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HomeMy WebLinkAboutORD-2012-030 Ordinance Amending the Unified Development Ordinance - Dimensional and Ratio Standards (UDO/Zoning 2012-11) q--al-zotz (, c- Ordinance#: 2012-030 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, Orange County would like to more strongly encourage quality development in its designated growth areas while balancing any adverse impacts to adjacent properties and the environment, and WHEREAS, County staff has conducted a review of dimensional and ratio standards contained in the Unified Development Ordinance and it has been determined that some standards limit development potential in designated growth areas more than necessary to balance any adverse impacts to adjacent properties and the environment, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, 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, 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 that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. 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 seconded by Commissioner A 26yU , , the foregoing ordinance was adopted this day of i A 1.4 1 ) 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 ( Z- , 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. CO f L7 5� Clerk to the Board of Commissioners e Otth far°��� Article 3: Base Zoning Districts Section 3.4: General Commercial Districts SECTION COMMERCIAL DIMENSIONAL AND 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 Front Setback from ROW, limited commercial uses designed to serve a population min. (feet) 15 at the neighborhood and rural level 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. (feet) 15[2] APPLICABILITY Rear Setback, min. (feet) 15[2] Height, max. (feet), if located 25[3] This district will usually be applied where the following outside of a CTAN or CITAN conditions exist: Height, max. (feet), if located 35[3] 1. Site is located within areas designated by the adopted within a CTAN or CITAN Comprehensive Plan as either a Commercial Transition Activity Node(CTAN), a Commercial-Industrial Transition Activity Node(CITAN),a Rural Community Activity Node or a Rural Neighborhood Activity Node. 2. Uses would serve a market area population confined to the immediate area and would generally not serve R-CU commuters or persons outside the surrounding Floor Area Ratio, max., if NR .40 neighborhood. located within a CTAN or CITAN NR-CU .45 Required Open Space Ratio, min., if located within a CTAN .55 or CITAN DIMENSIONAL STANDARDS NOTES: [1]Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. Required Recreation Space R 074 [2]Required side and rear setbacks adjacent to Ratio, min. R-CU 077 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. Required Pedestrian/ NR 20 Landscape Ratio, min. , if located outside of a CTAN or NR-CU .198 CITAN Orange County,North Carolina—Unified Development Ordinance Page 3-20 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts DEVELOPMENT LC-11 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 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. 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. The maximum amount of land zoned LCA 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. Orange County,North Carolina—Unified Development Ordinance Page 3-21 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts DIMENSIONAL D RATIO STANDARDS NEIGHBORHOOD Lot Size, min. (square feet) 2,000[1] COMMERCIAL 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 Front Setback from ROW, limited commercial uses designed to serve a population at min. (feet) 50 the neighborhood and rural 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. (feet) None[2] APPLICABILITY 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(CTAN), Commercial-Industrial Transition Activity Node(CITAN), Rural Neighborhood Activity Node,or Height, max. (feet) 35[3] Rural Community Activity Node. 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, max., if -C 40 located within a CTAN or NR CITAN NR-CU 45 Required Open Space DIMENSIONAL STANDARDS NOTES: Ratio, min., if located .55 [1]Lot size for individual uses shall be appropriate to the within a CTAN or CITAN 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. Required Recreation R .111 [3]Two feet of additional height shall be allowed for one foot Space Ratio, min. R-CU .114 increase of the required front and side setbacks. [4] R=residential, NR=non-residential, CU=conditional use. Required Pedestrian/ NR 19 Landscape Ratio,min., if located outside of a CTAN NR-CU 188 or CITAN Orange County,North Carolina—Unified Development Ordinance Page 3-22 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts DEVELOPMENT NC-2 DISTRICT SPECIFIC DA-D 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 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. 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. 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. 10. 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. Orange County,North Carolina—Unified Development Ordinance Page 3-23 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts DIMENSIONAL r RATIO STANDARDS COMMUNITY Lot Size, min. (square COMMERCIAL feet) 2,000[1] 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 Front Setback from ROW, 50 and service uses designed to serve a county-level market area. min. (feet) Performance standards will be used to insure the absence of adverse impacts beyond the zoning district boundaries of the use. Side Setback, min. (feet) None[2] APPLICABILITY This district will usually be applied where the following Rear Setback, min. (feet) None[2] conditions exist: 1. Existing community commercial type developments on sites that are within areas designated by the adopted Comprehensive Height, max. (feet) 45[3] Plan as a Commercial Transition Activity Node(CTAN)or Commercial-Industrial Transition Activity Node(CITAN). 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. Floor Area Ratio, max., if R-CU .60 3. Use would serve a market area population extending to located within a CTAN or NR major segments of the county and its municipalities. CITAN NR-CU 65 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 Required Open Space uses proposed and the site conditions. Ratio, min., if located .45 within a CTAN or CITAN Required Recreation R .197 DIMENSIONAL STANDARDS NOTES: Space Ratio, min. R-CU 200 [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 Required increase of the required front and side setbacks. Pedestrian/Landscape NR [4]R=residential, NR=non-residential, CU=conditional use. Ratio, min., if located NR-CU .18 outside of a CTAN or CITAN Orange County,North Carolina—Unified Development Ordinance Page 3-24 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts DEVELOPMENT CC-3 DISTRICT SPECIFIC DA-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 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. 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. 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 (CU),or MPD-CZ. 10. 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. Orange County,North Carolina—Unified Development Ordinance Page 3-25 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts GC-4 DIMENSIONAL AND RATIO STANDARDS GENERAL Lot Size, min. (square feet) 40,000[1] COMMERCIAL PURPOSE Lot Width,min. (feet) 75 The purpose of the General Commercial-4(GC 4)District's Front Setback from ROW,min. to provide suitable situated and sized sites that allow a (feet) 35 broad range of commercial, office and service uses. Perfon-nance standards will be used to insure the absence of adverse impacts beyond the zoning district boundary. Side Setback,min. (feet) None[2] APPLICABILITY 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 Height, max, (feet) , if located 45[3] Comprehensive Plan as either a Commercial Transition outside of a CTAN or CITAN Activity Node(CTAN), or Commercial-industrial Transition Activity Node(CITAN). . Height, max. (feet)., if located 60[3] within a CTAN or CITAN 2. Water and sewer mains exist at the site or are to be made available as part of the development process or the lot size for individual uses are appropriate to the method of water supply and sewage disposal. Floor Area Ratio,max., if d within 11 a CTAN or .75 CITAN DIMENSIONAL STANDARDS NOTES: [1]Lot size for individual uses shall be appropriate to the Required Open Space Ratio, method of water supply and sewage disposal. min., if located within a CTAN .40 [2]Required side and rear setbacks adjacent to or CITAN 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. Required [4]R residential, NR=non-residential, CU=conditional Pedestrian/Landscape Ratio, NR use. min.,if located outside of a NIR CI 1 .178 CTAN or CITAN Required Pedestrian/Landscape Ratio, .05 min., if located within a CTAN I or CITAN GC-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1 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 use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 Orange County,North Carolina—Unified Development Ordinance Page 3-26 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts 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 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. Orange County,North Carolina—Unified Development Ordinance Page 3-27 Article 3: Base Zoning Districts Section 3.5: Industrial Districts SECTION A Lot Size, min., per use (square feet), if outside 80,000[1] of a CITAN Lot Size, min., per use (square feet), if within 20,000[1] a CITAN The purpose of the Light Industrial-1 (1-1) District is to provide appropriately located and sized sites for limited industrial uses engaged in manufacturing,processing,creating and assembling Front Setback from NR 50 of goods,merchandise or equipment. Performance standards ROW, min.(feet) NR-CU None will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. This district will usually be applied where the following conditions Rear Setback, min. NR 50 exist: (feet) NR-CU None[3] 1. Site is located within areas designated in the adopted Comprehensive Plan as either a Commercial-Industrial Transition Activity Node(CITAN)or a Rural Industrial Activity Node. Floor Area Ratio, max., if located outside of a .200 CITAN Required Open Space NR .80 DIMENSIONAL STANDARDS NOTES: Ratio, min. , if located [1]Lot size for individual uses Shall be appropriate to the method outside of a CITAN NR-CU 75 of water supply and sewage disposal. [2]R=residential, NR=non-residential, CU=conditional use. [3]Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of Gross Land Area, 80,000/ the adjacent residential district. min./max. NR-CU none [4]Two feet of additional height shall be allowed for one foot (square feet increase of the required front and side setbacks. Required Pedestrian/Landscape .05 Ratio,min. , if located within a CITAN DEVELOPMENT 1-1 DISTRICT SPECIFIC .A-• 1. 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. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 Orange County,North Carolina—Unified Development Ordinance Page 3-34 Article 3: Base Zoning Districts Section 3.5: Industrial Districts 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. 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 procedure outlined in Section 2.16. Orange County,North Carolina—Unified Development Ordinance Page 3-35 Article 3: Base Zoning Districts Section 3.5: Industrial Districts 0 • . ' • •• Lot Size, min., per use 20,000 (square feet) The purpose of the Medium Industrial-2(1-2)District is to provide locations for enterprises engaged in manufacturing, proce ssing, 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: Rear Setback, min. None[2] (feet) 1. Site is located within areas designated by the adopted Comprehensive Plan as a Commercial-Industrial Transition Activity Node. 2. Water and sewer mains exist at the site or be made available -300 IP� as part of the development process. "' � 3W Floor Area Ratio,max. .65 DIMENSIONAL STANDARDS NOTES: Required Open Space 40 [1]R=residential, NR=non-residential, CU=conditional use. Ratio, min. [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. NR -4-84 at+e a�+e NR—G W DEVELOPMENT 1-2 DISTRICT SPECIFIC . • -D 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. 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 Orange County,North Carolina—Unified Development Ordinance Page 3-36 Article 3: Base Zoning Districts Section 3.5: Industrial Districts 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. Orange County,North Carolina—Unified Development Ordinance Page 3-37 Article 3: Base Zoning Districts Section 3.5: Industrial Districts • . ' • .• Lot Size, min., per use 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 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 I None absences of adverse impacts beyond the zoning district bounda . This district will usually be applied where the following conditions exist: Rear Setback, min. None[2] (feet) 1. Site is located within areas designated by the adopted Comprehensive Plan as a Commercial-Industrial Transition Activity Node. 2. Water and sewer mains exist at the site or be made available tJ as part of the development process. Aim—Cl1 468 #14 6Z6 Katie;ra+n. C,I 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 Gross Land Area, 623,144 the adjacent residential district. min./max. NR-CU 80,000/ [3]Two feet of additional height shall be allowed for one foot (square feet) none increase of the required front and side setbacks. Required Pedestrian/Landscape .05 Ratio, min. DEVELOPMENT 1-3 DISTRICT SPECIFIC D• -D 1. 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. 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. 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 wastewaters stems shall be 30,000 square feet for parcels between Orange County,North Carolina—Unified Development Ordinance Page 3-38 Article 3: Base Zoning Districts Section 3.5: Industrial Districts 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. Orange County,North Carolina—Unified Development Ordinance Page 3-39 C. Amendments to Unified Development Ordinance Text— Dimensional and Ratio Standards (UDO/Zoning 2012-11) Perdita Holtz, Planner with Orange County Planning Department, said this item was to consider adopting of UDO text amendments that would amend some of the dimensional and ratio standards in certain zoning districts applicable in commercial transition activity nodes and commercial industrial transition activity nodes. These new ratios would allow for greater intensity of development in areas of the county that are to be served by water and sewer systems or already are served in certain circumstances. These amendments were heard at the May 29th quarterly public hearing and the Planning Board considered its recommendation at the Planning Board's July 11th meeting. The Planning Board unanimously recommended the BOCC adopt the amendments. The Manager's recommendation tonight is for the BOCC to receive the Planning Board's recommendation of approval, to close the public hearing, and to decide accordingly. If BOCC adopts the amendments, the ordinance that would do so is attached in the Board's packets under Attachment 2. There were no public comments. Commissioner Jacobs said he had questions regarding local commercial and neighborhood commercial. He referenced page 3-20 and 3-22 and said it noted the setbacks adjacent to residentially zoned land shall be equal to the required side or rear setbacks in the adjacent residential district. He does not know what those are but for local commercial, which is typically a neighborhood or rural area, and where they're increasing the height of the building, a 35 foot high building is as tall as the tree line. He is concerned if it is at the back of a property adjoining residences it will be like a wall that blocks them off from whatever they have in their neighborhood that they may have wanted to be part of. Ms. Holtz stated she did not have all the setback requirements for all the residential zoning districts with her but most are at least 20 feet. There are not many side and/or rear setback requirements in residential zoning more than that. Commissioner Jacobs said he would not oppose this but suggested they have some drawing demonstrating what a 35 foot high building would look like against a 20 foot setback with a normal residence so they can get an idea of what the impact would be. Ms. Holtz said they could provide that. Commissioner Gordon said she wanted to understand the rationale. When they went through the first ones like I-C-1 and NC-2 and CC-3, looking at the column approximately halfway down, they keep a distinction between RCU and NRCU. However, when they get to GC4, it appears they get rid of the NRCU. She understands this was done because it's no longer necessary to differentiate between those categories and it is okay to have one number. Ms. Holtz referred the Board to the zoning matrix in the comprehensive plan on page 30 of their packets. She said LC-1 and NC-2 zoning districts are allowed in a rural community and rural community activity node whereas GC-3 and CC-4 are not. Therefore, these are treated differently in the dimensional standards. Commissioner Gordon thanked her for the clarification. A motion was made by Commissioner McKee, seconded by Commissioner Hemminger, to close the public hearing and adopt the ordinance contained in Attachment 2 which authorizes the text amendments. VOTE: UNANIMOUS d. Zoni_nciAtlas Amendment—Woods Rezoning Michael Harvey with the Orange County Planning Department stated their request was to change the zoning on a parcel on Highway 70 owned by the Woods from Rural Residential (R1) to Neighborhood Commercial (NC2). He referenced a map on the overhead which was also a part of Attachment 2 in the packets. This showed the abstract of the area to be rezoned. This item was presented at the May 29th public hearing where the Staff informed them the property is currently in a split zone with some zoned Rural Residential and some zoned NC-2. The problem this creates for the property owner is that technically, setback landscape buffer requirements, parking requirements, and septic setback requirements, are all taken from the zoning lot line. The huge problem is having these two properties conform to applicable