HomeMy WebLinkAboutAgenda - 01-24-2013 - 6c1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 24, 2013
Action Agenda
Item No. 6 -c
SUBJECT: Amendments to Unified Development Ordinance Text— Incorporate Changes
Suggested by MuniCode (UDO /Zoning 2012 -15) - Public Hearing Closure and
Action (No Additional Comments Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Comprehensive Plan /Future Land Use
Map and Unified Development Ordinance
(UDO) Amendment Outline Form
(UDO /Zoning- 2012 -15)
2. Ordinance Approving Amendment
3. Excerpt of Draft Minutes - November 19,
2012 Quarterly Public Hearing
4. Excerpt of Draft Minutes — December 5,
2012 Planning Board Meeting
INFORMATION CONTACT:
Perdita Holtz, Planner III, 919 - 245 -2578
John Roberts, County Attorney, 919 - 245 -2318
Craig Benedict, Planning Director, 919 -245-
2592
PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and
make a decision on Planning Director initiated text amendments to the Unified Development
Ordinance (UDO) to incorporate changes suggested by MuniCode, a corporation retained by
Orange County to codify the County's ordinances.
As a reminder, the reconvening of this hearing is solely to receive the Planning Board
recommendation and any additional written evidence submitted since the November 19, 2012
Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public
or the applicant. While the BOCC may ask staff questions related to the review of a given item,
comments from the public shall not be solicited.
BACKGROUND: As part of the codification process for all Orange County Ordinances, MuniCode
has completed a legal review of the UDO. As a result, MuniCode has suggested a number of
corrections /updates to State statute /rule references. Except for the change suggested in Section
6.16.4, the changes are not substantive, but the text amendments must go through the normal
amendment process since the UDO does not allow for manifest errors to be corrected without a
formal amendment.
2
The language change suggested in Section 6.16.4 in regards to the requirement for an
environmental impact statement is being proposed because §113A -8(b) of the North Carolina
General Statutes states that major development projects for which an environmental impact
statement (EIS) is required by a Federal or State agency shall be exempt from EIS submittal
requirements of a local government. However, since the local government can require that the
applicant submit a copy of the EIS submitted to the Federal or State agency, staff is suggesting that
said EIS may be required.
Attachment 1 contains additional information and analysis on these amendments and Attachment 2
contains the ordinance approving the proposed amendments along with the amendments in "track
changes" format (red text for proposed text and red stFikethm gl� for proposed deletions). Unless
otherwise noted on a page, only pages with proposed changes are included.
Public Hearing
The proposed UDO amendments were heard at the November 19, 2012 joint public hearing
(see draft Minutes in Attachment 3). No members of the public spoke on the proposed UDO
amendments and no substantive questions were asked.
Procedural Information
In accordance with Section 2.8.8 of the Unified Development Ordinance, any evidence not
presented at the public hearing must be submitted in writing prior to the Planning Board's
recommendation. Additional oral evidence may be considered by the Planning Board only if it is
for the purpose of presenting information also submitted in writing. The public hearing is held
open to a date certain for the purpose of the BOCC receiving the Planning Board's
recommendation and any submitted written comments.
Planning Director's Recommendation
The Planning Director recommends approval of the proposed UDO amendments based on the
following:
These amendments are necessary in order to ensure the correct State statutes /rules
are referenced in the UDO and to ensure the requirements of the UDO are consistent
with State statutes.
Planning Board Recommendation
The Planning Board considered this item at its December 5, 2012 meeting. The Planning Board
unanimously voted to recommend approval of this item. The Planning Board drat minutes
are included in Attachment 4.
FINANCIAL IMPACT: See Section C.3 of Attachment 1.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the Planning Board's recommendation of approval;
2. Close the public hearing and
3. Decide accordingly and /or adopt the ordinance contained in Attachment 2 which
authorizes the text amendments.
Attachment 1
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2012 -15
Amendments incorporating changes suggested by MuniCode
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map-
From - - --
To: - --
❑ Zoning Map:
From:- --
To:---
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s):
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Dection(s): Numerous sections in Articles 1, 2, 4, 5, 6, 9, and 10 to incorporate
State Statute /Rule reference changes and a language change
regarding Environmental Impact Statements in Section 6.16.4
suggested by MuniCode.
❑ Other:
B. RATIONALE
1. Purpose /Mission
K
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to incorporate changes to references to State
1
Statutes /Rules. The changes have been suggested by MuniCode, a corporation
retained by Orange County to codify the County's ordinances, and are a result of
MuniCode's legal review of the County's UDO. The legal review was completed in
order to prepare the ordinance for codification. The changes are not substantive but
the text amendment must go through the normal amendment process since the
County's UDO does not allow for manifest errors to be corrected without a formal
amendment.
2. Analysis
As required under Section 2.8.5 of the Unified Development Ordinance, the Planning
Director is required to: `cause an analysis to be made of the application and, based
upon that analysis, prepare a recommendation for consideration by the Planning
Board and the Board of County Commissioners'. The following information is offered:
These amendments are being proposed in order to ensure the correct State
statutes /rules are referenced in the UDO and to ensure the requirements of the UDO
are consistent with State statutes.
The change to the language in Section 6.16.4 is being proposed because §113A -8(b)
of the North Carolina General Statutes states that major development projects for
which an environmental impact statement (EIS) is required by a Federal or State
agency shall be exempt from EIS submittal requirements of a local government.
However, since the local government can require that the applicant submit a copy of
the EIS submitted to the Federal or State agency, staff is suggesting that said EIS
may be required.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
No direct linkage to the Principles, Goals and Objectives of the Comprehensive
Plan. This amendment is proposed in order to engage in "good housekeeping" by
correcting reference errors in the UDO and ensuring the requirements of the UDO
are consistent with State statutes.
4. New Statutes and Rules
Some of the proposed corrections are attributable to changes made over the years in
the numbering system used by the State.
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
....October 2 ..2012
b. Quarterly Public Hearin
November 19. 2012
2
M
c. BOCC Updates /Checkpoints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
October 16, 2012 — Approval of legal ad
January 24. 2013 — receive Planning Board recommendation
d. Other
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
December 5, 2012 (recommendation)
b. Advisory Boards
N/A
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement was published on November 4 and 11 in the Chapel Hill
Herald and on November 7 and 14 in the News of Orange.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2012 -13 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
No substantive implications. The proposed amendments are solely a housekeeping
item resulting from MuniCode's legal review of the ordinance.
3
E. SPECIFIC AMENDMENT LANGUAGE
Please see Attachment 2. Proposed additions are shown in red text and proposed
deletions are shown in red stFikethFe irvh text.
Primary Staff Contact:
Perdita Holtz
Planning Department
(919) 245 -2578
pholtz@orangecountync.gov
El
Attachment 2
Ordinance #: ORD- 2013 -003
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, MuniCode, a corporation retained by Orange County to codify its ordinances,
has completed a review of the Unified Development Ordinance for consistency with State
Statutes and Rules, and
Whereas, as a result of said review, MuniCode identified necessary amendments to the
Unified Development Ordinance to correctly reference State Statutes and Rules and to
correct some manifest errors, 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 ensure local regulations are compliant with State Statues and Rules and to
correct manifest errors, and
Whereas, the County has held the required public hearing and has found the proposed
text amendment is consistent with 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 , 2013.
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 , 2013 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
7
WITNESS my hand and the seal of said County, this day of
, 2013.
SEAL
Clerk to the Board of Commissioners
9
ARTICLE 1: ADMINISTRATION
1.1.1 Title
The official title of this document is `Unified Development Ordinance of Orange County, North
Carolina'. For convenience, it shall be referred to throughout this document as `this Ordinance',
`the Ordinance', 'the/this Unified Development Ordinance' or `the /this UDO'.
1.1.2 Authority
This Ordinance is adopted pursuant to the statutory authority provided in the North Carolina
General Statues (NCGS), specifically the provisions of:
(A) Chapter 153A, Article 18,
(B) Chapter 4,
(C) Chapter 160A, Article 19,
(D) Chapter 39, Articles 5 and 5(a) 5A, and
(E) Cher 47 ortiGle 2, certion 20 §47 -30
(F) §143- 214.5.
For the purpose of establishing comprehensive development regulations for designated portions
of Orange County and providing for administration, enforcement and amendment thereof in
accord with the aforementioned provisions.
1.1.3 Flood Damage Prevention Authority
(A) The Legislature of the State of North Carolina has delegated authority to county
governments to adopt regulations to promote the public health, safety, and general
welfare of its citizenry in the following sections of the North Carolina General Statutes:
(1) Part 6, Article 21 of Chapter 143,
(2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and
(3) § 153A -121 RaFt 121 nFtiGl„ a of Gh.,pteF 153n of the NeFth G. Felina Gen i
Statutes.
(B) Flood Insurance Rate Maps (FIRM), specifically FIRM Map Index 37135 CINDOC with an
effective date of May 16, 2008 as well as all FIRM panels contained therein, developed
by FEMA under a Cooperating Technical State agreement with the State of North
Carolina and the Flood Insurance Study are hereby established as shown on the Official
Zoning Atlas as the Special Flood Hazard Area Overlay Zoning District, and
(C) The Board of Adjustment as established by Orange County shall hear and decide
requests for variances from the requirements of the Orange County Special Flood Hazard
Area Overlay Zoning District.
1.1.4 Purpose and Intent
(A) In order to protect and promote the health, safety and general welfare of the County and
its residents, this Ordinance is hereby adopted by the Orange County Board of
Commissioners.
(B) The purpose of the regulations set out in this Ordinance shall be to accomplish
compatible development of the land within Orange County in a manner which will best
promote the health, safety, and general welfare, as well as to:
(1) Provide for efficiency and economy in the process of development;
Orange County, North Carolina — Unified Development Ordinance Page 1 -1
Article 1: Administration 10
Section 1.1: General Provisions
(B) The enforcement, interpretation, and application of the standards contained herein shall
be consistent with the goals and policies of the Comprehensive Plan and shall not create
a situation that is inconsistent with the goals and policies contained therein.
1.1.8 Regulation of Farming and Bona Fide Farm Activities
The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not
apply to property used for bona fide farm purposes, as defined within North Carolina General
Statutes, except as follows:
(A) Any non -farm use of farm property,
(B) Compliance with all regulations required to be imposed by the Federal Emergency
Management Agency (FEMA) through the National Flood Insurance Program including all
applicable Flood Insurance Rate Maps (FIRM), and
(C) Compliance with the Orange County Special Flood Hazard Area Overlay Zoning District
as detailed within this Ordinance.
1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions
(A) If the provisions of this Ordinance are inconsistent with those of state and /or federal law,
the more restrictive provision governs, to the extent permitted by law. The more
restrictive provision is the one that imposes greater restrictions or more stringent controls.
(B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in
other adopted ordinances or regulations of the County, the more restrictive provision
governs. The more restrictive provision is the one that imposes greater restrictions or
more stringent controls.
(C) In accordance with this Ordinance, a property owner may be required to record deed
restrictions, covenants, or other legal documentation outlining development limitations or
imposing regulatory standards on the perpetual development and /or use of property.
While the County may require such legal documents to be recorded as part of the normal
development review process, the County has no enforcement authority over private
covenants or deed restrictions that are not based on development limitations imposed by
this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any
easement, covenant, deed restriction or other agreement between private parties.
Orange County does not enforce private agreements.
(D) Town of Chapel Hill Land Development Standards: The regulations governing the use of
land and structures 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.
(E) Town of Carrboro Land Development Standards: The regulations governing the use of
land and structures 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.
(F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules
(Jordan Lake Rules) of 15A NCAC 02B .0265, .0267 and .0268, Section 3.(d) of Session
Law 2009 -216, and Section 6.(g) of Session Law 2009 -216, found in Section 7.(b) of
Session Law 2009 -484 apply to all lands within the Jordan Lake Watershed portion of
Orange County. Wherever standards of the Jordan Lake Rules and the standards listed
in this ordinance differ, the more restrictive provisions shall apply.
(G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the
riparian buffer protection rules ( Neuse Rules) of 15ANCAC 02B .0235, .0240, .0233,
Orange County, North Carolina — Unified Development Ordinance Page 1 -3
Article 1: Administration 11
Section 1.4: Planning Director
1.4.1 Responsibilities
(A) The Planning Director, or his /her designee, shall have the responsibility for the
administration, interpretation, and enforcement of this Ordinance.
(B) Within this Ordinance, `Planning Director' is synonymous with the individual actually
serving in that capacity or a designated employee unless otherwise specified.
(C) The Planning Director is an employee of the County hired by and reporting to the County
Manager and shall have the following duties in respect to this Ordinance:
(1) Administering all provisions of this Ordinance for which administrative
responsibilities are not otherwise expressly assigned;
(2) Making interpretations of the provisions of this Ordinance;
(3) Reviewing all applications submitted in accordance with the requirements of this
Ordinance to ensure compliance with the provisions of this Ordinance;
(4) Coordinating County staff's compliance with duties and responsibilities specified
in this Ordinance;
(5) Preparing reports for, submitting recommendations to, and seeking input from,
the Planning Board for all matters for which this Ordinance requires review and
approval by the Planning Board;
(6) Maintaining records of the Planning Board's meetings and actions;
(7) APReRdiRg Ensuring the text of this Ordinance and the zoning atlas are modified
to reflect any amendments approved by the Board of County Commissioners and
maintaining up -to -date originals and copies of these documents;
(8) Conducting on -going regular reviews of the text of this Ordinance and proposing
amendments necessary to implement and ensure consistency with the policy
objectives of the County;
(9) Maintaining records of the Board of Adjustment's meetings and actions;
(10) Reporting any variances or interpretations of the location of the boundary of an
area of special flood hazard area to the Federal Insurance Administration upon
request; and
(11) Granting Zoning Compliance Permits, making inspections of buildings or
premises, revoking permits, and any other procedures necessary to carry out the
enforcement of this Ordinance.
1.4.2 Conditions on Authority
When rendering decisions on the approval of development projects, the interpretation of this
Ordinance, or the issuance of permits, the Planning Director shall determine if the application is
consistent with the requirements of this Ordinance and issue all appropriate permits or other
approvals. The following limitations apply:
(A) Issuance of a permit authorizing the excavation, construction, moving, alteration, or use
of land shall in no case be construed as waiving any provision of this Ordinance.
(B) Under no circumstances is the Planning Director permitted to grant exceptions to the
actual meaning of any clause, standard, or regulation contained in this Ordinance to any
person making application to excavate, construct, move, alter, or use either building,
structures or land.
(C) Under no circumstances is the Planning Director permitted to make changes to this
Ordinance or to vary the terms of this Ordinance in carrying out assigned duties.
Orange County, North Carolina — Unified Development Ordinance Page 1 -9
Article 1: Administration 12
Section 1.6: Planning Board
(E) Advise the Board of County Commissioners concerning the use and amendment of
means for carrying out plans;
(F) Exercise such functions in the administration and enforcement of various means for
carrying out plans that the Board of Commissioners may direct;
(G) Perform other related duties that the Board of County Commissioners may direct;
(H) Approve and recommend for adoption by the Board of County Commissioners a
Comprehensive Plan for the development of the county, as well as amendments thereto;
and
(1) The Planning Board, working with the Planning Director, shall from time to time, at
intervals of not more than five years, examine the provisions of this Ordinance and the
location of Zoning District boundary lines and shall submit a report to the Board of County
Commissioners recommending changes and amendments, if any, which are desirable in
the interest of public health, safety, and general welfare, mindful of the intent expressed
in Subsection 1.1.5.
1.6.4 Staffing
(A) The Planning Director, under the direction of the County Manager or his /her designee,
shall serve as the professional staff to the Planning Board and shall be primarily
responsible for completing any work product necessary to assist the Board in carrying out
its duties.
(B) The Board of County Commissioners must approve all work assignments or projects
requested by the Planning Board outside of work product associated with this Ordinance
prior to the commencement of work.
1.6.5 Rules of Procedure
The Planning Board shall adopt rules of procedure for the conduct of its affairs. The rules shall
be maintained in the office of the Planning Director. Except as otherwise expressly stated in this
Ordinance, the rules adopted by the Planning Board shall provide for:
(A) Selection of officers, specifically a Chair and Vice Chair, whose term of office shall be
one year, with eligibility for re- election.
(B) Attendance requirements.
(C) Establishment of a quorum, which shall be a majority of the appointed members, to allow
the Board to conduct business.
(D) Establishment of a monthly, at a minimum, date and time for a regular meeting.
(E) A procedure for calling special meetings as the need of the Board requires.
1.6.6 Notification of Meetings
All meetings shall be open to the public. The Planning Director shall cause notices to be given as
required under:
(A) Article 33G 33C, Chapter 143 of the North Carolina General Statutes;
(B) 143 - 318.11 of the North Carolina General Statutes; and
(C) Article 2 of this Ordinance.
1.6.7 Meeting Minutes
The Planning Board shall cause minutes of its meetings to be maintained as a permanent public
record. Such minutes shall record the attendance of its members, its findings, recommendations,
and a summary of information, data and comments presented to it.
Orange County, North Carolina — Unified Development Ordinance Page 1 -12
Article 1: Administration 13
Section 1.8: Board of Adjustment
In preparation and adoption of a plan element, area plan or other similar document, the Board of
Commissioners shall ever be mindful of the need to balance the public interest with the needs of
private interests, particularly in the conservation of surface and underground water resources, soil
resources, and natural growth resources of the county and the efficient use of the renewable and
non - renewable sources of energy.
1.8.1 Establishment
(A) The Orange County Board of Commissioners under the authority of Ghapter 153A, o140GIe
1 9,�T § 153A -345 of the General Statutes of North Carolina, as amended, for the
purposes and advantages described herein creates a Board of Adjustment.
(B) The Board shall consist of five members and two alternates who shall be residents of
Orange County's Planning Jurisdiction. Members shall serve without compensation
except for incidental expenses incurred in connection with official duties as approved by
the Board of County Commissioners.
(C) The Board of County Commissioners may by resolution establish rules related to the
requirements for volunteer service on the Board of Adjustment, appointment and removal
of Board of Adjustment members, and rules of procedure.
1.8.2 Tenure and Membership
(A) The members shall be appointed by the Board of County Commissioners for terms of
three years. A member whose term has expired shall continue to serve on the Board
until his /her respective successor has been appointed and qualified.
(B) Members' terms shall be staggered so that all terms will not expire simultaneously.
(C) In cases where an individual is appointed to serve the unexpired portion of a Board
member's term, the appointment shall be for the time period of the unexpired term only
and shall not be counted as a regular term for that member.
(D) A member may be appointed for a second successive term, but after two consecutive
terms a member shall be ineligible for reappointment until one calendar year has elapsed
from the date of completion of the second term.
(E) An alternate member shall only vote in the absence of a regular member.
1.8.3 Duties
The Board of Adjustment shall have the following duties:
(A) Hear, review, and decide appeals of any order requirement, decision, or determination
made by the Planning Director in the performance of official duties.
(B) Hear and decide applications for the approval of Class B Special Use permit applications
in accordance with the rules and conditions laid down in this Ordinance.
(C) Hear and decide appeals for variances from the dimensional regulations of this
Ordinance in accordance with provisions detailed herein. Nothing in this Ordinance shall
be construed to authorize the Board of Adjustment to permit a use in a district where that
use is neither a Permitted Use nor a Special Use.
(D) Pass upon, decide or determine such other matters as may be required by this
Ordinance.
1.8.4 Rules of Procedure
The Board shall adopt Rules of Procedure and Regulations for the conduct of its affairs. The rules
shall be maintained in the office of the Planning Director. Except as otherwise expressly stated in
this Ordinance, the rules adopted by the Board of Adjustment shall provide for:
Orange County, North Carolina — Unified Development Ordinance Page 1 -14
Article 1: Administration 14
Section 1.9: Development Advisory Committee
(A) Selection of officers, specifically a Chair and Vice - Chair, whose term of office shall be
one year, with eligibility for re- election.
(B) Attendance requirements.
(C) Establishment of a quorum, which shall be a majority of the appointed members, to allow
the Board to conduct business.
(D) Establishment of a date and time for a regular meeting.
(E) A procedure for calling special meetings as the need of the Board requires.
1.8.5 Conduct and Notification of Meetings
All meetings of the Board shall be conducted in compliance with:
(A) The NeFth GareliRa 0Pen MeetiRgS I owns 1
(B) North Carolina General Statutes G.S. 143.318.9 et seq. Chapter 143, Article 33C,
(C) This Ordinance
The Planning Director shall give notice of Board meetings as provided in the QPeR Meetings Law
NCGS Chapter 143, Article 33C. Notice of meetings shall be given to Board of Adjustment
members as provided in the Rules of Procedure adopted by the Board as well as the provisions
of this Ordinance.
1.8.6 Record of Meetings
The Planning Director shall keep a record of Board meetings to be maintained as a permanent
public record. This record shall include minutes from each meeting including the vote of each
member on every question, the Board's findings on required items, recommendations, and a
complete summary of the evidence submitted to the Board including all documents, data, and
testimony presented.
1.9.1 Establishment and Intent
(A) Establishment
There is hereby established a Development Advisory Committee (DAC) to assist the
Planning Department in the execution of its functions with respect to processing
applications submitted in accordance with the provisions of this Ordinance.
(B) Intent
The DAC is an informal advisory committee to allow various entities to review and
discuss issues associated with a submitted application in order to assist with the
development of a formal recommendation as to the disposition of the request by the
Planning Department.
1.9.2 Duties and Responsibilities
The Development Advisory Committee has the following duties and responsibilities. The
Committee shall:
(A) Review proposed text and atlas amendments, Conditional Districts, Special Use permits,
rezonings, subdivisions or other similar technical issues that may be referred to the
Committee.
1 Although NCGS chapter 143, article 33C is sometimes referred to as the "Open Meetings Law ", there is nothing
actually in the law that refers to it this way. MuniCode is suggesting the County adhere to the actual statute
references.
Orange County, North Carolina — Unified Development Ordinance Page 1 -15
Article 2: Procedures 15
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
(G) For amendments to the Special Flood Hazard Area Overlay District, pertaining to a Letter
of Map Amendment:
(1) An elevation certificate with either an MT -1, MT -2, or MT -EZ (forms available
through FEMA), or
(2) A "No- Impact' analysis for a Letter of Map Revision.
(H) All other circumstances, factors and reasons that the applicant offers in support of the
proposed Zoning Atlas and /or Unified Development Ordinance text amendment.
2.8.4 Applications for Amendment — Joint Planninq Area
Applications for amendments to the Orange County Unified Development Ordinance and Zoning
Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development
Ordinance (and Zoning Maps) and /or the Carrboro Land Use Ordinance (and Zoning Maps) shall
be processed as specified herein and as specified in the Joint Planning Agreement adopted
November 2, 1987, and as amended from time to time.
Any text amendments adopted by Orange County shall be adopted by reference as though fully
set forth herein. Any map amendments adopted by Orange County shall be officially denoted on
the County Zoning Atlas. Where there is inconsistency between the amendment procedures
contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint
Planning Agreement shall apply.
2.8.5 Analysis and Recommendation
The Planning Director shall 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.
2.8.6 Public Hearing Required
A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment and /or
text amendment to this Ordinance. The Board of County Commissioners and the Planning Board
shall hear applications and receive public comment for Zoning Atlas amendments and /or text
amendments to this Ordinance in a Quarterly Public Hearing.
2.8.7 Notice of Public Hearings
(A) Notice of the public hearing to review the application and receive public comment shall be
published at least twice in a newspaper of general circulation in the county, stating the
time and place of the hearing and the substance of the proposed amendment.
(B) Said notice shall appear in said newspaper for two successive weeks with the first notice
appearing not less than ten days nor more than 25 days before the date set for the public
hearing. In computing the notice period, the day of publication is not to be included, but
the day of the hearing is to be included.
(C) In the case of amendments to the zoning atlas, the Planning Director shall post on the
affected property a notice of the public hearing at least ten days prior to the date of said
hearing.
(D) In the case of amendments to the Zoning Atlas, written notice shall be sent by certified
mail to the affected property owner and all adjacent property owners RetteaR at least
15 days, but not more than 25 days, before the public hearing date. Adjacent property
owners are those whose names and addresses are currently listed in the Orange County
tax records and whose property lies within 500 feet of the affected property. 2
2 State Statutes require at least 10 days but not more than 25 days. Orange County chooses to require more time
than statutes require, but the County needs to make it clear that 25 days is the outer limit (per statute). Additionally,
Orange County, North Carolina — Unified Development Ordinance Page 2 -23
There are no changes on this page. It is included because the
footnote from the previous page automatically "spilled over" onto
this page.
Article 2: Procedures 16
)ment Ordinance Amendments
ty, notice shall be sent by
first class mail to all affected property owners and to all adjacent property owners within
500 feet as provided in (D) above.
(F) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
2.8.8 Planning Board Review
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings.
(C) If the Planning Board fails to make a recommendation within the time allotted in
subsection (B) above, the application shall be forwarded to the Board of County
Commissioners without a Planning Board recommendation.
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board's recommendation to the Board of
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the proposed
amendment until the Planning Board either makes its recommendation or takes no action
on the application as prescribed in Section 2.8.8(C).
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
2.8.10 Text Revisions Pertaining to Soil Erosion and Sedimentation Control Provisions
(A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control
Commission's revisions to the State's Model Soil Erosions and Sedimentation Control
Ordinance and, within 90 days of receipt of the recommended revisions, submit draft
amendments to the North Carolina Sedimentation Control Commission for its
consideration and comments.
(B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission's
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments to this Ordinance for soil erosion and sedimentation control provisions
shall comply with the requirements in effect for any other text amendment.
2.8.11 Text Revisions Pertaining to Stormwater Provisions
(A) The Erosion Control Officer shall review all of the State Environmental Management
Commission's revisions to the State's Model Stormwater Ordinance and, within 90 days
statutes require that notice be mailed via first -class mail while Orange County requires that notices for non - County
initiated amendments be mailed via certified mail.
Orange County, North Carolina — Unified Development Ordinance Page 2 -24
Article 2: Procedures
Section 2.23: Day Care Center in a Residence
(B) The permit letter must be signed by the applicant to indicate his /her willingness to
operate the home occupation in conformance with the requirements and conditions set
forth in the permit letter.
(C) Each permit letter shall be kept on file by the Planning Director and shall constitute the
Home Occupation Permit for the particular use in question.
(D) The home occupation may be operated by the applicant as long as it is operated in
conformance with the requirements and conditions set forth in the permit letter.
2.22.4 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
2.22.5 Appeals
The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set
forth in Section 2.24 2.25.
SECTION DAY CARE CENTER IN A RESIDENCE
2.23.1 Application Requirements
(A) An application for a day care center in a residence for 3 to 12 children shall be filed with
the Planning Director on forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application shall include a plot plan that adheres to the requirements of Sections 2.4.3
and 5.8.1.
2.23.2 Application Review
Upon a determination that the application is complete, the Planning Director shall cause a review
of the application to be made. The review shall determine if the proposed day care center in a
residence for 3 to 12 children conforms with all requirements of this Ordinance. Based on the
review, the application will be approved, approved with conditions, or denied.
2.23.3 Conditions of Approval
(A) If conditions are attached to the approval, they may address deficiencies in meeting
specific chapter requirements or they may address specific impacts which result from the
operation of the day care center in a residence for 3 to 12 children.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Location of play area;
(3) Number of vehicles to be parked on the premises;
(4) The location of a storage area or parking on the property.
(C) The Planning Director may require greater setbacks and /or additional landscaping or
screening to adequately screen the day care center in a residence for 3 to 12 children
from adjoining properties.
Orange County, North Carolina — Unified Development Ordinance Page 2 -64
17
Article 2: Procedures 18
Section 2.24: Review of Environmental Documents
2.23.4 Application Approval
(A) If the application is approved, either with or without conditions, the Planning Director shall
send the applicant a letter informing him or her of the approval and of the requirements of
this Ordinance that apply to the day care center in a residence for 3 to 12 children
(B) The letter must be signed by the applicant to indicate his or her willingness to operate the
day care center in a residence for 3 to 12 children in conformance with the requirements
and conditions set forth in the letter.
(C) Each letter shall be kept on file by the Planning Director and shall constitute the approval
for the day care center in a residence for 3 to 12 children in question.
2.23.5 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
2.23.6 Annual Review
Each day care center in a residence for 3 to 12 children approved by the Planning Director shall
be reviewed annually by the Planning Director to assure compliance with the standards of
evaluation for such facilities.
2.23.7 Minor Chanqes to Approval
The Planning Director is authorized to approve minor changes in the approved day care center in
a residence for 3 to 12 children, provided that the changes are in harmony with the action of the
original approval and provided that any change in the operation complies with the standards of
evaluation as specified in Section 5.8.1.
2.23.8 Changes in Operation
Any change in the operation of the day care center in a residence for 3 to 12 children that does
not comply with the standards for evaluation as specified in Section 5.8.1 shall constitute a
modification and shall require the approval of a Class B Special Use Permit by the Board of
Adjustment under the provisions of Section 2.7 of this Ordinance.
2.23.9 Appeals
The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set
forth in Section 224 2.25.
2.24.1 Environmental Assessment
(A) Generally
An Environmental Assessment ( "EA" in this section) may be submitted prior to submittal
of the development application to determine if an Environmental Impact Statement ( "EIS"
in this section) may be required, provided that:
(1) All information necessary to perform the Assessment is provided, and
(2) The project application, when submitted, is consistent with the project described
in the Assessment.
(B) Review Process
(1) The Planning Department shall review the EA for completeness within 5 calendar
days of the date of submittal.
Orange County, North Carolina — Unified Development Ordinance Page 2 -65
Article 2: Procedures 19
Section 2.24: Review of Environmental Documents
(2) If the EA is found to be incomplete, it shall be returned to the applicant with
notification of its deficiencies.
(3) Upon acceptance of a complete EA, the applicant shall submit 10 copies to the
Planning Department. Additional copies may be required if needed. The EA will
be distributed by the Planning Department to other appropriate departments and
agencies for review and comment.
(4) Final Action on the EA shall occur within 14 days from the date of acceptance, or
such longer time as agreed to in writing by the applicant.
(5) If the EA reveals no "significant environmental impacts ", as that term is defined in
this Ordinance, the Planning Department shall issue a Finding of No Significant
Impact (FONSI).
(6) If significant impacts are identified, the Planning Department shall issue a Finding
of Significant Impact and shall require that an Environmental Impact Statement
be prepared. The decision of the Planning Department shall be reviewed by the
County Manager upon request of the applicant or Planning Department.
(7) The applicant shall be notified if the Planning Department learns of any additional
state or local permits which may be required to conduct the proposed activity.
(8) Agencies the Planning Department has knowledge of potentially requiring
additional permits shall be notified of the proposed activity by the Planning
Department and shall have an opportunity to provide comments.
2.24.2 Environmental Impact Statements
(A) Review Process
(1) The Planning Department shall review the EIS for completeness within 5 working
days of submittal.
(2) If the EIS is found to be incomplete, it shall be returned to the applicant with
notification of its deficiencies.
(3) Upon acceptance of a complete EIS, the applicant shall submit 10 copies to the
Planning Department. Additional copies may be required if needed. The EIS will
be distributed by the Planning Department to other appropriate departments and
agencies for review and comment.
(4) A notice shall be placed by the Planning Department in a newspaper of general
circulation, stating that the EIS will be available for public review at the Planning
Department for a period of at least 15 days.
(5) If the proposed activity requires a Mining Permit from the State of North Carolina,
or involves the storage of hazardous materials, the EIS shall also be sent to the
State Clearinghouse for distribution and review pursuant to Title I, Chapter 25,
0100 egig. Section .0200 of the North Carolina Administrative Code.
(6) If an EIS prepared for a State or Federal agency has completed the Federal or
State Environmental Review process, including publication in the "Environmental
Bulletin" then the EIS and any required addendum thereto shall be advertised as
available for public review at the Planning Department, but need not be re-
circulated through the State Clearinghouse.
(7) Upon Completion of the advertised 15 -day review period, and upon receipt of
comments from the State Clearinghouse when applicable, all comments will be
compiled and summarized by Planning Staff.
(B) Public Hearing Required
(1) The EIS, along with all comments received during the review period, shall be
presented for public hearing concurrently with the development project.
Orange County, North Carolina — Unified Development Ordinance Page 2 -66
Article 2: Procedures 20
Section 2.25: Appeals
(1) The disapproval of, modification of, or conditions of approval attached to any
proposed Erosion Control Plan by the Erosion Control Officer shall entitle the
person submitting the plan to an appeal of the decision to the Orange County
Planning Director.
(2) If the Planning Director upholds the decision, the person shall be entitled to a
public hearing if such person submits written demand for a hearing within 15
days after receipt of written notice of disapproval, modification, or conditions of
approval.
(B) Hearings
(1) Orange County
(a) This sub - subsection pertains to appeals for land- disturbing activities
occurring outside the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub - subsection shall be conducted by the
Orange County Planning Board within 30 days after receipt of written
demand, as provided for in (A)(2) above.
(c) The Orange County Planning Board shall make recommendations to the
Board of County Commissioners within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The Board of County Commissioners will render its final decision on any
Erosion Control Plan appeal within 30 days of receipt of the Planning
Board recommendation.
(2) Other than Orange County
(a) This sub - subsection pertains to appeals for land- disturbing activities
occurring within the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub - subsection shall be conducted by a
designated agency of the appropriate town or city board within 30 days
after receipt of written demand, as provided for in (A)(2) above.
(c) The said designated agency shall make recommendations to the
appropriate town or city board within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The said appropriate town or city board will render its final decision on
any Erosion Control Plan appeal within 30 days of the receipt of the
recommendations from the said designated agency conducting the
hearing.
(C) Appeal from Local Government's Decision
If the local governing body upholds the disapproval, modification, or conditions of
approval of a proposed Erosion Control Plan following the public hearing, the applicant
shall be entitled to appeal the local government's action to the North Carolina
Sedimentation Control Commission as provided in Section 113A -61(c) of the General
Statutes and Title 15A NCAC 413.001 8(b) 4B.0118.
(D) Appeal of Erosion Control Plan if Disapproval Based on Applicant's Past
Performance
The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of
this Ordinance directly to the North Carolina Sedimentation Control Commission.
(E) Appeal of Land - Disturbing Stop Work Order
Orange County, North Carolina — Unified Development Ordinance Page 2 -70
21
ARTICLE 4: OVERLAY ZONING DISTRICTS
4.1.1 Description, Standards, and Conflicts
(A) Overlay districts are supplemental to general zoning district classifications and are
applied in combination to address special situations or to accomplish specific planning
and land use goals.
(B) Unless otherwise expressly stated, all applicable regulations of the underlying district
apply to property in an overlay district.
(C) Unless otherwise stated, all applicable standards of this Ordinance apply to property in
an overlay district.
(D) When overlay district standards conflict with standards that otherwise apply in the
underlying district, the regulations of the overlay district always govern.
4.2.1 Purpose and Intent
(A) The purpose of the Watershed Protection Overlay Districts is to prevent significant future
water quality deterioration in existing or potential future drinking water reservoirs which
receive stormwater runoff from land within Orange County.
(1) Protection of all water supplies within the State in accordance with minimum
standards was mandated by the WateFs ppl„ Watershed Dr„ +o,.tOGR AGt passed
by the General Assembly On 19-629- NCGS § 143 - 214.5.
(2) The quality of water in drinking water reservoirs can be affected by human
activities including farming, construction of highways and roads, subdivision
development, industrial development, and other land- disturbing activities. Types
of water pollutants resulting from these activities include sediment, bacterial
contamination, heavy metals, synthetic organic compounds and low -level
radioactivity.
(B) The intent of the Watershed Protection Overlay Districts is to apply a set of regulations
involving land use and, in some cases, structural best management practices which
protect the watersheds by reducing the pollution from future development which enters
drinking water supplies.
(1) Land use management practices involve minimum lot size and impervious
surface restrictions, since impervious surfaces such as roads, roof tops and
driveways are a major source of pollution.
(2) Structural best management practices allow for more intensive land use by
providing for temporary detention of stormwater runoff so that pollutants may
settle.
4.2.2 Applicability
(A) The Watershed Protection Overlay Districts as established herein overlay other zoning
districts established in this Ordinance. The new use of any land or new structure within
any Watershed Protection Overlay District shall comply with the use regulations
applicable to the underlying zoning district as well as the requirements of the applicable
Watershed Protection Overlay District.
(B) A Watershed Protection Overlay District shall be applied to the Orange County portion of
watersheds which have been classified as WS -II, WS -III or WS -IV watersheds by the
North Carolina Environmental Management Commission in its implementation of toe
Orange County, North Carolina — Unified Development Ordinance Page 4 -1
Article 4: Overlay Zoning Districts 22
Section 4.2: Watershed Protection
Watersupply Watershed or„+er_,ti ,., o,.+ „f NCGS § 143- 214.5. In accordance with
the State Mandate, 13 Watershed Protection District Overlays, as listed in the table in
subsection (D), are hereby established.
(C) Areas designated as "Critical Area" under the Orange County designation are hereby
established using the following criteria:
(1) The land area in the Upper Eno watershed (straight line distance) within one -half
mile of the normal pool elevation (NPE), or nearest available contour line used
for the calculation, of an existing Class I or Class II reservoir or proposed water
supply reservoir designated for protection, or the ridgeline of the sub - watershed,
whichever is less; and
(2) The land area within one -half mile on each side for an upstream distance of 2.5
miles (straight line distance) of any fifth order or higher stream flowing into a
Class I reservoir, or the ridgeline of the sub - watershed, whichever is less; and
(3) The land area within one -half mile on each side of a fourth order or higher stream
flowing between any Class II and Class I reservoir; and
(4) The land area within one -half mile on each side for an upstream distance of 1.5
miles (straight line distance) of a third or fourth order stream flowing directly into
any Class I reservoir; and
(5) The land area within one -half mile on each side for an upstream distance of 1.0
mile (straight line distance) of a third or fourth order stream flowing into a fourth
order or higher stream that is within 1.0 miles (straight line distance) of a Class I
reservoir; and
(6) Any isolated areas within the overall critical area boundary that drain into any of
the streams listed above.
(7) Areas designated as Transition Areas on the Land Use Element Map of the
Orange County Comprehensive Plan are excluded from designation as a Critical
Area, except for land areas located within one -half mile from the normal pool
elevation of a Class I reservoir.
(8) The land area north of the centerline of West Ten Road and west of the
centerline of the Interstate 85 /U.S. 70 Connector is excluded from designation as
a Critical Area, except for land areas located within one -half mile from the normal
pool elevation of a Class I reservoir.
(D) The designation of "Protected" applies to areas of watersheds classified as WS -11, WSIII,
or WS -IV outside of areas designated as "Critical Area."
(E) General Locations of Watershed Protection Overlay Districts
Orange County, North Carolina — Unified Development Ordinance Page 4 -2
TABLE 4.2.2.E: WATERSHED PROTECTION OVERLAY
DISTRICT GENERAL LoCATION
UNIV -CA
University Lake Critical One -half mile from the normal pool elevation of University Lake, or to
Area the ridgeline of the watershed, whichever is less.
University Lake
The portion of the drainage basin of University Lake not covered by
UNIV -PW
Protected Watershed
UNIV -CA.
Overlay District
CANE -CA
Cane Creek Critical Area
One -half mile from the normal pool elevation of Cane Creek Reservoir,
Overlay District
or to the ridgeline of the watershed, whichever is less.
Cane Creek Protected
The portion of the drainage basin of Cane Creek Reservoir not
CANE -PW
Watershed Overlay
covered by CANE -CA.
District
One -half mile from the normal pool elevation, or to the ridgeline of the
Upper Eno Critical Area
watershed, whichever is less, of the following Class I reservoirs:
U- ENO -CA
Overlay District
Corporation Lake (538' actual NPE, 540' contour line used) and Lake
Ben Johnson (515' NPE and contour line used). One -half mile (straight
line measurement ) from the normal pool elevation, or to the ridgeline
Orange County, North Carolina — Unified Development Ordinance Page 4 -2
Article 5: Uses 23
Section 5.3: Application of Use Standards
5.3.1 In General
In addition to the general standards applied to uses in each zoning district and in accordance with
the Table of Permitted Uses, Sections 5.4 through 5-1-4 5.15 establish additional standards for
specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional
Zoning Districts.
5.3.2 Special Uses
(A) General Standards
Before any application for a Special Use Permit shall be approved:
(1) The applicant shall have the burden of establishing, by competent material and
substantial evidence, in the form of testimony, exhibits, documents, models,
plans and other materials, that the application meets the requirements for
approval of a Special Use; and
(2) The Board of County Commissioners or Board of Adjustment shall make written
findings certifying compliance with the specific rules governing such individual
Special Use and that the use, which is listed as a Special Use in the district in
which it is proposed to be located, complies with all required regulations and
standards including the following general conditions:
(a) The use will maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated
according to the plan as submitted;
(b) The use will maintain or enhance the value of contiguous property
(unless the use is a public necessity, in which case the use need not
maintain or enhance the value of contiguous property); and
(c) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located
and the use is in compliance with the plan for the physical development
of the County as embodied in these regulations or in the Comprehensive
Plan, or portion thereof, adopted by the Board of County Commissioners.
(B) Specific Standards
In addition to the general standards stated in Section 5.3.2(A), the following specific
standards shall be addressed by the applicant before the issuance of a Special Use
Permit:
(1) Method and adequacy of provision of sewage disposal facilities, solid waste, and
water.
(2) Method and adequacy of police, fire and rescue squad protection.
(3) Method and adequacy of vehicular access to the site and traffic conditions
around the site.
(4) Other use specific standards as set forth herein.
(C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD
In addition to the general and specific standards for all Special Use Permits, the following
standards shall be addressed by the applicant before the issuance of a Class A Special
Use Permit within the Hillsborough Economic Development District:
(1) General Provisions
Orange County, North Carolina — Unified Development Ordinance Page 5 -25
Article 5: Uses 24
Section 5.8: Standards for Childcare & Educational Facilities
(d) Landscape plan, at the same scale as the site plan, showing existing or
5.8.4 Schools: Elementary, Middle and Secondary
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Sections 2.7-3 2.7.3 and 5.3.2, the
following information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of
this Ordinance and with the following additional information shown on the
plan:
(i) Total student capacity of school as designed;
(ii) Total number of employees at time of greatest shift;
(iii) Number and dimensions of designated parking spaces for school
buses;
Orange County, North Carolina — Unified Development Ordinance Page 5 -67
proposed trees, shrubs, ground cover and any other landscape
materials.
(e)
Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment.
(f)
Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g)
Copy of the organization By Laws and /or Articles of Incorporation.
(h)
A detailed description of the organization, its staff, membership,
affiliations and activities.
(2) Standards of Evaluation
(a)
The site plan submitted meets all requirements specified in Subsections
2.7.3 and 5.8.3(A)(1).
(b)
Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(c)
The site has frontage and access on to a paved State maintained road.
The developer must show that the existing facilities have the capacity to
handle the additional traffic generated by the use or has an agreement
with NCDOT to upgrade the facility to accommodate expanded needs.
(d)
Internal vehicular and pedestrian circulation is designed to encourage
smooth traffic flow and reduce hazards.
(e)
All access roads and employee /visitor parking areas shall be paved.
(f)
Development of the site as proposed would have no adverse impact
beyond the building, except for appropriate parking facilities.
(g)
The floor area of a building or group of buildings housing a Non- Profit
Educational Cooperative shall not exceed the maximum floor area ratio
as permitted in Article 3 of this Ordinance.
(h)
All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located.
(i)
The applicant must demonstrate its compliance with the definition of
"Non- Profit Educational Cooperative" as contained in Article 10 of this
Ordinance.
5.8.4 Schools: Elementary, Middle and Secondary
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Sections 2.7-3 2.7.3 and 5.3.2, the
following information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of
this Ordinance and with the following additional information shown on the
plan:
(i) Total student capacity of school as designed;
(ii) Total number of employees at time of greatest shift;
(iii) Number and dimensions of designated parking spaces for school
buses;
Orange County, North Carolina — Unified Development Ordinance Page 5 -67
Article 5: Uses 25
Section 5.8: Standards for Childcare & Educational Facilities
(iv) Number of designated parking spaces for employees;
(v) Number of visitor parking spaces;
(vi) Number of student parking spaces;
(vii) Location of student drop off points with stacking spaces
identified;
(viii) Location of all proposed and future athletic fields and structures,
including:
a. Total number of seats for spectators, and
b. Location of concession stands, if any anticipated;
(ix) Proposed public roadway improvements; and
(x) Existing and proposed infrastructure improvements (water and
sewer).
(b) 26 copies of a Landscape and Tree Preservation Plan prepared in
accordance with Section 6.8 of this Ordinance.
(c) 26 copies of photometric plans prepared in accordance with Section 6.11
of this Ordinance.
(d) Estimated water usage for structures, landscaping and athletic fields.
(e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance.
(f) A Biological Inventory, prepared in accordance with Section
5.14.6'" "2' "` 5.15.6(A)(2)(b) of this Ordinance.
(g) A Resources Management Plan, prepared in accordance with the
Resources Management Plan definition in Article 10 of this Ordinance.
(2) Standards of Evaluation Within Economic Development Districts (EDD)
If located within an EDD, the application must meet the EDD design standards
established in Article 6 of this Ordinance.
(3) Standards of Evaluation in Zoning Districts other than an Economic
Development Districts (EDD)
If located within a zoning district other than an EDD, the applicant must meet the
following Standards of Evaluation:
(a) The project meets all applicable design standards and other
requirements of this Ordinance.
(b) The project meets all service provision criteria as set forth below:
(i) Fire – identifies the primary and secondary responders and the
source(s) of water.
(ii) Police – identifies the primary and secondary responders.
(iii) Rescue services – identifies the primary and secondary
responders.
(iv) Water Supply – identification of public or private utility source
and capacity of water supply or identification of water source
through a water resource study.
(v) Wastewater Treatment Methods – provider and capacity of
wastewater treatment source.
(vi) Solid Waste —as specified in subsection (h) below.
Orange County, North Carolina – Unified Development Ordinance Page 5 -68
EE
Article 5: Uses 26
Section 5.15: Standards for Miscellaneous Uses
(v) A plan showing how the site will be protected from impacts by
human and unwanted animal intrusion, alternate plant species
and construction methods that could be used in the event
adjustments or substitutions are needed until the mitigation area
is established; and
(vi) A financial guarantee is required for the total cost of the
mitigation project. Once the installation is complete, 30% of the
amount of the letter of credit or escrow will be held for 12 months
or until the site is established, whichever is greater.
Traffic Study
(i) A traffic impact study is required with all applications for the
following:
Subdivisions with more than 40 lots outside of transition
areas, and
Subdivisions with more than 80 lots within transition
areas.
(ii) The study shall include an analysis of the need for public road
improvements, including pedestrian- oriented enhancements, for
on -site and off -site improvements as said improvements relate to
the level of service impacted by the development.
(iii) The traffic impact study shall be prepared in accordance with the
requirements of Section 6.17.
(3) Standards of Evaluation
(a)
z
(c)
The project meets all applicable design standards and other
requirements of this Ordinance.
The project meets all service provision criteria as set forth below:
(i) Fire — identifies the primary and secondary responders and the
source(s) of water.
(ii) Police — identifies the primary and secondary responders.
(iii) Rescue services — identifies the primary and secondary
responders.
(iv) Water Supply — source and capacity of water supply.
(v) Wastewater Treatment Methods — provider and capacity of
wastewater treatment source.
Habitats shall be identified and evaluated in the biological inventory
required by Section 5.14.6(°`(2(1` 5.15.6(A)(2)(b) and are subject to the
following:
(i) An undisturbed buffer is required around the boundary of
habitats of rare, threatened, or endangered species as shown on
the biological inventory. Buffer width shall be determined by site
evaluation in consultation with the applicant's biologist and
County staff;
(ii) Habitat enhancements as described in the biological inventory
shall be made for a broad range of species to help mitigate the
loss of wildlife habitat during construction. Examples include:
a. Preserving, planting, and maintaining a variety of native
vegetation (also dead trees and snags);
Orange County, North Carolina — Unified Development Ordinance Page 5 -111
Article 6: Development Standards 27
Section 6.2: Lot & Building Standards
(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
Ordinance.
(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
Ordinance.
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.
6.2.5 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, Rural Neighborhood
Activity Node, or Rural Community Activity Node, as designated by the Comprehensive
Plan; or
(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 telecommunications 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 approved in
accordance with the provisions of Section 5.4.4(b) 5.4.4(8), 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 lots that have twice the required lot area of the zoning
district.
Orange County, North Carolina — Unified Development Ordinance Page 6 -2
Article 6: Development Standards 28
Section 6.15: Soil Erosion and Sedimentation Control
Sediment Control Manual. Copies of the Manual are available from the Erosion Control
Division of the Orange County Planning & Inspections Department.
(B) Revisions to the Standards
Corrections, revisions, and amendments to the Soil Erosion and Sediment Control
Manual shall be made upon recommendation of the Erosion Control Officer and approval
by the Orange County Board of Commissioners.
(C) Consistency Between Ordinance and Standards
Nothing in this Section shall be construed to allow approval of a plan which is
inconsistent with the mandatory standards set forth in Section 6.15.7(B) of this Ordinance
or any other provision of this Ordinance.
6.15.4 Exclusions
The regulations established within this Section shall not apply to the following land - disturbing
activities:
(A) Agriculture
Activities undertaken on agricultural land for the production of plants and animals useful
to man, including, but not limited to:
(1) Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts;
(2) Dairy animals and dairy products;
(3) Poultry and poultry products;
(4) Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats,
including the breeding and grazing of any or all such animals;
(5) Bees and apiary products; and
(6) Fur producing animals.
(B) Forestland
(1) Activities undertaken on forestland for the production and harvesting of timber
and timber products and conducted in accordance with best management
practices set out in Forest Practice Guidelines Related to Water Quality as
adopted by the Department.
(2) If land- disturbing activity undertaken on forestland for the production and
harvesting of timber and timber products is not conducted in accordance with
Forest Practice Guidelines Related to Water Quality, the provisions of this
Ordinance shall apply to such activity and any related land disturbing activity on
the tract.
(C) Mining
Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter
74 of the General Statues.
(D) State Jurisdiction
Those land- disturbing activities over which the State by statute (G.S. 113A- 56(a)) has
exclusive regulatory jurisdiction, which are activities:
(1) Conducted by the State,
(2) Conducted by the United States,
(3) Conducted by persons having the power of eminent domain,
(4) Conducted by local governments, or
(5) Funded in whole or in part by the State or the United States.
Orange County, North Carolina — Unified Development Ordinance Page 6 -111
Article 6: Development Standards 29
Section 6.16: Environmental Impact Reports
(9) Contain lands with slopes in excess of 25% outside of drainage easements or
stream buffers, as determined by USGS Topographic maps, at a contour interval
of ten feet.
(B) Requirements of an Environmental Assessment
The Environmental Assessment (EA) shall consist of a document supplied by the
Planning Department to address issues of environmental concern to the County, and
completed by the applicant. Those issues include:
(1) Topography of site and slopes;
(2) Drainage issues, such as on -site streams or easements and location relative to
water supply watersheds, water quality critical areas and special flood hazard
areas;
(3) Natural or Cultural Resources;
(4) Mining of Earth products;
(5) Generation or storage of hazardous or toxic wastes;
(6) Wastewater treatment methods and sludge disposal; and
(7) Water usage.
6.16.4 Environmental Impact Statement
(A) Applicability
(1) For projects which require submittal of an Environmental Assessment, an
Environmental Impact Statement (EIS) will also be required if the project has a
significant environmental impact. A project has a significant environmental impact
when it:
(a) Involves surface or subsurface extraction activity requiring a Mining
Permit issued by the State; and /or
(b) Involves long -term storage or disposal of hazardous wastes; and /or
(c) Requires an EIS by a Federal or State agency [see (3) below]; and /or
(d) Fails to adequately protect (as described in Section 7.6.3(F)(2) of this
Ordinance) sites identified in "Inventory of Sites of Cultural, Historic,
Recreational, Biological, & Geological Significance in the Unincorporated
Portions of Orange County" and the "Orange County Inventory of Natural
Areas "; and /or
(e) Involves a land surface application wastewater treatment system, within
the Water Quality Critical Area of Water Supply Watersheds as defined
by the Orange County Comprehensive Land Use Plan.
(2) Orange County reserves the right to require preparation of an EIS pursuant to
Section 6.16.4(A)(1), notwithstanding a Finding of No Significant Impact on the
part of Federal or State agencies.
(3) Pursuant to §113A -8(b) of the North Carolina General Statutes, major
development projects for which an EIS is required by a Federal or State agency
shall be exempt from the EIS submittal requirement in Section 6.16.4(A)(1). The
County may require the applicant to produce a copy of the EIS submitted to the
Federal or State agency as proof of compliance . 3
(B) Requirements for an EIS
(1) General Requirements
s This language is necessary in order to be in compliance with the referenced Section of the NCGS.
Orange County, North Carolina — Unified Development Ordinance Page 6 -126
Article 9: Enforcement 30
Section 9.5: Enforcement Procedure
(b) State the actions necessary to correct the violation,
(c) Specify a reasonable time period in which the violation must be
corrected,
(d) State the remedies and penalties authorized herein that the Planning
Director may pursue if the violation is not corrected within the specified
time limit,
(e) Invite the alleged violator to meet with the Planning Director to discuss
the violation and how it may be corrected, and
(f) Contain a statement indicating that the decision referenced within the
notice can be appealed to the Orange County Board of Adjustment as
detailed within this Ordinance. This statement shall include language
indicating that the appeal must be filled within 30 days from the date of
the initial notice and shall provide the deadline for the submittal of the
appeal application.
9.5.4 Appeals
(A) Any person aggrieved by the Planning Director's determination of a violation or a
correction order may appeal that determination or order to the Board of Adjustment in
accord with the provisions of Section 224 2.25 of this Ordinance, including payment of
the appropriate fee.
(B) Except as provided in Section 2-.24 2.25, an appeal generally stays all further actions to
enforce a notice of violation, correction order, or Stop Work Order, until the Board of
Adjustment has made a decision concerning the appeal.
(C) Civil Penalty Citations subsequent to the initial notice of violation may not be appealed to
the Board of Adjustment.
(D) As detailed within Sections 2.12 and 2..i4 2.25, the Board of Adjustment shall hear the
appeal and may affirm, modify, or revoke the Planning Director's determination of a
violation.
(E) If there is no appeal, the Planning Director's determination of the nature and degree of
the violation are final.
9.5.5 Timeline for Abatement
The time allotted to abate an identified violation shall be at the sole discretion of the Planning
Director and shall be based upon what is deemed a reasonable amount of time to abate the
identified violation. The following standards shall apply"
(A) Within 30 days of receipt of an initial notice of violation, correction order, or Stop Work
Order, the owner of the property on which the violation occurs may submit to the
Planning Director a written request for extension of the specified time limit for correction
of the violation.
(B) The Planning Director shall assist individuals in the preparation of the written request for
extension in cases where an individual(s) is /are unable to prepare a written request.
(C) The Planning Director shall determine whether the time limit should be extended based
on the information contained in the written request for extension. The Planning Director
may extend the time limit as reasonably necessary to allow timely correction of the
violation.
(D) In cases where an appeal of the notice of violation has been properly filed with the Board
of Adjustment, as provided in Section 9.5.4, the 30 day period shall commence upon
receipt of the notice of the Board of Adjustment decision concerning the violation or
correction order.
(E) Following the time limit for correction of the violation, including any stay or extension
thereof, the Planning Director shall determine whether the violation has been corrected.
Orange County, North Carolina - Unified Development Ordinance Page 9 -3
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make the changes on the next page more
understandable.
9.8.3 Injunctive Relief
(A) Civil Action in Superior Court
Article 9: Enforcement 31
Section 9.8: Soil Erosion and Sedimentation Control
90 days or by a fine not to exceed $5,000, or
(1) Whenever the governing body of the Town or County has reasonable cause to
believe that any person is violating or threatening to violate the soil erosion and
sedimentation control provisions of this Ordinance or any rule or order adopted or
issued pursuant to these regulations, or any term, condition, or provision of an
approved Erosion Control Plan, it may, either before or after the institution of any
other action or proceeding authorized by this Ordinance, institute a civil action in
the name of the town or county for injunctive relief to restrain the violation or
threatened violation.
(2) The action shall be brought in the Superior Court of Orange County.
(B) Order to Cease Violation
(1) Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary to abate
the violation, to ensure that restoration is performed, or to prevent the threatened
violation.
(2) The institution of an action for injunctive relief under this section shall not relieve
any party to the proceedings from any civil or criminal penalty prescribed for
violations of the soil erosion and sedimentation control provisions of this
Ordinance.
9.8.4 Restoration of Areas Affected by Failure to Comply
(A) The County may require a person who is engaged in a land- disturbing activity and failed
to retain sediment generated by the activity, as required by N.C.G.S. 113A- 57(3), to
restore the waters and land affected by the failure so as to minimize the detrimental
effects of the resulting pollution by sedimentation.
(B) This authority is in addition to any other civil or criminal penalty or injunctive relief
authorized under this Ordinance.
9.8.5 Revocation of Land Disturbing Permit
(A) Whenever a person conducting a land- disturbing activity is not complying with the soil
erosion and sedimentation control provisions of this Ordinance, the Land Disturbing
Permit, the Approved Erosion Control Plan or any amendments to the Erosion Control
Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site.
(B) Notice of Revocation shall be sent by registered or certified mail to the person conducting
the land- disturbing activity. In the event delivery cannot be accomplished by registered or
certified mail, it may be accomplished in any manner provided in Rule 4 Q) of the North
Carolina Rules of Civil Procedure.
(C) Upon receipt of the Revocation Notice, the person responsible must immediately order all
land- disturbing activities to cease except those which are specifically directed towards
bringing the site into compliance with the soil erosion and sedimentation control
provisions of this Ordinance.
(D) Once the site has been inspected and remedial work approved by the Erosion Control
Officer, the responsible party may reapply for a Land Disturbing Permit and pay the
appropriate fee.
(E) Resumption of land disturbing activities other than those necessary to bring the site back
into compliance with the soil erosion and sedimentation control provisions of this
Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation
of the Ordinance.
Orange County, North Carolina — Unified Development Ordinance Page 9 -12
Article 9: Enforcement 32
Section 9.9: Stormwater Management
(F) The person conducting the land- disturbing activity may appeal the revocation of a Land
Disturbing Permit following procedures set out in Section 2-24 2.25 of this Ordinance.
9.9.1 Inspections and Investigations
(A) Site Inspections
(1) Agents, officials, or other qualified persons authorized by the County will
periodically inspect on -site BMPs and illegal discharges to ensure:
(a) Compliance with the North Carolina Sedimentation Pollution Control Act
of 1973 ( "Act" in this Section), this Ordinance, or rules or orders adopted
or issued pursuant to this Ordinance;
(b) The measures required in the Stormwater Management plan being
constructed in accordance with the approved plan.
(c) The permanent BMPs are not in need of any maintenance including, but
not limited to, the following:
(i) Mowing of vegetation,
(ii) Vegetation re- establishment,
(iii) Tree removal (especially from wet detention ponds),
(iv) Stabilization of any eroding areas, and
(v) Structural (pipe, riser, dam, etc) repair.
(2) Notice of the right to inspect shall be included in the letter of approval of each
Stormwater Management Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
(1) No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Orange County, while that person is inspecting or
attempting to inspect a required on -site BMP.
(2) The Erosion Control Officer shall have the power to conduct such investigations
as deemed reasonably necessary to carry out the duties as prescribed in this
Ordinance, and for this purpose to enter at reasonable times upon any property,
public or private, for the purpose of investigating and inspecting the sites of any
required on -site BMP.
(3) No person shall refuse entry or access to any authorized representative or agent
of the County who requests entry for purposes of inspection, and who presents
appropriate credentials, nor shall any person obstruct, hamper or interfere with
any such representative while in the process of carrying out their official duties.
(C) Notice of Violation
(1) If it is determined that a person responsible for construction or maintenance of
any permanent on -site BMP, or removal of any Illegal Discharge has failed to
comply with the Act, this Ordinance, or rules, or orders adopted or issued
pursuant to this Ordinance, a notice of violation shall be served upon that person.
(2) The notice may be served by any means authorized under N.C.G.S. 1A -1, rule 4
(3) The notice shall specify a date by which the person must comply with the Act, or
this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform
the person of the actions that need to be taken to comply with the Act, this
Ordinance, or rules or orders adopted pursuant to this Ordinance.
(4) No time period for compliance need be given for encroaching on the riparian
buffer or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out their official duties.
Orange County, North Carolina — Unified Development Ordinance Page 9 -13
Article 9: Enforcement 33
Section 9.9: Stormwater Management
(a) The Board of County Commissioners shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty.
(b) The notice of assessment shall be served by any means authorized
under Section 9.9.1 of this Ordinance, and shall direct the violator to
either pay the assessment or contest the assessment, within 30 days
after the receipt of the notice of assessment, by written demand for a
hearing.
(c) If payment is not received within 30 days after demand for payment is
made, the Erosion Control Officer may institute a civil action to recover
the amount of the assessment.
(d) The civil action may be brought in the Superior Court of the county where
the violation occurred, or in the county where the violator's residence or
principal place of business is located.
(e) Such civil actions must be filed within three years of the date the
assessment was due.
(f) An assessment that is not contested is due when the violator is served
with a notice of assessment.
(g) An assessment that is contested is due at the conclusion of the
administrative and judicial review of the assessment.
(3) Credit of Civil Penalties
(a) Civil penalties collected pursuant to this Section of the Ordinance shall
be credited to the Givil Perm+„ and- Forfeiture I=„nd Orange County
general fund as nontax revenue4.
(B) Criminal Penalties
Any person who knowingly or willingly violates any stormwater management provision of
this Ordinance or rule or order adopted or issued pursuant to these regulations, or who
knowingly or willfully initiates or continues a development activity for which a Stormwater
Management Plan is required except in accordance with the terms, conditions, and
provisions of an approved plan shall be guilty of a misdemeanor punishable by
imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or by both, at the
discretion of the court.
9.9.3 Injunctive Relief
(A) Civil Action in Superior Court
(1) Whenever the Board of County Commissioners has reasonable cause to believe
that any person is violating or threatening to violate the stormwater management
provisions of this Ordinance or any rule or order adopted or issued pursuant to
these regulations, or any term, condition, or provision of an approved Stormwater
Management Plan, it may, either before or after the institution of any other action
or proceeding authorized by this Ordinance, institute a civil action in the name of
the county for injunctive relief to restrain the violation or threatened violation.
(2) The action shall be brought in the Superior Court of Orange County.
(B) Order to Cease Violation
4 NCGS § 113A- 64(a)(5) states that penalties collected by State agencies under § 113A shall be credited to the Civil
Penalty and Forfeiture Fund while penalties collected by local governments are credited to the local government's
general fund as nontax revenue.
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Article 10: Definitions 34
Section 10.1: Definitions
Building Height
The vertical distance measured from the mean elevation of the proposed or completed finished grade at
the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Building Measurement Definitions
(See Building Height, Story, Residential Floor Area, Length of Wall.)
Built -Upon Area
That portion of a development project that is covered by impervious or partially impervious cover including
buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts)
etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
Building Wall
Any vertical surface of a building or structure (other than a pitched roof) that is integral to and could
reasonably be constructed as part of the architecture of the building when a sign(s) are not being
contemplated. Examples of building walls include but are not limited to: awnings, canopies, marquees,
the vertical portion of gable roofs, parapets, mechanical penthouses, etc.
Camp
A recreation use which may include locations for tents, cabins, or other recreational sleeping structures,
but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not -for-
profit corporation.
Canal
See "Ditch."
Canopy, Service Station
A structure made of metal, aluminum, or other material intended to be free standing or affixed to a
building that serves as an overhang intended to shield persons from the elements while using the service
station.
Center in a Residence for 3 to 12 Children
A residence in which child care is provided, which is located on a public state maintained road, and which
provides child care for more than three but, no more than 12 children.
Cessation of Use
For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the
use of a structure or parcel of property. A use shall not be considered ceased if the use is being
marketed for sale or other forms of conveyance and documentation of such activities is provided.
Channel
A natural water - carrying trough eroded vertically into low areas of the land surface by erosive action of
concentrated flowing water or a ditch or canal excavated for the flow of water.
Channel, Effluent
A discernable, confined, and discrete conveyance which is used for transporting treated wastewater to a
receiving stream or other body of water.
Chemical storage facility
A building, portion of a building, or exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
Child Care
A program or arrangement where three or more children less than 13 years old, who do not reside where
the care is provided, receive care on a regular basis of at least once per week for more than four hours
Orange County, North Carolina — Unified Development Ordinance Page 10 -3
Article 10: Definitions 35
Section 10.1: Definitions
per day from persons other than their guardians or full -time custodians, or from persons not related to
them by birth, marriage, or adoption. Child care does not include the following:
a) Arrangements operated in the home of any child receiving care if all the children in care are
related to each other or no more than two additional children are in care;
b) Recreational programs operated for less than four consecutive months in a year;
c) Specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding,
gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4 -H groups, or boys
and girls clubs;
d) Drop -in or short -term care provided while parents participate in activities that are not employment
related and where the parents are on the premises or otherwise easily accessible, such as drop -
in or short -term care provided in health spas, bowling alleys, shopping malls, resort hotels, or
churches;
e) Public schools;
f) Non - public schools described in Part 2 of Article 39 of Chapter 115C of the North Carolina
Statutes that are accredited by the Southern Association of Colleges and Schools and that
operate a child care facility as defined under Child Care Facility for less than six and one -half
hours per day either on or off the school site;
g) Bible schools conducted during vacation periods;
h) Care provided by facilities licensed under °FtiGle 2 of GhapteF 1120 Chapter 110, Article 7 of the
North Carolina General Statutes;
i) Cooperative arrangements among parents to provide care for their children as a convenience
rather than for employment; and
j) Any child care program or arrangement consisting of two or more separate components, each of
which operates for four hours or less per day with different children attending each component.
Child Care Facility
Includes child care centers, and any other child care arrangement not excluded by General Statute 110-
86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not
operated for profit.
a) A child care center is an arrangement where, at any one time, there are three or more pre - school
children or nine or more school -aged children receiving child care.
b) A family child care home is a child care arrangement located in a residence where, at any one
time, more than two children, but fewer than nine children, receive child care.
Church
A structure in which persons regularly assemble for religious worship, which is maintained and controlled
by a religious body organized to sustain public worship.
Club or Lodge, Private
An establishment operated by a corporation or association of persons for social, recreational, fraternal or
charitable purposes, but which is not operated for profit or to render a service which is customarily
conducted as a business.
Cluster Development
A subdivision in which building lots are grouped together through a transfer of allowable density within the
subdivided tract. Cluster development permits more efficient development by creating lots with gross
land areas smaller than those required for conventional lot -by -lot development, yet maintains application
of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot
size reductions be reserved as permanent open space and /or recreation space.
Commercial Feeder Operation
An intensive animal raising operation that takes place within a building. None of the feed is produced on
the tract, and the processing is fully or partly automated.
Commercial - Industrial Transition Activity Node Land
Land near major transportation routes that could be provided with public water and wastewater services
and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office
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Excerpt of Draft Minutes
Attachment 3
DRAFT
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
QUARTERLY PUBLIC HEARING
November 19, 2012
7:00 P.M.
The Orange County Board of Commissioners and the Orange County Planning Board
met for a Quarterly Public Hearing on Monday, November 19, 2012 at 7:00 p.m. at the Central
Orange Senior Center, Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners Alice
Gordon, Barry Jacobs, Valerie Foushee, Earl McKee, and Steve Yuhasz
COUNTY COMMISSIONERS ABSENT: Pam Hemminger
COUNTY ATTORNEY PRESENT: Sahana Ayer
COUNTY STAFF PRESENT: County Manager Frank Clifton and Deputy Clerk to the Board
David Hunt (All other staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Chair Larry Wright, and Planning Board members
Pete Hallenbeck, Andrea Rohrbacher, Maxecine Mitchell, Tony Blake, Rachel Phelps Hawkins,
Alan Campbell, Johnny Randall, H.T. "Buddy" Hartley, Lisa Stuckey and Herman Staats
PLANNING BOARD MEMBERS ABSENT: Dawn Brezina
Chair Pelissier called the meeting to order at 6:59PM.
A. OPENING REMARKS FROM THE CHAIR
Planning Board Chair Larry Wright said that the agenda items 1 -3 will be joint items of the
Planning Board and the Board of County Commissioners. Following item 3, the County
Commissioners will be discussing educational facilities and ordinance amendments and the
Planning Board will not be part of that discussion.
B. PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
C. Pbl'BUC HEARING ITEMS
1. 2030 Compr sive Plan and Unified Developme rdinance (UDO) Text
Amendments and ng Atlas Amendments - o review government- initiated
amendments to the text of th mprehensive and UDO and to the Zoning Atlas in
order to establish two new zoning o tricts in the Efland area.
46 Planner Perdita Holt oduced this item and made a Point presentation.
47 Comprehensive P ext, Unified Development Ordinance Text, an ing Atlas
48 Amendmen r Two New Zoning Overlay Districts in the Efland Area
49 Quar Public Hearing
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1 4. djourn the public hearing until January 24, 2013 in order to receive and accep he
2 P nning Board's recommendation and any submitted written comments.
3
4 Michael Harve aid that there was in -depth discussion when added h 'ght limits were
5 considered originally. N\t,n n understanding that there might be me non - conformities
6 created that were legbecause there was not a height Iii until two years ago. He
7 thinks that the height e reexamined and increased.
8 Andrea Rohrbach 8:04 PM.
9 Commissioner Jae respects the DEAP staff analysis of the heights, but a
10 simple way to eliminate the subject Id be to consult veral neighboring jurisdictions about
11 lighting standards. He suggested lokin t Durham nd Chapel Hill's lighting standards to see
12 if there is some consistency. He suggeste at if nd when the Board approves whatever it is
13 going to approve, that staff communicate to th ower companies that when bare bulb security
14 lights are replaced that the County ordinance wi encourage shielded fixtures.
15 Commissioner Gordon made referen to pages -60. She said that she would be hesitant
16 to increase the pole height. She is co erned about the ral areas. She would like to see
17 more empirical evidence.
18 Lisa Stuckey made referenc to page 69 and the initial lum She asked why the light level
19 after it is warmed up would n be used.
20 Michael Harvey said at the initial lumen is an industry standard.
21 There was no pu �c comment.
22 A motion was ade by Commissioner Jacobs, seconded by Commissione Yuhasz to refer
23 /Smitted Planning Board with a request that a recommendation be return to the
24 or the January 24, 2013 BOCC regular meeting and adjourn the pub ' hearing
25 4, 2013 in order to receive and accept the Planning Board's recommen tion and
26 written comments.
27 MOUS
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29 3. Unified De velopment Ordinance (UDO) Text Amendment(s) - To review government -
30 initiated amendments to the text of the UDO in order to make minor changes that have
31 been suggested by the County's code vendor (MuniCode) as a result of MuniCode's
32 legal review.
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35 Perdita Holtz introduced this item and made a PowerPoint presentation.
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37 Commissioner Foushee left at 8:14 PM.
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39 Maxicene Mitchel left at 8:14 PM.
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41 Unified Development Ordinance Text Amendments
42 Resulting from MuniCode's Legal Review
43 Quarterly Public Hearing
44 November 19, 2012
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Item C.3
Purpose
- Incorporate changes to references to State Statutes /Rules as a result of MuniCode's
legal review
- Ensure requirements of the UDO are consistent with State Statutes
Proposed Amendments
- Numerous sections in Articles 1, 2, 4, 5, 6, 9, and 10.
- Packet includes the proposed amendments in "track changes" format with explanatory
footnotes as needed.
- In Section 6.16.4 (Environmental Impact Statements), language will clarify that the
County may require an applicant to produce a copy of the EIS submitted to a Federal or
State agency.
Public Notification
- Completed in accordance with Section 2.8.7 of the UDO
• Newspaper legal ads for 2 successive weeks
Recommendation
• Receive the proposal to amend the Unified Development Ordinance.
Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on
the proposed amendment.
Refer the matter to the Planning Board with a request that a recommendation be
returned to the Board of County Commissioners in time for the January 24, 2013 BOCC
regular meeting.
• Adjourn the public hearing until January 24, 2013 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Commissioner Yuhasz said that when the County Attorney first told the Board about these
proposed changes, he said that he was not in complete agreement with Muni -code. He asked if
this represented all of the changes that had been suggested or if there were still negotiations.
Perdita Holtz said that Planning and Legal staff met and only the changes agreed upon are
being included, which is not all of the Muni -code changes.
Commissioner Jacobs said that the Inventory of Natural Areas and the Orange County
Environmental Impact Statement were both generated by the Planning Board in the 1980's and
not by the staff.
A motion was made by Commissioner Gordon, seconded by Commissioner McKee to refer
the matter to the Planning Board with a request that a recommendation be returned to the
BOCC in time for the January 24, 2013 BOCC regular meeting and adjourn the public hearing
until January 24, 2013 in order to receive and accept the Planning Board's recommendation and
any submitted written comments.
VOTE: UNANIMOUS
At this time, the Planning Board members left the meeting.
W
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Attachment 4 39
MINUTES
ORANGE COUNTY PLANNING BOARD
DECEMBER 5, 2012
REGULAR MEETING
MEMBERS PRESENT: Larry Wright (Chair), At- Large, Cedar Grove Township; Alan Campbell, Cedar Grove Township
Representative; Buddy Hartley, Little River Township Representative; Johnny Randall, At -Large Chapel Hill
Township; Dawn Brezina, Eno Township Representative; Tony Blake, Bingham Township Representative; Andrea
Rohrbacher, At -Large Chapel Hill Township; Lisa Stuckey, Chapel Hill Township Representative; Herman Staats, At-
Large Cedar Grove Township;
MEMBERS ABSENT: Peter Hallenbeck (Vice- chair), Cheeks Township Representative; Maxecine Mitchell, At -Large
Bingham Township; Rachel Hawkins, Hillsborough Township Representative;
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz;
Special Projects Coordinator; Marabeth Carr, DEAPR; Tina Love, Administrative Assistant II
HANDOUTS GIVEN AT MEETING Planning Board Rules of Procedure; Memo from DEAPR regarding outdoor lighting
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
Agenda Item 9: Unified Development Ordinance (UDO) Text Amendment(s) - To make a
recommendation to the BOCC on government- initiated amendments to the text of the LIDO in
order to make minor changes that have been suggested by the County's code vendor
(MuniCode) as a result of MuniCode's legal review. This item was heard at the November 19,
2013 quarterly public hearing
Presenter: Supervisor Perdita Holtz, Special Projects Coordinator
Perdita Holtz: Reviewed Abstract
Motion made by Lisa Stuckey to approve staff's recommendation to approve the LIDO amendments contained in the
attachment.
Seconded by Alan Campbell
Vote: Unanimous