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HomeMy WebLinkAboutORD-2000-037 Zoning Ordinance Text Amendments 4 01W <::5) 3 7 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on Monday, May 22, 2000, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: A. ORANGE COUNTY ZONING TEXT AMENDMENTS 1. Upper Eno Watershed Density Amendments a. Amend SECTION 6.23.1 LAND USE RESTRICTIONS to lower the permitted densities in a portion the Upper Eno Protected Watershed Area and the Upper Eno Critical Area. b. Amend SECTION 6.23.2 RESIDENTIAL DENSITY to revise the maximum density allowed in a portion of the Protected Area and all of the Critical Area. c. Amend SECTION 6.23.3c.1 Residential Development for a portion of the Protected Area and all of the Critical Area. d. Amend SECTION 6.23.3c.2 Non-Residential Development for a portion of the Protected Area and all of the Critical Area. e. Amend SECTION 6.23.6 UNDISTURBED AREA for a portion of the Protected Area and all of the Critical Area. f. Amend SECTION 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES for a portion of the Protected Area and all of the Critical Area. g. Amend SECTION 6.23.9 CLUSTERING for the Upper Eno Critical and Protected Areas. PURPOSE. To promote water quality and other county goals in the Upper Eno Watershed and to begin implementation of the Neuse River Basin Storm water Ordinance Rules. 2. Amend Public Hearing Notification Procedures a. Amend SECTION 20.6 Public Hearing and Notice Thereof to allow an alternative process of advertisement and notification of non-petitioning owners of property for which a Zoning Atlas Amendment is proposed. PURPOSE.- To provide a second option in the zoning ordinance for notification of public hearings.,Also, clarifies the procedures- on notification of nonpetitioning owners, sign posting and attorney representation. G:/robert/Publicl4e;irinaM.qv0i)/nntiveofniihli-r-.h-Garin a 5 . 3. Amend the application criteria for establishment of EC-5 zoning districts y a. Amend SECTION 4.2.12 Existing Commercial - V (EC-5) District to create the procedures for modification of existing EC-5 districts in cases of public condemnation of private property. PURPOSE: To allow, under strict guidlines, the modification of an EC-5 district which becomes non-functional due to condemnation for a public improvement. Development within the re-established, administratively-approved district shall be required to meet all applicable provisions and shall be in close proximity to the remaining portion of condemned property. B. ORANGE COUNTY SOIL EROSION AND SEDIMENTATION CONTROL AMENDMENTS a. Amend various sections of the Ordinance. PURPOSE: The purpose of the attached Soil Erosion and Sedimentation Control Ordinance amendments is to conform the County Ordinance with the amended Model Ordinance of the North Carolina Sedimentation Control Commission. These changes are the result of legislative changes, the State's staff enforcement experience and the recommendations of their attorneys. The amendments include changes such as: $500 per day civil penalty to a $5000 civil penalty for violations, penalty assessment from the date of detection instead of the delivery date of the notice of violation, and an extension of the plan approval expiration date from twelve months to eighteen months. C. CONSIDERATION OF THE NEUSE RIVER BASIN STORMWATER CONTROL ORDINANCE a. Incorporates new, State-mandated; locally adopted rules to regulate stormwater within the Neuse River Basin. PURPOSE. To meet the state set date for adoption of the Neuse River Basin Stormwater Control Ordinance. Changes may be made in the advertised proposals that reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham), 967- 9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. 6 PUBLISH: News of Orange Chapel Hill Herald May 10, 2000 May 10, 2000 May 17, 2000 May 17, 2000 G:/robert/PuhlicHearingMay00/noticeosublichearinz ---- _-- _ ------ . 7 Proposed Ordinance at Public Hearing An Ordinance Amdnding the Zoning Ordinance of Orange County Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning Ordinance is hereby amended as follows: Old Text = Deleted Text Bold Text= Proposed Text heaFing sh " ' i I by publishing said netiee at least Wee in a news-p.Vef et less thaR ten (40) days ROF FROM thaR tWeRty We (25) days befeFe the d 20.6.2 The Zoning QMGeF*1A the ease of aFnendments. te the zoning atlas shall pes (4 0) days PFi9F tG the date ef said heaFiRg. 20.6.3 In the ease of amendments to the Zening Atlas, WitteR ROtiee shall be sestby net less than fifteeR (46) days befem the heaFing date. Adjaeent pFepeFty QFange Gaunty tax FeeeFds and whose pFopeFty lies within five hUR-dFed (600) feet of the affeeted PF6pedy. pr-epeFty GwReFs within five huRdFed (699) feet as pFevided abeye7 d: SECTION ONE. 20.6.1 Notice to Nonpetitioning Owners Except for petitions providing notification under,the provisions of Section 20.6.2(b) below, If a petition to amend the Zoning Atlas is not signed by all of the owners of all land for which rezoning is requested, the following notification procedures shall be followed: (a) Written Notification. The petitioner shall notify, in writing, nonpetitioning owners who have not signed the petition that the 8 Proposed Ordinance at Public Hearing v a form supplied by the Planning Department, and shall specify present and proposed zoning classifications. The letter shall be sent by certified mail to the last known address of nonpetitioning owners. (b)Alternative Notification. As an alternative method of notice, the petitioner may obtain the notarized signatures of nonpetitioning owners on a statement acknowledging that said owners have received notice that a petition will be filed and heard at a joint public hearing before the Board of County Commissioners and Planning Board. In cases where notarized signatures of nonpetitioning owners are obtained, written notification shall not be necessary. (c) Second Notification. If for any reason the initial letter is not. delivered, a second letter of the required form shall be sent by certified mail to the nonpetitioning owner's address as shown on the records of the office of the Tax Assessor, if said address is different from the last known address. (d) Undelivered Notices. If for any reason neither such letter notice is delivered, the petitioner shall then file with the Planning Department a signed certificate setting forth that written notification has been sent to all nonpetitioning owners who have not accepted notice by signed statement, and shall attach thereto either the return receipts showing that the letters have been delivered or the letters themselves and the mailing envelopes thereof. (e) List of Owners Notified. In the event all letters are not delivered, the petitioner shall attach to the certificate a list containing the names and street or mailing addresses and Parcel Identification Number(s) or TMBL reference number to whose addresses written notice was not delivered. This list of names and addresses shall be included in packet materials provided to the Board of County Commissioners and the Planning Board prior to the Public Hearing. (f) Advertisement. Such publication of the public hearing shall be made within one hundred and eighty (180) days of the posting of the first letter to the nonpetitioning owner at such person's last known address. Otherwise, said notification procedure shall start anew. SECTION TWO: 20.6.2 Notice to Property Owners and Adjacent Property Owners (a) Mailed Notices. In the event of a petition to amend the Zoning Atlas, certified letters, return receipt requested, shall be sent no less than fifteen (15) days before the hearing date to all property owners within and adjacent to the property for which the amendment is requested. Adjacent property owners are those whose names and addresses are 9 Proposed Ordinance at Public Hearing currently listed in the Orange County tax records and whose property lies within 500 feet of the petitioned tract. If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within 500 feet as provided above. (b) Newspaper Advertisement. 1. The certified or first class mail notices required above shall not be required if the zoning map amendment directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different property owners, and the Board of County Commissioners elects to use the expanded published notice provided for in this subsection. 2. In this.instance, the Board of County Commissioners may elect to either make the mailed notice provided for above or may, as an alternative, elect to publish once a week for at least four successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change. 3.. The final two advertisements shall comply with and be deemed to satisfy the provisions of G.S. 153A-323. 4. The amendment shall not be less than one-half of a newspaper page in size. 5. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. 6. Property owners who reside outside of the newspaper circulation area, according to the address listed on the more recent property tax listing for the affected property, shall be notified by first class mail pursuant to subsection (1) of this section. 7. The person or persons mailing the notices shall certify to the Board of County Commissioners that fact, and in the certificates shall be deemed conclusive in the absence of fraud. 8. In addition to the published notice, a county shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning. (c) The provisions of this section shall not be applicable to any zoning map adoption that initially zones property added to the territorial coverage of the ordinance. SECTION THREE: 20.6.3 Fees for Notification 10 Proposed Ordinance at Public Hearing A fee of five dollars ($5) for each owner indicated above will be charged to the petitioner to defray the costs of the research, preparation, and mailing of a notice of the pending zoning classification action to each. SECTION FOUR: 20.6.4 Advertising and Posting Whenever a petition to amend the Zoning Ordinance or the Subdivision Regulations is submitted to the Planning Department, the Zoning Officer shall process the application as specified in Article 20. Said notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty-five (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. In cases of petitions to amend a zoning classification, the property shall be posted with a notice of public hearing at least 10 days prior to the date of said public hearing. Said notice shall consist.of a sign(s), a minimum of 18" x 24" posted on the property at a conspicuous location(s),which sign shall be legible from the nearest public road. Location(s) which are not conspicuous or require additional notification to the public, will be required to have a directional signs) posted. Each sign(s) or each directional sign(s) will have an additional charge of twenty-five (25) dollars to the petitioner. The signs are and shall remain the property of the County and shall be prepared, posted and reclaimed by it. SECTION FIVE: 20.6.5 Respresentation by Attorney In any case where any of the parties are represented by an attorney named in the petition, the mailing or delivery of a copy of the staff report and the notice of any hearing.to the attorney, shall be the equivalent of mailing or delivering the same to the party or parties represented by the attorney. SECTION SIX: This ordinance shall become effective upon adoption. (Signature) (Signature) Clerk, Board of County Commissioners Chair, Orange County Commissioners ZONING NON-PETITIONING OWNER NOTICE A petition to amend the zoning map of Orange County has been filed by: for property owned by (Name) (Address, State, and Zip Code) to change the zoning classification of the property from (Present Zoning Classification) to the new zoning classification of (Proposed Zoning Classification) The property is located at and consists of TIVIBL PIN* TIVIBL PIN* TMBL: PIN* The principal activities allowed in the proposed new zoning classification are: The Board of County Commissioners and the Planning Board will hold a public hearing on this petition on 200 ; A public notice in the form of a rezoning sign will be posted on the premises (within the petitioned boundaries) at least ten (10) days before the Public Hearing by the Planning Staff. A legal advertisement will appear in the News of Orange and the Chapel Hill Herald for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty-five (25) days before the date set for the public hearing. If you have any questions concerning this petition, please contact the Orange County Planning Department, P.O. Box 8181, Hillsborough, NC 27278, Telephone (919) 245-2575 or(336) 227-2031 Ext. 2575. NOTE: This notice must be sent CERTIFIED MAIL to all non-petitioning property owners. A copy of this notice, Receipt for Certified Mail (white slip) and Return Receipt for Certified Mail (green slip) shall be submitted when the rezoning petition is filed with the Planning Staff. Public Hearing Ordinance 12 An Ordinance Amending the Zoning Ordinance of Orange County Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning Ordinance is hereby amended as follows: SECTION ONE. 4.12.12 Existing Commercial-V(EC-5) District a) Intent The purpose of the Existing Commercial-V(EC-5) District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in.areas not designated ad Activity Nodes in the adopted Comprehensive Plan. This designation shall only be applied to property used'for existing commercial at the time of application of this ordinance. 4.12.13 DESERVED Notwithstanding Section 4.12.12 above, an Existing Commercial-V (EC-5) District eliminated or reduced to a non-functional lot as a result of a public-entity condemnation or partial taking may be re- established administratively provided the following criterion are met: a) Use of the administratively approved district shall be the same use as existed on the condemned or partially taken property. b) New district shall be in close proximity. c) Existing district shall be eliminated and returned to the zoning of surrounding land. If the old district is adjacent to more than one district, the tract shall be returned to the lowest use category. d) Resulting lot size shall meet or exceed minimum non-EC district size for applicable use. Use shall not be expanded more than 10 percent. e) All impervious watershed limitations shall be met. f) A twenty (20) feet width landscaped buffer shall established along the new right-of-way. Design criteria shall be instituted meeting commercial standards. G:/rober/ExistingCommercialOrdinance/Apri100/rpd 13 Public Hearing Ordinance g) Economic Development District standards shall be used, where applicable. h) Access point shall limited to one driveway a minimum of 26 feet width and a maximum of 40 feet width. Transportation plan shall be submitted along with zoning permit request. i) Freestanding signs shall be limited to six (6) feet height and fifty (50) square feet maximum. j) All current Environmental Health regulations shall be met. k) All other applicable development criteria such as parking, loading/unloading areas, buffers, etc. shall apply. 1) If a condemnation results in less property being taken for right- of-way than is specified in the Orange County Comprehensive Plan (Transportation Element), then this section shall not be used. SECTION TWO; This ordinance shall become effective upon adoption. (Signature) (Signature) Clerk, Board of County Commissioners Chair, Orange County Commissioners Date and Seal G:/robert/ExisdngCommercia]Ordinance/Apri100/rpd