HomeMy WebLinkAboutAgenda - 11-08-2012 - 6a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 8, 2012
Action Agenda
Item No. 6-a
SUBJECT: Unified Development Ordinance Text Amendments (Closure & Action Hearing)
— Solar Arrays
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) YO
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan/Future Land Use Map Michael D. Harvey, Planner III, 245-2597
and Unified Development Ordinance (UDO) Craig Benedict, Director, 245-2575
Amendment Outline Form (UDO / Zoning
2012-12)
2. Ordinance Amendment Package
3. Excerpt from Draft August 27, 2012
Quarterly Public Hearing Minutes
4. Excerpt from September 5, 2012 Planning
Board Minutes
5. August 13, 2012 Commission for the
Environment Meeting Summary
PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and
make a decision on Planning Director initiated text amendments to the Unified Development
Ordinance (UDO) regarding the review and permitting of solar arrays.
NOTE: As the Board may recall from previous discussions with staff and the County Attorney,
public hearings on Special Use Permits, UDO text amendments, and Zoning Atlas amendments
are typically adjourned to a day/time certain in order for the BOCC to receive the Planning
Board recommendation.
The re-convening of a hearing is solely for this purpose and is not intended to solicit additional
input on a given item. As a result the date and time of the hearing is not advertised in the paper.
There has been confusion as to the ability of local residents and the applicant to speak during
this reconvened hearing.
Staff is attempting to modify the nomenclature utilized in describing the purpose and intent of
the hearing to avoid unnecessary confusion. This will be referred to as a `closure/action'
hearing intended to allow the BOCC to receive the Planning Board recommendation only. While
the BOCC may ask staff questions related to the review of a given item, comments from the
public or the applicant should not be solicited.
It should be further noted that accepting additional public comments at this stage of the review
(i.e. the reconvened hearing) would constitute a violation of the UDO.
BACKGROUND: This item was heard at the August 27, 2012 Quarterly Public Hearing. The
overall intent of the amendment package is to establish a distinction between the erection of a
solar array for personal use versus the erection of an array to serve as an income generator or a
2
public utility. The amendment package also identifies several corrections designed to address
existing inconsistencies within the UDO related the regulation and development of utilities.
Attachment 1 includes a synopsis of the comments made at the Quarterly Public Hearing.
Attachment 3 contains an excerpt from the draft minutes from the August 27, 2012 Quarterly
Public Hearing. A copy of agenda materials from the public hearing can be found at:
http://oranqecountvnc.qov/OCCLERKS/120827c3.pdf
Planninq Board Recommendation: The Planning Board considered this item at its September 5,
2012 and voted unanimously to recommend approval of the amendment package with two
modifications, specifically:
a. Amend Section 5.9.6 (A) (1) (b) to establish limits for a solar array erected as an
accessory use (i.e. staff review and approval) based on net-metering policies
observed by local utility companies not to exceed 20 kilowatts.
b. Allow for arrays with front yard open space areas outside of established setback
areas.
Staff has incorporated these modifications into the ordinance amendment package contained
within Attachment 2. Attachment 4 contains the minutes for the Planning Board's September 5,
2012 regular meeting.
Planninq Director's Recommendation. The Planning Director recommends approval of the
proposed UDO amendments as contained within Attachment 2 based on the following:
i. The amendments establish appropriate permitting thresholds and review criteria for solar
arrays;
ii. Previously identified inconsistences have been corrected;
iii. The amendments are reasonably necessary to promote the public health, safety, and
general welfare and to achieve the purposes of the adopted Comprehensive plan or part
thereof; and,
iv. The UDO amendments are consistent with the goals and policies of the adopted
Comprehensive Plan.
Procedural Information. In accordance with Section 2.8.8 of the Unified Development
Ordinance, any evidence not presented at the public hearing must be submitted in writing prior
to the Planning Board's recommendation. Additional oral evidence may be considered by the
Planning Board only if it is for the purpose of presenting information also submitted in writing.
The public hearing is held open to a date certain for the purpose of the BOCC receiving the
Planning Board's recommendation and any submitted written comments.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board's recommendation of approval;
2. Close the public hearing; and
3. Adopt the ordinance amendment contained in Attachment 2.
Attachment 1 3
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENTOUTLINE
UDO / Zoning-2012-012
Amendment(s) addressing the development of solar arrays
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: ---
To: ---
❑ Zoning Map:
From:- --
To:---
� Other:
Text Amendments
❑ Comprehensive Plan Text:
Section(s).
� UDO Text:
❑UDO General Text Changes
�UDO Development Standards
❑UDO Development Approval Processes
Section(s): 1. Section 5.1.2 Uses Permitted as a Matter of Right;
2. Section(s) 5.2.1 and 5.2.2 — Table of Permitted Uses;
3. Section 5.9 Standards for Utilities;
4. Article 10 — Definitions
� Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
1
4
initiated a text amendment to modify existing language governing the development of
utilities within the county. The amendment proposal will also include the
development of new regulations associated with the development of solar arrays.
Through this process, staff is proposing to modify the UDO to:
• Modify and clarify existing regulations governing the development of utilities
within the County,
• Create new section(s) governing the development of solar arrays as
accessory uses, and
• Create new section(s) governing the development of alternative energy
devices as a principal use of property.
Additional work may be necessary to address specific design standards for other
alternative energy devices (i.e. wind, geothermal, etc.) as directed by the BOCC.
During the review of proposed modifications, staff determined additional
amendments would be necessary to the following Sections of the UDO:
1. Section 5.1.2 Uses Permitted as a Matter of Right;
2. Section(s) 5.2.1 and 5.2.2 — Table of Permitted Uses;
3. Article 10 — Definitions
in order to properly incorporate proposed revisions.
2. Analvsis
Recently there has been heightened interest in the development of solar arrays
within the county. While there is technically no land use category within the UDO
specifically geared towards the development of a solar array, staff has determined
that such uses would fall into the following land use designations as detailed within
Section 5.2 Table of Permitted Uses of the UDO:
1. ACCESSORY USE: Staff would consider the erection/use of a solar array
intended to generate energy for either direct personal consumption or as a
means of off-setting power usage through established programs with various
local utility companies as a customary accessory use, permitted by right (i.e.
staff approval) for all developments in every zoning district.
The main caveat is that the device has to be subordinate to the principal use
on a given parcel of property and not, due to its size, dwarf the existing
principal use and be required to adhere to all applicable development
limitations (i.e. setbacks, impervious surface, etc.).
2. PRINCIPAL USE: Staff would consider any development of a solar array to be
permitted as a Public Utility Stations and Substations, Switching Stations,
Telephone Exchange, Water and Sewer Treatment Plants land use, which is a
permitted use in every zoning district subject to the review and approval of a
Class A Special Use Permit.
Existing development standards do not necessarily complement the development of
2
5
solar arrays from a landscape/buffer, setback, stormwater, impervious surface limit,
or height limitation standpoint.
There is also no administrative procedure within the UDO that would provide staff
sufficient flexibility in addressing these issues without a comprehensive amendment
package, except the potential of using the Conditional Use process that would create
site specific regulations for a given property mutually agreed to by the applicant and
the elected officials.
This proposal establishes a hierarchy of review/approval processes allowing for the
development of a solar array based on the level of anticipated service to the property
owner, specifically:
• An array generating under 20 kilowatts or power on a residentially zoned
parcel of property shall be processed administratively by staff as an `accessory
use'. With respect to a non-residential development, the established limits
allowing for the request to be processed administratively shall be based on the
estimated power needs of the land use;
• An array generating over 20, but under 100, kilowatts is classified as a `Solar
Array — Large Facility' within the UDO requiring the issuance of a Class B
Special Use Permit; and
• An array generating over 100 kilowatts is classified as a `Solar Array — Public
Utility' within the UDO requiring the issuance of a Class A Special Use Permit.
The Planning Director recommends approval of the proposed UDO amendments as
contained within Attachment 2 based on the following:
i. The amendments establish appropriate permitting thresholds and review
criteria for solar arrays;
ii. Previously identified inconsistences have been corrected;
iii. The amendments are reasonably necessary to promote the public health,
safety, and general welfare and to achieve the purposes of the adopted
Comprehensive plan or part thereof; and,
iv. The UDO amendments are consistent with the goals and policies of the
adopted Comprehensive Plan.
3. Comprehensive Plan Linkaqe (i.e. Principles, Goals and Objectives)
Land Use Overarchinq Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy consistent
3
6
with other Com rehensive Plan element oals and ob�ectives.
p 9 J
• Natural and Cultural Systems Goal 1: Energy conservation, sustainable
use of non-polluting renewable energy resources, efficient use of non-
renewable energy resources and clean air.
• Objective AE-15: Foster participation in green energy programs such
as installation incentives for solar hot water/solar generation/solar
tempering in residential or commercial construction. The County should
develop programs that will link citizens and businesses with options for
alternative and sustainable energy sources.
• Objective AG-8: Encourage the use and production of natural fuel
alternatives to petroleum based products and pursue new types of
energy sources.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
April 3, 2012
b. Quarterly Public Hearing
This item was heard at the August 27, 2012 Quarterly Public Hearing. During the
meeting the following comments were made:
1. BOCC and Planning Board members expressed a desire to allow solar
arrays within the front yard open space area of a given property and asked
staff to provide additional detail on the rationale for existing limitations.
Staff Comment: Staff identified this issue within our presentation and
amendment package to remind all parties there is existing language within
the UDO regulating the location of accessory uses and structures within
`required front open space'. As certain solar arrays are going to be
considered accessory uses, they will be subject to the same prohibitions.
The applicable terms associated with this limitation are as follows:
• Article 10 Definitions of the UDO defines Yard, Front as:
The required open space extending the full width
4
7
of the lot and to a depth equal to the required
setback line, measured horizontally at right
angles to the rear lot line
• Article 10 defines Lot Line, Front as:
In the case on an interior lot, the lot line
separating said lot from the street, in the case of
a corner lot or through lot, the lot line separating
said lot from that street which is designated as
the front street in the request for a building permit
Section 5.5.1 (A) (1) Accessory Structures and Uses of the UDO reads as
fol lows:
Accessory structures and uses shall not be
located in any required front open space and
shall conform to the principal setbacks of the
district where located unless otherwise provided
in this Section.
There are numerous rationales for limiting the development of accessory
uses within identified front open space areas, namely:
• Preservation of visual window to allow those entering and leaving
the property to see oncoming traffic without obstruction,
• Unobstructed view of the residence for security purposes,
• Avoiding the placement of structures creating visual distractions for
motorists.
Based on current language staff does not allow accessory structures in the
front open space. If there is a desire to allow greater flexibility for solar
arrays, our only point in bringing up this matter is to remind all this Section
will have to be amended to accommodate the change.
2. Some BOCC and Planning Board members expressed a desire to limit the
placement of solar arrays within front yard areas to avoid unnecessary
aesthetic issues for adjoining property owners and motorists.
3. A Planning Board member indicated he believed the text amendment was
overly restrictive in establishing the proposed accessory use solar array
power limit (Section 5.9.6 (A) (1) (b) of the proposed amendment) of 10
kilowatts when utility providers (i.e. Duke Power) would allow up to 20
kilowatts for a residential system.
Staff Comment: Staff stands by our recommendation on the proposed 10
kilowatt limit.
This recommendation was based on existing limits imposed on property
5
8
owners seeking tax credits and other similar incentives with respect to the
development of solar arrays for personal use.
NC Green Power, an independent nonprofit organization, recognizes
small, residential, power systems as one that generates less than 10
kilowatts of power. In reviewing their
website, http://www.nc�reenpower.or�/index.php, staff obtained the
following information:
Applications for generation for small solar PV and wind under
this application must meet the following conditions:
• The system is a small solar photovoltaic (PV) system with a
generating capacity of 5 kW or less, before derating. OR:
The system is a small wind system with a generating
capacity of 10 kW or less.
• The system is interconnected or in the process of being
interconnected with the local electric utility servicing the site.
• The system is generating electricity to the North Carolina
power grid.
• The system is not participating in a net metering program
and not selling RECs to any other party.
Additional resources and capacities not meeting the
requirements of this application may be eligible for inclusion in
NC GreenPower through the standard bidding process used for
solicitation of generation for the program. Please visit the NC
GreenPower website for updates on the bidding process.
A large system, by NC Green Power's definition, is a unit generating over
10 kilowatts of energy.
It needs to be remembered, however, staff is not recommending property
owners be prevented from installing a larger system. Further we are not
recommending property owners be prevented from participating in a net
metering program. We are simply identifying the review process by which
a solar array is reviewed and approved.
Systems over 10 kilowatts appear to be geared more towards not only
satisfying local, on-site, power needs but also serving as an income
generator for the property owner. These types of arrays deserve a
heightened level of scrutiny and should not be reviewed at the staff level.
Allowing for the development of larger arrays satisfying the property
owner's on-site power needs while allowing for the sale of excess power to
be processed as a Class B Special Use Permit is consistent with the
6
9
County's current policies requiring a heightened level of pubic review and
approval of non-residential land uses in residential settings.
4. BOCC and Planning Board members suggested that revisions were
necessary to Section 5.9.6 (1) (j) to address confusing wording.
Staff Comment: Staff has revised the Section to read as follows:
In cases where a solar array has not been in operation for a
period of 6 months due to a malfunction or other defect the
property owner shall affect repair(s) to the system within 30
days of notice from the County in accordance with Section
9.5 Enforcement of the UDO.
In cases were the array has been deemed unsafe it shall be
removed immediately in accordance with Section 9.5.5 of
the UDO.
Within the revised Ordinance (Attachment 2) this provision has been
renumbered to Section 5.9.6 (1) (k).
5. A BOCC member expressed concern there appeared to be insufficient
opportunities to allow a group of property owners in an existing subdivision
to secure land and develop a community solar array.
Staff Comment. Staff agrees the proposed Ordinance does not specifically
address the aforementioned situation.
We believe, however, there is sufficient opportunity for a group of local
residents to secure property and seek the approval of a Solar Array —
Large Facility (Class B Special Use Permit) or a Solar Array — Utility (Class
A Special Use Permit) to address local power needs.
Staff will continue to review the matter and seek guidance from BOCC and
Planning Board members.
6. A Planning Board member suggested that Section 5.9.6 (A) (1) (b) be
amended to allow for a residential solar array to be sized and allow the
generation of power consistent with a local utility companies net metering
policy.
Staff Comment. The term net metering has the following meanings:
• Per the Federal Energy Policy Act of 2005 net metering means:
`service to an electric consumer under which electric energy
generated by that electric consumer from an eligible on-site
generating facility and delivered to the local distribution facilities
may be used to offset electric energy provided by the electric utility
to the electric consumer during the applicable billing period'
7
10
If this is the will of the Board, staff can be directed to make the change.
From our standpoint there is nothing in the proposed amendment
preventing a property owner from participating in a net metering program.
7. Both BOCC and Planning Board members suggested screening and
buffering requirements denoted in Section 5.9.6 (A) (1) (h) were
unnecessary. A general comment was made that the noise generated
from such a facility would be no more than a heating/cooling system. A
BOCC member asked for additional clarification on what exactly we were
attempting to accomplish with the standard and how the size of the
mechanical unit associated with a solar array compared with other devices
located on residential property.
Staff Comment. Staff concedes the point we do not require the buffering
or shielding of HVAC equipment on residential lots.
Our original goal was to provide separation for equipment that was high
voltage in nature, may generate a constant noise or hum, and be
susceptible to damage (i.e. falling tree debris, grass clippings, etc.) with a
barrier of some form for protection and to address potential conflicts with
adjacent property owners.
As there appears to be consensus from both Planning and BOCC
members on this matter, staff has revised the section to read as follows:
All mechanical equipment associated with, and necessary for,
the operation of the array shall be shielded to avoid damage.
This shielding may take the form of a small enclosed structure
properly vented to allow for air flow, fence, or landscape
hedge.
Whatever shielding the property owner deems appropriate based on the
listed suggestions will satisfy the Ordinance requirements.
8. A BOCC member asked for clarification of language within Section 5.9.6
�A) ��) �9)�
Staff Comment: The Section has been revised to read as follows:
As part of the site plan submittal, the applicant shall be
required to submit documentation detailing the proposed array
will not alter, or require the alteration of, any condition
imposed as part of a previous approval allowing for the
development and use of the property.
9. A BOCC member asked why a solar array would be considered as part of
the impervious surface area calculation with respect to demonstrating
compliance with Section 4.2.5 of the UDO.
8
11
Staff Comment: Staff has received correspondence from the State
indicating fixed solar panels that do not track the sun, are considered to be
impervious surface area.
10.BOCC and Planning Board members asked how the ground mounted
array height limit, detailed within Section 5.9.6 (A) (3) of the proposed text
amendment, was determined.
Staff Comment: The height limit was based on sample Ordinances from
other jurisdictions and states. We believe the height limit is appropriate
and allows for the reasonable installation of an array.
11.A BOCC member indicated it would be difficult for a developer to comply
with the provisions of Section 5.9.6 (B) (1) (a) and (C) (1) (a) of the
proposed text amendment, with respect to providing a site plan showing
`existing and proposed buildings' as they may not know where all
`proposed buildings' are going to be located.
Staff Comment: Staff has revised the language within both sections to
reference denoting the location of any `building/structure' associated with
the proposed array in an effort to correct this oversight and address the
concern.
c. BOCC Updates/Checkpoints
June 2012 —Approval of legal ad
November 8, 2012 — receive Planning Board recommendation
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Sco e: Public Hearin rocess consistent with NC State Statutes and
p 9p
Orange County ordinance requirements
a. Planning Board Review:
July 11, 2012 — Ordinance Review Committee (ORC).
The ORC met on July 11, 2012 to review this item. A summary of the comments
made during the meeting is as follows:
1. The proposed amendment should include language requiring detailed
information on the location of battery storage areas for a solar array to
ensure local fire departments and emergency responders are aware
where they are when responding to an emergency.
Staff Comment: Suggestion was incorporated.
9
12
2. A question was posed if existing language was too nebulous with
respect to what constitutes glare.
Staff Comment: There is an existing definition of `glare' within Article 10
of the UDO that will be modified as part of this amendment proposal to
address the concern. The modification will add language related to the
reflection of light from an array or a glass surface as well as a lighting
source.
3. A question was asked if the proposed 15 foot height limit was
reasonable.
Staff Comment: Both staff and Planning Board member Pete
Hallenbeck, who has a solar array on his property, indicated the height
limitation was acceptable.
4. Several comments were made about the proposed land use buffers for
a large-scale solar array project. Board members indicated 50 feet may
be too extreme and that a smaller buffer may be more appropriate.
Staff indicated this can be a point of discussion during the public
hearing.
It should be noted that during a meeting with members of the
Commission for the Environment a similar concern was expressed.
5. Board members indicated an array should be allowed anywhere on a
parcel of property so long as it meets setback requirements. Board
members expressed concern over staff's proposal to limit the erection
of arrays to side and rear yard areas.
Staff Comment: Section 5.5.1 of the UDO indicates accessory uses
shall not be located in `any required front open space'. Staff was
merely looking to treat a solar array the same as other accessory uses.
Staff is looking for direction from the BOCC with respect to this issue. It
should be noted that members of the Commissioner for the
Environment expressed a similar concern.
If the BOCC determines that solar arrays ought to be allowed within the
required front open space, Section 5.5.1 (a) will need to be amended to
eliminate the potential conflict.
6. Concern was expressed over proposed regulations over the total
amount of electricity that can be generated by a solar array.
Staff Comment: Staff is attempting to establish a permitting threshold
for various array projects. To address this concern, and after
consultation with the director, staff modified the proposal as follows:
• Proposed limits for accessory solar arrays for residential land
10
13
uses will remain as originally proposed,
• Proposed limits for non-residential land uses will be modified to
allow for power generation to match anticipated need for the
given development. What staff wanted to do was address the
Board's concern that an industry that needed 100 kilowatts to
operate could erect an array that would meet that need. Staff did
not want to propose a limit that would, in effect, eliminate the
possibility of a non-residential land use becoming self sustaining,
• As originally proposed there were only 2 processes, site plan
and a Class A Special Use Permit process. The revised
ordinance now allows for an array under 100 kilowatts to be
reviewed and approved under a Class B Special Use Permitting
process.
September 5, 2012 — Recommendation. The Planning Board met on September
5, 2012 and unanimously recommended approval of the amendment package
with the following modifications:
a. Amend Section 5.9.6 (A) (1) (b) to establish limits for a solar
array erected for private use based on net-metering policies
observed by local utility companies not to exceed 20 kilowatts.
b. Allow for arrays with front yard open space areas outside of
established front yard setback areas.
b. Advisory Boards:
Commission for the Environment Staff attended the August 13, 2012
would be invited to attend the Commission for the Environment
Planning Board Ordinance Review meeting to review the proposal.
Committee and other public meeting
dates. The general consensus was that
arrays should be allowed anywhere
on a given parcel where the
structure will meet applicable
setback requirements. Further,
members expressed an interest in
seeing the recommended land use
buffer reduced.
A memo from the CFE was
presented to the BOCC and
Planning Board at the August 27,
2012 Quarterly Public Hearing.
11
14
Minutes from the CFE meeting are
contained within Attachment 5.
c. Local Government Review:
Courtesy Review— Town(s) of Chapel Courtesy review requests were
Hill, Carrboro, Hillsborough, City of made.
Mebane
d. Notice Requirements
Legal advertisement will be published on August 15 and 22, 2012.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup�
❑ Other ;
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2012-13 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
As required under Section 2.8.5 of the Unified Development Ordinance, the Planning
Director is required to: `cause an analysis to be made of the application and, based upon
that analysis, prepare a recommendation for consideration by the Planning Board and
the Board of County Commissioners'.
As previously indicated herein, the amendments are necessary to address the
development of solar arrays within the county and to address existing redundancy within
the UDO concerning the development of utilities as a whole.
The approval of this amendment will make it easier for residential and non-residential
property owners to install solar arrays to supplement their electricity usage, making them
more carbon neutral, while requiring developers of large-scale arrays to provide
sufficient detail demonstrating the project is consistent with the goals and policies of the
Comprehensive Plan.
E. SPECIFIC AMENDMENT LANGUAGE
12
15
Please refer to Attachment 2
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@co.orange.nc.us
13
16
Attachment 2
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations governing the
review and development of solar arrays and utility facilities.
These amendments are based on comments/direction received by BOCC, Planning Board, and
Commission for the Environment members since the August 27, 2012 Quarterly Public Hearing.
As the number of affected pages associated with this proposal is extensive, and substantial text is
being modified, staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new,proposed text, that staff is suggesting be added to
the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
• Green Strikethrough Text: Denotes existing text that staff is proposing to re-locate as
part of the proposed re-organization of existing regulations. The anticipated benefit is
the elimination of existing ambiguities and redundancies as well as grouping similar
standards into central sections of the UDO to avoid confusion.
• Green Text: Denotes existing text that has been re-located to a new/revised section of
the UDO as well as modifications recommended by the Planning Board at their
September 5, 2012 regular meeting.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
17
ORD-2012-047
ARTICLE 5: USES
SECTION OF •
Except as otherwise provided herein, regulations governing the use of land and structures are hereby
established as shown in the Table of Permitted Uses.
5.1.1 Prohibited Uses
Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section
5.2), as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are
prohibited and shall not be established within that district.
5.1.2 Uses Permitted As a Matter of Right
Within all districts the following uses are permitted as a matter of right:
(A) Above ground and buried utility lines for local distribution of electricity, telephone, and
cable television service, accessory and appurtenant apparatus such as poles, guy wires,
transformers and switching boxes.
(B) Cabinetized telephone and/or fiber optic equipment associated with the local distribution
of services. Setbacks from the right-of-way for such equipment may be reduced to 20
feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts
provided that the equipment is screened from view by landscape materials.
(C) Bona fide farms.
(D) Buildings and other temporary structures used in connection with the construction of a
permanent building. (See Section 5.4.4)
(E) Neighborhood utility facilities located within a public right of way with the permission of
the owner of the right of way (State, City or Town).
(F) Off street parking as a required accessory use to a permitted use.
(G) Public and private streets and roads. Railroad rights of way.
(H) Water and sanitary sewer lines, gas and liquid fuel distribution lines.
(1) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary sewer pumping stations. (See Section 5.9.1) 2
(J) Electrical substations, switching and metering stations and associated transmission lines,
where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2).
(K) Solid waste collection facilities owned and operated by a public agency for the purpose of
disposal of household waste by Orange County residents. (See Section 5.11.1)3
(L) Borrow pits (including reclamation by landfilling)associated with a State or Federal
highway project. (See Section 5.12.1).
5.1.3 Special Uses
(A) It is the intention of the Board of County Commissioners to create, and from time to time
amend, a list of Special Uses within the Table of Permitted Uses which, because of their
inherent nature, extent and external effects, require special care in the control of their
location and methods of operation.
1 This section of the UDO provides reference to various sections where standards governing the development of the
denoted land use are contained. Staff is adding the appropriate reference to this particular use
2. Staff is providing the appropriate section reference where development standards are located for this particular use
3 Again, staff is providing the appropriate reference
Orange County, North Carolina—Unified Development Ordinance Page 5-1
Article 5: Uses
Section 5.2: Table of Permitted Uses
1 ABLE PERMITTED USE A CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT OF . ZONING
TO SPECIAL STANDARDS
ZONING USE TYPE GENERAL USE
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 ECS 01 AS El 11 12 13 PID'
se may not be permitted as a Conditional Use District; See Section 5.1.4
Telecommunication Towers(200 feet and higher) A A A A A A A A A A A A A A A A A A A
TEMPORARY USES
Buildings, Portable B B B B B B B B B B B B
Temporary Mobile Home (Custodial Care) B B B B B B B B B
Temporary Mobile Home (Use during
construction/installation of permanent residential unit
and for 30 days following issuance of Certificate of
Occupancy)
AUTOMOTIVE/TRANSPORTATION
Bus Passenger Shelter
Bus Terminals&Garages—
Motor Freight Terminals—
Motor Vehicle Maintenance& Repair( y Shop)—
Motor Vehicle Repair Garage
Motor Vehicle Sales/Re New&Used) A
Motor Vehicle Sery s Stations
Parking As P ciple Use, Surface or Structure
Petrol Products: Storage& Distribution —
stal & Parcel Delivery Services
UTILITIES
Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B
Public Utility Stations&Sub-Stations, Switching
Stations, Telephone Exchanges, Water&Sewage A A A A A A A A A A A A A A A A A A A A
Treatment Plants
Orange County, North Carolina—Unified Development Ordinance Page 5-9
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF . ZONING
PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS
ZONING USE TYPE GENERAL USE
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID'
Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
Electric Gas and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B
Water&Sanitary Sewer Pumping *
Solar Array—Large Facility5 B B B B B B B B B B B B B B B B B B B
Solar Array—Public Utility s A A A A A A A A A A A A A A A A A A A
MANAGEMENT
Landfills (2 More)— A A A A A
Landfills (Less Than 2 Acre B B B B B B
Waste Management Facility; Hazardous c— A A
MISCELLANEOUS
Accessory Uses * * * * * * * * *
Airports, General Aviation, Heliports, S.T.O.L— A A A A A A
Assembly Facility Greater Than 300
Assembly Facility Less Than 300
Cemetery B B B B B B B B
Church * * * * * * * * *
Club ges; Social; Fraternal or Union
ubhouses
4 The title of the land use category is inconsistent with the title of Section 5.9.5 of the UDO with respect to the actual `transmission lines' approved through the
Class B Special Use Permit process. Staff is adding the appropriate language to make these sections consistent with one another.
5 This category is intended to allow for arrays that are not intended to be a public utility substation but generate more power than an array allowed as an
accessory use. Such a facility could be erected on a property with an existing residential or non-residential land use if approved through the Class B Special Use
Permmit process
6 This category would include the Strata Solar array on White Cross Road. It is intended for large-scale utility projects intending to serve multiple users on a
local and regional basis.
i
Orange County, North Carolina—Unified Development Ordinance Page 5-10
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF . USES—ECONOMIC DEVELOPMENT
PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING
ZONING GENERAL USE
D' D'
,,#Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU)
Moto icle maintenance and repair(body shop) C#
Other offices ersonal services; e.g.,
attorneys, watch an Iry repair, computer
programming and data proce , employment
and travel agencies, advertising age and
accounting, engineering, architectural, an
surveying offices
Professional, Scientific&Technical Services
Sector 54
Recreational facilities(Non-Profit) C# C C#
Recreational facilities (Profit) C# C#
Repair service, electronic and appliance C#
Research facility
Schools, dance, art, and music C#
Schools, elementary, mi and high A A
Schools, voc ' al C# C#
O ervices(Hillsborough EDD only)
TRANSPORTATION
Bus terminals and garages C#
CloiatorJ iator stepage tank
(Pepmitted as aGG8669FY 6168 niithniit Cnonial 1 Ica
Postal and parcel delivery services
Radio And WPV09609n tro nc mittinn and r
t rc
Rail/bus passenger shelter
N
O
Orange County, North Carolina—Unified Development Ordinance Page 5-18
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF . USES—ECONOMIC DEVELOPMENT
PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING
ZONING GENERAL USE
D' D'
#Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU)
Surface and structure parking as principal use
(When associated with a local or regional
transportation goal such as mass transit or park-
and-ride
Transmossonn lmnps
Transportation and Warehousing (Sector 48, 49)
OLESALE TRADE
Wholesa de(Sector 42)
Durable Goods (see below)
• Automotive parts and s(In an
enclosed building)
• Electrical goods
• Furniture and home furnishings
• Hardware, plumbing, and heating
equipment and supplies
• Lumber and other construction materials
• Machinery, equipment, and supplie
• Sporting, recreational, raphic, and
hobby goods-,t d supplies
Non-Durable s(see listing below)
Apparel and piece goods
' Staff is relocating specific land use categories,denoted in gr°°^s4i4.etb+etig,to? from this section as they are not`Transportation' related. They are being
moved to the `Miscellaneous' land use category. The relocated teat is also denoted in green.
N
Orange County, North Carolina—Unified Development Ordinance Page 5-19
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF . USES—ECONOMIC DEVELOPMENT
PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING
ZONING GENERAL USE
D' D'
#Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU)
• Beer, wine, and distilled alcoholic
beverages
• Groceries and related products
• Paper and paper products
• Pharmaceuticals and cosmetics
MISCELLANEOUS
Accessory uses
Electric, Gas, and Liquid Fuel Transmission lines
Elevated water storage tank
(Permitted as accessory use without Special Use
Permit
Historic buildings for non-residential/mixed use A A A A
Public utility stations and sub-stations, switching A A A
stations, and telephone exchanges
Radio and television transmitting and receiving B B
towers
Solar Array—Large Facility B B B
Solar Array—Public Utility A A A
Storage and warehousing, inside building
Storage of goods, outdoors
(Accessory only and subject to screening)
Water and sanitary sewer pumping stations
s As with Section 5.2.1,we are ensuring the title of this land use category is consistent with Section 5.9.5 of the UDO
N
N
Orange County, North Carolina—Unified Development Ordinance Page 5-20
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF . USES—CONDITIONAL Z
PERMITTED USE
CONDITIONAL ZONING DISTRICTS
USE TYPE .D
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
TEL OMMUNICATIONS
Telecom ication Tower—Stealth (75 feet or shorter)
Telecommunicati Towers(150 feet in height or shorter)
Telecommunication Tow greater than 150 in height)
TEMPORARY USES
Buildings, Portable
Temporary Mobile Home(Custodial Care)
Temporary Mobile Home(Use during construction/ins tion of
permanent residential unit and for 30 days following issuanc f
Certificate of Occupancy
TRANSPORTATION
Bus Passenger Shelter
Bus Terminals&Garages
Motor Freight Terminals
Motor Vehicle Maintenance &Repair
(Body Shop)
Motor Vehicle Repair Garage
Motor Vehicle Sales Rental
New&Used
Motor Vehicle Services ions
Parking As Princ Use, Surface or Structure
Petroleu 50 ducts: Storage& Distribution
P I &Parcel Delivery Services
UTILITIES
Elevated Water Storage Tanks
Public Utility Stations &Sub-Stations, Switching Stations,
Telephone Exchanges, Water&Sewage Treatment Plants
Electric, Gas, and Liquid Fuel Transmission Lines
N
W
Orange County, North Carolina—Unified Development Ordinance Page 5-25
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF . USES—CONDITIONAL Z
PERMITTED USE
CONDITIONAL ZONING DISTRICTS
USE TYPE
IVIPD-CZ
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Water&Sanitary Sewer Pumping
Solar Array—Large Facility
Solar Array—Public Utility
WASTE MANAGEMENT
Lan (2 Acres or More)
Landfills(Le an 2 Acres)
Waste Management �t , Hazardous&Toxic
MISCELLANEOUS
Accessory Uses
Airports, General Aviation, Heliports, S.T.O.L.
Assembly Facility Greater Than 300
Assembly Facility Less Than 300
Cemetery
Church
Clubs or Lodges; Social; Fraternal or Union Clubhouse
Community Center
Crematoria(4)
Historic Sites Non-Residentia ed Use
Information (Sector
Research Faeffr
Re rch Lands& Installations, Non-profit
N
Orange County, North Carolina—Unified Development Ordinance Page 5-26
Article 5: Uses 25
Section 5.9: Standards for Utilities
(iv) Transportation improvements as deemed necessary e
Traffic Impact Study.
(v) The site shall be designed to take adva e of multiple shared
use opportunities, which may incl a Park and Ride facility for
public transportation.
(vi) Sit ccess
a. Th all be a minimum of two access points to the
b. Access poin hall separate student drop-off areas and
visitor parking fro us traffic.
C. If school buses are us then at least one access shall
be limited to school employ nd bus use during
normal school hours.
d. All access points shall be located to p ide maximum
visibility and safety.
e. No driveway shall be permitted in a location tha 11
hinder or congest traffic movement on a public stree .
SECTION STANDARDS FOR UTILITIES
5.9.1 Telephone Exchanges (without business offices), subscriber loop huts, pressure regulator
stations,water and sanitary sewer pumping stations
(A) General Standards
(1) The design of structures shall conform as closely as possible to the character of
the area in which it is located.
(2) Building or structures shall conform to the minimum building setback distances
for the applicable zoning district and shall not exceed 800 square feet in area.
(3) All buildings and structures shall be landscaped and screened according to the
standards that follow:
(a) Buildings and structures which resemble residential accessory structures
must be landscaped and maintained in the character of a residential
area.
(b) Any outside storage areas must be fenced with a minimum five foot
fence and the area screened from adjacent property according to the
standards in this section.
(c) Lighting in and around these facilities shall be constructed and shielded
so as not to shine directly on adjoining property used for or zoned for
residential purposes. Electrical and telephone service to the structure
shall be placed underground. Types of lighting to be considered shall
include, but not be limited to, indoor lights when visible through windows,
outdoor lighting, automobile headlights and signs. Devices to shield
lighting may include shades, fences, shrubs, trees and natural
conditions.
(d) Parking areas and driveways used in connection with facilities
constructed pursuant to this Section shall either be surfaced or shall be
located and maintained in a condition so that dust and dirt will not settle
on adjoining properties as a result of their use. Driveway entrances shall
be located in a manner that will create as few additional traffic hazards
as possible.
(e) Screening
Orange County, North Carolina—Unified Development Ordinance Page 5-72
Article 5: Uses 26
Section 5.9: Standards for Utilities
(i) Buildings, structures, equipment or material shall be screened by
either a durable masonry wall, or a fence, or by natural planting,
designed to be compatible with the character of adjoining
properties, in order to materially screen the uses within the
subject property from the view of adjacent properties.
(ii) Screening shall be required along any portion of the perimeter of
the parcel, easement, or leasehold located adjacent to property
zoned for residential use, except where such property is owned
or leased by a utility, and used by the utility for public utility
purposes.
(iii) Where screening is required, walls and fences shall be at least
five feet in height, but need not be greater than seven feet in
height, measured from the ground along the common lot line of
adjoining properties. Walls and fences shall be constructed and
maintained in a safe and sound condition.
(iv) Where natural planting is used as screening, a strip of land at
least ten feet in width shall be reserved for this purpose. The
planting strip shall be composed of an arrangement of shrubs
and trees. The shrubs shall be evergreen and shall be arranged
in two rows as minimum and planted at an initial height of at
least three feet, with distance between shrubs being not more
than five feet. The shrubs shall be of such variety that an
average height of at least six feet could be expected as normal
growth within no more than two years from the time of planting.
Trees, which may be eight evergreen or deciduous, shall
augment the arrangement of shrubs so that there will be a
screening effect of opacity to materially screen the use within the
subject property from the view of adjacent properties.
(4) The minimum required lot area for such uses shall be 5,000 square feet. The
facility shall be located on a parcel or easement across the parcel, (whether
owned or leased by the utility)which has been recorded with the Orange County
Register of Deeds.
(5) Access easements extending from an approved public or private road to the
facility shall be a minimum width of 30 feet.
5.9.2 Electrical Substations, Switching and Metering Stations, and Associated Transmission
Lines,Where Incoming Voltage Does Not Exceed 100 Kilovolts (kv)
(A) General Standards
(1) Perimeter fencing and setbacks for the utility structure shall be provided in
accordance with the National Electrical Safety Code.
(2) The components of the facility, including but not limited to towers, transformers,
circuit breakers, metering devices, and supporting latticework, shall be contained
within a geometric area not to exceed 12,000 square feet.
(3) The facility shall be located on a parcel or easement across the parcel, (whether
owned or leased by the utility) which has been recorded with the Orange County
Register of Deeds.
(4) Access easements extending from an approved public or private road to the
facility shall be a minimum width of 30 feet.
Orange County, North Carolina—Unified Development Ordinance Page 5-73
Article 5: Uses 27
Section 5.9: Standards for Utilities
(5) A Type E ' ^ Land Use9_Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold located adjacent to property
zoned for residential use, except where such property is owned, leased or
consists of other utility easements currently used for electrical distribution or
transmission purposes or no other purposes.
(6) Existing vegetation within an easement, leasehold or parcel of a public utility may
be used to satisfy the landscaping requirements.
(7) Modification to or replacement of existing facilities shall be subject to the
requirements set forth in this Section. Pre existing facilities may remain during
construction of replacement facilities, but shall be dismantled after the
replacement facility is in operation.
(8) The parcel or easement across the parcel, (whether owned or leased by the
utility)on which the facility is located shall contain a minimum area of 5000
square feet.
(9) The applicant shall submit proof of liability insurance covering bodily injury and
property damage demonstrating a minimum coverage limit of $ 500,000.00 per
occurrence lu
5.9.3 Public Utility Stations and Substations, Including Electric Substations, Metering, and
Switching Stations Receiving More Than 100 Kilovolts (kv) of Electricity, Water Treatment,
Sewage Treatment Plant, Telephone Exchanges
(A) Standards for Class A Special Use Permits
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing all existing or proposed buildings, storage areas,
parking and access areas, topography at a contour interval of five feet,
any officially designated floodplains or alluvial soils.
(b) Plans and elevations for all proposed structures and descriptions of the
color and nature of all exterior materials.
(c) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material.
(2) Standards of Evaluation
(a) Perimeter fencinq and setbacks for the utility structure shall be provided
in accordance with the National Electrical Safety Code.
(b) The facility shall be located on a parcel or an easement across the
parcel, (whether owned or leased by the utility) which has been recorded
with the Orange County Register of Deeds.
(c) Access easements extendinq from an approved public or private road to
the facility shall be a minimum width of 30 feet.
{a}(d) Where a building is involved and it is proposed to be located in a
residentially zoned district, it shall have the appearance suitable for a
residential district, or it shall be screened from adjacent residential land.
9 Staff is changing the wording to reflect the actual term utilized in Article 6,where required land use buffers are
established.
10 There is no mention of proof of liability insurance for major utilities. Staff is proposing to add such a provision.
"Proposed subsections(a),(b) and(c)are required for the small public utility land use category. Staff does not
believe the original intent of the Ordinance was to eliminate these requirements from the larger,more intensive,
public utility land use category. The standards will apply here as well.
Orange County, North Carolina—Unified Development Ordinance Page 5-74
Article 5: Uses 28
Section 5.9: Standards for Utilities
{b)(e) Where buildings are set back from road rights of way or from private
property lines by a distance of 200 feet, screening for the building will not
be required.
(f) A clearly visible voltage warning sign shall be placed at the base of all
pad-mounted transformers and substations.
(g) A Type E Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement area, or leasehold area located
adjacent to property zoned or utilized for residential use except where
such property is currently used for electrical distribution or transmission
purposes.
Existing vegetation may be used to satisfy the landscaping
requirements.
(h) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
04 i) The site is of adequate size for the sewage disposal system proposed
and for the proposed use.
5.9.4 Elevated Water Storage Tanks
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required in Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) Location and size of all existing and proposed structures,
(ii) Existing and proposed topography at a contour interval of five
feet and
(iii) Any officially designated floodways and floodplains, or the
presence of alluvial soils.
(b) Plans and elevations for all proposed structures and descriptions of the
color and nature of all exterior material.
(c) A Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, plus shrubs, ground cover and other landscape
materials.
(2) Standards of Evaluation
(a) Adequate provision has been made, by means of fencing or otherwise,
for the security of the site, including the provision of a gate at the access
entrance of access roads leading to such facilities.
(b) A minimum lot size shall be adequate for the proposed use.
12 There was no real mention of landscape requirements for the intensive public utility land use category. Staff is
amending the existing standards to ensure proper reference to the required perimeter landscaped area for such
projects to ensure compliance with other provisions of the UDO. There may need,however,to be a re-evaluation as
to the necessary width of the required landscape area as this amendment is discussed.
13There is no mention of proof of liability insurance for major utilities. Staff is proposing to add such a provision.
Orange County, North Carolina—Unified Development Ordinance Page 5-75
Article 5: Uses 29
Section 5.9: Standards for Utilities
(c) Adequate provision has been made for the protection of adjacent
property from the dangers of collapse, fire, flooding or other menaces to
public health and safety.
(G) —The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) All existing and proposed structures within the site of the line,
(ii) All existing structures within 50 feet of the boundaries of the site,
and
(iii) Officially designated floodways and floodplains.
(b) A plan of erosion and sediment controls for the site.
(c) Typical cross sections for the installation showing elevation of all
structures and existing and proposed topography.
(d) Plans and elevations of all proposed structures and descriptions of the
color and nature of all exterior materials.
(e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2) Standards of Evaluation
(a) Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
(b) The public convenience and necessity shall be served by this proposed
installation, if installed as proposed.
(G) —The applicant shall submit proof of liability insurance covering bodily
iniury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
5.9.6 Solar Array
(A) Standards for Accessory Use
(1) General Standards
Residential and non-residential land uses shall be allowed to develop onsite solar
arrays as a customary accessory use subject to submittal of a professionally
prepared site plan in accordance with Section 2.5, demonstrating compliance
with applicable standards as well as the following:
(a) Nothinq detailed herein shall be construed as the County mandating or
requiring property owners adjacent, or in close proximity, to a parcel
Orange County, North Carolina—Unified Development Ordinance Page 5-76
Article 5: Uses 30
Section 5.9: Standards for Utilities
where a solar array is being erected to manage, remove, or otherwise
alter foliage to guarantee solar access to a proposed array.
(b) Capacity, Volume, and Area Limits
Solar Arrays, whether building or ground mounted, shall conform to the
following limits:
(i) Residential
a. Have a rated capacity consistent with local utility
providers net metering policy not to exceed 20 kilowatts
(for electricity)
b. Have a rated storage volume of less than or equal to 240
gallons (for heated water); or
C. Have a collector area of less than or equal to 1,000
square feet(for thermal),
(ii) Non-residential
a. Limits shall be based on the average electricity, storage
volume, and thermal collector area necessary to support
the needs of the proposed facility,
(c) Device(s) shall provide power for the principal use of the property on
which it is located and shall not be installed and/or used solely for
income generation purposes where power is sold either to a utility
provider or other similar third party entity.
This provision shall be in no way construed as limiting the ability of the
Property owner to:
(i) Transfer or sell excessive power generated onsite back to the
utility provider or other third party entity or
(ii) Receive credit from a local utility provider for the power
generated onsite as a means to offset utility bills.
(d) The property owner shall provide the County with written authorization
from the local utility company acknowledging and approving the utility
connection.
(e) The site plan shall denote the location of any batteries or other similar
storage devices onsite.
14 Staff added this statement in an effort to address some concern that,by adopting these standards,the County
would in effect be proactively requiring adjacent property owners to eliminate foliage in order to ensure access to a
solar array. From my standpoint the sole purpose of this amendment is to allow those individuals inclined to erect
alternative energy devices on their property an opportunity to do so without necessarily impacting adjacent land
owners.
"In development subsection(b)(i)staff reviewed standard utility deals with private citizens on what is typically
erected in a residential and non-residential setting. This included reviewing the matter with private citizens who
have installed alternative energy devices on their property and a discussion on the typical limitations imposed with
respect to the ultimate power generated on-site.
16 Amendment to reflect modification of proposed regulation made at the September 5,2012 Planning Board
meeting in green text. Staff concurred with the proposed modification.
17 Limits on non-residential capacity were modified to address a Planning Board concern over different uses having
different minimum power needs. As a result,capacity will be decided on a case by case basis.
"Staff added the regulation to prevent the erection of solar arrays solely for the purpose of income generation,
especially on residentially zoned property.
19 This provision was added to ensure emergency responders are aware of the location of batteries or other storage
devices on-site in the event of an emergency.
Orange County, North Carolina—Unified Development Ordinance Page 5-77
Article 5: Uses 31
Section 5.9: Standards for Utilities
(f) Panels shall be designed and oriented on the property such that
concentrated solar radiation or glare shall not be directed onto nearby
properties or road rights-of-way, or otherwise create a safety hazard.
(g) As part of the site plan submittal, the applicant shall be required to
submit documentation detailing the proposed array will not alter, or
require alteration of, any condition imposed as part of a previous
approval allowing for the development and use of the property."
(h) All mechanical equipment associated with, and necessary for, the
operation of the array shall be shielded to avoid damage. This
shielding may take the form of a small enclosed structure properly W
vented to allow for air flow,fence, or landscape hedge.
(i) Mechanical equipment shall not be located within the required setback
areas for the underlying zoning district as detailed within Article 3 or
within required landscaped areas as required under Section 6.8.
(i) Before commencement of earth disturbing activities, the property owner
must acknowledge that he/she is the responsible party for owning and
ensuring the perpetual maintenance of the solar array.
(k) In cases where a solar array has not been in operation for a period
of 6 months due to a malfunction or other defect the property owner
shall affect repair(s) to the system within 30 days of notice from the
County in accordance with Section 9.5 of the UDO.
In cases were the array has been deemed unsafe it shall be
removed or repaired immediately in accordance with Section 9.5.5
of the UDO.
(2) Standards for Building Mounted Devices:
(a) An array may be mounted on the roof of a principal or an accessory
structure located on the property.
(b) The array shall be viewed as an extension of the roof structure and, as a
result, shall not exceed the maximum building height detailed within
Article 3 for the underlying zoning district where the property is located.
(c) As part of the building permit review process, structural engineering shall
be provided demonstrating the roof can support the weight of the
Proposed array.
(3) Standards for Ground Mounted Devices:
(a) Ground mounted system shall not exceed a maximum height of 15 feet
from finished grade.
(b) The surface area of a ground mounted system, regardless of the
mounted angle, shall be calculated as part of the overall impervious
20 Modified to address concerns articulated at the August 27,2012 Quarterly Public Hearing. Revised language
denoted with bold text.
21 Modified to address concerns articulated at the August 27,2012 Quarterly Public Hearing. Revised language
denoted with bold text and eliminates proposed fence height requirements and hedge standards.
22 This was formerly Section 5.9.6(1)0)of the August 27,2012 Quarterly Public Hearing package. It has been
renumbered due to previous formatting modifications. During the hearing concern was expressed over the proposed
language being too vague. The revision,denoted with bold text,attempts to address those concerns.
21 There is some concern among Planning Board and Commissioner for the Environment members that a 15 foot
height limit is too small,specifically this would limit the angle of the array to a point where it might not be able to
function properly. This viewpoint was also articulated at the August 27,2012 Quarterly Public Hearing. Staff
believes the proposed height limit is sufficient and would allow for the erection of an array that would be able to
function properly.
Orange County, North Carolina—Unified Development Ordinance Page 5-78
Article 5: Uses 32
Section 5.9: Standards for Utilities
surface area for the parcel in accordance with the provisions of Section
4_2.
(c) Arrays shall be allowed to be erected anywhere on the property outside
of established setback areas, designed open space areas, and
well/septic system setback areas as identified by Orange County
Environmental Health.
(d) Arrays shall observe the principal setback requirements of the underlying
zoning district where the property is located as detailed within Article 3.
In the case of an array erected on a non-residentially zoned property, the
array shall not be located within any required setback, landscape, or
buffer area.
(e) If a ground mounted array is removed, any earth disturbance shall be
graded and reseeded within 60 days.
(B) Standards for Solar Array—Large Facility(Class B Special Use Permit)
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
{4)(a) A site plan showing all existing structures on the property, any
proposed buildings or structures that are necessary to support the
Proposed array, existing and proposed storage areas, parking and
access areas, topography at a contour interval of five feet, any officially
designated floodplains or alluvial soils.
(b) An assessment of the power needs for all structures on the property and
the anticipated power generated by the proposed array.
(c) The proposed arrays distance from all structures located on the property.
(d) Plans and elevations for all proposed structures and arrays as well as
descriptions of the color and nature of all exterior materials.
(e) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(f) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
4,e4(a) The proposed array shall not require the alteration of existing land use(s)
to accommodate development.
(b) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(c) The height of proposed arrays and support structures shall not exceed
the height requirements of the underlying zoning district where the
Property is located as detailed within Article 3.
24 There was significant discussion about viable locations for arrays at the Public Hearing,Planning Board,and the
Commissioner for the Environment meeting. The revised language denoted in green text would allow for the
erection of an array anywhere on the property outside of established setback and open space areas. Staff has
included language referencing required setbacks for utility systems(i.e. septic and well areas)enforced by the
County Health Department as well.
2s Additional language added to address concerns made at the August 27,2012 Quarterly Public Hearing.Revised
language denoted with bold text
Orange County, North Carolina—Unified Development Ordinance Page 5-79
Article 5: Uses 33
Section 5.9: Standards for Utilities
(d) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(e) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(f) All mechanical equipment, including any structure for batteries or storage
cells, shall be completely enclosed by a minimum eight (8) foot high
fence with a self-locking pate, and provided with screening in accordance
with the provisions of Section 6.8.
(g) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
(h) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
Property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes. 2,5
Existing vegetation may be used to satisfy the landscaping requirements.
(C) Standards for Solar Array—Public Utility(Class A Special Use Permit)
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing all existing structures on the property, any
proposed buildings or structures that are necessary to support the
Proposed array, existing and proposed storage areas, parking and
access areas, topography at a contour interval of five feet, any officially
designated floodplains or alluvial soils 2 .
(b) Plans and elevations for all proposed structures and arrays as well as
descriptions of the color and nature of all exterior materials.
(c) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(d) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
(a) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(b) The height of proposed arrays and support structures shall not exceed
40 feet.
26 There is some question as to the appropriateness of the proposed land use buffer. The Type D buffer would
require a 50 foot buffer. Some Planning Board members asked if this could be reduced even more. Staff is seeking
BOCC member input.
27 Additional language added to address concerns made at the August 27,2012 Quarterly Public Hearing.Revised
language denoted with bold text
28 The height limit for a public utility is different than a solar array-large system due to the purpose and intent of the
development. A solar array-public utility is intended to generate power to serve a local/regional clientele while the
large system is designed to allow for more of a local power usage off-set. Also staff considers a solar array-large
Orange County, North Carolina—Unified Development Ordinance Page 5-80
Article 5: Uses 34
Section 5.10: Standards for Telecommunication Facilities
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight (8) foot high fence with a self-locking pate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
Property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant agrees to the following as conditions in case the utility is to be
abandoned:
(a) The owner/operator of the facility is required to notify the Orange County
Planning Director in writing 60 days prior to planned the cessation or
abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(b) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Erosion Control permits to re-stabilize the property. The
time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
(f) Upon removal of the facility, the Department shall cause a notice to be
recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
system to potentially be located on property where there are existing land uses. A solar array-public utility is
considered to be a principal use of property.
Orange County, North Carolina—Unified Development Ordinance Page 5-81
Article 10: Definitions 35
Section 10.1: Definitions
and limited (not to exceed 25% of any Node) higher density residential uses.
Commercial Transition Activity Node Land
Land focused on designated road intersections within either a 10-or 20-year transition area that is
appropriate for retail and other commercial uses.
Community Center
A new or existing facility that is owned or operated by a non-profit group from the community for non-
commercial activity.
Comprehensive Plan
An internally consistent and compatible statement of policies for the long term, physical development of
that portion of Orange County under County jurisdiction, consisting of a statement of development
policies and maps and text setting forth objectives, principles, standards and plan proposals for physical
development.
The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County
such as a township, a watershed or an interstate highway interchange. Technical information and/or task
force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix
of or as a supplement are also considered part of the Comprehensive Plan.
Concentrating Solar Thermal (CST) Devices
Systems that use lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight
into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat
source for either a conventional power plant, such as a steam power plant, or a power conversion unit,
such as a sterling engine. Also known as Concentrated Solar Thermal (CST)
Conditional Districts
A zoning technique authorized by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed
upon individualized development conditions as part of the legislative rezoning process. The Conditional
Use District and Conditional Zoning Districts are subsets of the term Conditional Districts. Land may be
placed in a conditional district only upon petition of all of the owners of the land to be included; said
petition must be approved following the procedures set forth in Section 2.9 of this Ordinance.
Conditional Use District (CUD)
A floating zoning district that has no permitted uses. Applications for a CUD must link the CUD to a
general use zoning district and conform with all applicable development regulations for the corresponding
general use zoning district. CUDs require approval of both a rezoning application and Class A Special
Use Permit; see Sections 2.9.1 and 3.8.
Conditional Zoning District (CZD)
A specific floating zoning district with specific permitted uses, as detailed within this Ordinance..
Controlled Access Highway
A state or city highway, or section thereof, especially designed for through traffic and over, from, or to
which highway owners or occupants of abutting property, or others, shall have only controlled right of
easement of access. For the purposes of this Ordinance, Controlled Access Highway shall be Interstate
85, Interstate 40, and any area located within the Major Transportation Corridor(MTC)overlay district.
County
Orange County Government.
Custodial Care
A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in
meeting personal rather than medical needs, which is not intended to provide specific therapy as the
result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that
does not require the continuing attention or supervision of trained, medical, or paramedical personnel.
Orange County, North Carolina—Unified Development Ordinance Page 10-5
Article 10: Definitions 36
Section 10.1: Definitions
Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home
landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative
pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as
Christmas trees, pumpkins and flowers are permitted in the outdoor display area.
General Use Zoning District
The various zoning districts contained in Article 3 of this Ordinance that are not Conditional Districts.
Conditions cannot be applied to general use zoning districts.
Glare
Light emitting from a luminaire, solar panel, glass, or other similar reflective surface with an intensity great
enough to reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, causing
momentary blindness.
Golf Course
A tract of land designed and laid out for the game of golf. Golf courses include, but are not limited to
courses open to the general public for a daily user fee, private courses available to members and their
guests, courses proposed as single, independent uses, as well as those planned as an accessory use
which is part of a residential or recreational development.
A golf course development may also include the following accessory uses and building typically
associated with such a facility: club house; restaurant/snack bar; barroom; prop shop; billiards; table
tennis, spa/health club; racquetball, hand ball, and tennis courts; swimming pool; locker rooms; and real
estate sales office.
Goods, Incidental
Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. Beautician
selling hair products.
Gross Floor Area
The area within the perimeter of the outside walls of a building as measured from the exterior face of the
exterior walls or from the centerlines of walls separating two buildings, with no deduction for hallways,
stairs, closets, thickness of walls, columns, or other interior features.
Group Care Facility
A facility licensed by the appropriate state agency, as a group care facility for from seven to fifteen
unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are
undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This
category includes group homes for all ages, half-way houses, foster and boarding homes. The following
shall not be eligible for admission to a group care facility:
a) Persons addicted to or recuperating from the effects of an addiction to drugs or alcohol;
b) Persons adjusting to non-prison life, including but not limited to, pre-release, work release,
probationary programs and juvenile detention centers.
Group Development
One or more principal structures built on a single lot, tract or parcel of land and designed for occupancy
by more than one separate family, firm, business or other enterprise.
Habitable Rooms
Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms,
toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms,
and similar areas are not considered habitable rooms.
Hazardous Waste Management Facility
A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery,
or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North
Carolina Department of Environment and Natural Resources.
Orange County, North Carolina—Unified Development Ordinance Page 10-13
Article 10: Definitions 37
Section 10.1: Definitions
Overlay Zoning District; Overlay Zone
A special zoning district that applies supplemental standards in addition to the underlying zoning
requirements.
Package Treatment Plant
Privately owned and operated sewage treatment facility. These plants are prefabricated by the
manufacturer and delivered as completed units to the clients.
Parking Deck
A special structure of two or more levels designed to be used for the temporary storage of motor vehicles.
Pedestrian/Landscape Ratio
This is the minimum square footage of pedestrian access and landscaped areas in a non-residential
development for each square foot of gross land area.
Pedestrian/Landscaped Space
Pedestrian/landscaped space is part of total open space appropriately improved and located as outdoor
space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped
areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for
incidental service, maintenance or emergency actions.
Personal Services
An establishment engaged in providing services generally involving the care of the person (e.g.
hairdresser, tailor).
Phase of Grading
One of two types of grading: rough or fine.
Photovoltaic (PV)
Technology that converts light directly into electricity.
Portable Building
A building not intended for residential use consisting of one or more modules constructed off the ultimate
site of use and transported to that site.
Post-FIRM
Development for which construction started on or after March 16, 1981.
Pre-FIRM
Development for which construction started before March 16, 1981.
Premises
A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded
as a unit of real estate.
Principally Above Ground Structure
A structure whereby at least 51% of the actual cash value of the structure is located above ground.
Principal Structure
Any building or other structure occupied or used for the purpose of conducting the principal use of the
property.
Principal Use
A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary
and chief purpose for which a lot is used.
Orange County, North Carolina—Unified Development Ordinance Page 10-29
Article 10: Definitions 38
Section 10.1: Definitions
stenciling of the name of a non-residential establishment and may include hours of operation, phone
numbers, and other pertinent information associated with the non-residential land use.
■ An example of a window sign includes:
Site Specific Development Plan
A plan approved by the Orange County Board of Commissioners in accordance with the Class A Special
Use Permit process and which describes, with reasonable certainty, the type and intensity of use for a
specific parcel or parcels of property located within the County's zoning jurisdiction. A Site Specific
Development Plan shall be deemed approved upon the effective date of the Board of Commissioners'
action.
Site Plans, Special Use Permits, Conditional Use Districts, Conditional Zoning Districts, and Preliminary
Subdivision Plats may be approved as Site Specific Development Plans in accordance with the provisions
of this Ordinance. Site Specific Development Plans are required only where an applicant wishes to vest
his property rights for a period longer than that otherwise permitted by this Ordinance.
Solar Array —Accessory Use
Include any photovoltaic, concentrated solar thermal, or solar hot water devices that are accessory to,
and incorporated into the development of an authorized use of the property, and which are designed for
the purpose of reducinq or meetinq on-site energy needs.
Solar Array — Large Facility
A solar facility located on a developed or undeveloped parcel of property producing more than 20 but less
than 100 kilowatts of power that converts sunlight into electricity, whether by photovoltaics (PV),
concentratinq solar thermal (CST) devices, or various experimental solar technologies, with the purpose
of supplying power to existinq land use(s) as well as the wholesale or retail sale of generated electricity
Solar Array — Public Utility
A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV),
concentratinq solar thermal (CST) devices, or various experimental solar technologies, producing more
than 100 kilowatts of power with the primary purpose of wholesale or retail sales of generated electricity.
Solid Waste Disposal Facility
Any facility involved in the disposal of any hazardous or non-hazardous refuses or sludge from a waste
treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges
generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and
other material that is either discarded or is being accumulated, stored or treated prior to being discarded,
or has served its original intended use and is generally discarded, including solid, liquid, semisolid or
contained gaseous material resulting from industrial, institutional, commercial and agricultural operations,
and from community activities.
Solid Waste Disposal Site
Any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method.
Orange County, North Carolina—Unified Development Ordinance Page 10-44
39
Attachment 3
1 DRAFT
2 EXCERPT OF MINUTES
3
4 MINUTES
5 ORANGE COUNTY BOARD OF COMMISSIONERS
6 ORANGE COUNTY PLANNING BOARD
7 QUARTERLY PUBLIC HEARING
8 August 27, 2012
9 7:00 P.M.
10
11
12 The Orange County Board of Commissioners and the Orange County Planning Board
13 met for a Quarterly Public Hearing on Monday, August 27, 2012 at 7:00 p.m. at the Central
14 Orange Senior Center, Hillsborough, N.C.
15
16 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Alice
17 Gordon, Barry Jacobs, Valerie Foushee, Pam Hemminger, Earl McKee, and Steve Yuhasz
18 COUNTY COMMISSIONERS ABSENT:
19 COUNTY ATTORNEY PRESENT: John Roberts
20 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager
21 Michael Talbert, and Deputy Clerk to the Board David Hunt (All other staff members will be
22 identified appropriately below)
23 PLANNING BOARD MEMBERS PRESENT: Chair Larry Wright, and Planning Board members
24 Pete Hallenbeck, Andrea Rohrbacher, Maxecine Mitchell, Tony Blake, Rachel Phelps Hawkins,
25 Alan Campbell, and Johnny Randall
26 PLANNING BOARD MEMBERS ABSENT: H.T. "Buddy" Hartley, Lisa Stuckey, Dawn Brezina
27
28 3. Unified Development Ordinance (UDO) Text Amendment(s): To review
29 qovernment-initiated amendments to the text of four sections of the UDO in order
30 to adequately address the development of solar arrays within the county.
31
32 Michael Harvey made reference to page 10 of the agenda packet. Under Section 5.1.2
33 of the Ordinance, there are references to use that are permitted and land use development
34 standards. He read Subsection J, "electrical substations, switching and metering stations and
35 associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv). (See
36 Section 5.9.2)". He said that Section 5.9.2 is the appropriate section where this type of
37 development is located. There are three amendments to address the inconsistency. The
38 proposal is to establish an accessory use process where residential and non-residential land
39 uses can obtain a zoning compliance permit allow for the development of a solar unit for utility
40 needs. This will be approved by staff based on guidelines. If the guidelines are exceeded, the
41 recommendation is for it to go to a Class B Special Use Permit (Board of Adjustment and
42 Planning Board). If a public utility is proposed, it will be a Class A Special Use Permit process
43 (County Commissioners in a Quarterly Public Hearing). This ordinance provides guidance on
44 permitting processes. He made reference to the yellow sheet, which was a memorandum from
45 the Commission for the Environment with comments regarding the amendments.
46
47 Commissioner Jacobs asked for more detail on the Commission for Environment's
48 concerns about the permitting process.
49
50 Michael Harvey said that one of the concerns is that solar arrays cannot be located in
51 the front area of a property. Staff is consistent with the current development practice in the
40
1 County. If there is a desire to modify existing limitations to allow for more flexibility of the arrays,
2 there would have to be a separate amendment.
3
4 Commissioner Jacobs said that it seems like the Commission for the Environment is
5 proposing another step.
6
7 Michael Harvey said that if the regulation does not work, the Board of Adjustment should
8 not be put in the position to activate the ordinance every time it does not work. The ordinance
9 needs to be amended to make it work. Staff should also not be allowed to waive the provisions
10 of the code as it sees fit. Either the code is amended to address the issue or the standard is
11 kept the way it is.
12
13 Commissioner Jacobs said that he would like to see the reasons against accessory uses
14 in a front yard and let the Planning Board decide whether it wants to preclude having a solar
15 array in a front yard.
16
17 Commissioner Jacobs asked clarifying questions, which were answered by Michael
18 Harvey.
19
20 Commissioner Yuhasz made reference to page 23 and said that he is trying to get a
21 sense of the size of some of the elements. He asked why these would have to be screened if
22 air conditioning systems are not screened. He made reference to item `g' on page 23 and said
23 that he would like to know how"the proposed array will not impact the existing land use" will be
24 defined.
25
26 Michael Harvey said that there is required landscaping depending on the type of
27 development and project. There cannot be removal of any required landscaping or condition
28 consistent of the site based on the land use.
29
30 Commissioner Yuhasz asked that this be clarified in the document.
31
32 Commissioner Yuhasz asked why the area with the solar array is considered impervious
33 surface.
34
35 Michael Harvey said that this is based on state classification and the County is bound by
36 this determination.
37
38 Commissioner McKee said that his recommendation is that the County not allow solar
39 arrays in front yards.
40 Commissioner Gordon made reference to item `j' on page 23 and said that if it is unsafe,
41 it should be fixed, but she will leave it up to staff regarding if it is not in use for six months.
42
43 Chair Pelissier echoed Commissioner Yuhasz' comments. She said that she would like
44 to have more flexibility on the front yard option and not have such a stringent viewpoint on the
45 separation of commercial and residential. She asked about the 10 kilowatt versus the 100
46 kilowatt.
47
48 Michael Harvey said that this requirement is based on state and federal tax credits.
49
50 Tony Blake said that Duke Power in cooperation with the State Public Utilities
51 Commission, accepts 20 kilowatts as the standard for a residential customer. He said that he
41
1 thinks the 10 kilowatt limit is arbitrary. Regarding the size, technology is changing rapidly, so
2 smaller panels are able to generate more electricity. He thinks that the ordinance should be
3 looser and able to evolve with the technology.
4
5 Pete Hallenbeck said that he has a 7500 watt solar panel array for use at his house. He
6 said that a 10 kilowatt array is approximately a 50-foot long by 12-foot wide footprint. It would
7 stand approximately 9-10 feet tall. The 15 feet came from the fact that you may wish to raise
8 the panels up to maintain the ground underneath. The 10 kilowatt limit comes from the fact that
9 with Piedmont Electric, they will only give net metering if you are 10 kilowatts or less. He
10 suggested that instead of having a kilowatt specification, then it could be the limit from the
11 power company where there will be net metering. With regard to item `j' on page 23, he would
12 suggest that it could be cleaned up to say that if it is not working for six months, it has to be
13 dealt with, and if it is unsafe, it should be dealt with faster than six months.
14
15 Larry Wright said that the front yard restriction does not conform to each situation. He
16 suggested looking at this because there is a lot of property in Orange County that is rural.
17
18 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger
19 to receive the proposed amendments as detailed in this abstract and attachments; refer the
20 matter to the Planning Board with a request that a recommendation be returned to the BOCC in
21 time for the November 8, 2012 BOCC regular meeting; and adjourn the public hearing until
22 November 8, 2012 in order to receive and accept the Planning Board's recommendation and
23 any submitted written comments; with the additional stipulation that the Board of County
24 Commissioners receive information on the rationale behind restricting accessory uses in the
25 front yard, and that this be part of the discussion when a recommendation comes back from the
26 Planning Board.
27
28 VOTE: UNANIMOUS
29
30 Commissioner Yuhasz suggested that the front yard issue be addressed particularly with
31 regards to the size of the lot.
32
33
42
Approved 10/3/12
EXCERPT OF MINUTES
Attachment 4
MINUTES
ORANGE COUNTY PLANNING BOARD
$EPTEMBER 5,2012
REGULAR MEETING
ME�gERS PRESENT: Larry Wright (Chair), At-Large, Cedar Grove Township; Peter Hallenbeck (Vice-chair), Cheeks
Township Representative; Maxecine Mitchell, At-Large Bingham Township; Alan Campbell, Cedar Grove Township
Representative; Buddy Hartley, Little River Township Representative; Lisa Stuckey, Chapel Hill Township
Representative; Rachel Hawkins, Hillsborough Township Representative; Dawn Brezina, Eno Township
Representative; Johnny Randall,At-Large Chapel Hill Township;Andrea Rohrbacher,At-Large Chapel Hill Township;
Tony Blake, Bingham Township Representative
MEMBERS ABSENT:
STAFF PRESENT: Cfalg B2112dICt, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz;
Special Projects Coordinator;Tom Altieri, Comprehensive Planning Supervisor; Tina Love,Administrative Assistant II
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
AGENDA ITEM 2: INFORMATIONAL ITEMS
a) Planning Calendar for September and October
b) Invitation to attend OUTBoard meeting on September 19 to hear presentation on the
Metropolitan Transportation Plan and provide feedback
AGENDA ITEM 3: APPROVAL OF MINUTES
SEPTEMBER 5,2012 REGULAR MEETING
Lisa Stuckey: I didn't say what is written by me on page 7, line 323.
MoTioN by Johnny Randall to approve the August 1,2012 meeting minutes with change. Seconded by Tony Blake.
VOTE: UNANIMOUS
AGEN�A ITE�7: Unified Development Ordinance (UDO) Text Amendments - To make a recommendation
to the BOCC on government-initiated amendments to four sections of the text of the UDO in
order to adequately address development of solar arrays within the county. This item was
heard at the August 27,2012 quarterly public.
Presenter: Michael Harvey, Current Planning Supervisor
Michael Harvey: Reviewed abstract.
Larry Wright: On page 43, some houses vary in very rural areas and are so far back. Could this be read like the
large facility ones or like C2(g)? You would have a buffer there. There may be a lot of those situations in the rural
area that would be analogous to that.
Michael Harvey: I understand your concern but I would point out on page 12 and 13 of the abstract we explain this is
all part of an existing limitation denoted within the UDO limiting the placement of accessory structures on a given
parcel. Our only point here is that if we want to allow solar arrays in the front yard area of the property then we will
need to amend this section to except or eliminate solar rays from this existing prohibition.
Alan Campbell: You are saying that if we say this it will preempt at least as to solar rays that are in the provision.
1
43
Approved 10/3/12
EXCERPT OF MINUTES
Michael Harvey: We would have to amend Section 5.5.1 (a) to include some type of exemption for solar array if the
arrays are going to be allowed in the front yard area.
Peter Hallenbeck: We are using this phrase about side and rear portion of the property that makes me think the UDO
must have definitions about front yard, back yard, etc. is?
Michael Harvey: They do.
Peter Hallenbeck: Does that mostly reflect orientation to the street?
Michael Harvey: Yes but also portions of the yard that are perpendicular to the road or the means of access ingress
because you can have a corner lot that has technically two front street areas on it because it has frontage on two
roadways. You, as a property owner would designate your technical front yard is which is where you get your
conveyance. You may have to observe a corner lot setback, you are designated what you want your defined front
yard to be. There is an opportunity for this board to say we would like it allowed in the front yard but quite candidly, it
would take a UDO text amendment to address that. That is not out of the realm of possibility but we would have to
make a further modification.
Larry Wright: What would happen if I wanted to put it in what was declared my front yard?
Michael Harvey: You would not need a special use permit. I am hearing you ask if it is possible to amend this to
allow for solar rays to go into front open space. It is but you will have to amend another section of the UDO to create
an exemption.
Larry Wright: Me as a property owner. Let's say we let this go through and it passes. I want to put the panels by my
pond so what could I do to put those panels there?
Michael Harvey: Depending on the size of the array, you would go through the established permitting process if it is
less than 10 kilowatts.
Perdita Holtz: If it is in the front yard, you would not be able to do it.
Tony Blake: Is that front yard boundary all the way to your property line or a certain distance from the house?
Michael Harvey: We have provided the definition of front open space on page 12.
Perdita Holtz: In most situations, it will be from the right of way line back the distance of the road. It has nothing to
do with your house.
Maxecine Mitchell: If I have a house setback 300 feet from the road right of way to the setback of 40 feet but after 40
feet, I can put in solar arrays?
Perdita Holtz: The prohibition is from putting the solar arrays within the first 40 feet or whatever the zoning district
requires.
Maxecine Mitchell: As long as it is not within that 40 feet setback.
Michael Harvey: You want me to clarify setback versus yard. The only other major issue goes through Section
5.9.6a/1 b on page 41. The recommendation was that it be revised to say based on net metering allowances not to
exceed 20 kilowatts.
2
44
Approved 10/3/12
EXCERPT OF MINUTES
Peter Hallenbeck: The utility companies will let you put solar panels at your house. Then they look at how many
kilowatt hours you used and they looked at how many you generated and you pay the difference or the net amount.
Alan Campbell: What is the result of having a bigger system, as far as the power company?
Peter Hallenbeck: You are not allowed to do the net metering program so you have to fall back to the burden rate.
Tony Blake: There are different kinds of net metering arrangements. You can do it month over month but if you are
on an equal payment plan, you may have a cloudy week where you don't generate any power and that 20 kilowatts
would make up for a previous week by generating more.
Lisa Stuckey: Why do we care what the power companies say if 20 is the limit for safety? Why do we say you have
to do what the power company says?
Peter Hallenbeck: I can't speak as to what the impendence for the power company to have a net meter.
Lisa Stuckey: Why don't we say 20 and that is it?
Peter Hallenbeck: You could do that but I like the fact the ordinance says or no more than your power company
which may avoid a problem where someone on Piedmont goes out and says I will put in 20 and finds out they can't
use it all.
Michael Harvey: There are essentially three processes you could go through. As the ordinance is written, if you are
under 10 kilowatts it would be considered an accessory which means that staff would view and approval of the site
plan. If you are over 10 kilowatts, it would be a Class B special use permit. If you are over 100, it becomes a Class
A defined as a public utility.
MoTioN made by Tony Blake to amend Section 5.9.6 Solar Rays to read consistent with the local utility net metering
agreement maximum not exceed 20 kilowatts. Seconded by Alan Campbell.
VOTE: UNANIMOUS
Michael Harvey: Another major concern is on page 43.
Larry Wright: Let's go to page 17 to review the recommendation.
MoTioN made by Maxecine Mitchell to accept changes as amended. Seconded by Tony Blake.
VOTE: UNANIMOUS
3
Attachment 5 45
Orange County
Commission for the Environment
Meeting Summary
August 13, 2012
Environment and Agricultural Center, Hillsborough
MEMBERS PRESENT: Renee Price (Chair), Michael Hughes (Vice Chair), Lucy Adams, May
Becker, Peter Cada, Michele Drostin, Loren Hintz, Bill Kaiser, David Neal, Tom O'Dwyer, Jan
Sassaman, Gary Saunders, David Welch
MEMBERS ABSENT: None
STAFF PRESENT: Tom Davis GUEST: Michael Harvey (OC Planning & Inspections)
I. Call to Order: Price called the meeting to order at 7:30 pm.
II. Additions or Chanqes to Aqenda — None
I II. Approval of Minutes—Tom O'Dwver motioned to approve the June 11 meetinq
summarv as written; seconded bv Becker. The motion was approved unanimouslv.
IV. UDO Amendments—Solar Arravs — Michael Harvey (Orange Co. Planning &
Inspections) provided an overview of proposed amendments to the County's Unified
Development Ordinance (UDO) to address the development of solar arrays in the
county. The proposed amendments were developed by staff to correct perceived
inconsistencies in the UDO regarding the installation of solar arrays. Further impetus for
modification of the UDO with regard to solar arrays was provided by the proposed
installation of a solar array off White Cross Road. Considerable discussion of the
proposed amendments ensued, including what would constitute acceptable residential
and non-residential solar developments. Discussion of the approval process governing
proposed solar arrays also occurred.
Harvey asked for any CFE comments in advance of August 27 public hearing. He
answered questions from CFE members about the following topics:
• Potential impacts on solar arrays from neighboring properties (i.e., shade)
• The role of aesthetic considerations in the approval process for proposed
solar arrays
• Impervious surface and stormwater considerations at potential solar projects
• The role of the UDO and the Comprehensive Plan in encouraging solar
power generation, and the inclusion of language that does so
■ The prohibition of solar arrays in front yards, plus other setback and siting
considerations
Harvey requested that the CFE provide input to the CFE regarding the proposed
changes to the UDO concerning solar arrays. Later in the meeting, discussion took
place concerning the development of a memorandum to provide the BOCC prior to their
consideration of the proposed UDO amendments. The CFE members directed Davis to
prepare a draft memorandum concerninq the items listed above and forward it to the
CFE members for approval and submittal to the BOCC before Auqust 17t"
1
46
V. Updates and Information Items—CFE members received updates and information
about the following issues:
a. CFE resolution on horizontal drilling and hydraulic fracturing (June 2012)
Price reminded CFE members of her presentation of a CFE resolution about
fracking to the BOCC on June 19. Price reported that the resolution was well
received but the BOCC did not act on the resolution because they had not seen it
prior to the meeting. Davis gave a brief update concerning consumer protections
that were included in Senate Bill 820 and discussed at a conference about
fracking that he attended recently in Raleigh.
b. Planning Board consideration of two CFE proposals (August 1)
Neal told CFE members that the Planning Board discussed setting up a
committee comprised of Planning Board and CFE members to discuss the idea
of permit applicants receiving a rebate of fees in return for incorporating certain
energy efficiency measures in building projects. O'Dwyer told CFE members that
no decisions were made at the meeting. Neal reported that Planning Board
members were enthusiastic about working on these issues, but felt that the
Planning Board and staff needed clarification of roles and direction from the
BOCC to begin working on them.
c. BOCC resolution concerning protection of roadside native plant habitat
d. Half-Percent Sales Tax referendum —will be on the ballot in November
e. County installation of 12 electric-vehicle charging stations
f. Orange Well Net Annual Report (2012)
g. County support of the NC 10% local food campaign
h. CFE vacancies and upcoming officer elections
Price told CFE member that she and Hughes had reviewed the applications of
current CFE candidates and had made a recommendation to the BOCC Clerk's
office. Huqhes reported that he was resiqninq his position on the CFE as of this
eveninq so that he can serve on the OWASA Board of Directors. Price said she
will be very much involved in her BOCC campaign so she was concerned that
she might be unable to fulfill her duties as chair of the CFE. There was
discussion of the procedures required to conduct elections prior to the November
election, when elections normally occur. A decision was made to a�point a vice
chair to replace Huqhes, such that the vice chair could serve as chair if needed.
Saunders volunteered to serve as vice chair and was a�pointed by acclimation.
There was also discussion of when members' terms of office were expirinq.
i. Hughes commented on a recent tour of OWASA forestry lands that he attended
as was reported on in the media.
VI. Committee Meetinqs—Given the late hour, a decision was made that the committees
would not meet to discuss their onqoinq tasks.
VII. Adiournment — Price adjourned the meeting at 9:35 p.m.
Summary by Tom Davis, DEAPR Staff
2