HomeMy WebLinkAboutAgenda - 09-05-2013 - 5jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2013
Action Agenda
Item No. 5-j
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SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outlines and Schedules for Four Upcoming Items
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1. Amendment Outline for Agricultural
Support Enterprises
2. Amendment Outline for
Telecommunication Facilities and
Session Law 2013 -185
3. Amendment Outline Related to Board
of Adjustment Operation and Session
Law 2013 -126
4. Amendment Outline for Home
Occupation Standards
INFORMATION CONTACT:
Perdita Holtz, Planner III, 919 - 245 -2578
Michael Harvey, Planner III, 919 -245-
2597
Ashley Moncado, Planner II, 919 -245-
2589
Craig Benedict, Planning Director, 919-
245- 2592
PURPOSE: To consider and approve process components and schedule for four upcoming
government- initiated Unified Development Ordinance (UDO) /Comprehensive Plan text
amendments.
BACKGROUND: Four items are currently being prepared by Planning staff for upcoming
Quarterly Public Hearings. Amendment Outlines for these proposed amendments are attached
for the Board's consideration and approval:
1. Comprehensive Plan and Unified Development Ordinance Text Amendments for
Agricultural Support Enterprises. This item is anticipated for the February 2014
Quarterly Public Hearing.
2. Unified Development Ordinance (UDO) Text Amendment incorporating recent changes in
State law concerning the regulation of telecommunication facilities. This item is
anticipated for the November 25, 2013 Quarterly Public Hearing.
3. Unified Development Ordinance (UDO) Text Amendment incorporating recent changes in
State law concerning procedural and notification requirements for the Board of
Adjustment. This item is anticipated for the November 25, 2013 Quarterly Public
Hearing.
4. Unified Development Ordinance (UDO) Text Amendment amending Home Occupation
standards. This item is anticipated for the November 25, 2013 Quarterly Public Hearing.
FINANCIAL IMPACT: See Financial Impact included in each attached Amendment Outline.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outlines and direct staff to proceed accordingly.
Attachment 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2013 -06
Agricultural Support Enterprises
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From:
To:
❑ Zoning Map-
From -
To:
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
O pp
Section Appendix F. Land Use and Zoning Matrix
..........;
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
on(s): Numerous sections in order to establish a new conditional zoning
district, define uses, designate zoning districts for uses, and
establish /modify various standards for uses. Depending on direction
to be received at the September 9, 2013 BOCC work session,
approval processes may also be modified.
❑ Other:
B. RATIONALE
1. Purpose /Mission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To complete the Agricultural Support Enterprises (ASE) project has been in
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development since 2001. The purpose of ASE is to enable bona fide farmers to
engage in uses related to agriculture on their farmland in order to generate additional
farm income. The ASE program will potentially allow for development of more
agriculturally - related uses in the county by utilizing a new conditional zoning district
(ASE -CZ). The proposed amendments will also expand agriculturally - related uses in
some of the general use zoning districts.
2. Analysis
As required under Section 2.8.5 of the UDO, 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 Agricultural Support Enterprises (ASE) project has been in development since
2001 and has been known by other names ( "Rural Enterprises" and "Agricultural
Services ") in the past. The project has been on several Board of County
Commissioners (BOCC) agendas through the years and the following meeting
materials can be reviewed for additional context:
February 23, 2004
http://
orangecountync
.gov
/OCCLERKS /0402231.pdf
March 29, 2004
http://
orangecountync
.gov
/OCCLERKS /040329.htm (JPA
Information Item)
February 28, 2005
http://orangecountync.gov/OCCLERKS/050228cl.pd
May 23, 2005
http://orangecountync.gov/OCCLERKS/050523dl.pdf
May 22, 2006
http://
orangecountync
.gov
/OCCLERKS /060522d2.pdf
May 21, 2007
http://
orangecountync
.gov
/OCCLERKS /070521d1.pdf
June 12, 2007
http://
orangecountync
.gov
/OCCLERKS /0706124ii.pdf
August 27, 2007
http://orangecountync.gov/OCCLERKS/070827dl.pd
May 14, 2013
http://
orangecountync
.gov
/occierks /130514.pdf
This project is included in the "Future Phase Suggestions" section of the UDO
"Implementation Bridge." A multi- department staff group has been working on this
program. Departments include DEAPR, Economic Development, Environmental
Health, and Planning & Inspections (including Building Code staff).
The proposed amendments build heavily upon the work that has been completed
since 2001, with some minor deviations to account for changes in statutes related to
bona fide farms and to follow the general cadence of the County's UDO (the former
program had been written to fit into the former Zoning Ordinance) while maintaining
the integrity of the UDO. As an example of a minor deviation, the former program
proposed to allow for several of the new use categories to be permitted by right in the
R -1 (Rural Residential) zoning district. Because this is inconsistent with the purpose
of the R -1 zoning district, which is "to provide locations for rural non -farm residential
development..." [underline added], staff is not including these uses as permitted by
right in the R -1 district, property owners currently zoned R -1 who wish to engage in
these uses can choose to apply for the new ASE -CZ zoning district or even the AR
(Agricultural Residential) zoning district (in which these uses are proposed to be
permitted by right).
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M
Development standards for most of the uses will be included in the UDO.
Additionally, the development standards applicable to all development in Orange
County (Article 6 of the UDO) will apply to the uses included in this amendment;
examples of the standards in Article 6 are: land use buffers, parking, signage, stream
buffers, and performance standards such as noise.
A user - friendly manual will also be part of the ASE project.
Additional analysis will be provided as part of the quarterly public hearing materials.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Planning Principle #5: Preservation of Rural Land Use Pattern
Planning Principle #8: Preservation of Community Character
Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and
horticulture and their respective lands.
Natural and Cultural Systems Goal 3: Infrastructure and support systems for local
and regional agriculture.
Objective AG -3: Develop programs and associated infrastructure facilities to make
local farms more economically viable, including local farm product processing,
development of a distribution center, and marketing initiatives.
4. New Statutes and Rules
N/A .... .
............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
September 5, 2013
b. Quarterly Public Hearin
...............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
February 2014
c. BOCC Updates /Checkpoints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
May 14, 2013 work session
September 9, 2013 special work session
Early February 2014 — approve leaal ad for auarterly public heari
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements and additional outreach as described below.
a. Planning Board Review:
October 2 2013 _ ORC Meeting
March 2014 — for recommendation
b. Advisory Boards:
Agricultural Preservation Board —
October 16, 2013 meeting for
review /comment; additional APB
meetings as deemed necessary
c. Local Government Review:
November 21, 2013 AOG Meeting to
Present to Elected Officials
JPA partners will be formally notified
and invited to comment a minimum of
30 days prior to adoption (per JPA
Agreement). (Planning staff intends to
transmit the proposed amendment
package to JPA partners well before
the 30 -day minimum.)
d. Notice Requirements
August 13, 2013 - Planning staff
informally notified Chapel Hill and
Carrboro Planning Directors of work
in progress and anticipated AOG
item.
Consistent with NC State Statutes and requirements in UDO — legal ad prior to
public hearing.
e. Outreach:
® General Public: At least one public information meeting will be held prior to
the quarterly public hearing.
❑ Small Area Plan Workgroup:
® Other: Planning staff will work with DEAPR staff and the Agricultural
Preservation Board to ensure the "agricultural community" is
informed of the amendments.
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
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provision of County services. Costs for the required legal advertisement will be paid
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from FY2013 -14 Departmental funds budgeted for this purpose. Existing County
staff included in Departmental staffing budgets will accomplish the work required to
process this amendment and to develop the accompanying user - friendly manual.
D. AMENDMENT IMPLICATIONS
These amendments incorporate land uses the agricultural community would like to see
specifically included on the Table of Permitted Uses (Section 5.2) (as opposed, for
example, being considered "Retail, Class 1 "). The amendments also establish a new
conditional zoning district (ASE -CZ) and denote the types of uses that may be applied
for as part of an ASE -CZ rezoning application, potentially allowing for development of
more agriculturally - related uses in the county. The proposed amendments will also
expand agriculturally - related uses in some of the general use zoning districts.
Please also see section B.2 above for additional information.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available as part of quarterly public hearing materials. A draft of the amendment
package is anticipated to be included in the September 9, 2013 work session materials.
Primary Staff Contact:
Perdita Holtz
Planning & Inspections
919- 245 -2578
pholtz @orangecountync.gov
Attachment 2
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2013 -04
UDO Text Amendment(s) incorporating recent changes in State law concerning the
regulation of telecommunication facilities
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
7
Section(s): Section 5.10 Standards for Telecommunication Facilities inclusive of
the UDO to incorporate recent changes to State law with the
processing of new applications and equipment change out requests
for telecommunication towers.
❑ Other:
1. Purpose /Mission
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 amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013 -185, related to the processing and review of applications for new
telecommunication facilities or equipment/antenna change outs.
The Session Law, adopted on June 26, 2013 establishes new criteria related to the
processing of applications, including-
1 . Local governments can no longer require information concerning the specific
need for the proposed wireless support structure, including if the proposal
seeks to add additional wireless coverage or capacity, as part of the
application package.
2. Local governments cannot require `proprietary, confidential, or other business
information' to justify the need for a new telecommunication facility.
3. Limits the fee local governments can collect for a consultant to review
applications for co- locations (i.e. equipment change out) to $1,000.00.
4. Mandates review timelines /deadlines for a local government to act on co-
location applications. The Session Law establishes a 45 day time limit on
review so long as the application is complete.
A copy of the Session Law can be found at the end of this form.
2. Analysis
As required under Section 2.8.5 of the UDO, 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 amendments are necessary to ensure our process is consistent with recent changes
in State Law.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
4. New Statutes and Rules
Session Law 2013 -185 An Act to Facilitate the Deployment of Mobile Broadband and
other Enhanced Wireless Communication Services by Streamlining the Processes
Uses by State Agencies and Local Governments to Approve the Placement of
Wireless Facilities in their Jurisdictions (included at the end of this form).
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
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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:
October 2 2013 _ Ordinance Review Committee ORC
December 4, 2013 — Recommendation
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
® Other: Staff will ask our current telecommunication consultant, the Center
for Municipal Solutions, to review and comment on the amendments.
This review is part of their existing contract with the County and will
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not result in additional cost.
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment will be handled by existing staff utilizing
existing budgeted funds.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Available as part of the public hearing materials.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
mharvey @orangecountync.gov
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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013 -185
HOUSE BILL 664
AN ACT TO FACILITATE THE DEPLOYMENT OF MOBILE BROADBAND AND
OTHER ENHANCED WIRELESS COMMUNICATIONS SERVICES BY
STREAMLINING THE PROCESSES USED BY STATE AGENCIES AND LOCAL
GOVERNMENTS TO APPROVE THE PLACEMENT OF WIRELESS FACILITIES IN
THEIR JURISDICTIONS.
The General Assembly of North Carolina enacts:
SECTION 1. Article 19 of Chapter 160A of the General Statutes reads as
rewritten:
"Part 3E. Wireless Telecommunications Facilities.
"§ 160A- 400.50. Purpose and compliance with federal law.
(a) The purpose of this section is to ensure the safe and efficient integration of facilities
necessary for the provision of advanced mobile broadband and wireless telecommunications
services throughout the community and to ensure the ready availability of reliable wireless
service to the public, government agencies, and first responders, with the intention of furthering
the public safety and general welfare.
1455(a), which creates a national wireless emergency communications network for use by first
responders that in large measure will be dependent on facilities placed on existing wireless
standards shall apply to a city's actions, as a regulatory body, in the regulation of the placement,
construction, or modification of a wireless communications facility.
(b) The placement, construction, or modification of wireless communications facilities
shall be in conformity with the Federal Communications Act, 47 U.S.C. § 332 as amended,
section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. §
1455(a), and in accordance with the rules promulgated by the Federal Communications
Commission.
"§ 160A- 400.51. Definitions.
The following definitions apply in this Part.
(1) Antenna. — Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
(2) Application. — A formal request submitted to the city to construct or modify
a wireless support structure or a wireless facility.
2a Base station. — A station at a specific site authorized to communicate with
cables, power supplies, and other associated electronics.
(3) Building permit. — An official administrative authorization issued by the city
prior to beginning construction consistent with the provisions of
G.S. 160A -417.
(4) Collocation. — The placement or installation of wireless facilities on existing
structures, including electrical transmission towers, water towers, buildings,
and other structures capable of structurally supporting the attachment of
wireless facilities in compliance with applicable codes.T-he installation e
&= 1 1 / ( f ( 1 &
4a
(5)
12
Eligible facilities request. - A request for modification of an existing
wireless tower or base station that involves collocation of new transmission
equipment or replacement of transmission equipment but does not include a
substantial modification.
eetntntmieation signals.
(5a) Fall zone. - The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
(6) Land development regulation. - Any ordinance enacted pursuant to this Part.
(7) Search ring. - The area within which a wireless suport facility or wireless
facility must be located in order to meet service objectives of the wireless
service provider using the wireless facility or wireless support structure.
7a Substantial modification. - The mounting of a proposed wireless facility on
(8)
8a
M
below. The burden is on the local government to demonstrate that a
mounting that does not meet the listed criteria constitutes a substantial
20
b.
C. increasing _ t ne s�
by more than 2.5
Utility pole. - A structure that is designed for and used to carry lines, cables,
or wires for telephone, cable television, or electricity, or to provide lighting.
(9) Wireless facility. - The set of equipment and network components, exclusive
of the underlying wireless support structure or tower, including antennas,
transmitters, receivers, rfs-base stations, power supplies, cabling, and
associated equipment necessary to provide wireless data and wireless
telecommunications services to a discrete geographic area.
(10) Wireless support structure. - A new or existing structure, such as a
monopole, lattice tower, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless
support structure.
structural design, setbacks, and tall zones, or Mate and local building code requirements,
Page 2 Session Law 2013 -185 SL2013 -185
13
consistent with the provisions of federal law provided in G.S. 160A- 400.50. For purnoses of
this Part, public safety includes, without limitation, federal, State, and local safety regulations
but does not include requirements relating to radio frequency emissions of wireless facilities.
"§ 160A- 400.52. Construction of new wireless support structures or substantial
modifications of f4eilities nn wireless support structures.
(a) A eity ri, plan f r and tvgttlate t4e siting „a;f;eatioN eles
f o of y,ir -eless foe lities
(b) Any person that proposes to construct a new wireless su port structure or
substantially modify a wireless support structure ^r ,, 4eless f edit., within the planning and
land -use jurisdiction of a city must do both of the following:
(1) Submit a completed application with the necessary copies and attachments to
the appropriate planning authority.
(2) Comply with any local ordinances concerning land use and any applicable
permitting processes.
(c) A city's review of an application for the plaoemefit, io e placement or
construction of a new wireless suport structure or substantial modification of a '€less
fae l wireless support structure shall only address public safety, land development, or
zoning issues. In reviewing an application, the city may not require information on or evaluate
an applicant's business decisions about its designed service, customer demand for its service, or
quality of its service to or from a particular area or site. A city may not require information that
concerns the specific need for the wireless support structure_ including if the service to be
wireless capacity.
A city may not require proprietary, confidential, or other business
information to justify the need for the new wireless suport structure, including
�propagation
maps and telecommunication traffic studies. In reviewing an application, the city may review
the following:
(1)
Applicable public safety, land use, or zoning issues addressed in its adopted
regulations, including aesthetics, landscaping, land -use based location
priorities, structural design, setbacks, and fall zones.
(2)
Information or materials directly related to an identified public safety, land
development, or zoning issue including evidence that no existing or
previously approved wireless suport structure can reasonably be used for
the ^ a-wireless facility placement instead of the construction of a new
wireless suport structure, that residential, historic, and designated
scenic areas cannot be served from outside the area, or that the proposed
height of a new r—wireless suport structure or initial ^ a-wireless
facility placement or a proposed height increase of a substantially modified
wireless suport structure, or replacement f,wireless suport
structure of eelleea is necessary to provide the applicant's designed
service.
(3)
A city may require applicants for new wireless facilities to evaluate the
reasonable feasibility of collocating new antennas and equipment on an
existing wireless suport structure or structures within the applicant's search
ring. Collocation on an existing wireless suport structure is not reasonably
feasible if collocation is technically or commercially impractical or the
owner of the texisting wireless suport structure is unwilling to enter
into a contract for such use at fair market value. Cities may require
information necessary to determine whether collocation on existing wireless
support structures is reasonably feasible.
eelleeation
to
(4)
applieation entitled stream= eeessifig tladetf
SL2013 -185 Session Law 2013 -185 Page 3
14
(e) The city shall issue a written decision approving or denying an application v�,44ifi 45
G.S. , tin n 400 53 a* under this section within a reasonable period of time consistent with the
issuance of other land -use permits in the case of other applications, each as measured from the
time the application is deemed complete.
(f) A city may fix and charge an application fee, consulting fee, or other fee associated
with the submission, review, processing, and approval of an application to site new wireless
suport structures or to substantially modify wireless support structures or wireless facilities
that is based on the costs of the services provided and does not exceed what is usual and
customary for such services. Any charges or fees assessed by a city on account of an outside
consultant shall be fixed in advance and incorporated into a permit or application fee and shall
be based on the reasonable costs to be incurred by the city in connection with the regulatory
review authorized under this section. The foregoing does not prohibit a city from imposing
additional reasonable and cost based fees for costs incurred should an applicant amend its
application. On request, the amount of the consultant charges incorporated into the permit or
application fee shall be separately identified and disclosed to the applicant. The fee imposed by
a city for review of the aplication may not be used for either of the following
Travel time or expenses, meals, or overnight accommodations incurred in
the review of an aplication by a consultant or other third party.
Reimbursements for a consultant or other third party based on a contingent
fee basis or a results -based arrangement. _
(g) The city may condition approval of an application for a new wireless support
structure on the provision of documentation prior to the issuance of a building permit
establishing the existence of one or more parties, including the owner of the wireless support
structure, who intend to locate wireless facilities on the wireless support structure. A city shall
not deny an initial land -use or zoning permit based on such documentation. A city may
condition a permit on a requirement to construct facilities within a reasonable period of time,
which shall be no less than 24 months.
(h) The city may not require the placement of wireless support structures or wireless
facilities on city owned or leased property, but may develop a process to encourage the
placement of wireless support structures or facilities on city owned or leased property,
including an expedited approval process.
(i) This section shall not be construed to limit the provisions or requirements of any
historic district or landmark regulation adopted pursuant to Part 3C of this Article.
"§ 160A- 400.53. Collocation and eligible facilities requests of wireless support structures.
faeilitiesw
��LSL7iR!'S' .�t'S'T'i.. T:S'�S.\� . R. lSSt :SG7.SRSLiRS.'i773S'JSSG1iCTS .RS.iiGR.7.7�. SSt:S7.7 Tf�
I
Page 4 Session Law 2013 -185 SL2013 -185
15
related to the actual content of the application and subject matter of the collocation or eligible _
facilities request. An application is deemed complete on resubmission if the additional
materials cure the deficiencies indicated.
processing, and approval of a collocation application. A city may engage a third -party
consultant for technical consultation and the review of a collocation application. The fee
imposed by a city for the review of the application may not be used for either of the following_
Travel expenses incurred in a third - party's review of a collocation
application.
Reimbursement for a consultant or other third party based on a contingent
0 0 0
vr v4r- ess 8- Pdt:e t6 vcni — the =vcrr ess f4eilities -- fit:e t6�c
attaC
The 11 .a t ' the a tt, o
zzr�C�rrvCz' �t�6ir- nTVcTli6-riirC�e- a$c -crr� "ccirrez'�- f�}3£vP.r'rt�
�7 The AvA.44-:e��esq`r facilities in t e p „$eCell^veation ee ply , V�,44 applieable
ty tiefis, t°cstnetiefis et: tCendition , if any, applied to tnc initial = vciiele�s
The additional wireless f4eilities ee ,•1„ , ,;tl, all federal, Statecccr
safety tv"it:etnefits.
(�
The eerrvczati6ir does - fiv ex6@ ccnnc- irpprrEablev�,elghcz limits zvr- cnc= v�,rrele�s
"
SECTION 2. Article 18 of Chapter 153A of the General Statutes reads as
rewritten:
"Part 3B. Wireless Telecommunications Facilities.
"§ 153A- 349.50. Purpose and compliance with federal law.
(a) Purpose. — The purpose of this section is to ensure the safe and efficient integration
of facilities necessary for the provision of advanced mobile broadband and wireless
telecommunications services throughout the community and to ensure the ready availability of
reliable wireless service to the public, government agencies, and first responders, with the
intention of furthering the public safety and general welfare.
1455(a), which creates a national wireless emergency communications network for use by first
responders that in large measure will be dependent on facilities placed on existing wireless
communications support structures, it is the policy of this State to facilitate the placement of
wireless communications support structures in all areas of North Carolina. The following
standards shall apply to a county's actions, as a regulatory body, in the regulation of the
placement, construction, or modification of a wireless communications facility.
(b) Compliance with the Federal Communications Act. — The placement, construction,
or modification of wireless communications facilities shall be in conformity with the Federal
Communications Act, 47 U.S.C. § 332 as amended, section 6409 of the federal Middle Class
SL2013 -185 Session Law 2013 -185 Page 5
16
Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), and in accordance with the rules
promulgated by the Federal Communications Commission.
"§ 153A- 349.51. Definitions.
The following definitions apply in this Part:
(1) Antenna. — Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
2a Base station. — A station at a specific site authorized to communicate with
mobile stations_ generally consisting of radio receivers_ antennas_ coaxial
(2) Application. — A formal request submitted to the county to construct or
modify a wireless support structure or a wireless facility.
(3) Building permit. — An official administrative authorization issued by the
county prior to beginning construction consistent with the provisions of
G.S. 153A -357.
(4) Collocation. — The placement or installation of wireless facilities on existing
structures_ including electrical transmission towers_ water towers_ buildings_
4a
(5)
suport structure within which a wireless facility is located.E"ipmefit
Of t4et: o rt f f r too tt:a,stnissief -- --ption of, roles
eetntntmieatiefi signals.
(5a) Fall zone. — The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
(6) Land development regulation. — Any ordinance enacted pursuant to this Part.
(7) Search ring. — The area within which a wireless suport facility or wireless
facility must be located in order to meet service objectives of the wireless
service provider using the wireless facility or wireless support structure.
7a Substantial modification. — The mounting of a proposed wireless facility on
ilities in compliance with applicable codes.T-he installation e
Eligible facilities request. — A request for modification of an existing
substantial modification if it meets anv one or more of the criteria listed
mounting that does not meet the listed criteria constitutes a substantial
change to the physical dimensions of the wireless suport structure.
a. Increasing the existing vertical height of the structure by the greater
b.
C*
antenna array with separation from the nearest existing antenna not to
exceed 20 feet.
Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable, adding an
(8) Utility pole. — A structure that is designed for and used to carry lines, cables,
or wires for telephone, cable television, or electricity, or to provide lighting.
Page 6 Session Law 2013 -185 SL2013 -185
17
8a Water tower. — A water storage tank, a standpipe, or an elevated tank
situated on a support structure originally constructed for use as a reservoir or
facility to store or deliver water.
(9) Wireless facility. — The set of equipment and network components, exclusive
of the underlying wireless support structure or tower, including antennas,
transmitters, receivers, rfs--base stations, power supplies, cabling, and
associated equipment necessary to provide wireless data and wireless
telecommunications services to a discrete geographic area.
(10) Wireless support structure. — A new or existing structure, such as a
monopole, lattice tower, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless
support structure.
applications to construct, modify, or maintain wireless support structures, or construct, modify,
maintain, or collocate wireless facilities on a wireless support structure based on consideration
of land use_ public safety and zoning considerations_ including aesthetics_ landscaping_
"§ 153A- 349.52. Construction of new wireless support structures or substantial
modifications of aff- hies fin wireless support structures.
fFe"e o of v,ir -eless f,,eilities
(b) Any person that proposes to construct a new wireless support structure or
substantially modify a wireless support structure ^r ,, 4eless f edit. within the planning and
land -use jurisdiction of a county must do both of the following:
(1) Submit a completed application with the necessary copies and attachments to
the appropriate planning authority.
(2) Comply with any local ordinances concerning land use and any applicable
permitting processes.
(c) A county's review of an application for the plaeemefit lacement or
construction of a new wireless support structure or substantial modification of a '€less
faei wireless support structure shall only address public safety, land development, or
zoning issues. In reviewing an application, the county may not require information on or
evaluate an applicant's business decisions about its designed service, customer demand for its
service, or quality of its service to or from a particular area or site. A county may not require
or additional wireless capacity. A county may not require proprietary, confidential, or other
business information to justify the need for the new wireless support structure, including
propagation maps and telecommunication traffic studies. In reviewing an application the county
may review the following:
(1) Applicable public safety, land use, or zoning issues addressed in its adopted
regulations, including aesthetics, landscaping, land -use based location
priorities, structural design, setbacks, and fall zones.
(2) Information or materials directly related to an identified public safety, land
development or zoning issue including evidence that no existing or
SL2013 -185 Session Law 2013 -185 Page 7
previously approved wireless support structure can reasonably be used for
the ^wireless facility placement instead of the construction of a new
wireless support structure, that residential, historic, and designated
scenic areas cannot be served from outside the area, or that the proposed
height of a new r—wireless suport structure or initial ^ a-wireless
facility placement or a proposed height increase of a substantially modified
wireless suport structure, or replacement wireless su port
structure or collocation is necessary to provide the applicant's designed
service.
(3) A county may require applicants for new wireless facilities to evaluate the
reasonable feasibility of collocating new antennas and equipment on an
existing wireless suport structure or structures within the applicant's search
ring. Collocation on an existing wireless suport structure is not reasonably
feasible if collocation is technically or commercially impractical or the
owner of the texisting wireless suport structure is unwilling to enter
into a contract for such use at fair market value. Counties may require
information necessary to determine whether collocation on existing wireless
support structures is reasonably feasible.
(4) eolleeation applieation entitled to stt:eamlifi 6Cessifig cHad€tf
G.S. G.S. 153A 349.53 shall be deemed eemplete ttaless the eity pt:ovides notiee in �N,Fitiflg to 44e
(e) The county shall issue a written decision approving or denying an application V ,
3A 349 under this section within a reasonable period of time consistent with the
issuance of other land -use permits in the case of other applications, each as measured from the
time the application is deemed complete.
(f) A county may fix and charge an application fee, consulting fee, or other fee
associated with the submission, review, processing, and approval of an application to site new
wireless suport structures or to substantially modify wireless support structures or wireless
facilities that is based on the costs of the services provided and does not exceed what is usual
and customary for such services. Any charges or fees assessed by a county on account of an
outside consultant shall be fixed in advance and incorporated into a permit or application fee
and shall be based on the reasonable costs to be incurred by the county in connection with the
regulatory review authorized under this section. The foregoing does not prohibit a county from
imposing additional reasonable and cost based fees for costs incurred should an applicant
amend its application. On request, the amount of the consultant charges incorporated into the
permit or application fee shall be separately identified and disclosed to the applicant. The fee
imposed by a county for review of the application may not be used for either of the following:
the review of an aplication by a consultant or other third party.
Reimbursements for a consultant or other third party based on a contingent
fee basis or a results -based arrangement. _
(g) The county may condition approval of an application for a new wireless support
structure on the provision of documentation prior to the issuance of a building permit
establishing the existence of one or more parties, including the owner of the wireless support
structure, who intend to locate wireless facilities on the wireless support structure. A county
shall not deny an initial land -use or zoning permit based on such documentation. A county may
condition a permit on a requirement to construct facilities within a reasonable period of time,
which shall be no less than 24 months.
(h) The county may not require the placement of wireless support structures or wireless
facilities on county owned or leased property, but may develop a process to encourage the
placement of wireless support structures or facilities on county owned or leased property,
including an expedited approval process.
(i) This section shall not be construed to limit the provisions or requirements of any
historic district or landmark regulation adopted pursuant to Part 3C of this Article.
Page 8 Session Law 2013 -185 SL2013 -185
19
"§ 153A- 349.53. Collocation and eligible facilities requests of wireless support
structures.f-°^i
(a) Pursuant to section 6409 of the federal Middle Class Tax Relief and Job Creation
the collocation or eligible lacilities request. An aplication is deemed complete on
resubmission if the additional materials cure the deficiencies indicated.
may not be used for either of the following:
Travel expenses incurred in a third party's review of a collocation
application.
Reimbursement for a consultant or other third party based on a contingent
0 0 0
of vAr- ess 8- PdFe t6 vcni — the =vcrr ess f4eilities -- fife t6�c
attaC
The
t t .a
t' the
"ccirrez'�-
a tl, o
zzr�C�rrvCz'
plan
The
�t�6ir- nTVcTli6-riirC�e-
f ,- e i
AvA.44-:e4�esq`r f4eili
a$c -crr�
.test,, -os and . eill ,,-y
ies in the
f e l;ties
f�}3£vP.r'rt�
ly z
,;tl,
(3-)
pt:epesed eelleeation
if
eem
to tnc initial
applieable
-el
t:eplatiefis,
tyst
etiefis et: tCendition ,
any, applied
vAr e�s
The
4eilities
, ,;tl,
fedet:Mat
(4)
safety
additional
„tom
Bless eemp y
all
SL2013 -185 Session Law 2013 -185 Page 9
"§ 146 -29.:
P
The eerrvczati6ir- does - iiv €x6 @ccrcrrc- irpprr ev�,€ight limits zvr- Sac =vArr �s
SECTION 3. G.S. 146 -29.2 reads as rewritten:
Antenna. — Uommumcahons equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
Buildings. — Structures owned or leased by the State on which equipment
may be placed or attached.
Collocation. — The placement or installation of wireless facilities on existing
Equipment. — Antennas, transmi
of television broadcast signals, radio wave signals, wireless data or wireless
telecommunication services to a discrete geographic area, and all other
Provider. — Any person that is engaged in the transmission, reception, or
dissemination of television broadcast signals, radio wave signals, or
communication service.
„stpdetief and plaee e t of eetntnttaieatiefi-EiConstructing, installing, and
operating towers and equipment on State land.'a plaeement of
„to,,,,, s "en State oa
Installing and operating equipment on towers, buildings, or ground area
owned or leased by the State.
(c) If otherwise feasible and determined by the Department of Administration to be in
the best interest of the State:
New towers constructed on State land shall be designed for collocation. This
requirement shall not aply to towers constructed on State land by the State
Page 10 Session Law 2013 -185 SL2013 -185
21
classes of leases, easements, or licenses with an interest in real property for the purposes set
forth in this section. The rules may allow for execution of leases or other instruments by the
Department of Administration rather than execution of the instruments in the manner
(e) Land in the State Parks System, as defined in G.S. 113 -449.9
in
(4-) The lease shall tv"it:e t4e lessee to pefmit et4et: teleeemmtmieatiefis eat:t:i
between t o lessee and t e ee - r eciting cirirc- cH61 t e
eenniHicuti6is
feasible a tc -cnirc leeation, t4e ee mi tmieatiefis- t6v�,€t- sh•,ll be d, i
eenstfueted to . ed t° etl,°,- „ t e tey,°,
The State sh all, 'n detet:mi lv^eatio,, of lands to be !eased
E6iimtmieatiefis tevP,ers, eneezltage eemmtmieatiefis tevP,et:s to be leeat€ s
tl,°,- eemmtmieatiefis t„zv, °, to t e extent t °,.hfii ally desi - ble
�7 The State shall, vTc'il'iefi Chiv6$H1 irmntmieutiefis t$vPCrvran efina leeati6ir
Ei?66se a leeation v�ieh mmimiz° tc�-- cne -vTsttal impaet „ding
landseape.
(4) The State shall fiet lease lands of t4e State Pat:ks System fet: stteh •
Fet: pt1t=p6ses of tcr- misseeti6n, "ee leeate and ee leeaation" mean t ie"rhaFing of a
(f City and county ordinances apply to communications towers and antennas
authorized under this section."
SECTION 4. Sections 1 and 2 of this act become effective October 1, 2013, and
apply to applications received on or after that date. The remainder of this act is effective when
it becomes law.
In the General Assembly read three times and ratified this the 18th day of June,
2013.
s/ Tom Apodaca
Presiding Officer of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:08 p.m. this 26th day of June, 2013
SL2013 -185 Session Law 2013 -185 Page 11
Attachment 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2013 -05
UDO Text Amendment(s) incorporating recent changes in State law concerning
procedural and notification requirements for the Board of Adjustment
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
on(s): 1. Section 2.5 4 Site Plan Review — Procedures and
Timeframes
2. Section 2.10 Variances
3. Section 2.11 Interpretations
4. Section 2.12 Board of Adjustment
5. Section 2.25 Appeals
22
of the UDO to incorporate recent changes to State law with respect
to items reviewed and by the Orange County Board of Adjustment
❑ Other:
1
23
B. RATIONALE
1. Purpose /Mission
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 amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013 -126, related to the processing and review of variance,
interpretation /appeal, and special use permit applications by the Board of Adjustment
(BOA).
The Session Law modifies and updates procedural and notification requirements for the
various applications reviewed by the BOA, including:
1. Allowing for a simple majority vote on appeal and special use permit
applications. The General Statutes previously required a four - fifths vote of
BOA members to grant on all applications before them.
It should be noted variance requests are still required to be approved by a
four -fifths vote.
2. Adds new language spelling out the local government's responsibility for
informing a property owner of public hearings dates /times.
3. Adds new language establishing the manner in which planning decisions can
be advertised. We now have an option of posting a sign on a property where
a zoning decision /determination has been made.
This is in furtherance of allowing for a broader `notification' of planning
decisions to the general public.
4. Clarifies deadlines for filing appeals of BOA decisions with Superior Court.
5. Modifies language establishing the criteria for the issuance /denial of a
variance.
A copy of the Session Law can be found at the end of this form.
2. Analysis
As required under Section 2.8.5 of the UDO, 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 amendments are necessary to ensure our process is consistent with recent changes
in State Law.
It should be noted staff is not proposing modifications of existing notification standards.
State law, for example, requires we notify adjacent property owners of a hearing by the
BOA on a variance, appeal, or special use permit 10 days prior to said meeting via first
class mail.
The County currently sends this notice via certified mail 15 days prior to the hearing. We
will not be changing this requirement as part of this amendment process.
2
ex,
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
4. New Statutes and Rules
Session Law 2013-126 An Act To Clarify And Modernize Statutes Regarding Zoning
Board of Adjustment (included at the end of this form)
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearin
...............
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 — Approve legal advertisement for the November 25, 2013
Quarterly Public Hearing.
October 2, 2013 — Planning Board Ordinance Review Committee (ORC) (BOCC
members can read agenda materials)
November 25, 2013 — Quarterly Public Hearing
January 2014 - 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:
October 2, 2013 — Ordinance Review Committee (ORC)
December 4, 2013 — Recommendation
b. Advisory Boards:
c. Local Government Review-
25
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
Costs of mailings and /or legal notices shall continue to be offset by application fees
for various projects acted upon by the BOA.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
Available as part of the public hearing materials.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
mharvey @orangecountync.gov
11
P
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013 -126
HOUSE BILL 276
AN ACT TO CLARIFY AND MODERNIZE STATUTES REGARDING ZONING BOARDS
OF ADJUSTMENT.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A -388 reads as rewritten:
"§ 160A -388. Board of adjustment.
(a) Composition and Duties. — The eity eettfleil— zoning or unified development
ordinance may provide for the appointment and compensation of a board of adjustment
consisting of five or more members, each to be appointed for three years. In appointing the
original m,,m, efs of stte . b,.af , members or in the filling of vacancies caused by the expiration
of the terms of existing members, the cif council may appoint certain members for less than
three years tad so that ef-the terms of all members shall not expire at the same
time. The council may, i1i 48 E i8efeti6fl., may appoint and provide compensation for alternate
members to serve on the board in the absence or temporary disqualification of any regular
member or to fill a vacancy pending appointment of a member. Alternate members shall be
appointed for the same term, at the same time, and in the same manner as regular members.
Each alternate
member serving on behalf of any regular member has all
the powers and duties of a regular member. The ordinance may designate a planning
board or governing board to perform any et: all the duties of a board of adjustment in
addition to its other des. duties and may create and designate specialized boards to hear
technical appeals.
al Provisions of Ordinance. — The zoning or unified development ordinance may
provide that the board of adjustment hear and decide special and conditional use permits,
requests for variances, and appeals of decisions of administrative officials charged with
enforcement of the ordinance. As used in this section, the term "decision" includes any final
and binding order, requirement, or determination. The board of adjustment shall follow
quasi-judicial procedures when deciding appeals and requests for variances and special and
conditional use permits. The board shall hear and decide all matters upon which it is required to
pass under any statute or ordinance that regulates land use or development.
a2 Notice of Hearing. — Notice of hearings conducted pursuant to this section shall be
mailed to the person or entity whose appeal, application, or request is the subject of the hearin&
to the owner of the property that is the subject of the hearing if the owner did not initiate the
hearing, to the owners of all parcels of land abutting the parcel of land that is the subject of the
hearing, and to any other persons entitled to receive notice as provided by the zoning or unified
development ordinance. In the absence of evidence to the contrary, the city may rely on the
county tax listing to determine owners of property entitled to mailed notice. The notice must be
deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the
hearing. Within that same time period, the city shall also prominently post a notice of the
hearing on the site that is the subject of the hearing or on an adjacent street or highway
right -of -way_
(b)
&=- 21(f(1&
27
t e appeal is - taken.
Appeals. - The board of adjustment shall hear and decide meals decisions of
Page 2
the property that is the subiect of the decision and to the party who sought
the decision, if different from the owner. The written notice shall be
have constructive notice of the decision from the date a sign containing the
words "Zoning Decision" or "Subdivision Decision" in letters at least six
filed that because of the facts stated in an affidavit, a stay would cause
imminent peril to life or property or because the violation is transitory in
nature, a stay would seriously interfere with enforcement of the ordinance.
In that case, enforcement proceedings shall not be stayed except by a
Session Law 2013 -126 SL2013 -126
RM
meet to hear the appeal within 15 days after such a request is filed.
Notwithstanding the fore _going, appeals of decisions_ granting a permit or
otherwise affirming that a proposed use of property is consistent with the
witness. The appellant shall not be limited at the hearing to matters stated in
the notice of appeal. If any party or the city would be unduly prejudiced by
in the nature of certiorari, the hearing shall be based on the record below and
the scope of review shall be as provided in G.S. 160A- 393(k).
10 The parties to an meal that has been made under this subsection may agree
to mediation or other forms of alternative dispute resolution. The ordinance
may set standards and procedures to facilitate and manage such voluntary
alternative dispute resolution.
(c) Special and Conditional Use Permits. - The zoning ordinance may provide that the
board of adjustment may PewsPesilexeeptiento toe zoning zeglatie esified-
vat:ia-nees i e 11 ad „s°s and *4a* d may-tt�hear and decide special and conditional
use pefmits, all to b � Rermits in accordance with t4e pt:ifieiples, eenditiens, sRfepat: '
standards and procedures specified in the ordinance. Reasonable and appropriate conditions
may be imposed upon these permits.T -he ,,..a;,,, nee m also ,,,Aot:ize toe boat:d to iN*°=pr°*
(d) Variances. - When pt:aetieal di ffiettities or unnecessary hardships would result from
carrying out the strict letter of a zoning ordinance, the board of adjustment shall have toe pov, °r
wary eredify any of the r alai,
° ns of toe ,,..a;,,, nee so t4at provisions of the
The requested variance is consistent with the spy spirit, purpose, and intent
of the ot4inanee shall be obse , °a, ordinance, such that public safety and
,v,el f e s°,.,,.. °a safety is secured, and substantial justice his achieved.
No change in permitted uses may be authorized by variance. mate- eenditiens; Leh
consistent with the provisions of this subsection.
SL2013 -126 Session Law 2013 -126 Page 3
29
(e) Voting
The concurring vote of four - fifths of�nem of the board shall be
necessary to reyet:se any ot: e�e"it:emefit, decision, et: deteffflinirtion of
any administi:ative -eff eial eh-at:ge , ,its, toe eiifet:sefnefit of an et:d ,iafiee
adopted pttf t-to -t4is Pat4, et: to dee .ae in of t4e applieant -a*r,
matter en v�ieh it is zeqir-ed to pass tm ,,,.a;, anee, of to gfaat-a
grant a variance. A majority
to determine an meal made in the nature of certiorari. For the purposes of
this subsection, vacant positions on the board and members who are
disqualified from voting on a quasi-judicial matter shall not be considered
"membet:s of toe t.,,at4 members of the board for calculation of the requisite
majority if there are no qualified alternates available to take
the place of such members.
(el) A member of the board or any other body exercising quasi-judicial functions
pursuant to this Article shall not participate in or vote on any quasi-judicial matter in a manner
that would violate affected persons' constitutional rights to an impartial decision maker.
Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior
to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a
close familial, business, or other associational relationship with an affected person, or a
financial interest in the outcome of the matter. If an objection is raised to a member's
participation and that member does not recuse himself or herself, the remaining members shall
by majority vote rule on the objection.
(e2) Quasi - Judicial Decisions and Judicial Review. -
M
person required to provide notice shall certify that proper notice has been
made.
Every quasi- judicial decision of the t.oat:a shall be subject to review by the
superior court by proceedings in the nature of certiorari
pursuant to G.S. 160A -393. A petition for review by toe s "el et: ^^tt4 shall
be filed with the clerk of superior court v�,44i by the later of 30 days after
the decision of t4e beat:d is filed in stteh offiee as the et4inaflee speeifes-,is
effective or after a written copy thereof is given in accordance with
subdivision (1) of this subsection. When first -class mail is used to deliver
aggi4eved pat:ty eit4e,- by pet:sefial s ,- by , stet:e mail e eet4i a
(f) Oaths. -The ehaifman chair of the board of „a:,,stm° or any member tempet:at4ly
acting as chair and the clerk to the board areis authorized in his offieial ,.,,raeit„ to
administer oaths to witnesses in any matter coming before the board. Any person who, while
under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty
of a Class 1 misdemeanor.
(g) Subpoenas. - The board of adjustment through the chair, or in the chair's
absence anyone acting as chair, may subpoena witnesses and compel the production of
evidence. To request issuance of a subpoena, persons with standing under G.S. 160A- 393(d)
Page 4
Session Law 2013 -126 SL2013 -126
30
may make a written request to the chair explaining why it is necessary for certain witnesses or
in
appealed to the full board of adjustment. If a person fails or refuses to obey a subpoena issued
pursuant to this subsection, the board of adjustment or the party seeking the subpoena may
apply to the General Court of Justice for an order requiring that its erdel: subpoena be obeyed,
and the court shall have jurisdiction to issue these orders after notice to all proper parties. -Fe
SECTION 2.(a) G.S. 160A- 388(el) is recodified as G.S. 160A- 388(e)(2).
SECTION 2.(b) G.S. 160A- 388(e)(2), as recodified by Section 2(a) of this act,
reads as rewritten:
"(2) A member of 4w--Aay_board of any et4ef body exercising quasi-judicial
functions pursuant to this Article shall not participate in or vote on any
quasi-judicial matter in a manner that would violate affected persons'
constitutional rights to an impartial decision maker. Impermissible e0fliqiets
violations of due process include, but are not limited to, a member having a
fixed opinion prior to hearing the matter that is not susceptible to change,
undisclosed ex parte communications, a close familial, business, or other
associational relationship with an affected person, or a financial interest in
the outcome of the matter. If an objection is raised to a member's
participation and that member does not recuse himself or herself, the
remaining members shall by majority vote rule on the objection."
SECTION 3.(a) G.S. 153A -345 is repealed except that any local modification to
that section in effect on September 30, 2013, shall be treated as a local modification to
G.S. 160A -388 from October 1, 2013, through June 30, 2015.
SECTION 3.(b) Article 18 of Chapter 153A of the General Statutes is amended by
adding a new section to read:
"S 153A- 345.1. Board of adiustment.
For the purposes of this section, as used in G.S. 160A -388, the term "city council" is
r — 4I- - � � a -r .. �_ _ —, �� ---I I-- --- "..:4_," -
are deemed to refer to the county.
(c,) If a board of county commissioners does not zone the entire territorial jurisdiction of
the county, each designated zoning area shall, if practicable, have at least one resident as a
member of the board of adjustment; otherwise, the provisions of G.S. 153A -25 regarding
- -ur_- -- -- r -- - - - -= - - --M' -- -1 - -11 - - -�- 1 - -- - r --3= -- - - --- - -- n
SECTION 4. G.S. 160A- 381(c) reads as rewritten:
"(c) The regulations may also provide that the board of adjustment, the planning board,
or the city council may issue special use permits or conditional use permits in the classes of
cases or situations and in accordance with the principles, conditions, safeguards, and
procedures specified therein and may impose reasonable and appropriate conditions and
safeguards upon these permits. When deciding special use permits or conditional use permits,
the city council or planning board shall follow quasi-judicial procedures. Notice of hearings on
special or conditional use permit applications shall be as provided in G.S. 160A- 388(a2). No
vote greater than a majority vote shall be required for the city council or planning board to
issue such permits. For the purposes of this section, vacant positions on the board and members
who are disqualified from voting on a quasi-judicial matter shall not be considered "members
of the board" for calculation of the requisite majority. Every such decision of the city council or
planning board shall be subject to review of the superior court in the nature of certiorari in
accordance with G.S. 160A -388.
Where appropriate, such conditions may include requirements that street and utility
rights -of -way be dedicated to the public and that provision be made of recreational space and
facilities."
SECTION 5. G.S. 153A- 340(cl) reads as rewritten:
SL2013 -126 Session Law 2013 -126 Page 5
31
"(cl) The regulations may also provide that the board of adjustment, the planning board,
or the board of commissioners may issue special use permits or conditional use permits in the
classes of cases or situations and in accordance with the principles, conditions, safeguards, and
procedures specified therein and may impose reasonable and appropriate conditions and
safeguards upon these permits. Where appropriate, the conditions may include requirements
that street and utility rights -of -way be dedicated to the public and that recreational space be
provided. When deciding special use permits or conditional use permits, the board of county
commissioners or planning board shall follow quasi-judicial procedures. Notice of hearings on
special or conditional use permit aplications shall be as provided in G.S. 160A- 388(a2). No
vote greater than a majority vote shall be required for the board of county commissioners or
planning board to issue such permits. For the purposes of this section, vacant positions on the
board and members who are disqualified from voting on a quasi-judicial matter shall not be
considered "members of the board" for calculation of the requisite majority. Every such
decision of the board of county commissioners or planning board shall be subject to review of
the superior court in the nature of certiorari consistent with G.S. 153A- 345."
SECTION 6. G.S. 153A -44 reads as rewritten:
"§ 153A -44. Members excused from voting.
The board may excuse a member from voting, but only upon questions involving the
member's own financial interest or official conduct or on matters on which the member is
prohibited from voting under G.S. 14 -234, 153A- 340(g), or 153A 3^- el- 6I A- 388(e)(2).
For purposes of this section, the question of the compensation and allowances of members of
the board does not involve a member's own financial interest or official conduct."
SECTION 7. G.S. 153A- 336(a) reads as rewritten:
"(a) When a subdivision ordinance adopted under this Part provides that the decision
whether to approve or deny a preliminary or final subdivision plat is to be made by a board of
commissioners or a planning board, other than a planning board comprised solely of members
of a county planning staff, and the ordinance authorizes the board of commissioners or
planning board to make a quasi-judicial decision in deciding whether to approve the
subdivision plat, then that quasi-judicial decision of the board of commissioners or planning
board shall be subject to review by the superior court by proceedings in the nature of certiorari.
The provisions of G.S. 153A- 340(f), 153A 345(e4,160A- 388(e2�(21, and 153A -349 shall
apply to those appeals."
SECTION 8. G.S. 153A- 340(cl) reads as rewritten:
"(cl) The regulations may also provide that the board of adjustment, the planning board,
or the board of commissioners may issue special use permits or conditional use permits in the
classes of cases or situations and in accordance with the principles, conditions, safeguards, and
procedures specified therein and may impose reasonable and appropriate conditions and
safeguards upon these permits. Where appropriate, the conditions may include requirements
that street and utility rights -of -way be dedicated to the public and that recreational space be
provided. When deciding special use permits or conditional use permits, the board of county
commissioners or planning board shall follow quasi-judicial procedures. No vote greater than a
majority vote shall be required for the board of county commissioners or planning board to
issue such permits. For the purposes of this section, vacant positions on the board and members
who are disqualified from voting on a quasi-judicial matter shall not be considered "members
of the board" for calculation of the requisite majority. Every such decision of the board of
county commissioners or planning board shall be subject to review of the superior court in the
nature of certiorari consistent with G.S. 153A G.S. 160A- 388."
SECTION 9. G.S. 153A- 349(c) is repealed.
SECTION 10. G.S. 153A- 349.8(c) reads as rewritten:
"(c) If the developer fails to cure the material breach within the time given, then the local
government unilaterally may terminate or modify the development agreement; provided, the
notice of termination or modification may be appealed to the board of adjustment in the manner
provided by G.S. 153 } G.S. 160A- 388(bl )."
SECTION 11. G.S. 160A -75 reads as rewritten:
"§ 160A -75. Voting.
No member shall be excused from voting except upon matters involving the consideration
of the member's own financial interest or official conduct or on matters on which the member is
prohibited from voting under G.S. 14 -234, 160A- 381(d), or 160A 388(el 160A- 388(e)(2). In
all other cases, a failure to vote by a member who is physically present in the council chamber,
Page 6 Session Law 2013 -126 SL2013 -126
32
or who has withdrawn without being excused by a majority vote of the remaining members
present, shall be recorded as an affirmative vote. The question of the compensation and
allowances of members of the council is not a matter involving a member's own financial
interest or official conduct.
An affirmative vote equal to a majority of all the members of the council not excused from
voting on the question in issue, including the mayor's vote in case of an equal division, shall be
required to adopt an ordinance, take any action having the effect of an ordinance, authorize or
commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of
the city. In addition, no ordinance nor any action having the effect of any ordinance may be
finally adopted on the date on which it is introduced except by an affirmative vote equal to or
greater than two thirds of all the actual membership of the council, excluding vacant seats and
not including the mayor unless the mayor has the right to vote on all questions before the
council. For purposes of this section, an ordinance shall be deemed to have been introduced on
the date the subject matter is first voted on by the council."
SECTION 12. G.S. 160A- 377(a) reads as rewritten:
"(a) When a subdivision ordinance adopted under this Part provides that the decision
whether to approve or deny a preliminary or final subdivision plat is to be made by a city
council or a planning board, other than a planning board comprised solely of members of a city
planning staff, and the ordinance authorizes the council or planning board to make a
quasi-judicial decision in deciding whether to approve the subdivision plat, then that
quasi-judicial decision of the council or planning board shall be subject to review by the
superior court by proceedings in the nature of certiorari. The provisions of G.S. 160A- 381(c),
160A 388(e2) 160A- 388(e2)(2), and 160A -393 shall apply to those appeals."
SECTION 13. G.S. 160A- 393(c)(3) reads as rewritten:
"(3) Set forth with particularity the allegations and facts, if any, in support of
allegations that, as the result of impermissible conflict as described in
160A 388(e *G.S. 160A- 388(e)(2), or locally adopted conflict rules,
the decision - making body was not sufficiently impartial to comply with due
process principles."
SECTION 14. G.S. 160A- 3930)(2) reads as rewritten:
"(2) Whether, as a result of impermissible conflict as described in
160A 388(e *G.S. 160A- 388(e)(2), or locally adopted conflict rules,
the decision - making body was not sufficiently impartial to comply with due
process principles."
SECTION 15. This act becomes effective October 1, 2013, and applies to actions
taken on or after that date by any board of adjustment.
In the General Assembly read three times and ratified this the 10' day of June,
2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:20 p.m. this 19th day of June, 2013
SL2013 -126 Session Law 2013 -126 Page 7
Attachment 4
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2013 -03
Home Occupation Standards
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
�ection(s): 1. Section 2.2 Home Occupations
2. Section 5.5.3 Home Occupations
❑ Other:
B. RATIONALE
1. Purpose /Mission
33
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Board and Planning
Director are proposing to initiate a text amendment to modify existing language
1
34
relating to the regulation of home occupations within the county
At the January 9, 2013 Planning Board meeting, Board members discussed areas of
interest for planning staff to address for the next year. One item, which was
highlighted in the UDO Implementation Bridge report prepared when the UDO was
adopted in 2011, included the need to review existing home occupation standards for
a potential revision. At that time, Board members expressed concern with the
existing standards limiting home occupations by being too restrictive with the
required square footage allowances and number of permitted nonresidential
employees. As a result, the Board requested staff to proceed with reviewing existing
standards. To address the Planning Board's request, staff presented information at
the July 10, 2013 Planning Board meeting, including a summary of current standards
contained in the UDO, a comparison with other local jurisdictions' standards, and
items of consideration to facilitate and promote the use of home occupations.
Following review and discussion, the Board asked staff to proceed with an
amendment to the UDO addressing their comments and areas of interest relating to
the UDO Implementation Bridge report.
The proposed amendment will include language revising existing use standards and
a reference to Section 419, Live/Work Units, of the 2012 North Carolina Building
Code regarding the review and permitting of home occupations that are classified as
live /work units.
The purpose of the proposed amendment is to develop standards that accommodate
and encourage the use of larger scale home occupations while meeting standards of
the North Carolina Building Code in order to incorporate recommendations of the
Implementation Bridge into the Unified Development Ordinance.
2. Analysis
As required under Section 2.8.5 of the UDO, 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 proposed text amendment is designed to address suggested modifications from
the Planning Board's area of interest and elements of the UDO Implementation
Bridge. Additional analysis will be provided as part of the quarterly public hearing
materials.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Economic Development Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and enhances
high quality employment opportunities for County residents.
Economic Development Objective 1.5: Identify barriers to development of
2
35
desirable businesses and local businesses, and mitigate these barriers.
4. New Statutes and Rules
............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
N/A
............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
July 10 2013 _discussion of topic
September 4, 2013 — further discussion
October 2, 2013 — Ordinance Review Committee
December 4, 2013 — recommendation to BOCC
b. Advisory Boards:
c. Local Government Review:
Draft text will be sent to JPA partners
prior to public hearing
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
e. Outreach:
❑ General Public:
3
36
❑ 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 FY2013 -14 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
Precise amendments are still being discussed by the Planning Board and staff. It is
expected that allowable square footage dedicated to a home occupation will be
increased as well as the allowable number of non - resident employees. The proposed
amendments will also revise existing standards to address traffic, visitors, and special
events and allow for larger scale home occupations with an approved Class B Special
Use Permit. Additional information will be available with the quarterly public hearing
materials. The Planning Board and staff endeavor to be mindful of any adverse impacts
that may occur in the various types of residential districts found in the county while
creating the amendment package.
E. SPECIFIC AMENDMENT LANGUAGE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Will be available with the quarterly public hearing materials.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Primary Staff Contact:
Ashley Moncado
Planning Department
919- 245 -2589
amoncado @orangecountync.gov