HomeMy WebLinkAboutORD-2012-047 Ordinance Amending the Unified Development Ordinance regarding review and permitting of solar arrays//• 1p f • a -el / 7--
Ordinance 2012-047 cz
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, the Orange County 2030 Comprehensive Plan encourages the use and
development of alternative, renewable energy resources throughout the County, and
WHEREAS, there has been in increase in requests to allow for the development of
solar arrays within the County, and
WHEREAS, the County has identified a need to improve and clarify existing
regulations governing the development of solar arrays, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and
WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion f Commissioner A hu seconded by
Com issioner the foregoing ordinance was adopted this
day of 1"12.
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 X ) , 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 14 day of
Clerk to the Board of Commissioners
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations governing the
review and development of solar arrays and utility facilities.
These amendments are based on comments /direction received by BOCC, Planning Board, and
Commission for the Environment members since the August 27, 2012 Quarterly Public Hearing.
As the number of affected pages associated with this proposal is extensive, and substantial text is
being modified, staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be added to
the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
• Green Strikethrough Text: Denotes existing text that staff is proposing to re- locate as
part of the proposed re- organization of existing regulations. The anticipated benefit is
the elimination of existing ambiguities and redundancies as well as grouping similar
standards into central sections of the UDO to avoid confusion.
• Green Text: Denotes existing text that has been re- located to a new /revised section of
the UDO as well as modifications recommended by the Planning Board at their
September S, 2012 regular meeting.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet.
Staff has included footnotes within the amendment package to provide additional
information /rationale concerning the proposed amendments to aid in your review.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text /sections downward.
ARTICLE 5: USES
SECTION 5.1: ESTABLISHMENT OF USE REGULATIONS
Except . as otherwise provided herein, regulations governing the use of land and structures are hereby
established as shown in the Table of Permitted Uses.
5.1.1 Prohibited Uses
Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section
5.2), as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are
prohibited and shall not be established within that district.
5.1.2 Uses Permitted As a Matter of Riaht
Within all districts the following uses are permitted as a matter of right:
(A) Above ground and buried utility lines for local distribution of electricity, telephone, and
cable television service, accessory and appurtenant apparatus such as poles, guy wires,
transformers and switching boxes.
(B) Cabinetized telephone and /or fiber optic equipment associated with the local distribution
of services. Setbacks from the right -of -way for such equipment may be reduced to 20
feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts
provided that the equipment is screened from view by landscape materials.
(C) Bona fide farms.
(D) Buildings and other temporary structures used in connection with the construction of a
permanent building. (See Section 5.4.4) '
(E) Neighborhood utility facilities located within a public right of way with the permission of
the owner of the right of way (State, City or Town).
(F) Off street parking as a required accessory use to a permitted use.
(G) Public and private streets and roads. Railroad rights of way.
(H) Water and sanitary sewer lines, gas and liquid fuel distribution lines.
(1) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary sewer pumping stations. (See Section 5.9.1) 2
(J) Electrical substations, switching and metering stations and associated transmission lines,
where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2).
(K) Solid waste collection facilities owned and operated by a public agency for the purpose of
disposal of household waste by Orange County residents. (See Section 5.11.1) 3
(L) Borrow pits (including reclamation by landfilling) associated with a State or Federal
highway project. (See Section 5.12.1).
5.1.3 Special Uses
(A) It is the intention of the Board of County Commissioners to create, and from time to time
amend, a list of Special Uses within the Table of Permitted Uses which, because of their
inherent nature, extent and external effects, require special care in the control of their
location and methods of operation.
1 This section of the Ub0 provides reference to various sections where standards governing the development of the
denoted land use are contained. Staff is adding the appropriate reference to this particular use
z. Staff is providing the appropriate section reference where development standards are located for this particular use
' Again, staff is providing the appropriate reference
Orange County, North Carolina — Unified Development Ordinance Page 5 -1
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Article 5: Uses
Section 52:Tab(e of Permitted Uses
• s • �
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—tlse may not 1��rmitt�as�Condifio►�l C�e t3�stric�S�Sectian 5.1.4(E)
Electric Gas and Li uid Fuel Transmissian Lines B g g � � B B B B g g g g B B B B B B
Water&Sanitary Sewer Pumping * * * * * * * * * * * * * * * * * * * *
�Solar Arrav—Larqe Faciiitv5 8 B B B B B B B B B B B B B B B B B B
�Solar Arrav—Public Utilitv 6 A A A A A A A A A A A A A A A A A A A
WASTE MANAGEMENT
Landfills(2 Acres or More)— A A A A A A A
� Landfills(Less Than 2 Acres)— B B B g g g g
Waste Management Facility; Hazardous&Toxic� A A A
MISGELtANEOUS
Accessory Uses * z � x x e v, x * * * * x x * x * * * * x
Airports, General Avietian, Heliparts, S.T.O.L� A A A A A A
Assembly Facility Greater Than 300 * �
Assembly Facility�ess Than 300 � *
Cemetery B " 8 B B B B 8 B
Church � � * * � * ,: * � � ,� * � � . * . � *
Clubs or Lodges; Social; Fraternal or llnion * � � * � � * �
Clubhauses '�
I
�The title of the land use categary is incansistent with the titte af Section 5.9.5 of the UDO with respect to the actual`transmission lines'approved through the I
Class B Speciai Use Permit process. Staff is adding the appropriate language to make these sections consistent with one another.
j This category is intended to allow far arrays that are not intended to be a public utility substation but generate more power than an array allowed as an
accessory use. Such a facility could be erected on a praperty with an existing residential ar non-residential land use if approved through the Class B Special Use
Permmit process ,
fi This category wouid include the Strata Solar array on White Cross Road. It is intended for large-scaie utitity projects intending to serve multiple users on a
local and regional basis. ,
�
, Orange Coun#y,Plarth Caralina—Unified Development Ordinance Page 5-10 ',
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Article 5: Uses
Section 5.2:Table af Permitted Uses
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#�S�t�i be na�ed fln Z�A�a�as 2on�g District"—CU(e.g.,E�B-2-CU}
Motor vehicle maintenance and repair(bady shop} C# "
Other affices and personal services;e.g.,
attorneys,watch artd jewelry repair,camputer
programming and data processing,emplayment � * � *
and travel agancies, advertising agencies, and
i
accountin en ineerin , architectural, and
9, 9 9
surve in oifices
Professional, Scientific&Technical Services � „ * �
Sector 54
Recreational facilities(Non-Profit) C# C# C# C#
Recrea#ional facilities{Profit) C# C# C# G#
Repair service,electranic and appliance G# C# "` *
Research facility ' "
Schoo{s,dance, art, and music * C# * *
Schools,elementary, middle, and high A A "
Schools vocational G# C# *
,
II� � � *
� Other Services(Hillsbarough EDD only)
�
TRANSPORTAT70N
� Bus terminals and garages C# '
� � � _ ,
Postal and parcel delivery services * *
' A F! �i �4 « •
' tew�s � � � *-
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( Raillbus passenger shelter * * * * *
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Orange Gounty,North Carolina—Unified Development Ordinance Page 5-18 i
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� Article 5: Uses
Section 5.2:Table of Permitted llses
• . • • � •• �
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• •
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��b�no�ed'tirt�oning�s as`Zating G`�stri�"-GtJ(e.g.,EC3&2-Gln
* ,
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- -
Surface and striacture parking as principal use
{When associated with a local or regional � , �
transportaiiors gaal such as mass transit or park-
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and-ride
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Transportatian and Warehousing(Sector 48,49) *
� * « x * x .
I iA/.�+nr nnd c. ni4nr�i c o�.e+�r.nc_ _ _ _ . _ _ _
WHOLESAlE TRADE
Wholesale Trade(Sector 42)
Durable Goods{see listing below} *
• Automative parts and supplies(In an # ,
enclosed buildin
• Electrical goods * *
• Furniture and home furnishings * *
• Hardware,plumbing,and heating * �
e ui inent and su lies
• Lumber and ather canstruction materials * *
• Machinery,equipment, and supplies � *
'�I • Sparting, recreational, photographic, and � �
hobb oods;#o s and su lies
Nan-Durable Gaods(see listing below) ',
• Apparel and piece goods � "
'Staff is relocating specific land use categories,denoted in ,from this section as ti�ey are not`Transparta#ion'related. They are being '
( maved ta the`Miscellaneous' land use category. The reiocated text is also denoted in green.
Orange County,North Caralina—Unified Development Ordinance Page 5-19 I,
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Article 5: Uses
Section 5.2:Table of Permitted Uses
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#Sh�be r�ted an Z�ing Aflas�"Zc�ning Di�#ric�'—CU(e.g.,Et�B 2-C3J) � .
� • Beer,wine,and dis#illed aicoholic � �
bevera es
• Groceries and related praducts " *
• Paper and paper products * '
• Pharmaceuticals ar�d cosmetics "` "
MISCELLANEOUS
Accessory uses * "` " "
� Electric,Gas',and Liauid Fuel Transmission lines � g B B
Elevated wa#er starage tank
(Permitted as accessory use without Special Use B B B * *
� Permit
Historic buiidings for non-residential/mixed use A A A A
Public utility statians and sub-stations,switching A A A A " '
stations,and tele hone exchan es
Radio and television transmitting and receiving � $ B ,
towers
( Solar Arrav—Larqe Facilitv B B B B
( Solar Arrav—Public Utilitv A A A A
Storage and warehousing, inside building ` *
Storage of goods,outdoars x .
� Accesso onl and sub'ect to screenin }
Water and sanitary sewer pumping stations * � ' ' ` *
$As with Section 5.2.1,we are ensuring the title af this land use category is consistent with Section 5.9.5 of the UDO I
Orange Counfy,North Carolina—Unifisd Development Ordinance Page 5-20
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Article 5: Uses
• Section 5.2:Table af Permitted Uses
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N+OTE:Applic�ti�s#or Can�itior�al 2onirtg[}is�must list speafic us�for c�r�sideratioNa�rovat
TELECOiAMUNiCAT{ONS
Telecommunication Tower—Stealth(75 feet or sharter) "
Telecommunication Towers(150 feet in height ar shorter) " �
Telecommunication Tawers(greater than 150 in height) "
TEMPORARY USES
Buildings, Porkable
Temporary Mobile Home(Custadial Care)
Temporary Mobile Home(Use during constructiontinstallatian af
permanent residential unit and for 30 days fallowing,issuance af
Certificate of Occu anc
Tw►�s�R�anoN
Bus Passenger Shelter *
Bus Terminals&Garages '`
Motor Freight Termina(s "
Motor Vehicle Maintenance&Repair �
Bod Shop)
Motor Vehicle Repair Garage *
Motor Vehicle Sales Rental �
New&Used
Motor Vehicle Services Statians "
Parking As Principle Use, SurFace ar Structure *
Petroleum Products: Storage&Distribution *
Postal&Parcel Delivery Services "
CITILITIES
Elevated Water Storage Tanks *
' Public Utility Stations&Sub-Stations,Switching Stations, „
Tele hone Exchan es,Water&Sewa e Treatment Plants
� Electric, Gas.and Liquid Fuel Transmission�ines "
Orange Gounty,North Carolina—Unified Development flrdinance Page 5-25
article 5: Uses
� Section 5.2:Table of Permitted Uses
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Nfll'E:A�ica#�ns#flr Conditional Zoning Districts must tist speafic uses for c:�sideratloNapproval
Water&Sanitary Sewer Pumping *
( Solar Array—Larqe Facilitv *
' � Solar Arrav—Public Utilitv *
WAS7E MANAGEMENF
Landfiils(2 Acres or Mare)
Landfills(Less Than 2 Acres)
WasEe Management�acility; Hazardous&Taxic
MISGELLANEOUS
Accessary Uses * "
Airparts, General Aviation, Heliparts, S.T.O.L.
Assembly Facility Greater Than 300 *
' Assembly Facility Less Than 300 *
Gemetery
Church "
Clubs or Ladges;Social; Fraternal ar l{nion Clubhouses *
Community Center "
Grematoria(4} *
Histaric Sites Non-ResidentialiMixed Use `
, Information(Sector 51) "`
Research Facility '
Research Lands&Icrstallations, Non-profit "`
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Orange Gounty,Narth Caralina—Unified Development Ordinance Page 5-26
Article 5: Uses
Section 5.Q: Standards furUU|iUem
(k) Transportation improvements oo deemed necessary bythe
Traffic Impact Study.
M The site shall be designed ho take advantage of multiple shared
use opportunities, which may include a Park and Ride facility for
public transportation.
(vi) Site Access
a� There shall teo minimum of two access points tothe
a/oa.
b. Access points shall separate student drop-off areas and
visitor parking from bus traffic.
C. |f school buses are used, then at least one access shall
be limited to school employee and bus use during
normal school hours.
d. All access points shall ba located to provide maximum
visibility and safety.
e. No driveway shall be permitted ine location that will
hinder or congest traffic movement ong public street.
6.$.1 Telephone Exchanges (without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary aevvmr pumping stations
(A) General Standards
(1) The design of structures shall conform as closely as possible to the character of
the area inwhich it is located.
(2) Building or structures shall conform to the minimum building setback distances
for the applicable zoning district and shall not exceed 800 square feet in area.
(3) All buildings and structures shall ba landscaped and screened according tothe
standards that follow:
(a) Buildings and structures which resemble residential accessory structures
must ba landscaped and maintained in the character ofaresidential
area.
(b) Any outside storage areas must be fenced with a minimum five foot
fence and the area screened from adjacent property according tothe
standards in this section.
(o) Lighting in and around these facilities shall be constructed and shielded
ooas not to shine directly on adjoining property used for or zoned for
residential purposes. Electrical and telephone service to the structure
shall be placed underground. Types of lighting tobe considered shall
include, but not be limited to, indoor lights when visible through windows,
outdoor lighting, automobile headlights and signs. Devices toshield
lighting may include shades, fences, shrubs, trees and natural
conditions.
(d) Parking areas and driveways used in connection with facilities
constructed pursuant tu this Section shall either be surfaced or shall be
located and maintained ino condition so that dust and dirt will not settle
on adjoining properties aea result of their use. Driveway entrances shall
be located in a manner that will create as few additional traffic hazards
as possible.
(e) Screening
Orange County, North Carolina — Unified Development Ordinance Page 5-72
Article 5: Uses
Section 5.9: Standards for Utilities
(i) Buildings, structures, equipment or material shall be screened by
either a durable masonry wall, or a fence, or by natural planting,
designed to be compatible with the character of adjoining
properties, in order to materially screen the uses within the
subject property from the view of adjacent properties.
(ii) Screening shall be required along any portion of the perimeter of
the parcel, easement, or leasehold located adjacent to property
zoned for residential use, except where such property is owned
or leased by a utility, and used by the utility for public utility
purposes.
(iii) Where screening is required, walls and fences shall be at least
five feet in height, but need not be greater than seven feet in
height, measured from the ground along the common lot line of
adjoining properties. Walls and fences shall be constructed and
maintained in a safe and sound condition.
(iv) Where natural planting is used as screening, a strip of land at
least ten feet in width shall be reserved for this purpose. The
planting strip shall be composed of an arrangement of shrubs
and trees. The shrubs shall be evergreen and shall be arranged
in two rows as minimum and planted at an initial height of at
least three feet, with distance between shrubs being not more
than five feet. The shrubs shall be of such variety that an
average height of at least six feet could be expected as normal
growth within no more than two years from the time of planting.
Trees, which may be eight evergreen or deciduous, shall
augment the arrangement of shrubs so that there will be a
screening effect of opacity to materially screen the use within the
subject property from the view of adjacent properties.
(4) The minimum required lot area for such uses shall be 5,000 square feet. The
facility shall be located on a parcel or easement across the parcel, (whether
owned or leased by the utility) which has been recorded with the Orange County
Register of Deeds.
(5) Access easements extending from an approved public or private road to the
facility shall be a minimum width of 30 feet.
5.9.2 Electrical Substations, Switching and Metering Stations, and Associated Transmission
Lines, Where Incoming Voltage Does Not Exceed 100 Kilovolts (kv)
(A) General Standards
(1) Perimeter fencing and setbacks for the utility structure shall be provided in
accordance with the National Electrical Safety Code.
(2) The components of the facility, including but not limited to towers, transformers,
circuit breakers, metering devices, and supporting latticework, shall be contained
within a geometric area not to exceed 12,000 square feet. .
(3) The facility shall be located on a parcel or easement across the parcel, (whether
owned or leased by the utility) which has been recorded with the Orange County
Register of Deeds.
(4) Access easements extending from an approved public or private road to the
facility shall be a minimum width of 30 feet.
Orange County, North Carolina — Unified Development Ordinance Page 5 -73
Article 6: Uses
Section 5.9: Standards for Utilities
(5) /\ Type E ufhnrshaUbeprov�ed along any po�konofthe
pehmebarofthe ponce|, easement, or leasehold |ooeb*d mdi4mant to property
zoned for residential uae, except vvhena such property is owned, leased or
consists of other uU|ib/ aomanlenta currently used for electrical distribution or
transmission purposes ornm other purposes.
(6) Existing vegetation within an easement, leasehold or parcel of a public utility may
be used to satisfy the landscaping requirements.
(7) Modification to or replacement of existing facilities shall be subject to the
requirements set forth in this Section. Pre existing facilities may remain during
construction of replacement haci|itiee, but shall be dismantled after the
replacement facility is in operation.
(8) The parcel or easement across the parcel, (whether owned or leased bythe
utility) on which the facility is located shall contain a minimum area of 5000
square feet.
(9) The applicant shall submit proof of liability insurance covering bodily inmury and
Property damage demonstrating a minimum coverage limit of $ 500,000.00 per
5.9.3 Public Utility Stations and Substations, Including Electric Substations, Metering, and
Switching Stations Receiving More Than 10O Kilovolts (kv)of Electricity, Water Treatment,
Sewage Treatment P| t Telephone Exchanges
(A) Standards for Class A Special Use Permits
(1) Submittal Requirements
In addition tothe information required by Section 2.7, the following shall be
submitted ou part of the application:
(a) A site plan showing all existing or proposed buildings, storage areas,
parking and access areas, topography ado contour interval of five feet,
any officially designated Onndp|oineoralluvial soils.
(b) Plans and elevations for all proposed structures and descriptions ofthe
color and nature of all exterior materials.
(c) Landscape Plan, sd the same scale ao the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material.
(2) Standards of Evaluation
o> Perimeter fencino and setbacks for the uti|bY structure shall |bt J[gYkde�
in accordance with the National Electrical Safety Code.
(b) The facility shall be located on a parcel or an easement across the
parcel, (whether owned or leased by the utility) which has been recorded
with the Orange County Register of Deeds.
(c) Access easements extending from an approved pblic or private road to
the facility shall be a minimum width of 30 feet.
enaa building io involved and diu proposed tobe located ina
residentially zoned district, it shall have the appearance suitable fora
residential d|mtrict, oritshall ba screened from adjacent residential land.
9 Staff is changing the wording to reflect the actual term utilized in Article 6' where required land use buffers are
established.
mThere iyuo mention o£ proof of liability insurance for major utilities. Staff lm proposing to add such u provision.
Proposed subsections (a), (b) and (e) are required for the small public utility land use category. Staff does not
believe the original intent of the Ordinance was tn eliminate these requirements from the larger, more intensive,
public utility land use category. The standards will apply here uawell.
Orange County, North Carolina — Unified Development Ordinance Page5-74
Article 6: Uses
Section 5.9: Standards for Utilities
MLe)_Where buildings are set back from road rights of way or from private
property lines bya distance of2OU feet, screening for the building will not
be required.
(f) A clearly visible voltage warning sign shall be olaced at the base of all
Pad-mounted transformers and substations.
(q) A Tvoe E Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement area, or leasehold area located
adlacent to Property zoned or utilized for residential use except where
such Property is currently used for electrical distribution or transmission
Existing ve-getation may be used to satisfy the landscaping
500,000.00 per occurrence.
kA/0____The site is of adequate size for the sewage disposal system proposed
and for the proposed use.
5J9.4 Elevated Water Storage Tanks
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition tothe information required in Section 2.7, the following shall be
submitted oo part of the application:
(a) A site plan showing the following:
(|) Location and size of all existing and proposed structures,
(ii) Existing and proposed topography oto contour interval offive
feet and
(iii) Any officially designated Ooodvvaya and floodp|oina.orthe
presence of alluvial soils.
(b) Plans and elevations for all proposed structures and descriptions ofthe
color and nature of all exterior material.
(c) A Landscape Plan, ed the same scale oa the site plan, showing existing
and proposed trees, plus shrubs, ground cover and other landscape
materials.
(2) Standards of Evaluation
(a) Adequate provision has been made, by means of fencing cxotherwise,
for the security of the site, including the provision ofa gate etthe access
entrance of access roads leading tu such facilities.
(b) A minimum lot size shall be adequate for the proposed use.
12 There was oo real mention of landscape requirements for the intensive public utility land use category. Staff is
amending the existing standards to ensure proper reference to the required perimeter landscaped area for such
projects to ensure compliance with other provisions of the 0D0. There may need ` however, to6eu re-evaluation as
to the necessary width of the required landscape area as this amendment is discussed.
"There iauo mention of proof of liability insurance for major utilities. Staff ia proposing to add such u provision.
Orange County, North Carolina — Unified Development Ordinance Page 5-75
Article 5: Uses
Section 5.9: Standards for Utilities
(cl Adequate provision has been made for the protection of adjacent
property from the dangers of collapse, fire, flooding or other menaces to
public health and safety.
(G) ---The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of $
500,000.00 per occurrence.
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) All existing and proposed structures within the site of the line,
(ii) All existing structures within 50 feet of the boundaries of the site,
and
(iii) Officially designated floodways and floodplains.
(b) A plan of erosion and sediment controls for the site.
(c) Typical cross sections for the installation showing elevation of all
structures and existing and proposed topography.
(d) Plans and elevations of all proposed structures and descriptions of the
color and nature of all exterior materials.
(e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2) Standards of Evaluation
(a) Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
(b) The public convenience and necessity shall be served by this proposed
installation, if installed as proposed.
(G) —The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of $
500,000.00 per occurrence.
5.9.6 Solar Array
(A) Standards for Accessory Use
(1) General Standards
Residential and non - residential land uses shall be allowed to develop onsite solar
arrays as a customary_ accessory use subject to submittal of a professionally
prepared site plan in accordance with Section 2.5, demonstratinq compliance
with applicable standards as well as the following:
(a) Nothing detailed herein shall be construed as the County mandating or
requiring property owners adjacent or in close proximity, to a parcel
Orange County, North Carolina – Unified Development Ordinance Page 5 -76
Article 5: Uses
Section 5.9: Standards for Utilities
where a solar array is being erected to manage remove or otherwise
alter foliage to guarantee solar access to a proposed array. 14 —
(b) Capacity. Volume and Area Limits
Solar Arrays, whether building or ground mounted shall conform to the
following limits:ra
(i) Residential
a. Have a rated capacity consistent with local utilit
providers net metering policy not to exceed 20 kilowatts
(for electricity)
b. Have a rated storage volume of less than or equal to 240
gallons (for heated water): or
c.__ Have a collector area of less than or equal to 1,000
square feet (for thermal),
(ii) Non - residential
a. Limits shall be based on the average electricity, storage
volume, and thermal collector area necessary to support
the needs of the proposed facility,fi
c) Device(s) shall provide power for the principal use of the property on
which it is located and shall not be installed and /or used solely for
income generation purposes where power is sold either to a utility
provider or other similar third party entity.
This provision shall be in no way construed as limiting the ability of the
Property owner to:
(i) Transfer or sell excessive power generated onsite back to the
utility provider or other third party entity or
(ii) Receive credit from a local utility provider for the power
generated onsite as a means to offset utility bills. 18
(d) The property owner shall provide the Countv with written authorization
from the local utility company acknowledging and approving the utility
connection.
(e) The site plan shall denote the location of any batteries or other similar
storage devices onsite. 19
14 Staff added this statement in an effort to address some concern that, by adopting these standards, the County
would in effect be proactively requiring adjacent property owners to eliminate foliage in order to ensure access to a
solar array. From my standpoint the sole purpose of this amendment is to allow those individuals inclined to erect
alternative energy devices on their property an opportunity to do so without necessarily impacting adjacent land
owners.
15 In development subsection (b) (i) staff reviewed standard utility deals with private citizens on what is typically
erected in a residential and non - residential setting. This included reviewing the matter with private citizens who
have installed alternative energy devices on their property and a discussion on the typical limitations imposed with
respect to the ultimate power generated on -site.
16 Amendment to reflect modification of proposed regulation made at the September 5, 2012 Planning Board
meeting in green text. Staff concurred with the proposed modification.
17 Limits on non- residential capacity were modified to address a Planning Board concern over different uses having
different minimum power needs. As a result, capacity will be decided on a case by case basis.
" Staff added the regulation to prevent the erection of solar arrays solely for the purpose of income generation,
especially on residentially zoned property.
19 This provision was added to ensure emergency responders are aware of the location of batteries or other storage
devices on -site in the event of an emergency.
Orange County, North Carolina – Unified Development Ordinance Page 5 -77
Article 5: Uses
Section 5.9: Standards for Utilities
(f) Panels shall be designed and oriented on the property such that
concentrated solar radiation or glare shall not be directed onto nearby
properties or road rights -of -way, or otherwise create a safety hazard.
(g) As part of the site plan submittal the applicant shall be required to
submit documentation detailing the proposed array will not alter, or
require alteration of, any condition imposed as part of a previous
approval allowing for the development and use of the property.'
(h) All mechanical equipment associated with, and necessary for, the
operation of the array shall be shielded to avoid damage. This
shieldinq may take the form of a small enclosed structure properly
vented to allow for air flow, fence, or landscape hedge. z'-
(i) Mechanical equipment shall not be located within the required setback
areas for the underlying zoning district as detailed within Article 3 or
within required landscaped areas as required under Section 6.8.
(i) Before commencement of earth disturbing activities, the property owner
must acknowledge that he /she is the responsible party for owning and
ensuring the perpetual maintenance of the solar array.
f k) In cases where a solar array has not been in operation for a period
of 6 months due to a malfunction or other defect the property owner
shall affect repair(s) to the system within 30 days of notice from the
County in accordance with Section 9.5 of the UDO.
In cases were the array has been deemed unsafe it shall be
removed or repaired immediately in accordance with Section 9.5.5
of the UDO. z
(2) Standards for Building Mounted Devices:
a) An arrav may be mounted on the roof of a principal or an accesso
structure located on the property.
(b) The array shall be viewed as an extension of the roof structure and, as a
result, shall not exceed the maximum building height detailed within
Article 3 for the underlying zoning district where the property is located.
(c) As part of the building permit review process, structural engineering shall
be grovided demonstrating the roof can support the weight of the
proposed array.
(3) Standards for Ground Mounted Devices:
(a) Ground mounted system shall not exceed a maximum height of 15 feet
from finished grade.�t
(b) The surface area of a ground mounted system, regardless of the
mounted angle, shall be calculated as part of the overall impervious
20 Modified to address concerns articulated at the August 27, 2012 Quarterly Public Hearing. Revised language
denoted with bold text.
21 Modified to address concerns articulated at the August 27, 2012 Quarterly Public Hearing. Revised language
denoted with bold text and eliminates proposed fence height requirements and hedge standards.
22 This was formerly Section 5.9.6 (1) 0) of the August 27, 2012 Quarterly Public Hearing package. It has been
renumbered due to previous formatting modifications. During the hearing concern was expressed over the proposed
language being too vague. The revision, denoted with bold text, attempts to address those concerns.
23 There is some concern among Planning Board and Commissioner for the Environment members that a 15 foot
height limit is too small, specifically this would limit the angle of the array to a point where it might not be able to
function properly. This viewpoint was also articulated at the August 27, 2012 Quarterly Public Hearing. Staff
believes the proposed height limit is sufficient and would allow for the erection of an array that would be able to
function properly.
Orange County, North Carolina -- Unified Development Ordinance Page 5 -78
Article 5: Uses
Section 5.9: Standards for Utilities
surface area for the parcel in accordance with the provisions of Section
4.2.
M Arrays shall be allowed to be erected anywhere on the property outside
of established setback areas, designated open space areas, and
well/septic system setback areas as identified by Orange County
24
Environmental Health.
(d) Arrays shall observe the principal setback requirements of the underlying
zoning district where the Property is located as detailed within Article 3.
In the case of an array erected on a non-residentially zoned Property, the
array shall not be located within any required setback, landscape, or
buffer area.
(e) If a ground mounted array is removed, any earth disturbance shall be
graded and reseeded within 60 days.
(13) Standards for Solar Array — Large Facility (Class B Special Use Permit)
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
access areas, topography at a contour interval of five feet, any officially
designated floodolains or alluvial soils. 14�)
(b) An assessment of the power needs for all structures on the property and
the anticipated power generated by the proposed array.
(c) The Proposed arrays distance from all structures located on the Property.
(d) Plans and elevations for all proposed structures and arrays as well as
descriptions of the color and nature of all exterior materials.
(e) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(f) A soils report denoting the types of soil on the Property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
W(a). The proposed array shall not require the alteration of existing land use(s
to accommodate development.
(b) All on-site utility and transmission lines shall, to the extent feasible, be
placed under-ground.
(c) The height of Proposed arrays and support structures shall not exceed
the height requirements of the underlying zoning district where the
Property is located as detailed within Article 3.
24 There was significant discussion about viable locations for arrays at the Public Hearing, Planning Board, and the
Commissioner for the Environment meeting. The revised language denoted in green text would allow for the
erection of an array anywhere on the property outside of established setback and open space areas. Staff has
included language referencing required setbacks for utility systems (i.e. septic and well areas) enforced by the
County Health Department as well.
" Additional language added to address concerns made at the August 27, 2012 Quarterly Public Hearing. Revised
language denoted with bold text
Orange County, North Carolina — Unified Development Ordinance Page 5-79
Article 5: Uses
Section 5.9: Standards for Utilities
(d) Individual arrays /solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights -of -way.
(e) A clearly visible warning sign concerning voltage must be placed at the
base of all pad - mounted transformers and substations.
(f) All mechanical equipment, including any structure for batteries or storage
cells, shall be completely enclosed by a minimum eight (8) foot high
fence with a self - locking gate, and provided with screening in accordance
with the provisions of Section 6.8.
(g) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of $
500,000.00 per occurrence.
(h) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
Property zoned, or otherwise utilized for residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes. zrs-
Existing vegetation may be used to satisfy the landscaping requirements.
(C) Standards for Solar Array – Public Utility (Class A Special Use Permit)
(1) Submittal Requirements
In addition to the information reauired by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing all existing structures on the property, any
proposed buildings or structures that are necessary to support the
proposed array, existing and proposed storage areas, parking and
access areas, topography at a contour interval of five feet, any officially
designated floodplains or alluvial soils � -
(b) Plans and elevations for all proposed structures and arrays as well as
descriptions of the color and nature of all exterior materials.
(c) Landscape Plan at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(d) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
(a) All on -site utility and transmission lines shall, to the extent feasible, be
laced underground.
(b) The height of proposed arrays and support structures shall not exceed
40 feet.
26 There is some question as to the appropriateness of the proposed land use buffer. The Type D buffer would
require a 50 foot buffer. Some Planning Board members asked if this could be reduced even more. Staff is seeking
BOCC member input.
27 Additional language added to address concerns made at the August 27, 2012 Quarterly Public Hearing. Revised
language denoted with bold text
28 The height limit for a public utility is different than a solar array -large system due to the purpose and intent of the
development. A solar array- public utility is intended to generate power to serve a local /regional clientele while the
large system is designed to allow for more of a local power usage off -set. Also staff considers a solar array -large
Orange County, North Carolina — Unified Development Ordinance Page 5 -80
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
c) Individual arrays /solar panels shall be designed and located in order to
prevent reflective alare toward anv inhabited buildinas on adiacent
properties as well as adjacent street rights -of -way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by _a
minimum eight (8) foot high fence with a self - locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of $
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
Property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant aarees to the following as conditions in case the utility is to be
abandoned:
(a) The owner /operator of the facility is required to notify the Orange County
Planning Director in writinq 60 days prior to planned the cessation or
abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(b) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Erosion Control permits to re- stabilize the property. The
time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
(f) Upon removal of the facility, the Department shall cause a notice to be
recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
system to potentially be located on property where there are existing land uses. A solar array- public utility is
considered to be a principal use of property.
Orange County, North Carolina — Unified Development Ordinance Page 5 -81
Article 10: Definitions
Section 1O,1:Definitions
and limited (not to exceed 25% of any Node) higher density residential uses.
Commercial Transition Activity Node Land
Land focused on designated road intersections within either a 10- or 20-year transition area that is
appropriate for retail and other commercial uses.
Community Center
A new or existing facility that is owned or operated by a non-profit group from the community for non-
commercial activity.
Comprehensive Plan
An internally consistent and compatible statement of policies for the long term, physical development of
that portion of Orange County under County jurisdiction, consisting ofa statement ofdevelopment
policies and maps and text setting forth objectives, principles, standards and plan proposals for physical
development.
The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County
such aoo township, a watershed nran interstate highway interchange. Technical information and/or task
force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix
oforoma supplement are also considered part Vf the Comprehensive Plan.
Concentrating Solar Thermal (CST) Devices
Systems that use lenses or mirrors, and often tracking systems-to focus or reflect a large area of sunlight
into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat
source for either a conventional r)ower plant, such as a steam power plant, or a power conversion unit,
such as a sterling engine. Also known as Concentrated Solar Thermal (CST)
Conditional Districts
AzoninQ technique authorized by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed
upon individualized development conditions as part of the legislative rezoning process. The Conditional
Use District and Conditional Zoning Districts are subsets of the term Conditional Districts. Land may be
placed in a conditional district only upon petition of all of the owners of the land to be included; said
petition must be approved following the procedures set forth in Section 2.9 of this Ordinance,
Conditional Use District (CUD)
A floating zoning district that has no permitted uses. Applications for a CUD must link the CUD toa
general use zoning district and conform with all applicable development regulations for the corresponding
general use zoning district. CUDs require approval of both a rezoning application and Class A Special
Use Permit; see Sections 2.9.1 and 3.8.
Conditional Zoning District (CZD)
A specific floating zoning district with specific permitted uses, as detailed within this Ordinance..
Controlled Access Highway
A state or city highway, or section thereof, especially designed for through traffic and over, from, orho
which highway owners or occupants of abutting property, or others, shall have only controlled right of
easement ofaccess. For the purposes of this Ordinance, Controlled Access Highway shall be Interstate
85, Interstate 40, and any area located within the Major Transportation Corridor (MTC) overlay district.
County
Orange County Government.
Custodial Care
A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in
meeting personal rather than medical needs, which is not intended to provide specific therapy as the
result ofen illness or injury and does not constitute skilled care. The term shall refer to personal care that
does not require the continuing attention or supervision of trained, medical, or paramedical personnel.
Orange County, North Carolina — Unified Development Ordinance Page lu-b
Article 10: Definitions
Section 10.1: Definitions
Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home
landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative
pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as
Christmas trees, pumpkins and flowers are permitted in the outdoor display area.
General Use Zoning District
The various zoning districts contained in Article 3 of this Ordinance that are not Conditional Districts.
Conditions cannot be applied to general use zoning districts.
Glare
Light emitting from a luminaire, solar panel, glass, or other similar reflective surface with an intensity great
enough to reduce a viewer's ability to see or to cause annoyance, and, in extreme cases, causing
momentary blindness.
Golf Course
A tract of land designed and laid out for the game of golf. Golf courses include, but are not limited to
courses open to the general public for a daily user fee, private courses available to members and their
guests, courses proposed as single, independent uses, as well as those planned as an accessory use
which is part of a residential or recreational development.
A golf course development may also include the following accessory uses and building typically
associated with such a facility: club house; restaurant/snack bar; barroom; prop shop; billiards; table
tennis, spa /health club; racquetball, hand ball, and tennis courts; swimming pool; locker rooms; and real
estate sales office.
Goods, Incidental
Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. Beautician
selling hair products.
Gross Floor Area
The area within the perimeter of the outside walls of a building as measured from the exterior face of the
exterior walls or from the centerlines of walls separating two buildings, with no deduction for hallways,
stairs, closets, thickness of walls, columns, or other interior features.
Group Care Facility
A facility licensed by the appropriate state agency, as a group care facility for from seven to fifteen
unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are
undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This
category includes group homes for all ages, half -way houses, foster and boarding homes. The following
shall not be eligible for admission to a group care facility:
a) Persons addicted to or recuperating from the effects of an addiction to drugs or alcohol;
b) Persons adjusting to non - prison life, including but not limited to, pre - release, work release,
probationary programs and juvenile detention centers.
Group Development
One or more principal structures built on a single lot, tract or parcel of land and designed for occupancy
by more than one separate family, firm, business or other enterprise.
Habitable Rooms
Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms,
toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms,
and similar areas are not considered habitable rooms. .
Hazardous Waste Management Facility
A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery,
or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North
Carolina Department of Environment and Natural Resources.
Orange County, North Carolina — Unified Development Ordinance Page 10 -13
Article 10: Definitions
Section 10.1: Definitions
Overlay Zoning District; Overlay Zone
A special zoning district that applies supplemental standards in addition to the underlying zoning
requirements.
Package Treatment Plant
Privately owned and operated sewage treatment facility. These plants are prefabricated by the
manufacturer and delivered as completed units to the clients.
Parking Deck
A special structure of two or more levels designed to be used for the temporary storage of motor vehicles.
Pedestrian /Landscape Ratio
This is the minimum square footage of pedestrian access and landscaped areas in a non - residential
development for each square foot of gross land area.
Pedestrian /Landscaped Space
Pedestrian /landscaped space is part of total open space appropriately improved and located as outdoor
space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped
areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for
incidental service, maintenance or emergency actions.
Personal Services
An establishment engaged in providing services generally involving the care of the person (e.g.
hairdresser, tailor).
Phase of Grading
One of two types of grading: rough or fine.
Photovoltaic (PV
Technology that converts light directly into electricity.
Portable Building
A building not intended for residential use consisting of one or more modules constructed off the ultimate
site of use and transported to that site.
Post -FIRM
Development for which construction started on or after March 16, 1981.
Pre -FIRM
Development for which construction started before March 16, 1981.
Premises
A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded
as a unit of real estate.
Principally Above Ground Structure
A structure whereby at least 51 % of the actual cash value of the structure is located above ground.
Principal Structure
Any building or other structure occupied or used for the purpose of conducting the principal use of the
property.
Principal Use
A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary
and chief purpose for which a lot is used.
Orange County, North Carolina — Unified Development Ordinance Page 10 -29
Article 10: Definitions
Section 10.1: Definitions
stenciling of the name of a non - residential establishment and may include hours of operation, phone
numbers, and other pertinent information associated with the non - residential land use.
■ An example of a window sign includes:
Site Specific Development Plan
A plan approved by the Orange County Board of Commissioners in accordance with the Class A Special
Use Permit process and which describes, with reasonable certainty, the type and intensity of use for a
specific parcel or parcels of property located within the County's zoning jurisdiction. A Site Specific
Development Plan shall be deemed approved upon the effective date of the Board of Commissioners'
action.
Site Plans, Special Use Permits, Conditional Use Districts, Conditional Zoning Districts, and Preliminary
Subdivision Plats may be approved as Site Specific Development Plans in accordance with the provisions
of this Ordinance. Site Specific Development Plans are required only where an applicant wishes to vest
his property rights for a period longer than that otherwise permitted by this Ordinance.
Solar Array — Accessory Use
Include any photovoltaic, concentrated solar thermal, or solar hot water devices that are accessory to,
and incorporated into the development of an authorized use of the property, and which are designed for
the purpose of reducing or meeting on -site energy needs.
Solar Array — Large Facility
A solar facility located on a developed or undeveloped parcel of property producing more than 20 but less
than 100 kilowatts of power that converts sunlight into electricity, whether by photovoltaics (PV),
concentrating solar thermal (CST) devices, or various experimental solar technologies, with the purpose
of supplying power to existing land use(s) as well as the wholesale or retail sale of generated electricity
Solar Array — Public Utility
A utility -scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV),
concentrating solar thermal (CST) devices or various experimental solar technologies, producing more
than 100 kilowatts of power with the primary purpose of wholesale or retail sales of generated electricity.
Solid Waste Disposal Facility
Any facility involved in the disposal of any hazardous or non - hazardous refuses or sludge from a waste
treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges
generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and
other material that is either discarded or is being accumulated, stored or treated prior to being discarded,
or has served its original intended use and is generally discarded, including solid, liquid, semisolid or
contained gaseous material resulting from industrial, institutional, commercial and agricultural operations,
and from community activities.
Solid Waste Disposal Site
Any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method.
Orange County, North Carolina — Unified Development Ordinance Page 10-44
6■
IMF
Public Hearings
-; �Y- a. Unified Development ordinance Text Amendments (closure & Action Tearing) — solar
Arrays
The Board received the Planning Board's recommendation, closed the public hearing} and considered
a decision on Planning Director initiated text amendments to the Unified Development Ordinance (UDO)
regarding the review and permitting of solar arrays.
Planner Michael Harvey reviewed this item. Attachment 2 establishes the standards for the array. The
accessory use of the solar array is limi