HomeMy WebLinkAboutAgenda - 08-25-1997 - C3b(1&2) ORANGECOUNTY
BOARD OF COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date August 25. 1997
Action Agenda
Item# C3 b(1&2)
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT
Agricultural Service Districts
Article 4.3 Permitted Use Table
Article 22 Definitions
DEPARTMENT: PLANNING& INSPECTIONS PUBLIC HEARING: Yes No
BUDGET AMENDMENT REQUIRED: Yes X_No
ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron
Extension 2580
Proposed Amendment TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To receive citizen comment on proposed amendments to the Zoning Ordinance pertaining to
uses allowed in the Agricultural Service zoning district.
BACKGROUND: During the last public hearing cycle,two requests were submitted for rezoning to the
Agricultural Service zoning district. One of the applicants intended to build a mini-
warehouse storage facility, a use which is inconsistent with the intent of the AS district
but is included in the list of permitted uses. Several years ago a similar rezoning
request in the White Cross area was denied. The Planning Staff initiated an ordinance
amendment to refine the scope of the Agricultural Service district before more
requests for rezoning are submitted.
When the Zoning Ordinance was first adopted in 1981,the Agricultural Service(AS)
District was included in Article 4 with language that remains unchanged. Since that time
the nature of some of the permitted uses has changed. For example,indoor storage and
warehousing now includes mini-warehouses and other storage uses that may not be
related to agricultural production or processing.
Agricultural Service is the only non-residential zoning district allowed in the
Agricultural-Residential Land Use Plan category outside of activity nodes. In much of
the County's jurisdiction(at least 63%), land may be rezoned to AS without a
Comprehensive Plan amendment. Consequently, it is important to adhere to the intent of
O
the district when reviewing permitted uses, so that inappropriate,non-rural uses
generating negative impacts to farming operations are not located throughout the county.
Agricultural service uses are also known as"agribusiness," uses generally considered
commercial,not agricultural. Their function can be summarized as supportive in the
production of agricultural products or in the processing of those products to make them
marketable.Agricultural Service Uses is included as a listing in the Permitted Use
Table of the Zoning Ordinance.
Staff examined the intent of the district and the list of land uses permitted within it.
When preparing the proposed amendments,the Planning Staff consulted with the
American Planning Association,the Orange County Economic Development
Commission,and the Agricultural Districts Advisory Board. The recommended
changes to the ordinance are summarized as follows:
Revisions to Definitions
• The proposed revision to the definition of agricultural services will describe that
type of land use in general and provide additional examples of uses such as a
welding service and retail sales of farm and garden products,supplies, and
equipment.
• A definition of riding stable is also proposed to clarify that the category in the
Permitted Use Table refers to a commercial use,not a private facility.
Revisions to the Permitted Use Table
• to allow Agricultural Service uses in the General Commercial zoning district.
• Delete the following uses that are not consistent with the intent of the AS district:
S50 Storage of Goods,Outdoor
S51 Storage and Warehousing: Inside Building
S51a Studio(Art)
RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's
recommendation be presented to the Planning Board within 30 days of receipt of
an application. However, Article 20.4 exempts any application for amendments to
the Zoning Ordinance by either the public or the County from the provisions of
Article 20.3. In either case, the public hearing is the time scheduled for
presentation of the Zoning Officer's recommendation.
ZoningZonin�O�cer Recommendation Recommendation
Provided that the Planning Board and Board of Commissioners find in the
affirmative, the Zoning Officer recommends approval of the proposed text
amendments.
. y ,
Administration
The Administration recommends that the proposed amendment be referred to the
Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than November 3, 1997.
l
PROPOSED ORDINANCE AMENDMENT
[DRAFT]
REFERENCE: ZONING ORDINANCE
Agricultural Service District
Article 4.3 Permitted Use Table
Article 22 Definitions
ORIGIN OF AMENDMENT: Staff Planning Board
BOCC Public
Other:
EXPECTED PUBLIC HEARING DATE: August 25, 1997
Purpose of Amendment: To revise the definition of agricultural services, provide a definition of riding
stable, amend the list of permitted uses allowed in the Agricultural Service zoning district, and allow
Agricultural Service Uses in the General Commercial zoning district.
Impacts/Issues: When the Zoning Ordinance was first adopted in 1981,the Agricultural Service(AS)
District was included in Article 4 with the following description of intent This language remains unchanged
in the Ordinance:
The purpose of the Agricultural Service(AS)District is to provide sites in the rural portion of the
County for rural non-farm,non-residential uses which support the horticultural,silvicultural,and
agricultural uses of the Agricultural Residential districts.
Agricultural service uses are also known as"agribusiness,"uses generally considered commercial,not
agricultural. Their function can be summarized as supportive in the production of agricultural products or in
the processing of those products to make them marketable.In the Zoning Ordinance,"agricultural services"
are described as"commercial services such as soil preparation,crop,veterinary,animal and farm
management, landscaping and horticultural services, specialized commercial horticulture,and specialized
animal husbandry."
Land uses allowed in the AS District currently include:
Agricultural Service Uses Farm Equipment Sales
Accessory Uses Feed, Seed Storage and Processing
Botanical Gardens and Arboretums Greenhouses
Bus Passenger Shelter Commercial Feeder Operation
Church Class I Kennels
Governmental Protective Services Sawmills
Stealth Telecommunication Towers 75 Feet or Shorter Stockyards
Water and Sanitary Sewer Pumping Stations Storage of Goods, Outdoor
Storage or Warehousing: Inside Building Studio(Art)
(continued)
f
092
Land uses allowed in the AS District with a Special Use Permit:
Land Fills Elevated Water Storage Tanks
Public Utility Stations and Substations Telecommunication Towers Over 75 Feet
Switching Stations,Telephone Exchanges Transmission Lines
Water and Sewage Treatment Plants Class II Kennels/Riding Stables
Some of the uses listed above such as governmental services,churches, and bus passenger shelters are not
directly supportive of agriculture,but are uses permitted in almost all zoning districts.
Because of its specific, support service-oriented nature,Agricultural Service is the only non-residential
zoning district allowed in the Agricultural-Residential Land Use Plan category outside of designated
commercial activity nodes. In much of the County's jurisdiction(at least 63 0/6), land may be rezoned to AS
without a Comprehensive Plan amendment. Consequently, it is important to adhere to the intent of the
district when reviewing permitted uses, so that inappropriate,non-rural uses generating negative impacts to
farming operations are not located throughout the county.
This policy is articulated in the Land Use Element of the Comprehensive Plan with the following objective
under Goal Seven:
Encourage agricultural-related commercial and industrial uses consistent with the zoning district
Agricultural Service(AS)to locate at activity nodes,but allow their occurrence anywhere in the
Agricultural-Residential plan areas.
The existing definition of agricultural services in the Zoning Ordinance only lists examples of that type of
use. The proposed amendment is to revise the definition by adding language to define the category of land
use and list additional appropriate uses as examples. Since"agricultural service uses"is a listing on the
Permitted Use Table in Article 4,the examples listed under the definitions will be incorporated by reference
as permitted uses.
As part of the proposed amendment,the Permitted Use Table will be revised to allow AS uses in the General
Commercial zoning district. Three uses that are not consistent with the intent of the AS district will be
deleted from the list of permitted uses in that district. Other changes are listed below.
A definition of riding stable is proposed to make clear the intent of the ordinance to regulate stables as a
commercial use,not to require a special use permit for stables as accessory uses to a private residence or
farm.
Existing and proposed ordinance text:
Article 4.3 Permitted Use Table Refer to the attachment which indicates the proposed changes listed
below:
P9 Extraction of Earth Products Class A Special Use in AS because it is land-based
production (currently a Special Use in AR)
093
S2 Agricultural Service Uses Permitted Use in GC-4 (in addition to AS)
S3 Animal Hospitals; Veterinarians Permitted Use in AS
S50 Storage of Goods, Outdoor Not permitted in AS except under S2 Agricultural
SSI Storage and Warehousing: Inside Building Service Uses and only when specified as storage
of agricultural products
SSI a Studio (Art) Not permitted because it does not support
agricultural production or processing
Can be allowed as a home occupation.
Article 22 Definitions (proposed text is underlined)
Agricultural Services-Commercial activities offering goods and services which s art production of
agricultural products or processing of those products to make them marketable. Examples include.but are
not limited to.soeh-as-soil preparation, ary,animal and farm management landscaping and
horticultural services,specialized commercial horticulture,and-specialized animal husbandry, biocide
services retail sales of farm/garden products supplies and eQupment, equipment rental and repair service.
tack shop. farrier blacksmith welding shops. facilities for animal shows,animal sales and auctions.
ae ricultu_re-based clubs/meeting halls.storage of agricultural supplies and products. and processing plants
for agricultural products including wineries and canneries.
Riding Stable-A commercial facility where horses are sheltered, fed. groomed_and bred. Typical accessory
des may 'nclude riding instruction horse shows and auctions.a tack shop,and storage of feed and supplies,_
Ordinance Review Committee: 7/8/97
Agricultural Districts Advisory Board: 7/16/97
Planning Board:
BOCC:
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