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Home My WebLink AboutORD-2012-015 Amendments to Unified Development Ordinance (UDO/Zoning 2012-01)Ordinance #:2012-15 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, Orange County would like to broaden the development options in the designated growth areas of the County, and WHEREAS, County staff has conducted a review of development regulations contained in the Unified Development Ordinance and it has been determined that some development regulations limit development potential in growth areas intended for economic development, and WHEREAS, the County has found the proposed text amendments to be reasonably necessary to promote public health, safety and general welfare and to achieve the purposes of the adopted Comprehensive Plan, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and WHEREAS, pursuant to North Carolina General Statute 153A -341 and Section 1.1.7 of the Unified Development Ordinance, the Board of Commissioners of Orange County has found the proposed text amendments to be consistent with the goals and policies of the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County, North Carolina, that the Unified Development Ordinance of Orange County is hereby amended as follows: RED = Proposed Text #- -e`r"^�%� = Deleted Text REMAINDER OF PAGE INTENTIONALLY LEFT BLANK BE IT FURTHER ORDAINED that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner f seconded by Commissioner the foregoing ordinance was adopted this day of 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on (iktJ l , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2012. moo\ ¢C aro ` . Clerk o the Bo rd of ommissioners Article 5: Uses Section 5.2: Table of Permitted Uses w • . • • � •- � ; �p � a , ; �, � . , , � �r � �� .� _. �.. • �um,�� " �eT�.:,,; . ' _ . . • . « _ � . y� . . r ; •- i�>5 .��,�- IE s .,.�j':'d��'";e- e� II� ,, r l� �°�'a:. :.f�t.m�v � '"i ,. �' �� • #Shall be noted on Zoning Atlas as"Zoning DistricY'—CU (e.g., EDB-2-CU) • Furniture and home furnishings � • • Hardware, plumbing, and heating � � e ui ment and su lies • Lumber and other construction materials � • • Machinery,equipment, and supplies " � • Sporting, recreational, photographic, and � � hobb oods; to s and su lies Non-Durable Goods(see listing below) • Apparel and piece goods � � • Beer,wine, and distilled alcoholic � � bevera es • Groceries and related products ` * • Paper and paper products * * • Pharmaceuticals and cosmetics * * MIS�ELLANEOOS Accessory uses * * � * Historic buildings for non-residential/mixed use A A A A Orange County,North Carolina—Unified Development Ordinance Page 5-19 Article 5: Uses Section 5.2: Table of Permitted Uses - • � • • � s• � ` '°W�, � �� Y m `Y � �-, s � I, ♦��:- r � � • ��.. � � rs-� ��• r x � � � � • � �.�; � • #Shall be noted on Zoning Atlas as"Zoning DistricY'—CU(e.g., EDB-2-CU) Other Services(Hillsborough EDD only) * � � ,a� TRANSPOR�'ATION '�� ' � Bus terminals and garages C# ' Elevated water storage tank (Permitted as accessory use without Special Use B B B * * Permit Postal and parcel delivery services * � Public utility stations and sub-stations, switching A A A A * * stations, and tele hone exchan es Radio and television transmitting and receiving B B B � towe rs Rail/bus passenger shelter * * � • � Storage and warehousing, inside building ' * Storage of goods, outdoors � � (Accesso onl and sub�ect to screenin ) Surface and structure parking as principal use (When associated with a local or regional , � � transportation goal such as mass transit or park- and-ride Transmission lines B B B B Transportation and Warehousing (Sector 48,49) * Water and sanitary sewer pumping stations * * � " * * WHOLESALE TRACIEI� Wholesale Trade(Sector 42) Durable Goods(see listing below) _ • Automotive parts and supplies(In an * „ enclosed buildin • Electrical goods * � Orange County,North Carolina—Unified Development Ordinance Page 5-18 - -- - Article 5: Uses �� Section 5.2: Table of Permitted Uses „ _ • . • • r •. � w, � n � i f,�� 4x,�,�:�� , � �. `�'_ �; ,:1 �, „�:�� .� �e -, � � � � # �, � z� y,^., „ . , �_ �v w� ,� „ ,,, „ � a,; � +�, � � � �a c �t�: -��s `� ��_� �"';= 4,�,� ' •' � 6 a ""i � �, �?�ra�'t� �• � t • : s ° r � a�,. �_�` � r � #Shall be noted on Zoning Atlas as"Zoning DistricY'—CU (e.g., EDB-2-CU) Golf driving and practice ranges * � Health Care&Social Assistance(Sector 62) � * � * Health services, including doctors and dentists �� , offices, and medical and dental laboratories Hotels and motels " C# * * * * Indoor theaters � C# " ` ' * Large day care home � B * " Laundry, dry cleaning, and shoe repair services S#" C# * * Libraries S#* C# * ' Management of Companies&Enterprises(Sector „ * � � 53 Motor vehicle maintenance and repair(body shop) C# ' Other offices and personal services;e.g., attorneys, watch and jewelry repair, computer programming and data processing, employment �� and travel agencies, advertising agencies, and accounting, engineering, architectural, and surve in offices Professional, Scientific&Technical Services � , � � Sector 54 Recreational facilities(Non-Profit) C# C# C# C# Recreational facilities(Profit) C# C# C# C# Repair service,electronic and appliance C# C# * � Research facility * * Schools,dance, art,and music ' C# * * Schools,elementary, middle, and high G#A A � Schools,vocational C# C# * Orange County, North Carolina—Unified Development Ordinance Page 5-17 - I Article 5: Uses Section 5.2: Table of Permitted Uses ��',,,a�' ' • i • •' � •' � � �¢ �� i�o;/N � . . — o s�,�, � „y '""' s a u��;a�� e ;�^ , ��s , . . , , . .. ' . . � . - „ . . r '�� _ _ ° . . . ,^�... ,6' . ,,�, �. ,h.. � L ' s.. . �z''�'�� "� r'` ::e L' 9 ! .� ?i �t .":+R'k �• � r x r ° � _ •. s a r � • #Shall be noted on Zoning Atlas as"Zoning District"—CU(e.g., EDB-2-CU) Retail Trade(Sectors 44,45;excluding Subsector 454 Non-store retailers)(Only Hillsborough EDD throu h Conditional Use District or MPD-CZ Retail trade,sales and rental of durable and convenience goods, merchandise, and equipment, . C# * including mail order houses, in a separate, free- standin buildin Retail trade, sales and rental of durable and convenience goods, merchandise, and equipment, including mail order houses,when located in a " � * service building, court or plaza, or enclosed mall consistin of multi le uses. SERVICES ' Accommodation and Food Service(Sector 72) (Eating and drinking establishments are permitted � , only as accessory use to hotel, motel or restaurant; Hillsborou h EDD onl Administrative&Support Services(Sector 561) � � • � Art/photographic studios G#� C# � * Assembly facility-300 or more person capacity C# � Assembly facility-less than 300 person capacity C# " Beauty and barber shops S#� ' � * Churches * * * * Clubs and lodges, and social, fraternal, and union C# C# C# C# clubhouses Community center A A A A Day care facility B B ' * Educational Services(Sector61) Funeral homes C# C# * Orange County, North Carolina—Unified Development Ordinance Page 5-16 Article 5: Uses Section 5.2: Table of Permitted Uses . " . ' � �. � _ • . e�� m�•< �- °�, ��' � r, ` w 'Y �� , '�. '3 r;4� �' � b ' " �t?I s ^ , ; . . ��S t ..� d;. �0 ,� �,y�r i a.:a s. � . �; - : s*'�,�`��+� � �'� . _ a S? � �,a f y,�� ' . t:`� ��` t-- � � • � � -��a :k��,� i• s,�� : r � � � � �,�: � � r #Shall be noted on Zoning Atlas as"Zoning District"—CU (e.g., EDB-2-CU) Dwelling, single-family =' * * Dwelling,two-family -' * • Dwelling, multi-family(6-12 units per acre in the �, , � Hillsborou h EDD - Dwelling, multi-family(6+units per acre as part of mixed use development; maximum of 25°/o of * develo ment s uare foota e Dwelling, multi-family(6+units per acre) C# Dwelling, mobile home(For replacement of �, „ existin mobile home - Temporary mobile home(For custodial care) � B B B Temporary mobile home(For occupancy during construction of permanent residential unit and for ,i � � 30 days after issuance of Certificate of - Occu anc RETAI� Farm equipment sales C# � Motor vehicle service station C# C# ' Motor vehicles, new and used,sales and rental C# C# * Nightclubs, bars, and pubs (Only as accessory use to hotel, motel or ' ' * restaurant Restaurants(carry-out, and general)when located in a service building, court or plaza, retail store, or * * � enclosed mall consistin of multi le uses Restaurants(carry-out,�+ve-i�and general)in a � C# * se arate, free-standin buildin Restaurants(drive-in) in a separate,free-standing C# C# * buildin � *in Table denotes use currently permitted by right that is proposed to no longer be permitted by right in a particular zoning district Orange County,North Carolina—Unified Development Ordinance Page 5-15 Article 5: Uses Section 5.2: Table of Permitted Uses ° . s • • m o� t '�9 �� „��,i _ � ��;.. . _ y. t ;y �� . ..� d ► � �rqs ,�./� y ,,:� s� " r . � W _ , . . . . . .. ,, , ., � ,�� ,w • . � rk� S' , , _ �/ v. - ' °>G� .^'� t • " be , , . .,� � �t�,_=..,�: , . . ,.i9e, , '.`, - , , �,. ; � _a�- . ... _. .4= � � �• �� t a.��,��> '.-�Y N s- r° � • r e -x� � � #Shall be noted on Zoning Atlas as"Zoning DistricY'—CU (e.g., EDB-2-CU) Rubber and Plastic Products(see listing below) ' • Miscellaneous plastic products;e.g., � x lastic i e, acka in materials,etc. • Rubber and plastic footwear x * • Rubber and plastic hose and belting * • Stone, Glass, Clay, and Concrete Products(see listin below • Cut stone products C# C# • Flat glass * * • Glass and glassware * * • Pottery and related products ' * Transportation Equipment(see listing below) • Miscellaneous transportation equipment; � � e. ., motor vehicle com onents • Motorcycles, bicycles, and parts * * Miscellaneous Manufacturing Industries(see listin below) • Jewelry and silverware * • • Miscellaneous manufacturing industries; e.g., costume jewelry, novelties, buttons, * * etc. • Musical instruments ' � • Pen, pencils, office, and artist supplies � * • Toys, sporting, and athletic goods * * R EC R EATION Arts, Entertainment& Recreation (Sector 71) � RESIDENTIA� Orange County, North Carolina—Unified Development Ordinance Page 5-14 Article 5: Uses Section 5.2: Table of Permitted Uses �; - . � • • r • � ,,,,,, . �� ,�. �+ ��. ,;.^ - a e� �r � ,� , _;�� ,�� i � t } k, r �� :� aT�'f�. F '�"t.';��e,'h�.-f,4`. � �� $h e f' �� ..y � I)Y �i�`0 C •/ , I . � � � a � � � � � M � � #Shall be noted on Zoning Atlas as"Zoning DistricY'—CU (e.g., EDB-2-CU) • Miscellaneous food preparation; e.g., coffee roasting, condiments, " � confectiona roducts, etc. Industrial Machinery(see listing below) • Engines and turbines * * • Farm/garden machinery and equipment � • • General industrial machinery and equipment; e.g., purification equipment, ` * ball and roller bearin s,etc. • Metalworking machinery and equipment * * • Office, computing, and accounting � , machines • Special industrial machinery; e.g.,textile „ � machine Instruments(see listing below) • Measuring, analyzing, and controlling � � instruments • Photographic, medical, and optical goods � * • Watches and clocks * * Paper Products(see listing below) • Converted paper and paperboard � , roducts • Paperboard containers and boxes * * Furniture and Fixtures(see listing below) • Household and office furniture " * • Miscellaneous furniture and fixtures * * Pharmaceutical Products * • Printing and Publishing Establishments * * Orange County, North Carolina—Unified Development Ordinance Page 5-13 - . Article 5: Uses Section 5.2: Table of Permitted Uses . . . • r •. � � �� r , ` '��il�i� d, � ;j�, k`� �"� u� ,'� ��4�1� • � o ,� s $�6'� r� � � � t- � ■ • �� .`�� `,� ,x �� rts -a: � - ! C )C � ! � i 'f. � � � #Shall be noted on Zoning Atlas as"Zoning DistricY'—CU (e.g., EDB-2-CU) Public Administration(Sector 92) � INFORMATION ,�$'dj�!�, „a ' Information(Sector 51) � MANUFqCTURING,ASSBMB�:Y H�PROCESSING Manufacturing (Sector 31-33)(Hilisborough EDD onl ; all activities must be wholl within buildin ) Electronic Equipment(see listing below) • Communications equipment * * • Electric lighting and wiring equipment * * • Electric transmission and distribution � • • Electrical industrial apparatus ' * • Electronic components and accessories " * • Household appliances � * • Radio and television receiving equipment * • Fabricated Metal Products(see listing below) • Cutlery and hand tools " • • Fabricated structural metal products • � • Heating equipment,except electric and . � warm air; and lumbin fixture • Metal cans and shipping containers ' * • Nuts, bolts, screws, rivets, and washers * � Food Products(see listing below) • Bakery � * • Bottling plants * * • Dairy ' * Orange County,North Carolina—Unified Development Ordinance Page 5-12 Article 5: Uses Section 5.2: Table of Permitted Uses . 5.2.2Table of Permitted Uses—Economic Development Districts • . •� o� r s• r q�� . I ,> ��s� *` M, ; . . ^�"� �. GrP . .a � � �,�r�r ` ��i�ii 6 z ,�v ��`,' � - r v r , � � �.� � i � 'r �;, r ��` r �� m a t `�z,,� �� a Y ; �°� ', s- � • • �� 'n�,. �.:,,�� a e r� .:�.�., • c s � �r � , � �:: � r � #Shall be noted on Zoning Atlas as"Zoning DistricY'—CU (e.g., EDB-2-CU) AGRICULTURAL USES ' Animal hospital/veterinarian C# C# • Kennel,Class I C# ' Kennel,Class II g g GONSTRUCTIdN � :. . : Building contractors * • Construction (Sector 23)(Hillsborough EDD only; � all activities must be wholl within buildin Plumbing, heating, electrical, and similar trade � � contractors FINANCE Banks, savings and loans, and credit unions _ ' � • Credit agencies and institutions G#* * * * Finance&Insurance(Sector 52) * * � Insurance carriers and agents S#� * * � Real estate agents and brokers �#* * * � Security and commodity brokers, and investment �� „ offices GpVERNMEN7 Governmental facilities and office buildings „ � , , , � � � � Includin solid waste collection centers) Governmental protective services(Police and fire stations, rescue squads, and volunteer fire * * * * � • � � * de artments Parks, public and non-profit * * * � * * � • � Orange County, North Carolina—Unified Development Ordinance Page 5-11 Article 5: Uses Section 5.2: Table of Permitted Uses . • • � 5.2.1 Table of Permitted Uses—General Use Zoning Districts • . . . � � -„ �,� . - � . � - . ¢ ,�u�� ,, �,��y, i��. A_' ��. � q; �r,� � � � Use may not be permitted as a Conditional Use District; N�•�+ff+��c�s;�.y,,,-�e�„++�-.;;:,,�;�LSU�,;�:,�-;��,;ei�u++-�u;��- _-�, - -,� �� See Section 5.1.4(E) AGRICULTURAI�USES " Agricultural Services Uses * * Commercial Feeder Operation� � � _ Farm Equipment&Sales— * � � � � Feed, Seed, Storage& Processing� • � � Riding Stables� B B B g g g Stockyards� _ CH�a��Cqa�&��EnucarioNA�.Fnci�ines �� ,a�' ,.� Center in a Residence for 3 to 12 Children * " ' � � ' * * � � * * • * Child Care Facilities B B B B B g g g g � * ' * � * Libraries * • � � * Non-Profit Educational Cooperative A Schools: Dance,Art&Music * � * • * * Schools: Elementary, Middle&Secondary A A A A A A A A A A Schools: Vocational * * * * � Universities, Colleges& Institutes * ' � * * * CpMMERGfAL USES Banks&Financial Institutions * * * * * Beauty&Barber Shops � * � * * Bed& Breakfast � ' * Orange County, North Carolina—Unified Development Ordinance Page 5-5 Article 5: Uses Section 5.1: Establishment of Use Reaulations (ee) Waste Management Facility; Hazardous & Toxic, and (ff) Wholesale Sales. Orange County, North Carolina — Unified Development Ordinance Page 5 -4 Article 5: Uses Section 5.1: Establishment of Use Reaulations (i) Military Installations (National Guard & Reserve Armory), 0) Residential Hotel (Fraternities, Sororities, and Dormitories), (k) Riding Stables, (1) Sawmills, (m) Stockyards, and (n) Waste Management Facility; Hazardous & Toxic (2) For all land use classifications other than the Commercial - Industrial Transition Activity Node or Economic Development Transition Activity Node, the following uses shall not be considered or approved as a Conditional Use District: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Bus Terminals & Garages, (c) Class 11 Kennels, (d) Commercial Feeder Operation, (e) Crematoria, (f) Drive -In Theaters, (g) Extraction of Earth Products, (h) Farm Equipment & Sales, (i) Feed, Seed, Storage & Processing, 0) Funeral Homes, (k) Health Services: Over 10,000 square feet, (1) Hospitals, (m) Hotels & Motels, (n) Industrial, Light, (o) Industrial, Medium, (p) Industrial, Heavy, (q) Junkyards, (r) Landfills (less than 2 acres), (s) Landfills (2 acres or more), (t) Military Installations (National Guard & Reserve Armory), (u) Motor Freight Terminals, (v) Motor Vehicle Maintenance & Repair (Body Shop), (w) Motor Vehicle Repair Garage, (x) Petroleum Products: Storage & Distribution, (y) Research Facility, (z) Residential Hotel (Fraternities, Sororities, and Dormitories), (aa) Riding Stables, (bb) Sawmills, (cc) Stockyards, (dd) Storage of Goods, Outdoor, Orange County, North Carolina — Unified Development Ordinance Page 5 -3 Article 5: Uses Section 5.1: Establishment of Use Regulations (C) In addition to the listing of such uses, the Board of County Commissioners intends that the general standards and the more specific requirements established herein, shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon application or the approval of Special Uses. (D) It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. (E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove There are hereby established the following classes of Special Uses which shall be approved or disapproved as shown: (1) Class A - Approved or disapproved by Board of County Commissioners (2) Class B - Approved or disapproved by Board of Adjustment 5.1.4Conditional Uses (A) The Board of County Commissioners is mindful of its responsibility to protect the public health, safety and general welfare of the residents of Orange County and intends to encourage development within the County consistent with that purpose. (B) The Board of County Commissioners also recognizes that certain uses are appropriate for development in Orange County but their location and site development specifics cannot be predetermined or regulated through the use of a general zoning district designation and conventional standards. (C) Conditional Uses and Conditional Use Districts are hereby established and shall be reviewed in accordance with the provisions of this Ordinance. (D) Permitted Uses (1) Any use listed as Permitted by Right or by Special Use Permit on the Table of Permitted Uses may be approved as a Conditional Use within a Conditional Use District, unless expressly excluded in Section 5.1.4(E) of this Ordinance. (2) Permitted uses are subject to all general and specific standards of approval for that use, as established within this Section. (E) Exclusions' (1) Unless otherwise noted in Section 5.2, the following uses shall not be considered or approved as a Conditional Use District within the Commercial - Industrial Transition Activity Node or Economic Development Transition Activity Node land use classifications, as designated by the adopted Comprehensive Plan: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Class II Kennels, (c) Commercial Feeder Operation, (d) Crematoria, (e) Extraction of Earth Products, (f) Junkyards, (g) Landfills (less than 2 acres), (h) Landfills (2 acres or more), ' Proposed changes to text shown in red - line /strikethrough format; formatting changes are not Orange County, North Carolina — Unified Development Ordinance Page 5 -2