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HomeMy WebLinkAboutORD-2012-001 Ordinance Amending the UDO Class II Kennels/Riding Stableso i2~J- zn~,7- oc~ ! } •-~~'1~ ora~nan~e #: 2011-036 Co~rected ~ ~' AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, there is a need to review and, as necessary, revise existing land use regulations over time, and WHEREAS, the Orange County Planning Director is authorized to initiate text amendments, and WHEREAS, there is a concern over the combination of dog kennels/boarding facilities and riding stables into a single land use category, and WHEREAS, the amendment is necessary to allow for a comprehensive re- assessment of existing development standards for both land uses, and WHEREAS, the County has held the required public hearing and has found the proposed text amendment is consistent with the adopted Comprehensive Plan, and WHEREAS, staff discovered an error with the original Ordinance, specifically Ordinance 2011-036 adopted on October 18, 2011, concerning the review and processing of Class I Kennel operations, and WHEREAS, this Ordinance addresses that error. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance (UDO) of Orange County is hereby amended as follows: RED = Proposed Te~ ~+I~~ or double underline= Deleted Text Section 1. That Section 5.1.4(E) - Conditional Uses Exclusions be amended as follows: (E) Exclusions: The following uses shall not be considered or approved as a Conditional Use District: (1) Airports, General Aviation, Heliports, S.T.O.L, (2) Bus Terminals & Garages, (3) Class II Kennels ' , (4) Commercial Feeder Operation, (5) Crematoria, (6) Drive-In Theaters, (7) Extraction of Earth Products, (8) Farm Equipment & Sales, (9) Feed, Seed, Storage & Processing, (10) Funeral Homes, (11) Health Services: Over 10,000 square feet, (12) Hospitals, (13) Hotels & Motels, (14) Industrial, Light, (15) Industrial, Medium, (16) Industrial, Heavy, (17) Junkyards, (18) Landfills (less than 2 acres), (19) Landfills (2 acres or more), (20) Military Installations (National Guard & Reserve Armory), (21) Motor Freight Terminals, (22) Motor Vehicle Maintenance & Repair (Body Shop), (23) Motor Vehicle Repair Garage, (24) Petroleum Products: Storage & Distribution, (25) Research Facility, (26) Residential Hotel (Fraternities, Sororities, and Dormitories), (27) Ridinq Stables (2~~ Sawmills, (2~9) Stockyards, (~930) Storage of Goods, Outdoor, (39~ Waste Management Facility; Hazardous & Toxic, and (3~~ Wholesale Sales. Section 2. That Section 5.2.1 Table of Permitted Uses - General Use Zoning Districts be amended as follows ** Staff Note: Only those districts where the use is allowed are denoted. Other districts where the use is not permitted are not denoted within this amendment ** Apricultural Uses RB AR R1 CC3 GC4 AS Agricultural Service Uses Commercial Feeder Operations Farm Equipment &Sales Feed, Seed, Storage, & Processing Ridinq Stables B B g g g g Commercial Uses RB AR R1 CC3 GC4 AS Kennels , Class II ~ Q~~~^^ c+.,h~o g g B B B B Section 3. That Section 5.2.1 Table of Permitted Uses - General Use Zoning Districts be amended as follows: *'~ Staff Note: Only those districts where the use is allowed are denoted. Other districts where the use is not permitted are not denoted within this amendment ~* Commerciai Uses RB AR R1 CC3 GC4 AS ~ ..~El~s ,-''o;,aT~ * * * * * * Miscellaneous Uses RB AR R1 CC3 GC4 AS Historic Sites Non-residential/Mixed Use Kennels, Class I * ~ ~ ~ * * Section 4. That Section 5.2.3 Table of Permitted Uses - Conditional Uses be amended as follows: ** Staff Note: Only those districts where the use is allowed are denoted. Other districts where the use is not permitted are not denoted within this amendment'~* Agricultural Uses MPD-CZ MHP-CZ Agricultural Service Uses Commercial Feeder Operations Farm Equipment &Sales Feed. Seed. Storacte, & Processinq Riding Stables Commercial Uses MPD-CZ MHP-CZ Kennels , Class II ~ p~~~nir c+~h~e~ Section 5. That Section 5.6 Standards for Commercial Uses be amended as follows: 5.6.5 ICe~nr~el~+ ~r ~irlir~M Cf~Aloc. / Ai.~+rle~w~ie~c. Kennels (Class II) (A) Standards for Class B Special Use Permit (1) Submittal Requirements - In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all kennels, ~a~-exercise yards~ ri~Jinrr -,~on.,.., dog runs, pens and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (2) Standards of Evaluation - (a) The site is of adequate size to protect adjacent properties from adverse effects of the kenne (b) No part of any building, structure, doQ run, pen, or exercise vard ~wa~ er r;,~;^^ ^r°^~, in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the kennel. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (c) Any kennel, includinq primary enclosures or runs which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height, . (d) The site plan shows parking, access areas and screening devices for all buildings and animal boarding facilities existinq or proposed for the ro ert . (e) The site plan shall be reviewed by the Orange County Animal ~e~e1 no,,,,+,,.,o„+Services Department, and found in conformance with ~es#~e~~the Animal Control Ordinance. (fl Building plans for all kennel facilities shall be reviewed and approved by the Oranqe County Animal Services Department prior to issuance of any building permits. (g) A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names, addresses, and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night. The sign shatl comply with dimensional requirements as set forth ;n,,--~~sn^on--~.'~~--~--n ;~ ~a-psewithin this Ordinance. ~h~ ~r~ ..,,,r a h„ +ho n,,;.,, A Class II Kennel Permit shall be obtained from Oranqe County Animal Services a-S~a~~s ~al-within the first 30 days of occupancy. Failure to obtain and maintain a valid Class II Kennel Permit or other related permits which may be required by the USDA or Wildlife Resources Commission will result in revocation of the Special Use Permit. 5.6.6 Ridinq Stables !^~~~'°.~`:„,T:~ (A) Standards for Class B Special Use Permit (1) Submittal Requirements - In addition to the information required by Section 2.7, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all '-°^,~, ^~; barns, boardinq facilities, exercise yards, riding arenas, pe+~s-and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (2) Standards of Evaluation - (a) The site is of adequate size to protect adjacent properties from adverse effects of the ~°^,~ ~,~;-~riding stabl~~°^°,~~. (b) No part of any building, structure, exercise vard, ~-~a-~ or riding arena, in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the ~~e~facility. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. , onnl~~~ ~ro~ ~r n mo v~ ~v~vvuiuv vi-T'qTTaT, (~~ The site plan shows parking, access areas and screening devices for buildings, ridinq arenas, and a~i~ boarding facilities. App~'T~^~°n~^~~'ri. ~r+nar~rri+rR_c.~t'~~7X~X ~f +ho Anim I (~~n+r~I vv~~ crvi ~~~.. (g~ A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names, addresses, and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with dimensional requirements as set forth ,,, ce,.+,,,., a ~~..f +~;~.Within this Ordinance. ~ 6~ a'~}6~'-F~~#t~ i narrra'rrv-rmrr~}c.. i.-. ~~ • q-+o~~ ~-rT~c°c~-irnr°~r~- ° r~~' rt~n}--`~ptr- 5.6.6--7 Bed and Breakfast 5.6.~8 Bed and Breakfast Inn 5.6.~--9 Countrv Inn Section 6. That Article 10 Definitions be amended as follows: Kennel (Class I) °~~T~;~"m~~-~"~* m^~^+~~^cThe keeping of more than #+v~six but less than 20 animals of any species, excluding domesticated livestock, on a parcel of property for the purpose of showing, competition, hunting, or sport. All animals shall be owned bv the propertv owner. Kennel (Class II) An establishment involving animals of any species, excluding domesticated livestock, engaged in any of the following: a) The 9owning or keeping, for any purpose, of 20 or more animals; b) The ~selling and/or training of guard dogs or security dogs; c) The keeping of more than five animals at any given time for the purpose of breeding, boarding, or rehabilitation. The operator of a Kennel (Class II) shall be allowed to reside on the property to ensure the continuous care of the animals ke t on-site. Riding Stable A commercial facility where horses are sheltered, fed, groomed, boarded, trained ridden, or a~ bred. Typical accessory uses may include riding instruction, horse shows and auctions, a tack shop, and storage of feed and supplies. The operator of a riding stable shall be allowed to reside on the propertv to ensure the continuous care of the animals kept on-site Section 7. That this ordinance be placed in the book of published ordinances. Section 8. This ordinance is effective upon its adoption. Upon motion of Commissioner __~day of I, Donna S. , seconded by , the foregoi g ordinance was adopted this 2012. Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing nd that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this , 2012. ~~~~~ II ~F~~~~:, ~~~ ~x~,~, F~~ ~ ~~ ~e ~ ~~ ~ f ~+~J~'~~{ai ~ ~ ~ ~ ~w ~ -`~~! ai ~,~: ~~~ ~.~ $~ z`~ ~.~~~-X ~~ 1 ~i~ S3.a3 ~~~ j~ ~-r- ~x, ~~ ~?',r,~(, {~S-~~,y~~ ~~v ~ i`a°"'?S.iv' ti, ~.. ~:; J ~ ~, ~ ~~~ ~. .~a ~.~,~,~ . ~~~'s ~K . ~` ~ ~ .~-~"~, ~ day of Clerk to the Boar of Commissioners i~ ~y-/~ O,t.,° ~J - ~a / ~ - o a / v~Y r_ Correction to Ordinance 2011-036 - Class II Kennels/Ridinq Stables The Board considered adopting a revised Ordinance amending the UDO to correct a staff error. Commissioner Gordon said that this has been presented by staff as a correction. She pulled it to vote against it because she does not agree with the ordinance the way it is worded. Following are her comments and staff responses: Class ll Kennels P/ease clarify the meaning of the text shown in red. It appears to mean thaf all of this text in red is fo be changed, in addition to what was changed on October 18, 2011. Also, please provide a copy of the following attachment for fhe October 18 meeting, along with any other materia/ needed to show what the BOCC approved on October 18. Aftachment 5- UDO Ordinance Amendment - Ifem 7-c on the October 18, 2011 BOCC Agenda. With respect to kennels, staff is asking the BOCC to readopt a corrected ordinance amendment, which is why all changed text is denoted in RED. The only change from October 18th document, as denoted in the January 24tn abstract, is to Section 3 of the Adopted Ordinance, specifically the method of denoting the various general use zoning districts where Class I kennels are allowed. Staff had erroneously used the letter `B' to denote the various general use zoning districts where this type of use was allowed. The result of the error was that it had changed the permitting process for Class I kennels from permitted by right (i.e. an asterisk "*") to a Class B Special Use Permit (i.e. `B'). Attached is a copy of what was acted upon by the BOCC on October 18, 2011 for reference purposes as requested. A motion was made by Commissioner Foushee, seconded by Commissioner Yuhasz to adopt the corrected Ordinance amending the UDO as detailed by staff. VOTE: Ayes, 6; No, 1(Commissioner Gordon) 7. Public Hearinps a. Orange Co. CDBG Proqram - FY 2010 Scattered Site Housinq Rehabilitation Proqram Amendment The Board received public comments regarding a proposed amendment to the County's FY 2010 Housing Rehabilitation Community Development Block Grant for the Scattered Site Housing Rehabilitation Program and considered approving a resolution authorizing submission of the formal contract and authorizing the Chair to sign subject to final approval by the County Attorney. Tara Fikes said that this public hearing is for the proposed amendment to the County's 2010 Housing Rehabilitation Community Development Block Grant for Scattered Site Housing Rehabilitation. In October 2011 the County was invited to participate in Phase 2 of the State's Community Capacity Building Program as a lead county in its efforts to expand this program statewide. The State created this program to provide small towns and counties the resources and tools they need to access community development resources. Four counties were identified to participate in this program - Buncombe, Edgecombe, Orange, and Yadkin. The State will provide an additional $600,000 in CDBG funding that will be used to further the capacity of the County in the areas of education, technology, and services. The State would like the County to do this in partnership with the North Carolina Sustainability Center.