments
(1) Minimum lot area, lot width, and setback requirements as specified in Article 3 of
this Ordinance may be reduced for lots created as part of a Flexible Development
subdivision as provided in Section 7.13 of this Ordinance.
(C) Flag Lots
(1) Flag lots as defined in Article 10 are accommodated for as provided in Section
7.7 of this Ordinance.
6.2.3 Cluste
(A) UNIV -CA & UNIV — PW Watershed Protection Overlay Districts
(1) Clustering of residential lots is permitted in accordance with Section 7.12 of this
Ordinance.
(2) Each lot shall contain a minimum of one acre.
(B) All Other Overlay Districts
Clustering of residential lots is permitted in accordance with Section 7.13 of this
Ordinance.
6.2.4 Irregular Lots
Any irregular lot of record at the time these regulations became effective may be subdivided in
compliance with applicable subdivision regulations and improvement requirements, to create
additional regular lots, provided that such lots meet all requirements of the district and that no
residual substandard lots remain as a result of such action.
6.2.5 Principal Uses
There shall be no more than one principal use on any zoning lot except where:
(A) Permitted as a CU District or CZ District; or
(B) The parcel is located within an Economic Development District, Commercial Transition
Activity Node, Commercial - Industrial Transition Activity Node, or Rural Neighborhood
Activity Node, or Rural Community Activity Node, as designated by the Comprehensive
Plan; or 78
78 The existing requirement of not permitting more than one principal use on a lot unless a Conditional Use or
Conditional Zoning District is approved is one of the major impediments to promoting economic development in
Orange County. Prior to the adoption of the UDO in April 2011 which added the MPD -CZ district and removed the
requirement for a Class A Special Use Permit (SUP) for MPD -CZ projects only, any large project was required to
obtain a Class A SUP. From a project proponent's perspective, the process components and uncertainty this injected
into the approval process is onerous. Staff is suggesting that in the designated non - residential growth areas of the
County (the land use categories listed), more than one principal use be permitted without requiring a CUD or CZD
just because more than one principal use is proposed. (Note that there may be other instances where projects would
still require a CUD or CZD, it just would not be for the reason of having more than one principal use). All other
applicable standards in the UDO would still apply. It should also be noted that, at the present tune, most lands
within these designated non - residential growth areas would require a rezoning application. Additionally, all non-
residential projects are required to submit a site plan for staff review and approval in order to receive a Zoning
Compliance permit (see Section 2.4). It should also be noted that if "Industrial Activity Node" is not deleted as a
land use category from the Comprehensive Plan (see related amendment), the tern needs to be added here.
Orange County, North Carolina — Unified Development Ordinance Page 6 -2
336 Article 6: Development Standards
Section 6.2: Lot & Building Standards
(C) The parcel is less than 2 acres in size, and non - residential multiple uses are proposed
within a single principal structure; or
(D) One of the uses is an unstaffed telecommunications tower subject to a year -to -year or
other short term lease
6.2.6 Principal Structures
(A) Residential
(1) There shall be no more than one principal structure permitted on any residential
zoning lot, with the exception of the following:
(a) Multi- family developments which have received approval as a CU District
or CZ District, or
(b) Temporary use of mobile homes for custodial care approved in
accordance with the provisions of Section 5.4.4(b), or 9
(c) During the installation or construction of a permanent unit on the same
lot, as provided in Section 5.4.4 of this Ordinance, or
(d) Duplexes, on lots that have twice the required lot area of the zoning
district.
(B) Non - Residential
(1) There shall be no more than one principal structure permitted by right on any
non - residential zoning lot greater than two acres in size, unless:
(a) permitted as a CU District or CZ District. -, or
(b) the zoning lot is located within an Economic Development District,
Commercial Transition Activity Node, Commercial - Industrial Transition
Activity Node, Rural Neighborhood Activity Node, or Rural Community
Activity Node, as designated by the Comprehensive Plan.80
6.2.7 Corner Lot Setback on the Side Street
Any corner lot of record in a residential zoning district abutting a side street shall meet the
minimum required setbacks of the zoning district in which it is located; provided, however, that
this requirement does not reduce the width of area suitable for building to less than 25 feet.
79 Staff is suggesting this addition so that users will be aware that there are additional standards with which they
must comply.
80 The existing requirement of not permitting more than one principal structure on a lot unless a Conditional Use or
Conditional Zoning District is approved is one of the major impediments to promoting economic development in
Orange County. Prior to the adoption of the UDO in April 2011 which added the MPD -CZ district and removed the
requirement for a Class A Special Use Permit (SUP) for MPD -CZ projects only, any large project was required to
obtain a Class A SUP. From a project proponent's perspective, the process components and uncertainty this injected
into the approval process is onerous. Staff is suggesting that in the designated non - residential growth areas of the
County (the land use categories listed), more than one principal structure be pennitted without requiring a CUD or
CZD just because more than one principal structure is proposed. (Note that there may be other instances where
projects would still require a CUD or CZD, it just would not be for the reason of having more than one principal
use). All other applicable standards in the UDO would still apply. It should also be noted that, at the present time,
most lands within these designated non - residential growth areas would require a rezoning application. Additionally,
all non- residential projects are required to submit a site plan for staff review and approval in order to receive a
Zoning Compliance permit (see Section 2.4). It should also be noted that if "Industrial Activity Node" is not deleted
as a land use category from the Comprehensive Plan (see related amendment), the tern needs to be added here.
Orange County, North Carolina — Unified Development Ordinance Page 6 -3
Article 6: Development Standards 337
Section 6.3: Land Use Intensity Measures
(1) Outer Courtyards
(a) For outer courtyards bound on three sides by building walls or potential
walls, the width shall not be less than the sum of the required yard
distances measured from opposing walls.
(b) Where depth of a courtyard is less than half the width, the minimum
width required shall be reduced 25 %.
(c) Depth of a courtyard shall not be greater than one and one -half times
width.
(d) Where walls are not parallel to property or building site lines, the nearest
portion to such lines shall be at least the required minimum distance
therefrom.
(2) Inner Courtyards
(a) Inner courtyards formed on four sides by building walls or potential
building walls shall have a minimum dimension equal to the sum of the
required yards but not less than ten feet and area shall not be less than
150 square feet for two stories or more.
(b) Except in cases of inner courtyards, atriums, or enclosed patios for
single dwelling units, an unobstructed passageway shall be provided at
the lowest level of each inner courtyard with a cross - section not less than
four feet wide by seven feet high. Such passageway shall be continuous
from the inner courtyard to unobstructed open space adjacent to the
building, and shall be so aligned as to facilitate passage of non - vehicular
fire fighting equipment including ladders.
(c) Inner courtyard design shall permit use of fire ladders.
SECTION 6.3: LAND USE INTENSITY MEASURES
6.3.1 Applicability
(A) In accordance with Article 3 of this Ordinance, the standards established in this Section
shall be applicable to those districts and uses subject to the Land Use Intensity system.
(B) For residential zoning districts and residential uses, except where application to other
uses is specifically indicated, floor area, open space, livability space, and recreation
space ratios shall be applied only to such land area, floor area, open space, and related
elements as are incidental to and compatible with residential uses.
(C) For non - residential zoning districts and non - residential uses, except where application to
other uses is specifically indicated, floor area, open space and pedestrian /landscaped
space ratios shall be applied only to such land area, floor area, open space and
pedestrian /landscape use and accessory uses incidental to and compatible with non-
residential uses.
(D)
Use Intensity 11 Aeasums shall apply-
0) Impervious SurfaGe Ratie ([W
(2) Building Volume Ratie (BVR)
(3) I anrlsnane Volume Rabe /1 \/R\
81 Staff is suggesting that the same types of Land Use Intensity Measures that apply in other zoning districts be used
in the EDDs. The ISR requirements is redundant with Sections 4.2.5 and 4.2.6, which were adopted after the
Economic Development Design manual (now repealed and part of the UDO adoption process) was adopted. The
Orange County, North Carolina — Unified Development Ordinance Page 6 -8
338 Article 6: Development Standards
Section 6.3: Land Use Intensity Measures
6.3.2 Floor Area
(A) Residential
(1) The maximum residential floor area shall not exceed the number of square feet
derived by multiplying gross residential land area by the floor area ratio (FAR)
applying to that district, as established in Article 3 of this Ordinance.
(B) Non - Residential
(1) The maximum floor area shall not exceed the number of square feet derived by
multiplying gross land area by the floor area ratio (FAR) applying to that zoning
district, as established in Article 3 of this Ordinance.
6.3.3 Open Space
(A) Residential
(1) The minimum open space required shall not be less than the number of square
feet derived by multiplying gross residential land area by the open space ratio
(OSR) applying to the zoning district, as established in Article 3 of this
Ordinance.
(B) Non - Residential
(1) The minimum open space shall not be less than the number of square feet
derived by multiplying gross land area by the open space ratio (OSR) applying to
that zoning district, as established in Article 3 of this Ordinance.
6.3.4 Livability Space
(A) The minimum livability space required shall not be less than the number of square feet
derived by multiplying gross residential land area by the livability space ratio (LSR)
applying to the zoning district, as established in Article 3 of this Ordinance.
6.3.5 Recreation Space
(A) The minimum recreation space required shall not be less than the number of square feet
derived by multiplying gross residential land area by the recreation space ratio (RSR)
applying to the zoning district, as established in Article 3 of this Ordinance.
6.3.6 Pedestrian / Landscape Space
(A) The minimum pedestrian / landscape space shall not be less than the number of square
feet derived by multiplying gross land area by the pedestrian /landscape ratio (PLR)
applying to that zoning district, as established in Article 3 of this Ordinance.
6.3.7 Impervious SuFfaGe Ratio 82
(A) in Genera-1
BVR, LVR, and SVR ratios are not widely used in this country and the calculations are somewhat cumbersome and
do not add any value over using the more common rations of Floor Area Ratio (FAR), Open Space Ratio (OSR) and
Pedestrian/Landscape Ratio coupled with landscaping requirements, impervious surface limits, stream buffer
requirements, and other development standards contained in this UDO.
82 This Section is redundant with Sections 4.2.5 and 4.2.6 where impervious surface requirements are listed for non -
EDD lands. Staff has modified Tables 4.2.5.1 and 4.2.6 as necessary to include the ISR limits as they pertain to the
EDDs.
Orange County, North Carolina — Unified Development Ordinance Page 6 -9
Article 6: Development Standards 33 9
Section 6.3: Land Use Intensity Measures
WE we . ...... —ML
- -
• - ■ - - - 0=0 - -
6.3.8 • as
(A) in GeR8FQi
low so I
83 See Footnote pertaining to Section 6.3.1(D) for explanation. See Zoning District Charts in Article 3 for suggested
Floor Area Ratios, Open Space Ratios, and Pedestrian/Landscape Ratios for Economic Development Districts.
Orange County, North Carolina — Unified Development Ordinance Page 6 -10
3 4 0 Article 6: Development Standards
Section 6.3: Land Use Intensity Measures
11rrr_v
grange County, North Carolina — Unified Development Ordinance Page 6 -11
Article 6: Development Standards 34
Section 6.3: Land Use Intensity Measures
Gaunt t e number of leading spaces shown OR the site and- The Fesult is
.
the of the site GGGIApied by leading Snares aFea
Orange County, Forth Carolina — Unified Development Ordinance Page 6 -12
342
Article 6: Development Standards
Section 6.4: Performance Standards
(C) Minimum ReqU'Fed Rite Volume Ratins
SECTION 6.4: PERFORMANCE STANDARDS
6.4.1 Applicability
(A) After the effective date of this Ordinance, any use established or changed to, and any
building structure, or land developed, constructed or used for, any permitted principal
use, special use, or conditional use, shall comply with all of the performance standards
herein set forth for the district involved.
(B) The performance standards contained herein shall apply in commercial, industrial,
economic development, and conditional districts.
(C) If any existing use or building or other structure is extended, enlarged, or reconstructed,
the performance standards for the district involved shall apply with respect to such
Orange County, North Carolina— Unified Development Ordinance Page 6 -13
Article 6: Development Standards 343
Section 6.4: Performance Standards
(5) Noise levels for the extraction of earth products and landfills shall be as set forth
in Sections 5.11 and 5.12.
(B) Commercial, Industrial, and Conditional Zoning Districts
(1) Within the LC -1, O -I, El, or 1 -1 district, no permitted Principal Use, Special Use or
Accessory Use shall generate noise that tends to have an annoying or disruptive
effect upon uses located outside the immediate space occupied by that use.
(2) The following table establishes the maximum permissible noise levels for
permitted uses, special uses, conditional uses and accessory uses in the NC -2,
CC -3, GC-4, EC -5, AS, 1-2,1-3, and CZ districts:
(C) Economic Development Zoning Districts
(1) Maximum Permitted Sound Levels
84 The additional language is suggested in order to ensure that a parcel zoned as a Conditional District or one of the
"Other" Districts is properly protected if a neighboring parcel is developed.
85 Using the word "category" here is unnecessary and potentially confusing since the limits refer to a specific use
(i.e., the use generating the noise) and not a category of uses. Staff is also suggesting an increase in the noise level
limits which are currently quite low (see comparative examples of decibel levels in other information included with
this amendment package). Note that the existing levels in the "Industrial" row appear to be in error since the
nighttime levels are actually higher than the daytime levels.
86 Using the word "type" instead of "category" is suggested because in the EDDs, the Land Use category depicted in
the Land Use Element of the Comprehensive Plan is "Economic Development ", which is not even addressed on this
chart. Staff believes the intent of the regulation was to apply the noise limits within the EDD as well as to parcels
located near the EDDs. Staff is also suggesting an increase in the noise level limits which are currently quite low
(see comparative examples of decibel levels in other information included with this amendment package). Note that
the existing levels in the "Commercial' and "Industrial" rows appear to be in error since the nighttime levels are
actually higher than the daytime levels.
Orange County, North Carolina — Unified Development Ordinance Page 6 -15
COMMERCIAL, TABLE 6.4.3.13:
.
•
PERMITTED MAXIMUM
SOUND
ZONING OF ADJACENT
.: FOR
DEVELOPMENT
NC -2, 1 -2 [11
45-50
1 58 60
50
58 60
Residential CC -3, GC -4, EC -5,
1 -3, AS, CZ Districts 2
NC-2,1-2 1
59 60
55 65
55 65
6070
Commercial CC -3, GC -4, EC -5,
1 -3, AS, CZ Districts 2
NC-2,1-2 [11
65
6070
70
65 75
Industrial CC -3, GC -4, EC -5,
1 -3, AS, CZ Districts 2
NOTES:
[1] Measurements shall be taken at the boundary line of the zoning lot.
[21 Measurements shall be taken at the boundary line of the zoning
district.
(C) Economic Development Zoning Districts
(1) Maximum Permitted Sound Levels
84 The additional language is suggested in order to ensure that a parcel zoned as a Conditional District or one of the
"Other" Districts is properly protected if a neighboring parcel is developed.
85 Using the word "category" here is unnecessary and potentially confusing since the limits refer to a specific use
(i.e., the use generating the noise) and not a category of uses. Staff is also suggesting an increase in the noise level
limits which are currently quite low (see comparative examples of decibel levels in other information included with
this amendment package). Note that the existing levels in the "Industrial" row appear to be in error since the
nighttime levels are actually higher than the daytime levels.
86 Using the word "type" instead of "category" is suggested because in the EDDs, the Land Use category depicted in
the Land Use Element of the Comprehensive Plan is "Economic Development ", which is not even addressed on this
chart. Staff believes the intent of the regulation was to apply the noise limits within the EDD as well as to parcels
located near the EDDs. Staff is also suggesting an increase in the noise level limits which are currently quite low
(see comparative examples of decibel levels in other information included with this amendment package). Note that
the existing levels in the "Commercial' and "Industrial" rows appear to be in error since the nighttime levels are
actually higher than the daytime levels.
Orange County, North Carolina — Unified Development Ordinance Page 6 -15
344
Article 6: Development Standards
Section 6.4: Performance Standards
(2) Mitigation
(a) Where proposed land development does not meet the maximum
permitted nose levels because of the nature of or equipment used in the
operation, design features, such as the following, may be included as
part of the site plan and may be utilized to insure that noise levels fall
within the range permitted by these performance standards:
(i) A 100 -foot landscaped buffer at the boundary of the Economic
Development District, may result in 3 -5 decibel reductions in
noise levels.
(ii) The use of existing topographic conditions or modifying the
topography to provide barriers to noise.
(iii) Locating noise - producing equipment and /or activities within a
building or elsewhere on the site.
(b) Design features used to mitigate noise factors must be clearly identified
on the site plan.
(c) Applicants must provide documentation of the source and level of noise,
and the specific manner in which the design feature will reduce the noise
to acceptable levels.
6.4.4 Vibration
(A) General Standards
(1) The instrument used to measure vibrations shall be a three component
measuring system capable of simultaneous measurement of vibration in three
mutually perpendicular directions.
(2) The maximum velocity shall be the sum of the three components.
(3) The vibration maximums set forth in Tables 6.4.4.13 & 6.4.4.0 are stated in terms
of particle velocity, which may be measured directly with suitable instrumentation
or computed on the basis of displacement frequency. When computed, the
following formula shall be used:
(4) The values stated in Tables 6.4.4.B & 6.4.4.0 may be multiplied by 2 for impact
vibrations.
87 Staff is suggesting that "schools" be added as a Receiving Land Use Type since a school now exists within the
boundary of one EDD and protecting the school from high noise levels from adjoining properties is desirable.
Orange County, North Carolina — Unified Development Ordinance
Page 6 -16
Article 6: Development Standards
Section 6.4: Performance Standards 345
6.4.5 Air Pollution
(A) General Standards
(1) Any Permitted Principal Use, Special Use, Accessory Use, or Conditional Use
that emits any "air contaminant', as defined in G.S. 143 -213, shall comply with
applicable State of North Carolina standards concerning air pollution, as set forth
in Article 21 B of Chapter 143 of the North Carolina General Statutes.
(2) No zoning compliance permit or building permit shall be issued with respect to
any development covered by Subsection (1) until the State Division of
Environmental Management has certified to the Planning Director that the
appropriate State permits have been received by the applicant (as provided in
G.S. 143 - 215.108) or that the applicant will be eligible to receive such permits
and that the development is otherwise in compliance with applicable air pollution
control regulations.
(B) C- G_.pmin Deyelepmnnt Zoning Distr-in #s 88
(2) E°hsite plaR must be aGGGm�panied by t��
GCD 1 1 1 4i IiGT
(a) A w 'tten rl + -at' p from the Staff Gf the Cpl rGnmental 11 aR agemen+
�rissro that a .'.. .,
r Ml fir Permit iv nt r G4 J Guired;
(b) If - air alit permit is required, a Gnmplete GGpar Gf the n
t
Lit NGR t-aF t 'al GGrRbustinn eRgiRes and_ye Fatales
water x-.
l{{��
Ma;nteRaRGe Gr repair Of eXistiRg eq (ipMent that rl e nGt rn It ip aR
T17� a -a r
r GSe iI.A. the e, i6Ginn Gf -air Gill ltan +s
aiF YES'
viGes to pf4ave -PA
plants form freezing
88 Staff is suggesting deletion of this subsection because not only.is it largely redundant with the preceding
subsection (A), it also places additional application requirements on projects proposed in areas designated for non-
residential growth (the Economic Development Districts) with which non - residential projects in other areas of the
County designated for growth (e.g., Commercial - Industrial Activity Nodes) do not need to comply. Additionally, if
any of the activities listed under subsection (13)(3) were to begin to require an N.C. Air Quality Permit, the County's
regulations would be incorrect.
Orange County, North Carolina — Unified Development Ordinance Page 6 -18
346
Article 6: Development Standards
Section 6.4: Performance Standards
- - -
BrUMM
MCM
- -
6.4.6 Disposal of Liquid Wastes
(A) No permitted use in any district shall discharge any waste contrary to the provisions of
N.C.G.S. 130A (Provisions for Sanitary Sewage Disposal).
(B) No Permitted Principal Use, Special Use, Accessory Use, or Conditional Use in any
district shall discharge into the OWASA, Durham or Hillsborough sewage treatment
facilities any waste that cannot be adequately treated by biological means.
6.4.7 Hazardous Materials
(A) General Standards
Each permitted use, special use, accessory use, and conditional use is required to
comply with all applicable federal, state, and local rules and regulations governing the
storage, use, and disposal of hazardous materials.89
(B) Additional Standards in Economic Development Districts
gevem+ngthe storage, use and disposal ef hazardeus F nateFials.
(2) Each site plan must be accompanied by a Hazardous Materials Management
Plan (HMMP) consisting of the following information:
(a) A Materials Safety Data Sheet (MSDS) which lists the specific hazardous
substances that a facility is handling and details its known health
impacts, physical properties, and appropriate protective measures. a
separate MSDS form must be submitted for each hazardous substance
handled.
(b) A Tier Two form which indicates the precise location and quantity of
hazardous materials within a plant or place of business.
89 Currently, this is a standard only within the Economic Development Districts. Although it is required of all uses,
regardless of zoning classification (and outside the purview of a zoning ordinance /UDO), staff is suggesting that it
be explicitly stated so that all UDO users are aware of the standard.
30 Moved to (A) to be a General Standard for all uses subject to Section 6.4 (see Section 6.4.1 for Applicability).
Orange County, North Carolina — Unified Development Ordinance
Page 6 -19
Article 6: Development Standards 347
Section 6.4: Performance Standards
(c) Building and site plans which indicate the precise location and quantity of
hazardous materials.
(3) An Environmental Assessment will be required for any use or facility which
qualifies as a small or large generator of hazardous waste as defined by the N.C.
Department of Environment and Natural Resources.
(4) Any use or facility which is involved in the long -term storage or disposal of
hazardous wastes will be required to submit a full Environmental Impact
Statement.
(5) Documentation must be provided as part of the HMMP confirming the following:
(a) That hazardous wastes are being sent to an approved hazardous waste
recycling, storage, treatment or disposal facility,
(b) That an EPAID number has been obtained,
(c) That only authorized transporters are used, and
(d) That on -site storage is limited to 180 days (or up to 270 days if the waste
is to be transported more than 200 miles).
6.4.8 Utilities
(A) Economic Development Districts
(1) eas# Each ' permitted use, special use, and accessory use to be served by a
public or private water or sewer system must be:
(a) Designed, sized, and constructed to the standards of the utility provider;
and
(b) Assured of installation of such services at the time it is approved.
(2) Each MPD -CZ Master Plan and site plan must be accompanied by
documentation from the utility provider that it has reviewed and approved:
(a) Preliminary plans for the proposed water and /or sewer lines;
(b) The adequacy of the existing system(s) to which the connections(s) will
be made;
(c) The capacity of the existing water and sewer treatment facilities;
(d) The carrying capacity of the discharge stream or discharge point; and
(e) The method of funding proposed extensions of water and sewer lines.
(3) The approval by the utility provider must in the form of a resolution or other
agreement adopted by its board of directors or governing board and must also
contain a certification that service to -the development project is authorized by
any water management plan and discharge permit in effect at the time of .
approval.
(4) Installation
(a) The location and size of easements for water and /or sewer lines must be
approved by and dedicated in the form of a deed of easement to the
utility provider.
91 Sentences such as this were removed from the UDO during the UDO development process. This instance was
missed and staff is suggesting it be removed to read as shown.
Orange County, North Carolina — Unified Development Ordinance Page 6 -20
Article 6: Development Standards
348 Section 6.5: Architectural Design Standards
(d) Except for standing rib metal roofs and copper roofs, corrugated metal,
highly reflective surfaces, and illuminated roofing must not be used:
(e) Rooftop solar collectors, skylights, and other reflective rooftop building
elements must be designed and installed in a manner which prevents
reflected glare.
(f) Solar panels must be integrated into the roof design, flush with the roof
slope. Frames must be colored to complement the roof. Natural
aluminum frames are prohibited.
(g) Support solar equipment must be enclosed and screened from view.
(A)
0) GeFpoFate Fr ise- AFGhite6tt-re
40,04 Gf the
(8) Bull iRg GGess
be ppea'd °d f em the .. entn'n g street.
(b) GGFRer eRtFaRGes should be pFovided OR GOFRer !at buildings-.
.
92 After using the UDO for a few months, staff is suggesting that this Section be relocated to Section 6.6.2. Doing
so will put all of the design standards for the ECOD overlay district in one section within the UDO, making it less
complicated for users.
orange county, North Carolina — Unified Development Ordinance Page 6 -27
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts 349
(B)
GOnyeFt d into dent' 1
w�Tr4l-a °cv-mcv- i1vTi°fG.�iair. rrria� wve.
SECTION 6.6: ADDITIONAL STANDARDS FOR OVERLAY DISTRICTS
6.6.1 Special Flood Hazard Areas (SFHA)
(A) Provisions for Flood Hazard Reduction
In all SFHAs the following additional standards shall be met:
(1) All new construction and substantial improvements shall be designed and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure.
(2) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to minimize flood damage.
(3) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damages.
(4) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be designed and /or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
These include but are not limited to HVAC equipment, water softener units,
bath /kitchen fixtures, ductwork, electric meter panels /boxes, utility /cable boxes,
appliances (washers, dryers, refrigerator, etc.), hot water heaters, and electric
outlets /switches.
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
Orange County, North Carolina — Unified Development Ordinance Page 6 -28
Article 6: Development Standards
350 Section 6.6: Additional Standards for Overlay Districts
(2) There shall be a minimum 15 feet wide vegetative buffer along all common
property lines separating non - residential and residential land uses. The required
plantings shall be in accordance with those required for Buffer Yards Type A
outlined within Section 6.8 of this Ordinance.
(3) There shall be a minimum eight feet wide landscaped strip along all property
lines separating non - residential uses from non - residential uses. The landscaped
strip shall be comprised of vegetation that forms a semi - opaque intermittent
visual obstruction from the ground to a height of at least 15 feet. Joint use
agreements between adjacent property owners for shared ingress /egress and /or
parking may result in a waiver regarding the exact location(s) of the required
buffers.
(4) The entire area surrounding the foundation of the new building shall be
landscaped in scale with adjacent structures.
(D) Parking Lot Design
(1) Required parking shall be located at the side or rear of the structure.
(2) Shared parking areas shall be encouraged for contiguous non - residential land
uses, in accordance with Section 6.9 of this Ordinance.
(3) Parking areas with spaces in excess of 110% of the minimum parking spaces
required, per Section 6.9 of this Ordinance, shall not be permitted.
(4) Interior landscaping of the parking lots shall be provided in accordance with
Section 6.8 of this Ordinance.
(E) Signage
(1) Signage for non - residential uses shall conform to all requirements within Section
6.12 of this Ordinance.
(2) Only monument style signs that do not exceed six feet in height are permitted
within the Highway 70 Zoning Overlay District.
(3) Pole signs are not permitted.
(F) Site Design and Layout for all Construction / Renovation
(1) The natural topography of the property shall be preserved to the greatest extent
possible to avoid stormwater runoff onto adjacent properties.
(2) Any and all existing natural features (i.e. streams, ponds, hillsides, unique
vegetation, mature trees, etc) shall be protected and preserved through the site
planning and development process.
(3) The siting of buildings shall be done to preserve to the greatest extent possible
scenic views /vistas.
(G) Architectural Design Standards 93
(1) The following design standards shall apply to all non - residential development
within the pre- designated commercial areas and along the Highway 70 corridor:
(a) Corporate Franchise Architecture
(i) Under no circumstances shall modern corporate franchise
building design be permitted.
(ii) Franchise or'chain' businesses desiring to locate in the Highway
93 After using the UDO for a few months, staff is suggesting that this Section be relocated from Section 6.5.2.
Doing so will put all of the design standards for the ECOD overlay district in one section within the UDO, making it
less complicated for users. The actual architectural design standards are not proposed to change; the numbering
system has moved down one hierarchy in order to fit into the format of this Section.
Orange County, North Carolina — Unified Development Ordinance Page 6 -38
Article 6: Development Standards
Section 6.6: Additional Standards for Overlay Districts
70 Overlay District shall be required to design the building in
accordance with these guidelines.
(iii) For purposes of this Sub - Section, "modern corporate franchise
building design" means a building design that is trademarked,
branded, or easily identified with a particular chain or corporation
and is ubiquitous in nature.
(b) Drive - through facilities are prohibited on all non - residential uses.
(c) Mirrored glass is prohibited.
(d) Complementary Styles and Materials
(i) Similar architectural style and orientation must be observed to
complement surrounding structures.
(ii) Similar building materials that complement surrounding
structures must be utilized, including exterior finish. Acceptable
materials include: brick, wood, stone, stucco, marble, and other
similar materials.
(e) Building elevations shall be designed to be architecturally treated to
avoid long, blank building facades.
(f) Windows on the street frontage side of a building shall be limited to 40%
of the total building fagade.
(g) The principal building shall be oriented facing towards the fronting street.
(h) Building Access
(i) A functional doorway for public or direct -entry access into a
building shall be provided from the fronting street.
(ii) Corner entrances should be provided on corner lot buildings.
(iii) Additional entrances to a building may be provided.
(i) Rooflines & Materials
(i) Decorative cornices shall be provided for buildings with a flat
roof, defined as roofs with a pitch less than 3:12.
(ii) Eaves shall be provided with a pitched roof, defined as roofs with
a pitch greater than 3:12.
(iii) Pitched roofs are generally preferred over flat roofs.
(iv) All rooftop mechanical equipment (i.e. vents, ducts,
communication antennas, HVAC units, etc) shall be screened
from view or designed and installed in a manner using materials
and colors compatible with the building architecture.
(v) Highly reflective roofing materials shall be avoided. All proposed
metal roofing should be standing seam or copper. Galvanized
steel and tin roofs are permitted.
(j) Residential manufactured structures are not permitted for conversion to a
non - residential use.
(H) Additional Architectural Standards for existing single - family structures being
converted into non - residential use:
(1) The exterior fagade of an existing single - family residence proposed for
conversion into non - residential use shall not be altered to accommodate new
non - residential land uses except where modifications are necessary to address
building or fire code requirements.
Orange County, North Carolina — Unified Development Ordinance Page 6 -39
351
352
Article 6: Development Standards
Section 6.7: Additional Standards for MPD -CZD
(2) Any structures proposed for removal shall either be moved to another location for
re -use contemporaneously with the construction of the new structure or be
deconstructed in such a manner that the resultant materials are suitable for re-
use by the deconstructing party or others in future building projects. It is the
intent of this Sub - Section that the removed structure be recycled to the extent
possible.
6.6.3 Major Transportation Corridor (MTC)
(A) Landscaping and Buffers
In addition to the requirements set forth in Section 6.8 of this Ordinance, the following
standards shall be met:
(1) A minimum of 100 feet of buffer area from the edge of the interstate highway's 94
right of way, shall be preserved. The purpose of this buffer is to protect, preserve
and promote the visual appeal, character and value of land adjacent to major
transportation facilities; to provide for the separation of spaces; and to promote
the public health, safety and welfare through minimizing potential nuisances such
as the transmission of noise, odor, dust, litter and glare of lights.
(2) In areas of dense mature forest, existing vegetation may be used to fulfill the
buffer requirements. Where there is no existing vegetation in the buffer area, or
if existing vegetation does not provide a sufficient buffer, all proposed plantings
must be shown on the landscape plan to fulfill the buffer requirement. The new
plantings shall be predominantly evergreen and shall reach a mature size of at
least 30 feet. New trees shall be located so as to establish at maturity a
continuous screen in the 100 foot buffer area along the adjacent interstate
highway.
(3) Landscaping shall be in accordance with an approved landscaping plan.
(4) Any areas left in a natural state shall remain undisturbed except as follows:
(a) Within the buffer areas, necessary ingress, egress and utility service may
be allowed, but no other disturbance for site improvements shall be
permitted.
(b) Selective clearing of vegetation may be allowed only to remove diseased
trees or trees weakened by age, storm, fire or other injury.
(5) Non - residential uses within Transition Areas, as designated by the
Comprehensive Plan, may provide one break in the required buffer per lot
adjacent to the interstate right -of -way in order to provide an on -site commercial
sign and /or building visibility. The break shall constitute no more than 50% of the
interstate highway frontage. 95
• 0191115121 •
6.7.1 Master Plan
(A) All applications for the MPD -CZ designation shall be prepared in accordance with Section
2.9 of this Ordinance and shall include a general development plan herein called the
'Master Plan'.
94 Staff is suggesting this language be added to make it clear that the buffer is required adjacent to the Interstate
right -of -way, not adjacent to any local roads that'may also be located within the MTC overlay.
9' Staff is suggesting that some clearing of the MTC buffer be permitted in order to provide on- premise signage
abilities and building visibility adjacent to Interstates. The current potential limit is 25% of the interstate frontage
[see Section 6.8.12(C)(5)]. 50% is suggested to be more competitive and in keeping with expectations of the
development community while preserving an acceptable level of buffers /vegetation in areas designated for growth.
grange county, North Carolina — Unified Development Ordinance
Page 6 -40
Article 6: Development Standards
Section 6.7: Additional Standards for MPD -CZD 353
6.7.4 Start of Construction & Extensions
(A) Site plans shall be approved and construction started in accordance with the timetable
approved with the Master Plan. If the site plan(s) have not been approved or no
construction has started within the stated time frames, the Master Plan becomes void and
of no effect. The owner can request an extension from the Board of County
Commissioners upon the favorable recommendation of the Planning Board, if the request
is received before the Master Plan expires.
(B) No changes shall be made to the conditions of approval with extension requests.
Approval of a time extension shall be based on evidence presented by the applicant
showing that approvals have been pursued in a timely manner, and that delays have
resulted from factors beyond the control of the developer.
6.7.5 Specific Standards for Hillsborough EDD
In addition to the standards and regulations for all MPD -CZ districts established in this Ordinance,
the standards contained herein shall apply to MPD -CZ districts in the Hillsborough Economic
Development District.
(A) Purpose and Intent
The purpose of the MPD -CZ in the Hillsborough Economic Development District is to
provide locations for a mix of residential, commercial and light industrial uses in a
cohesive development that is compatible with the natural terrain and surrounding uses.
This district encourages innovation by offering flexibility in design and layout
requirements to achieve a greater choice of living and working environments.
(B) Applicability
(1) The minimum size of a MPD -CZ district shall be 20 596 acres.
(2) This district shall only be applied where water and sewer are available at the site
or are to be made available to the site as part of the development approval
process.
(C) Development Standards
(1) Dimensional Requirements
(a) There are no minimum lot sizes within the MPD -CZ district; However, the
Master Plan will set forth the individual lot setbacks in accordance with
the General Dimensional Requirements established herein.
(b) Single - family and duplex residential uses following the flexible
development guidelines established in Section 7.13 of this Ordinance,
may reduce the minimum setbacks by 50% and the lot width by 60 %.
(2) internal Access
96 Staff is suggesting that the minimum size be reduced to 5 acres, which is the minimum size for consideration of
all other MPD -CZ projects.
Orange County, North Carolina — Unified Development Ordinance Nage 6-40
354 Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
(3) During construction activities, adequate protective measures shall be provided to
minimize damage to existing trees and other vegetation.
(4) All tree protection fencing shall be installed prior to any grading, construction
traffic or activity taking place on site.
(5) Logging mats shall be used in areas where critical root zones may be disturbed
during construction.
(6) Signs shall be posted identifying the tree protection areas and shall state the
area is not to be disturbed. Such protective devices shall effectively protect the
critical root zones, trunks, and tops of trees to be retained and shall be
maintained until all work has been completed.
(7) Construction traffic, storage of vehicles and materials, soil compaction, filing, and
grading shall not take place within the drip line of trees to be preserved.
(8) Construction access to a site should be located where an existing or proposed
entrance /exit is located.
(9) A stabilized open area should be designated for storage of materials (including
stockpiling of soil and gravel) and for parking construction vehicles and
equipment.
(C) Mitigation
Where grading within a critical root zone of a tree cannot be avoided, the following
measures shall be used to maintain the life of the trees affected by grading:
(1) Avoid cut and fill around the entire circumference of the trunk of the tree;
(2) Root prune a tree several months prior to any cuts within the critical root zone;
(3) Prune tree limbs in an amount, which reflects the area of the roots to be severed,
but in no case allow pruning to exceed 25% of the tree crown. Fertilize, if
necessary and water the undisturbed root area of the tree;
(4) Trees that are marked for preservation and for which utilities must pass through
their critical root zones shall not have surface -dug trenches; and
(5) Utilities shall be bored through critical root zone areas. Shared utility easements
or trenches are encouraged.
6.8.5 Landscaping Standards
(A) General Design Guidelines
The following are guidelines and should be included where possible in the landscape
plan, and shall be balanced against other objectives of this Section when reviewing a
landscape and tree preservation plan.
(1) The use of potable water sources to irrigate should be minimized by utilizing
rainwater or other allowable systems.
(2) Native, non - invasive, and drought tolerant species should be arranged into zones
according to their water needs, by employing xeriscaping.
(3) Landscaping in the rural zoning districts (RB, AR and R1) should be clustered to
provide a more natural look. More formal arrangements are possible in the
medium and high density residential districts as well as the commercial, aad
industrial, and economic development 9? zoning designations.
97 Staff is suggesting this addition since more formal landscaping arrangements would seem to be appropriate in the
economic development zoning districts as well.
Orange County, North Carolina — Unified Development Ordinance Page 6 -48
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection 355
The Planning Director shall maintain a list of plants that are not permitted for any
use due to their invasive tendencies. Such species shall not be planted as
landscaping for any purpose.
(D) Installation
(1) The International Society of Arborculture (ISA) maintains standards for tree
plantings. All installations shall adhere to the standards published by the ISA.
The Planning Director will have available the planting details as a booklet.
(E) Maintenance
(1) All plantings must be maintained in a healthy state. Should any vegetation that
was required to meet the standards of this section die within two years of
planting, the plants must be replaced with the same or comparable species.
(2) The Planning Director may conduct inspections to monitor the health and status
of the required landscaping.
6.8.6 Land Use Buffers
(A) Purpose
Land use buffers are intended to screen and buffer lower intensity /density uses from
incompatible higher intensity /density land uses. Buffers reduce adverse visual effects, as
well as noise, dust, and odor.
(B) Applicability
Land use buffers will be required based on the zoning district of the proposed use and
the zoning district of the adjacent uses.
(C) Location
(1) Required land use buffers shall be located along the interior or street lot lines
nearest the adjacent streets, landwases and /or zoning designations. Buffers shall
not be located on any portion of an existing or proposed street right of way,
drainage or utility easement.
(2) No building or structure of any type shall be erected, constructed or installed in a
required land use buffer.
(D) Land Use Buffer Table
98 The R -8 zoning classification does not appear in any of the columns and needs to be included.
Orange County, North Carolina — Unified Development Ordinance Page 6 -51
U) o
R -2 & R -3
A
-
A
B
F
D
F
F
F
D
B
B
`o °
R -4 & R -5
A
A
-
B
F
C
E
E
F
C
B
B
R -8 & R -13
B
B
B
-
F
B
D
D
F
C
B
B
•E
N in
MHP -CZ
F
F
F
F
-
F
F
F
F
F
F
F
98 The R -8 zoning classification does not appear in any of the columns and needs to be included.
Orange County, North Carolina — Unified Development Ordinance Page 6 -51
356 Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
O /I, NC -2, E D C B F - -
LCA
- F B B D
CC -3, GC -4,
EC -5
F
F E
D
F -
-
-
F B B D
El, 1 -1, 1-2,1-3,
PID
F
F E
E
F -
-
-
€3 F?9 B B D
1 NTC D QTA TC
ARTrn ERIAl=
CTDCCT
€
€
L'`Ill I� zC�,Tvi�
CTC7 f=GT
43
a _14
-9
F_ B
Note: MPD -CZ buffers to be determined at time of approval.
(E) Natural Buffers
(1) If there is existing, healthy, natural vegetation in the area of a required buffer, it
must be preserved. If the vegetation is removed for any reason, other than in
accordance with an approved landscape and tree preservation plan, the
dimensions of the buffer shall be increased 50% and the number of required
plantings shall be increased 50 %.
(2) The critical root zones of trees within the buffer must be protected if the applicant
seeks credit for preservation of existing trees. For example, if a required buffer
has a dimensional width of 30 feet, and the critical root zone extends beyond the
30 feet, the buffer will be extended to the edge of the critical root zone in the area
around the tree.
(3) If necessary, a natural buffer will be supplemented with additional plantings in
order to meet the Constructed Buffers standards established herein.
(F) Constructed Buffers
(1) If existing plantings are not sufficient to meet the buffer standards established in
this Section, additional plantings shall be installed.
(2) The plant units listed below will be considered comparable, and therefore
interchangeable, as set forth below.
(3) Option 2, Deciduous, shall not be permitted when the proposed use is non-
residential and is proposed next to a residential district or use, unless employed
with a wall, as set forth herein.
99 All interstate highways are, by definition, located within the Major Transportation Corridor (MTC) overlay
district and a 100 -foot buffer is required within the MTC, which corresponds to Buffer Type F. (See Section 4.5 and
6.6.3 for additional MTC information).
ioo Listing roadways as the subject property that must provide a buffer is incorrect as 1) streets are not actually
required to provide a buffer, and 2) it is in direct conflict with (C)(1) which states locational requirements and
specifically states that buffers shall not be located on any portion of an existing or proposed street right of way.
Orange County, North Carolina — unified Development Ordinance Page 6 -52
Article 6: Development Standards 357
Section 6.8: Landscaping, Buffers & Tree Protection
(C) The Planning Director may grant the extension on requests for planting extensions
submitted between May 15 and September 15 of each year, and may grant the
extensions at other times if there are unfavorable conditions for planting.
(D) If the initial LREC has expired and conditions are still deemed unsuitable for planting, an
applicant may request one additional extension of up to 90 days. During periods of
extreme drought, as evidenced by the official declaration of Stage 3 or greater mandatory
water conservation requirements, the Planning Director, or designee, may authorize
additional 90 -day extensions beyond the one extension typically allowed. These
extensions may be continued throughout the period in which the extreme drought
conditions remain.
(E) The applicant shall also acknowledge that no Final Zoning Compliance Permit shall be
issued while there is an active (pending) LREC unless a performance guarantee (such as
a letter of credit or performance bond) sufficient to cover 110% of the installed
landscaping costs has been posted with the Planning and Inspections Department.
6.8.12 Additional Standards for Economic Development Districts
(A) Landscape and Tree Preservation Plan
. ........... 2 �e - M-t 'e-
aim; 1011 III-01"WIP-M
The Landscape and Tree Preservation Plan shall be prepared in accordance with the
requirements of Section 6.8.10.
(B) Preservation of Existing Features
(1) Natural features such as streams and ponds, hillsides, rock formations, unique
vegetation and natural areas, wildlife habitats, and other similar features must be
incorporated into the overall development concept.
`2 EXiGtiRg FiveFs, stFeams, and purls and their drainage areas shall he pretested
water sepve as utility easement, and buffer more intensive nonresidential uses
from neighherinn residential areas.
101 Staff is suggesting that projects in the Economic Development Districts be held to the same standards as projects
located in other areas of the county. (A)(1) and (A)(4) are already required of all projects. (A)(2) and (A)(3) are
additional requirements in EDDs that is not required of other non - residential projects in other Land Use categories.
Orange County, North Carolina — Unified Development Ordinance Page 6 -59
358 Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
swales, shall rnaiRtain a Fninimurn 50 feet wide streaF:R GOrridep designated algRg
both s*der, Gf the wateF feature If 6tF-A,.;4R; GGrFider-s are Fequired, they must to be
expanded to insldde ° +ee., elonec fleedplains, +1 a a + 1 aFea6 as
identified in the GG lnyen+oo of Nat al AFe ,d Wildlife u bit a 102
(4) Building sites, parking areas, and other uses shall be situated in such a way as to
protect existing tree stock having a diameter of one -foot or greater when
measured four and a half feet above ground level.
(5) Trees to be saved shall be noted on the landscape and tree preservation plan
and appropriate measures to protect the tree stock from damage during
construction, including no grading within the critical root zone, shall be indicated
in accordance with Section 6.8.4.
(6) Where possible, trees shall be protected in stands or clusters.
(7) The siting of buildings shall take advantage of scenic views and take into
consideration the impact of new structures on views from off -site.
(8) Where ever possible, access to views are to be preserved for adjacent property
owners and passing motorists.
(9) Scenic views and visual elements within the visual corridor shall be identified and
preserved where possible.
(C) Buffering Neighboring Uses
(1) A minimum buffer of 100 feet in width is to be provided at the boundary of all
Economic Development Districts.
(2) In accordance with Section 6.6.3, a A-buffer of 100 feet in width is to be
maintained adjacent to the right -of -way of interstate highways. 103
(3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the
boundary adjacent to the Clearview Subdivision and adjoining residential area on
the north side of West Ten Road.
(4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86
roadway corridor. For properties located within the EDHA zoning district, a 50
foot wide buffer is required.
(5) Limited breaks in required interstate highway buffers may be allowed if they aFe
break per lot shall be peFrA Red, and the bFeak shall Genstitute RG maree than 0
of the ?Rter-state highway fry +e in accordance with Section 6.6.3(5).104
�....,.� ,,«sue.
(6) Buffers may consist of existing wooded areas. If existing vegetation is not
sufficient for screening, a planted buffer shall be augmented and interspersed,
consisting of 50 -75% evergreen trees reaching a minimum mature height of 30-
feet.
102 Staff is suggesting deletion of (B)(2) and (13)(3) because these requirements are already addressed in the soil
erosion and sedimentation control and stream buffer regulations contained within this Ordinance. (13)(3) is
potentially in conflict with stream buffer regulations because in many instances a buffer width greater than 50 -feet is
required.
103 This modification is suggested in order to tie the required buffer to the MTC requirements, which is the origin of
the requirement.
104 This modification is suggested in order to make this requirement consistent with the suggested change in Section
6.6.3 which is proposed to allow for up to a 50% break in order to provide an on- premise sign and/or building
visibility.
Orange County, North Carolina — Unified Development Ordinance Page 6 -60
Article 6: Development Standards 359
Section 6.8: Landscaping, Buffers & Tree Protection
r Qnreeninn In lieu of the Land Use Buffers required in Section 6.8.6, buffers
between adjacent land uses, whether internal or external to the project, shall be
provided in accordance with the Land Use Buffers
Schedule that follows. whetheF ;ntemal _r extern_ to the nrnion4 105
(8) Trees with a caliper of six inches or greater should be considered for
preservation.
(9) No grading for building or parking shall encroach upon required buffer.
(10) Landscape buffer widths may be reduced if the buffer material is adequate to
provide additional screening.
(11) Decorative walls may be used to augment required landscaping for buffer
reduction.
(12) Access and utility crossings are to be made as close to perpendicular as possible
to the length of the buffer.
(13) No land disturbances for buildings, parking, or storage, drainage, etc. are
permitted within a required buffer.
105 Staff is suggesting a re -write of this paragraph in order to use the correct terms and be more clear. Additionally,
it needs to be clear that in the EDDs, there is a different Land Use Buffer Schedule than is applied to other areas of
the county.
106 Staff is suggesting a revision to this extensive Table. Given that residential uses, and especially low density
residential uses, are not encouraged in the Economic Development Districts, staff is suggesting the categories be
collapsed as shown in the new table. The revised buffer widths are suggested based on the types of Land Use
Buffers required of similar uses outside of the Economic Development Districts and take into consideration the
denser types of development anticipated in the EDDs. The idea that substantial buffers tend to lead to a "pod- like"
development pattern was also considered in the suggested buffer widths. Given the extensive landscaping standards
required of new development and the array of other development standards such as impervious surface limits and
stream buffer requirements, lessening the required land use buffer is expected to continue to result in a quality, more
urban -style development in the EDDs while balancing impacts on the environment and surrounding area. The Land
Use types in the suggested new table correspond to the "Use Type" headings in the Table of Permitted Uses for
Economic Development Districts (Section 5.2.2)
Orange County, North Carolina — Unified Development Ordinance Page 6 -61
TABLE 6.8.12.C: LAND USE BUFFER SCHEDULE...
A B ABUTS THIS EXISTING LAND USE... "A" PROVIDES A
WHEN THIS LAND USE IS BEING NOTE: "ABUTTING LAND USES INCLUDE THOSE ACROSS A BUFFER WIDTH OF.
DEVELOPED AND... STREET (OTHER THAN AN INTERSTATE HIGHWAY) FROM A NEXT TO "B"
PROPOSED DEVELOPMENT
Article 6: Development Standards 3 61
Section 6.8: Landscaping, Buffers & Tree Protection
Residential, all types
Residential, all types
N/A
Finance
20
Government, Information, Recreation, Retail, Services,
Non - Residential Use /Reuse of Historic Buildings
30
Other all other Use Types in Section 5.2.2
50
Interstate Highway See also Section 6.6.3
100
Arterial Road
30
Collector Road
20
Railroad
40
Transmission Lines
40
Undeveloped Parcel
20
Finance
Residential, all types
20
Finance
20
Government, Information, Recreation, Retail, Services,
Non - Residential Use /Reuse of Historic Buildings
20
Other all other Use Types in Section 5.2.2
N/A
Interstate Highway See also Section 6.6.3
100
Arterial Road
20
Collector Road
20
Railroad
20
Transmission Lines
20
Undeveloped Parcel
20
Rccirlcantini all tvnac
30
Government, Information,
Recreation, Retail,
Services, Non - Residential
Use /Reuse of Historic
Buildings
Finance
cu
Government, Information, Recreation, Retail, Services,
Non - Residential Use /Reuse of Historic Buildings
20
Other all other Use Types in Section 5.2.2
N/A
Interstate Highway See also Section 6.6.3
100
Arterial Road
20
Collector Road
20
Railroad
20
Transmission Lines
20
Undeveloped Parcel
20
Other (all other Use Types
in Section 5.2.2)
Residential, all types
40
Finance
20
Orange County, North Carolina — Unified Development Ordinance Page 6 -63
362 Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
(D) Landscaped Parking Areas 107
In addition to the requirements contained in Section 6.8.7(D), projects in Economic
Development Districts shall require the following' 03:
(1) A continuous poured -in -place concrete curb shall be provided around landscape
islands.
(2) Where vehicles will extend over landscape islands, such islands shall be
increased two and one -half feet in depth by decreasing the length of the parking
stall the same distance.
(3) When grading a site for parking purposes, runoff from parking areas must be
infiltrated through grass lined swales or porous -fill retention areas rather than
directing the flow to natural wetlands.
(4) Pedestrian ways are to be buffered with intermediate landscape between
sidewalks and right -of -way travel lane.
(5) Hillsborough EDD
(a) When parking lots abut a public or private right -of -way or easement, a
35 -foot landscape area is required, except as otherwise specified.
(b) Landscaping islands having a minimum area of 1000 sq. ft. (vary by size
tree) shall be provided at a minimum interval of every ten parking spaces
and at the ends of all rows of parking.
(E) Plant Materials
In addition to the requirements contained in Section 6.8.5, projects in Economic
Development Districts shall require the following 109:
(1) All areas not paved or built upon shall be landscaped with trees, shrubs, and
lawns.
(2) Large uninterrupted areas of gravel or bark mulch or bare soil are prohibited.
(3) Whenever possible, existing vegetation shall be preserved.
107 The correct document hierarchy was not applied to subsection (D); the sub - sub - sections were labeled (a) through
(e) so staff is suggesting fixing this subsection with the correct hierarchy [(1) through (5)].
108 Staff is suggesting that the language be added to make it more clear that these are additional requirements and to
direct the user to other pertinent sections.
109 Staff is suggesting that the language be added to make it more clear that these are additional requirements and to
direct the user to other pertinent sections.
orange county, North Carolina — Unified Development Ordinance Page 6 -64
Article 6: Development Standards 363
Section 6.8: Landscaping, Buffers & Tree Protection
(4) If existing vegetation is not preserved, no fewer than the number of trees per
acre specified in the section, "Plant Size and Distribution," shall be planted, not
counting trees planted in parking lot islands smaller than 500 square feet.
(a) "Large" trees are those referred to as "Canopy Trees' and /or "Evergreen
Trees" in Section 6.8.5.
(b) "Small" trees are those referred to as "Deciduous Understory Trees"
and /or "Evergreen Understory Trees" in Section 6.8.5. "'3
(5) All irrigation systems are to be below ground, fully automated systems in
compliance with all applicable building code requirements.
(6) All backflow control devices are to be located or screened so that they are not
visible from streets, parking lot or pedestrian areas.
(7) Along utility rights -of -way, planting must not disrupt service or access to
overhead or underground equipment.
Residential:
• Single- family, Two- family N/A
• Multi-family N/A
N/A
N/A
N/A
N/A
N/A
N/A
Accommodations & Food Service
39
15
70%
30%
Administrative & Support Services
24
52
30%
70%
Arts, Entertainment & Recreation
51
23
70%
30%
Construction
51
23
70%
30%
Educational Services
24
52
30%
70%
Finance & Insurance
24
52
30%
70%
Health Care & Social Assistance
24
52
30%
70%
Information
24
52
30%
70%
Management of Companies & Enterprises
51
23
70%
30%
Profession, Scientific & Technical Services
51
23
70%
30%
Public Administration
24
52
30%
70%
Real Estate, Rental & Leasing
51
23
70%
30%
Retail Trade
39
15
70%
30%
Transportation & Warehousing
64
26
70%
30%
Utilities
20
10
70%
30%
Wholesale Trade
64
26
70%
30%
10 Staff is suggesting this addition in order to be more clear about what constitutes a "Large" and "Small' tree.
111 Staff I suggesting this requirement be deleted because it is vague and Section 6.8.5(C)(4) and (5) contains
requirements for Preferred Species and Prohibited Plants.
Orange County, North Carolina — Unified Development Ordinance Page 6 -65
364 Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Industrial
20
10 70%
30%
Distribution
64
26
70%
30%
Flex Space
23
20
55%
45%
Office
51
23
70%
30%
Retail
39
15
70%
30%
Service
24
52
30%
70%
"Unobstructed Open Space" includes 113 all areas not covered by buildings, parking lots, driveways, sidewalks, and
other impervious surface. Parking lot islands may be counted as Unobstructed Open Space if they are at least 500
square feet in area.
SECTION 6.9: PARKING, LOADING & CIRCULATION
6.9.1 Purpose & Intent
The purpose of this Section is to promote the public health, safety and welfare, as well as to
improve the quality of the built environment for Orange County by establishing suitable standards
for motorized vehicle parking and loading areas that are appropriate for the varying urban and
rural forms.
6.9.2 Applicability
No Building Permit, Zoning Compliance Permit or Certificate of Occupancy shall be issued for
uses of land, structures, and buildings, either initially or for a change in use or expansion of an
existing use, unless the off - street parking and loading requirements of this Section are met.
6.9.3 Prohibited Within Special Flood Hazard Areas
Off - street parking and loading facilities are prohibited within Special Flood Hazard Areas.
"Z Typographical error corrected.
13 Typographical error corrected.
orange Lounty, North Carolina — Unified Development Ordinance Page 6 -66
Article 6: Development Standards 365
Section 6.9: Parking, Loading & Circulation
(d) Aisles shall not be less than 12 feet wide for parallel parking.
Figure 6.9.10.E: Drive Aisles
_J
24' 18 ( 14161' 1+121
90 Degree 60 Degree 45 Degree Parallel
(2) The angle shall be measured between the centerline of the drive aisle and the
centerline of the parking space.
(3) Parking is prohibited in the drive aisles.
(E) General Standards
(1) Except where there is attendant parking or for single - family dwellings, each
parking space shall be so arranged that any vehicle may be parked and moved
without moving another.
(2) Off - street parking areas shall be designed so that no parking spaces, drive
aisles, or vehicle turnarounds are located within adjacent right -of -way.
(3) All parking spaces and maneuvering space, except for single - family dwellings,
shall be surfaced with an all- weather paving material, such as asphalt or
concrete, and maintained in a safe, sanitary and neat condition. Gravel parking
areas may be permitted with the approval of the DAC.
(4) Nonresidential parking spaces and multifamily parking spaces shall be striped on
pavement or designated with some other form of permanent marking.
(5) All off - street parking lots shall be equipped with a surface drainage system
designed and constructed in accordance with Section 6.14 and approved by
Orange County.
(6) Vehicles parked in off - street spaces shall be prevented from encroaching on
travel lanes, pedestrian ways, landscaping, or adjacent property by means of
curbs, wheel stops or other appropriate means.
(7) Ingress and egress to parking lots shall conform to the design standards of the
North Carolina Department of Transportation.
(8) Automobile turn arounds are required for single - family residential lots abutting an
arterial or collector street roadway so that motor vehicles do not have to back
onto into a public right -of -way.
(F) Additional Standards for Economic Development Districts
In addition to the other standards established in this Section, the following shall apply
within the Economic Development Districts:
(1) General Standards
Orange County, North Carolina — Unified Development Ordinance Page 6 -73
366 Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
(a) The site must be a self- contained development capable of
accommodating Xs its 14 own parking needs, except if shared parking is
provided, as per (h) below1'.
(b) It is preferable to place off - street parking to the side or rear of structures
and away from streets and highways.
(c) If the parking area accommodates a significant number of vehicles, it
must be divided into a series of connected smaller lots not to exceed 75
cars separated by major landscape buffers.
(d) Parking lots adjacent to and visible from streets must be adequately
screened from view through the use of rolling earth berms, low screen
walls, changes in elevations, landscaping or combinations thereof.
(e) For a lot facing two streets (corner lot), do not locate parking at the
corner facing the intersection.
(f) Visitor drop -off zones and parking must be provided near visitor
entrances, and all -day parking must be separated from visitor and front
entrance traffic.
(g) Parking areas must be separated from structures by either a raised
concrete walkway or landscaped strip, prefeFable preferably16 both.
(h) Where hours are compatible, shared parking is encouraged.
(2) Entrances and Exits
(a) Intra -site accessibility shall be provided "'. Vehicles must not be
required to enter the street in order to move from one area to another on
the same site.
(b) Entrances and exits must be restricted to side streets rather than
providing direct access to arterial and collector roads.
(c) Access points shall be located as far as possible from street
intersections so that adequate stacking room is provided.
(d) All access points shall be clearly marked with appropriate directional
signage.
(e) On public roads, access points are subject to review and approval by the
NC Department of Transportation.
(f) Entrance and exit points shall be limited to one per street frontage. More
than one access point may be permitted if justified by site configuration,
trip generation, and traffic conditions, including the need for separate
service and visitor /employee vehicular access, and /or one -way traffic
movement.
(3) Pedestrian / Vehicular Conflicts
(a) Separate vehicular and pedestrian circulation systems shall be provided.
(b) Pedestrian linkages between uses in office, service, and retail areas
shall be emphasized, including distinct pedestrian access between
adjacent sites with sidewalks and crosswalks, and appropriate lighting
and landscaping.
14 Correct typographical error.
15 Staff is suggesting the additional language in order to ensure there is not a potential conflict between the
requirement of (a) and the possibility of (h).
116 Correct typographical error.
117 Staff is suggesting the additional language in order to provide more clarity to the requirement.
Orange County, North Carolina — Unified Development Ordinance Page 6 -74
Article 6: Development Standards 367
Section 6.10: Roadway Improvements & Multi -Modal transportation
(B) Off - street loading spaces shall be so located outside of the right -of -way and positioned so
that a semi - trailer shall be able to use it without undue maneuvering.
(C) Loading areas shall be located at the side or rear of a structure and screened from view
from adjacent rights -of -way and single - family residential properties.
(D) Permanent wheel stops or curbing shall be provided to prevent any vehicle using the
loading area from encroachment on the required street yards, side yards, or adjacent
property.
(E) In no case shall a loading space hinder the movement of traffic or pedestrians.
(F) All off - street loading areas shall be surfaced with an all- weather material such as
concrete or asphalt, designed to carry the heaviest vehicle loads that can commonly be
expected. Consideration should be given to the weight of fire and sanitation equipment as
well as delivery vehicles. Gravel loading areas may be permitted with the approval of the
DAC.
(A) Economic Development Districts
The following standards shall apply within the Economic Development Districts:
(1) Roadway Design /Improvement
(a) Whether improvements are required or not, adequate right -of -way must
be dedicated to accommodate the projected right -of -way requirements
as identified in adopted thoroughfare plans. New development must
provide building setbacks as required in this Ordinance, from the
proposed (new) right -of -way.
(b) As required in Section 2.5.3, compliance \,vith adopted access
management and connectivity plans is required. "1
118 Staff is suggesting that if the proposed amendment to Section 2.5.3 is adopted by the BOCC (currently scheduled
for consideration on October 18, 2011), the language shown here should be added to reinforce the requirement since
Orange County, North Carolina — Unified Development Ordinance Page 6-77
368 Article 6: Development Standards
Section 6.10: Roadway Improvements & Multi -Modal transportation
(c) Roadways and /or signalized intersections must be designed to maintain
adequate service levels and assure user safety.
(d) Highway design and siting must respond to present and projected
capacity /volume deficiencies as identified in the Traffic Impact Study, if
required.
(e) New collector and local streets, serving residential or commercial
development, must meet the specifications and standards contained in
Section 7.8 of this Ordinance and /or NCDOT Construction Standards for
streets with curb and gutter section.
(f) On- street parking is not permitted on collector streets which will intersect
with existing thoroughfares proposed as bicycle routes in the Regional
Bicycle Plan.
(g) In lieu of on- street parking, four -foot bike lanes must be delineated on
each side (curb) of the street.
(2) Pedestrian Circulation
(a) Walkways or sidewalks must be provided along all new collector and
arterial streets.
(b) A minimum four -foot wide planting strip between sidewalk and curb shall
be provided.
(c) In all cases, public sidewalks, and walkways on private property, must be
at least four feet in width and clearly marked with paint or a contrasting
surface material.
(d) In addition, barrier -free design must be incorporated into sidewalk and
walkway systems for use by the handicapped.
(e) Buildings must be sited in ways which make their entries or intended use
clear to approaching users and visitors. Clear pedestrian entries from the
street and not just from adjacent parking areas are to be provided.
(f) Locate parking areas to the side or rear of buildings and relate building
facades to the street, public sidewalks, and transit stops.
(g) In the area between the public realm of the street and the private realm
of the residential complex or commercial building, provide a transition
consisting of a well landscaped front yard, a low fence or wall, a
recessed entry, a courtyard, or other device that promotes privacy but
visibility from the street.
(3) Bicycle Circulation
(a) Development projects which abut a proposed bicycle route must make
provision for bicycle parking /storage as part of the comprehensive site
development plan.
(b) In addition, such facilities are to be provided in conjunction with
designated transit stops.
(c) Bicycle parking and storage facilities, as well as the installation and /or
delineation of bike lanes must be done in accordance with the standards
contained in The Regional Bicycle Plan - Durham and Orange Counties
North Carolina Bicycle Facilities Planning and Design Criteria.
right -of -way requirements (which is something a bit different) is referenced in (a). Adding the suggested text as (b)
had automatically renumbered the requirements below it.
Orange County, North Carolina — Unified Development Ordinance Page 6 -78
Article 6: Development Standards 369
Section 6.12: Signs
Planning Department and all other related agencies (i.e. NC Department of
Transportation).
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) On- Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On- premise commercial signs shall be permitted within the following zoning
districts: LC -1, NC -2, CC -3, GC-4, EC -5, OI, El, 1 -1, 1 -2, 1 -3 AS, MPD -CZ, MHP-
CZ and all of the Economic Development zoning districts " 3.
(3) All on- premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right -of -way
line whichever is greater. In cases where a property abuts a residential zoned
parcel of property, the side or rear yard setback requirement shall be doubled.
(4) Number of Signs Permitted
(a) One on- premise commercial sign shall be permitted per parcel.
However, one additional on- premise commercial sign may be permitted
for parcels with frontage on more than one right -of -way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three - dimensional sign be
permitted on -site.
(c) For multi- tenant buildings and /or sites permitted as a conditional use or
conditional zoning district, additional on- premise commercial signs or
sign area may be permitted by the Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on- premise commercial signs shall be determined as
follows:
(a) Single or double -faced signs shall not exceed 32 square feet in area, per
sign face.
(b) Three- dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
"9 Staff is suggesting this language be added. It should have been added as part of the UDO development process
but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the
UDO.
Orange County, North Carolina — Unified Development Ordinance Page 6 -53
370 Article 6: Development Standards
Section 6.12: Signs
(8) In no case shall an off - premise commercial sign be located closer than 1,000 feet
to an existing off - premise commercial sign.
(9) Off - premise commercial signs are prohibited within the Major Transportation
Corridor (MTC) overlay district.
(10) No person may, for the purpose of increasing or enhancing the visibility of any
off - premises commercial sign, damage, trim, destroy, or remove any trees,
shrubs, or other vegetation in the following locations:
(a) Within the right -of -way of any public street or road, unless the work is
done pursuant to the express written authorization of the North Carolina
Department of Transportation;
(b) On property that is not under the ownership or control of the person
responsible for such work, unless the work is done pursuant to the
express authorization of the property owner where the vegetation is
located; and,
(c) In any area where such vegetation is required to remain under a permit
issued in accordance with this Ordinance.
(C) Wall Signs
(1) Shall either be mounted or painted on a building.
(2) Wall signs may be internally illuminated and shall comply with all applicable state
and county building codes and the National Electric Code.
(3) Wall Signs shall be permitted within the following zoning districts: LC -1, NC -2,
CC -3, GC-4, EC -5, OI, El, 1 -11 1 -2, 1 -31 AS, MPD -CZ and all of the Economic
Development zoning districts. 120
(4) All wall signs shall be offset a minimum of ten feet from the corner of the building
on which it is mounted.
(5) Wall signs shall not protrude more that 12 inches from the face of building on
which it is mounted.
(6) Number of Signs Permitted
(a) Only one wall sign shall be permitted per building facade. In cases
where a building is located on a corner lot, an additional wall sign may be
permitted on the building wall facing the second street right -of -way,
subject to the requirements of this Ordinance.
(b) For multi- tenant buildings permitted as a conditional use or conditional
zoning district additional wall signs may be permitted by the Board of
County Commissioners.
(7) The allowable sign area shall be determined as follows:
One square foot of sign area for every % foot of building length facing a public
right -of -way, not to exceed 32 square feet.
(8) A changeable copy sign may be utilized as a wall sign.
(9) Wall signs shall not extend above the soffit, parapet, or eave line of the building
to which it is attached.
(D) Projecting Signs
(1) Projecting signs shall be mounted on a building.
10 Staff is suggesting this language be added. It should have been added as part of the UDO development process
but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the
UDO.
orange county, North Carolina — Unified Development Ordinance Page 6 -95
Article 6: Development Standards 371
Section 6.12: Signs
(2) Projecting signs may be internally illuminated and shall comply with all applicable
state and county building codes and the National Electric Code.
(3) Projecting signs shall be permitted within the following zoning districts: LC -1, NC-
2, CC -3, GC-4, EC -5, OI, El, 1 -1, 1-2,1-3, AS, MPD -CZ and all of the Economic
Development zoning districts12' .
(4) Projecting signs shall adhere to the minimum setback requirements established
for all structures within the zoning district in which it is located.
(5) Only one projecting signs shall be permitted per building facade even in cases of
a building located on a corner lot.
(6) The allowable sign area shall be determined as follows:
(a) One square foot of sign area for every ' /a foot of building length, facing a
public right -of -way, not to exceed 32 square feet in area.
(7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least
ten feet above finished grade.
(8) Projecting signs shall not extend above the soffit, parapet, or eave line of the
building to which it is attached.
(9) Projecting signs shall not be located at the corner of a building except at right
angles to the building facade.
(E) Window Signs
(1) Window signs shall be permitted within the following zoning districts: LC -1, NC -2,
CC -3, GC -4, EC -5, OI, E1, 1 -1 1 -2, 1 -3, AS, MPD -CZ and all of the Economic
Development zoning districts 122
(2) Window signs shall be limited to a maximum of 30% of the total window area
where the sign is to be located.
(3) Window signs may be utilized for advertising specials or sales within the
business, or displaying the name and other pertinent business information
associated with the principal use.
(4) Signs may be etched, painted or otherwise attached to be made a permanent
addition to the pane of glass.
(F) Awning Signs
(1) Awning signs shall be permitted within the following zoning districts: LC -1, NC -2,
CC -3, GC4, EC -5, OI, El, 1 -1 1-2.1-31 AS, MPD -CZ and all of the Economic
Development zoning districts j23. See Section 6.12.14(E) for additional standards
for Awning Signs located in Economic Development Districts.
(2) Awning Signs shall be located above the main entrance to a nonresidential land
use and shall contain the name of the use.
121 Staff is suggesting this language be added. It should have been added as part of the UDO development process
but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the
UDO.
122 Staff is suggesting this language be added. It should have been added as part of the UDO development process
but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the
UDO.
123 Staff is suggesting this language be added. It should have been added as part of the UDO development process
but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the
UDO.
Orange County, North Carolina — Unified Development Ordinance Page 6 -96
372 Article 6: Development Standards
Section 6.12: Signs
(v) All directional signs shall be located a minimum of five feet from
any active recreational activity field or one feet from any
established nature or man -made trail, and shall be set back a
minimum of ten feet from all property lines,
(f) Scoreboards
(i) One scoreboard, not to exceed 144 square feet, shall be
permitted for each athletic field
6.12.14 Additional Standards for Economic Development Districts
In addition to the overall sign standards established herein, the following specific standards shall
apply in the Economic Development Districts:
(A) General Standards
(1) A sign plan must be submitted and approved as part of the comprehensive site
plan or master plan.
(2) For multiple use sites or buildings, unified directional /informational signs and the
use of coordinated individual wall signs is the preferred approach to business
identification.
(3) Sign colors must not be overpowering but must accent the building which the
sign identifies or on which it is mounted.
(4) The light from an illuminated sign must not be permitted to shine into any road
right -of -way or across property lines.
Gr R;* inners
0 o�m��,,,ss,�� �:
(6) In addition to the prohibited signs in Section 6.12.6, the following types of signs
are prohibited in the Economic Development District: off premises advertising
signs, billboards, ronf ° °f signs, inflatable, and portable signs -@Fe ppE)h*bited.12s
ore prohibited 126
(B) Identification Signs
(1) Freestanding Identification Signs
(a) Only one freestanding identification sign is permitted for each
development. However, a second sign may be permitted where a site
has more than one vehicular entrance on different sides of the building.
(b) A freestanding identification sign must be placed perpendicular to
approaching vehicular traffic so that it is clearly visible and does not
obstruct the view of any other identification or information sign.
(c) A freestanding identification sign must be located at least 10 -feet from
any property line or driveway.
124 Staff is suggesting removal of this restriction because Section 6.12.12(C)(1) permits Wall Signs to be painted on
a building. Staff is suggesting that a painted wall sign not be restricted in the EDDs when they are allowed in all
other non - residential zoning districts
125 Staff is suggesting that specific reference be drawn to Section 6.12.6 (Prohibited Signs in all zoning districts).
Since roof signs are prohibited in all zoning districts, staff suggests deleting the redundancy here.
j26 Staff is suggesting this for deletion because it is already prohibited in Section 6.12.6(C).
Orange County, North Carolina — Unified Development Ordinance Page 6 -101
(C)
(D)
(E)
Article 6: Development Standards 373
Section 6.12: Signs
M Only one wall sign per tenant GF building GGGUpant is allowed, and GRIY
then me of the tenant ndie ident'fidn c mhnl may he displayed.
tFmac127
(3) Buckhorn EDD & Eno EDD Only
The following criteria shall govern the number, size, and height of identification
signs in the Buckhorn and Eno EDDs:
Directional /Informational Signs
In lieu of the requirements contained in Section 6.12.11(G), the following requirements
shall apply to Directional /Informational signs located in Economic Development
Districts: 1`B
(1) Information signs must be placed perpendicular to approaching traffic so that
they are visible and legible.
(2) Signs must be located outside of the site visibility triangle.
(3) Information signs must be positioned to avoid confusing backgrounds,
particularly when they are intended to direct vehicular traffic on or to- and -from
the site.
(4) Information signs may be placed no closer than six feet to the edge of a road or
drive, and, in no case, may they be located within a street right -of -way unless
they are erected by a governmental agency.
(5) Information signs may not exceed four feet in height.
(6) Information signs may not contain advertising material or exceed six square feet
in area.
Temporary Signs
(1) Temporary signs may be used for construction and real estate information, and
future tenant identification, in accordance with the provisions of this Section.
Awnings
(1) The form and color of the awnings must be consistent.
(2) A minimum eight -foot vertical clearance must be maintained.
(3) Signs on awnings must be painted on or screen printed and limited to the
awning's flap (valance) or end panels.
(4) Canvas, treated canvas, matte finish vinyl, and fabric awnings are permitted.
(5) Plexiglas, metal, and glossy vinyl illuminated awnings are prohibited in the
Hillsborough EDD and strongly discouraged in the Buckhorn and Eno EDDs.
127 Staff is suggesting that Wall Signs in the EDDs be regulated in the same manner as Wall Signs in other non-
residential zoning districts (see 6.12.12(C).
128 Staff is suggesting this additional language because the existing provisions for EDDs are different from, and
sometimes conflict with, the requirements contained in Section 6.12.11(G).
Orange County, North Carolina — Unified Development Ordinance Page 6 -102
374
Article 10: Definitions
Section 10.1: Definitions
Industrial, Light
Manufacturing & processing operations the immediate-spa--e
GGGupied by the that occur entirely indoors and have limited impacts on surrounding properties,
including, but not limited to, production of the following: food products (i.e. commercial bakery, candy, and
beverages, including bottling); surgical, medical and dental instruments; wood cabinets, furniture and
upholstery: light machinery, including household appliances; toys, sporting and athletic equipment,
excluding firearms and ammunition; and, paper products, such as bags, containers, and cardboard.
Industrial, Medium
Manufacturing & processing operations wheFe Re adveFse iMpaGtS OGGUF beYGRd the beyndaries ef the le
of large finished products, including, but not limited to, the following: heavy household, commercial and
industrial appliances; manufactured homes, recreational vehicles and related components: automotive,
farm, and construction machinery; and, commercial building components.
Industrial, Heavy
Manufacturing & processing operations WheFe Re adveFs I e irnpaGtS GGGUFbey he zeniRg s+r; +
bGunda,=ies with a greater potential to impact surrounding properties, where a majority or large component
of the operation may occur in the open air. Such uses may include, but not be limited to, the following:
asphalt mixing plants', cement manufacturing or processing; commercial food processing (packing and
rendering) plants, including meat, poultry and fish; and, concrete mixing plants. 129
Infiltration
The absorption of stormwater run -off into the ground. Infiltration allows for pollutants to be filtered from
the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into
drinking water supplies.
Institutional Use
A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university,
or government owned or operated building, structure, or land used for public purpose.
Interested Person
For purposes of quasi-judicial hearings an interested person is one who has standing as that term is
defined by applicable North Carolina statutory and case law.
Junk Yard
An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or
dismantled products and articles, such as machinery, vehicles, appliances and the like.
Junked or Wrecked Motor Vehicles
Motor Vehicles which do not display a current license plate or a current registration sticker and which
either: (a) are partially dismantled or wrecked, or (b) cannot be self - propelled or moved in the manner in
which originally intended to move.
Kennel (Class I)
An establishment that maintains more than five but less than 20 animals of any species, excluding
domesticated livestock, for the purpose of showing, competition, hunting, or sport.
Kennel (Class ll)
129 Staff is suggesting that the definitions for the three types of Industrial uses (Light, Medium, and Heavy) be
amended as shown. The existing definitions are somewhat ambiguous as "adverse impacts" can be difficult to
define (and are not defined); for example, is an increase in traffic volume of 20 trips per day "adverse "? Some
people might contend that it is. Staff believes that the proposed definitions more clearly state the intent of the use
type and providing examples of the types of uses adds clarity to the definition
Orange County, North Carolina — Unified Development Ordinance Page 10 -15
Article 10: Definitions 375
Section 10.1: Definitions
Obstruction
Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across, or projecting into any watercourse, which may
alter, impede, retard, or change the direction and /or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
Office Use
A use of property for professional and clerical activities associated with the operation of a business.
Offices & Personal Services, Class 1
Offices and personal services that attract few customers or clients on premises other than employees,
generate low traffic volumes (< 100 trips /day), and have no adverse impacts beyond the space occupied
by the building.
Offices & Personal Services, Class 2
Offices and personal services that generate medium traffic volumes (100 -400 trips /day), and have no
adverse impacts beyond the lot boundaries.
Offices & Personal Services, Class 3
Offices and personal services that generate high traffic volumes (> 400 trips /day), and have no adverse
impacts beyond the zoning district boundary.
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Conservation Areas" and "Secondary Conservation Areas ", as defined in Section 7.13, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Open Space - (land use intensity)
A. 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.
B. Uncovered open space is total gross ,wide,* all30 land area not covered by buildings, plus open
exterior balconies and roof areas improved as recreation space.
C. 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 50% 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 Ratio
The minimum square footage of open space required for each square foot of gross land 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.
Outdoor Lighting, Cutoff Fixture
130 The "land use intensity" system is applicable to both residential and non- residential uses /projects so having the
word "residential" here is incorrect.
Orange County, North Carolina — Unified Development Ordinance Page 10 -27
376
Article 10: Definitions
Spnfinn in 1 - rlcfinitinnc
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.
Remedy a violation
To bring the structure or other development into compliance with State and Orange County laws and
regulations.
Repetitive loss
Flood- related damages sustained by a structure on two separate occasions during any ten year period for
which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of
the market value, or the tax value in the absence of recent comparative sales, of the structure before the
damage occurred.
Research Facility131
A facility which accommodates research and research applications. Such facilities may include
laboratories, offices, and other facilities for research and development, as well as prototype production
facilities for product creation, limited in scale to that necessary to fully analyze the merits of the product.
Facilities may be housed in multiple structures in a cohesive, campus -like design, provided all research
and development activities are conducted wholly indoors.
Reservoir, Class I
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped directly to a treatment plant or to a small
intervening storage basin and thence to a treatment plant.
Reservoir, Class II
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped to a Class I reservoir prior to final entrance to a
water treatment plant.
Residential Development
Buildings for residential use such as attached and detached single family dwellings, apartment
complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages,
storage buildings, and gazebos.
Residential Floor Area
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:
a) Open terraces, patios, atriums, or balconies
b) Carports, garages, breezeways, toolsheds
c) Special- purpose areas for common use of occupants, such as recreation rooms of social halls
d) Staff space for therapy or examination in care housing
e) Basement space not used for living accommodations
f) Any commercial or other non - residential space.
Residential Land Area
All portions of a parcel or tract of land intended to support residential development of any classification
(i.e. single - family, multi - family, etc), including accessory uses, and all land necessary to comply with the
provisions of this Ordinance. With respect to subdivisions and Conditional District projects, this term shall
be construed as including streets located entirely within the residential portion(s) of the development,
131 Research Facility is listed as a use in the Table of Permitted Uses (Section 5.2) but there is not a definition for the
term and staff believes one is necessary since it is riot an immediately obvious type of use
Orange County, North Carolina — Unified Development Ordinance Page 10 -31
Article 10: Definitions 3 %
Section 10.1: Definitions
stenciling of the name of a non - residential establishment and may include hours of operation, phone
numbers, and other pertinent information associated with the non - residential land use.
■ An example of a window sign includes:
Site Specific Development Plan
A plan approved by the Orange County Board of Commissioners in accordance with the Class A Special
Use Permit process 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, Conditional Use Districts, Conditional Zoning Districts, and Preliminary
Subdivision Plats may be approved as Site Specific Development Plans in accordance with the provisions
of this 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.
Solid Waste Disposal Facility
Any facility involved in the disposal of any hazardous or non - hazardous refuses or sludge from a waste
treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges
generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and
other material that is either discarded or is being accumulated, stored or treated prior to being discarded,
or has served its original intended use and is generally discarded, including solid, liquid, semisolid or
contained gaseous material resulting from industrial, institutional, commercial and agricultural operations,
and from community activities.
Solid Waste Disposal Site
Any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method.
Sp en132
The minimurn square feGtage Gf epeR spaGe required feF eaGh square feGt ef fleeF. This area iRG!Udes
°P �
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 days in a 30 -day period or more
than 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:
a) Events of a personal or non - profit, nature such as family reunions and church activities;
132 Staff is suggesting this definition be deleted because it is already located under "Open Space Ratio," which is
how this concept is referred to.
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