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Home My WebLink AboutORD-2012-004 Amendments to Unified Development Ordinance Text (UDO /Zoning 2011 -06 /.Z' Ordinance 2012-004 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, Orange County would like to more strongly encourage quality, non- residential development in its designated growth areas while balancing any adverse impacts to adjacent properties and the environment, and WHEREAS, County staff has conducted a review of development regulations contained in the Unified Development Ordinance and it has been determined that some development regulations limit development potential in growth areas intended for economic development, and WHEREAS, amendments to the Comprehensive Plan and terminology used therein have necessitated amendments to the Unified Development Ordinance in order to ensure consistency, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and WHEREAS, the County has found the proposed text amendments to be reasonably necessary to promote public health, safety and general welfare and to achieve the purposes of the adopted Comprehensive Plan, and WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7 of the Unified Development Ordinance, the Board of Commissioners of Orange County has found the proposed text amendments to be consistent with the goals and policies of the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. [Excepting the definitions of Industrial,I Light; Industrial, Medium; and Industrial,. Heavy which are to be considered further at a subsequent meeting]. BE IT FURTHER ORDAINED that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion f Commissioner seconded by Commi.ssioner —7 the foregoing ordinance was adopted this day of- 72012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on �._j 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this v day of ? 012. 17 52 CIA to the B and of Commissioners I i ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 7, 2012 Action Agenda Item No. 7 — e SUBJECT: Amendments to Unified Development Ordinance Text (UDO/Zoning 2011-06) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan/Land Use Element Perdita Holtz, 245-2578 Map and Unified Development Ordinance Craig Benedict, 245-2592 (UDO) Amendment Outline Form (UDO/Zoning-2011-06) 2. Approval Ordinance 3. November 21, 2011 Draft Quarterly Public Hearing Minutes 4. December 7, 2011 Planning Board Minutes Educational/Requested Materials: 5. Comparative Examples of Noise Levels 6. Excerpt from Buckhorn Village's Class A Special Use Permit PURPOSE: To receive the Planning Board recommendation, close the public hearing, and make a decision on Planning Director initiated amendments to the Unified Development Ordinance (UDO). BACKGROUND: Staff was tasked with proposing amendments to the UDO that will result in regulations that more strongly encourage quality, non-residential development in the Economic Development Districts (EDDs) and other areas designated for growth, such as Commercial-Industrial Transition Activity Nodes, while balancing any adverse impacts to adjacent properties and the environment. In completing this task, staff must ensure that the amendments work within the overall framework of the UDO and how Orange County regulates development. Staff was directed to not propose changes to the Table of Permitted Uses (Section 5.2) at this time. However, changes to Section 5.2 are expected to come forward in 2012 and will likely entail additional text changes to ensure a cohesive UDO. In completing this work and the work on the Comprehensive Plan text amendments (separate item), staff determined that some amendments would be necessary that are not solely EDD-related. Therefore, amendments to other sections of the UDO are also proposed but all are being proposed in order to provide clarity and conciseness to regulations that relate primarily to non-residential development. L Each change has been color-coded as either "housekeeping," minor, or substantive (see further explanation in Attachment 2). Section 2 of Attachment 1 contains an analysis of the proposed changes. Additionally, each change has been footnoted to provide a brief explanation of the rationale or reason behind the change. Future amendments to the UDO may be desired to further encourage non-residential development in designated growth areas, but this amendment packet provides a substantial first step, especially for the EDDs. Public Hearing: The proposed UDO text amendments were heard at the November 21, 2011 joint public hearing. No members of the public spoke on the proposed amendments. BOCC members made the following comments and staff has provided a brief response to the comments as necessary: 1. There was a question about architectural design controls and how they would apply if the requirement for a Class A Special Use Permit is removed as proposed for Sections 6.2.5 and 6.2.6. Staff response: Staff addressed the question at the hearing and conducted further research after the hearing. Staff is proposing that existing 6.5.1 (Architectural Design Standards for the Economic Development Districts) be amended to apply to all of Nodes that are subject to the proposed changes in Sections 6.2.5 and 6.2.6. Please see Attachment 2 for the modified Section 6.5.1 and the accompanying footnotes. 2. Using decibel levels is not a very effective way to measure noise and allowable sound levels should not be increased. Staff response: Current County regulations use decibels levels as the means of measuring sound. If this measure is to be changed, the BOCC should consider directing staff to work on a comprehensive overhaul of relevant regulations. Staff is suggesting an increase in allowable sound levels in Economic Development, Commercial, Industrial, and Conditional zoning districts as the existing allowable levels are somewhat low. The maximum proposed sound level of 75 decibels (see Attachment 5 for examples of comparable sounds) is applicable during daytime hours only to non-residential uses locating next to Industrial uses. 3. In Section 6.6.2(G) — Architectural Design Standards for the Efland-Cheeks Overlay District, subsection (g) could allow things like air conditioning units to be visible from adjacent roadways in the case of corner lots. Staff response: This is existing language that is only being moved from one section of the UDO to a different section and no changes have been suggested to the language. However, Section 6.8.9 (Screening) of the UDO requires screening of a variety of items, including the mechanical equipment of non-residential development. 4. Please provide information on the Major Transportation Corridor (MTC) buffer break that was allowed as part of the Buckhorn Village project. Staff response: The language from the Class A Special Use permit is in Attachment 6. 5. In the Public Interest District (PID) and (Agricultural Service) AS zoning district charts, why are specific development standards#6 and#7 (PID) and#9 and #10 (AS) being deleted? 3 Staff respon : This language is being deleted from all zoning district charts that contain it and new specific development standard language is proposed to be added to direct users to Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is being proposed on a non- residential,zoning lot. The reason is that changes are being proposed for Section 6.2.5 and 6.2.6 that will apply requirements differently depending on Land Use categories, so it is impractical to reiterate the text of the two Sections in the zoning district charts. Directing users to the Sections if the situation applies to them is more practical. 6. The definition for"Research Facility"could be more clear. Staff response: The proposed definition has been revised and is included in Attachment 2. 7. There was a question about the language in Section 4.2.5 regarding impervious surface limits which staff answered at the hearing. 8. There was a question about the "collapsed" Land Use Buffer Schedule (Table 6.8.12.C) which staff answered at the hearing. Draft minutes of the November 21, 2011 Quarterly Public Hearing are included in Attachment 3. Public Hearing Procedural Information: In accordance with Section 2.3.10 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. Planning Director's Recommendation: The Planning Director recommends approval of the proposed UDO text amendments based on the following: a) The UDO text amendments are reasonably necessary to correct errors/inconsistencies between the UDO and Comprehensive Plan; and, b) The UDO text amendments are consistent with the policies, objectives, principles or standards governing the physical development of the County. Planning Board Recommendation: The Planning Board reviewed the proposed UDO text amendments at its December 7, 2011 meeting. The Planning Board voted unanimously to recommend approval of the proposed UDO text amendments as included in Attachment 2. The minutes for the December 7, 2011 Planning Board meeting are provided in Attachment 4. FINANCIAL IMPACT: See Section C.3 in Attachment 1. RECOMMENDATION: The Manager recommends the Board: 1. Receive the Planning Board recommendation of approval; 2. Close the public hearing; and 3. Adopt the Ordinance of Approval for the UDO text amendments contained within Attachment 2. Attachment 1 4 COMPREHENSIVE PLAN/LAND USE ELEMENT MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMEN DMENTOUTLINE UDO /Zoning-2011-06 A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map: From: - To: - F-1 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): —Numerous —see attached Ordinance (Attachment 2) -- ---� ❑ Other: —B. RATIONALE 1. Purpose/Mission In accordance with: I • the BOCC directive to focus staff efforts on economic development-related issues and i • the provisions of Section 2.8 (Zoning Atlas and Unified Development Ordinance Amendments) of the Unified Development Ordinance, the Planning i Director has initiated text amendments to the Unified Development 1 5 Ordinance. Staff was tasked with the following: Propose amendments to the UDO that will more strongly encourage quality, non- residential development in the EDDs while balancing any adverse impacts to adjacent properties and the environment. Ensure the amendments work within the overall framework of the UDO and how Orange County regulates development but do not propose changes to the Table of Permitted Uses (Section 5.2) at this time. 2. Analysis As required under Section 2.8.5 of the Orange County 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'. Each proposed change in the amendment packet is footnoted with a brief reason or rationale for the change. Additionally, proposed changes have been color-coded to indicate the level of significance (in staffs opinion) of the change. This was done to enhance the reviewability of the packet and to draw reviewers' attention to more substantive amendments. Reviewers are encouraged to read each footnote as every change is not analyzed here. In staff s opinion, the most significant proposed changes are to Sections 6.2.5 and 6.2.6. The.proposed changes in Section 6.2.5 removes the requirement for a Class A Special use Permit (SUP) for projects in the designated growth area if a project has more than one principal use on a zoning lot. Current regulations require a Class A SUP for any project that isn't a single-use project. This is an onerous requirement for projects proposed in designated growth areas. The proposed changes in Section 6.2.6 would allow more than one principal structure on a zoning lot greater than 2 acres in size if it is located in one of the designated growth areas. Current regulations require projects that have more than one building on a lot that's larger than 2 acres to go through the Conditional Use process or the Conditional Zoning process. This is an onerous requirement for projects proposed in designated growth areas. Section 6.3 also contains a significant change. The proposal is to replace the Site Volume Ratios that are quite uncommon, very site-specific, and applicable only in the Economic Development Districts (EDDs) with the more commonly used ratios of Floor Area Ratio, Open Space Ratio, and Pedestrian/Landscape Ratio. These are the types of ratios used in the other zoning districts contained in the UDO. Impervious Surface Ratios are also currently used and will continue to be used. The proposed new ratios are shown in each relevant chart for the ED zoning districts located in Article 3. Other significant changes include: • Section 6.4.3 Noise: An increase in the allowed sound level limits in Commercial, Industrial, and Conditional zoning districts and in the Economic Development zoning districts. Attachment 3 is a chart depicting what a decibel 2 6 level actually means to the average person. • Section 6.6.3 Major Transportation Corridor (MTC): An increase in the break allowed in the required MTC buffer to allow up to a 50% break in order to provide an on-site commercial sign and/or building visibility. • Section 6.8.12 Additional Standards for Economic Development Districts (related to Landscaping, Buffers & Tree Protection): Removal of requirements related to the landscaping and tree preservation plan for projects in the EDDs; will require that projects in the EDDs be held to the same standards as j projects located in other areas of the county. Also suggesting that the Land Use Buffer Schedule for the EDDs (Table 6.8.12.0 be collapsed into far fewer categories and suggesting lesser buffer widths in some instances. While reviewing areas of the UDO proposed for amendments, staff kept the following idea in mind: Do these changes allow for reasonable development while boosting Orange County's competitiveness in the region to attract non-residential development to designated growth areas? The Planning Director recommends approval of the proposed UDO text amendments based on the following: a) The UDO text amendments are reasonably necessary to correct errors/inconsistencies between the UDO and Comprehensive Plan; and, b) The UDO text amendments are consistent with the policies, objectives, principles or standards governing the hysical development of the County. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Obiectives) Board of County Commissioner' Planning Principles: 7. Promotion Of Economic j Prosperity And Diversity: Development of a diversity of new businesses and expansion of existing businesses should occur in Orange County. Economic Development Element Obiective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Economic Development Element Obiective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. Economic Development Element Objective ED-2.8: Adjust ongoing designation and zoning of Economic Development Districts to avoid the area designated as the Rural Buffer. Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. Land Use Element Obiective LU-4.2: Review and amend the Orange County Zoning and Subdivision Ordinances to identify and eliminate existing regulatory impediments to objectives identified in the Comprehensive Plan. Such objectives include but are j not limited to the development of energy efficient buildings within the County, water efficiency standards for new development, and development of affordable housing. 3 4. New Statutes and Rules C. PROCESS 1. TIMEFRAMEIMILESTONESIDEADLINES a. BOCC Authorization to Proceed August 23, 2011 b. gy,�rterl �Public Hearin__ -- November 21, 2011 c. BOCC Updates/Checkpoints October 5, 2011 —BOCC members receive materials to be reviewed by the Planning Board's Ordinance Advisory Committee.as part of the Planning Board packets sent to all BOCC members each month -November 1, 2011 (Legal Ad Approval) d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: The public hearing process followed is specified in the Orange County UDO and is consistent with NC General Statutes. For text amendments, the process consists of legal advertisements published for two consecutive weeks prior to the public hearing and the public hearing. a. Planning Board Review: October 5, 2011 (Ordinance Review Committee) December 7, 2011 (Review/Recommendation)_ b. Advisory Boards: Because the Economic Development Commission has been disbanded, Planning staff provided the amendments to Economic Development (ED) staff for review and comment in mid-September. ED staff comments have been incorporated into the proposed amendment packet. c. Local Government Review: These text amendments are not subject to JPA review because they do not affect the Rural Buffer; however, Planning staff sent the amendment packet to the Towns of Chapel Hill and Carrboro at the end of October. To date, no 8 comments have been received from the Towns. d. Outreach: ® General Public: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. For text amendments, the process consists of legal advertisements published for two consecutive weeks prior to the public :hearing and the public hearing. ❑ Small Area Plan ❑ Other: ----- ----- -------— ------- ---- 3. FISCAL IMPACT Consideration and approval of the proposed amendments will not create the need for additional funding. Existing Planning staff researched and wrote the amendments and is coordinating processing and reviews. Associated advertising costs were included in the FY11-12 Budget. D. AMENDMENT IMPLICATIONS The proposed amendments have been categorized and color-coded into three basic types: • Clean-up/"Housekeeping" • Minor but more substantive than a clean-up • Substantive The amendments are in response to the BOCC directive to focus on economic development-related initiatives. The proposed amendments are intended to more strongly encourage non-residential development in designated growth areas while balancing any adverse impacts to adjacent properties and the environment. If adopted, the more substantive amendments are likely to make non-residential development in designated growth areas less onerous while continuing to result in a quality development _project that minimizes adverse impacts. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 2 for Ordinance. 5 Attachment 2 Ordinance 4. 2012-004 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, Orange County would like -to more strongly encourage quality, non- residential development in its designated growth areas while balancing any adverse impacts to adjacent properties and the environment, and WHEREAS, County staff has conducted a review of development regulations contained in the Unified Development Ordinance and it has been determined that some development regulations limit development potential in growth areas intended for economic development, and WHEREAS, amendments to the Comprehensive Flan and terminology used therein have necessitated amendments to the Unified Development Ordinance in order to ensure consistency, and WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and WHEREAS, the County has found the proposed text amendments to be reasonably necessary to promote public health, safety and general welfare and to achieve the purposes of the adopted Comprehensive Plan, and WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1J.7 of the Unified Development Ordinance, the Board of Commissioners of Orange County has found the proposed text amendments to be consistent with the goals and policies of the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. BE IT FURTHER ORDAINED that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner the foregoing ordinance was adopted this day of 12012. 1, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HFRFRY CERTIFY that the foregoing is a true copv of so much of the proceedings of said 11 UDO Amendment Packet Notes Planning staff was tasked with the following: Propose amendments to the UDO that will more strongly encourage quality, non-residential development in the EDDs while balancing any adverse impacts to adjacent properties and the environment. Ensure the amendments work within the overall framework of the UDO and how Orange County regulates development but do not propose changes to the Table of Permitted Uses (Section 5.2) at this time. The following amendment package seeks to achieve the stated task. Since the number of affected pages is rather extensive, staff has divided the proposed amendments into three basic, color-coded types: Green text: Clean-up or housekeeping types of amendments. Do not change existing regulations. Orange text: Minor amendments but more substantive than a "housekeeping" item. May change existing regulations slightly or may be a clai-ifying addition to the regulations. Some may have the potential to slightly change the way some people might interpret a regulation. Red text: Substantive change from existing regulations. With two exceptions, only pages of the UDO with a proposed change are included in the packet. One exception is where a page needed to be included in order to be clear about which section of the UDO was proposed for amendment. The other exception is the post-QPH addition of Section 6.5.1 in its entirety. Additionally, there is at least one instance where Word automatically broke a footnote across two pages, so if a footnote seems to end mid-sentence, please check the bottom of the next page. Please note that the page numbers in this amendment packet may or may not correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. You are encouraged to review this amendment packet in the context of having your complete UDO available for referencing as needed. Every change has a footnote that provides a brief rationale or reason for the proposed change. 12 Article 2: Procedures Section 2.5: Site Plan Review (1) Erosion control and grading plans as necessary to be approved by the Erosion Control Officer for a grading permit, and (2) Building construction plans to be-approved by the Building Official prior to issuance of a building permit. 2.5.3 Plan Specifications Each site plan shall be drawn at a scale adequate to show required detail and shall contain the following information: (A) The boundary of the lot(s)to be developed labeled with bearings and distances; (B) The name, address, and phone number of the applicant and the property owner; (C) Name of project, vicinity map, north arrow, scale,tax map reference number, date of plan preparation, and subsequent revision dates; (D) Zoning of the property to be developed and all adjacent zoning and existing adjacent land uses; (E) Adjacent right-of-way widths with road names and numbers; (F) A development summary including total acres, proposed use(s), total building square footage, required and proposed parking spaces.' [Note that subsequent requirements (G through V) have been automatically renumbered] (G) Demonstrated compliance with all applicable performance standards contained in Articles 3,4, 5, and 6 of this Ordinance; (H) Maximum and proposed impervious surface and required stream buffers as detailed in Sections 4.2 and 6.12 of this Ordinance; (1) Estimated traffic generated by the proposed development in trips per day. If the estimate exceeds 800 trips per day, a traffic impact study must be submitted in accordance with Section 6.17; (J) Front, side, and rear building setbacks as required by Articles 3 and 5 of this Ordinance; (K) Location of all proposed buildings and structures labeled with floor area, building height and function, and proposed finished floor elevation; (L) Vehicular use areas including existing and proposed streets and access drives, off street parking and loading to comply with Section 6.9 of this Ordinance, and entry/exit points of adjacent parcels; (M) Overhead and underground utilities with accompanying easements and storm drainage facilities/easements(including septic tanks and wastewater disposal fields,wells, fire hydrants, irrigation, and security lights); (N) Solid waste disposal facilities; (0) All proposed free-standing and wall-mounted signs. Signs must comply with Section 6.12 of this Ordinance; (P) A landscape plan demonstrating compliance with Section 6.8 of this Ordinance; (Q) For all developments other than single-family residential and duplexes, existing contour lines(dashed)and proposed contours(solid) at 5-foot intervals with 10-foot contours bold. Where site conditions warrant,2-foot contours may be required; 'In an effort to streamline the UDO in areas related to economic development efforts,this requirement is suggested to apply to all site plans since it is reasonable to require of all site plans and it is the only requirement in existing Section 2.5.7(A)(2)and 2.5.7(B)(2)that is not redundant with Section 2.5.3. Adding this reasonable requirement, which the large majority of applicants already provide in order to show compliance with(G),to Section 2.5.3 will allow for deletion of the redundant sections. Orange County,North Carolina—Unified Development Ordinance Page 2-10 Article 2: Procedures 13 Section 2.5:Site Pian Review 2.6.5 Vesting of Site Plan (A) At the option of the Applicant,a site plan may be vested for a period of not less than two nor more than five years. To become vested, a site specific development plan must be approved by the Board of County Commissioners as a Special Use Permit, in accordance with Section 2.7 of this Ordinance. An approved site specific development plan shall contain the following statement:"Approval of this plan establishes a zoning vested right under G.S. 153A-344.1. Unless terminated at an earlier date,the zoning right shall be valid until (B) The site specific development plan for a project which requires the preparation of an Environmental Impact Statement(EIS) in accordance with Section 6.16 of this Ordinance shall not be approved until the EIS has been made available for public review, and has been presented to the Board of County Commissioners in accordance with Section 2.23 of this Ordinance. 2.6.6 Guarantee of Improvements (A) If a guarantee of improvements is required as a condition of site plan approval,the applicant shall provide Orange County with a security bond,escrow agreement, or irrevocable letter of credit by an approved institution. (B) The guarantee shall be effective for 12 months and shall include the cost of the improvements plus 10%. (C) Prior to issuance of any site plan approval,the guarantee shall be approved by the County Attorney. (D) If a guarantee is not submitted,the developer must install all required improvements to the satisfaction of the County prior to issuance of the zoning compliance permit. 2.6.7 Additional Requirements for Overlay Districts (A) Efland-Cheeks Highway 70 Corridor Overlay District (1) Approval Requirements Within the Efland-Cheeks Highway 70 Corridor Overlay District(ECOD), no construction activity shall begin nor shall any conversion of existing single-family residence to a non-residential land use,excavation,soil removal, grading or disturbance of vegetation including trees, land disturbing activity associated with a non-residential land use, be commenced, nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Sections 2.4,and 2.5.4 6.6.2 of this Ordinance. . ................. ...... in additieR to the F ests Gut i I SeGt;g. s-227�. 4-9-6-2-�-the fGllowinq additieipaili�_,_�aatiqn sh—a -11 19piRg WithiR the EGOID; (a) A and (b) The dimens!GRs and aGFe upGA eF ethepNis�-, (G) The layout of the e-tire PFQ;6Gt;RGiW and their Felation t (d) The!GGatiGR and dimeRSiGHS Of pFeGeRt--A (e) The!GGatiGR of poiRts-��P4-e,€ft#8f-inGt-Gr-vel�i&Ies-a4i44ntefRaI vehiG61laF GiFGU1atiGR patteFR- Orange County,North Carolina-Unified Development Ordinance Page 2-12 14 Article 2: Procedures Section 2.5:Site Plan Review (EI) GradiRg, draiRage, sedinieRtatieR apd-e��f4-a lti Atic-s- (h) The le (i) The!GGatien Of MitallS,feRGeG, F 4439-6-��* their height and GGR&tR+GtGfHIAat94atS, t4filities wateF, sew (k) ldL-RtifiG-;AQ-R R-Ind- IGG SigRifiGaRt (B) Major Transportation Corridor Overlay District (1) Approval Requirements Within the Major Transportation Corridor District, no construction activity shall begin nor shall any excavation, soil removal,filling,grading or disturbance of vegetation, including trees, be commenced, nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Sections 2.4 @Rd 2.5.4 of this Ordinance. EaGh appliGation fGr a peFFni (a) A ViGi b4s#449 the !GG2tiGR Gf-4l4e-PfGjsGt-. (b) A develepment r.UI4;MaFV;Relud,,ng4Gta4-aGFes, P---,-G-sed use(s), tG (G) The diMeRSiORs and UPGR OF c)thep.,..-- and their relatie.p to r-,--!FF96ind!Rg prepeFties. The leGatiGR and (f) The!GGa#G44-8f points of-eR"4-e-it fGF ehiGUlaF r*Gulatien patteFR. The lGra#eF-a r diRq-af-e�, (h) The losa#iea e f its (i) All ex tiRg and PFOPOSeGI teP99FaP14�(at GORtGUF leeatiGR of existing and PFGPGse4-plaM44js-and----c�* VI/ ng-s-. 0) The 19GatieR of-e�x;-&;9 and stp- F bUffeFs and-dfai+�a��,, theiF height and Ggn&UGtion materials. (R) The lgGatiOR and size of all existi. wateF, sewer-,gas-,aP4-e�* 2 Other than one requirement,this section is redundant with Section 2.5.3. The one requirement is suggested to be added to Section 2.5.3 and this subsection can then be deleted. [see related footnote in Section 2.5.3]. Orange County,North Carolina-Unified Development Ordinance Page 2-13 Article 2: Procedures 15 Section 2.5: Site Plan Review (e) ldeatifi at;c..and of all Site i+7nPr91.LeMeRttS,in,.l di-g'sr streets, v.,at°�a-s?,vel esr stor+i-4rainagef{ikitiee-a-Rd- ,,Eother SigRiftaiit site features .. (p) T.e !nn t•np and dimension of f! ya1{d---e4b-aGk-S: p�'CiSTDlTGTTq- 1 I R. Title; no,rt,h r a .— , a�-e}s-Ef lands— �nrl,�nr- ar,d the date--G nr� -r-atipn of fl e i3iafaa(S}: 2.5.8 Additional Requirements for Economic Development Districts (A) VeFrnit issued 44 (B) Prior to submission of an application for site plan approval, applicants will be r^^,.irerl fr. shall meet with representatives of the Planning and Inspections, and Economic Development Departments to identify policies, procedures, regulations, and fees applicable to development proposals. (C) (D) Any proposed subdivision in an Economic Development District shall follow the approval procedures as specified in Section 2.16. (E) In addition to the submittal requirements contained in this Section, a complete application shall also include: (1) Building elevation drawings for each proposed structure; and (2) A minimum of two drawings of sections through the site illustrating existing and proposed grades, as well as the relationship of different site features. f et the or•tc is for cite Plan nor , ort •n th• Se (F) Failure ,..,..,...... .,.,._...... .... ...._- r._.. �'rr.`_'.4�1--I+�vt u-„-,-crr;.ci��o-tiof,f9 dFess agel;Gy GG_r ITTeRtS SGlNr4er!rt ir•n^the plan rc��iie�y�_nrp6e�. �. �a ��{-7�ere�i.L_to_.in tVh. 'nn deRia- fsat+eti:-l+ aees-tr°� pmel t-play? s:v�J be r-etur-ned mho app�.ppl;G2Rt raith a-'T4te-R 3i r°itF2(� 3f t re cnf�S S �zE�laf-afl � e s a;ge r ^ ed for the application to he anprn'te�7 .. c�TT��^^55 -v .�N N.... (G) AR appi+saRt-s G2m0,`.^.#h4he sites l- a d desinp nritoria 4S rr �; ,,[e-.the�ppl{o it na app{t far a e +f{er}al 3 Other than one requirement,this section is redundant with Section 2.5.3. The one requirement is suggested to be added to Section 2.5.3 and this subsection can then be deleted. [see related footnote in Section 2.5.31. 4 This is not really an"additional'requirement because all projects must comply with these sections(e.g.,see Section 2.4:1(A). This is a remnant that remains from when the former EDD Design Manual was distributed as a separate document and the process was contained in that document. Economic Development(ED)Department staff asked Planning staff to evaluate the language in this subsection to ensure only truly additional requirements are listed here. 5 Suggested change to be in conformance with how language is used throughout the UDO. 6 Redundant with the zoning district charts in Article 3 which direct users to Article 6. Additionally,staff reviews applications for compliance with the entire UDO,not just Sections 6.3 and 6.4. Rationale for change is also related to Footnote for(A)above regarding the EDD Design Manual. 7 This is redundant with the procedures set forth in Section 2.5.4 for all site plan reviews. Economic Development Department staff has a concern about the negative connotations underlying the language in(F)and requested that Planning staff review the language. Planning staff believes(F)can be deleted because it is not specific to projects in EDDs,but,rather,is the normal process for all projects. Orange County,North Carolina-Unified Development Ordinance Page 2-14 16 Article 2: Procedures Section 2.6: Floodplain Development Permit and Certificate Requirements Use District or Master Plan�F Dei, velopment GGRditional 7nninn D ric-t(MP�._PD_o.)T-sQe Snrtinn`J Q ;;Ad 4rtirle Z\ 8 SECTION • •D' • DEVELOPMENT PERMIT AND CERTIFICATE REQUIREMENTS 2.6.1 Requirements for Special Flood Hazard Area Overlay District All projects proposing the development of property located within the Special Flood Hazard Area Overlay District shall be required, regardless of the proposed land use, to submit a site plan prepared by a registered engineer, landscape architect, or land surveyor in accordance with the provisions of Section 2.5. 2.6.2 Plans and Application Requirements Application for a floodplain development permit shall be made to the Floodplain Administrator on forms furnished by the Planning Department prior to any development activities proposed to be located within flood prone areas. The following items/information shall be presented to the Floodplain Administrator to apply for a floodplain development permit: (A) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development: (1) The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, driveways, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development; (2) The boundary of the SFHA as delineated on the FIRM or other flood map as determined in Section 4.3.5 or a statement that the entire lot is within the SFHA; (3) Flood zone(s)designation of the proposed development area as determined on the FIRM or other flood map as determined in Section 4.3.5; (4) The boundary of the floodway(s)or non-encroachment area(s)as determined in Section 4.3.5; (5) The Base Flood Elevation(BFE)where provided as set forth in Sections 4.3.5, 1.10.2 (K)and (L), and 6.6.1; (6) The old and new location of any watercourse that will be altered or relocated as a result of proposed development; and (7) Preparation of the plot plan by or under the direct supervision of a North Carolina licensed professional Land Surveyor or Professional Engineer and certified by them. (B) Proposed elevation, and method thereof, of all development within a SFHA including but not limited to: (1) Elevation in relation to mean sea level of the proposed reference level (including basement)of all structures; (2) Elevation in relation to mean sea level to which any non-residential structure in Zone AE will be flood-proofed; and (3) Elevation in relation to mean sea level to which any proposed utility systems will be elevated or flood proofed. 8 This is not an additional requirement for projects in EDDs;it is applicable to all projects. This is an unnecessary remnant of the process components contained in the EDD Design Manual that was carried over when the Manual was incorporated into the UDO. Orange County,North Carolina—Unified Development Ordinance Page 2-15 Article 2: Procedures 17 Section 2.16:Subdivisions in the Economic Development,Commercial,andfor COMMERCIAL-INDUSTRIAL Industrial NodesOFOF 2.16.5 Certificate of Adequacy of Public School Facilities No approval of a major subdivision preliminary plat or a minor subdivision final plat for a residential development shall become effective unless and until a Certificate of Adequacy of Public School Facilities (CAPS)for the project has been issued by the relevant School District. See Section 6.19 for standards related to CAPS. iSECTION 2.16: SUBDIVISIONS IN THE ECONOMIC DEVELOPMENT, COMMERCIAL, AND/OR NODES' (A) All subdivisions in the Economic Development, Commercial, and/or Commercial- Industrial andiGF industi: Nodes, as identified in the Comprehensive Plan, shall submit an application in accordance with the requirements specified in Section 2.15.3(13). (B) Initial review of all subdivisions in the Economic Development, Commercial,and/or Commercial-Industrial and/oF 1 ndustri Nodes shall be performed by the Planning Department. (C) Following review by the Planning Department all subdivisions shall follow the major subdivision preliminary plat approval procedures specified in Section 2.15.3. (D) All roads in the Nodes identified in(A) above are required to be public and constructed to North Carolina Department of Transportation standards. (E) Final plat approvals shall follow the final plat approval procedures in Section 2.15.4. (F) Additional Requirements for Hillsborough Economic Development District: (1) When a MPD-CZ rezoning petition is approved, and the tract that is subject of said rezoning is proposed to be subdivided,all provisions of Article 7 shall be satisfied. (a) The applicant may obtain approval of the subdivision simultaneously with the approval of the rezoning if sufficient information (i.e. lot lines, lot size, etc)is shown on the site plan or at a later time. (b) The subdivision shall be consistent with the terms of the MPD-CZ and Special Use Permit, Class A(as applicable)that is approved along with the rezoning petition. (c) If the Master Plan and Special Use Permit, Class A(as applicable)that is approved along with the MPD-CZ rezoning petition establishes density, floor area, impervious surface, or similar limitations on the tract that is rezoned or any portion thereof,the subdivision final plat that creates lots out of any portion of the tract so encumbered shall indicate on the face of the plat with respect to each lot such limitations or restrictions as are necessary to ensure compliance with the Master Plan and MPD-CZ rezoning approval. 9 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. Orange County,North Carolina—Unified Development Ordinance Page 2-57 18 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts lSECTION 3.4: GENERAL COMMERCIAL DISTRICTS DIMENSIONAL AND RATIO STANDARDS LC-1 LOCAL COMMERCIAL (square feet} PURPOSE Lat Width,min. 75 (feet) The purpose of the Local Commercial-I(LC-1)District Is to provide appropriately located and sized sites for limited commercial uses Front Setback from 15 designed to serve a population at the neighborhood and rural level ROW,min.(feet) with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. Side Setback,min. 15[2] (feet) APPLICABILITY This district will usually be applied where the following conditions exist Rear Setback,min. 15[2] (feet) 1. Site is located within areas designated by the adopted Comprehensive Plan as either a Commercial Transition Activity Node,a Commercial-industrial Transition Activity Node,a Rural 0 Community Activity Node or a Rural Neighborhood Activity Node.' Height,max. (feet) 25[3] 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. F R-!CU 1[4-], NR NR-CU Required Open R-CU .80 Space Ratio,min. NR DIMENSIONAL STANDARDS NOTES: NR-CU .79 [1]Lot size for individual uses shall be appropriate to the method of ,,Re 910 brl I ty R-CU, .6k, water supply and sewage disposal. PAW Rt[o mina [2]Required side and rear setbacks adjacent to residentially zoned Required R .074 land shall be equal to the required side or rear setback of the Recreation Space R-CU .077 adjacent residential district. Ratio, min. [3]Two feet of additional height shall be allowed for one foot Gros I Lq 5,0001 increase of the required front and side setbacks. I&,�4,�Td Area,� R-CU_ 11 none, [4]R residential, NR non-residential,CU conditional use. norfel, 61`41d t Nit-CU :Qf,344- Required NR .20 Pedestrian/ Landscape Ratio, NR-CU .198 min. 10 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. Orange County,North Carolina—Unified Development Ordinance Page 3-20 Article 3: Base Zoning Districts 19 Section 3.4:General Commercial Districts DEVELOPMENT LC-1 DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the LCA District in Section 5.2, unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the properly is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot." 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. The maximum amount of land zoned LC-1 within Rural Community Activity Nodes shall be limited to ten acres with a five acre limitation imposed within other Nodes,specifically Rural Neighborhood and Rural Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node has reached capacity, additional rezoning may be possible through the submittal,processing,and approval of a Conditional Use in accordance with the provisions of this Ordinance. Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5), Conditional Use(CU),or MPD-CZ. 10. All sites designated LC-1 shall have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. 11 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#11 and#12)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-21 20 Article 3: Base Zoning Districts Section 3.4:General Commercial Districts NC-2 DIMENSIONAL AND RATIO STANDARDS NEIGHBORHOOD COMMERCIAL {square feet} PURPOSE Lot Width,min. 20 (feet) The purpose of the Neighborhood Commercial-2(NC-2)District is to provide appropriately located and sized sites for limited commercial Front Setback from 50 uses designed to serve a population at the neighborhood and rural ROW,min.(feet) level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the lot boundaries of the use. Side Setback,min. None[2] APPLICABILITY (feet) This district will usually be applied where the following conditions exist Rear Setback,min. None[2] (feet) 1. Located within areas designated by the adopted Comprehensive Plan as either a Commercial Transition Activity Node,Commercial- Industrial Transition Activity Node, eF Rural Neighborhood Activity Node,or Rural Community Activity Node.12 Height,max (feet) 35[3] 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. 0 _7 q4t 20 maw 2X, Required Open R-CU NR .76 Space Ratio, min. NR-CU .75 DIMENSIONAL STANDARDS NOTES: 1 b [1]Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal, Required R [2]Required side and rear setbacks adjacent to residentially zoned Recreation Space land shall be equal to the required side or rear setback of the Ratio R-CU adjacent residential district. .11 4 [3]Two feet of additional height shall be allowed for one foot Gross Land Area 5,(=/ 4y M increase of the required front and side setbacks. mI none =_ [4]R residential,NR non-residential,CU=conditional use. :0i 421,344,: Required NR 19 Pedestrian! Landscape Ratio, NR-CU .188 min. NC-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 12 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation-which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. Orange County,North Carolina—Unified Development Ordinance Page 3-22 Article 3: Base Zoning Districts 21 Section 3.4: General Commercial Districts 1. Uses shall be restricted to those indicated for the NC-2 District in Section 5.2, unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3fbr land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards&ailed Jn Article 5 and all applicable development standards detailed in Article 6 of this Ordinance.___ - 66tions 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on anon-residential zoning lot.13 3. The residential density permitted on a given,parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. & Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. The maximum amount of land zoned NC-2 within Rural Community Activity Nodes shall be limited to ten acres with a five acre limitation imposed within other Nodes,specifically Rural Neighborhood and Rural Industrial Nodes,as defined within the Orange County Comprehensive Plan. In situations where a Node has reached capacity,additional rezoning may be possible through the submittal,processing,and approval of a Conditional Use in accordance with the provisions of this Ordinance. Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5), Conditional Use(CU),or MPD-CZ. 10. All sites designated NC-2 shall have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. fli. No FRore thaR eRe prinGipal 6tFuGtwF9 is permitted by Fight on aRy non F961deRtial 9GRiRg 10t 9FE9atA_F th�AA b.A.4-9 aGFes R&Z9. =;eFe-FneFe thaR GR9 PORGipal stFuctuFe is pFQPQ69d iA GF4eF tO GaFFy eut the PFiRGipal W69 Of the pFepeFty, aRGI the l9t'S qFeatff than Wie aGFes lR size, a Glass A SP96a!Use Permit and C_ 1-169(GU)[)iStOGt,OF GgAditiGRal ZGAing(GZ)PiGtFiGt shall be appFeved by the 13eaFd of Gounty GQMR;16G1QA9F6,.- 12. On parr-,el-s less than Me aGFeS iA SiZ9,FAUltiple MOR F Rideptial wsps __.a. ---- -hall be GGPtaiRed;Mthin a 6illgt pr4RGipal stFuGtuF9 unless a Genditional Use(GIJ)PiStgGt OF G G-Rd-4-69 SRI zg_SiRg (Q)lDi6tFiGt is appFev9d. FeF the PUFP9696 9f thiS FeqWiF9FA9F#,an unstaffed t9IeGQMFA1_1Rig;;VQ1q towAr Sul;jeGt to a yeaF to yeaF 9 GtheF$hGFt t9"lease,shall not be GGRGidKed aR additippal usa- 13 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section of the LIDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#11 and#12)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-23 22 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts CC-3 DIVIENSIONAL AND RATIO STANDARDS Lot Size,min.{square COMMUNITY COMMERCIAL PURPOSE Lot Width, min. (feet) 20 The purpose of the Community Commercial-3(CC 3)District is to provide suitably located and sized sites for commercial,office and Front Setback from service uses iRG!61diR9 limited autqmeti,�e,GGRYeRieRG9,d14F ROW,min, (feet) 50 9GG(JS, and G#;eF 6iw4ap4ses designed to serve a county-level market area 14. Performance standards will be used to insure the absence of adverse impacts beyond the zoping district boundaries of the use. Side Setback,min. None[2] (feet) APPLICABILITY This district will usually be applied where the following conditions exist Rear Setback, min. None[2] (feet) 1. Existing community commercial type developments on sites that are within areas designated by the adopted Comprehensive Plan as a Commercial Transition Activity Nodes or Commercial- Industrial Transition Activity Node.'s 2. In the Chapel Hill Joint Planning Transition area,new developments of a CC-3 nature should be controlled by the appropriate Conditional Use designation. 3. Use would serve a market area population extending to major Height,max. (feet) 45[3] segments of the county and its municipalities, 4. Generally,for property designated Transition in the adopted Comprehensive Plan urban services such as water supply and sewerage would exist or be made available as part of the development process. For property located in other areas,the water supply and sewage disposal shall be appropriate to the uses proposed and the site conditions. DIMENSIONAL STANDARDS NOTES: Floor,' [1]Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. WCU .459 [2]Required side and rear setbacks adjacent to residentially zoned R-CU land shall be equal to the required side or rear setback of the Required Open Space R NR NR- .72 adjacent residential district. Ratio min. CU U 44 [3]Two feet of additional height shall be allowed for one foot Required Livability increase of the required front and side setbacks. Spa R-C ce Ratio,min. 14 At the request of Economic Development Department staff,Planning staff is suggesting that this statement be re- written to reflect Purpose statement similar in type to the other commercial districts(e.g.,not listing specific types of uses—see LC-1,NC-2,and GC-4 Purpose statements for comparison) 15 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. Orange County,North Carolina—Unified Development Ordinance Page 3-24 1 1 Article 3: Base Zoning Districts 23 Section 3.4:General Commercial Districts [4]R=residential, NR=non-residential,CU=conditional use. Required Recreation R .197 Space Ratio,min. R-CU 200 :zt 2.7 s,.'. Required NR Pedestrian/Landscape NR-CU 18 Ratio min. DEVELOPMENT CC-3 DISTRICT SPECIFIC rA-D 1. Uses shall be restricted to those indicated for the CC-3 District in Section 5.2,unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.16 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. Normally,the maximum amount of land zoned CC-3 at any node shall not exceed 29 acres,but 15 acres shall apply in rural areas where population density is lower and distributed more widely than in the Transition Areas. Acreage limitations shall not apply to property zoned Existing Commercial-5(EC-5), Conditional Use (CU),or MPD-CZ. 10. All property to be designated for new development under this classification shall have direct access to major collector streets as designated by the adopted Comprehensive Plan. the prGperty,and the lot is gFeate r than tv.&o agres iR size, a Glass A Sp9Gial 969 Permit and Site PlaR, GemrnissiGners_7 12. GR PaFG916 less thle-n.bkyo_ aG_FR_A_iR size,FAultiple Ron Fe6idential user,shall be Gontained WithiR a siRgle Pei:the purposes of this FeguiFemeRt,an uRsta Glt6leGGFRM6RiGatiORtGweFaubjeGttoayear-tayeaFe 16 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion ofthis amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#11 and#12)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-25 24 Article 3: Base Zoning Districts Section 3.4:General Commercial Districts Lot Size, min.{square 40,000[1 j DIMENSIONAL AND RATIO STANDARDS GC-4 GENERAL COMMERCIAL Lot Width, min. (feet) 75 PURPOSE The purpose of the General Commercial-4(GC 4)District is to Front Setback from provide suitable situated and sized sites that allow a broad range ROW,min. (feet) 35 of commercial,office and service uses.Performance standards will be used to insure the absence of adverse impacts beyond the zoning district boundary. Side Setback, min. None[2] (feet) APPLICABILITY This district Will usually be applied where the following conditions exist Rear Setback,min. None[2] (feet) 1. The site is within an area designated by the adopted Comprehensive Plan as either a Commercial Transition Activity Node, or Commercial-Industrial Transition Activity Node-9r RsifionAetivity 17 2. Water and sewer mains exist at the site or are to be made Height, max. (feet) 45[3] available as part of the development process or the lot size for individual uses are appropriate to the method of water supply and sewage disposal. 01160 RAI '14 .4 CU DIMENSIONAL STANDARDS NOTES: NR [1]Lot size for individual uses shall be appropriate to the method Required Open Space NR of water supply and sewage disposal, .71 [2]Required side and rear setbacks adjacent to residentially Ratio,min. NR-CU Wff .,I zoned land shall be equal to the required side or rear setback of 4ity,A4, the adjacent residential district. min m ' NI�CiJ 42t3'60W: [3]Two feet of additional height shall be allowed for one foot none increase of the required front and side setbacks. Required [4]R=residential,NR=non-residential,CU=conditional use. Pedestrian/Landscape NR .178 Ratio,min. NR-CU • DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the GC-4 District in Section 5.2,unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land 17 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. Orange County,North Carolina—Unified Development Ordinance Page 3-26 1 - I Article 3: Base Zoning Districts 25 Section 3.4:General Commercial Districts use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.18 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. All property to be designated for new development under this classification shall have direct access to major collector streets, as designated by the adopted Comprehensive Plan. the prepeFly,and the lot is qFeateF than twe aGFes in 64e,a Glass A SpeGial Use PeFmit and Site Plan, 11. parGels less than wia anres in size, m6iltiplq i;@R resi&Rtial use-s- shall bA r_nPt;;iPAd veithin;a sipole etheF sheFt teR:n lease, shall not be GonsideFed an additional use. 18 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section ofthe UDO ifthe users'project involves morethan one non-residential principal use or principal structure instead of having two separate Development Standards(#10 and#11)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-27 26 Article 3: Base Zoning Districts Section 3.4:General Commercial Districts w DirvIENSIONAL AND RATIO STANDARDS EXISTING COMMERCIAL Lot Size, min.(square 40,000[1] feet) PURPOSE The purpose of the Existing Commercial-5(EC 5)District is to provide a Front Setback from R 40 district to be used only during the application of zoning to ROW, min. (feet) previously unzoned townships to accommodate existing NR 35 commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as } ,` Activity Nodes by the adopted Comprehensive Plan. APPLICABILITY 'None(2]' This district shall be applied to: R 20 Rear Setback, min. 1. Existing commercial uses in previously unzoned townships. (feet) NR None[2] 2. Previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Comprehensive Plan. , , ,25f yet , a � I ' This designation shall only be applied to property used for f 33' e existing commercial at the time of application of this Ordinance. wk DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. NR .492 [1]R=residential,NR=non-residential. [2]Required side and rear setbacks adjacent to residentially gW[ On Spacer zoned land shall be equal to the required side or rear setback ofp" x , the adjacent residential district. [3]Two feet of additional height shall be allowed for one foot Required increase of the required front and side setbacks. Pedestrian/Landscape NR .178 Ratio,min. DEVELOPMENT EC-5 DISTRICT SPECIFIC . • -D 1. Uses shall be restricted to those indicated for the EC-5 District in Section 5.2, unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.19 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewaters stems shall be 30,000 square feet for parcels between 19 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to 42 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#9 and#10)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-28 Article 3: Base Zoning Districts 27 Section 3.4: General Commercial Districts 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are_subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. the PFGperty, and the lot is gFeateF than two aGre6 in size, a Glass A SpeGial Use PeFmit and Site Plan, Q-th9F R--hQ-Ft t9_FFS!Base, shall Rot be GeRsideFed an additigRal use. 11. An Existing Commercial-5(EC-5)District eliminated or reduced to a non-functional zoning lot as a result of a public-entity condemnation or partial taking may be amended by Board of County Commissioner's legislative action provided the following criterion are met: a. Rezoning Process: i. The amended district acreage shall not be increased in size by more than 10%of the existing parcel(s). The use shall be the same primary use as listed in the Existing Commercial-5(EC-5)inventory when the district was originally created. ii. The new district shall be contiguous to the existing district. iii. Land not rezoned or not included within the new petitioned district shall be petitioned, by the owner(s),to be returned to the zoning classification of the surrounding land. In the event there is more than one adjacent zoning district,the tract shall be returned to the lowest use category of the surrounding adjacent property provided a non-conforming situation is not created on the subject or adjacent parcels. iv. Additional property added to an existing parcel shall be recombined by deed into one zoning lot prior to issuance of zoning or building permits. V. Conformance with the Comprehensive Plan shall not be mandatory when considering a rezoning/relocation of an EC-5 District, but shall be evaluated. vi. If a condemnation results in less than or equal amount of property being taken for public right-of-way than is specified in the Orange County Comprehensive Plan(Transportation Element)for typical right of way dedication,then these criteria shall not be used. b. Building Permit Process I. All watershed impervious surface limitations shall be met. ii. A 20 foot wide landscaped buffer shall be established along the new right-of-way. Design criteria shall meet commercial standards,as required in Section 6.8. iii. Economic Development District standards shall be used,where applicable. See Article 6. iv. Access points shall be limited to two locations with a maximum width of 26 feet each and a maximum radius of 30-degrees. A driveway permit application shall be submitted along with zoning permit request. V. Freestanding monument signs shall be limited to six feet in height and 50 square feet maximum. In the case of gas station uses, only the portion of a sign for fuel pricing may be internally illuminated. vi. All current Environmental Health regulations shall be met. vii. All other applicable development criteria such as parking,lighting,loading/unloading areas, buffers, etc.shall apply. See Article 6. Orange County,North Carolina—Unified Development Ordinance . Page 3-29 f 28 Article 3: Base zoning Districts �. Section 3.4: General Commercial Districts i „r • DIMENSIONAL AND RATIO STANDARDS OFFICE R[1] None INSTITUTIONAL PURPOSE Lot Size,min.(square feet) NR NR-CU 5,000 The purpose of the Office/Institutional(OJI)District is to provide locations for medium and high intensity office,service, Front Setback from R None institutional,and residential land uses in areas where urban ROW,min.(feet) ` NR-CU services are available or are to be made available as part of the NR 25 development process. This district is intended to provide for employment centers near transportation routes. None It CU None[2]� This district will usually be applied where the following conditions R None exist: Rear Setback, min. NR 10 f2 NR-CU None 2 - 1. Site is located in areas designated by the adopted (feet) CU [ ] Comprehensive Plan as Commercial Transition Activity Node or Commercial-industrial Transition20 Activity Nodes. a, " _i e82. Water and sewer mains are existing at the site or are to be t tl . made available during the development process. R-CU .40 Floor Area Ratio, max. NR NR-CU .45 Recuired0 Space. 55 DIMENSIONAL STANDARDS NOTES: Required Livability R-CU .52 [1]R=residential;NR=non-residential, CU=conditional use. Space Ratio, min. [2]Required side and rear setbacks adjacent to residentially *ul- $tion R.° 111 zoned land shall be equal to the required side or rear setback of a Katimr R-CU 11'4. ' the adjacent residential district. j [3]Two feet of additional height shall be allowed for one foot Gross Land Area, R-CU 5,000/ increase of the required front and side setbacks. min./max. none (square feet) NR-CU 200,000/ none Required t' as(rtanitandscape,. NR CU 05 " a or mIn.* 011 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the 0/1 District in Section 5.2, unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.2' 20 Suggestion addition to provide consistency in what the Nodes are called throughout the charts. Orange County,North Carolina—Unified Development Ordinance Page 3-30 Article 3: Base Zoning Districts 29 Section 3.4: General Commercial Districts 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 416- 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in' the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay Distrlok4see Section 4.2),the minimum usable lotarea for lots that utilize ground absorption wastewater system§%hall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. Normally,the maximum amount of land zoned to this district shall not exceed five acres. 10. The site shall be located near major transportation corridors and have access to adequate public roadway network. # 'the let gFeater tha--n 0.ve Ran--res.iR size, a Glass A SpeGial Use Permit and site Plaf:i, �diti6Raf Ose(GU)PistgGt, n-r C-grid-itip-Ral—ZORiAg(GZ) D76tFiGt shall be approved by the Beard of Geur;ty 0 paFGels less than bAre- a;G_FP_G_ill size,multiple non Fes;d8Rtial uses s-hall othAr short ta—lease, shall Ant be nnng4darad;an;;ddit'QA:41 6169. 21 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#11 and#12)in this chart. Orange County,North Carolina–Unified Development Ordinance Page 3-31 30 Article 3: Base Zoning Districts Section 3.4:General Commercial Districts DIMENSIONAL AS RATIO STANDARDS AGRICULTURAL SERVICE Lt Si mi 0,000[1] PURPOSE Lot Width, min. (feet) 200 The purpose of the Agricultural Service(AS)District is to provide Front Setback from 50 sites in the rural portion of the County for rural non-farm,non- ROW, min. (feet) residential uses which support the horticultural,silvicultural,and agricultural uses of the AR districts. Side Setback,min. 20[2] (feet) APPLICABILITY This district will usually be applied where the following conditions Rear Setback, min. 20[2] exist: (feet) 1. Site is within areas designated by the adopted Comprehensive Plan as Agricultural Residential. Height, max. (feet) 45[3] DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. None [1]Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. - Required Open Space [2]Required side and rear setbacks adjacent to residentially Ratio,min. 83 zoned land shall be equal to the required side or rear setback of the adjacent residential district. Required [3]Two feet of additional height shall be allowed for one foot Pedestrian/Landscape .208 increase of the required front and side setbacks. Ratio,min. DEVELOPMENT AS DISTRICT SPECIFIC DA-D 1. Uses shall be restricted to those indicated for the AS District in Section 5.2, unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.22 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum 22 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#9 and#10)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-32 Article 3: Base Zoning Districts 31 Section 3.4:General Commercial Districts usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Normally,the maximum amount of land zoned AS at any location shall not exceed ten acres. ar-PARipsi;EA 'Where more than one ppipGipal 6tFUGt6IF94fFQPQ-9-9d Q--FdRF tQ Garry eLA the pFiRGipal urse o GGR;FRi661GR8F8,. OR PaFG816 less than baq�agrer iR SOZ9, R'1611tiple RGR residential uses shall 139 GGnt-AiRA-d-M.'ithiA a;Ging!-9 Orange County,North Carolina-Unified Development Ordinance Page 3-33 32 - Article 3: Base Zoning Districts Section 3.5: Industrial Districts • DIMENS10NAL AND RATIO STANDARDS LIGHT INDUSTRIAL PURPOSE Lot Size, min., per use 80,000[1] (square feet) The purpose of the Light Industrial-1 (1-1)District is to provide d I (teet) appropriately located and sized sites for limited industrial uses " engaged in manufacturing,processing,creating and assembling Front Setback from NR 50 of goods,merchandise or equipment. Performance standards ROW,min. (feet) NR-CU None will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. Nf ' is d SejbabfF;min e ,: • . , .� NR=?CU None[3] This district will usually be applied where the following conditions NR 50 exist: Rear Setback, min. (feet) 1. Site is located within areas designated in the adopted NR-CU None[3] Comprehensive Plan as either AJedn a Commercial-industrial Transition Activity Node or a lefglitt nax (feet) v 49 Rural Industrial Activity Node. . DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. .200 [1]Lot size for individual uses shall be appropriate to the method ,pouieOpenpac NR: $ ,d ;: of water supply and sewage disposal. RaUo,'rrlin NR_CU 79 _r.. [2]R=residential, NR=non-residential, CU=conditional use. Gross Land Area, [3]Required side and rear setbacks adjacent to residentially NR-CU CU 80,000/ min max. zoned land shall be equal to the required side or rear setback of none the adjacent residential district. (s q uare feet) [4]Two feet of additional height shall be allowed for one foot u]red NR g increase of the required front and side setbacks. Pe,es�an/Lapdscape Ftat�o;min.. NR`=CU �87 DEVELOPMENT 1-1 DISTRICT SPECIFIC STANDARDS 1. Uses shall be restricted to those indicated for the 1-1 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.24 23 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. 24 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to 42 to direct users to Orange County,North Carolina—Unified Development Ordinance Page 3-34 Article 3: Base zoning Districts 33 Section 3.5: Industrial Districts 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection'Overlay.District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcelt-between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the adopted Comprehensive Plan.Access to rail service is desirable but not required. 7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. �!T!� _11_._1--0-ZbRiAg(G-7)DiStFiGt shall be approved by the 99aFd of Gounty 10 11 PlAtriGt,OF GbRditig!121 the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#10 and#11)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-35 34 Article 3: Base Zoning Districts Section 3.5: Industrial Districts DIMENSIONAL . RATIO STANDARDS MEDIUM INDUSTRIAL Lot Size, min.,per use (square feet) 20,000 PURPOSE o The purpose of the Medium Industrial-2(1-2) District is to provide 1 0 locations for enterprises engaged in manufacturing,processing, x creating,repairing,renovating,painting,cleaning,and Front Setback from NR 50 assembling of goods,merchandise or equipment. Performance ROW,min. (feet) NR-CU None standards will be used to insure the absence of adverse impact x beyond the lot boundaries of the use. This district will usually be applied where the following conditions exist: Rear Setback,min. (feet) None[2] 1. Site is located within areas designated by the adopted Comprehensive Plan as an Industrial TraRSWOR a Commercial-Industrial Transition Activity Node.25 2. Water and sewer mains exist at the site or be made available ', } f as part of the development process. ` Floor Area Ratio, max. NR .300 NR-CU .350 DIMENSIONAL STANDARDS NOTES: Required Operi Spice' NR ' 72 [1]R=residential, NR=non-residential, CU=conditional use. Rado;rTin. .' [2]Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of Gross Land Area, 200,000/ the adjacent residential district. min./max. NR-CU 634,144 [3]Two feet of additional height shall be allowed for one foot (square feet) increase of the required front and side setbacks. 12egwred NR'; 18 PedestriialLarscape x Ratio,mi • NR CCU 175, DEVELOPMENT 1-2 DISTRICT SPECIFIC D• -. 1. Uses shall be restricted to those indicated for the 1-2 District in Section 5.2, unless a Conditional Use(C U)or MPD-CZ District is approved(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.26 25 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. 26 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to Orange County,North Carolina—Unified Development Ordinance Page 3-36 Article 3: Base Zoning Districts 35 Section 3.5: Industrial Districts 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally,Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the adopted Comprehensive Plan.Access to rail service is desirable but not required. 7. Proposed subdivisions are subject to all applicable subdivision'standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 8. Subdivisions proposing private roads are subject to larder setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 40. No mere thap oRe pFiRGipal stFwGt6iFe is peFmi#eG[by dghtGR aRY ROR FGGideRtia!;KGRiR9 lot greaterthaR Own 1.4149FR_IMAXP_than GR9 PF;RG;pal struGtwe is prepared ii;eFdeF tG GaFFy Gut the p Gipaluseef the let is gFeatSFthaRM9 aGFeS iR 649,a Glass A SPGGial Use 12--itand Site Plan, (GW) PistFiGt, 9F GeRditigRal ZORiAg(GZ) P!6tFiGtGhal 1 139 appFGVBd by th9 Board of Geunpl, 41. GR PaFG916 le66 thAR Wfg AG-F-96 iR size,FRUIVID19 RGR F9648114al 11699 ShRil hA GORtAiR991 i A,dthiM a SiRgi9 ;:��ditigRal Use(CU) DiGtFiGt OF GGpd-itio-PA-1 ze-Ring(Q)D*6tF*rt is approved. PFiRGipal GtFUGWF��1_111---- -_11 Fei:the P61FP069S of this FequiFemeRt,aR uRStaffed t8IeGGMM1_1R1G;3t!Q_A U-4,00er 61:413jeGt te a y9aF to yeaF 9 GtheF ShOl't teFM lease,shall RQt 139 GORsideFed aR additigRal 66e. the appropriate Section ofthe UDO ifthe users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#10 and#11)in this chart. Orange County,North Carolina-Unifled Development Ordinance Page 3-37 1 36 Article 3: Base Zoning Districts Section 3.5: Industrial Districts DmENSIONAL AND RATIO STANDARDS HEAVY INDUSTRIAL Lofi Size,min.,per use 20,000 (square feet) PURPOSE {" 1 The purpose of the Heavy Industrial-3(1-3)District is to provide locations for enterprises engaged in a broad range of manufacturing,processing,creating,repairing,renovating, Front Setback from NR 50 painting,cleaning,or assembling of goods,merchandise or ROW,min.(feet) equipment. Performance standards will be used to insure the NR-CU None absences of adverse impacts beyond the zoning district tl bounda rr This district will usually be applied where the following conditions exist: Rear Setback,min. None[2] 1. Site is located within areas designated by the adopted {feet} Comprehensive Plan as a Commercial-Industrial Transition Activity Node.27 2. Water and sewer mains exist at the site or be made available 9M 4� as part of the development process, Floor Area Ratio,max. NR .400 NR-CU 450 DIMENSIONAL STANDARDS NOTES: 4?eq ured O ace N ti7 [1]R=residential, NR=non-residential,CU=conditional use. l prr °Sp . [2]Required side and rear setbacks adjacent to residentially Ratio,min. .: zoned land shall be equal to the required side or rear setback of Cross Land Area, 623,144/ the adjacent residential district. min./max. NR-CU none [3]Two feet of additional height shall be allowed for one foot (square feet) increase of the required front and side setbacks. Re uired NR 169 µPe estrianlLandscape fado,` ln NR Ct! 183 DEVELOPMENT 1-3 DISTRICT SPECIFIC M • 'D 1. Uses shall be restricted to those indicated for the 1-3 District in Section 5.2, unless a Conditional Use(CU}or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning,lot.28 27 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. 28 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to Orange County,North Carolina—Unified Development Ordinance Page 3-38 Article 3: Base Zoning Districts 37 Section 3.5: Industrial Districts 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Access shall consist of direct vehicular access to streets designated either arterial or collector by the adopted Comprehensive Plan.Access to rail service is desirable but not required. 7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. the PFGP9#y, and t118!Gt is gFeater thaR twe aGFes in 649, a Glass A SpeGial 96e PeFR;it and Site PlaR, the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#10 and#11)"in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-39 38 Article 3: Base Zoning Districts Section 3.5: Industrial Districts DIMENSIONAL El • RATIO STANDARDS EXISTING INDUSTRIAL PURPOSE Lot Size, min., per use (square feet) 80,000 Lot Width,min. (feet) 200 �• The purpose of the Existing Industrial(EI)district is to provide a district to be used only during the application of zoning,to previously unzoned townships to accommodate existing industrial Front Setback from 50 uses not located in areas designated as Industrial Transition ROW, min.(feet) Activity Node or Rural Industrial Activity Node by the adopted Comprehensive Plan. Side Setback,min. APPLICABILITY (feet) 50[1] This district shall only be applied to accommodate existing(at the time of the application of the Zoning Ordinance to previously Rear Setback, min. unzoned Townships)industrial uses located in areas not (feet) 50[1] designated Commercial- t! Industrial Transition Activity Node,or Rural Industrial Activity Node in the adopted Comprehensive Plan.29 It is further intended that this district shall not be applied to any Height,max.(feet) 45[2] use that has adverse DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. .200 [1]Required side and rear setbacks adjacent to residentially Required Open Space zoned land shall be equal to the required side or rear setback of Ratio, min. .80 the adjacent residential district. [2]Two feet of additional height shall be allowed for one foot Required increase of the required front and side setbacks. Pedestrian/Landscape .20 Ratio,min. DEVELOPMENT E-I DISTRICT SPECIFIC D• -D 1. Uses shall be restricted to those indicated for the El District in Section 5.2,unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.30 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the 29 The Commercial-Industrial.Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping"amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. 30 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#9 and#10)in this chart. Orange County,North Carolina v Unified Development Ordinance Page 3-10 Article 3: Base Zoning Districts 39 Section 3.5:Industrial Districts property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. Pie R;GFe thaR Gne p4AGipal stRirAwFe is peFmi#9d by Fight 91;aAY RGA Fesidential aGRisq lot gFeater-thaR Wte 8GFGG iR size. WhGF9 FAQF9 thaR GR8 PFiRGipal 6#61GUIFe is PFGPGSed iR GFGleF tG GaFry Gut the pF!RG!pal Use Gf- the pFoperty,and the lot is 9F8A_tQ__PthaA NVO ArFes iR size, a Glass A SpeGial Use Permit apd- Site PlaA, GGRditiGRal 146e(GU)DiSt94,Or GgAditigRal 99R�Aq(GZ)DiStFiGt shall be appFGved 1;y the 139aFd ef GGunpl, GGFAFni66iGR9F&. i Q. Gn par-Gels less thaR NQ_ _29-FA-9-_iR 63479,Multiple ReA FesideRtiall 6s9s r0h@;'l be GG-At-Rined VAthiR a siRgle PFIRGipal 6#UGtUF9 uRless a GenditiGnal 969(GU)Distr4Gt eF C_eRdWGRR1_;ZQAiR9(GZ)JDistr4Gt ir,aPpF49Ved. POF the P61FP9688 Gf this F8GJWiF9A;8Rt,an uRstaged teleGomm6imir_,a_fio__P F GUbjeGt te a yeaF to yeap 9 etheF 61;GF%teffn lease,shall set be GGnsideFed-a..addit"vial Orange County,North Carolina—Unified Development Ordinance Page 3AI 40 Article 3: Base Zoning Districts Section 3.6: Other Districts SECTION 3.6: OTHER DISTRICTS DIMENSIONAL AND RATIO STANDARDS PID PUBLIC INTEREST DISTRICT Lot Size,min.,per use 500 000 (square feet) PURPOSE Lot Width,min. t No requirement The purpose of Public Interest District(PID)is to preserve and protect certain public land and private educational lands,deemed environmentally sensitive and of major scientific research Front Setback from No requirement significance from the impacts of development In addition,these ROW,min.(feet) lands will be managed in ways that will prevent any Intentionally generated adverse impacts from affecting surrounding property. Side Setback,min. No requirement[1] APPLICABILITY (feet) This district will be applied to the following: Rear Setback, min. No requirement[1] 1. All Duke Forest lands,the Eno River State Park,all University (feet) of North Carolina lands,and all other public or private educational lands deemed to be environmentally sensitive and of major scientific or research significance. Height,max. (feet) 25[2] DIMENSIONAL STANDARDS NOTES: Floor Area Ratio,max. .0125 [1]Required side and rear setbacks adjacent to residentially Required Open Space zoned land shall be equal to the required side or rear setback of Ratio, min. No requirement the adjacent residential district. [2]Two feet of additional height shall be allowed for one foot Required increase of the required front and side setbacks. Pedestrian/Landscape No requirement Ratio, min. PID DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the PI D District in Section 6.2, unless a Conditional Use(CU) or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.31 3. Residential uses are not permitted in this district. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum Usable lot area of at least 40,000 square feet. sr 19 meFe than GR9 I)FiRGipal stNGture is peFmi#ed by Fight 9R aRy RGR Fesidential zGRiR9!Gt gFeateF than tA,9 SGF98 OA SiZe. I.AlhA-Fe-PAQ-re thaR GRe pFiAGipal 8tFUGtUF9 16 PFGPGred IF;9FGleF tO GaFFY GUt the p0l;Gipal use Gf the PFGP9FtY, and th9 19t iS 9F61alW thaR NW aGF96 if;size, a Glass A SP9GIal U Permit and 949-1241f;, Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion ofthis amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#2 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#6 and#7)in this chart Orange County,North Carolina—Unified Development Ordinance Page 3-42 Article 3: Bass Zoning Districts 41 Section 3.7:Economic Development Districts CoAdifinw;1 I Ise ar Conditional (GW) DiGtFiGt- -- -------------ZGRinq(GZ) PiStFiGt shall be appFeved by the 9GaFd Gf GGURty GommissleReFs- GR parGels less than twe aGF96 iR 64e,MUltiP19 AGR FeSidepl4a!uses shall be GgRt�iA9d ksAthin a GiR919 pFiRGipal GtFUGtUFe upless a GGPditioi;al Use(GW)DiGtFiCt 9F CGRditioRal Zoning(G-2)Di6tFiGt is appFGved. PeF the puFpe6es efthis Feguirement,aR unsta GIteleGOMMURiGa-tign WUPF F;ybj9Gt to a yeaF to yeaF G) nthi;r Ahopt tpr lease,shall not be GeRsider,94a.. -se-. ------FA dW* SECTION 3.7: ECONOMIC DEVELOPMENT DISTRICTS 3.7.1 Purpose The purpose of Economic Development Districts is to provide locations for a wide range of light industrial,distribution,flex space,office,service, retail, and residential uses. In choosing the location of such districts,the following major factors were considered: . (A) Adjacent and with access to an interstate highway by a major arterial or collector; (B) Adjacent to rail facilities for the movement of goods and potential transit service; (C) Public water and sewer service is available or capable of being extended; and (D) Large, buildable tracts are available for development or division into a range of building site sizes. 3.7.2 Establishment of Geographic Areas and Intent of Each District Three Economic Development Districts have been established in Orange County: (A) Buckhorn Economic Development District Located near the western boundary of the county where Buckhorn Road crosses Interstates 85 and 40. The intent of the Buckhorn District is to create an iRdwstr4al p setting a district allowing a wide range of non-residential uses with limited higher density residential useS.32 (B) Eno Economic Development District Located at the eastern boundary of the county where U.S. Highway 70 and Interstate 85 intersect. The intent of the Eno District is to create a district allowing a wide range of non-residential uses with limited higher density residential uses.33 (C) Hillsborough Economic Development District Located south of the Town of Hillsborough where Old N.C. Highway 86(Churton Street Extension)crosses Interstate 40. The intent of the Hillsborough district is to create a business park setting while controlling strip commercial development. 32 The Table of Permitted Uses for the Economic Development Districts(Section 5.2.2)potentially allows a wide range of non-residential uses in the Buckhorn EDD,very similar to the Eno EDD. Staff is suggesting that given the similar types of uses allowed(many of which are not"industrial",that the intent of the Buckhorn District match the intent of the Eno District. Additionally,the"Purpose"section of the EDB-1 and EDB-2 zoning district charts does not limit the Buckhorn District to an"industrial park"setting. See next footnote as well. 33 Staff is suggesting this addition because the Table of Permitted Uses allows residential uses and the adopted small area plans that include the Buckhorn and Eno EDDs allow for limited higher density residential uses in these areas. Eventually,the Table of Permitted Uses needs to be updated to reflect density requirements and a standard will need to be added limiting the amount of higher density residential uses in these EDDs. These necessary revisions are scheduled to be analyzed in 2012. Orange County,North Carolina—Unified Development Ordinance Page 3-43 42 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts � f i•-i Lot size, min.,per use No requirement[1] (square flee#) �m {ee or qu(rendjr f Buildings/ 25 Structures Front Setback from Vehicle Use ROW,min. (feet) Areas, Storage 10 Areas,Si ns The purpose of the Economic Development Buckhom lower °B'uildirtr s! 25 Intensity(EDB-1)District is to provide locations for a range of lower Structures intensity non-residential uses in the designated Buckhom Economic „taekr,mix to r e c 13 Development District. e G .ma.,.- <a,..,.t •AI'@88;� �Its Buildings! 25[2) Structures Rear Setback,min. Vehicle Use APPLICABILITY (feet) Areas, 10[2] Storage Areas,Signs This district will usually be applied where the following conditions 11016i(eway Setbactfrdpt exist ° r es.,min 14e 1. Site is located within the designated Buckhom Economic fe t r Development District. Setbacks between 2. Urban services,such as water and sewer mains,are highly Buildings,min.(feet) 20 desirable,but not required if acceptable alternatives are available. Any proposed use having reasonable access to water or sewer systems shall be required to connect to the systems regardless of tnax {fes ,; 4a 603 the availability of acceptable alternatives. , 36Fioor Area Ratio, R NR[4] .60 DIMENSIONAL STANDARDS NOTES: max. NR-CU .70 [1]Evaluated as part of the Site Plan review process. Required Open Space [2]Required side and rear setbacks adjacent to residentially zoned Ratio; min.. : land shall be equal to the required side or rear setback of the adjacent residential district. Required Livability R-CU .45 [3]Two feet of additional height shall be allowed for one foot Space Ratio,min. increase of the required front and side setbacks. se Gross Land Area, [4]R=residential,NR=non-residential,CU=conditional use. min.tmax. none 34 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the Hillsborough EDD districts. 35 This is a necessary addition if the ratios are added as shown. 36 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance Page 344 Y. Article 3: Base Zoning Districts 43 Section 3.7:Economic Development Districts Required NR Pedestrian/Landscape NR-CU Ratio,min. EDB-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the ED -1 District in Section 5.2,unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required fol;Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites are also allowed. 6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.37 7. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. Ia. No MoFe than 9R9 pr4RGipal OR4rAwFe is permitted by r4ght on aAy nen fesideRtial zoning lot gFeateF than two ar4es in A-4ce. I.Nhere meFe than GAe p0l;Gipal StFUGtUFe is pFGposed iR eFdef to GaFFy out the pORGopal use of the PFOP apai thA Int Is gi!eateF than twe a Glass A 9--__.ia_I U69 PKMit and-Site PlaR,Gend-itioRal Use(GW) DistgGt,OF GenditleAsil ZeRing(GZ=)DistriGt shall be app—e-lb, the Board of Gounty Gommissip-pers- i i. QA PaFG916 less than two aGres in size,multiple seR resid-e-ptial luses ahpa-be nontained wit;l*a SIR&ffiRGipal stFwGtwFe wRIes6 a Gonditenal Use(CU)DistFiGt OF GGnGlitiGnal Z9RiR9(GZ) DiStF!Gt is @PPFGY8GI. POF the pi4FPG69r, of this FeguiFemeRt,GIA UR6taff9d t9IeG9R;FR6RiGa:tiGR t9weF sul�JeGt to a yeaF tG yeaF GF GtheF 61;eFt teFFA lease,shall J;et be 37 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#6 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#10 and#11)in this chart. Orange County,North Carolina-Unified Development Ordinance Page 3-45 44 Article 3: Base Zoning Districts �. Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS ECONOMIC Lat size,min.,per use No requirement[1] {square feet} DEVELOPMENT Oe r , to ro guile�e °`. Buildings! PURPOSE Structures 25 Front Setback from Vehicle Use ROW, min.(feet) Areas, 10 Storage Areas Si ns The purpose of the Economic Development Buckhom Higher Intensity(EDB-2)District is to provide locations for a range of light 't ` :, rest ' } '- m industrial,distribution,retail,office,and services uses in the S rise r -¥ designated Buckhom Economic Development District t ns Buildings! Structures 25[2] Rear Setback,min. Vehicle Use (feet) Areas, 10[ ] APPLICABILITY Storage Areas Signs This district will usually be applied where the following conditions of exist 1. Site is located witiin the designated Buckhorn Economic Setbacks between Development District. Buildings, min.(feet) 20 2. Urban services,such as water and sewer mains,are highly desirable,but not required if acceptable alternatives are available. s Any proposed use having reasonable access to water or sewer Height;itiax{feet} . 4a 61) ; systems shall be required to connect to the systems regardless of the availability of acceptable alternatives. 40Floor Area Ratio, R-N[4] ,65 DIMENSIONAL STANDARDS NOTES: max. [1]Evaluated as part of the Site Plan review process. NR-CU .75 [2]Required side and rear setbacks adjacent to residentially zoned Required Open Space . 40 land shall be equal to the required side or rear setback of the Ratio,min. adjacent residential district. [3]Two feet of additional height shall be allowed for one foot Required Livability R-CU 45 increase of the required front and side setbacks. Space Ratio,min. [4]R=residential, NR=non-residential,CU=conditional use.39 Gross Land Area, inin:lmaX none 36 Staff is suggesting the height limit be increased. 64 feet is already the allowable height limit in some of the Hillsborough EDD districts. 39 This is a necessary addition if the ratios are added as shown. 40 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance Page 3-46 O' Article 3: Base Zoning Districts_ 45 Section 37: Economic Development Districts t t. Required Pedestrian/Landscape NR CU .05 Ratio,min. D--2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDB-2 District in Section 5.2,unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Stormwater control for multiple sites may be provided in a combined fashion. Detention basins for individual sites are also allowed. 6. Development within the zon `diisstrict shall be subject to all applicable use standards detailed in Article 5 and ail applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.41 7. Residential uses in this district are restricted to temporary mobile homes for custodial care and require a Class B Special Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e.,the number of individual dwellings that can be developed on a parcel of property). 8. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. and the lGt is 9FGat8F thaR WM aGFes in size,a Class A SpeGial Use PeFmit and Site PlaR,GGAditigRal 146e(GIJ) of this Fequii:emeRt, an UF;6taffed t@1eG9Fnmui;iGafieR tewei:subjeGt to a yeaF te yeaF GF ether-shGFt teFFA lease,shall 41 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#6 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#10 and#11)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-47 46 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts s s s•-• Lot size, min.;per r • r use(square feet) Na requirement[1] . Buildings/ 25 Front Setback from Structures ROW,min.(feet) Vehicle Use Areas, Storage 10 Areas Signs The purpose of the Economic Development Eno Lower Intensity } x, EDE-1 District is to provide locations for a range of lower intensity non-residential uses in the designated Eno Economic Development District. f t Buildings) 25[2] Rear Setback, min. Structures _ (€eel) Vehicle Use APPLICABILITY Areas, Storage 10[2] Areas Si ns This district will usually be applied where the following conditions D" exist: 1. Site is located within the designated Eno Economic Development Setbacks between District. Buildings,min. 20 feet 2. Urban services,such as water and sewer mains,are highly . desirable,but not required if acceptable alternatives are available. ," X4; 4 - Any proposed use having reasonable access to water or sewer g H to fit systems shall be required to conned to the systems regardless of � � the availability of acceptable alternatives. 'Floor Area Ratio R-NR[4] 60 max. NR-CU .70 DIMENSIONAL STANDARDS NOTES: � [�t ( ,.35 tt + [1]Evaluated as part of the Site Plan review process. 45 [2)Required side and rear setbacks adjacent to residentially zoned Spice Ratio;min'} land shall be equal to the required side or rear setback of the Required Livability R-CU 4 adjacent residential district. Space Ratio,min. [3]Two feet of additional height shall be allowed for one foot Gross Land Area, increase of the required front and side setbacks. 1. 'J TI" � 4a rr none [4]R=residential, NR=non-residential,CU=conditional use. (square f=eet Required Pedestrian/Landsc NR-CU 05 ape Ratio min. 42 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the Hillsborough EDD districts. 43 This is a necessary addition if the ratios are added as shown. 44 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance Page 3-48 ! Article 3: Base Zonir 47 Section 3.7:Economic Developm%rDist(icts EDE-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to thMe indicated for the EDE-1 District in ection 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Sectiorr2.5. ' * 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.45 6. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 7. SubdiVisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. and the 10 is gFeateF than bAQ aGF98 iR size,a Glass A Spe-G-ial I Ire Permit and Site Plan,Ganditiopal I Ise(GIJ) ig. 01;PaFGe!S less thaR two aGres in size,multiple Ron FesideRtial Uses shall be GQR4RAd,A#hiP a GiRole PFiRGipal not bA conridpred an additional use, 45 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#5 to direct users to the appropriate Section of the UDO,if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#9 and#10)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-49 48 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts i • i •� Lot size,min.,per use No requirement[1] (square feet) quirer�n' [1] E k , A 77 a +r+ra Buildings/ 25 Structures Front Setback from Vehicle Use ROW,min.(feet) Areas, Storage 10 Areas Signs The purp6se of the Economic Development Eno Higher Intensity (EDE-2)District Is to provide locations for a range of light Indusu iai, distribution,retail,office,and services uses in the designated Eno d � se, Economic Development District. t�set x2I "' Ana Buildings/ 25[2] Structures Rear Setback,min. Vehicle Use {feet} Areas, 10[2] Storage Areas Signs This district will usually be app}ied where the following conditions D` exist ._ a• " )0 Bet 1. Site is located within the designated Eno Economic Development Setbacks between District. Buildings, min.(feet) 20 2. Urban services,such as water and sewer mains,are highly desirable,but not required if acceptable alternatives are available. Any proposed use having reasonable access to water or sewer HeI9 systems shall be required to connect to the systems regardless of the availability of acceptable alternatives. °$Floor Area Ratio, R NR[4] s5 DIMENSIONAL STANDARDS NOTES: max [1]Evaluated as part of the Site Plan review process. NR-CU 75 [2]Required side and rear setbacks adjacent to residentially zoned Reported Opel SraCe land shall be equal to the required side or rear setback of the Ftatles, adjacent residential district. Required Livability [3]Two feet of additional height shall be allowed for one foot Space Ratio,min. R--CU 45 increase of the required front and side setbacks. [4]R=residential,NR=non-residential,CU=conditional use.47 Gross.Land,Area, min: rthax _? none s uare feed 46 Staff is suggesting the height limit be increased. 60 feet is already the allowable height limit in some of the Hillsborough EDD districts. 47 This is a necessary addition if the ratios are added as shown. 46 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance Page 3-50 Article 3: Base Zoning Districts 49 Section 37: Economic Development Districts Required NR Pedestrian/Landscape NR-CU Ratio,min. EDE-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1 Uses kall be restricted to those indicated for the EDE-2 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions.Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 70%if detention ponds are provided. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. , 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.49 6. Residential uses in this district are restricted to temporary mobile homes for custodial care and require a Class B Special Use Permit. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e.,the number of individual dwellings that can be developed on a parcel of property), 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development,Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. NG FFIGF9thaR GR9 PFIRGipal stFuGt6iFe is peFmi#9d by Fight 9R GIRY RGR _;ZG_.AiR9 10gizeateFtheR MQ aGr4as in size. %AA;eFe more thaR oi;e p0pGipal stFuGture ir.pi:oposed in or4eF tQ GaRy 96t th9 POAGipal use Gf the pFop and the lot is qFeatei:than twe anFes in size,a Glass A Speakil 11964 PAPM4 and Site PlaR,GORditigRal U69(GW) PiStFiGt,OF GO (G-2) PistFiGt shall be appFeved by th9 99aFd Gf GGWRty GOMMiS ig. On parr3els IgAr thAR t� aGF96 iA 648,FAUI#PI8 nQR F99WARUP1 1 IRA&RhAII b9k AARWAAd YAthjA a sipgle pr!RGipal I I -A19 9_tr1_1Gt1_1r-9 I 11411ess a GenditiGnal Use(GU)IDist0gl;or Ge;:Witiopal Z9i;iR9(G7=)PistFiGt is appr9ved. Pei:the puFp of this Fequifement,aR uAstaffed UIDJ9Gt te a year te yeaF eF athei:short term lease, shall Ant hA rQRsiclwed an additien I us A_ 49 ChanRes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion ofthis amendment package). Since the proposed changes involve an additional exception,staffis suggesting that language be added to#5 to direct users to the appropriate Section ofthe UDO ifthe users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#9 and#10)in this chart. Orange County,North Carolina—Unified Development Ordinance Page 3-51 50 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts. . . 720,000 Lot size,min.,(square ! ! ! feet) 100, The purpose of the Economic Development Hillsborough Linear Office(EDH-1)District is to provide locations for low to moderately intense medical,professional,administrative and government office on small to mid-sized sites in the designated Hillsborough Economic Development District. The district is intended to be located on the periphery of established Front Setback from residential areas and along major and minor thoroughfares.The 50 district is established to provide convenient locations for offices,the ROW,min.{feet} size and operating characteristics of which require limited paridng and which generate little traffic. Standards are designed so that this district may serve as a transitional land use between residential districts and higher, more intense land uses. APPLICABILITY This district will usual�be applied where the following conditions + S �S�a 1i,�ineet �, �15(1] exist ` Corner Setback,min. 40[1][2] 1. This district will be applied in the Hillsborough Economic (feet) Development District. 2. This district shall only be applied where water and sewer are Rehr Setback,min.(feet) 5011 available at the site or are to be made available to the site as part of the development approval process. Height,max.(feet) 30[3] DIMENSIONAL STANDARDS NOTES: R-CU[4] [1]Required side and rear setbacks adjacent to residentially zoned 511=*r Areal'Ratio,max. Nf land shall be equal to the required side or rear setback of the NR-CU'- 5,0 adjacent residential district. Required Open Space [2]Any comer lot having an abutting interior lot on its side street Ratio, min. .55 shall observe a front yard setback from both streets provided, however,that this requirement does not reduce the width suitable for Reqquired Livability Space .: R-CU .55 a building on said lot to less than 25 feet. (See graphic in Section Rani§;,min. 6.2.7). Gross Land Area, [3]Two feet of additional height shall be allowed for one foot min./max. none increase of the required front and side setbacks. (square feet 51 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—unified Development Ordinance Page 3-52 r Article 3: Base zoning Districts 51 Section 3.7: Economic Development Districts [4]R=residential, NR=non-residential, CU=conditional use."f2e iced EDH-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.52 6. Residential uses are not permitted in this district. 7. No drive through facilities may be constructed in this district. 8. A justification for any deviation to development standards must state a public benefit or purpose. 9. Structures in this district shall not exceed 5,000 square feet in gross floor area. 10. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m.,a Class A Special Use Permit shall be required. 11. When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District,the perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with Section 6.8.12 shall be installed. 12. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 13. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 14. Proposed subdivisions shall follow the procedures outlined in Section 2.16. and the lot ir,qFeateitthan tW9 aGFer.in 6ize,a Glass A S199Gial Use PL9PA;it@;Ad_ Site Plall, Q9Rd -I'-I-- (Cl-l" On paFGe'S less than two aGFes in size,multiple non Fesidential wrAr,shall he nentained within a GiRgle PFinGipal 9f this F996iF9ment, aR usetaffed teIeGGMFnUAiGati9R tosAei:rsubjeGt tG a yeaF te year aF ether rhGFI teFR; lease, shall 17. See Section 5.3.2 for standards for uses requiring a Class A Special Use Perm it.53 C 50 This is a necessary addition if the ratios are added as shown. 52 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#5 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#15 and#16)in this chart. 3 Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the specific standards for Class A SUPS within the Hillsborough EDD. Orange County,North Carolina—Unified Development Ordinance Page 3-53 52 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts Lot size, min./max., 215 (acres) • • • t t e 200 .;. The purpose of the Economic Development Hillsborough Limited Office(EDH-2)District is to provide locations for low intensity office Front Setback,from 50 uses and supporting services in the designated Hillsborough ROW,min. (feet) Economic Development District. The district may contain limited commercial uses within employment centers or where vehicular access is provided internally to the development. APPLICABILITY Side Setback,min ' 2011f, This district will usually be applied where the following conditions exist: Corner Setback, min. (feet) 50[1][2] 1. This district will be applied in the Hillsborough Economic Development District , , 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. Height, max. (feet) 60[3] DIMENSIONAL STANDARDS NOTES: t ; [1]Required side and rear setbacks adjacent to residentially zoned • ;<A. .., : .. �c4��' " land shall be equal to the required side or rear setback of the Required Open Space Ratio, adjacent residential district. min. .55 [2]Any comer lot having an abutting interior lot on its side street shall observe a front yard setback frorp both streets provided, R" ui ltdd Livability. -OlJ however,that this requirement does not reduce the width suitable for 5�ace`Itio,fim. a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max. none [3]Two feet of additional height shall be allowed for one foot s uare feet increase of the required front and side setbacks. Re yired [4]R=residential, NR=non-residential, CU=conditional use.sa NR Pe frlaNLar ds ape; NR CU .Q5 Ratio rfirr: EDH-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-2 District in Section 5.2, unless a Conditional Use CU or 54 This is a necessary addition if the ratios are added as shown. 55 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance Page 3-54 Article 3: Base Zoning Districts 53 Secton 3.7: Economic Development Districts MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%, Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Arricle 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lora 6. Residential uses are not permitted in this district. 7. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved through a Special Use Permit,Class A process regardless of use. 8. All zoning lots greater than 2.0 acres shall only be approved through a Special Use Permit,Class A process regardless of use. 9. Any nonresidential use within two hundred feet of a residential subdivision shall require a Special Use Permit,Class A. 10. Direct driveway access to an arterial or major collector shall be prohibited. A frontage or service road shall be dedicated and constructed to provide access along all arterials or major collectors. 11. No drive through facilities may be constructed in this district. 12. A justification for any deviation to development standards must state a public benefit or purpose. 13. All parcels shall proVide for Interconnectivity between parking areas if determined necessary by Planning staff. 14. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 15. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 46. No FneFe than ORO pFIRGipal stFuGture is pei;mitted by Fight on aRY RGR Fesidential zenisq let gFeateF than bAte ar-res i F;i7A WhArm GF9 thaR one pomi;ipal StFuGtwre is PFGPQ69d iA QFG16F tG GaFFY GlAt the pFiAGipal use Of th9 PFGP9#y-, . .. I I- FA and the lot is 9Feat9F thaR ONG- Glass A SpeGial Use Permit and Site PlaR, GGRG144GRal Use(GW) PiGtFir.t,OF GQAditigAal-ZGAIA9(GZ�QistgrA shall be appi;oved by the E3GaFd Of GGWAty GGMR;is i i 7. GA paFGels less than two aefes in si-me,multiple RoR Fesidential uses shall be g-o-ntaiped YAthin a 6iR919 PFiRGipa stFuGtwe uRlesrs a Genditignal Use(GU)Qistgr#or GeRd4ienal Zenii:ig(GZ) PistFiGt is appFgVed. FGF the PUFP9696 ef thir,FeqUIWAent, an WR15taffed teleGQMFA14RiG_afiQ_.R te�w;:6ul�eet te a yeaF to yeaF Gr ethei:shoFt teFm lease,shall RQt 139 GeRside-red an additional use. 57 18. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 515 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion ofthis amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#5 to direct users to the appropriate Section ofthe UDO ifthe users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#16 and#17)in this chart. Staffis suggesting this additional language be added to direct users to the section ofthe UDO that contains the specific standards for Class A SUPs within the Hillsborough EDD. Orange County,North Carolina-Unified Development Ordinance Page 3-55 54 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts • ! ! Lot size, min./max., 215[1] (acres) o n�M' eti The purpose of the Economic Development Hillsborough Limited Front Setback,from Office with Residential(EDH-3)District is to provide locations for low ROW,min. (feet) 50 intensity office uses and supporting services in the designated Hillsborough Economic Development District. The district may contain low to moderate density residential uses(1-8 units per acre). • . 31d(irSetb66li min.(feet) 20 This district will usually be applied where the following conditions exist: Corner Setback,min. 50[2][3] 1. This district will be applied in the Hillsborough Economic (feet) Development District. 2. This district shall only be applied where water and sewer are Re $etbaia±,minim Geer t) 40121,",-, available at the site or are to be made available to the site as part of . =. a .�° the development approval process. EXCEPTION:Single-family lots located south of 140 may use ground absorption septic systems on R[4] 35[5][6] minimum size lots of 40,000 square feet provided at least 330/ of the Height,max.(feet) tract is preserved as open space. NR 60[5] f CU[4]; DIMENSIONAL STANDARDS NOTES: 5eIR [1]Resultant single-family lot sizes shall be a minimum of 7,500 F[oorAref tgtjo;rri, square feet and a maximum of 14,000 square feet if connected to CU public sewer. Required Open Space [2]Required side and rear setbacks adjacent to residentially zoned Ratio, min. .50 land shall be equal to the required side or rear setback of the adjacent residential district. Required Lwability Space [3]Any corner lot having an abutting interior lot on its side street Ratio,mina . R-CU shall observe a front yard setback from both streets provided, however,that this requirement does not reduce the width suitable for Gross Land Area, a building on said lot to less than 25 feet. (See graphic in Section min.1max. none 6.2.7). (square feet) [4]R=Residential uses; NR=Non-residential uses. [5]Two feet of additional height shall be allowed for one foot R uired increase of the required front and side setbacks. PedeStnaNLandscaipe{ V CU Sa [6]Multi-family structures shall be limited to a two-story maximum. Ratio;mint.. 58 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance Page 3-56 Article 3: Bass Zoning Districts 55 - Section 3.7: Economic Development Districts EDH-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-3 District in Section 5,4unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Oveday District in which the prope�y is located. Refer to Section 4.2.3 for land use restrictiQns. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. Parcels existing as of April 17,2001 containing cumulatively more than 2 acres shall only be developed through a MPD-CZ process or after obtaining a Special Use Permit,Class A approval. 4. The impervious surface limit in this district is 60%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.59 7. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in.which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e.,the number of individual dwellings that can be developed on a parcel of property). 8. Single family uses shall adhere to the requirements for Flexible Development Subdivisions in Section 7.13. 9. Duplex and multi-family uses shall be connected to a public water and public sewer system. 10. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved through a Special Use Permit,Class A process regardless of use. 11. All zoning lots greater than 2.0 acres shall only be approved through a Special Use Permit,Class A process regardless of use. 12. No drive through facilities may be constructed in this district. 13. A justification for any deviation to development standards must state a public benefit or purpose. 14. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 15. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 16. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 110t be GGRGidAPAd AA RdditiGllal U89. 19. See Section 5_iA6'fdi-s-landards for uses requiring a Class A Special Use Permit.r'o 59 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion ofthis amendment package). Since the proposed changes involve an additional exception,staffis suggesting that language be added to#6 to direct users to the appropriate Section ofthe UDO ifthe users'project involves more than one non-residential principal use or gruicipal structure instead of having two separate Development Standards(#17 and#18)in this chart. Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the specific standards for Class A SUPs vdthin the Hillsborough EDD. Orange County,North Carolina—Unified Development Ordinance Page 3-57 56 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts Lot size, min., (acres) 4 of VVl ,tn., (fit x� ' w• The purpose of the Economic Development Hillsborough Office (EDH-4)District is to provide locations for high intensity office uses Front Setback,from and supporting services in the designated Hillsborough Economic ROW min (feet) 50 Development District. The district is intended to be located on large areas and may contain limited commercial uses within employment centers. APPLICABILITY 20[1] s . Side Setback,min (fet) This district will usually be applied where the following conditions Corner Setback, min. 50[1][2] exist:. (feet) 1. This.district will be applied in the Hillsborough Economic [ � € Development District. �a� � 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of Height, max. (feet) 60 3 the development approval process. g ( } [ ) l 4]E ate� c i DIMENSIONAL STANDARDS NOTES: [1]Required side and rear setbacks adjacent to residentially zoned Required Open Space land shall be equal to the required side or rear setback of the Ratio,min. .40 adjacent residential district. [2]Any comer lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, Requited Liv #ilitypce` _ however,that this requirement does not reduce the width suitable for Rat* 10" a building on said lot to less than 25 feet. (See graphic in Section 6'2'7). Gross Land Area, [3]Two feet of additional height shall be allowed for one foot min./max. none increase of the required front and side setbacks. [4]R=residential, NR=non-residential, CU=conditional use.61 (square feet) Required Pec]esa 'nl artldape NR: Ratio; 61 This is a necessary addition if the ratios are added as shown. 62 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance Page 3-58 Article 3: Base Zoning Districts 57 Section 3.7: Economic Development Districts EDH-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-4 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located.,Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.63 6. Residential uses are not permitted in this district. 7. All outparcels within this district shall have internal access to the.development 8. No drive through facilities may be constructed in this district. 9. A justification for any deviation to development standards must state a public benefit or purpose. 10. Ail parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimen$bnal and Ratio Standards. Refer to Section 7.8.4 for additional requirements, Refer to Section 7.8.5 for private road standards. 12. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 12. No MeFe than Gne I)Findpal GtF6GtUFB is PeFM;tt8d by 4ght OR aRy nen-res-4-e-ptial Zoping!at grgateF thaR INW aGFeG il; AJ;rA WhAPA n;gre than ORB PFiRGiPal staiGture is pFoposed in order to GarFy out the pFIRGipal use of the prepeFty, Rnd thA IQt is 9F9at9F thaR bA(Q AGF99 iR 949.a Glass A SpeGial Use Peanit a;;d Site PlaR,GeRdiNenal Use(GU) DiGtFiGt GF GQ_1nd*tiQ_AA_l_:ZQ_A0A9(GZ=)PirA90 Shall be appFeved by the Board of Geupty Gem 14. OF;paFGels less thaR bAgo- agres in size,Fa6ftipi9 ReR FesideRtial Uses Shall IDS GQR4R8d YAthin a SiR919 I)FiRGipa StRiGtWO UP1966 a GORGlitigRal 1469(GW)IN6W94 OF G G-RdifiGRal ZgRiAq(G.7=)I)i6tFiGt is appFGY9d. FeF the puFpeses Of this FGqUiFGM9At,aR 6AGta_ffA_d- toweF sul;�aGt to a yeaF to yea;Gr other sho-4 term Isas 9, shall not bA r-mPridgrAd;;n Rddetiopml- ALq 15. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit.64 6'Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#5 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or incipal structure instead of having two separate Development Standards(#13 and#14)in this chart Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the specific standards for Class A SUPs within the Hillsborough EDD. Orange County,North Carolina—Unified Development Ordinance Page 3-59 58 Article 3: Base Zoning Districts Section 3.7: Economic Development Districts WIN -1 Lot size, min.,(acres) 4 • The purpose of the Economic Development Hillsborough OfficetFlex (EDH-5)District is to provide locations for a wide range of assembling,fabricating and light manufacturing activities,and such ancillary industrial activities as warehousing and distribution in the Front Setback,from 50 designated Hillsborough Economic Development District ROW,min. (feet) Some commercial services are also permitted accessory to industrial development provided all access is provided internally. The district o is established to provide locations for industrial development which have little or no impact on adjoining QLoperties. APPLICABILITY This district will usually be applied where the following conditions Comer Setback, min. 50[1][2] exist: {feet) 1. This district will be applied in the Hillsborough Economic ' r w Development District.R 40 1 ( y, y t K Iz .k 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of max.,Height,the development approval process. 9 (feet) 40[3] mix; lVt;i;tl' 6% DIMENSIONAL STANDARDS NOTES: [1]Required side and rear setbacks adjacent to residentially zoned Required Open Space land shall be equal to the required side or rear setback of the Ratio,min. .40 adjacent residential district. [2]Any comer lot having an abutting interior lot on its side street shall observe a front yard setback from bath streets provided, teqpre I ivab�lity _ _CU' :4 however,that this requirement does not reduce the width suitable for S ace tio p `r,0 1 . . a building on said lot to less than 25 feet. (See graphic in Section 62.7). _ Gross Land Area, [3]Two feet of additional height shall be allowed for one foot min./max, none increase of the required front and side setbacks. s6 (square feet) [4]R=residential,NR=non-residential,CU=conditional use. Req�uarec( AI 6s This is a necessary addition if the ratios are added as shown. 66 The ratios are suggested to be added because staff is suggesting that the ratios used to regulate development in the EDDs be the same types of ratios used in the other zoning districts. See Footnote pertaining to Section 6.3.1(D)for additional explanation. Orange County,North Carolina—Unified Development Ordinance page 3_60 Article 3: Base Zoning Districts 59 Section 3.7: Economic Development Districts EDH-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-5 District in Section 6.2, unless a Conditional Use(CU)or MPD-CZ District is approved(see Section 3.8). Additionally,non-residenfial uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPDCZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2),the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size;zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2,5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.67 6. Residential uses are not permitted in this district. 7. No drive through facilities may be constructed in this district. 8. Ajustification for any deviation todevelopment standards must state a public benefit or purpose. 9. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 10. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements, Refer to Section 7.8.5 for private road standards. 11. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 12. ISIQ_ ARQF8 th@R GA9 p9ndpal stFuGture is peR�Ritted by Fight on aRy Rai;residA-Ptial Ze-AiRg let 9i:9at9F thap W44 arres in GiZAS. FAGF8 thall aAe pFiFlGipal GtFUGtUF9 is PFOP968d iR QFdGF tG GaFFY GUt the I)FinGiPal 6168 Of the PFGP and the let is gFeateF than twe ar.Fes in size,a Glass A Spe-dial Use-Pen mit and Site Plap, GORd'4914al IJ69(GIJI) PiStgGt,OF Genditional Zzoning(GZ)Pistr;iGt shall y the SeaFd of GowRty Gornmis......... 43. OR parn-els lers than b . . FRUItiplS ROR Fes-id-ential,uses A-hall be GontainedWithill a 61149le PFiAGiPaI sit-w-G-ture upless a GORdRIGRall-Ise (G-1-1) Q-1-1.4- or Gendit!GRal Zenii:iq(GL� DistFiGt is appFoved- I .. I . of this requiFement, an t4pstaftd Wpc;ommi-RiGagen te"F subjer#to a yeaF t4D year 9F othei;shGFt teFm lease,shall R9t 139 G9R6id9rPd;;n Rddifiol4al i we 14.- See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit.68 67 Changes to Sections 6.2.5 and 6.2.6 are proposed(see relevant portion of this amendment package). Since the proposed changes involve an additional exception,staff is suggesting that language be added to#5 to direct users to the appropriate Section of the UDO if the users'project involves more than one non-residential principal use or principal structure instead of having two separate Development Standards(#12 and#13)in this chart, 611 Staff is suggesting this additional language be added to direct users to the section of the UDO that contains the specific standards for Class A SUPs within the Hillsborough EDD. Orange County,North Carolina-Unified Development Ordinance Page 3-61 60 Article 4: Overlay Zoning Districts Section 4.2:Watershed Protection - 4.2.6 Impervious Surface and Detention Pond Requirements for Residential Uses TABLE 4.2.5,1: IMPERVIOUS SURFACEMETENTION POND REQUIREMENTS(RESIDENTIAL) DISTRICT IMPERVIOUS SURFACEIDIETENTION POND REQUIREMENTS(RESIDENTIAL) 6%impervious surface limit. UNIV-CA EXCEPT for all lots which existed prior to 4/2/90,which are subject to impervious surface UNIV-PW limits as provided in the following Table(entitled Sliding Scale for Residential impervious Surface Ratios—Univ,Cane,and Little). [1]BMPs cannot be used to satisfy watershed impervious surface requirements. 6%impervious surface limit. CANE-CA �XCEPT for lots smaller than'two acres which existed prior to 1/1/94,which are subject to CANE-PW impervious surface limits as provided in the following Table(entitled Sliding Scale for Residential Impervious Surface Ratios—Univ, Cane,and Little). *,13mps cannot be used to satisfy watershed impervious surface requirements. 6%impervious surface limit. EXCEPT for lots smaller than five acres which existed prior to 6/1/2010,which are subject to U-ENO-CA imperVious surface limits as provided in the following Table(entitled Sliding Scale for Residential Impervious Surface Ratios—Upper Eno). *BMPs cannot be used to satisfy watershed impervious surface requirements. 6%impervious surface limit. EXCEPT for lots which existed prior to 1/11/94,which are subject to impervious surface limits LITTLE-PW as provided in the following Table(entitled Sliding Scale for Residential Impervious Surface Ratios-Univ,Cane,and Little). *BMPs cannot be used to satisfy watershed impervious surface requirements. FLAT-PW 12%impervious surface limit for new and existing lots. HYCO-PW *BMPs cannot be used to satisfy watershed impervious surface requirements. 12%impervious surface limit for existing and new lots outside of Transition Areas as designated in the Orange County Land Use Plan. [11 BMPs cannot be used to satisfy watershed impervious surface requirements. 30%impervious surface limit for developments which exceed a density 1 dulacre within U-ENO-PW Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are BACK-PW required if impervious surface exceeds 12%. 70%impervious surface limit for residential uses developed at"high intensity"densities(R- 5, R-8, and R-13)in an Economic Development District as designated in the Land Use Element of the Comprehensive Plan(high-density option)with structural BMPs if ISR 1 0/ 69 2 6. 24%impervious surface limit with curb and gutter. 36%impervious surface limit without curb and gutter. [1]BMPs cannot be used to satisfy watershed impervious surface requirements. 70%impervious surface limit for residential uses developed at"high intensity"densities(R- L-ENO-PW 5, R-8, and R-13)in an Economic Development District as designated in the Land Use Element of the Comprehensive Plan(high-density option),with structural BMPs required when impervious surface exceeds: 24%(wl curb and gutter),or 70 36%(Wo curb a d gutter). HAW-PW 1 24%impervious surface limit. 69 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section ofthe UDO where other impervious surface regulations are located. Staffis suggesting that the higher impervious surface limits apply only to higher-density residential because,at this time,single-family residential is potentially allowed in the Buckhom EDD(located in the Upper Eno PW);however,staffdoes not believe that 70%impervious surface is desirable for lower density residential uses. Additionally,limiting residential uses in the Buckhorn EDD to only higher density residential on a limited basis is an anticipated work item in 2012. 70 Impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO where other impervious surface regulations are located. Staffis suggesting that the higher impervious surface limits apply only to higher-density residential because,at this time,single-family residential is potentially allowed in the Eno EDD(located in the Lower Eno PW);however,staffdoes not believe that 70%impervious surface is desirable for lower density residential uses. Additionally,limiting residential uses in the Eno EDD to only higher density residential on a limited basis is an anticipated work item in 2012. Orange County,North Carolina—Unified Development Ordinance Page 4-6 Article 4: Overlay Zoning Districts 61 Section 4.2:Watershed Protection TABLE 4.2.5.1:IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(RESIDENTIAL) DISTRICT ITIPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(RES!!)ENTIAL) JORDAN-PW [11 BMPs cannot be psed to sati N watersRed impervious surface requirements. P'. [111]BMP's as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are M a ow llowed. (A) Hillsborough Economic Development District (1) The Hillsborough Economic Development District is located within the Lower Eno -Unprotected watershed. Within the Hillsborough Economic Development District, as designated in the Land Use Element of the Comprehensive Plan,the 71 maximum impervious surface ratio is 50%with detention ponds. TABLES 4.2.5.2&4.2.5.3:SLIDING SCALE FOR RESIDENTiAL IMPERVIOUS SURFACE RATIOS- UNIV,CANE,LITTLE,AND UPPER ENO LOT SIZE(ACRES) ISR SQUARE FEET LOT SIZE(ACRES) ISR SQUAREFEET Cells in black DO NOT apply to,the Upper Eno 6+ 50 3.1 9.8 13,234 068 �1-3.0 10.0 13,068 50 11 5 9 5 1 13 107 ��-2.9 10.2 12,885 27� 10.4 12,685 5 13.159 27 10.6 12,467 5,5 54 13,172 26 10.8 12,232 5 55 13,17 7 2.5 11.0 11,979 4 6 13 172 2A 11.2 11,709 131.159 3 11A 11,421 52 5,19 13,138 �-2.2 11.6 11,116 51 59 13 107 2.1 11.8 10,794 5.0 6.0 13,068 2.0 12�O 10,454 4.9 6.2 13,234 1.9 12.2 10,097 4.8 6.4 13,381 1.8 12A 9,723 -4.7 6.6 13,512 1.7 12.6 9,331 4.6 6.8 13,625 1.6 12.8 8,921 4.5 7.0 13,721 1.5 13.0 8,494 4.4 7.2 13,880 1.4 13.2 8,050 4.3 7.4 13,861 1.3 13.4 7,688 4.2 7.6 13,904 1.2 13.6 7,109 4.1 7.8 13,930 1.1 133 6,612 4.0 8.0 13,939 1.0 14.0 6,098 3.9 8.2 13,930 0.9 14.2 5,567 3.8 8.4 13,904 0.8 14.4 5,018 3.7 8.6 13,861 0.7 14.6 4,452 3.6 8.8 13,800 0.6 14.8 3,868 3.5 -9.0 0.5 15.0 3,267 3.4 9.2 13,625 0.4 15.2 2,648 1 3.3 9A 0.3 15.4 2,012 71 impervious Surface Ratio requirements in Section 6.3.7 are suggested to be relocated to this Section of the UDO where other impervious surface regulations are located. orange County,North Carolina-Unified Development Ordinance Page 4-7 62 Article 4: Overlay Zoning Districts Section 4.2:Watershed Protection SLIDING •- RESIDENTIAL IMPERVIOUS RATIOS AND UPPER ENO LOT SIZE(ACRES) ISR SQUARE FEET # SQUARE Cells in black DO NOT apply to the Upper Eno 3.2 9.6 13,382 " 0.2 15.6 1,359 4.2.6 Impervious Surface, Detention Pond,and Lot Size Requirements for Non-Residential Uses Unless otherwise noted in the Table below, minimum lot sizes shall be in conformance with the underlying zoning district. IMPERVIOUS TABLE 4.2.6: SURFACE/DETENTION POND REQUIREMENTS DISTRICT ITZIPERVIOUS i i REQUIREMENTS(NON-RESIDENTIAL) UNIV CA Same as Residential(See Table in subsection 4.2.5) UNIV PW 5-acre minimum lot size,with potential of up to five lots as small as two acres for lots of record October 19, 1999; CANE-CA AND 6%impervious surface limit. [11 BMPs cannot be used to satisfy watershed impervious surface requirements. U-ENO-CA 2-acre minimum lot size AND 6%impervious surface limit. 5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record October 19, 1999 (Amended 10-19-99);,AND 50%ISR for all fire stations and solid waste collection centers;AND CANE-PW 12%ISR for all other non-residential uses;AND on-site infiltration of the first inch of stormwater runoff;AND a limit of 1.0%of the watershed for non-residential use(139 acres in CANE-PW). 11 BMPs cannot be used to satisfy watershed impervious surface requirements. 2-acre minimum lot size AND 50% ISR for all fire stations and solid waste collection centers;AND LITTLE-PW 12%ISR for all other non-residential uses, AND on-site infiltration of the first inch of stormwater runoff;AND a limit of 1,0%of the watershed for non-residential use(4,19•acres ire-G4PlR. ..I. �!406 acres in LITTLE-PW),72 1 BMPs cannot be used to satisfy watershed impervious surface requirements. 72 This is an error that has existed in the regulations since Watershed Protection Overlay Districts were adopted. Little River Protected Watershed(within Orange County)contains 40,603 acres. 1%if this land area is 406 acres. Orange County,North Carolina—Unified Development Ordinance Page 4-8 icts Article 4: Overlay Zoning Distri 63 Section 4.2:Watershed Protection TABLE 4.2.6:IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS DISTRICT IMPERVIOUS SURFACEIDETENTION POND REQUIREMENTS(NoN-RESIDENTIAL) 70% ISR in Economic Development73,Commercial,andfor Commercial-industrial aF;"F ir:idwstoal Nodes as designated in the Land Use Element of the Comprehensive Plan(high-density option)with structural BMPs if ISR >12%; AND 50%ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial- U-ENO-PW Industrial an"F industgal-Nodes as designated in the Land Use Element of the Comprehensive Plan,with BACK-PW structural BMPs if ISR>12%; AND 12%ISR for all other non-residential uses outside of Commercial andfor Commercial-industria[74 and.16-F Ind-us-tria-I Nodes as designated in the Land Use Element of the Comprehensive Plan(*BMPs cannot be used to satisfy watershed impervious surface requirements);AND on-site infiltration of the first inch of stormwater runoff,AND A limit of 1,151 acres of non-residential use throughout UEN0-PW(5.0%)and 163 acres throughout BACK-PW (1%y 50%ISR for all fire stations and solid waste collection centers; AND HYCO-PW* 12%ISR for all other non-residential uses;AND FLAT-PW on-site infiltration of the first inch of stormwater runoffAND limit of 1%of the watershed for non-residential use(37 acres in HYCO-PW,66 acres in FLAT-PW). [1)BMPs cannot be used to satisfy watershed impervious surface requirements. 70%impervious surface,with structural BMPs required when impervious surface exceeds: L-ENO-PW 24%(wt curb and gutter);or 36%(w10 curb and gutter). HAW-PW 24%impervious surface limit JORDAN- [1]BMPs cannot be used to satisfy watershed impervious surface requirements. PW [1]BMP's as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are allowed, NOTE: Non-residential use impervious surface acreage limits in watersheds with such limits are calculated using the actual amount impervious surface for non-residential uses throughout the watershed,not by the overall number of acres of a non- 75 residential parcels located in a particular watershed, (A) Hillsborough Economic Development District (1) The Hillsborough Economic Development District is located within the Lower Eno —Unprotected watershed. Within the Hillsborough Economic Development District, as designated in the Land Use Element of the Comprehensive Plan, the maximum impervious surface ratio is 50%with detention ponds.76 73 Impervious Surface Ratio requirements in Ation 6.3.7 are suggested to be relocated to this Section of the UDO where other impervious surface regulations are located. 74 The Commercial-Industrial Land Use category is a discrete category on the Land Use and Zoning Matrix contained in Appendix F of the County's Comprehensive Plan but it is not described as a separate category and is not consistently referred to in the UDO. Staff believes this is an oversight that may have occurred in the late 1980's or 1990's when the Comprehensive Plan was changed to include a combined Commercial-Industrial Activity Node category on the Land Use Element Map and on the matrix,but other necessary updates were not made. Staff considers this to be a"clean-up"or"housekeeping7'amendment to reflect intent and interpretation which will provide clarity and conciseness to the regulations. Note that a Comprehensive Plan amendment is also proposed as a separate item to fix these inconsistencies. 75 Staff is recommending that the UDO explicitly state how the impervious surface acreage limitations are calculated in order to avoid confusion. The stated method(using ggigd impervious surface calculations)is how staff tracks the acreage limits. For example,there has been confusion in the past over whether a non-residential use on a hypothetical 37-acre parcel in the HYCO-PW would be encumber all of the impervious surface limit of 37 acres. Staff's interpretation and administration has always been that the limit pertains to actual impervious surface,not parcel size. This suggested amendment makes the calculation method clear. 76 Impervious Surface Ratio requirements in Section 63.7 are suggested to be relocated to this Section of the UDO where other impervious surface regulations are located. Orange County,North Carolina—Unified Development Ordinance Page 4-9 64 ARTICLE 6: DEVELOPMENT STANDARDS iSECTION 6.1: GENERALSTANDARDS 6.1.1 Establishment of Dimensional Requirements The required minimum lot size, minimum lot width, required front,side and rear setbacks, maximum building height and maximum lot coverage and permitted intensity of development for each of the general districts shall be as shown in this Article and Article 3 of this Ordinance. 6.1.2 Town of Chapel Hill Land Development Standards The regulations governing minimum lot size, minimum lot width, required yard setbacks, maximum building height and other dimensional requirements controlling the permitted intensity of development as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. 6.1.3 Town of Carrboro Land Development Standards The regulations governing minimum lot size, minimum lot width, required yard setbacks, maximum building height and other dimensional requirements controlling the permitted intensity of development as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. :SECTION 6.2: LOT & BUILDING STANDARDS 6.2.1 Regulations Encumbering Land Required to Satisfy Regulations No portion of a lot, used in connection with an existing or proposed building, structure or use, and necessary for compliance with the dimensional regulations of this Ordinance shall,through sale or otherwise, be used again as part of the lot required in connection with any other building, structure or use. 6.2.2 Modifications of Dimensional Requirements Except as provided in this Ordinance, all structures shall conform to the dimensional requirements established in Article 3 of this Ordinance. (A) Height Limitations (1) Within any zoning district the height of a building may exceed the maximum building height established in Article 3 provided that one foot additional front, rear, and side setbacks are provided for every two feet of additional height. Regardless of additional setbacks provided, in no case shall a building's height exceed 75-feet unless modified as per(2) beloW.77 71 Staff is suggesting this language in order to establish a maximum height cap. Currently,the height of a building is potentially"unlimited"if enough additional setback is provided and other ratios can be met(please note that it is and has been the application of all the development ratios in all zoning districts that work together to create to"form"of overall development on a parcel). Orange County,North Carolina—Unified Development Ordinance Page B-1 | Article 6: Development Standards 65 Section 6.2: Lot&Building Standards (2) The height limits of this Ordinance may be modified upon appeal to the Board of Adjustment in accordance with Section 2.10 of this Ordinance. The Board,when approving an application for modification of the height limitation, may affix to that approval reasonable conditions to protect the public health, safety and general (13) Flexible Developments (1) Minimum lot area, lot width, and setback requirements as specified in Article 3 of this Ordinance may be reduced for lots created as part of a Flexible Development subdivision as provided in Section 7.13 of this Ordinance. (C) Flag Lots (1) Flag lots as defined in Article 10 are accommodated for as provided in Section 7.7 of this Ordinance. 6.2.3 Clustering (A) UNIV-CA&UNIV—PW Watershed Protection Overlay Districts (1) Clustering of residential lots is permitted in accordance with Section 7.12 of this (2) Each lot shall contain a minimum of one acre. (B) All Other Overlay Districts Clustering of residential lots is permitted in accordance with Section 7.13 of this 6.2.4 Irregular Lots Any irregular lot of record at the time these regulations became effective may be subdivided in compliance with applicable subdivision regulations and improvement requirements,to create additional regular lots,provided that such lots meet all requirements of the district and that no residual substandard lots remain as a result of such action. 6.2.6 Principal Uses There shall be no more than one principal use on any zoning lot except where: (A) Permitted as a CU District or CZ District; or (B) The parcel is located within an Economic Development District, Commercial Transition Activity Node, Commercial-Industrial Transition Activity Node, or Rural Neighborhood Activity Node, or Rural Community Activity Node, as designated by the Comprehensive Plan;or 78 78 The existing requirement of not permitting more than one principal use on a lot unless a Conditional Use or Conditional Zoning District is approved is one of the major impediments to promoting economic development in Orange County. Prior to the adoption of the UDO in April 2011 which added the MPD-CZ district and removed the requirement for a Class A Special Use Permit(SUP)for MPD-CZ projects only,any large-project was required to obtain a Class A SUP. From a project proponent's perspective,the process components and uncertainty this injected into the approval process is onerous. Staff is suggesting that in the designated non-residential growth areas of the County(the land use categories listed),more than one principal use be permitted without requiring a CUD or CZD just because more than one principal use is proposed. (Note that there may be other instances where projects would still require a CUD or CZD,itjust would not be for the reason of having more than one principal use). All other applicable standards in the UDO would still apply. It should also be noted that,at the present time,most lands within these designated non-residential growth areas would require a rezoning application. Additionally,all non- residential projects are required to submit a site plan for staff review and approval in order to receive a Zoning Compliance permit(see Section 2.4). it should also be noted that if"Industrial Activity Node"is not deleted as a land use category from the Comprehensive Plan(see related amendment),the term needs to be added here. Orange County,North Carolina—Unified Development Ordinance Page 6-2 66 Article 6: Development Standards Section 62 Lot(OX Building Standards (C) The parcel is less than 2 acres in size, and non-residential multiple uses are proposed within a single principal structure; or (D) One of the uses is an unstaffed f6le'communications tower subject to a year-to-year or other short term lease 6.2.6 Principal Structures (A) Residential (1) There shall be no more than one principal structure permitted on any residential zoning lot,with the exception of the following: (a) Multi-family developments which have received approval as a CU District or CZ District, or (b) Temporary use of mobile homes for custodial care ap?,roved in accordance with the provisions of Section 5.4.4(b), or (c) During the installation or construction of a permanent unit on the same lot, as provided in Section 5.4.4 of this Ordinance, or (d) Duplexes, on lot's that have twice the required lot area of the zoning district. (B) Non-Residential (1) There shall be no more than one principal structure permitted by right on any non-residential zoning lot greater than two acres in size, unless: (a) permitted as a CU District or CZ District-, or (b) the zoning lot is located within an Economic Development District, Commercial Transition Activity Node, Commercial-industrial Transition Activity Node, Rural Neighborhood Activity Node, or Rural Community Activity Node, as designated by the Comprehensive Plan.'30 6.2.7 Comer Lot Setback on the Side Street Any corner lot of record in a residential zoning district abutting a side street shall meet the minimum required setbacks of the zoning district in which it is located; provided, however,that this requirement does not reduce the width of area suitable for building to less than 25 feet. 79 Staff is suggesting this addition so that users will be aware that there are additional standards with which they must comply. 80 The existing requirement of not permitting more than one principal structure on a lot unless a Conditional Use or Conditional Zoning District is approved is one of the major impediments to promoting economic development in Orange County. Prior to the adoption of the UDO in April 2011 which added the MPD-CZ district and removed the requirement for a Class A Special Use Permit(SUP)for MPD-CZ projects only,any large project was required to obtain a Class A SUP. From a project proponent's perspective,the process components and uncertainty this injected into the approval process is onerous. Staff is suggesting that in the designated non-residential growth areas of the County(the land use categories listed),more than one principal structure be permitted without requiring a CUD or CZD just because more than one principal structure is proposed. (Note that there may be other instances where projects would still require a CUD or CZD,itjust would not be for the reason of having more than one principal use). All other applicable standards in the UDO would still apply, It should also be noted that,at the present time,. most lands within these designated non-residential growth areas would require a rezoning application. Additionally, all non-residential projects are required to submit a site plan for staff review and approval in order to receive a Zoning Compliance permit(see Section 2.4). It should also be noted that if"Industrial Activity Node"is not deleted as a land use category from the Comprehensive Plan(see related amendment),the term needs to be added here. Orange County,North Carolina—Unified Development Ordinance Page 6-3 io Article 6: Development Standards 67 Section 6,3: Land Use Intensity Measures (1) Outer Courtyards (a) For outer courtyards bound on three sides by building walls or potential walls,the widfh 'Shall not be less than the sum of the required yard distances measured from opposing walls. (b) Where depth of a courtyard is less than half the width, the minimum width required shall be reduced 25%. (c) Depth of a courtyard shall not be greater than one and one-half times width. (d) Where walls are not parallel to property or building site lines,the nearest portion to such lines shall be at least the required minimum distance therefrom. (2) Inner Courtyards (a) Inner courtyards formed on four sides by building walls or potential building walls shall have a minimum dimension equal to the sum of the required yards but not less than ten feet and area shall not be less than 150 square feet for two stories or more. (b) Except in cases of inner courtyards, atriums,or enclosed patios for single dwelling units,an unobstructed passageway shall be provided at the lowest level of each inner courtyard with a cross-section not less than four feet wide by seven feet high. Such passageway shall be continuous from the inner courtyard to unobstructed open space adjacent to the building, and shall be so aligned as to facilitate passage of non-vehicular fire fighting equipment including ladders. (c) Inner courtyard design shall permit use of fire ladders. iSECTION 6.3: LAND USE INTENSITY MEASURES 6.3.1 Applicability (A) In accordance with Article 3 of this Ordinance, the standards established in this Section shall be applicable to those districts and uses subject to the Land Use Intensity system. (B) For residential zoning districts and residential uses, except where application to other uses is specifically indicated,floor area, open space, livability space, and recreation space ratios shall be applied only to such land area,floor area, open space, and related elements as are incidental to and compatible with residential uses. (C) For non-residential zoning districts and non-residential uses, except where application to other uses is specifically indicated,floor area, open space and pedestrian/landscaped space ratios shall be applied only to such land area,floor area, open space and pedestrian/landscape use and accessory uses incidental to and compatible with non- residential uses. (D) IR r—ase-Re-min- DevelopmeRt.7=9AiR9 DiBtFiGts, uRle6s ethe the fellewiRg Use iMensity MeasuFes shall apply: 0) impeMeus SurfaGe Ratio (ISR) (2) BuildiRg Velume Ratio (BVR) (3) I=andsrape V-Giume Ratie (L-VIR) (4) Site Volume Ratio(SVP4" 81 Staff is suggesting that the same types of Land Use Intensity Measures that apply in other zoning districts be used in the EDDs. The ISR requirements is redundant with Sections 4.2.5 and 4.2.6,which were adopted after the Economic Development Design manual(now repealed and part of the UDO adoption process)was adopted. The Orange County,North Carolina—Unified Development Ordinance Page 6-8 68 Article 6: Development Standards Section 6.3: Land Use Intensity Measures 6.3.2 Floor Area (A) Residential (1) The maximum residential floor area shall not exceed the number of square feet derived by multiplying gross residential land area by the floor area ratio(FAR) I applying to that district, as established in Article 3 of this Ordinance. (B) Non-Residential (1) The maximum floor area shall not exceed the number of square feet derived by multiplying gross land area by the floor area ratio(FAR)applying to that zoning district,as established in Article 3 of this Ordinance. 6.3.3 Open Space (A) Residential (1) The minimum open space required shall not be less than the number of square feet derived by multiplying gross residential land area by the open space ratio (OSR)applying to the zoning district,as established in Article 3 of this Ordinance. (B) Non-Residential (1) The minimum open space shall not be less than the number of square feet derived by multiplying gross land area by the open space ratio(OSR)applying to that zoning district, as established in Article 3 of this Ordinance. 6.3.4 Livability Space (A) The minimum livability space required shall not be less than the number of square feet derived by multiplying gross residential land area by the livability space ratio(LSR) applying to the zoning district,as established in Article 3 of this Ordinance. 6.3.6 Recreation Space (A) The minimum recreation space required shall not be less than the number of square feet derived by multiplying gross residential land area by the recreation space ratio(RSR) applying to the zoning district, as established in Article 3 of this Ordinance. 6.3.6 Pedestrian I Landscape Space (A) The minimum pedestrian I landscape space shall not be less than the number of square feet derived by multiplying gross land area by the pedestdan/landscape ratio(PLR) applying to that zoning district, as established in Article 3 of this Ordinance. 6.3.7- impeMous SudaGe RatIG 82 (A) in General 0) The impei:vieus SUFfaGe Fatie (!§R) 16 the PFGPGFtiGA Gf a Site GG'49Fed by aRy 664aGe OF M—MA-Fial Aghlr.h impedes OF I)FeVeRtS the natural infiltration n- the soil. Ruildings, sidewalks, dFiveways, and paFkiRg, leading,and exteFieF ster,age aFeaS (paved and Wilpaved) are all examples ef!FnpeFV!Gus suFfaGes. BVR,LVR,and SVR ratios are not widely used in this country and the calculations are somewhat cumbersome and do not add any value over using the more common rations of Floor Area Ratio(FAR),Open Space Ratio(OSR)and Pedestrian/Landscape Ratio coupled with landscaping requirements,impervious surface limits,stream buffer requirements,and other development standards contained in this UDO. 82 This Section is redundant with Sections 4.2.5 and 4.2.6 where impervious surface requirements are listed for non- EDD lands. Staff has modified Tables 4.2.5.1 and 4.2.6 as necessary to include the ISR limits as they pertain to the EDDs. Orange County,North Carolina—Unified Development Ordinance Page 6-9 Article 6: Development Standards 69 Section 6.3:Land Use Intensity Measures 1-16e is to keep sigRifiGant aMOURtS of land iR a Ratural or landscaped state to (B) _ €FIG 99 9 59 NIA 6.3.8 83 (A) in General CVR-1 VR_QVR 1 , Set iRG!Udil;g the Hillsbefeugh 991). (B) 0) LandSGape Volume Ratio (LVR) z-.-,-•-ovn--ry A be FetraipA Ei Use the pFedemiRant tFee (ii) Eistimate the height of the existiRq fGFert land aF;d multiply that height times the aFnGURt of site aFea GeveFed by the fbFested aFea. Height estimates may be made using a field manual oF spread of Ya4eus#819 . m ,w. &3 See Footnote pertaining to Section 6.3.1{D}for explanation. See Zoning District Charts in Article 3 for suggested Floor Area Ratios,Open Space Ratios,and Pedestrian/Landscape Ratios for Economic Development Districts. Orange County,North Carolina-Unified Development Ordinance Page 6-10 70 Article 6: Development Standards Section 6.3:Land Use Intensity Measures (iii) Multiply the forest land aFea by the average mature height Gf t LandSGape And-Tree Preservation plan,whiGh lists the types 9 59 49 4-2.5x3 Small--Trees 20 45 47-7 ShFubs 6 42 Feet 49 6 -19 a 4 43 hubr.4-4 Feet 3 3 -7 (V;) The tatal volume of all plants is the F-;,--rn Of AtV.4V and eXis#Ag fnaterial. Figure 6.3.9.8.1 Vall 21culationa Height=3.33' 10 1 Width=25'minimum of ways (see Seg. (2) Build!Rq Volume Ratio (SVP4 Orange County,North Carolina—Unified Development Ordinance Page 6-11 Article 6: Development Standards 71 Section 6.3: Land Use Intensity Measures {AFB=`��;iL,`.'€l�-1 ► -.�—��L= �e ef-!.^ _`V-91, of€ terier II-C -- — !rt+IIrea n n ef all and uses.Wh the height ef Widings 9F uses with height between eaves and the ridge tine buildings and Uses, by multiplying the aFea of eaGh buildi use'b'its-heig`r. (-Y) Add the volumes of all buildings, inGiudiRq aGGesseFy buildiF;gs and uses,to obtaiR the total buildIR9 volume foF the site.- (ii) MUltiply the F;L4R;b9F of spaGes shGWR OR the site plat;by the aFea e pwkiRg apase ' to individual paFkiF;g spaGes and multiply that width times the by dFiveway aisles. the letal aFea times a height of five feet.That height is the multiply that RwrAbeF times the aFea Of 9aGh SpaGe.The Feswit is- Orange County,North Carolina-unified Development Ordinance Page 6-12 72 Article 6: Development Standards Section 6.4: Performance Standards (iii) Multiply that width times the length of the drive-way. The Fesul multiply the total aFea times a height of the tF6iGk eFvehiGle WhiGh tFuGks will use the spaGes, use a height of 14 feat.The-sSe heights yelume invelves multiplying the width ai;d length of the mateFials OF GGAtaiReF by the height. GaIGUIatiRq the velume 9f autemobiles on display shall be the SaR;e aG GaIGUIatinq the volume of paFkiRq and leading a.eas: (G) Minimum ReqUIFed Site Volume Ratios shall meet or 9XGeed the following mip!Murn ssite veiume ratio rtandaFds; r Reskle4al 24 SePAGeARetail 4,e • : PERFORMANCE STANDARDS 6.4.1 Applicability (A) After the effective date of this Ordinance,any use established or changed to, and any building structure, or land developed, constructed or used for, any permitted principal use, special use, or conditional use, shall comply with all of the performance standards herein set forth for the district involved. (B) The performance standards contained herein shall apply in commercial, industrial, economic development, and conditional districts. (C) If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such Orange County,North Carolina—unified Development Ordinance Page 6-13 Article 6: Development Standards 73 Section 6.4: Performance Standards (5) Noise levels for the extraction of earth products and landfills shall be as set forth in Sections 5.11 and 5.12. (13) Commercial, Industrial,and Conditional Zoning Districts (1) Within the LCA,0-1, El,or 1-1 district, no permitted Principal Use, Special Use or Accessory Use shall generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by that use. (2) The following table establishes the maximum permissible noise levels for permitted uses, special uses,conditional uses and accessory uses in the NC-2, CC-3, GC-4, EC-5,AS, 1-2, 1-3, and CZ districts: TABLE 6.4.3.13: COMMERCIAL,INDUSTRIAL,AND CONDITIONAL ZONING DISTRICTS MAXIMUM PERMITTED SOUND LEVELS ZONING oF ADJACENT NOISE LEVEL LIMITS[DBA]FOR GENERATING LAND LOT ZONING OF DEVELOPMENT SITE USE TO TOO PM 7:00 PM TO 7:00 AM 7 00 AM NC-2, 1-2[11 :5-50 5060—1 Residential CC-3,GC-4, EC-5, 4550 5060 1-3,AS,CZ Districts[21 NC-2, 1-2[11 50 60 5565 Commercial CC-3, GC-4, EC-5, 5565 W 70 1-3,AS CZ Districts[21 1 NC-2, 1-2[11 65 6070 Industrial CC-3,GC-4, EC-5, 70 9575 1 1-3,AS CZ Districts[2] NOTES: [1]Measurements shall be taken at the boundary line of the zoning lot. [21 Measurements shall be taken at the boundary line of the zoning district. (C) Economic Development Zoning Districts (1) Maximum Permitted Sound Levels TABLE 6.4.3.C: ECONOMIC DEVELOPMENT ZONING DISTRICTS MAXIMUM PERMITTED SOUND LEVELS OISE LEVEL LIMITS[DBA]FOR GENERATING LAND RECEIVING LAND USE USE 84 The additional language is suggested in order to ensure that a parcel zoned as a Conditional District or one of the "Other"Districts is properly protected if a neighboring parcel is developed. 85 Using the word"category"here is unnecessary and potentially confusing since the limits refer to a specific use (i.e.,the use generating the noise)and not a category of uses. Staff is also suggesting an increase in the noise level limits which are currently quite low(see comparative examples of decibel levels in other information included with this amendment package). Note that the existing levels in the"Industrial"row appear to be in error since the nighttime levels are actually higher than the daytime levels. 86 Using the word"type"instead of"category"is suggested because in the EDDs,the Land Use category depicted in the Land Use Element of the Comprehensive Plan is"Economic Development",which is not even addressed on this chart. Staff believes the intent of the regulation was to apply the noise limits within the EDD as well as to parcels located near the EDDs.Staff is also suggesting an increase in the noise level limits which are currently quite low (see comparative examples of decibel levels in other information included with this amendment package). Note that the existing levels in the"Commercial"and"Industrial"rows appear to be in error since the nighttime levels are actually higher than the daytime levels. Orange County,North Carolina—Unified Development Ordinance Page 6-15 74 Article 6: Development Standards Section 6.4: Performance Standards Residential development of all types and schoolss' 45-50 68 60 Commercial, including office,service,and retail 5565 08 70 Light industrial,including distribution and 65 68-75 warehousing facilities (2) Mitigation (a) Where proposed land development does not meet the maximum permitted nose levels because of the nature of or equipment used in the operation, design features, such as the following, may be included as part of the site plan and may be utilized to insure that noise levels fall within the range permitted by these performance standards: (i) A 100-foot landscaped buffer at the boundary of the Economic Development District, may result in 3-5 decibel reductions in noise levels. (ii) The use of existing topographic conditions or modifying the topography to provide barriers to noise. (iii) Locating noise-producing equipment and/or activities within a building or elsewhere on the site. (b) Design features used to mitigate noise factors must be clearly identified on the site plan. (c) Applicants must provide documentation of the source and level of noise, and the specific manner in which the design feature will reduce the noise to acceptable levels. 6.4.4 Vibration (A) General Standards (1) The instrument used to measure vibrations shall be a three component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions. (2) The maximum velocity shall be the sum of the three components. (3) The vibration maximums set forth in Tables 6.4.43&6.4.4.0 are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement frequency. When computed,the following formula shall be used: FORMULA TABLE 6.4.4.A:VIBRATION LEVEL PV=Particle Veloci inches/second PV=6.28 x F x D F=Vibration Frequency cles/second D=Single Amplitude Dis lacement of Vibration inches (4) The values stated in Tables 6.4.4.13&6.4.4.0 may be multiplied by 2 for impact vibrations. 87 Staff is suggesting that"schools"be added as a Receiving Land Use Type since a school now exists within the boundary of one EDD and protecting the school from high noise levels from adjoining properties is desirable. Orange County,North Carolina—Unified Development Ordinance Page 6-16 Article 6: Development Standards 75 Section 6.4: Performance Standards 6.4.6 Air Pollution (A) General Standards (1) Any Permitted Principal Use, Special Use,Accessory Use,or Conditional Use that emits any"air contaminant", as defined in G.S. 143-213,shall comply with applicable State of North Carolina standards concerning air pollution, as set forth in Article 21 B of Chapter 143 of the North Carolina General Statutes. (2) No zoning compliance permit or building permit shall be issued with respect to any development covered by Subsection (1) until the State Division of Environmental Management has certified to the Planning Director that the appropriate State permits have been received by the applicant(as provided in G.S. 143-215.108)or that the applicant will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution control regulations. EaGh Use te Gersply-Avith- !:Gable fUleS and Stand-aFdS adepted by the N.G. EinviFenmeRtal Managepisnt QGm1:Ri6S1'GR. tj t2l� EiaGh site plan M6 16t be aGGompaRiGd by GRe Gf (a) A�% 41 1. - - m44atiGn frern the Staff ef t1;-_-�.,#GPn4_e-Rta444a-R +e-4# GGFnM;SG;GR that an allp quality permit (b) if an air quality peFn;it is required, a GGR;plete GG '9f the PeR414, I-Glu6ng all Gnditions fer FepGrt*,ng and Requ 1 1.-- Al r--Qjja-4ty--Re-rm ft The foJIG ing uses d9 net FeqwiFe P_N-.G-A w--Quality PeFmit and a e not rsqu!Fed to submit a determinatien lett ;t;Gend A;F * "I I 1G`RM9_`Gf_GGMfGFt V a4G�a-system7s 4*4449 e-YAa St PrGdUGtS GF by PFGdUGtS to the atmeSnhana- (b) GGR;bUGtiGR seurGes sePARg heating heat foF Fes'deR.^----. (G) L—oratGry equiprnept-Acr d-fQi-vier (d) N stafiGRaFy iRte mbustion (eE944iPfRePPAthiGh emits on!!!! W(Wn-, oY. ,,gen, iRGFease in the eFniGGjGR of-sir pelltRsauat (9)— Repaenent . of-e= type, and fuRGWR that dGes�et result* (h) Smudge pGtS f�9F GfGhaFds eF small Guld4aeF plants fGFFA fFeeZiRg. ss Staff is suggesting deletion ofthis subsection because hot only is it largely redundant with the preceding subsection(A),it also places additional application requirements on projects proposed in areas designated for non- residential growth(the Economic Development Districts)with which non-residential projects in other areas of the County designated for growth(e.g.,Commercial-Industrial Activity Nodes)do not need to comply. Additionally,if any of the activities listed under subsection(13)(3)were to begin to require an N.C.Air Quality Permit,the County's regulations would be incorrect. Orange County,North Carolina—Unified Development Ordinance Page 6-18 Article 6: Development Standards Section 6.4: Performance Standards Il h l cuel_ rrrninn enrrinmant fri 1p `:t'stt�" .4 _�z"}, 1�7--r' c-r-'�c''TTn-c�°cjc'''Prr''"TC`-r'TZ{`J I tote r hnr rr-rtvcn Ar leer. !i1 rr el_hrrrninn total heat'nn t rat'nn of 100 million RTI I ner hour nr lease (k) Fuel b6IFRiR9 equipmeRt firing eXG16160. V a rn+:t e-Gf-Rates l GF prop- gas, No. 1 GF NG. 2 fuel Gil, a.-y-FopGrt;oR, %%4t-h a total he nipi+a�se Bete +natien d e fiat eter-} atien of WOO GGs494aPG;-- (b) The request f9F deteFmination must be aGGGmpa d by a e-epl ef the (G)---•--Tito red � Ee-4;'F;.d za�ail in thv rr rc!°=s to the Be@Fd of rc°fft#-a-E Gpy to the RaRRi-,'--2: incnentieRs De�nra.rtmnnt (d) Set j .• the apPliGar}t thii•�1 do ire of ran mint of the rear e6t 6.4.6 Disposal of Liquid Wastes (A) No permitted use in any district shall discharge any waste contrary to the provisions of N.C.G.S. 130A(Provisions for Sanitary Sewage Disposal). (B) No Permitted Principal Use, Special Use,Accessory Use,or Conditional Use in any district shall discharge into the OWASA, Durham or Hillsborough sewage treatment facilities any waste that cannot be adequately treated by biological means. 6.4.7 Hazardous Materials (A) General Standards Each permitted use,special use,accessory use, and conditional use is required to comply with all applicable federal, state, and local rules and regulations governing the storage, use, and disposal of hazardous materials.89 (B) Additional Standards in Economic Development Districts qGveminq the storage, use, and disposal of ha-zard-eur., Materials. (2) Each site plan must be accompanied by a Hazardous Materials Management Plan(HMMP)consisting of the following information: (a) A Materials Safety Data Sheet(MSDS)which lists the specific hazardous substances that a facility is handling and details its known health impacts, physical properties, and appropriate protective measures. a - separate MSDS form must be submitted for each hazardous substance handled. (b) A Tier Two form which indicates the precise location and quantity of hazardous materials within a plant or place of business. sg Currently,this is a standard only within the Economic Development Districts. Although it is required of all uses, regardless of zoning classification(and outside the purview of a zoning ordinance/UDO),staff is suggesting that it be explicitly stated so that all UDO users are aware of the standard. 90 Moved to(A)to be a General Standard for all uses subject to Section 6.4(see Section 6.4.1 for Applicability). Orange County,North Carolina–Unified Development Ordinance Page 6-19 Article 6: Development Standards 77 Section 6.4:Performance Standards (c) Building and site plans which indicate the precise location and quantity of hazardous materials. (3) An Environmental Assessment will be required for any use or facility which qualifies as a small or large generator of hazardous waste as defined by the N.C. Department of Environment and Natural Resources. (4) Any use or facility which is involved in the long-term storage or disposal of WiN hazardous wastes will be required to submit a full Environmental Impact Statement. (5) Documentation must be provided-as part of the HMMP confirming the following: (a) That hazardous wastes are being sent to an approved hazardous waste recycling, storage,treatment or disposal facility, (b) That an EPAID number has been obtained, (c) That only authorized transporters are used, and (d) That on-site storage is limited to 180 days(or up to 270 days if the waste is to be transported more than 200 miles). 6.4.8 Utilities (A) Economic Development Districts rmn-r thp- p ranF;e nf thasg EG0A()miG DeV iGt peFf49FrAanGe-stan4aFd4s, each Each permitted use, special use, and accessory use to be served by a public or private water or sewer system must be: (a) Designed, sized, and constructed to the standards of the utility provider; and (b) Assured of installation of such services at the time it is approved. (2) Each MPD-CZ Master Plan and site plan must be accompanied by documentation from the utility provider that it has reviewed and approved: (a) Preliminary plans for the proposed water and/or sewer lines; (b) The adequacy of the existing system(s)to which the connections(s)will be made; (c) The capacity of the existing water and sewer treatment facilities; (d) The carrying capacity of the discharge stream or.discharge point; and (a) The method of funding proposed extensions of water and sewer lines. (3) The approval by the utility provider must in the form of a resolution or other agreement adopted by its board of directors or governing board and must also contain a certification ification that service to the development project is authorized by any water management plan and discharge permit in effect at the time of approval. (4) Installation (a) The location and size of easements for water and/or sewer lines must be approved by and dedicated in the form of a deed of easement to the utility provider. 91 Sentences such as this were removed from the UDO during the LJDO development process. This instance was missed and staff is suggesting it be removed to read as shown. Orange County,North Carolina—Unified Development Ordinance Page 6-20 78 Article 6: Development Standards Section 6.5:Architectural Design Standards SECTION 6.5: ARCHITECTURAL DESIGN STANDARDS 6.5.1 Economic Development Dir-ftlntq Transition Activity Nodes, Commercial Transition Activity Nodes,Commercial-industrial Transition Activity Nodes, Rural Community Activity Nodes,and Rural Neighborhood Activity Nodes 92 (A) Purpose and Intent The purpose of the architectural design criteria is to produce development which provides a strong visual relationship between the building[s],the site, and adjacent development. It is the intent of these criteria to encourage innovative architectural design which relates to the surrounding environment in terms of texture,scale, mass, proportion, and color. High standards of construction and quality materials must be incorporated into each new development. (B) Applicability (1) The design standards established in this Section shall be applicable to all new non-residential development within the Ri akhorn Rnd gne 9PDs Economic Development Transition Activity Nodes, Commercial Transition Activity Nodes, Commercial-Industrial Transition Activity Nodes, Rural Community Activity Nodes,and Rural Neighborhood Activity Nodes, as designated by the Comprehensive Plan. (2) DesiqR standaFdS appliGable te Aew son F96ideRtial devel9pmest in the Hill6190FOUgh �1)1) aFe SpeGifirally Peted. All ethe;desigA Stai;daFds established iR this SeGtieR shall be guidelines fef new evelepmeRt iR the HillsbGFOugh EIDD and shall be GARRiCIPME!iR plan design and Feview. HeweveF, the quideliRes shall Aet be FAaAdatGsy. (C) Design Standards (1) The project PF9PGA9;#test applicant shall submit materials that document the existing architectural character of the IM-n-one min- Development Dist Node and/or adjoining neighborhood and define those aspects of the DiStFiGt Node94 and/or neighborhood which are most important.The project plans must identify the ways the project improves upon or incorporates those aspects. (2) Site Considerations (a) To insure that new development is designed to respect the specific conditions of its site,the design of a building, its location on the site, and its layout must respect the topography of the site and be consistent with significant landforms. (b) The architectural form of buildings] must reflect the underlying topographic form and retain the integrity of a natural slope. M Architectural form at the base of a hill must provide a natural transition between the intersecting slope and the base. [A—Figure 6.5.1.C.2] 92 In response to questions raised at the November 21,2011 quarterly public hearing,staff is suggesting that the Architectural Design Standards be applied to all Nodes for which a conditional district(CU or CZ)would no longer be required if the proposed changes in Sections 6.2.5 and 6.2.6 are adopted. Having projects be subject to the architectural design standards will allow staff to have standards available when reviewing site plans and a basis for approval or denial. If an applicant does not wish to provide a building meeting these standards,they would still have the option of rezoning to a CU or CZ District and gaining BOCC approval of alternative architectural measures through the conditional zoning process. If an applicant applies for site approval and staff does not approve the site plan because it does not meet the requirements of this Ordinance(all requirements,not just architectural standards), the applicant would have the option to appeal to the Board of Adjustment,as per the process laid out in Article 2. 93 Staff is suggesting this paragraph be deleted to ensure that all standards will apply to all new non-residential development in the designated growth areas. 94 This paragraph contains language changes necessary to reflect the change in geographic applicability. Orange County,North Carolina—Unified Development Ordinance Page 6-23 Article 6: Development Standards 79 Section 6.5:Architectural Design Standards Figure 6.5.1.0.2:Site Considerations A Ehi-sl Not This y Diagram 1 This �, � Not This Diagram 2 This Not This , C Diagram 3 (d) On a hilltop, especially at the ridgeline or crest, building forms must not break or detract from the natural lines of the hillside. Building[s]must be provided with sufficient setbacks to maintain the integrity of the natural slope and minimize the impact on scenic views. [B-Figure 6.5.1.C.2] (e) Where neighboring buildings have responded to similar topographic conditions on their sites in a consistent and positive way, similar treatment must be considered for a new structure. {f1 Where buildings are to be located near natural features such as scenic vistas, stands of trees, and open space,views and pedestrian access must be provided to these amenities. [C-Figure 6.5.1.C.2] (3) Compatibility With Neighbors Unless there are overriding concerns or poorly defined aspects, a new building must reflect the architectural character of surrounding buildings in the following ways: (a) Similar unifying design concept, (b) Similar proportions,scale, and roof line, (c) Similar architectural style and exterior finish materials, (d) Similar patterns and proportions of windows, (e) Similar entry configuration and relationship to street, and (f) Similar architectural details or features. (4) unified Design Concept To unify a building's architectural character and individual elements such as entries,windows, pedestrian areas, and roofs,all buildings must be visibly organized by a clear design concept. Examples include: (a) Symmetrical Balance:A formal organization which balances equal elements and features around a vertical plane. (b) Asymmetric Balance:A dissimilar,yet harmonious composition of numerous similar or complimentary forms. The composition reflects the surrounding area, site conditions, and/or building functions. Orange County,North Carolina-Unified Development Ordinance. Page 6-24 80 Article 6: Development Standards Section 6.5:Architectural Design Standards Figure 6.5.1.C.4:Unified Design Concept IBM WfIM �-f 0 Unified individual elements-entries,windows,roofs,etc.- �,_.�•_,.,._.---�'� provide formal organization Q Symmetric balance creates organization through equal elements and features Q Asymmetric balance creates organization through dissimilar,yet complimentary forms and composition Q cluster organization of buildings creates clearly defined usable outdoor spaces (�Major architectural features provide strong areas of focus (c) Cluster Organization: Groupings of building elements help to clearly define usable outdoor spaces such as pedestrian plazas or malls and prevents long "barracks-like"rows of structures. (d) Major Architectural Element: Focus around a strong architectural element such as an arcade or major entry. (e) Environmental Response: Base the design on significant views, solar orientation, siting for usable outdoor space,etc. (5) Architectural Scale Architectural scale generally refers to the size of a building relative to the buildings or elements around it. (a) To insure that new buildings do not overpower their neighbors,they must be designed to be compatible with existing neighboring structures as well as their general surroundings. - (b) Architectural elements such as windows and entries must be given emphasis so that they create a complimentary pattern, dividing large buildings into smaller identifiable parts.This aspect of design is referred to as articulation. (See Figure 6.5.1.C.5-Diagram 1) Figure 6.5.1.C.5:Architectural Scale Diagram 1 Orange County,North Carolina—Unified Development Ordinance Page 6-25 Article 6: Development Standards 81 Section 6.5:Architectural Design Standards Diagram 2 i - An interval is the measure of articulation;e. .,the distance before architectural elements re eat. Diagram 3 `L /� 4 LL� . i Modulation is a measured and proportioned setback in a building's face. Together,articulation,modulation,and their intervals create a sense of scale important to buildings. Diagram 4 This 14 t This (c) All building elevations are to be architecturally treated so as to avoid long,"unarticulated"or blank facades. (6) Building Setbacks and Height (a) A variety of building and parking setbacks shall be provided in order to avoid long monotonous building facades and to create diversity. (b) Placement of structures which creates opportunities for plazas, courts, or gardens is encouraged. Setback areas can be used to provide space for patio areas. (7) Exterior Finish Materials The fallewing staRGlaFds apply to=• 95 (a) Exterior finish materials must conform to and be in harmony with the exterior design of neighboring structures and the overall design of improvements described throughout these guidelines. 95 This change is to necessary to reflect the change in geographic applicability. Orange County,North Carolina—Unified Development Ordinance Page 6-26 82 Article 6: Development Standards Section 6.5:Architectural Design Standards (b) Building exteriors must be constructed of materials which are sufficiently durable to guarantee low maintenance and a reasonable life span, and to withstand abuse by vandals or accidental damage from machinery. (c) Exterior materials must have an attractive texture, pattern or quality of detailing.Acceptable building materials include those which appear natural in texture and color such as stone, unpainted brick,wood, and textured concrete. (0) Siding must reflect in texture and color that which is typical of the area and region. (8) Roof Lines and Materials The WIGWR9 StandaFdS applAg tQ RAW MAR F9sideRtial deyelepmeRt iR a# De-velopment DistFiGW.9 (a) The roof design must be considered as a component of the overall architectural design theme and must be taken into consideration during the initial design phase for the structure(s). (b) Nearly vertical roofs(A-frames)and piecemeal mansard roofs(used on a portion of the building perimeter only)must not be utilized. Mansard roofs must wrap around the entire perimeter of the structure. (c) All rooftop mechanical equipment,vents, ducts, and communication antennas and towers must be screened from view or designed and installed in a manner using materials and colors compatible with the building architecture.All such equipment must be located below the highest vertical element of the building,with the exception of tower-type communication antennas which do not exceed a height of 15 feet from base to top. (d) Except for standing rib metal roofs and copper roofs,corrugated metal, highly reflective surfaces, and illuminated roofing must riot be used-*. (e) Rooftop solar collectors, skylights, and other reflective rooftop building elements must be designed and installed in a manner which prevents reflected glare. M Solar panels must be integrated into the roof design,flush with the roof slope. Frames must be colored to complement the roof. Natural aluminum frames are prohibited. (g) Support solar equipment must be enclosed and screened from view. 6.5.2 Efland Cheeks HighWay 70 GGFFldeF QVeday DiStFiGt(E400)97 (A) The following desigR standaFG18 Shall apply tG all RGR Fesidential develepment WithiR t pFe desigRated GemmeFGial aFeas and aleR9 the Highway 7-0 GGFFidOF- 0) GeFpGFate F=Fal;Ghise AFGhitertuF9 (a) UndeF RG GiFGUR;staF;Ges shall FnedeFR G9FPGFate ffaRGhise building desigR be peFFAitted. (19) FLFaRGhise GF'Ghain'businesses desiFing to 19Gate in the Highway 70 Oveday DiStFiGt shall be Feguir-ed to design the buildiAg in aGGeFdaRGe with these quideiiRerr T 96 This change is to necessary to reflect the change in geographic applicability. 97 After using the UDO for a few months,staff is suggesting that this Section be relocated to Section 6.6.2. Doing so will put all of the design standards for the ECOD overlay district in one section within the UDO,making it less complicated for users. Orange County,North Carolina—Unified Development Ordinance Page 6-27 Article 6: Development Standards 83 Section 6.5:Architectural Design Standards <. , or ea6ily Aatufe. (3) MiFFGFed glass i6 pfohibited. wood,stone, StUGGG,MaFbIe, and etheF similar(5) Building elevations 6hall be desigi;ed to be ar-GhiteGWFally tFeated to avoid losq-, (6) Windows 91;the stFeet ffentage side Gf a building shall be limitA-d-te. 0 total building fagade. (8) IguildiRg mss fal DsGoFat-bwrP- A-n—rnir.pes shall be pFevided feF buildings with a flat rGGf� defined as Feefs with a pitral;less than 3;12. (b) Eaves shall be pFGvided with a pitGhed , gFeater than 34-2 building aFGhiteGWF9. Feefs aFe peFmitted. Fesidential use. {B} Additional AFGhiteGtUFal StandaFds fGF existing single family StFuGtur-es being Orange County,North Carolina—Unified Development Ordinance Page 6-28 84 Article 6: Development Standards • Section 6.6:Additional Standards for Overlay Districts (2) Any stFuGtur-es pmpesed fbF remeval shall either be moupri tM RGtheFIGGatjGj;f49 FeUS8G9AtempeFanegusiy,AxiththAnnnr,tci-ntinnQfthQ ewstFWGtUFe deGG1;6tFUGted in surh a maAReF that the ultaFit materials aFe suitable for-Fe use by the deGenstrurtinq paFty or-9theFs iR futuFe building pFGjerts. it is the intent ef this 2-1-th Ser.tien that the removed StFUGMe be FeGyGled to the P)dpnt possible. ORTIMMYTT"11171 a I-IN1112191MOM=1 a WTVA 1111.3 dZIM"M 6:6.1 Special Flood Hazard Areas(SFHA) - (A) Provisions for Flood Hazard Reduction In all SFHAs the following additional'standards shall be met: (1) All new construction and substantial improvements shall be designed and adequately anchored to prevent flotation, collapse,or lateral movement of the structure. (2) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to minimize flood damage. (3) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damages. (4) Electrical, heating, ventilation, plumbing,air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water frorn* entering or accumulating within the components during conditions of flooding. These include but are not limited to HVAC equipment,water softener units, bath/kitchen fixtures, ductwork, electric meter panelsiboxes, utility/cable boxes, appliances(washers, dryers, refrigerator, etc.), hot water heaters,and electric outlets/switches. (6) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (7) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (8) Any alteration, repair, reconstruction, or improvements to a structure,which complies with the provisions of this Ordinance,shall meet the requirements of new construction"as contained in this Ordinance. (9) Unless reviewed and approved in accordance with the provisions in Article 2 and Article 5 for Class A Special Use Permits, new solid waste disposal facilities, hazardous waste management facilities, salvage yards,and chemical storage facilities shall not be permitted in SFHAs. (10) Fuel and Chemical Storage (a) With the exception of structures or tanks used for chemical and/or fuel storage incidental and necessary to the daily operations of a water treatment plant or wastewater treatment facility,the storage of the following chemicals and compounds shall be prohibited Within SFHAs: (I) Acetone, (ii) Ammonia, (iii) Benzene, (iv) Calcium carbide, Orange County,North Carolina—Unified Development Ordinance Page 6-29 Article 6: Development Standards 85 Section 6.6:Additional Standards for Overlay Districts (2) There shall be a minimum 15 feet wide vegetative buffer along all common property lines separating non-residential and residential land uses. The required plantings shall be in accordance with those required for Buffer Yards Type A outlined Within Section 6.8 of this Ordinance. (3) There shall be a.minimum eight feet wide landscaped strip along all property lines separating non-residential uses from non-residential uses. The landscaped strip shall be comprised of vegetation that forms a semi-opaque intermittent visual obstruction from the ground to a height of at least 15 feet. Joint use agreemp,ints between adjacent property owners for shared ingress/egress and/or parking%ay result in a,waiver regarding the exact location(s)of the required buffers. law'; (4) The entire area surrounding the foundation of the new building shall be landscaped in scale with adjacent structures. (D) Parking Lot Design (1) Required parking shall be located at the side or rear of the structure. (2) Shared parking areas shall be encouraged for contiguous non-residential land uses, in accordance with Section 6.9 of this Ordinance. (3) Parking areas with spaces in excess of 110%of the minimum parking spaces required, per Section 6.9 of this Ordinance, shall not be permitted. (4) Interior landscaping of the parking lots shall be provided in accordance with Section 6.8 of this Ordinance. (E) Signage (1) Signage for non-residential uses shall conform to all requirements within Section 6.12 of this Ordinance. (2) Only monument style signs that do not exceed six feet in height are permitted within the Highway 70 Zoning Overlay District. (3) Pole signs are not permitted, (F) Site Design and Layout for all Construction/Renovation (1) The natural topography of the property shall be preserved to the greatest extent possible to avoid stormwater runoff onto adjacent properties. (2) Any and all existing natural features(i.e.streams, ponds, hillsides, unique vegetation, mature trees, etc)shall be protected and preserved through the site planning and development process. (3) The siting of buildings shall be done to preserve to the greatest extent possible scenic views/vistas. (G) Architectural Design Standards 93 (1) The following design standards shall apply to all non-residential development within the pre-designated commercial areas and along the Highway 70 corridor: (a) Corporate Franchise Architecture 0) Under no circumstances shall modern corporate franchise building design be permitted. (ii) Franchise or'chain'businesses desiring to locate in the Highway 93 After using the LTDO for a few months,staff is suggesting that this Section be relocated from Section 6.5.2. Doing so will put all ofthe design standards for the ECOD overlay district in one section within the UDO,making it less complicated for users. The actual architectural design standards are not proposed to change;the numbering system has moved down one hierarchy in order to fit into the format of this Section. Orange County,North Carolina—Unified Development Ordinance Page 6-38 86 Article 6: Development Standards Section 6.6:Additional Standards for Overlay Districts 70 Overlay District shall be required to design the building in accordance with these guidelines. (iii) For purposes of this Sub-Section, "modern corporate franchise building design"means a building design that is trademarked, • branded, or easily identified with a particular chain or corporation and is ubiquitous in nature. (b) Drive-through facilities are prohibited on all non-residential uses. (c) Mirrored glass is prohibited. (d) Complementary Styles and Materials (i) Similar architectural style and orientation must be observed to complement surrounding structures. (ii) Similar building materials that complement surrounding structures must be utilized, including exterior finish. Acceptable materials include: brick,wood, stone,stucco, marble, and other similar materials. (e) Building elevations shall be designed to be architecturally treated to avoid long, blank building fagades. Windows on the street frontage side of a building shall be limited to 40% of the total building fagade. (g) The principal building shall be oriented facing towards the fronting street. (h) Building Access (i) A functional doorway for public or direct-entry access into a building shall be provided from the fronting street. (ii) Corner entrances should be provided on corner lot buildings. IV (iii) Additional entrances to a building may be provided. Rooflines&Materials 0) Decorative cornices shall be provided for buildings with a flat roof, defined as roofs with a pitch less than 3:12. (ii) Eaves shall be provided with a pitched roof, defined as roofs with a pitch greater than 3:12. (iii) Pitched roofs are generally preferred over flat roofs. (iv) All rooftop mechanical equipment(i.e. vents, ducts, communication antennas, HVAC units, etc)shall be screened from view or designed and installed in a manner using materials and colors compatible with the building architecture. (v) Highly reflective roofing materials shall be avoided. All proposed # metal roofing should be standing seam or copper. Galvanized steel and tin roofs are permitted. Residential manufactured structures are not permitted for conversion to a non-residential use. (H) Additional Architectural Standards for existing single-family structures being converted into non-residential use: (1) The exterior fagade of an existing single-family residence proposed for conversion into non-residential use shall not be altered to accommodate new non-residential land uses except where modifications are necessary to address building or fire code requirements. Orange County,North Carolina—Unified Development Ordinance Page 6-39 Article 6: Development Standards 87 Section 67:Additional Standards for MPD-CZD (2) Any structures proposed for removal shall either be moved to another location for re*-use contemporaneously with the construction of the new structure or be deconstructed in such a manner that the resultant materials are suitable for re- use by the deconstructing party or others in future building,projects. It is the intent of this Sub-Section that the removed structure be recycled to the extent Poswds. 6.6.3 Major Transportation Corridor(MTC) (A) Landscaping and Buffers In addition to the requirements set forth in Section 6.8 of this Ordinance,the following standards shall be met: (1) A minimum of 100 feet of buffer area from the edge of the interstate I1jgl1WaY,S94 right of way, shall be preserved. The purpose of this buffer is to protect, preserve and promote the visual appeal, character and value of land adjacent to major transportation facilities;to provide for the separation Of spaces;and to promote the public health, safety and welfare through minimizing potential nuisances such as the transmission of noise, odor, dust, litter and glare of lights. (2) In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. Where there is no existing vegetation in the buffer area,or if existing vegetation does not provide a sufficient buffer, all proposed plantings must be shown on the landscape plan to fulfill the buffer requirement. The new plantings shall be predominantly evergreen and shall reach a mature size of at least 30 feet. New trees shall be located so as to establish at maturity a continuous screen in the 100 foot buffer area along the adjacent interstate highway. (3) Landscaping shall be in accordance with an approved landscaping plan. (4) Any areas left in a natural state shall remain undisturbed except as follows: (a) Within the buffer areas, necessary ingress, egress and utility service may be allowed, but no other disturbance for site improvements shall be permitted. (b) Selective clearing of vegetation may be allowed only to remove diseased trees or trees weakened by age, storm,fire or other injury. (6) Non-residential uses within Transition Areas,as designated by the Comprehensive Plan, may provide one break in the required buffer per lot adjacent to the interstate right-of-way in order to provide an on-site commercial sign and/or building visibility. The break shall constitute no more than 50%of the interstate highway frontage. iSECTION 6.7: ADDITIONAL STANDARDS IF•R MPD-CZD 6.7.1 Master Plan (A) All applications for the MPD-CZ designation shall be prepared in accordance with Section 2.9 of this Ordinance and shall include a general development plan herein called the 'Master Plan'. 94 Staff is suggesting this language be added to make it clear that the buffer is required adjacent to the Interstate right-of-way,not adjacent to any local roads that may also be located within the MTC overlay. 95 Staff is suggesting that some clearing of the MTC buffer be permitted in order to provide on-premise signage abilities and building visibility adjacent to Interstates. The current potential limit is 25%of the interstate frontage [see Section 6.8.12(0)(5)]. 50%is suggested to be more competitive and in keeping with expectations of the development community while preserving an acceptable level of buffers/vegetation in areas designated for growth. Orange County,North Carolina—Unified Development Ordinance Page 6-40 88 Article 6: Development Standards Section 6.7:Additional Standards for MPD-CZD 6.7.4 Start of Construction &Extensions (A) Site plans shall be approved and construction started in accordance with the timetable approved with the Master Plan. If the site plan(s)have not been approved or no construction has started within the stated time frames,the Master Plan becomes void and of no effect. The owner can request an extension from the Board of County Commissioners upon the favorable recommendation of the Planning Board, if the request is received before the Master Plan expires. (B) No changes shall be made to the conditions of approval with extension requests. Approval of a time extension shall be based on evidence presented by the applicant showing that approvals have been pursued in a timely manner,and that delays have resulted from factors beyond the control of the developer. 6.7.6 Specific Standards for Hillsborough EDD In addition to the standards and regulations for all MPD-CZ districts established in this Ordinance, the standards contained herein shall apply to MPD-CZ districts in the Hillsborough Economic Development District. (A) Purpose and Intent The purpose of the MPD-CZ in the Hillsborough Economic Development District is to provide locations for a mix of residential, commercial and light industrial uses in a cohesive development that is compatible with the natural terrain and surrounding uses. This district encourages innovation by offering flexibility in design and layout requirements to achieve a greater choice of living and working environments. (B) Applicability (1) The minimum size of a MPD-CZ district shall be 28 59'3 acres. (2) This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. (C) Development Standards (1) Dimensional Requirements (a) There are no minimum lot sizes within the MPD-CZ district; However, the Master Plan will set forth the individual lot setbacks in accordance with the General Dimensional Requirements established herein. TABLE 6.7.5.C:SPECIFIC STANDARDS FOR HILLSBOROUGH EDD MINIMUM ZONING MINIMUM SETBACKS LOT MAXIMUM ZONING SIDE IMPERVIOUS MAXIMUM DISTRICT AREA WIDTH FRONT REAR ONE SURFACE HEIGHT (FEET) (ACRE) (FEET) (FEET) (FEET) COMBINED STREET COVER(%) SIDE (FEET) (FEET) (FEET) MPD-CZ 200 60 1 40 1 20 40 40 7 50 60 (b) Single-family and duplex residential uses following the flexible development guidelines established in Section 7.13 of this Ordinance, may reduce the minimum setbacks by 50% and the lot width by 60%. (2) Internal Access 96 Staff is suggesting that the minimum size be reduced to 5 acres,which is the minimum size for consideration of all other MPD-CZ projects. Orange County,North Carolina—Unified Development Ordinance Page 6-45 Article 6: Development Standards 89 Section 6.8: Landscaping,Buffers&Tree Protection (3) During construction activities, adequate protective measures shall be provided to minimize damage to existing trees and other vegetation. (4) All tree protection fencing sl*JI be installed prior to any grading,construction traffic or activity taking place on site. (5) Logging mats shall be used in areas where critical root zones may be disturbed during construction. (6) Signs shall be posted identifying the tree protection areas and shall state the area is not to be disturbed. Such protective devices shall effectively protect the critical root zones,trunks, and tops of trees to be retained and shall be maintained until all work hawbben completed. (7) Construction traffic,storage of vehicles and materials, soil compaction,filing,and grading shall not take place within the drip line of trees to be preserved. (8) Construction access to a site should be located where an existing or proposed entrance/exit is located. (9) A stabilized open area should be designated for storage of materials(including stockpiling of soil and gravel)and for parking construction vehicles and equipment. (C) Mitigation Where grading within a critical root zone of a tree cannot be avoided,the following measures shall be used to maintain the life of the trees affected by grading: (1) Avoid cut and fill around the entire circumference of the trunk of the tree; (2) Root prune a tree several months prior to.any cuts within the critical root zone; (3) Prune tree limbs in an amount,which reflects the area of the roots to be severed, but in no case allow pruning to exceed 25%of the tree crown. Fertilize, if necessary and water the undisturbed root area of the tree; (4) Trees that are marked for preservation and for which utilities must pass through their critical root zones shall not have surface-dug trenches;and (5) Utilities shall be bored through critical root zone areas. Shared utility easements or trenches are encouraged. 6.8.6* Landscaping Standards (A) General Design Guidelines The following are guidelines and should be included where possible in the landscape plan,and shall be balanced against other objectives of this Section when reviewing a landscape and tree preservation plan. (1) The use of potable water sources to irrigate should be minimized by utilizing rainwater or other allowable systems. (2) Native, non-invasive, and drought tolerant species should be arranged into zones according to their water needs, by employing xenscaping. (3) Landscaping in the rural zoning districts(RB,AR and R1)should be clustered to provide a more natural look. More formal arrangements are possible in the medium and high density residential districts as well as the commercial,aR4 industrial, and economic developments'zoning designations. 9'Staff is suggesting this addition since more formal landscaping arrangements would seem to be appropriate in the economic development zoning districts as well. Orange County,North Carolina—Unified Development Ordinance Page 6-48 90 Article 6: Development Standards Section 6.8: Landscaping, Buffers&Tree Protection The Planning Director shall maintain a list of plants that are not permitted for any use due to their invasive tendencies.Such species shall not be planted as landscaping-for any purp_ose. (D) Installation (1) The International Society of Arborculture (ISA) maintains standards for tree plantings. All installations shall adhere to the standards published by the ISA. The Planning Director will have available the planting details as a booklet. (E) Maintenance (1) All plantings must be maintained in a healthy state. Should any vegetation that was required to meet the standards of this section die within two years of planting,the plants must be replaced with the same or comparable species. (2) The Planning Director may conduct inspections to monitor the health and status of the required landscaping. 6.8.6 Land Use Buffers (A) Purpose Land use buffers are intended to screen and buffer lower intensity/density uses from incompatible higher intensity/density land uses. Buffers reduce adverse visual effects, as well as noise, dust, and odor. (B) Applicability Land use buffers will be required based on the zoning district of the proposed use and the zoning district of the adjacent uses. (C) Location (1) Required land use buffers shall be located along the interior or street lot lines nearest the adjacent streets, land uses and/or zoning designations. Buffers shall not be located on any portion of an existing or proposed street right of way, drainage or utility easement. (2) No building or structure of any type shall be erected,constructed or installed in a required land use buffer. (D) Land Use Buffer Table TABLE 6.8.6.D:LAND USE BUFFERS ZONING OR USE• ADJACENT PROPERTIES to < W W UJ W to LU 0 W to D cli U) LL • W :3 • I > Z < X L) P 1Z U) W LU re u UJ < < < 0 Z 0 RB,AR, R1 A A B F E F F F E 8 B a) 2 4) U) CL R-2&R-3 A - A B F D F F F D B B a. 0 R-4&R-5 A A - B F C E E F C B B M — c °' R-8&R-13 B B B - F B D D F C B B 'E :N 0 =; N U) MHP-CZ F I F I F _I F F I F I F_ F F I F F 9"The R-8 zoning classification does not appear in any of the columns and needs to be included. Orange County,North Carolina—Unified Development Ordinance Page 6-51 Article 6: Development Standards 91 Section 6.8: Landscaping, Buffers&Tree Protection TABLE 6.8.6.D: LAND USE BUFFERS ZONING OR USE• ADJACENT PROPERTIES W) 0 < UJ 6 E-L UJ LLJ UJ Cl) LL1 N W cli W U) cli LU < < C4 117 CL 6 C4 UJ Z) i Z LIJ 1_5 0 0/1, NC-2, E D C B F F B B D LC-1 CC-3,GC-4 F F E D F F B B_ D EC-5 El, 1-1, 1-2, 1-3, F F E E F 9 F��J B 8 D PID 1 NTE RSTAT ARTRRIAI F= D G a F A A A GQLI=E=GT_Q0 9 1 r—F_ 9 B rNote:MPD-CZ buffers to be determined at time of approval. (E) Natural Buffers (1) If there is existing, healthy, natural vegetation in the area of a required buffer, it must be preserved. If the vegetation is removed for any reason, other than in accordance with an approved landscape and tree preservation plan,the dimensions of the buffer shall be increased 50%and the number of required plantings shall be increased 50%. (2) The critical root zones of trees within the buffer must be protected if the applicant seeks credit for preservation of existing trees. For example, if a required buffer has a dimensional width of 30 feet, and the critical root zone extends beyond the 30 feet,the.buffer will be extended to the edge of the critical root zone in the area around the tree. (3) If necessary, a natural buffer will be supplemented with additional plantings in order to meet the Constructed Buffers standards established herein. (F) Conitructed Buffers (1) If existing plantings are not sufficient to meet the buffer standards established in this Section,additional plantings shall be installed. (2) The plant units listed below will be considered comparable,and therefore interchangeable,as set forth below. (3) Option 2, Deciduous, shall not be permitted when the proposed use is non- residential and is proposed next to a residential district or use, unless employed with a wall,as set forth herein. 99 All interstate highways are,by definition,located within the Major Transportation Corridor(MTC)overlay district and a 100-foot buffer is required within the MTC,which corresponds to Buffer Type F. (See Section 4.5 and 6.6.3 for additional MTC information). 100 Listing roadways as the subject property that must provide a buffer is incorrect as 1)streets are not actually required to provide a buffer,and 2)it is in direct conflict with(C)(1)which states locational requirements and specifically states that buffers shall not be located on any portion of an existing or proposed street right of way. Orange County,North Carolina—Unified Development Ordinance Page 6-52 92 Article 6: Development Standards Section 6.8: Landscaping, Buffers&Tree Protection (C) The Planning Director may grant the extension on requests for planting extensions submitted between May 15 and September 15 of each year, and may grant the extensions at other times if there are unfavorable conditions for planting. (D) -If the initial LREC has expired and conditions are still deemed unsuitable for planting,an applicant may request one additional extension of up to 90 days. During periods of extreme drought,as evidenced by the officiai'declaration of Stage 3 or greater mandatory water conservation requirements,the Planning Director, or designee, may authorize additional 90-day extensions beyond the one extension typically allowed.These extensions may be continued throughout the period in which the extreme drought conditions remain. '(E) The applicant shall also acknowledge that no Final Zoning Compliance Permit shall be issued while there is an active(pending)LREC unless a performance guarantee(such as a letter of credit or performance bond)sufficient to cover 110%of the installed landscaping costs has been posted with the Planning and Inspections Department. 6.8.12 Additional Standards for Economic Development Districts (A) Landscape and Tree Preservation Plan (4) The la;;dsGape and tFee pFesewatien RIaR FRUSt 199 PF8paF9d by a F891st !andsGape aFGhit9Gt and apPF9ved by the P!aRRiR@& 1AGPeGtiGAS DePqFtFn8Rt PFiGF W the iSSURRAGe Of-a-h'61ildiRg peFmit and remp;eRremest of any!a GleaFiRg ef develepment aGtWity. (2) The landsGape and tFee pFesewatien plan shall iRrludes a GeFAPFehessive site analysis GIGGumeAting existing dFaiRage patteFRS, iRGIudiRg wetlal;ds,floodplaiRs, and hydFiG SQ'IS;and eXiStiA9 I;at6Fal and ai-1ti ir;;l fA;;Wr9G,iRGiudinq foFest lands, natuFal aFeas, and wildlife habitats, steep slopes, qeelegiG featWeG, aFGhae9I99iGa'sites, and hiSt9FiG sites and GtFWGtWF9S. (3) The WAGISGape and tFee PF8sewatieR pIaR shall shows,the layetA ef the BRVFe prejerA, iRGluding its Felatignship to SUFFOUndiRg pF9pe,41As a-Rd thA WhiGh it adheFes to the SGI;ematis plans, P9FfGFFRaRG.9 standaFGIG, and design GFR90a. site, building aF stwr.We May be QGGUPi9d fQF the use 6AW all aspeGts ef the landSGape and#99 PF96elVatiGR Plan haVe 119-SR Q-83rd9d GWt OF a PeFfQFR;aRGe bend,letteF Of GFedit 9F etheF R"AFRA199 Of iMPFGYeR;9Rt6 has been pFeyided te and aGG9pted by the PIanRiR;Z4L;�'t_G_F.157 . The Landscape and Tree Preservation Plan shall be prepared in accordance with the requirements of Section 6.8.10. (B) Preservation of Existing Features (1) Natural features such as streams and ponds, hillsides, rock formations, unique vegetation and natural areas,wildlife habitats, and other similar features must be incorporated into the overall development concept. (2) Existing Flyers, StFeams, and PGRds and theiF dFainage aFeas shall be pFeteGted and Used tQ G'-- -Q RAbvark of open 6paGe, aGGemmedate the natural flew—f wateF,seFY9 as utility easement, and bW#eF FneFe intene-We—1-sideptial uses fFGR; A8ighbGFiA9 F961dential aFeas, 101 Staff is suggesting that projects in the Economic Development Districts be held to the same standards as projects located in other areas of the county. (A)(1)and(A)(4)are already required of all projects. (A)(2)and(A)(3)are additional requirements in EDDs that is not required of other non-residential projects in other Land Use categories. Orange County,North Carolina-Unified Development Ordinance Page 6-59 Article 6: Development Standards 93 Section 6.8:Landsdaping, Buffers&Tree Protection (3) PFepeFty that GentaiRs peFeRi;ial and intermittent stFeams eF majer draiRage swales, shall maintain a minimum 50 feet wide stFeas; G9FFiGIGF Glesignated aleRg beth sides of the wateF featuFe. if stream GeFFideFs aFe Fequked, they must to be expai;ded te iRGIude steep slepes, fleedplaiRs, wetlai;d6, and RatuFal aFeas as identified iR the GG inventeFy ef NatuFal Areas and Wildlife Habit 102 (4) Building sites, parking areas, and other uses shall be situated in such a way as to protect existing tree stock having a diameter of one-foot or greater when measured four and a half feet above ground level. (6) Trees to be.*saved shall be noted on the landscape and tree preservation plan and appropriate measures to protect the tree stock from damage during construction, including no grading within the critical root zone, shall be indicated in accordance with Section 6.8.4. (6) Where possible,trees shall be protected in stands or clusters. (7) The siting of buildings shall take advantage of scenic views and take into consideration the impact of new structures on views from off-site. (8) Where ever possible, access to views are to be preserved for adjacent property owners and passing motorists. (9) Scenic views and visual elements within the visual corridor shall be identified and preserved where possible. (C) Buffering Neighboring,Uses (1) A minimum buffer of 100 feet in width is to be provided at the boundary of all Economic Development Districts. (2) in accordance with Section 6.6.3, a A-buffer of 100 feet in width is to be maintained adjacent to the right-of-way of interstate highways.103 (3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the boundary adjacent to the Clearview Subdivision and adjoining residential area on the north side of West Ten Road. (4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86 roadway corridor. For properties located within the EDH-1 zoning district, a 50 foot wide buffer is required. (5) Limited breaks in required interstate highway buffers may be allowed it they are well desigRed ai;d pFevide a GGeRiG vista 9F iBRGISGaped aFea. Ne mGFe than GRa bFeak peF let shall be peFmitted, and the break shmil GA6tit649 Re meFe than 2594 G ef the inteFstate highway fteptage. in accordance with Section 6.6.3(5).'04 (6) Buffers may consist of existing wooded areas. If existing vegetation is not sufficient for screening,a planted buffer shall be augmented and interspersed, consisting of 50-75%evergreen trees reaching a minimum mature height of 30- feet. 1112 Staff is suggesting deletion of(B)(2)and(B)(3)because these requirements are already addressed in the soil erosion and sedimentation control and stream buffer regulations contained within this Ordinance. (13)(3)is potentially in conflict with stream buffer regulations because in many instances a buffer width greater than 50-feet is required. 103 This modification is suggested in order to tie the required buffer to the N4TC requirements,which is the origin of the requirement. 104 This modification is suggested in order to make this requirement consistent with the suggested change in Section 6.6.3 which is proposed to allow for up to a 50%break,in order to provide an on-premise sign and/or building visibility. Orange County,North Carolina—Unified Development Ordinance Page 6-60 94 Article 6: Development Standards Section 6.8: Landscaping, Buffers&Tree Protection (7) SGFeenjpq In lieu of the Land Use Buffers required in Section 6.8.6, buffers between adjacent land uses,whether internal or external to the project, shall be provided in accordance with the a#aGI;Bd SGhedule of Land Use Buffers Schedule that follows.y.I:hA_theF;I#eFAal oF e)demal tG-the Prejer-t Ift (8) Trees with a caliper of six inches or greater should be considered for preservation. (9) No grading for building or parking shall encroach upon required buffer. (10) Landscape buffer widthe.m.1y,bQ reduced if the buffer material is adequate to provide additional screening. (11) Decorative walls may be used to augment required landscaping for buffer reduction. (12) Access and utility crossings are to be made as close to perpendicular as possible to the length of the buffer. (13) No land disturbances for buildings, parking, or storage,drainage, etc. are permitted within a required buffer. TABLE 6.8.12.C:LAND US I E BUFFER SCHEDULE 106 A B ABUTS THIS EXISTING LAND USE... "A"PROVIDES A WHEN THIS LAND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE ACROSS A BUFFER WIDTH OF.... NEXT • DEVELOPED AND... STREET(OTHER THAN AN INTERSTATE HIGHWAY)FRom A OPOSED DEVELOPMENT Residential(minAGColzeimax.d-ens-IP141 49,999 SF 4.(4.99 dw/aG) 29,909 20 Q99 SF(2 19-4-4944ag) 3Q 16,009 30 40,990 44,099 Sr. 40 RaFtidantiml FinanGe,lnsuFanGe and Real istate 7-5 Non Residential Use/Rei S#06 7-5 49,G09 9F-,�(4.99 du/aG) interstate wighway 4-GQ A#QFIal RGad_ -7-5 Callantar RGad 39 Ra#FGad 59 T F�n n Am M I IS&k N+4jfw 69 chief 40Q Riastidanfl, Residential (min.lot 61;581— 49,000 SP-(449 dwiaQ 39 2G,GGQ 39.99 24),QGG 39,999sr-(2.48 4.QQd--. 3Q 4.Q9 d 45,990 49,999 Sr.(2.90 2.49 d6lao) NIA �_ 49,QQO 44,QQQ8F=(4.3 39 —_I 1 05 Staff is suggesting a re-write of this paragraph in order to use the correct terms and be more clear. Additionally, it needs to be clear that in the EDDs,there is a different Land Use Buffer Schedule than is applied to other areas of the county. 106 Staff is suggesting a revision to this extensive Table. Given that residential uses,and especially low density residential uses,are not encouraged in the Economic Development Districts,staff is suggesting the categories be collapsed as shown in the new table. The revised buffer widths are suggested based on the types of Use Buffers required of similar uses outside of the Economic Development Districts and take into consideration the denser types of development anticipated in the EDDs. The idea that substantial buffers tend to lead to a"pod-like', development pattern was also considered in the suggested buffer widths. Given the extensive landscaping standards required ofnew development and the array of other development standards such as impervious surface limits and stream buffer requirements,lessening the required land use buffer is expected to continue to result in a quality,more urban-style development in the EDDs while balancing impacts on the environment and surrounding area. The Land Use types in the suggested new table correspond to the"Use Type"headings in the Table of Permitted Uses for Economic Development Districts(Section 5.2.2) Orange County,North Carolina-Unified Development Ordinance Page 6-61 TABLE 6.8.12.0:LAND USE BUFFER SCHEDULE"' A B ABUTS THIS EXISTING LAND USE... "A"PROVIDES A WHEN THIS LAND USE IS BEING NOTE:"ABU I-TING LAND USES INCLUDE THOSE ACROSS A BUFFER WIDTH OF.... DEVELOPED AND... STREET(OTHER THAN AN INTERSTATE HIGHWAY)FROM A NEXT To"B" PROPOSED DEVELOPMENT In .■ ! • • ! iii •.s _ _ _ _ _ __ _ _ __ ■• .i 'Li.r,lit ■ ■ ■ a. . r t E:?-79-FIRMIRIMM mITTM _.,. t a • ■ a •i t _ i• _ _ _ ■ S 96 Article 6: Development Standards Section 6.8: Landscaping,Buffers&Tree Protection TABLE 6.8.12.C: LAND USE BUFFER SCHEDULE106 A 6 ABUTS THIS EXISTING LAND USE... "A"PROVIDES A BUFFER WIDTH OF.... WHEN THIS LAND USE IS BEING NOTE: "ABUTTING LAND USES INCLUDE THOSE ACROSS A NEXT • DEVELOPED AND... STREET(07FER THAN AN INTERSTATE HIGHWAY)FROM A PROPOSED DEVELOPMENT 49,99G 44,QQQ 8F=(4.36-,LQQ-dtWaG) 49 4QQ VA Manufa-a-tur:Ing,Assem Residential 499 a,qd inteFstate Highway 499 44A TABLE 6.8.12.C:LAND USE BUFFER SCHEDULE A B ABUTS THIS EXISTING LAND USE... "A"PROVIDES A BUFFER WIDTH OF.... WHEN THIS I-AND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE ACRoss A NEXT • DEVELOPED AND... STREET(OTHER THAN AN INTERSTATE HIGHWAY)FROM A PROPOSED DEVELOPMENT Residential,all types N/A Finance 20 Government, Information,Recreation, Retail,Services,s30 Retail, Non-Residential Use/Reuse of Historic Buildin Is Other all other Use Types in Section 5.2.2) 50 Residential,all types Interstate Highway(See also Section 6.6.3) 100 Arterial Road 30 Collector Road 20 Railroad 40 Transmission Lines• 40 Undeveloped Parcel 20 Residential all types 20 Finance 20 Government;information, Recreation, Retail,Services, 20 Non-Residential Use/Reuse of Historic Buildings Other all other Use lypes in Section 5.2.2) N/A Finance Interstate Highway(See also Section 6.6.3) 100 Arterial Road 20 Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Residential,all types 30 Finance 20 Government,Information, Recreation, Retail,Services, 20 Government,Information, Non-Residential Use/Reuse of Historic Buildings Recreation,Retail, Other all other Use Types in Section 5.2.2) N/A Services,Non-Residential Interstate Highway(See also Section 6.6.3) 100 Use/Reuse of Historic Arterial Road 20 Buildings Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Other(all other Use Types Residential, all types 40 In Section 5.2.2) F-Finance 20 Orange County,North Carolina—Unified Development Ordinance Page 6-63 Article 6: Development Standards 97 Section 6.8: Landscaping, Buffers&Tree Protection TABLE 6.8.12.C: LAND USE BUFFER SCHEDULE A B A13UTS THIS EXISTING LAND USE_ "A"PROVIDES A WHEN THIS LAND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE ACROSS A BUFFER WIDTH OF. NEXT TO"B" DEVELOPED AND... STREET(OTHER THAN AN INTERSTATE HIGHWAY)FROM A PROPOSED DEVELOPMENT Government, Information,Recreation, Retail,Services, 40 Non-Residential Use/Reuse of Historic Buildings Other all other Use Types in Section 5.2.2) N/A Interstate Highway(See also Section 6.6.3) 100 Arterial Road 20 Collector Road 20 Railroad 20 Transmission Lines 20 Undeveloped Parcel 20 Note: See Article 10 for the definition of"Transmission Lines." (D) Landscaped.Parking Areas 107 In addition to the requirements contained in Section 6.8.7(D), projects in Economic Development Districts shall require the following'08: (1) A continuous poured-in-place concrete curb shall be provided around landscape islands. (2) Where vehicles will extend over landscape islands, such islands shall be increased two and one-half feet in depth by decreasing the length of the parking staff the same distance. (3) When grading a site for parking purposes, runoff from parking areas must be infiltrated through grass lined swales or porous-fill retention areas rather than directing the flow to natural wetlands. (4) Pedestrian ways are to be buffered with intermediate landscape between sidewalks and right-of-way travel lane. (6) Hillsborough EDD (a) When parking lots abut a public or private right-of-way or easement, a 35-foot landscape area is required, except as otherwise specified. (b) Landscaping islands having a minimum area of 1000 sq.ft. (vary by size tree)shall be provided at a minimum interval of every ten parking spaces and at the ends of all rows of parking. (E) Plant Materials In addition to the requirements contained in Section 6.8-5, projects in Economic Development Districts shall require the following'09: (1) All areas not paved or built upon shall be landscaped with trees, shrubs, and lawns. (2) Large uninterrupted areas of gravel or bark mulch or bare soil are prohibited. (3) Whenever possible, existing vegetation shall be preserved. 107 The correct document hierarchy was not applied to s*ubsection(D);the sub-sub-sections were labeled(a)through (e)so staff is suggesting fixing this subsection with the correct hierarchy[(I)through(5)]. 10'Staff is suggesting that the language be added to make it more clear that these are additional requirements and to direct the user to other pertinent sections. 109 Staff is suggesting that the language be added to make it more clear that these are additional requirements and to direct the user to other pertinent sections. Orange County,North Carolina—Unified Develdpment Ordinance Page 6-64 98 Article 6: Development Standards Section 6.8: Landscaping, Buffers&Tree Protection -'-dk (4) If existing vegetation is not preserved, no fewer than the number of trees per acre specified in the section, "Plant Size and Distribution,"shall be planted, not counting trees planted in parking lot islands smaller than 500 square feet. (a) "Large"trees are those referred to as"Canopy Trees"and/or"Evergreen Trees"in Section 6.8.5. (b) 'Small"trees are those referred to as"Deciduous Understory Trees" and/or"Evergreen Understory Trees"in Section 6.8.5.110 (6) All irrigation systems are to be below ground,fully Vj#pmated systems in compliance with all applicable building code requirements. (6) All backflow control devices are to be located or screened so that they are not visible from streets,parking lot or pedestrian areas. (7) Along utility rights-of-way, planting must not disrupt service or access to overhead or underground equipment.. ---teFial myst be UGed t9 PFGk4ide PAiGFOGlimate medifiGatiGR a-R�� GGFIG.ep atien."' TABLE 6.8.12.E.l:HILLSBOROUGH EDD PLANT SIZE&DISTRIBUTION THE NUMBER AND DISTRIBUTION • TREES WHICH MUST BE PLANTED, By SIZE,IS As FOLLOWS TREES PER ACRE • PERCENT• DISTRIBUTION• UNOBSTRUCTED OPEN SPACE TREES USE CATEGORY LARGE SMALL LARGE SMALL Residential: •Single-family,Two-family N/A N/A N/A N/A • Multi-family NIA N/A N/A N/A Accommodations&Food Service 39 15 70% 30% Administrative&Support Services 24 52 30% 70% Arts, Entertainment&Recreation 51 23 70% 30% Construction 51 23 70% 30% Educational Services 24 52 30% 70% Finance&Insurance 24 52 30% 70% Health Care&Social Assistance 24 52 30% 70% Information >24 52 30% 70% Management of Companies&Enterprises" 51 23 70% 30% Profession,Scientific&Technical Services 51 23 70% 30% Public Administration 24 52 30% 70% Real Estate,Rental&Leasing 51 23 70% 30% Retail Trade 39 15 70% 30% Transportation&Warehousing 64 26 70% 30% Utilities 20 10 70% 30% Wholesale Trade 64 26 70% 30% 110 Staff is suggesting this addition in order to be more clear about what constitutes a"Large"and"Small"tree. 111 Staff I suggesting this requirement be deleted because it is vague and Section 6.8.5(0)(4)and(5)contains requirements for Preferred Species and Prohibited Plants. Orange County,North Carolina—Unified Development Ordinance Page 6-65 Article 6: Development Standards 99 Section 6.9: Parking, Loading&Circulation F- TABLE HILLSBOROUGH EDD PLANTSIZE&DISTRIBUTION THE NUMBER AND DISTRIBUTION OF TREES WHICH MUST BE PLANTED,By SIZE,IS As FOLLOWS TREES PER ACRE • PERCENT• DISTRIBUTION • USE CATEGORY UNOBSTRUCTED OPEN SPACE TREES LARGE SMALL LARGE SMALL "Unobstructed Open Space"includes 112 all areas not covered by buildings, parking lots,driveways,sidewalks,and other impervious surfaces. Parking lot islands may be counted as Unobstructed Open Space if they are at least 500 square feet in area. TABLE 6.8.12.E.2: BUCKHORN AND ENO EDD PLANT SIZE AND DISTRIBUTION TREES PER ACRE OF: PERCENT OF DISTRIBUTION • USE CATEGORY UNOBSTRUCTED OPEN SPACE TREES LARGE SMALL LARGE SMALL Industrial 20 10 70% 30% Distribution 64 26 70% 30% Flex Space 23 20 55% 45% Office 51 23 70% 30% Retail 39 15 70% 30% Service 24 52 30% 70% "Unobstructed Open Space"includes 113 all areas not covered by buildings, parking lots,driveways,sidewalks,and other impervious surface. Parking lot islands may be counted as Unobstructed Open Space if they are at least 500 square feet in area. SECTION 6.9: PARKING, LOADING & CIRCULATION 6.9.1 Purpose&Intent The purpose of this Section is to promote the public health, safety and welfare, as well as to improve the quality of the built environment for Orange County by establishing suitable standards for motorized vehicle parking and loading areas that are appropriate for the varying urban and rural forms. 6.9.2 Applicability No Building Permit,Zoning Compliance Permit or Certificate of Occupancy shall be issued for uses of land, structures, and buildings, either initially or for a change in use or expansion,of an existing use, unless the off-street parking and loading requirements of this Section are met. 6.9.3 Prohibited Within Special Flood Hazard Areas Off-street parking and loading facilities are prohibited within Special Flood Hazard Areas. 112 Typographical error corrected. 113 Typographical error corrected. Orange County,North Carolina—Unified Development Ordinance Page 6-66 100 Article 6: Development Standards Section 6.9:Parking, Loading&Circulation (d) Aisles shall not be less than 12 feet wide for parallel parking. Figure 6.9.10.E:Drive Aisles rw 241 1*161' I 90 Degree 60 Degree 45 Degree Parallel (2) - -The angle shall be measured between the centerline of the drive aisle and the centerline of the parking space. (3) Parking is prohibited in the drive aisles. (E) General Standards (1) Except where there is attendant parking or for single-family dwellings, each parking space shall be so arranged that any vehicle may be parked and moved without moving another. (2) Off-street parking areas shall be designed so that no parking spaces, drive aisles, or vehicle turnarounds are located within adjacent right-of-way, (3) All parking spaces and maneuvering space,except for single-family dwellings, shall be surfaced with an all-weather paving material,such as asphalt or concrete, and maintained in a safe,sanitary and neat condition. Gravel parking areas may be permitted with the approval of the DAC. (4) Nonresidential parking spaces and multifamily parking spaces shall be striped on pavement or designated with some other form of permanent marking. (6) All off-street parking lots shall be equipped with a surface drainage system designed and constructed in accordance with Section 6.14 and approved by Orange County. (6) Vehicles parked in off-street spaces shall be prevented from encroaching on travel lanes, pedestrian ways, landscaping, or adjacent property by means of curbs,wheel stops or other appropriate means. (7) Ingress and egress to parking lots shall conform to the design standards of the North Carolina Department of Transportation. (8) Automobile turn arounds are required for single-family residential lots abutting an arterial or collector street roadway so that motor vehicles do not have to back onto into a public right-of-way. (F) Additional Standards for Economic Development Districts In addition to the other standards established in this Section,the following shall apply within the Economic Development Districts: (1) General Standards Orange County,North Carolina—Unified Development Ordinance Page 6-73 Article 6: Development Standards 1 01 Section 6.9: Parking, Loading&Circulation (a) The site must be a self-contained deV61opment capable of . I accommodating#4 its 114 own parking needs, except if shared parking is provided, as per(h) below'15. (b) It is preferable to place off-street parking to the side or rear of structures and away from streets and highways. (c) If the parking area accommodates a significant number of vehicles, it must be divided into a series of connected smaller lots not to exceed 75 cars separated by major landscape buffers. (d) Parking lots adjacent to and visible from streets must be adequately screened from view through the use of rolling earth berms, low screen walls,changes in elevations, landscaping or combinations thereof. (e) For a lot facing two streets(corner lot), do not locate parking at the comer facing the intersection. Visitor drop-off zones and parking must be provided near visitor entrances, and all-day parking must be separated from visitor and front entrance traffic. (g) Parking areas must be separated from structures by either a raised concrete walkway or landscaped strip,preferable preferably...both. (h) Where hours are compatible, shared parking is encouraged. (2) Entrances and Exits (a) Intra-site accessibility shall be provided 117, Vehicles must not be required to enter the street in order to move from one area to another on the same site. 4V (b) Entrances and exits must be restricted to side streets rather than providing direct access to arterial and collector roads. (c) Access points shall be located as far as possible from street intersections so that adequate stacking room is provided. (d) All access points shall be clearly marked with appropriate directional signage. (e) On public roads,access points are subject to review and approval by the NC Department of Transportation. Entrance and exit points shall be limited to one per street frontage. More than one access point may be permitted if justified by site configuration, trip generation, and traffic conditions, including the need for separate service and visitor/employee vehicular access, and/or one-way traffic movement. (3) Pedestrian/Vehicular Conflicts (a) Separate vehicular and pedestrian circulation systems shall be pro'v,ided. (b) Pedestrian linkages between uses in office, service, and retail areas shall be emphasized, including distinct pedestrian access between adjacent sites with sidewalks and crosswalks,and appropriate fighting and landscaping. 114 Correct typographical error. 115 Staff is suggesting the additional language in order to ensure there is not a potential conflict between the requirement of(a)and the possibility of(h). 116 Correct typographical error. 117 Staff is suggesting the additional language in order to provide more clarity to the requirement. Orange County,North Carolina—Unified Development Ordinance Page 6-74 102 Article 6: Development Standards Section 6.10:Roadway improvements&Multi-Modal transportation Figure 6.9.14:Off-Street Loading Dimensional Standards l "•!III � `� ` III (B) Off-street loading spaces shall be so located outside of the right-of-way and positioned so that a semi-trailer shall be able to use it without undue maneuvering. (C) Loading areas shall be located at the side or rear of a structure and screened from view from adjacent rights-of-way and single-family residential properties. (D) Permanent wheel stops or curbing shall be provided to prevent any vehicle using the loading area from encroachment on the required street yards,side yards, or adjacent property. (E) In no case shall a loading space hinder the movement of traffic or pedestrians. (F) All off-street loading areas shall be surfaced with an all-weather material such as . concrete or asphalt,designed to carry the heaviest vehicle loads that can commonly be expected. Consideration should be given to the weight of fire and sanitation equipment as well as delivery vehicles. Gravel loading areas may be permitted with the approval of the DAC. SECTION 6.10: ROADWAY • MULTI-MODAL TRANSPORTATION (A) Economic Development Districts The following standards shall apply within the Economic Development Districts: (1) Roadway Design/improvement (a) Whether improvements are required or not, adequate right-of-way must be dedicated to accommodate the projected right-of-way requirements as identified in adopted thoroughfare plans. New development must provide building setbacks as required in this Ordinance,from the proposed(new) right-of-way. (b) As required in Section 2.5.3, compliance with adopted access management and connectivity plans is required."$ ins Staff is suggesting that if the proposed amendment to Section 2.5.3 is adopted by the BOCC(currently scheduled for consideration on October 18,2011),the language shown here should be added to reinforce the requirement since Orange County,North Carolina—Unified Development Ordinance Page 6-77 Article 6: Development Standards 103 Section 6.10: Roadway Improvements&Multi-Modal transportation (c) Roadways and/or signalized intersections must be designed to maintain adequate service levels and assure user safety. (d) Highway design and siting must respond to present and projected capacity/volume deficiencies as identified in the Traffic Impact Study, if required. (e) New collector and local streets, serving residential or commercial development, must meet the specifications and standards contained in Section 7.8 of this Ordinance and/or NCDOT Construction Standards for streets with curb and gutter section. (f) On-street parking is not permitted on collector streets which will intersect with existing thoroughfares proposed as bicycle routes in the Regional Bicycle Plan. (g) In lieu of on-street parking,four-foot bike lanes must be delineated on each side(curb)of the street. (2) Pedestrian Circulation (a) Walkways or sidewalks must be provided along all new collector and arterial streets. (b) A minimum four-foot wide planting strip between sidewalk and curb shall be provided. (c) In all cases, public sidewalks, and walkways on private property, must be at least four feet in width and clearly marked with paint or a contrasting surface material. (d) In addition, barrier-free design must be incorporated into sidewalk and walkway systems for use by the handicapped. (e) Buildings must be sited in ways which make their entries or intended use clear to approaching users and visitors. Clear pedestrian entries from the street and not just from adjacent parking areas are to be provided. (f) Locate parking areas to the side or rear of buildings and relate building facades to the street, public sidewalks, and transit stops. (g) In the area between the public realm of the street and the private realm of the residential complex or commercial building, provide a transition consisting of a well landscaped front yard, a low fence or wall,a recessed entry,a courtyard,or other device that promotes privacy but visibility from the street. (3) Bicycle Circulation (a) Development projects which abut a proposed bicycle route must make provision for bicycle parking/storage as part of the comprehensive site development plan. (b) In addition,such facilities are to be provided in conjunction with designated transit stops. (c) Bicycle parking and storage facilities,as well as the installation and/or delineation of bike lanes must be done in accordance with the standards contained in The Regional Bicycle Plan- Durham and Orange Counties North Carolina Bicycle Facilities Planning and Design Criteria. right-of-way requirements(which is something a bit different)is referenced in(a). Adding the suggested text as(b) had automatically renumbered the requirements below it. Orange County,North Carolina—Unified Development Ordinance Page 6-78 104 Article 6: Development Standards Section 6.12:Signs Planning Department and all other related agencies(i.e. NC Department of Transportation). 6.12.12 Signs Permitted In Specific Zoning Districts The following signs shall be permitted in the zoning districts indicated, in accordance with all other provisions of this Section and specific standards for each sign established herein: (A) On-Premise Commercial Signs (1) These signs shall comply with ail state and county building codes and the National Electric Code. Clearance of signs is required from high voltage power lines and signs shall be located in such a way that they will maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code specifications, provided that no sign shall be installed closer than ten feet horizontally or vertically from any conductor or public utility guy wire. (2) On-premise commercial signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, 01, El, 1-1, 1-2, 1-3,AS, MPD-CZ, MHP- CZ and all of the Economic Development zoning districts" . (3) All on-premise commercial signs shall be setback ten feet from the front, side, and rear property lines or the edge of any existing or projected street right-of-way line whichever is greater. In cases where a property abuts a residential zoned parcel of property,the side or rear yard setback requirement shall be doubled. (4) Number of Signs Permitted (a) One on-premise commercial sign shall be permitted per parcel. However,one additional on-premise commercial sign may be permitted for parcels with frontage on more than one right-of-way in accordance with the provisions of this Section. (b) Under no circumstances shall more than one three-dimensional sign be permitted on-site. (d) For multi-tenant buildings and/or sites permitted as a conditional use or conditional zoning district, additional on-premise commercial signs or sign area may be permitted by the Board of County Commissioners. (5) Height of Signs (a) Pole signs shall be limited to a height of 24 feet with a mandatory ground clearance of eight feet from the normal or finished grade elevation of the property at the bass of the sign (b) Ground signs shall not exceed six feet in height from the normal or finished grade elevation of the property at the base of the sign (6) The allowable area for on-premise commercial signs shall be determined as follows: (a) Single or double-faced signs shall not exceed 32 square feet in area, per sign face. (b) Three-dimensional signs shall not exceed a maximum volume of 54, cubic feet with no dimension exceeding six feet. 119 Staff is suggesting this language be added. It should have been added as part of the UDO development process but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the UDO. Orange County,North Carolina—Unified Development Ordinance Page 6-93 Article 6: Development Standards 105 Section 6.12: Signs (8) in no case shall an off-premise commercial sign be located closer than 1,000 feet to an existing off-premise commercial sign, (9) Off-premise commercial signs are prohibited within the Major Transportation Corridor(MTC)overlay district. (10) No person may,for the purpose of increasing or enhancing the visibility of any off-premises commercial sign,damage,trim, destroy, or remove any trees, shrubs, or other vegetation in the following locations: (a) Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the North Carolina Department of Transportation; (b) On property that is not under the ownership or control of the person responsible for such work, unless the work is done pursuant to the express authorization of the property owner where the vegetation is located; and, (c) In any area where such vegetation is required to remain under a permit issued in accordance with this Ordinance. (C) Wall Signs (1) Shall either be mounted or painted on a building. (2) Wall signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, 01, El, 1-1, 1-2, 1-3,AS, MPD-CZ and all of the Economic Development zoning districts.120 (4) All wall signs shall be offset a minimum of ten feet from the corner of the building on which it is mounted. (6) Wall signs shall not protrude more that 12 inches from the face of building on which it is mounted. (6) Number of Signs Permitted (a) Only one wall sign shall be permitted per building facade. In cases where a building is located on a comer lot,an additional wall sign may be permitted on the building wall facing the second street right-of-way, subject to the requirements of this Ordinance. (b) For multi-tenant buildings permitted as a conditional use or conditional zoning district additional wall signs may be permitted by the Board of County Commissioners. (7) The allowable sign area shall be determined as follows: One square foot of sign area for every%foot of building length facing a public right-of-way, not to exceed 32 square feet. (8) A changeable copy sign may be utilized as a wall sign. (9) Wall signs shall not extend above the soffit,parapet, or eave line of the building to which it is attached. (D) Projecting Signs (1) Projecting signs shall be mounted on a building. 120 Staff is suggesting this language be added. it should have been added as part of the UDO development process but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the LIDO. Orange County,North Carolina—Unified Development Ordinance Page 6-95 106 Article 6: Development Standards Section 6.12:Signs (2) Projecting signs may be internally illuminated and shall comply with all applicable state and county building codes and the National Electric Code. (3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC- 2, CC-3,GC-4, EC-5,01, El, 1-1, 1-2, 1-3,AS, MPD-CZ and all of the Economic Development zoning districts 121 . (4) Projecting signs shall adhere to the minimum setback requirements established for all structures within the zoning district in which it is located. (5) Only one projecting signs shall be permitted per building facade even in cases of a building located on a comer lot. (6) The allowable sign area shall be determined as follows: (a) One square foot of sign area for every Y2 foot of building length,facing a public right-of-way, not to exceed 32 square feet in area. (7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least ten feet above finished grade. (8) Projecting signs shall not extend above the soffit,parapet, or eave line of the building to which it is attached. (9) Projecting signs shall not be located at the corner of a building except at right angles to the building fagade. (E) Window Signs (1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3,GC-4, EC-5, 01, El, 1-1 1-2, 1-3,AS, MPD-CZ and all of the Economic Development zoning distriCtS422. (2) Window signs shall be limited to a maximum of 30%of the total window area where the sign is to be located. (3) Window signs may be utilizeAr advertising specials or sales within the business,or displaying the name and other pertinent business information associated with the principal use. (4) Signs may be etched, painted or otherwise attached to be made a permanent addition to the pane of glass. (F) Awning Signs (1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2, CC-3, GC-4, EC-5, 01, El, 1-1 1-2' 1-3,AS, MPD-CZ and all of the Edonomic Development zoning districts 423. See Section 6.12.14(E)for additional standards for Awning Signs located in Economic Development Districts. (2) Awning Signs shall be located above the main entrance to a nonresidential land use and shall contain the name of the use. 121 Staff is suggesting this language be added. It should have been added as part of the UDO development process but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the UDO. 122 Staff is suggesting this language be added. It should have been added as part of the UDO development process but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the UDO. '23 Staff is suggesting this language be added. It should have been added as part of the UDO development process but was missed when the Sign Regulations were overhauled and the EDD Design Manual was incorporated into the UDO. Orange County,North Carolina—Unified Development Ordinance Page 6-96 Article 6: Development Standards 107 Section 6.12: Signs (v) All directional signs shall be located a minimum of five feet from any active recreational activity field or one feet from any established nature or man-made trail, and shall be set back a minimum of ten feet from all property lines, (f) Scoreboards (i) One scoreboard, not to exceed 144 square feet, shall be permitted for each athletic field 6.12.14 Additional Standards for Ecbnoinic Development Districts In addition to the overall sign standards established herein, the following specific standards shall apply in the Economic Development Districts: (A) General Standards (1) A sign plan must be submitted and approved as part of the comprehensive site plan or master plan. (2) For multiple use sites or buildings, unified directional/informational signs and the use of coordinated individual wall signs is the preferred approach to business identification. (3) Sign colors must not be overpowering but must accent the building which the sign identifies or on which it is mounted. (4) The light from an illuminated sign must not be permitted to shine into any road right-of-way or across property lines. CGRAM 124 (6) In addition to the prohibited signs in Section 6.12.6, the following types of signs are prohibited in the Economic Development District: off premises advertising signs, billboards, fee€sigRG, inflatable, and portable signs @Fe FFehibited.125 (7) CVnept fnr time -nd tern porn7utg cafe proNbit 12G (B) Identification Signs (1) Freestanding Identification Signs (a) Only one freestanding identification sign is permitted for each development. However, a second sign may permitted where a site has more than one vehicular entrance on different sides of the building. (b) A freestanding identification sign must be placed perpendicular to approaching vehicular traffic so that it is clearly visible and does not obstruct the view of any other identification or information sign. (c) A freestanding identification sign must be located at least 10-feet from any property line or driveway. (2) Wall Signs 124 Staff is suggesting removal of this restriction because Section 6.12.12(C)(1)permits Wall Signs to be painted on a building. Staff is suggesting that a painted wall sign not be restricted in the EDDs when they are allowed in all other non-residential zoning districts 125 Staff is suggesting that specific reference be drawn to Section 6.12.6(Prohibited Signs in all zoning districts). Since roof signs are prohibited in all zoning districts,staff suggests deleting the redundancy here. 126 Staff is suggesting this for deletion because it is already prohibited in Section 6.12.6(C). Orange County,North Carolina—Unified Development Ordinance Page 6-101 108 Article 6: Development Standards Section 6.12:Signs M QRlY ene wall sigR peF teRaRt 9F buildii;q eGcmpant is allowed, and only thA- na-m-t-4 gf the tA-mant-andIeF ideptifying syrAb9l may be displayed. (G) - wall 68mnp Mn-130t 1,;-1,-r-than the faSGla paRel OF fagade Gf an (3) Buckhorn EDD& Eno EDD Only The following criteria shall govern the number, size, and height of identification signs in the Buckhorn and Eno EDDs: TABLE 6.12.14.13.3. BLICKH•RN AND ENO EDD IDENTIFICATION SIGN STANDARDS Maximum Number of Signs 3 per use Maximum Number of Freestanding Signs I per use Maximum Total Square Footage of AM Signs 200 sq.ft. Maximum Size of An Sign 75 sq.ft. Maximum Height of Any Sign 12 ft. (C) Directional/informational Signs in lieu of the requirements contained in Section 6.12,11(G), the following requirements shall apply,to Directional/Informational signs located in Economic Development Districts:' (1) Information signs must be placed perpendicular to approaching traffic so that they are visible and legible. (2) Signs must be located outside of the site visibility triangle. (3) Information signs must be positioned to avoid confusing backgrounds, particularly when they are intended to direct vehicular traffic on or to-and-from the site. (4) Information signs may be placed no closer than six feet to the edge of a road or drive,and, in no case, may they be located within a street right-of-way unless they are erected by a governmental agency. (6) Information signs may not exceed four feet in height. (6) -Information signs may not contain.advertising material or exceed six 8quare feet in area. (D) Temporary Signs (1) Temporary signs may be used for construction and real estate information, and future tenant identification, in accordance with the provisions of this Section. (E) Awnings (1) The form and color of the awnings must be consistent. (2) A minimum eight-foot vertical clearance must be maintained. (3) Signs on awnings must be painted on or screen printed and limited to the awning's flap(valance)or end panels. (4) Canvas,treated canvas, matte finish vinyl, and fabric awnings are permitted. (6) Plexiglas, metal, and glossy vinyl illuminated awnings are prohibited in the Hillsborough EDD and strongly discouraged in the Buckhorn and Eno EDDs. 121 Staff is suggesting that Wall Signs in the EDDs be regulated in the same manner as Wall Sips in other non- residential zoning districts(see 6.12.12(C). 128 Staff is suggesting this additional language because the existing provisions for EDDs are different from,and sometimes conflict with,the requirements contained in Section 6.12.11(G). Orange County,North Carolina-Unified Development Ordinance Page 6-102 1 - I Article 10: Definitions 109 Section 110.11:Definitions Industrial, Light Manufacturing&processing operations 1,%,heFe Re adv-&seiMPaGt8 GC-Gur ,and tfim+ eiafeaEe oQc4 p d by the buildiRg-that occur entirely indoors and have limited impacts on surrounding properties, including, but not limited to, production of the following:food products (i.e. commercial bakery,candy, and beverages, including bottling); surgical, medical and dental instruments-, wood cabinets, furniture and upholstery; light machinery, including household appliances; toys, sporting and athletic equipment, excluding firearms and ammunition; and, paper products, such as bags, containers, and cardboard. Industrial, Medium Manufacturing&processing operations WheF9 R9 adveFse impaGtS 9GGUr , e beuRdaries Gf the44t of large finished products, including, but not limited to, the following: heavy household, commercial and industrial appliances; manufactured homes, recreational vehicles and related components-, automotive, farm, and construction machinery; and, commercial building components. Industrial, Heavy Manufacturing&processing bG44nicla-fies with a greater potential to impact surrounding properties, where a majority or large component of the operation may occur in the open air. Such uses may include, but not be limited to, the following: asphalt mixing plants; cement manufacturing or processing; commercial food processing (packing and rendering) plants, including meat, poultry and fish; and, concrete mixing plants,129 Infiltration The a4sorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into drinking water supplies. Institutional Use A nonprofit, religious,or public use,such as a church, library, public or private school, hospital, university, or government owned or operated building, structure, or land used for public purpose, Interested Person For purposes of quasi-judicial hearings an interested person is one who has standing as that term is defined by applicable North Carolina statutory and case law. Junk Yard An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling, buying or selling scrap or used materials such as paper, metals, rubber, rags, glass,wrecked, used or dismantled products and articles, such as machinery,vehicles,appliances and the like. Junked or Wrecked Motor Vehicles Motor Vehicles which do not display a current license plate or a current registration sticker and which either: (a)are partially dismantled or wrecked, or(b)cannot be self-propelled or moved in the manner in which originally intended to move. Kennel (Class 1) An establishment that maintains more than five but less than 20 animals of any species, excluding domesticated livestock, for the purpose of showing, competition, hunting, or sport. Kennel (Class 11) 129 Staff is suggesting that the definitions for the three types of Industrial uses(Light,Medium,and Heavy)be amended as shown. The existing definitions are somewhat ambiguous as"adverse impacts"can be difficult to define(and are not defined);for example,is an increase in traffic volume of 20 trips per day"adverse"? Some people might contend that it is. Staff believes that the proposed definitions more clearly state the intent of the use type and providing examples of the types of uses adds clarity to the definition. Orange County,North Carolina—Unified Development Ordinance Page 10-15 110 Article 10: Definitions Section 10.1:Definitions Obstruction Includes, but is not limited to, any dam,wall,wharf, embankment, levee, dike,pile, abutment,protection, excavation,channelization, bridge,conduit,culvert, building,wire,fence, rock, gravel, refuse,fill, structure,vegetation or other material in, along, across, or projecting into any watercourse,which may alter, impede,retard,or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. Office Use A use of property for professional and clerical activities associated with the operation of a business. Offices & Personal Services, Class I Offices and personal services that attract few customers or clients on premises other than employees, generate low traffic volumes(< 100 trips/day), and have no adverse impacts beyond the space occupied by the building. Offices & Personal Services, Class 2 Offices and personal services that generate medium traffic volumes (100-400 trips/day), and have no adverse impacts beyond the lot boundaries. Offices & Personal Services, Class 3 Offices and personal services that generate high traffic volumes(>400 trips/day),and have no adverse impacts beyond the zoning district boundary. Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With The Permitted Activity The disposal of limbs,stumps and construction debris associated with the permitted activity by means of outdoor fires. Open Space - (flexible development) "Primary Conservation Areas"and"Secondary Conservation Areas",as defined in Section 7.13,which are preserved through conservation easements or other restrictions in a flexible development subdivision. Open Space -(land use intensity) A. Open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below. B. Uncovered open space is total gross fssk1e;4---4130 land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space. C. Covered open space is usable open space closed to the sky, but having two clear unobstructed open or partially open sides. Partially open sides is to be construed as 50%or more. Examples of covered space are covered balconies,covered portions of improved roof areas,or space under buildings supported on columns or posts or cantilevered.The square footage countable as covered open space shall not exceed the square footage of the open space sides. Open Space Ratio The minimum square footage of open space required for each square foot of gross land area. This area includes parking and vehicular access areas and it can also include balconies, and roofs improved for recreation. Outdoor Advertising Industry The organizations that provide outdoor displays or display space on a lease or rental basis. Outdoor Lighting, Cutoff Fixture 130 The"land use intensity"system is applicable to both residential and non-residential uses/projects so having the word"residential"here is incorrect. Orange County,North Carolina—Unified Development Ordinance Page 10-27 Article 10: Definitions Section 10.1:Definitions A facility licensed by the appropriate state agency, as a group care facility for individuals who are -handicapped,aged,disabled,youthful offenders,addicted to alcohol or drugs, requiring professional health care, adult supervision, or rehabilitation. Remedy a violation To bring the structure or other development into compliance with State and Orange County laws and regulations. Repetitive loss Flood-related damages sustained by a structure on two separate occasions during any ten year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25%of the market value,or the tax value in the absence of recent comparative sales, of the structure before the damage occurred. Research FaCility136 A facility which accommodates research and research applications. Such facilities may include laboratcries, offices, and other facilities for research and development, as well as prototype production facilities for product creation. Prototype production shall be limited in scale to that necessary to fully analyze the merits of the product- Facilities may be housed in multiple structures in a cohesive,campus- like design, provided all research and development activities are conducted wholly indoors. Reservoir, Class I A body of water,such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped directly to a treatment plant or to a small intervening storage basin and thence to a treatment plant. Reservoir, Class 11 A body of water,such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped to a Class I reservoir prior to final entrance to a water treatment plant. Residential Development Buildings for residential use such as attached and detached single family dwellings, apartment complexes,condominiums,townhouses,cottages, and their associated outbuildings such as garages, storage buildings, and gazebos. Residential Floor Area The sum of areas for residential use on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade floor areas used for habitation and residential access. Not countable as floor area are: a) Open terraces, patios, atriums, or balconies b) Carports, garages, breezeways,toolsheds c) Special-purpose areas for common use of occupants, such as recreation rooms of social halls d) Staff space for therapy or examination in care housing e) Basement space not used for living accommodations f) Any commercial or other non-residential space, Residential Land Area All portions of a parcel or tract of land intended to support residential development of any classification (i.e. single-family, multi-family,etc),including accessory uses, and all land necessary to comply with the provisions of this Ordinance. With respect to subdivisions and Conditional District projects,this term shall 116 Research Facility is listed as a use in the Table of Permitted Uses(Section 5.2)but there is not a definition for the term and staff believes one is necessary since it is not an immediately obvious type of use. In response to a comment made at the November 21,2011 quarterly public hearing,the definition has been modified slightly to be more clear. Orange County,North Carolina—Unified Development Ordinance Page 10-31 112 Article 10: Definitions 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: rt rt Site Specific D'evelopme'nt 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 Zonirig 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. 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. Sparae Ratio, Open 132 Special Event A commercial activity attracting at least 20 people at any given time, that typically does not involve permanent structures,and does not occur more frequently than seven days in a 30-day period or more than 50 days per year. Examples of special events are craft shows, small festivals, concerts, medical or veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as picnics or receptions sponsored by a restaurant or caterer. Activities which are not included in this definition include: a) Events of a personal or non-profit,nature such as family reunions and church activities; 132 Staff is suggesting this definition be deleted because it is already located under"Open Space Ratio,"which is how this concept is referred to. Orange County,North Carolina—Unified Development Ordinance Page 10-44 [Excerpt of!Vfinutes Attachment 3 113 I DRAFT 2 3 MINUTES 4 ORANGE COUNTY BOARD OF COMMISSIONERS 5 ORANGE COUNTY PLANNING BOARD 6 QUARTERLY PUBLIC HEARING 7 November 21, 2011 8 7:00 p.m. 9 10 The Orange County Board of Commissioners and the Orange County Planning Board 11 met for a Quarterly Public Hearing on Monday, November 21, 2011 at 7:00 p.m. at DSS Offices, 12 Hillsborough Commons, Hillsborough, N.C. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners 15 Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee and Steve 16 Yuhasz 17 COUNTY COMMISSIONERS ABSENT: 18 COUNTY ATTORNEY PRESENT: John Roberts 19 COUNTY STAFF PRESENT: County Manager Frank Clifton,Assistant County Manager 20 Michael Talbert and Deputy Clerk to the David Hunt (All other staff members will be identified 21 appropriately below) - 22 PLANNING BOARD MEMBERS PRESENT: Vice-Chair Larry Wright, Alan Campbell, Pete 23 Hallenbeck, Mark Marcoplos, H.T. "Buddy Hartley", Rachel Phelps Hawkins, Maxecine Mitchell, 24 Johnny Randall and Andrea Rohrbacher 25 PLANNING BOARD MEMBERS ABSENT: Chair Brian L. Crawford, Judith Wegner, Lisa 26 Stuckey, 27 28 29 A. OPENING REMARKS FROM THE CHAIR 30 Chair Pelissier called the meeting to order at 7:02:21 PM. 31 32 B. PUBLIC CHARGE 33 The Chair dispensed with the reading of the public charge. 34 35 C. PUBLIC HEARING ITEMS 36 37 38 39 5. Unified Development Ordinance(UDO)Text Amendments-To review government- 40 initiated amendments to the text of numerous sections of the UDO. The amendments 41 relate primarily to processes and standards regarding economic development and also 42 include minor changes necessary due to the Comprehensive Plan Text Amendments 43 proposed in#4 above. 44 45 Perdita Holtz introduced this item and made a PowerPoint presentation. 46 47 Planning Board member Rachel Phelps Hawkins left at 9:05 p.m. 48 49 Unified Development Ordinance 50 Proposed Text Amendments 51 (UDO/Zoning 2011-06) 14 I November 21, 2011 2 Quarterly Pubic Hearing 3 Item C.5 4 5 Task 6 Propose amendments to the UDO that will: 7 - More strongly encourage quality, non-residential development in the EDDs and other 8 areas designated for non-residential growth while 9 - Balancing any adverse impacts to adjacent properties and the environment. 10 and 11 - Ensure the amendments work within the overall framework of the UDO and how Orange 12 County regulates development 13 but 14 - Do not propose changes to the Table of Permitted Uses (Section 5.2) at this time. 15 16 Amendment Types 17 - Clean-up/"Housekeeping" (green) 18 - Minor but more substantive than a clean-up (orange) 19 - Substantive (red) 20 - Each change footnoted with a rationale or reason for the change 21 22 Significant Changes 23 - Section 6.2.5 24 o Removes the requirement for a Class A Special Use Permit for projects in 25 designated growth areas that have more than 1 principal use on a zoning lot. 26 - Section 6.2.6 27 o Would now allow more than one principal structure on a non-residential zoning 28 lot greater than two acres in size if located in one of the designated growth areas. 29 - Many of the changes in red on the Article 3 zoning district charts are a result of the 30 proposed changes to these two sections. 31 - Section 6.3 32 o Replacing the Site Volume Ratios with: 33 o Floor Area Ratio 34 o Open Space Ratio 35 o Pedestrian/Landscape Ratio 36 - Proposed new ratios are shown in each relevant chart for the ED zoning districts 37 - Suggesting a slight increase in the allowed sound level limits. 38 - Suggesting allowing breaks in the Major Transportation Corridor(MTC) buffer—no more 39 than 50% of the interstate highway frontage. 40 - Suggesting requirements related to the landscaping and tree preservation plan for 41 projects in the EDD be removed 42 o Projects in EDDs to be held to same plan standards as projects located in other 43 areas of the county (including CITANs) 44 - Suggesting the Land Use Buffer Schedule for the EDDs be collapsed into far fewer 45 categories. 46 o In some instances, the required buffer width would be decreased 47 48 Ratio Explanations/Examples 49 Guiding Concept: 2 115 1 - Do these changes allow for reasonable development while boosting Orange County's 2 competitiveness in the region to attract non-residential development to the designated 3 growth areas? 4 Environment/Economic I Social 5 6 It's All a Balance 7 8 Recommendation 9 1. Receive the proposed amendments to the Unified Development Ordinance as detailed in 10 the abstract and attachments. 11 2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on 12 the proposed amendments. 13 3. Refer the matter to the Planning Board with a request that a recommendation be 14 returned to the BOCC in time for the February 7, 2012 BOCC regular meeting. 15 4. Adjourn the public hearing until February 7, 2012 in order to receive and accept the 16 Planning Board's recommendation and any submitted written comments. 17 Questions/Public Comment 18 19 Commissioner Yuhasz asked about the process for approving multi-building, multi-use 20 development. 21 Perdita Holtz said that very little land is zoned properly to allow for something like that. If 22 zoned correctly, the limiting factors would be complying with all of the requirements of the UDO 23 —stream buffers, landscaping, parking, etc. If there were a multi-building, multi-use and all of 24 the requirements were met, the applicant would dome in for a site plan approval, which is 25 administrative. 26 Commissioner Yuhasz asked if there was anything that regulated the appearance of 27 structures. 28 Perdita Holtz said that there is a section of the UDO that has architectural standards for 29 the EDDs and those are not proposed to be changed. 30 Discussion ensued about the height regulations. 31 32 Planning Board member Alan Campbell left at 9:21 p.m. 33 Commissioner Jacobs made reference to page 343 and 344 and said that he 34 appreciates the chart on decibel levels. He thinks that the noise ordinance using decibels is a 35 failure because there is no good way to judge the noise. He is very hesitant to raise decibel 36 levels from what exists. 37 Commissioner Jacobs made reference to page 352 and asked that information that was 38 provided regarding Buckhorn Village and how much of a disturbance in the interstate buffer was 39 reasonable be provided. He said that this seems larger to him. 40 Commissioner Gordon said that she appreciated the color-coding. She made reference 41 to page 310 and asked about the rationale for changing the requirements for something like a 42 public interest district. 43 Perdita Holtz said that Section 6.2.5 and 6.2.6 are going to be changed and will 44 potentially affect many zoning districts. The way things are referenced are changed and the 45 process is not changed at all. 46 Commissioner Gordon flagged this for now because it was not clear. 47 Commissioner Gordon asked several clarifying questions, which were answered by 48 Perdita Holtz. 49 50 3 .116 l A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs 2 to refer the matter to the Planning Board with a request that a recommendation be returned to 3 the BOCC in time for the February 7, 2012 BOCC regular meeting. 5 A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz 6 to adjourn the public hearing until February 7, 2012 in order to receive and accept the Planning 7 Board's recommendation and any submitted written comments. 8 VOTE: UNANIMOUS D. ADJOURNMENT OF PUBLIC HEARING 11 A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to 12 adjourn the meeting at 9:42 PM. 13 VOTE: UNANIMOUS 15 Bernadette Pelissier, Chair 17 David Hunt, 18 Deputy Clerk to the Board Attacbment 4 117 Excerpt of Approved Minutes MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 DECEMBER7,2011 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, Cedar Grove 7 Township;Alan Campbell, Cedar Grove Township Representative; Buddy Hartley, Little River Township Representative; Mark 8 Marcoplos,At-Large, Bingham Township;Lisa Stuckey,.Chapel Hill Township Representative;Johnny Randall,At-Large Chapel 9 Hill Township;Judith Wegner,Bingham Township Representative; 10 11 12 MEMBERS ABSENT: Rachel Hawkins, Hillsborough Township Representative; Andrea Rohrbacher, At-Large Chapel Hill 13 Township;At-Large;Peter Hallenbeck,Cheeks Township Representative;Maxecine Mitchell,At-Large Bingham Township; 14 15 16 STAFF PRESENT: Craig Benedict, Planning Director, Perdita Holtz, Planning Systems Coordinator, Tom Altied, Comprehensive 17 Planning Supervisor, Michael Harvey, Current Planning Superviisor; Shannon Berry, Special Projects Planner;Tina Love, 18 Administrative Assistant 11, 19 20 21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23 24 25 AGENDA ITEM 11: UNIFIED DEVELOPMENT ORDINANCE(UDO)TExr AMENDMENTS: To make a recommendation to the 26 BOCC on government-Initiated amendments to the text of numerous sections of the UDO. The 27 amendments relate primarily to processes and standards regarding economic development and also 28 include minor changes necessary due to the Comprehensive Plan Text Amendments proposed in#4 29 above. This item was heard at the November 21,2011 quarterly public hearing. 30 Presenter Perdita Holtz,Planner III 31 32 Perdita Holtz: Reviewed abstract and pointed out change made as a result of comments made at the public hearing. 33 34 MOTION made by Judith Wegner moved to approve the amendments. Seconded by Lisa Stuckey. 35 VOTE:Unanimous 36 37 38 39 iparative Examples of Noise Levels{Real World Examples and Decibel Levels)Industrial Noise Control Tom . _.. � _. •::.. -. ..; • Comparative Examples of Noise Sources, Decibels &Their Effects } VecibeF ,. ,. Noise Source Le el Jet take-off(at 25 meters) 150 Eardrum rupture 1 Aircraft carrier deck 140 Military jet aircraft take-off from aircraft carrier with afterburner at 50 ft 130 (130 dB). Painful.32 # Thunderclap,chain saw.Oxygen torch(121 dB). 120 times as bud as 70 i dB. }_ Average # Steel mill,auto hom at 1 meter.Turbo-fan aircraft at takeoff power at human pain 1 200 ft(118 dB).Riveting machine(I 10 dB);live rock music(108- 110 threshold. q i 14 dB}. 16 times as 7 loud as 70 dB. 8 times as Jet take-off(at 305 meters),use of outboard motor,power lawn loud as 70 ! mower,motorcycle,farm tractor,jackhammer,garbage truck.Boeing dB.Serious 707 or DC-8 aircraft at one nautical mile(6080 ft)before landing(106 100 damage dB);jet flyover at 1000 feet(103 dB);Bell J-2A helicopter at 100 ft possible in (100 dB). 8 hr exposure . 4 times as 1 Boeing 737 or DC-9 aircraft at one nautical mile(6080 ft)before loud as 70 landing(97 dB);power mower(96 dB);motorcycle at 25 ft(90 dB). 90 dB.Likely Newspaper press(97 dB). damage 8 # hr exp 2 times as Garbage disposal,dishwasher,average factory,freight train(at 15 loud as 70 meters).Car wash at 20 ft(89 dB);propeller plane flyover at 1000 ft dB. j (88 dB);diesel truck 40 mph at 50 ft(84 dB);diesel tram at 45 mph 80 Possible at 100 ft(83 dB).Food blender(88 dB);milling machine(85 dB); damage in i garbage disposal(80 dB). 8 hr i exposure. j Arbitrary base of comparison. Passenger car at 65 mph at 25 ft(77 dB);freeway at 50 ft from Upper 70s i pavement edge 10 a.m.(76 dB).Living room music(76 dB); radio or 70 are TV-audio,vacuum cleaner(70 dB). annoyingly loud to ; some i people. Conversation in restaurant,office,background music,Air conditioning Half as bud unit at 100 ft 60 as 70 dB.Fairly quiet i Quiet suburb;conversation at home.Large electrical transformers at One-fourth j 100 ft 50 as loud as t' 70 dB. One-eighth 3 Library,bird calls(44 dB);lowest limit of urban ambient sound 40 as loud as t 70 dB. One- 7 sixteenth as 7 Quiet rural area 30 loud as 70 dB.Very Quiet Whisper,rustling leaves 20 i Breathing 10 Barely audible [modified from http://www.wenet.netl hpb/dblevels.html]on 2%2000. SOURCES:Temple University Department of CiviUEnvironmental Engineering (www.temple.edu/departments/CETPlenvironl0-htmi),and Federal Agency Review of Selected Airport Noise Analysis Issues,Federal Interagency Committee on Noise(August 1992). Source of the information is attributed to Outdoor Noise and the Metropolitan Environment .M.G.Branch et,aL;.De artment of CV Planning,; Ci .of Las Angeles,..19 70_,-_ Attachment 6 119 Excerpt from Buckhorn Village's Class A Special Use Permit in Regards to the Allowed Break in the Major Transportation Corridor(MTC) buffer: a. The northern portion of the Project, running parallel with Interstate 85, shall abide by the following Open Space requirements: 1. There shall be a one hundred (100) foot undisturbed, natural bufferalong the northern property line running parallel with Interstate 85 or as approved herein, 2. Existing trees and vegetation may be thinned as follows: no less than fifty- four(54) trees an acre, existing trees and vegetation to create limited visibility within this buffer in approximately fifty (50) percent of the required Open Space, in accordance with the Orange County regulations and the following standards: a. These areas shall in part be utilized to develop stormwater retention ponds. Low level and/or aquatic vegetation is required in this area. There shall be no permanent structures erected within this area unless to support a public service. Fountains, berms are permitted. b. Disturbed areas will be replaced with indigenous, drought resistant vegetation including ground cover and 25% other material that will achieve a height of six (6) feet within five (5) years. 7- /Z e. Amendments to Unified Development Ordinance Text(UDO/Zoninq- 2011-061 The Board received the Planning Board recommendation, considered closing the public hearing, and making a decision on Planning Director initiated amendments to the Unified Development Ordinance. Planner Perdita Holtz introduced this item. She said that this was heard at the Quarterly Public Hearing, and there was no public comment, but several County Commissioners made comments and these are summarized on pages 2-3 of the abstract. As a result of these comments, staff made two revisions to the proposed amendments. The first was to revise the definition of "research facility" to provide greater clarity. This is on page 111 of the packet. Regarding the question about architectural design controls for Section 6.2.5 and 6.2.6, staff is proposing that the existing architectural design standards for economic development districts be amended to apply to all of the nodes that are subject to the proposed changes in those two sections. On pages 78-82, it has the revised language. NO PUBLIC COMMENT A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS Commissioner Gordon suggested some additional language and Perdita Holtz said that this would be appropriate. This language is, "manufacturing and processing operation of large finished products, which have limited impacts on surrounding properties." Such uses will include but not be limited to the following: heavy household, commercial and industrial appliances, manufactured homes, recreational vehicles and related components, automotive, farm, and construction machinery, and commercial building components." Commissioner Yuhasz said that this is too limiting if it is limited to the lot. It would be more appropriate to limit it to the zoning district. He said that it is very difficult to determine what an adverse impact is. John Roberts said that "adverse or limiting" impacts are very subjective and can leave the County open to lawsuits to anything involving any kind of impact. He cautioned about the lack of specificity. Frank Clifton said that if the Board wants to go with zoning districts, it is a policy decision on potential impacts. Commissioner Jacobs said that he would like staff to spend time reviewing this more closely. Chair Pelissier suggested bringing back this section and approving the remaining parts. AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, Orange County would like to more strongly encourage quality, non-residential development in its designated growth areas while balancing any adverse impacts to adjacent properties and the environment, and WHEREAS, County staff has conducted a review of development regulations contained in the Unified Development Ordinance and it has been determined that some development regulations limit development potential in growth areas intended for economic development, and WHEREAS, amendments to the Comprehensive Plan and terminology used therein have necessitated amendments to the Unified Development Ordinance in order to ensure consistency, and a + WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and WHEREAS, the County has found the proposed text amendments to be reasonably necessary to promote public health, safety and general welfare and to achieve the purposes of the adopted Comprehensive Plan, and WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7 of the Unified Development Ordinance, the Board of Commissioners of Orange County has found the proposed text amendments to be consistent with the goals and policies of the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. [Excepting the definitions of industrial, Light; Industrial, Medium; and Industrial, Heavy which are to be considered further at a subsequent meeting]. BE IT FURTHER ORDAINED that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to close the public hearing and adopt the Ordinance of Approval for the UDO text amendments contained within Attachment 2, except the three definitions on page 149 and ask staff to come back with appropriate language for those three definitions. VOTE: Ayes, 6; Nay, 1 (Commissioner Yuhasz) 8. Regular Agenda a. Timeline for the Emergency Services Workgroup The Board considered approving the timeline for the Emergency Services Workgroup. Assistant County Manager Michael Talbert said that on December 13, 2011 the Board of County Commissioners formed the Emergency Services Workgroup. On January 24th, the members were appointed. The Workgroup has been moving forward and had its first meeting on January 31 st. The result of that meeting is that the workgroup will meet every two weeks until some of the priorities are under control. There are six different functions of the charge that the workgroup will work on: VIPER system improvements Solutions relating to Fire Protection Districts, System improvements for EMS Ambulance response times including but not limited to equipment, staffing, facilities, and/or a strategic plan Improvements for the E911 Communications Center including but not limited to technology, equipment, staffing, training and/or a strategic plan Compare Orange County Emergency Services to similar sized counties in North Carolina including but not limited to staffing, equipment, technology, infrastructure, performance, and costs The Fire Departments' Strategic Plan A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger to approve the timeline for the Emergency Services Work Group. Commissioner Jacobs made reference to#3 and response times and said that it still does not mention appropriate data. Michael Talbert said that this was an oversight. Commissioner Jacobs said to add this to the charge. VOTE: UNANIMOUS