HomeMy WebLinkAboutORD-2001-028 Stream Buffer Zoning Ordinance Amendments Ordinance 3
An Ordinance Amending the Zoning Ordinance of Orange County
THE BOARD OF COMMISSIONERS OF ORANGE COUNTY ORDAINS THAT THE
ORANGE COUNTY ZONING ORDINANCE IS AMENDED AS FOLLOWS:
Bold = Proposed Text
Striketheug# = Deleted Text
Section 1: Amend Article 22 DEFINITIONS by creating two new definitions as
follows:
Federal Emergency Management Agency (FEMA) —An
independent agency of the federal government.
Lot, Usable —The portion of a zoning lot unencumbered by stream
buffers, drainage easements, public and private rights-of-way,
access easements, and transmission line easements. Lot, Usable
also excludes all areas within lots having slopes greater than 20%,
all bodies of water including, but not limited to, ponds, lakes,
reservoirs and the area within wildlife corridors (as defined in the
Land Use Element of the Orange County Comprehensive Plan) up to
a maximum width of 150 feet total or the width of the stream buffer,
whichever is greater.
Section 2: Amend Section 6.23.7a and Article 22 DEFINITIONS of Stream Buffer to
clarify that the stream buffer is not to be included within the floodplain.
Stream Buffer— a stream buffer is an area of land adjacent to perennial
and intermittent streams or FEMA identified floodplains, whichever is
greater, which, except as permitted in Article 6.23.7 of this Ordinance,
must remain undisturbed in its natural state. Perennial streams are shown
as solid blue lines and intermittent streams as broken lines on the USGS
Quadrangle maps. The stream buffer shall extend around the
perimeter of all water bodies including ponds, lakes and reservoirs if
any portion of the stream buffer of a perennial or intermittent stream
touches the water body.
Section 3: (page 6-41 —Zoning Ordinance) 6.23.7d. Calculating the Width of Stream
Buffer
Those streams identified by FEMA as having floodplains shall have
stream buffers calculated from the outside edges of the floodplain.
1) How to Calculate Slope (See illustration attached)
a. Draw a lise 250' length perpendicular te the 6tFeam lines, at 200-foot
horizontal intervals along the entire length of the outside edges of
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the stream, to the stream, or the outer edge of the FEIVIA floodplain,
whichever is greater.
b. Determine the elevation at either the stream bank itself(1) or the outer
edge of the FEIVIA floodplain, whichever is highest, and at the point
250' from the stream or FEIVIA floodplain, whichever is applicable,
along the perpendicular line (2).
C. Subtract (1)from (2).
d. Divide c. by 250.
e. Multiply d. by 100.
f. Perform this calculation for both sides of the stream or floodplain.
(See Attachment A for example of how the calculations shall be
performed)
Hereafter, the number derived in e. will be referred to as "slope value".
2) Method A— Stream Buffer Based on Slope and Groundcover
The width of the buffer shall be a minimum of fifty (50) feet from each
edge of the floodplain. , plus the slepe value multiplied by-fGw In addition
to the fifty (50) foot buffer, an additional 15 feet shall be added to the
50-foot buffer(65 feet total)where the slope value is less than 7.5%,
as measured 250 feet from the edge of the floodplain. For slope
values 7.5% and greater, as measured 250 feet from the edge of the
floodplain, an additional 30 feet shall be added to the 50-foot buffer
(80 feet total). These calculations shall be made from each side of
either the stream bank or floodplain, whichever is greater.
Section 4: Amend Detailed Table of Contents Section 6.24 to read as follows:
Additional Requirements for Lots Outside of Watershed Protection
Areas
Create new Section 6.24.1 to include a minimum stream buffer for areas
outside of Orange County Watershed Protection Overlay Districts to read
as follows:
In areas not identified on the Official Zoning Atlas as Watershed
Protection Overlay Districts, a stream buffer a minimum of 50 feet in
width shall be established along both sides of perennial streams and
intermittent streams, or along the FEIVIA identified floodplains,
whichever is greater. Perennial streams are those streams shown as
solid blue lines, and intermittent streams are those streams shown
as broken blue lines on the USGS Quadrangle maps for Orange
County. The stream buffer shall extend around the perimeter of all
water bodies including ponds, lakes and reservoirs if any portion of
the stream buffer of a perennial or intermittent stream touches the
water body.
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Create new Section 6.24.2 to read as follows:
Minimum Usable Lot Area for Lots that Utilize Ground Absorption
Wastewater Systems
The usable lot for parcels between 40,000 square feet and 1.99 acres
in size shall be a minimum of 30,000 square feet. Zoning lots two
acres and greater shall have a minimum usable lot area of at least
40,000 square feet.
Create new Section 6.24.3 to read as follows:
Applicability and administrative provisions of Section 6.23 shall
apply to this section.
Section 5: Amend Section 6.23.10 APPLICABILITY to read as follows:
a) Existing Development
For the purpose of determining compliance with or applicability of
Article 6.23 of this Ordinance, existing development is defined as a
residential or non-residential structure which
1) was constructed prior to January 1, 1994 (October 19, 1999, with
respect to the October 19, 1999 amendments related to the CANE-
CA and CANE-PW districts and September 19, 2001 with respect
to the Stream Buffer/Usable Lot amendments); or
2) was constructed in accordance with a valid building permit issued
prior to January 1, 1994 (October 19, 1999, with respect to the
October 19, 1999 amendments related to the CANE-CA and
CANE-PW districts and September 19, 2001 with respect to the
Stream Buffer/Usable Lot amendments); or
3) was included as part of a Site Specific Development Plan approved
by the Board of Commissioners prior to January 1, 1994 (October
19, 1999 with respect to the October 19, 1999 amendments related
to the CANE-CA and CANE-PW districts and September 19, 2001
with respect to the Stream Buffer/Usable Lot amendments); or
4) had otherwise established a vested right under North Carolina
Zoning law prior to January 1, 1994 (October 19, 1999 with respect
to the October 19, 1999 amendments related to the CANE-CA and
CANE-PW districts and September 19, 2001 with respect to the
Stream Buffer/Usable Lot amendments).
Existing development is hereby deemed to be conforming with respect
to requirements of Article 6.23 of this Ordinance. Periodic updates to
FEMA maps may affect structures located within the floodplain of
specific streams. The zoning ordinance text amendments dated
September 19, 2001 only affect the Stream Buffer section of the
ordinance and are not meant to supersede any FEMA regulations
or requirements.
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Section 6: This ordinance shall be effective upon its adoption.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that ....
Upon motion of Commissioner , seconded by Commissioner
the foregoing ordinance was adopted this the 18th day of September
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 September 18, 2001 as
relates in any way to the adoption of the foregoing and that said proceedings are
recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of ,
2001.
Clerk to the B and of Commis loners
ortJ ��
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abandoned cars parked at the residence. Mr. Brooks indicated that he would be selling two of the
vehicles to Hoyle King. However,the vehicles are still on site.
Tom King, Planner 2, Zoning Enforcement Officer, said that as of today, Mr. King was
supposed to come and pick up the two vehicles but this has not been done. There was not a reaction
from Mr. Brooks one way or the other to the fact that the civil penalties now total$7,500.
Commissioner Brown asked about the County Commissioner's options. Geoffrey Gledhill
said that the County Commissioners could determine when to start assessing the civil penalties. The
penalties started accruing on July 6, 2001. If the Brooks' do correct the zoning violation,the County
Commissioners can cancel the enforcement action and not insist on collecting the money.
John Link suggested that the letter sent to the Brooks state that the penalty is assessed, but
any appeal to the penalty would require action to remove the violation.
Commissioner Brown would be comfortable with that if the zoning officer would hand deliver
the letter and explain it to the Brooks'.
Commissioner Gordon asked Geoffrey Gledhill for his recommendation. Geoffrey Gledhill
suggested that the Zoning Enforcement Officer hand deliver to the Brooks'the resolution in the agenda
and a letter, which indicates that if the zoning violation is corrected within thirty days that the civil
penalties will be remitted.
A motion was made by Commissioner Jacobs, seconded by Commissioner Brown that the
Zoning Enforcement Officer hand-deliver the Resolution for Assessment of Civil Penalties to the Brooks'
with a cover letter indicating that the civil penalties will be remitted if the zoning violation is corrected
within thirty days. Also,the letter will be explained to the Brooks' in person.
VOTE: UNANIMOUS
b. Stream Buffer Zoning Ordinance Amendments
The Board considered the proposed Stream Buffer Amendments.
Craig Benedict said that these amendments were first brought forward in 2000 and there was
a public hearing that was continued from December 4, 2000. At that meeting, there was some question
about the lots that would be affected and the lots that would be grandfathered in He distributed a,
summary of the stream buffer amendments. He summarized the amendments in the five sections of the
Stream Buffer section in the Zoning Ordinance.
Commissioner Gordon asked about process and how a member of the public would process
this information. She feels that the way these amendments are written is pretty confusing and she asked
for a clarification of the various numbers (i.e., wildlife corridor is 150 feet, etc.). Craig Benedict said that
these stream buffer regulations had been in the code for over 10 years and the amendments were
simplified from the previous code. He further explained some of the numbers.
In answer to a question from Commissioner Gordon, Robert Davis, Planner 2, read from the
ordinance, Section 6.23.10c.
John Link suggested addressing this item at a future work session. The Board decided to act
on this Rem because the questions were addressed sufficiently.
A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to adopt
the attached Stream Buffer Zoning Ordinance amendments.
VOTE: UNANIMOUS
C. Orange County/Hillsborough's EDD Task Force Further Authorization Reagest
The Board received an update from the Economic Development Districts (EDD) Task Force
and EDD Joint Transportation Advisory Committee (JTAC) and considered the next steps.
Craig Benedict summarized the Orange County/Hillsborough Cooperative Projects, both short
and long-term. He said that the staff is asking the Board to approve the continuation of the charge of this