HomeMy WebLinkAboutORD-2001-023 Rural Guest Establishments Zoning Ordinance Amendments 0 C'zqj -
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Bold= Proposed Text
StFikethGugh= Deleted Text
Section 1, Amend Article 22'Definitions by creating four(4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
Bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestrooms may range from four(4) to no more
than eight(8) twelve (12). The establishment shall not contain restaurant facilities, but,
may provide food service for transient guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and a full-service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four(4) to no more than twenty-four(24). The restaurant
shall contain no more than sixty (60) seats. (Class A SUP)
Section 2: Amend the Detailed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed & Breakfast (Zoning Permit)
Bed & Breakfast Inn (Class B Special Use Permit)
Country Inn (Class'A Special Use Permit)
8.8.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
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Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14 Rural Guest Establishments
H14A Bed & Breakfast
H.14B Bed & Breakfast Inn
H 14 Country Inn
Section 4: Amend Article 8 Special Uses to read as follows:
8.8.28 Rural Guest Establishments
8.8.28.1 Intent
a) The intent of the Rural Guest Establishments land use category (H14) is
to provide opportunities for tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used for Rural Guest Establishments shall be
eligible for a partial waiver of the land use buffer requirements along
rights-of-way.
The Rural Guest Establishments use consists of the following three
subcategories based on intensity of use and permitting requirements.
H14A Bed & Breakfast (Zoning Permit) *
H14B Bed & Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
*Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance, and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
8.8.28.4.
8.8.28.2 Additional Information
(Additional Information requirements are listed per subcategory.)
Bed & Breakfast (H14A)
The following information shall be supplied.as part of the application:
a) A site plan, as specified by Article 14, shall contain the following:
(Per Section 14.2.1 e. professional design and certification is not required
for Rural Guest Establishments with three (3) guestrooms or less—bed &
breakfasts.)
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all on-site signage.
3) Boundaries of the site.
4) Location of well and septic system.
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b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon.
C) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
d) Landscape plan, at.the same scale'as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified;
showing an "existing tree line"is often sufficient for large lots,
where the bulk of the property remains wooded.)
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
i) Any bed & breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require-a
Certificate,of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
historic sites shall provide a description of how the historical style and
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character of the building and/or property is to be enhanced through the
project.
Bed & Breakfast Inn (1-111413)
Country Inn (H14C)
In addition to the information required for Bed & Breakfasts established above
(items a) 1-3, and b)through k)) the following shall be supplied as part of the
application for Bed & Breakfast Inns and Country Inns:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
4) Boundaries of the site and distance from the to nearest residential
structures.
8.8.28.3 Standards of Evaluation
(Standards of Evaluation are listed per subcategory.)
Bed & Breakfast(H14A)
The following specific standards shall be used in deciding on an application for
this use:
a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
C) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
d) The site is served by direct access to a State-maintained road, or has
legal access to 6 public road by way of a recorded easement.
e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
g) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b) to determine applicability of this Section).
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This use is to be a Zoning Permit in the following districts*:
AR - Agricultural Residential
R1 — Rural Residential
RB— Rural Buffer
*Bed & Breakfast (H 14A) establishments containing no more than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed & Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
h) The site plan meets all requirements specified in sub-sections 8.8
and 8.8.28.2.
i) The site is served by direct access to a State-maintained road.
This use is to be a Class B Special Use Permit in the following districts*:
AR - Agricultural Residential
R1 — Rural Residential
*Bed & Breakfast Inns (H14B) containing between four(4) and hvel eight
(8) guestrooms shall be considered commercial operations and therefore may
not be allowed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re-approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
Country Inn (H14C)
The additional information a) through i) outlined above shall also be required for
Country Inns.
This use is to be a Class A Special Use Permit in the following districts:
AR - Agricultural Residential
R1 — Rural Residential
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*Country inns (H14C) containing between four (4) and twenty-four(24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
This Class A Special Use Permit, if approved, shall be valid for six(6) years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
8.8.28.4 Other Requirements
(Other Requirements are listed per subcategory.)
Bed & Breakfast(H14A)
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent
night-time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10,
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road'
frontage per the table in Section 12.6.2. Property recognized by the state
or the county as a historic site, or as containing a significant historic
structure shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional view
of the hous7e from the roadside.
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e) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.-
Bed & Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following requirements shall apply to Bed & Breakfast Inns:
The minimum lot size for a Bed & Breakfast Inn using a private well and
septic system shall be no less than five (5)acres. A Bed & Breakfast Inn
may be permitted on lots of less than five (5) acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (H14C)
Additional Requirements for Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
.Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one-sign not to exceed 16 square feet in size.
Such identifyirig signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent
night-time glare.
C) The site plan shall provide a minimum of two parking spaces'for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty-foot) Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. Property recognized by the state or the county as a
historic site, or as containing a significant historic structure shall receive a
full or partial waiver of the road-front.land use buffer to maintain the
historic character of the site and the traditional view of the house from the
roadside.
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10) acres. A Country Inn may be
permitted on lots of less than ten (10) acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development or village flexible development.
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f) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.
Section 5: Amend Article 10 Off-Street Parking and Loading to read as follows:
10.4 Off-Street Parking Requirements
H-14 Rural Guest Establishments–One space per guest room.
Section 6: Amend Article 12 Landscaping and Buffer Requirements to read as follows:
12.7 Requirements for Special Use Permits
p- Country Inns–as required in Section 8.8.28 with a twenty-foot Type A
perimeter buffer.
Section,7: Amend Article 14 Site Plan Approval Procedures to read as follows:
14.2.1 Professional Design and Certification
e. Rural Guest Establishments with three (3) guestrooms or less—Bed &
Breakfasts.
Section 8: This ordinance shall be effective upon its adoption.
NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that
the Zoning Ordinance Amendments providing for Rural Guest Establishments in the Agricultural
Residential (AR), Rural Residential (R1), and Rural Buffer(RB) zoning districts is approved in
accordance with the above mentioned text amendments.
Upon motion of Commissioner tTo_r_ s , seconded by Commissioner
the foregoing resolution was adopted this the day of 2001.
1, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on 2001 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in Minute Book No.
of the minutes of said Board.
WITNESS my hand and the seal of sa' County, this 114 day of /j6 2000v
Clerk to the rd of Com- 'MisXioners
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|
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 19, 2001
Action Agen�a
Item No.
SUBJECT: Rural Guest Establishments Zoning Ordinance Amendments
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y1N)
ATTACHMENT(S): INFORMATION CONTACT:
Craig Benedict, Director, ext. 2592
Adopted Ordinance Robert Davis, Planner III, ext. 2580
Tina Moon, Planner 11, ext. 2583
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To make a decision on the proposed Rural Guest Establishment Amendments to
the Zoning Ordinance as they pertain to the Rural Buffer Zoning District.
This Rural Buffer portion of the Rural Guest Establishment Amendments was continued until
comment from the Joint Planning Agreement parties. Planning staff referred the amendments
to the towns of Chapel Hill and Carrboro for JPA courtesy review. Neither town.submitted
Reques
• Planning staff proposed amendments to the Zoning Ordinance regarding Rural Guest
Establishments at the May 29, 2001 Public Hearing
• BOCC approved the amendments for the Agricultural Residential (AR) and Rural Residential
(R1)zoning districts on August 21, 2001
0 BOCC requested revisions are shown in Bold and StFiketheugI4
Amendment Summa!7j
To establish a Rural Guest Establishments use in the Permitted Use Table and create all
associated criteria (approval procedures, performance standards, parking, etc).
• The zoning ordinance does not have a land use category for bed and breakfast
establishments. Traditionally, the County has only considered bed and breakfast
operations as part of the Historic Sites Non-Residential ReuselMixed Use category (S54).
• Restricting bed and breakfast operations to historic sites excludes all other properties that
may be otherwise suitable for this type of land use.
2
• The existing Historic Sites Non-Residential Reuse/Mixed Use category will remain in the
zoning ordinance.
Location
The proposed amendments will apply to the Rural Buffer(RB) Zoning District.
The Board of County Commissioners approved the amendments creating Rural Guest
Establishments for the Agricultural Residential (AR) and Rural Residential (R1) zoning districts
on August 21, 2001.
Development Process, Schedule and Action
• Public Hearing on May 29, 2001.
• Referred amendments to the Planning Board for a recommendation back to the Board of
County Commissioners.
• Planning Board recommended approval of the proposed amendments to the Zoning
Ordinance on July 11, 2001. (10-0 vote)
• BOCC approved amendments for Agricultural Residential and Rural Residential zoning
districts on August 21, 2001.
• BOCC to make decision regarding amendment in Rural Buffer Zoning District
FINANCIAL IMPACT: No fiscal impact is associated with this decision.
RECOMMENDATION(S): Administration Recommendation:
Approval of the proposed amendments for the Rural Buffer Zoning
District.
Planning Board Recommendation: (July 11, 2001)
Approval of the proposed amendments in all three zoning districts
(AR, R1, RB).
Planning Staff Recommendation: (May 29, 2001)
Approval of the proposed amendments in all three zoning districts
(AR, R1, RB).
3
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Bold= Proposed Text
S#iketheugh= Deleted Text
Section 1: Amend Article 22 Definitions by creating four(4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
Bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestrooms may range from four(4) to no more
than eight(8) *_we!y=-��!'_). The establishment shall not contain restaurant facilities, but
may provide food service for transient guests only. (Class B SUP)
Country Inn: A business,which.offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and a full-service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four(4)to no more than twenty-four(24). The restaurant
shall contain no more than sixty(60) seats. (Class A SUP)
Section 2: Amend the Detailed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed & Breakfast (Zoning Permit)
Bed & Breakfast Inn (Class B Special Use Permit)
Country Inn (Class A Special Use Permit)
8.8.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
4
Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14 Rural Guest Establishments
H14A Bed & Breakfast
H14B Bed & Breakfast Inn
H14C Country Inn
Section 4: Amend Article 8 Special Uses to read as follows:
8.8.28 Rural Guest Establishments
8.8.28.1 Intent
a) The intent of the Rural Guest Establishments land use category (1-114) is
to provide opportunities for tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used for Rural Guest Establishments shall be
eligible for a partial waiver of the land use buffer requirements along
rights-of-way.
The Rural Guest Establishments use consists of the following three
subcategories based on intensity of use and permitting requirements.
H14A Bed & Breakfast (Zoning Permit)
H14B Bed & Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
*Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance,.and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
8.8.28.4.
8.8.28.2 Additional Information
(Additional Information requirements are listed per subcategory.)
Bed & Breakfast(H14A)
The following information shall be supplied as part of the application:
a) A site plan, as specified by Article 14, shall contain the following:
(Per Section 14.2.1 e. professional design and certification is not required
for Rural Guest Establishments with three (3) guestrooms or less—bed &
breakfasts.)
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all on-site signage.
3) Boundaries of the site.
4) Location of well and septic system.
5
b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon.
C) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified;
showing an "existing tree line"is often sufficient for large lots,
where the bulk of the property remains wooded.)
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
i) Any bed & breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
j) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register-recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
historic sites shall provide a description of how the historical style and
6
character of the building and/or property is to be enhanced through the
project.
Bed & Breakfast Inn (1-11413)
Country Inn (H14C)
In addition to the information required for Bed & Breakfasts established above
(items a) 1-3, and b)through k))the following shall be supplied as part of the
application for Bed & Breakfast Inns and Country Inns:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
4) Boundaries of the site and distance from the to nearest residential
structures.
8.8.28.3 Standards of Evaluation
• (Standards of Evaluation are listed per subcategory.)
Bed & Breakfast(H14A)
The following specific standards shall be used in deciding on an application for
this use:
a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
C) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
d) The site is served by direct access to a State-maintained road, or has
legal access to a public road by way of a recorded easement.
e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
f) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
g) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b) to determine applicability of this Section).
This use is to be a Zoning Permit in the following districts*:
AR -Agricultural Residential
R1 — Rural Residential
RB — Rural Buffer
*Bed & Breakfast (H14A)establishments containing no more than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed & Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
h) The site plan meets all requirements specified in sub-sections 8.8
and 8.8.28.2.
i) The site is served by direct access to a State-maintained road.
This use is to be a Class B Special Use Permit in the following districts*:
AR-Agricultural Residential
R1 —Rural Residential
*Bed & Breakfast Inns (H14B)containing between four(4) and twelve (12)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid for six (6)years, but
may be renewed or re-approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
Country Inn (H14C)
The additional information a)through i) outlined above shall also be required for
Country inns.
This use is to be a Class A Special Use Permit in the following districts:
AR-Agricultural Residential
R1 —Rural Residential
8
*Country Inns (H14C) containing between four(4) and twenty-four (24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
This Class A Special Use Permit, if approved, shall be valid for six (6) years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90)days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
8.8.28.4 Other Requirements
(Other Requirements are listed per subcategory.)
Bed & Breakfast (H14A)
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent
night-time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10.
d) The site shall meet the landscaping and buffer requirements of Article 12,
'of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road
frontage per the table in Section 12.6.2. Property recognized by the state
or the county as a historic site, or as containing a significant historic
structure shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional view
of the house from the roadside.
9
e) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.
Bed & Breakfast Inn (1-11413)
In addition to the information required for Bed i& Breakfasts established above
the following requirements shall apply to Bed & Breakfast Inns:
f) The minimum lot size for a Bed & Breakfast Inn using a private well and
septic system shall be no less than five (5) acres. A Bed & Breakfast Inn
may be permitted on lots of less than five (5)acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (H14C)
Additional Requirements for Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent
night-time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty-foot) Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. Property recognized by the state or the county as a
historic site, or as containing a significant historic structure shall receive a
full or partial waiver of the road-front land use buffer to maintain the
historic character of-the site and the traditional view of the house from the
roadside.
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10)acres.. A Country Inn may be
permitted on lots of less than ten (10)acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development or village flexible development.
10
f) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.
Section 5: Amend Article 10 Off-Street Parking and Loading to read as follows:
10.4 Off-Street Parking Requirements
H-14 Rural Guest Establishments–One space per guest room.
Section 6: Amend Article 12 Landscaping and Buffer Requirements to read as follows:
12.7 Requirements for Special Use Permits
p. Country Inns–as required in Section 8.8.28 with a twenty-foot Type A
perimeter buffer.
Section 7: Amend Article 14 Site Plan Alproval Procedures to read as follows:
14.2.1 Professional Design and Certification
e. Rural Guest Establishments with three (3) guestrooms or less—Bed &
Breakfasts.
Section 8: This ordinance shall be effective upon its adoption.
NOW, THEREFORE BE IT RESOLVED, by the Board of Orange County Commissioners, that
the Zoning Ordinance Amendments providing for Rural Guest Establishments in the Agricultural
Residential (AR), Rural Residential (R1), and Rural Buffer(RB)zoning districts is approved in
accordance with the above mentioned text amendments.
Upon motion of Commissioner , seconded by Commissioner
the foregoing resolution was adopted this the day of , 2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina,_DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on , 2001 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in Minute Book No.
of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2001.
Clerk to the Board of Commissioners
DRAFT
Administration Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Section L Amend Article 22 Definitions by creating four(4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
Bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestrooms may range from four(4)to no more
than twelve (12). The establishment shall not contain restaurant facilities, but may
provide food service for transient guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and a full-service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four(4)to no more than twenty-four(24). The restaurant
shall contain no more than sixty(60)seats. (Class A SUP)
Section 2: Amend the Detailed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed & Breakfast (Zoning Permit)
Bed & Breakfast Inn (Class B Special Use Permit)
Country Inn (Class A Special Use Permit)
8.8.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
5
Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14 Rural Guest Establishments
H14A Bed & Breakfast
H14B Bed & Breakfast Inn
H14C Country Inn
Section 4: Amend Article 8 Special Uses to read as follows:
8.8.28 Rural Guest Establishments
8.8.28.1 Intent
a) The intent of the Rural Guest Establishments land use category (H14) is
to provide opportunities for tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used for Rural Guest Establishments shall be
eligible for a partial waiver of the land use buffer requirements along
rights-of-way.
The Rural Guest Establishments use consists of the following three
subcategories based on intensity of use and permitting requirements.
H14A Bed & Breakfast (Zoning Permit) "
H14B Bed & Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
*Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance, and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
8.8.28.4.
8.8.28.2 Additional Information
(Additional Information requirements are listed per subcategory.)
Bed & Breakfast (H14A)
The following information shall be supplied as part of the application:
a) A site plan, as specified by Article 14, shall contain the following:
(Per Section 14.2.1 e. professional design and certification is not
required for Rural Guest Establishments with three (3) guestrooms or
less—bed & breakfasts.)
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all on-site signage.
3) Boundaries of the site.
4) Location of well and septic system.
6
b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon.
C) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties)or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
i) Any bed & breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
j) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
historic sites shall provide a description of how the historical style and
character of the building and/or property is to be enhanced through the
project.
7
Bed & Breakfast Inn (1-11146)
Country Inn (H14C)
In addition to the information required for Bed & Breakfasts established above
(items a) 1-3, and b)through k))the following shall be supplied as part of the
application for Bed & Breakfast Inns and Country Inns:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
4) Boundaries of the site and distance from the to nearest residential
structures.
8.8.28.3 Standards of Evaluation
(Standards of Evaluation are listed per subcategory.)
Bed & Breakfast(H14A)
The following specific standards shall be used in deciding on an application for
this use:
a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
C) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
d) The site is served by direct access to a State-maintained road, or has
legal access to a public road by way of a recorded easement.
e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
f) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
g) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b)to determine applicability of this Section).
8
This use is to be a Zoning Permit in the following districts*:
AR-Agricultural Residential
R1 — Rural Residential
RB— Rural Buffer
*Bed & Breakfast (H14A) establishments containing no more than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed & Breakfast Inn (H14B)
In addition to the information required for Bed & Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
h) The site plan meets all requirements specified in sub-sections 8.8
and 8.8.28.2.
i) The site is served by direct access to a State-maintained road.
This use is to be a Class B Special Use Permit in the following districts*:
AR-Agricultural Residential
R1 —Rural Residential
*Bed & Breakfast Inns (H14B) containing between four(4) and twelve (12)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid for six (6)years, but
may be renewed or re-approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
9
Country Inn (H14C)
The additional information a)through i) outlined above shall also be required for
Country Inns.
This use is to be a Class A Special Use Permit in the following districts:
AR -Agricultural Residential
R1 — Rural Residential
"Country Inns (H14C) containing between four(4)and twenty-four(24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
This Class A Special Use Permit, if approved, shall be valid for six (6)years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
8.8.28.4 Other Requirements
(Other Requirements are listed per subcategory.)
Bed & Breakfast(H14A)
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent
night-time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10.
10
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road
frontage per the table in Section 12.6.2. Property recognized by the state
or the county as a historic site, or as containing a significant historic
structure shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional view
of the house from the roadside.
e) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.
Bed & Breakfast Inn (1-111413)
In addition to the information required for Bed & Breakfasts established above
the following requirements shall apply to Bed & Breakfast Inns:
f) The minimum lot size for a Bed & Breakfast Inn using a private well and
septic system shall be no less than five (5) acres. A Bed & Breakfast Inn
may be permitted on lots of less than five (5) acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (H14C)
Additional Requirements for Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be installed as ground lighting to prevent
night-time glare.
c) The site plan shall provide a minimum of two parking spaces for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty-foot) Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. Property recognized by the state or the county as a
historic site, or as containing a significant historic structure shall receive a
full or partial waiver of the road-front land use buffer to maintain the
historic character of the site and the traditional view of the house from the
roadside.
11
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10) acres. A Country Inn may be
permitted on lots of less than ten (10) acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development or village flexible development.
f) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies including but not limited to NCDOT
driveway permits.
Section 5: Amend Article 10 Off-Street Parking and Loading to read as follows:
10.4 Off-Street Parking Requirements
H-14 Rural Guest Establishments–One space per guest room.
Section 6: Amend Article 12 Landscaping and Buffer Requirements to read as follows:
12.7 Requirements for Special Use Permits
P. Country Inns–as required in Section 8.8.28 with a twenty-foot Type A
perimeter buffer.
Section 7: Amend Article 14 Site Plan Approval Procedures to read as follows:
14.2.1 Professional Design and Certification
e. Rural Guest Establishments with three (3)guestrooms or less—Bed &
Breakfasts.
Section 8: This ordinance shall be effective upon its adoption.
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
12
DRAFT
Public Hearing Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OR ORANGE COUNTY ORDAINS THAT THE ORANGE
COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Bold= Proposed Text
StFiketheugh= Deleted Text
Section 1: Amend Article 22 Definitions by creating four (4) new definitions entitled:
Rural Guest Establishments
Bed and Breakfast
Bed and Breakfast Inn
Country Inn
Rural Guest Establishments:
A temporary lodging facility that is compatible to the primary land use of agriculture,
forestry, open space, or otherwise rural residential activities. Rural guest establishments
consist of three subcategories based on intensity and permit requirements, Bed and
Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below.
Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and
volume of paying guests is incidental to the primary use of the building as a private
residence. One to three guestrooms are made available to transient visitors. The
establishment shall not contain restaurant facilities, but may provide food service for
transient guests only. (Zoning Permit)
Bed and Breakfast Inn: A business operated in a structure which is used primarily for
providing overnight accommodations to the public, even though the owner or manager
lives on the premises. The number of guestrooms may range from four(4) to no more
than twelve (12). The establishment shall not contain restaurant facilities, but may
provide food service for transient guests only. (Class B SUP)
Country Inn: A business, which offers accommodations and dining in a predominately
rural area. Overnight accommodations are available, and a full-service restaurant
provides breakfast, lunch and dinner to guests and the general public. The number of
guestrooms may range from four(4)to no more than twenty-four(24). The restaurant
shall contain no more than sixty(60) seats. (Class A SUP)
Section 2: Amend the Detailed Table Of Contents, Section to read as follows:
8.8.28 Rural Guest Establishments
Bed & Breakfast (Zoning Permit)
Bed & Breakfast Inn (Class B Special Use Permit)
Country Inn (Class A Special Use Permit)
8.8.28.1 Intent
8.8.28.2 Additional Information
8.8.28.3 Standards of Evaluation
8.8.28.4 Other Requirements
13
Section 3: Amend the Permitted Use Table, Section 4.3 to read as follows:
H14 Rural Guest Establishments
H14A Bed & Breakfast
H14B Bed & Breakfast Inn
H14C Country Inn
Section 4: Amend Article 8 Special Uses to read as follows:
8.8.28 Rural Guest Establishments
8.8.28.1 Intent
a) The intent of the Rural Guest Establishments land use category (H14) is
to provide opportunities for tourist/rooming facilities in the rural sections of
the county so long as the traditional character of neighborhood is
maintained.
b) To encourage the use and reuse of historic buildings within the rural parts
of the county, historic sites used for Rural Guest Establishments shall be
eligible for a full or partial waiver of the land use buffer requirements
along rights-of-way.
The Rural Guest Establishments use consists of the following three
subcategories based on intensity of use and permitting requirements.
H14A Bed & Breakfast (Zoning Permit) *
H14B Bed & Breakfast Inn (Class B Special Use Permit)
H14C Country Inn (Class A Special Use Permit)
*Zoning permit application shall contain all information required for site plan
approval per Article XIV of the Orange County Zoning Ordinance, and any
additional information as required below in sections 8.8.28.2, 8.8.28.3, and
8.8.28.4.
8.8.28.2 Additional Information
(Additional Information requirements are listed per subcategory.)
Bed & Breakfast(1-1114A)
, Me following
information shall be supplied as part of the application:
a) A The site plan, as specified by Article 14
shall else contain the following:
(Per Section 14.2.1 e. professional design and certification is not
required for Rural Guest Establishments with three(3) guestrooms
or less—bed&breakfasts.)
1) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
2) Location and dimensions of all on-site signage.
14
3) Boundaries of the site.
4) Location of well and septic system.
b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
1) Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the facility.
4) Proposed hours of operation for non-residential uses of the site
and within buildings thereon.
C) Building plans for all existing or proposed structures to include floor plans,
elevations, and sections showing restoration/rehabilitation proposed.
d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
g) The proposed development schedule for the site.
h) Outdoor events (e.g. weddings, receptions, parties)or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even)surface.
i) Any bed & breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the County. Such documentation shall not
be limited to the easement deed, but may also include copies of road
maintenance agreements as determined by the County.
j) Any application for a bed & breakfast operation that does not include any
changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
k) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
15
historic sites shall provide a description of how the historical style and
character of the building and/or property is to be enhanced through the
project.
Bed & Breakfast Inn (1-111413)
Country Inn (H14C)
In addition to the information required for Bed & Breakfasts established above
(items a) 1-3, and b)through k))the following shall be supplied as part of the
application for Bed & Breakfast Inns and Country Inns:
a) The site plan, prepared by a North Carolina registered land surveyor or
engineer, shall also contain the following:
4) Boundaries of the site and distance from the to nearest residential
structures.
8.8.28.3 Standards of Evaluation
(Standards of Evaluation are listed per subcategory.)
Bed & Breakfast(H14A)
The following specific standards shall be used in deciding on an application for
this use:
a)b) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
b)e) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
c)d) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
d)e) The site is served by direct access to a State-maintained road, or has
legal access to a public road by way of a recorded easement.
GO) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
t)g) All applicable requirements of Article 4, 5, 6, 8, 9, 10 and 12 have been
satisfied.
g)#) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site. (See 8.8.28.1, Provision
b)to determine applicability of this Section).
16
This use is to be a Zoning Permit in the following districts*:
AR-Agricultural Residential
R1 — Rural Residential
RB— Rural Buffer
*Bed & Breakfast (H14A) establishments containing no more than three (3)
guestrooms shall be allowed in all protected watersheds, and critical areas.
Bed & Breakfast Inn (1-1146)
In addition to the information required for Bed & Breakfasts established above
the following criteria shall be used to evaluate Bed & Breakfast Inns:
h) The site plan meets all requirements specified in sub-sections 8,8
and 8.8.28.2.
i) The site is served by direct access to a State-maintained road.
This use is to be a Class B Special Use Permit in the following districts*:
AR - Agricultural Residential
R1 —Rural Residential
*Bed & Breakfast Inns (H14B)containing between four(4) and twelve (12)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, and critical areas.
This Class B Special Use Permit, if approved, shall be valid for six (6)years, but
may be renewed or re-approved by the Board of Adjustment after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit. If the Special Use
Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
17
Country Inn (H14C)
The additional information a) through i)outlined above shall also be required for
Country Inns.
This use is to be a Class A Special Use Permit in the following districts:
AR-Agricultural Residential
R1 — Rural Residential
*Country Inns (H14C) containing between four(4)and twenty-four(24)
guestrooms shall be considered commercial operations and therefore may not be
allowed in all protected watersheds, an critical areas.
This Class A Special Use Permit, if approved, shall be valid for six (6)years, but
may be renewed or re-approved by the Board of Commissioners after receiving a
report from the Planning Department that the use is, and has been continuously
since it was issued, in compliance with provisions of the Special Use Permit. The
Orange County Planning Department shall present its report on the compliance
of the special use no later then ninety (90) days before the expiration of the
Special Use Permit.
The Board of Commissioners shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval. If the Board of Commissioners does not renew the permit, the permit
shall become null and void upon the expiration of the time limit. If the Special
Use Permit is not renewed or re-approved, then the applicant may submit a new
application as if it were a new use.
8.8.28.4 Other Requirements
(Other Requirements are listed per subcategory.)
Bed & Breakfast (H14A)
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be solar powered and installed as ground
lighting to prevent night-time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence and at least one parking place for each guestroom. Parking
space dimensions, aisle widths, tree shading, number of handicapped
spaces, etc. shall meet the requirements specified in Article 10.
18
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of the lot perimeter buffer specified in
Section 12.4.1 (b) and the appropriate land use buffer along the road
frontage per the table in Section 12.6.2. Property recognized by the state
or the county as a historic site, or as containing a significant historic
structure shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional view
of the house from the roadside.
e) The applicant shall be responsible for satisfying all review and
permitting requirements of other public agencies including but not
limited to NCDOT driveway permits.
Bed & Breakfast Inn (1-11146)
In addition to the information required for Bed & Breakfasts established above
the following requirements shall apply to Bed & Breakfast Inns:
t)e) The minimum lot size for a Bed & Breakfast Inn using a private well and
septic system shall be no less than five (5) acres. A Bed & Breakfast Inn
may be permitted on lots of less than five (5) acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the County Engineer.
Country Inn (1-1114C)
Additional Requirements for Country Inns are as follows:
a) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, Fire Marshal, and
Building Inspections Division prior to issuance of any Certificates of
Occupancy.
b) Per the provisions in Section 9.10 f) of Article 9, Signs, the applicant shall
be permitted to construct one sign not to exceed 16 square feet in size.
Such identifying signs shall be installed with landscaping around the
base. All illumination shall be solar powered and installed as ground
lighting to prevent night-time glare.
C) The site plan shall provide a minimum of two parking spaces for the
residence, one parking place for each guestroom, and one parking space
per four restaurant seats. Parking space dimensions, aisle widths, tree
shading, number of handicapped spaces, etc. shall meet the
requirements specified in Article 10. The Fire Marshal shall review and
approve site plan to ensure EMS and fire truck accessibility.
d) The site shall meet the landscaping and buffer requirements of Article 12,
of the Zoning Ordinance, consisting of a (twenty-foot) Type A Land Use
Buffer along the perimeter of the property per Section 12.7, and the
appropriate land use buffer along the road frontage per the table in
Section 12.6.2. Property recognized by the state or the county as a
historic site, or as containing a significant historic structure shall receive a
full or partial waiver of the road-front land use buffer to maintain the
historic character of the site and the traditional view of the house from the
roadside.
19
e) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten (10)acres. A Country Inn may be
permitted on lots of less than ten (10) acres if the tract is currently served
by public water and sewer subject to the review and approval of the
appropriate agencies, and the County Engineer; or if the tract will receive
public services as part of a larger development project such as a planned
development or village flexible development.
fj The applicant shall be responsible for satisfying am review and
permitting requirements of other public agencies including but not
limited to NCDO T driveway permits.
Section 5: Amend Article 12 Landscaping and Buffer Reguirements.to read as follows:
12.7 Requirements for Special Use Permits
P. Country Inns–as required in Section 8.8.28 with a twenty-foot Type A
perimeter buffer.
Section 6: Amend Article 14 Site Plan Approval Procedures to read as follows:
14.2.1 Professional Design and Certification
e. Rural Guest Establishments with three (3) guestrooms or less—Bed &
Breakfasts.
Section 7: This ordinance shall be effective upon its adoption.
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
20
8
1 RECOMMENDATION(S): Planning staff recommends that the Planning Board recommends adoption of the
2 proposed amendments to the Board of County Commissioners.
3
4 MOTION: Selkirk moved to accept the proposed amendments to the Orange County
5 Subdivision Regulations Section 11 Definitions and Section III-C
6 Approval Procedures for Minor Subdivisions. Seconded by Strayhorn.
7
8 VOTE: Unanimous
9
10 d. Orange County Zoning Text Amendments
11 1. Establish Rural Guest Establishment
12 a. Amend Detailed Table of Contents
13 b. Amend Article 22 Definitions
14 c. Amend Section 4.3,Permitted Use Table
15 d. Amend Article 8 Special Uses
16 e. Amend Article 9 Signage
17 f, Amend Article 10 Parking
18 g. Amend Article 12 Landscaping
19 h. Amend Article 7 Planned Development Requirements
20
21 Tina Moon made this presentation.
22
23 BACKGROUND:
24 Request
25 • To establish a Rural Guest Establishments use in the Permitted Use Table and create all associated criteria
26 (approval procedures,performance standards,parking, etc).
27 • The zoning ordinance does not have a land use category for bed and breakfast establishments. Traditionally,
28 the county has only considered bed and breakfast operations as part of the Historic Sites Non-Residential
29 Reuse/Mixed Use category(S54).
30 • Restricting bed and breakfast operations to historic sites excludes all other properties that may be otherwise
31 suitable for this type of land use.
32 • The existing Historic Sites Non-Residential Reuse/Mixed Use category will remain in the zoning ordinance.
33 • Article 8.8.24 Historic Sites Non-Residential Reuse/Mixed Use,of the Orange County Zoning Ordinance,
34 has been amended twice.
35 • On September 3, 1996 the County Commissioners voted unanimously to replace the word"structures"with
36 the word"sites"
37 o On April 1, 1985 the County Commissioners voted unanimously to revise Section 8.8.24.2 of the Standards
38 of Evaluation as indicated by underlining(See attached} and to delete the word"Exterior"in item (c).
39
40 Location
41 Amendments will apply to the Orange County planning jurisdiction,outside of the municipalities and their
42 extraterritorial jurisdictions.
43
44 Information/Issues at Public Hearing on May 29,2001 (Extended to June 19,200 1)
45 The following issues were raised by Noah Ranells,see attachments far all five comments in their entirety.
46 1. Site plan requirements are too rigorous for Bed&Breakfast facilities(up to three guestrooms.)
47 Article 14.2.1 of the Orange County Zoning Ordinance, Professional Design and Certification,provides
48 for a professionally prepared but non-certified site plan option for certain small-scale projects. This
49 section could be amended to include Bed&Breakfast operations--Rural Guest Establishments with
50 three or less guestrooms--as one of the small-scale projects eligible for this option.
51 2. The required description of proposed use(s)of site and building(s)and employees is overkill for Bed&
52 Breakfast(three guestrooms or less)facilities.
21
9
1 The description of proposed uses is a requirement for the existing Historic Sites Non-Residential
2 Reuse/Mixed Use category(S54) and for home occupations. Providing this type of information helps to
3 ensure that commercial uses remain accessory to primary residential uses, as appropriate for three-
4 room bed and breakfasts.
5 3. The landscape plan requirement is too onerous for Bed&Breakfast establishments.
6 The County's existing Site Plan approval process includes a landscape plan requirement. Typically the
7 landscape plan shows important specimen trees and, when required, Land Use Buffers. Landscape
8 information is often shown on the base plan for small projects. Each tree does not have to be
9 individually identified showing an "existing tree line"is often sufficient for large lots, where the bulk of
10 the property remains wooded.
11 4. Standard site plan requirements are too costly for small operations to have prepared by a professional.
12 The proposed amendments for Rural Guest Establishments will reduce the approval process for three-
13 room bed& breakfast operations from a Class A special use permit to a zoning permit. The County
14 should require a basic amount of information when considering permits for commercial uses.
15 5. Requiring specific types of sign lighting is not necessary. t.
16 The County is pursuing whether or not solar powered fixtures will provide sufficient illumination for
17 outdoor sides.
18 Development Process,Schedule and Action
19 1) Public Hearing on May 29,2001.
20 3) Planning Board to make recommendation to BOCC.
21 • Planning Board shall make a recommendation within 3 regularly scheduled meetings.
22 • If Planning Board fails to make a recommendation within the allocated time,the application shall be
23 forwarded to the BOCC without a Planning Board recommendation.
24 -3) BOCC makes final decision.
25
26 FINANCIAL IMPACT:No fiscal impact is associated with this decision.
27
28 RECOMMENDATION(S): Planning Staff Recommendation:
29 Approval of the proposed amendments as given in the attached documents.
30
31 Moon reviewed each of the amendments. These were outlined in the agenda packet. She made reference to the
32 comments from Noah Ranells and said that they were included in the agenda packet. His main interest was in
33 the three-bedroom bed and breakfast facilities.
34
35 Several clarifying questions were answered satisfactorily by Benedict.
36
37 Elizabeth Davidson asked what provoked the requirement of the driveway permit because she had not heard
38 about it in all of the months of working on her proposal. Benedict said that NCDOT,on any publicly
39 maintained road,requires safe and adequate access to the roadway. This would require a driveway permit.
40 Language will be added to reflect that other agencies have requirements.
41
42 Elizabeth Davidson said that she thinks NCDOT will require a driveway permit every time. She said that the
43 applicant should know this at the beginning so that they could be prepared.
44
45 Chair Gooding-Ray said that other agencies are constantly changing their requirements and it would be a bad
46 idea to mention the requirement in the Orange County ordinance.
47
48 Discussion ensued about the requirements of other agencies and the responsibilities of the applicant.
49
50 MOTION: Katz moved to accept the proposed amendments to the Bed and Breakfast
51 zoning ordinance,which is incorporated herein by reference.
52
53 VOTE: Unanimous
22
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: S=jember 3. 1996
Action Agenda
Item#
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
Article 8.8.24 Historic Structures-Non Residential Reuse/Mixed Use (Class A Special Use)
DEPARTMENT: Planning PUBLIC HEARING: Yes _X—No
BUDGET AMENDMENT REQUIRED:—Yes_X—No
ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk
Extension 2582
Proposed Amendment
6-26-96 Public Hearing Minutes
8-7-96 Planning Board Minutes TELEPHONE NUMBERS:
Hillsborough 732-8181
Durham 688-7331
Mebane 227-2031
Chapel Hill 967-9251
PURPOSE: To consider a proposed amendment to include historic property as well as
structures in the consideration of Special Use Permits for the non-residential use
of historic structures.
BACKGROUND: The non-residential use of historic structures is permitted in the AR,RI and RB
zones provided a Class A Special Use Permit is obtained from the Orange County
Board of Commissioners. Standards that must be complied with are specified mi
Article 8.8.24 of the Zoning Ordinance.
The proposed amendment would clarify that the historic nature of the property as
well as the structure may be considered in the Special Use Permit approval
process.
The proposed amendment was presented for public hearing.on June 26, 1996.
23
Commission Gordon asked if the amendment would allow use of a modern
structure on historic property. Use of a non-historic structure could be approved if
all applicable findings could be met from the standpoint of preserving or
enhancing the historic integrity of the site and/or historic structures on the site.
There were no citizen comments.
The Planning Board considered the proposed amendment on August 7, 1996 and
recommended approval. The vote was unanimous.
RECOMMENDATION: The Administration recommends approval of the proposed amendment per the
Planning Board recommendation.
24
PROPOSED ORDINANCE AMENDMENT
REFERENCE: ZONING ORDINANCE -.ARTICLE 8.8.24
Historic Structures-Non Residential Reuse/Mixed Use(Class A
Special Use)
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
Other:
EXPECTED PUBLIC HEARING DATE: June 26, 1996
Purpose of Amendment: To include historic property as well as structures in the
consideration of Special Use Permits for the non-residential use of historic,structures.
Impacts/Issues: The Orange County Zoning Ordinance requires an applicant to obtain
approval of a Class A Special Use Permit from the Board of Commissioners for the non-
residential use of an historic structure. In some cases,the use of historic structures may
not only involve the historic structure itself,but also the surrounding property associated
with the structure.
The proposed amendment will clarify that Article 8.8.24 applies to the site on which a
historic structure is located,as well as the historic structure itself.
EXISTING AND PROPOSED ORDINANCE TEXT:
8.8.24 HISTORIC 84WUCTURES SITES -NON RESIDENTIAL REUSE/MIXED
USE(CLASS A SPECIAL USE)
8.8.24.1 Additional Information
In addition to the information required in Subsections 8.2 and 8.8,the
following shall be supplied as part of the application:
a) The site plan,prepared by a North Carolina registered land
surveyor or.engineer,shall also contain the following:
1) Location,width, and type of all internal vehicular and
pedestrian circulation.
2) Location and dimensions of all on-site signage.
25
3) Boundaries of the site and distance to nearest residential
structures.
b) Description of the proposed use(s)of the site and the buildings
thereon, including the following:
1) - Amount of area allocated to each use.
2) Number of full and part-time employees.
3) Number of clients and/or occupants expected to use the
facility.
4) Proposed hours of operation for non-residential uses of the
site and within buildings thereon.
C) Building plans for all existing or proposed structures to include
floor plans,elevations, and sections showing
restoration/rehabilitation proposed. Description of how the
historical style and character of the building and/or propertv is to
be enhanced.
d) Landscape plan, at the same scale as the site plan, showing existing
or proposed trees, shrubs, ground cover and other landscape
materials.
e) Statement from the appropriate public service agencies concerning
the method and adequacy of water supply and wastewater
treatment for the proposed uses.
f) Statement from the appropriate public service agencies concerning
the provision of fire,police and rescue protection to the site and
structures.
g) Evidence that the property is listed on the National Historic
Register or recognized by the State of North Carolina as places of
historic interest.
h) The proposed development schedule for the site.
8.8.24.2 Standards of Evaluation
The following specific standards shall be used in deciding on an
application for this use:
` --
a) The site plan submitted meets all requirements specified in sub-
b) Proposed uses and facilities are complementary and compatible
with surrounding area, and appropriate in the location proposed
given character of surrounding development. The proposed use of
the historic structure shall be of such a nature so as to preserve the
historic character of the site and the building. Development of the
site as proposed would-have no adverse impact beyond the
building except for appropriate parking facilities.
C) Structural alterations of historic structures shall be of such a nature
as to preserve the historic character of the building(s)and site.
d) Fire,police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
e) Recreational areas, service areas, parking and screening are
adequate for the proposed use(s).
f) The site is served by direct access to a State-maintained road.
g) Internal vehicular and pedestrian circulation is adequate for the
proposed use(s).
h) All applicable requirements of Axticle-4, 5, 6, 8,9, 10 and 12 have
been satisfied.
This use is to be a Class A Special Use Permit in the following districts:
AR-Agricultural Residential
RB -Rural Buffer
This Class A Special Use Permit, if approved,shall be valid for six(6)
yeus-
Ordinance Review Committee: April 4, 1996
Planning Board:
�
`
27
JUNE 26, 1996 PUBLIC HEARING MINUTES
2 Mary WWO said that with mWd to the use of existing hams cr
3 h t<m,ihat we uld be pwmiftd under G4. Stae said that what the are t5rrr>`t w buildings in the
y trying to do with this
4 arraendmert is to sswre that if someone is going to build a new building, an accgssary building for the
5 P Of x ng a home occupatacn,that it be 1,000 square feet and that it twice on a residential
ppearanca to try to bla d in with that area. There am provisions for existing buildings that may be
9 converted to hmn occupations in the future regardless of the appearancz of the bxuddng.
9 A motion was made by Commissioner Gordon, seconded by Commissioner Crowther to
10 rew this amendment to 11110 Orange County Planning Board for a recommendation to be returned to
11 the Board Of County Commissioners no sooner than August 5, 1998.
12 VOTE UNANIMOUS
13
14 B PREa ONING ORDINANCE TEXT AMENDMENT:ARTiCL g,g
15 STRUCTURES Z4 HISTORIC
16 Planner Mary Worts made this Presentation. Ali background Information is in the agenda.
17 This proposed amendment to the Zoning Ordinance would ta:b Article 8.8.24 to include historic
18 prop"as weil as,struft"s in the consider-ftO of Special Use Permits for the non-residential use of
19 historic structures.
20 1 Comniissicrer Gordon asked that this amendment be reviewed in the vortex!of a
21 modem house with historic cutbw7dhVs.
22 THERE WERE NO PUBLIC COMMENTS
23
24 A rnotlon was made by Ccmmisssonsr Gordon,seconded by Commissioner Crowther
25 to refer this item to the Orange County Planning Board for a re=mmendation to to retuned to the
26 Board of County CCmmisxkrArs no sooner than August 5, 1990.
27 VOTE; UNANIMOUS
28
29 C. P-ROPOSED Si19DMS*N REGULATIONS TEXT AMENDMENT-ACTCN
30 WISEQtlEiHT TO SUS�3MSON APPROVAL
31 Planner Mary M is made this Presentation. This technical amendrymm would delete the
requirement in tlA SubdWsicn Ordnar=that a Planning Staff member be Present each dme a t]nal
33 Plat is m=rded in the Register of Deeds Offic s. The purpose of this provision is to insum that all
34 required auxiliary dccuments, such as Road MainWwo=Agreements and Dedarnion of Restrictions
35 aro recorded with the plat
36
37 Register of Deeds, Betty June Hayes iradtcated she does not endorse this amendment
38 and that she wig sununit her comments in writing which%nil be included in Via agenda when it is
39 returned to ft County Commissioners for caxisidw atieon of approval.
40
41 THERE WERE NO CITIZEN COMMENTS
42
43 A rno8en was made by Commissioner Gordon,seconded by Commissioner Crowther to
44 refer eft MM to V*plaW*V Beard ter a reccmmendaticn to be mtumed to the Board of County
45 CCmmiasretW3 no scerW than August 5, 1990.
48 VOTE: UNANttAOUS
47 _
49 John Uric mtta w=d On infdmat on in 1!10 agenda. Rnhasirap Ohocbes Pam J*ie3
5d roads ceferw=ao tPoe xaf. krfertlal infCRrwd n. She vin merind the steps taken to purchase the
51 txa *tg. She gate an of the envtrenmerdat assessrment,the physical inspecsion of the
52 property,ll10 programs*At weft be oftermd WW the upfitt that WE t10 recassary with related Costs.
53 Ccmmisakmer Ga*m expressed a ecrxsrn that Vo t-_nvh nmertai Assessrnert to
54 dene by pmfessio wW and that there be enouo money for the upfrt
28
8/7/96 Planning Board Minutes
Price noted that in rural areas,there may be uses that would be associated with
agricultural uses and act necessarily be home occupations as they would be in an
urban residential area.
Strayhorn commented again that a use such as welding would require at least a two-
ton truck to deliver supplies needed for welding. Strayhom asked about the types of
complaints. Willis responded that most complaints are related to uses which involve
vehicles,such as automobile repair and the visual impact as the business grows. it
has been determined that there are some existing home occupations which would
not qualify as such if proposed amendments are adopted. Additional home
occupation permits for those uses would not be approved.
MOTION: Brooks moved approval of the proposed=endments as recommended by the
Planning Staff and the recommendation that load capacity of vehicles Shan be
determined by the needs of the home occupation and shall not exceed those needs.
Seconded by Strayhom.
Willis suggested that additional wording be included such as:provided that the
expected needs are compatible with the neighborhood.
Hoacke stated that going to such detail is micro management If a use is compatible,
everything connected with the use would be compatible. Either it is compatible or it
isn't
The amendment was restated by Hoecke: There shall be no use of a vehicle in
connection with the home occupation that would be in excess of what is appropriate
to that occupation providing that it is compatible with the neighborhood.
The motion and second accepted the amendment
VOTE: Unanimous.
(3) Article 9.8.24 Special Uses(Uses of Historic Structures)
Presentation by Mary Willis.
The non-residential use of historic structures is permitted in the AR,Rl and RB
zones provided a Class A Special Use Permit is obtained from the Orange County
Board of Commissioners. Standards that must be complies with are specified in
Article 8.8.24 of the Zoning Ordinance.
The proposed amendment would clarify that the historic nature of the property as
well as the structure may be considered in the Special Use Permit approval process.
The proposed amendment was presented for public hearing on June 26, 1996.
Commissioner Gordon asked if the amendment would allow use of a modem
structure on historic property. Use of a non-historic structure could be approved if
all applicable findings could be met from the standpoint of preserving or enhancing
the historic integrity of the site.
There were no citizen comments.
29
8/7/96 Planning,Board Minutes
The Plannin-Staff recommends approval of the proposed amendment(Copy an
0
attachment to these minutes on page
MOTION: Price moved approval as recommended by the Planning Staff. Seconded by Brooks.
VOTE: Unanimous.
0. Subdivision Regulations Text Amendments
(1) Section HI-C-4 Action Subsequent to Approval
(Minor subdivision)
(2) Section M-D-33(c)Action Subsequent to Approval
(Major Subdivision)
Presentation by Mary Willis.
The Orange County Subdivision Regulations require that subdivision plats be
recorded in the presence of Planaing
.,Department Staff. The purpose of this
provision is to insure that all required auxiliary documents,such as Road
Maintenance Agreement and Declarations of Restrictions are recorded with the plat.
Compliance with this provision would require that a Planning Staff member
accompany the applicant to the Register of Deeds Office each time a final plat is to
be recorded. The Orange County Planning Staff and Register of Deeds Office have
developed a system that instead provides the Register of Deeds with a list of items to
be recorded with the final plat By providing this information,the Register of Deeds
Office knows which documents must accompany the plat,and thus the purpose of
the existing regulations are met without Planning Staff being present
The proposed amendment was presented-for public hearing on June 26, 1996.There
were no citizen comments. There was some discussion with the Register of Deeds to
clarify the purpose of the amendment.
The Planning Staff recommends approval of the proposed amendment(copy an
attachment to these minutes on pages
Jobsis asked if the concern from the Register of Deeds was addressed. Willis
responded that she has a letter from the Register of Deeds expressing understanding
and agreement with the proposed amendment.
MOTION: Brooks moved approval as recommended by the Planning Staff. Seconded by
Hoecke.
VOTE: Unanimous.
AGENDA ITEM#10: PLANNING BOARD ITEKS
a. Report on TIP Process
Presentation by Planning Intern,Stephan Rodiger.
Every year the NC Board of Transportation(BOT)adopts a multi-year STIP specifying
needed transportation improvements across the state. If a project is outside the DCHC
Urban Area,then the County can request directly of the BOT that the project be included
30
APPROVED 1114196
ORANGE COUNTY BOARD OF COMMISSIONERS
MINUTES
REGULAR MEETING
SEPTEMBER 3, 1996
The Orange County•Board of Commissioners met in regular session on Tuesday, September 3,
1996 at 7:30 p.m. at the Caldwell Community Center on Highway 157 in Rougemont, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners William L.
Crowther, Alice M. Gordon, Stephen H. Halkiotis and Don Willhoit.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr.,Assistant County Managers Rod
Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified
appropriately below)
NOTE: ALL BACKGROUND INFORMATION ON ALL ITEMS REFERRED TO IN THESE MINUTES IS
IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. CASSETTE TAPES ARE
KEPT FOR FIVE YEARS.
1. ADDITIONS OR CHANGES TO THE AGENDA
Commissioner Crowther added to the Items for Decision as item E- Staff Assistance for Citizen
Initiated Ordinance Amendments. Report B was postponed and will be considered at the 9117 meeting.
11. AUDIENCE COMMENTS
A. MATTERS ON THE PRINTED AGENDA
Chair Carey said that citizens who wish to speak to an item on the printed agenda will be
recognized at the appropriate time on the agenda. He asked about the number of citizens in the audience
who live in Little River Township and found there was one person.
B. MATTERS NOT ON THE PRINTED AGENDA
Ralph Cane spoke about the bridge in the curve on 157 going toward Durham. The
bridge has been constructed, however, they have not finished the short road leading to the bridge. John
Link will investigate and report back to the Board.
PUBLIC CHARGE
Chair Carey dispensed with the reading of the public charge.
Ill. BOARD COMMENTS- NONE
IV. COUNTY MANAGER'S REPORT
John Link announced that the statewide bond issue for road improvements would give Orange
County approximately$1.6 million which would pave an additional 12 roads on the secondary road
improvement plan.
Commissioner Halkiotis asked that a,committee be set up to promote the statewide school bond
issue. John Link will report back on this request.
V. RESOLUTIONS/PROCLAMATIONS
A. PROCLAMATION IN SUPPORT OF THE THIRD LA FIESTA DEL PUEBLO IN CHAPEL
31
5
Department, the Cooperative Extension Service, the UNC-CH School of Public Health, Piedmont Health
Services, JOCCA, and several community-based organizations.
D. THE UNC-CH SCHOOL OF MEDICINE FOR ITS DEPARTMENTS OF FAMILY
MEDICINE, OBSTETRICS AND GYNECOLOGY AND PEDIATRICS
The Board approved and authorized the Chair to sign the renewal'agreement between the
Health Department and the UNC-CH School of Medicine for its Departments of Family Medicine, Obstetrics
& Gynecology, and Pediatrics.
E. ZONING ORDINANCE TEXT AMENDMENT -HOME OCCUPATIONS
This item was placed at the end of the Consent Agenda for separate consideration.
F. PROPOSED SUBDIVISION REGULATION TEXT AMENDMENT-SECTION III-C-4 AND
III-Q-3
The Board approved this proposed amendment to delete the requirement for a Planning Staff
member to be present each time a final plat is recorded in the Register of Deeds Office per the Planning
Board recommendation.
G. ZONING ORDINANCE TEXT AMENDMENT-TELECOMMUNICATION TOWERS
This item was placed at the end of the Consent Agenda for separate consideration.
H. PROPOSED ZONING ORDINANCE TEXT AMENDMENT-HISTORIC STRUCTURES
The Board approved this proposed amendment to include historic property as well as
structures in the consideration of Special Use Permits for the non-residential use of historic structures per
the Planning Board recommendation.
I. BUDGET AMENDMENT#3
The Board approved the following budget ordinance amendments and grant and capital
project ordinances:
GENERAL FUND
Source- Intergovernmental $ 2,000.00
Appropriation-Community Maintenance 2,000.00
(To budget for additional State funds for Soil and Water)
Source- Intergovernmental $ 1,500.00
Appropriation- Human Services 1,500.00
(To budget for unanticipated State reimbursement for Environmental Health)
Source- Intergovernmental $ 1,600.00
Appropriation- Human Services 1,600.00
(To budget for tourism grant received by the Orange County Library)
Source-Miscellaneous (Appropriations) $ (18,442.00)
Appropriation-Transfers to Other Funds 18,442.00
(Appropriation from Jail Contingency Account for COPSFAST matching funds)
Source- Intergovernmental $ 12,000.00
Appropriation - Public Safety 12,000.00
(To budget for drug tax payments from the State for the Sheriffs Dept.)
Source- Intergovernmental $ 38,459.00
Appropriation- Contributions to Outside Agencies 38,459.00
(To budget VOCA pass thru grant for Rape Crisis)
Source- Miscellaneous (Appropriations) $ (9,704.00)
Appropriation-Transfers to Other Funds 9,704.00
(Appropriation from Commissioners' Contingency for impact fee
reimbursement for Habitat for Humanity)
Also see attached Affordable Housing Grant Prohmrt r)r,4;
Sourr-A -
32
07`
ORANGE C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date April 1 . 1,985
Action Agenda
Item #_ -
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT-ARTICLES 8 and 4-SPECI
USE PERMITS FOR MIXED USE OF HISTORIC STRUCTURES
DEPARTMENT: PLANNING. PUBLIC HEARING _Yes X No
Attachment(s) : Information Contact: SUSAN SMITH
Proposed Text Amendment '
4/30/84 Request Letter
Historic Structures in Orange
County (Sites)
11/26/84 Public Hearing Minutes
Draft 3/18/85 Planning Board Minutes
Telephone Numbers
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To consider a request to amend the Zoning- Ordinance to allc
for non-residential and mixed use of historic structures liste
on the National Registry of Historic Places or recognized I
the State of North Carolina as places of Historic interez
through the Special Use Permit process for approval.
This item was presented to public hearing on• November 26r 198,
NEED: ' In order to qualify for rehabilitation tax credits ax
incentives for historic structuresp projects must meet tl
"substantial. rehabilitation testu and must ,be income-producin(
Tax credits are determined on the basis of the percentage
the property producing income.
Under the current zoning ordinance, limited provisions are mac
to allow for non-residential, income-producing use of propert
-located outside of designated activity nodes. • Histor.-
structures are generally not located in areas designated i
activity nodes.
33
074
IVIPACT: Amendment of the ordinance would allow the non-residential
mixed use of recognized historic structures.
RECOMMENDATION:
The Planning Board recommends that the Zoning Ordinance
amended to allow for the non-residential and mixed use
historic structures.
The Planning Board also recommends that 8.8.24.2 Standards
Evaluation be revised as indicated by underlining; also,
delete the word "Exterior' in item (c) .
34
S.B_24. i_tnric Structures-\Icn-residential. Reuse/Mixed Use (C12ss A St
Additional. Informat inn 07,
in- addi:iorr to the info ,, tion required in *Subsections 8.2 and
8.8, the following shall be supplied. as part of the applicatior
a) The— site plan-, prepared by a Nor"'7 Carolina registered land
surveyor or- engineer, shall also contain the following:
1 } location, width', and type of all internal vehicular and
pedes.tmian ci culatian
Z) location and dimensions cf. all. cn--site- signage,
: r 37 baundariesv of the site `and' distance- to neatest
residential, st=tures'-
b) .Description: of the proposed use(s)' of the si le and the• build-
thereon, including the following. :
. 1) A=unt of area allocated to each use
2) Number of full and part-time employees
1) ' Number of clients and/or occupants- expected to use the
'
facility
• t • a) Proposed hours of operation for non-residential, uses of
3. -
the• site and- within buildings therein..
a) .Building plans 'for all existin+g-•cr proposed structures to inc
• . . floor plans, elevations?. and sections showing resct.:a:ien/rah:
' - itaticns proposed. Description of how the- historical 'style
and character of the building is ta.-be- enhanced.
d) Landscape plan, at the same scale as the ' site plan,. shcwind
..�. . - - existing or proposed ire- `-`�_°s, shrubs, gratuid cover any, other
, . landscape materials.*--:
e) Statement fr-, m the-.appropriats public servier agencies can- ' :
_. . carning the method and adequacy. of water supply and wastewate
treatment for the proposed uses...
f) Statement frcm. the appropriate public service agencies ccn-
concerning the provision of fire, poll.cm and rescue protactic
to the site and structures.
g) Evidenc- that the property is listed an the National Histaric
Register or recognized by the State of North Canal ina as plac
of historic . interest.
h) The proposed development s`heduls for the sit--•
35
076
8.8.24 .2 STA14DARDS OF EVALUATION
The followinc3 specific standards shall be used in
deciding on an application for this use:
a) - The site plan submitted meets all requirements
specified •in sub-sections 8.8 a) and .8.8.24.1
a) . .
b) Proposed uses and facilities are complementary
and compatible witb t�_surroundina area,* and
appropriate in the location proposed given
character of us, surrounding -e
pxonosedl rrounding development. Tb
of the hi structure ahall ' be .
-
of . -such- A natgre- sg as to preserve tb?. higtorjc
cliaracter of the site and the buildincz,
Development of the site as proposed would have
no adverse impact beyond the building except
for appropriate parking facilities.
C) Exterior structural alterations of historic
structures shall be of such a. nature as to
preserve the historic character . of the
building(s) .
d) Fire, police and rescue services and water
supply and wastewater• treatment methods are
adequate to serve the proposed, uses and
facilities.
e) Recreational •areas , service areast -. parking and
:screening are adequate for the proposed use (s) .
f) The site is served by direct access to a state-
maintained road.
Internal vehicular and pedestrian circulation
is adequate for the proposed uses (s) .-
h) All applicable requirements of Articles 4, 5,
6., 8,, 9,,• 10 and 12 have been satisfied.
This use is to be a Class A Special- Use Permit in
the following districts:
AR - Agricultural Residential
RI - Residential 1
RgXni±'_ if
be vallid for six (6) years,
4
36
to provide for motor vehicle sales/rentals as permitter] use in. the CC-3
district.
VOTE: UNANIMOUS.
15, PROPOSED zcNINC' CFQINANCE TEXT AMENDB=-ARTICLES 8 and 4 - SPE)CIAL ..
USE pELM TS E'Ot MZXID USE CF F]ISrCRIC S'L42LX'i'(7f2EE (Amendment recorded in full in
the official Ordinance Book in the office of the Clerk to the Board.)
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey, to approve the amendment to the Zoning Ordinance to allow for the non-
residential and mixed use of historic structures, to revise.8.8.24.2 Standards
of Evaluation as indicated by underlining, and to delete the word "Exterior" in _
item (c).
VOTE: UNANIMOUS. :
18„ ZONING CRDIMRM TEXT AME1+Ix ARTICLE 2 - ApPEAL C&' LtECISION CE'
ZONING OFFICER (TIME.LIMITATION) (A copy of the approved amendment is in the
official Ordinance Book in the office of the Clerk to the Board.)
Motion was made by Commissioner Carey, seconded by Commissioner ;`:;::'"
Marshall, to amend Section 2.3.7.2 of the Zoning Ordinance to extend the time
period within which an appeal for an interpretation of a determination by the
Zoning Officer may be filed from fourteen (14) to thirty (30) days for >• :';_.''_ r
approval.
VCIl'E: UNANIMOUS.
19 ZM=- CRDINANQ TEXT AffM4ENr-ARMCLE 3- TICIAL. ZONING ATLAS
MLAOEMENP (A copy of the approved amendment is in the official Ordinance Book ??;
in the office of the Clerk to the Board.)
Motion was made by Commissioner Marshall, seconded by Commissioner
Willhoit, to amend the Zoning Ordinance, Article 3, to allow for replacement of
the Zoning.Atlas by the Planning Department as needed. '< r,
VOTE: UNANIMOUS.
20. SU1QDIW SION TIONS AMMTMIk-DEFINITIONS(A copy of the
approved text amendment is in the official Ordinance book in the office of the
Clerk to the Hoard.)
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey, to amend the Subdivision Regulations replacing the current definition of
a ,division - defined with the definition consistent with the State's general
enabling legislation. ..;. ,.
VUI'E: UNANIMOUS.
21. ZONING CWIM?%NCE TEXT AMM0�TICLE 8 - SITE P_IMI (A copy of the s
approved text amendment is in the official Ordinance Book in the office of the
Clerk to the Board.)
f
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall, to amend Article 8 Special Use Permits to require that the applicant
submit twenty-sic (26) copies of a Class A Special Use permit site plan and ten
(10) copies of a Class B Special Use Permit site plan to meet the submittal
requirements.
VOTE: UNANIMOUS.
10, CCMPUTER SCFTWARE SALE
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey, to continue the County's practice of sharing data processing software
with other public bodies at no charge, with the County retaining ownership
rights of what it has developed, and to authorize a pricing and sales agreement
be developed for vendor organizations wishing to purchase the software for
rpcatc
37
----- Original Message -----
From: <ficklecreek @mindspring.com>
To: <stevehh @mindspring.com>; <mcareyl @mindspring.com>;
<barry.j @mindspring.com>; <mwbrown @mindspring.com>;
<gordonam @mindspring.com>
Cc: <ficklecreek @mindspring.com>
Sent: Thursday, May 31, 2001 9:03 AM
Subject: Rural Guest Establishments
> Greetings,
> I attended the meeting on Tuesday night with the intention of commenting
on the proposed Orange County Zoning Text Amendments. Regrettably, the
meeting was adjourned to Thursday and i am unable to attend. It was
suggested that i email comments to the commissioners.
> I congratulate Orange county for taking the important step to encourage
agrotourism through rural bed and breakfasts. In many other areas of the US
and Europe, these establishments provide important connections for urban and
subruraban folks to gain first hand appreciation for agriculture and help
support farm diversification that brings in added income. As with most
issues that Orange County gets involved with, it is done 'with gusto' - with
these amendments, i feel that the rules could be made easier to understand
and less cumbersone for folks interested in beginning a rural b and b. my
specific comments are provided below.
> 1. pg 110; 8.8.28.2 a) . This site plan can be a costly enterprise if it
involves a complete survey of the complete property. Perhaps, this could be
modified to a less cumbersome requirement for the 1 to 3 BR B and B
category. Most property has a plat map but newer construction and roads may
not be on this map that is recorded in the deeds office. Would it be
possible to ask applicants to draw to scale items 1) to 4) ? Another option
would be require that this be completed for facilities that are located
within 300 feet or 500 feet of another property.
> 2. pg 111; 8.8.28.2 b) . This seems overkill for a 1 to 3 BR B and B that
will likely no other employees.
3. pg 111; 8.8.28.2 d) . Why is this important to Orange County Government?
Again, if the facility is located away from a road and would not alter the
visual aesthetic for drivers on state roads it seems unimportant for the
county to have jurisdiction over what an owner choses to do for landscaping.
Perhaps a minimum distance from property boundaries or roads would qualify
what situations fall under this concern.
> 4. pg 112; 8.8.28.3 a) . I did not have the opportunity to review the
requirements of 8.8 a) and 8 .8.24 .1 a) . My concern is requiring someone to
go to great expense to begin a small diversification of a larger farming
operation.
> 5. pg 114; 8. 8.28.4 b) . Requiring solar power seems to be micromanaging
the aspect of lighting. As long as the lighting system minimizes night-time
glare any type may be used.
> Thanks again for the opportunity to comment. I heartily support the
general intent of the proposed amendments to foster diversification of farms
and rural areas and enhance important linkages between rural and urban
communities.
• sincerely
• noah ranells
. 1-1—�1
Planning Director Craig Benedict said that this went to public hearing on May 2e of this year.
The process for a bed and breakfast involves a public hearing, return to the Planning Board, and then
deliberation and consideration of adoption by the Board of County Commissioners. There were some
issues identified by the Planning Board: 1) Should the applicant dedicate (in fee simple) both the
property lying within the right-of-way of North Carolina 57 and the small portion on the eastern side of the
right-of-way to the Department of Transportation or Orange County,prior to commencing operation.
Administration is recommending that no dedication has to occur in this instance. 2)A possible
requirement for a land use buffer along the highway. The Planning Director has the ability to waive that
requirement in total if he so chooses. In this case, he is waiving the full`requirement and encouraging
the owners of the bed and breakfast to replant some oak trees when the other oak trees get 150-200
years old. 3) Possible'lighting of the sign by solar power. There was a difference of opinion on this. The
Planning Board does not agree that solar powered lighting is appropriate. Administration recommends
that the sign be lighted by solar power. Administration is recommending approval of this Class A Special
Use Permit.
Commissioner Jacobs asked about the requirement of the Fire Marshall to examine the
premises, Craig Benedict said that the requirement was a state building code issue. Planning staff
cannot make any waiver of those requirements. Commissioner Jacobs was just wondering if the visit by
the Fire Marshall has been coordinated. The staff will make sure that the communication is ongoing and
not at the last minute.
Chair Halkiotis mentioned the importance of bringing together all of the code enforcement
officials so that all activity is done at one time.
Chair Halkiotis said that he is pleased that the County is proactively promoting solar powered
lighting.
Betty Davidson, owner of the Olive Branch i'nn, read a prepared statement: In summary, she
thanked the Board of County Commissioners and the Planning Board for their support during the public
hearing on May 29th- She highlighted the recommendations of the Planning Board including eliminating
the solar lighting requirement, eliminating the fee simple right-of-way dedication condition, and a
complete waiver of the landscape requirement. She pointed out that the solar lighting would be very
expensive for her. She has hired an artist to design a sign that is most appropriate for the Clive Branch
Inn. She said that perhaps solar lighting was best used by larger businesses with larger resources. She
is also concerned about the unsightliness of the solar units. She also said that Fire Marshall Mike Tapp
was scheduled to visit her property on Thursday,August 23d. He has not yet visited her property. She
is going above and beyond what the County fire code requires. She is also having trouble getting in
touch with Derrick Dixon, NCDOT Driveway Permitting Agent regarding the commercial driveway permit
requirement.
Chair Halkiotis made reference to the solar lighting and offered to work with Ms. Davidson on
alternatives. He said that he never intended that she spend.a lot of money for solar lighting or have an
unsightly solar unit or panel on top of the sign. He asked her to work with him and Craig Benedict to look
at some other options.
Commissioner Brown said that it would be nice if the County would purchase solar lighting for
its buildings before requiring citizens to do it.
Betty Davidson said that she would like to open in October and have a lit sign in the evening
by Christmas.
Commissioner Jacobs appreciates what Chair Halkiotis and Commissioner Brown have said
about solar lighting for signs. The Commission for the Environment has been discussing light pollution
and it would seem that the Planning Board has some interest in this also. He said that maybe those
boards might want to coordinate their thinking and try to look at how to approach requirements for
development and special use permits in order to let people know in advance what is required.
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to approve
the Class Special Use Permit in accordance with the Administration Resolution,which is incorporated
herein by reference and to have item #1 set aside for further evaluation(solar powered lighting).
VOTE: UNANIMOUS
b. Rural Guest Establishments Zoning Ordinance Amendments
The Board considered proposed rural guest establishment amendments to the County's
zoning ordinance.
Craig Benedict said that this issue was also presented at the public hearing in May. These
are changes to the actual ordinances that apply to all property in the County. Previously a bed and
breakfast was only available for historic properties. The staff and the Planning Board brought to the
public hearing a creation of a now section of the code, which is called "Rural Guest Establishments". It
has three tiers of approval—a bed and breakfast with one to three guestrooms, a bed and breakfast inn
with four to twelve guestrooms, and a country inn with four to twenty-four guestrooms. With all of these
changes, it sets a stringent system of standards for these establishments. Administration is
recommending amendment of the ordinances to include these new categories and the new standards of
evaluation for the three new types of bed and breakfast facilities.
Commissioner Jacobs made reference to the landscape plan on page 14 where it delineates
the kind of plan required for a bed and breakfast and said that the explanation was intimidating and that
he feels there should be one sentence indicating that a simple drawing of the tree line which is required
would suffice.
In answer to a question from Commissioner Brown, Craig Benedict explained which plan
would have to go to the Board of Adjustment. Commissioner Brown said that she feels these plans
should come before the County Commissioners instead of the Board of Adjustment. She would like to
monitor the requests. She thinks the Board of Adjustment is sometimes a longer process.
Commissioner Gordon asked which zoning districts rural guest establishments are allowed.
Craig Benedict said that the bed and breakfasts are allowed in RB districts, AR districts, and R1 districts;
the bed and breakfast inns are allowed in AR districts and RI districts but not allowed in the critical area
of University Lake, protected watershed of University Lake, Cane Creek critical area, or Upper Eno
critical area; and the country inns are allowed in the same areas as the bed and breakfast inns.
Commissioner Gordon agrees with Commissioner Brown's idea of having the County
Commissioners approve the rural guest establishments.
Commissioner Jacobs asked if it would suffice if we received a report on the applications that
have been received by the Planning Department annually. Craig Benedict said that he would do an
annual report for zoning permits and give reports on Class B special use permits online.
Commissioner Gordon made reference to the RB and asked if this was the RB in the JPA and
Craig Benedict said yes. She suggested adjusting the Class A Special Use Permit for the bed and
breakfast inn from four to twelve to four to eight. She said that twelve is a lot for a bed and breakfast.
County Attorney Geoffrey Gledhill suggested to not take action on allowing these bed and
breakfast establishments in the rural buffer until we get some reaction from the Chapel Hill Town
Council. The Joint Planning Agreement does require text amendments to be provided to Chapel Hill and
Carrboro.
A motion was made by Commissioner Gordon, seconded by Commissioner Brown to approve
the proposed amendments without the rural buffer component. In terms of the Class B special use
permit, the number of guestrooms in a bed and breakfast inn will be reduced to four to eight guestrooms
and the Class A special use permit will be for nine to twenty-four guestrooms.
VOTE- UNANIMOUS
C. Gold Mine Property—Preliminary Plan
The Board considered a preliminary plan for the Gold Mine property in Bingham Township.
This is a nine-lot subdivision off of Gold Mine Road, a state maintained dirt road. The average lot size is
three acres,which is over three times the minimum lot size. This is an open space flexible subdivision
that provides 33%open space. The open space is along the roadway corridor and along the perimeter
of some of the lots where there is a small stream. This subdivision did meet the private road justification.
There will be individual wells and septic systems. The recreation requirement is being fulfilled by paying
$455 for each lot for the district park requirement. The Planning Board approved this project and the
administration also recommended approval.
Commissioner Jacobs made reference to page six and the certificate of declaration and
maintenance and asked if that is for the road and Craig Benedict said yes. This declaration would be
enforced by the Homeowners Association,
Commissioner Jacobs said that there is no place in the resolution where the Homeowners
Association is required to maintain the road. Geoffrey Gledhill said that it was not stated because it may
I I -
coordinated street system. C�,A C —�7,"-)UI - G---,2 5
i Amendments to Flexible Development Street Standards Consistent with Private Road
Standards Adopted October 10, 2000
The Board approved proposed amendments to the Orange County subdivision regulations,,
section IV-13-1.0.4,flexible development street standards.
k. Appointment,to arrboro Board ofAdiustment
The Board appointed John I. Ring to the Carrboro Board of Adjustment for a term ending
February 28, 2004.
11.. Appointment to Orange Community Housing and Land Trust(OCHLT)
The Board appointed Garry Sronce to the Orange Community Housing and Land Trust for a
term ending at the first Annual Meeting, spring, 2002.
m.. Appointment to the Carrboro Committee to Preserve the Adams Property on Bolin
Creek The Board appointed Rich Shaw as the County Commissioners representative to the
Carrboro's Committee to Preserve the Adams Property on Bolin Creek.,
n. Appointment to the Hillsborough Board of Adiustment to an Extraterritorial,Jurisdiction
(ETJ) Position
The Board removed this item for separate consideration at the end of the Consent Agenda.
VOTE ON THE CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM THE CONSENT AGENDA
S. HOME Program --Property Acquisition
The Board considered authorizing a development agreement with the Town of Chapel Hill on
behalf of the Orange County HOME Consortium for the acquisition of rental property in Chapel Hill.
Commissioner Jacobs said that he recalls approving$75,000 for a similar single unit rental
property acquisition also in Chapel Hill. This seems like a tremendous expenditure to benefit a single
family. He suggested that the $75,000 in bond monies could be better spent for some other projects
proposed or the monies held until they could be used to benefit more people. He asked that the
Affordable Housing Advisory Board review this project and provide any recommendations about the
appropriation of the $75,000.
Commissioner Brown suggested asking the Chapel Hill Department of Housing about this
property. Housing and Community Development Director Tara Fikes agreed to do this.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to approve
expenditure of the HOME Consortium funds for the property acquisition and then get further'information
and values regarding whether or not to expend bond funds on this as well,.
VOTE: UNANIMOUS
f Rural Guest Establishments Zoning Ordinance Amendments
The Board considered a decision on proposed Rural Guest Establishment amendments to the
zoning ordinance pertaining to the Rural Buffer Zoning District.
Commissioner Gordon read the definition of Rural Guest Establishment and asked about the
limits for the hours of operation. She thinks there should be some standards. Planning Director Craig
Benedict said that with"a class B or a class A Special Use Permit, there could be some conditions
specified to limit the hours of operation.
He feels that this may be someone who wants to stay in their house instead of selling it, and by using
their house for a rural guest establishment it may enable them enough income to stay in their house.
Chair Halklotis agreed with Commissioner Carey in that we should be flexible.
Commissioner Gordon would still like to address the issue of the hours of operation.
Commissioner Jacobs suggested surveying the bed and breakfast establishments in the
County and see what their hours of operation are. He feels we should look and see how consistent we
are with the size of our signs. He agrees with Commissioner Carey and Chair Halkiotis.
A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to approve
the proposed Rural Guest Establishment amendments to the zoning ordinance pertaining to the Rural
Buffer Zoning District and to later discuss whether or not there should be modifications after a survey of
hours of operation and the sizes of signs is made.
VOTE: UNANIMOUS
n. Appointment to the Hillsborough Board of Adiustment to an Extraterritorial Jurisdiction
(ETJ) Position
The Board considered an appointment to an extraterritorial jurisdiction position on the
Hillsborough Board of Adjustment.
Commissioner Gordon asked that we continue to advertise this ETJ position and bring back
for Board approval before the expiration of the 90-day time limit in which the County Commissioners
have to accept or not accept the recommendation from the Hillsborough Town Commissioners. She said
that this person does not live in the extraterritorial jurisdiction, but in town.
The Board agreed to postpone this decision and to continue to advertise.
9. ITEMS FOR DECISION - REGULAR AGENDA
a. Reaueltftr Civil Penalties—Hu,lan Bradshaw& Dolley Torain2oning Violation—
Storage of Unanchored, Unsecured Manufactured Home;
The Board considered the assessment of civil penalties for a continuing zoning violation.
Craig Benedict said that this mobile home could not exist on the property because there is
presently other structures. The staff has been in direct face-to-face contact with Mr. Bradshaw since
March 2001. The complaint was originated by the neighbors. The request is for the removal of the
mobile home. Over the last nine months, there has been no progress. Mr. Bradshaw has asked that
they be given time to repair the mobile home and eventually move it. As of this date,there has been no
activity. Mr. Bradshaw has been informed of this meeting, but he was not present. The administration
recommends that the property owners beheld in violation and be assessed a civil penalty of$100 per
day, from October 15, 2001. The amount as of today would be $3,600.
Zoning Enforcement Officer Tom King said that he did discuss moving the home to a vacant
tract of land in the area, and Mr. Bradshaw's son stated that Mr. Bradshaw owned a vacant piece of
property in Cedar Grove. Tom King said that they were supposed to come into the office today to
discuss this possibility, but did not show. He is willing to explore this option if the Board allows more
time. He thinks this is a positive solution.
Commissioner Jacobs is willing to give Mr. Bradshaw until December 3rd to resolve the
situation.
John Link suggested that the Board indicate intent to exercise the penalties, but the penalties
would be suspended upon successful adherence to the solution brought forward by the staff, that the unit
be transferred to the vacant tract.