HomeMy WebLinkAboutORD-2013-044 Ordinance amending UDO Related to Holding a Neighborhood Information Meeting for Govermental Uses Ordinance #. ✓..
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, governmental uses, including County offices, police/fire stations, and
volunteer fire stations are allowed as a permitted use of property is most general use
zoning districts, and
WHEREAS, the County has determined government uses should be subject to
additional public review, comment, and scrutiny, and
WHEREAS, the County has determined a neighborhood information meeting should
be held prior to the submittal of a formal site plan application to the County proposing the
development of a governmental use in order to inform the public of the project and solicit
comment, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and
WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner C"W seconded by
Commis 'oner the foregoing ordinance was adopted this
day of 013.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on 2013 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNESS my hand and the seal of said County, this day of
JA 6&44��- 2013.
01��¢
�Q Clerk to the Board of Commissioners
ortb
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations establishing a
requirement for a neighborhood information meeting prior to the submittal of a site plan
proposing the development of a governmental land use. The amendment package also proposes
the re-numbering of 2 existing sections,to accommodate the new standards, and updates existing
references throughout the UDO.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Stfikethr,,,,g Tex : Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
modification.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://orangecountync.gov/planning/Ordinances.asp
Article 2: Procedures
Section 2.22: Home Occupations
There are no changes iral stormwater measures that are designed, constructed and mai fined
proposed on this page. It rdance with the NC DWQ Stormwater BMP Design Manual, roved
p included n is page ting tool, and requirements listed in Section 6.14 will be sumed to meet
p uired performance standards of Section 6.14. Submi s containing
context for the next page res not designed to these specifications, may be proved on a case by
asis provided the applicant provides adequa data and information
ow the deviations meet the requirem s of Section 6.14.
(C) Plan Approval
The Erosion Control Officer i uthorized approve any Stormwater Management Plan
which is in conformance with the rf ance standards specified in the NC DWQ
Stormwater BMP Design Manual her requirements of this Ordinance.
(D) Approved Plana Prereq ' e
The Erosion Control icer is not authorized to is any permits for development on
any land that is fined as new development under Se ' n 6.14 of this Ordinance
unless and it a Stormwater Management Plan in compli a with the requirements of
this Or ' nce has been approved.
(E) D ign of Permanent Nutrient Export Reduction Structural Storm ter Measures
When a permanent nutrient export reduction structural stormwater measure I equired
for new development to meet the requirements of this Ordinance, a North Caroli
registered professional engineer shall prepare the plan with the Engineer's Certificati of
Stormwater Management affixed, signed, sealed and dated.
• 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application shall include a plot plan that adheres to the requirements of Sections 2.4.3
and 5.5.3.
2.22.2 Conditions of Approval _
(A) If conditions are attached to the approval of a permit, they may address deficiencies in
meeting specific Ordinance requirements or they may address specific impacts which
result from the operation of the home occupation.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Number of vehicles to be parked on the premises;
(3) The location of an accessory building, storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the home occupation from adjoining properties.
2.22.3 Application Approval
(A) If the application is approved, either with or without conditions, the Planning Director shall
send the applicant a permit letter informing him/her of the approval and of the
requirements of the Ordinance that apply to the home occupation.
Orange County,North Carolina—Unified Development Ordinance Page 2-63
Article 2: Procedures
Section 2.23: Day Care Center in a Residence
(B) The permit letter must be signed by the applicant to indicate his/her willingness to
operate the home occupation in conformance with the requirements and conditions set
forth in the permit letter.
(C) Each permit letter shall be kept on file by the Planning Director and shall constitute the
Home Occupation Permit for the particular use in question.
(D) The home occupation may be operated by the applicant as long as it is operated in
conformance with the requirements and conditions set forth in the permit letter.
2.22.4 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
2.22.5 Appeals
The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set
forth in Section 2.25 2.27.'
• I •
2.23.1 Application Requirements
(A) An application for a day care center in a residence for 3 to 12 children shall be filed with
the Planning Director on forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application shall include a plot plan that adheres to the requirements of Sections 2.4.3
and 5.8.1.
2.23.2 Application Review
Upon a determination that the application is complete, the Planning Director shall cause a review
of the application to be made. The review shall determine if the proposed day care center in a
residence for 3 to 12 children conforms with all requirements of this Ordinance. Based on the
review, the application will be approved, approved with conditions, or denied.
2.23.3 Conditions of Approval
(A) If conditions are attached to the approval,they may address deficiencies in meeting
specific chapter requirements or they may address specific impacts which result from the
operation of the day care center in a residence for 3 to 12 children.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Location of play area;
(3) Number of vehicles to be parked on the premises;
(4) The location of a storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the day care center in a residence for 3 to 12 children
from adjoining properties.
' Staff is update references based on the proposed amendment throughout the document.
Orange County,North Carolina—Unified Development Ordinance Page 2-64
Article 2: Procedures
Section 2.24:governmental uses
2.23.4 Application Approval
(A) If the application is approved, either with or without conditions, the Planning Director shall
send the applicant a letter informing him or her of the approval and of the requirements of
this Ordinance that apply to the day care center in a residence for 3 to 12 children
(B) The letter must be signed by the applicant to indicate his or her willingness to operate the
day care center in a residence for 3 to 12 children in conformance with the requirements
and conditions set forth in the letter.
(C) Each letter shall be kept on file by the Planning Director and shall constitute the approval
for the day care center in a residence for 3 to 12 children in question.
2.23.5 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
2.23.6 Annual Review
Each day care center in a residence for 3 to 12 children approved by the Planning Director shall
be reviewed annually by the Planning Director to assure compliance with the standards of
evaluation for such facilities.
2.23.7 Minor Changes to Approval
The Planning Director is authorized to approve minor changes in the approved day care center in
a residence for 3 to 12 children, provided that the changes are in harmony with the action of the
original approval and provided that any change in the operation complies with the standards of
evaluation as specified in Section 5.8.1.
2.23.8 Changes in Operation
Any change in the operation of the day care center in a residence for 3 to 12 children that does
not comply with the standards for evaluation as specified in Section 5.8.1 shall constitute a
modification and shall require the approval of a Class B Special Use Permit by the Board of
Adjustment under the provisions of Section 2.7 of this Ordinance.
2.23.9 Appeals
The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set
forth in Section 2.25 2.27.
2.24.1 Applicability
The following applies to those land uses permitted within the Governmental Uses land use
category as detailed within Section 52"
2 This section will require a neighborhood information meeting for all land uses permitted within the`Governmental
Uses' land use category prior to the formal submittal of a site plan application to the Planning Department if the
project has not been formerly subject to public comment.
s This section was added at the suggestion of the County Attorney's office to clarify which`governmental uses'the
meeting requirements would apply to. There was a concern utility development,detailed within Section 5.1.2,could
have somehow been interpreted as having to abide by these standards as well.
Orange County, North Carolina—Unified Development Ordinance Page 2-65
Article 2: Procedures
Section 2.25: Review of Environmental Documents
2.24.2 Neighborhood Information Meeting
(A) If a proposed project has not been a part of a previous planning effort that included the
opportunity for public comment and input a neighborhood information meeting shall be
held prior to the submittal of a site plan application. The purpose of this meeting is to
obtain surrounding property owner input and comments on the proposed development.
(1) Examples of planning efforts that generally include the opportunity for public
input are: park master plans small area plans solid waste management master
Plans, library master plans, etc.
(B) The Planning Department shall assist the applicant with the scheduling of the
neighborhood information meetbe
(C) The applicant shall obtain property owner mailing address information from the Planning
Department who shall utilize Orange County Land Records data and shall mail certified
notices of the meeting date place and time to each property owner within 500 feet of the
subject property.
(D) The notices shall be mailed a minimum of 14 days prior to the date of the meeting. s
(E) The applicant shall post a sign on the property advertising the date place and time of the
meeting a minimum of 10 days prior to the date of the meeting.
(F) The applicant is required to submit copies of the certified mail receipts denoting the date
of the mailing as well as a synopsis of comments from the meeting as part of the site plan
application The applicant shall also provide a written response on what steps, if any,
were taken to address said comments.
(G) A neighborhood information meeting shall not be required in cases where an applicant is
proposing to expand facilities less than 50% of existing floor area.
REVIEW OF ' • DOCUMENTS
2 24 12.25.1 Environmental Assessment
(A) Generally
An Environmental Assessment("EA" in this section) may be submitted prior to submittal
of the development application to determine if an Environmental Impact Statement("EIS"
in this section) may be required, provided that:
(1) All information necessary to perform the Assessment is provided, and
(2) The project application, when submitted, is consistent with the project described
in the Assessment.
(B) Review Process
(1) The Planning Department shall review the EA for completeness within 5 calendar
days of the date of submittal.
(2) If the EA is found to be incomplete, it shall be returned to the applicant with
notification of its deficiencies.
4 Many County Departments such as DEAPR,Solid Waste,Asset Management,and the Library already do public
outreach meetings for their projects. Staff believes it is unnecessary to duplicate these outreach efforts as part of the
site plan submittal process.
'Planning staff assists all applicants who are required to hold neighborhood information meetings. This includes
those applicants proposing a Major Subdivision,Conditional Use,and Conditional Zoning projects.
6 This is consistent with existing requirements for other neighborhood information meetings required by the UDO.
'Section is being renumbered and references are being updated throughout the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 2-66
Article 2: Procedures
Section 2.25: Review of Environmental Documents
(3) Upon acceptance of a complete EA, the applicant shall submit 10 copies to the
Planning Department. Additional copies may be required if needed. The EA will
be distributed by the Planning Department to other appropriate departments and
agencies for review and comment.
(4) Final Action on the EA shall occur within 14 days from the date of acceptance, or
such longer time as agreed to in writing by the applicant.
(5) If the EA reveals no"significant environmental impacts", as that term is defined in
this Ordinance, the Planning Department shall issue a Finding of No Significant
Impact(FONSI).
(6) If significant impacts are identified, the Planning Department shall issue a Finding
of Significant Impact and shall require that an Environmental Impact Statement
be prepared. The decision of the Planning Department shall be reviewed by the
County Manager upon request of the applicant or Planning Department.
(7) The applicant shall be notified if the Planning Department learns of any additional
state or local permits which may be required to conduct the proposed activity.
(8) Agencies the Planning Department has knowledge of potentially requiring
additional permits shall be notified of the proposed activity by the Planning
Department and shall have an opportunity to provide comments.
2422.25.2 Environmental Impact Statements
(A) Review Process
(1) The Planning Department shall review the EIS for completeness within 5 working
days of submittal.
(2) If the EIS is found to be incomplete, it shall be returned to the applicant with
notification of its deficiencies.
(3) Upon acceptance of a complete EIS, the applicant shall submit 10 copies to the
Planning Department. Additional copies may be required if needed. The EIS will
be distributed by the Planning Department to other appropriate departments and
agencies for review and comment.
(4) A notice shall be placed by the Planning Department in a newspaper of general
circulation, stating that the EIS will be available for public review at the Planning
Department for a period of at least 15 days.
(5) If the proposed activity requires a Mining Permit from the State of North Carolina,
or involves the storage of hazardous materials, the EIS shall also be sent to the
State Clearinghouse for distribution and review pursuant to Title I, Chapter 25,
Section .0200 of the North Carolina Administrative Code.
(6) If an EIS prepared for a State or Federal agency has completed the Federal or
State Environmental Review process, including publication in the"Environmental
Bulletin"then the EIS and any required addendum thereto shall be advertised as
available for public review at the Planning Department, but need not be re-
circulated through the State Clearinghouse.
(7) Upon Completion of the advertised 15-day review period, and upon receipt of
comments from the State Clearinghouse when applicable, all comments will be
compiled and summarized by Planning Staff.
(B) Public Hearing Required
(1) The EIS, along with all comments received during the review period, shall be
presented for public hearing concurrently with the development project.
Orange County, North Carolina—Unified Development Ordinance Page 2-67
Article 2: Procedures
Section 2.26:Appeals
(2) If a public hearing before the Board of County Commissioners is not required for
approval of the development project, then a special hearing shall be scheduled.
The hearing shall take place no later than 30 days after the close of the public
review period or receipt of comments from the State Clearinghouse, whichever is
later.
(C) Notice of Public Hearing
(1) Notice of the public hearing to review the EIS and receive public comment shall
be published at least twice in a newspaper of general circulation in the county,
stating the time and place of the hearing.
(2) Said notice shall appear in said newspaper for two successive weeks with the
first notice appearing not less than ten nor more than 25 days before the date set
for the public hearing. In computing the notice period, the day of publication is
not to be included, but the day of the hearing is to be included.
(D) Board of County Commissioners Action
(1) The Board of County Commissioners shall receive the EIS and all comments as
information only. The information presented may be used only to determine
compliance with specific development standards established in this Ordinance.
(2) No action shall be taken on the development project until after the EIS has been
presented to the Board of County Commissioners.
(E) Effect on Other Permits and Actions
Construction or installation of any major development project shall not commence until
subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final
EIS by the Board of County Commissioners.
2 25% 12.26.1 Generally
Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the decision
being appealed on forms provided by the Planning Department, if applicable.
22.26.2 Planning Director Decisions
(A) Site Plans or Other Decision Pertaining to this Ordinance
Any decision of the Planning Director regarding a site plan application or other decision
pertaining to this Ordinance not listed in (B)through (D) below may be appealed to the
Board of Adjustment according to the provisions set forth in Section 2.12 of this
Ordinance.
(1) An appeal to the Board of Adjustment from a decision or determination of the
Planning Director stays all proceedings in furtherance of the decision or
determination appealed from, except:
(a) Situations that, in the opinion of the Planning Director, a stay would
cause imminent peril to life and/or property.
(b) That the situation appealed from is transitory in nature and, therefore, an
appeal would seriously interfere with enforcement of the Ordinance.
In either instance in (a) and (b)above, the Planning Director shall place in
certificate the facts to support the conclusion.
(B) Exempt Subdivisions
$Section renumbered and references are being updated throughout the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 2-68
Article 2: Procedures
Section 2.26:Appeals
(1) The decision of the Planning Director regarding an exempt subdivision
application may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board's decision.
(C) Minor Subdivisions
(1) The decision of the Planning Director regarding a minor subdivision application
may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board's decision.
(D) Major Subdivisions—Final Plat
(1) The decision of the Planning Director regarding a Major Subdivision Final Plat
application may be appealed to the Board of Commissioners.
(2) The Board of Commissioners shall have final approval authority, and where
applicable, all Final Plats shall contain information and/or conditions approved by
the Board of Commissioners.
(3) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision.
(4) The applicant shall be notified, in writing, of the Board of Commissioners'
decision.
22.26.3 Planning Board Decisions
(A) Major Subdivisions—Concept Plan
(1) The decision of the Planning Board regarding Concept Plan Development
Options may be appealed to the Board of Commissioners.
(2) Any notice of appeal shall be filed, in writing, with the Planning Director within 15
days after the date of the Planning Board's decision.
(3) If the appeal involves a plan/map approval, 16 copies of the plan/map shall be
submitted along with the written appeal.
(4) The Board of Commissioners shall have final approval authority, and, where
applicable, all Concept Plan Development Options shall contain information
and/or conditions approved by the Board of Commissioners.
(5) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision. The applicant shall be notified, in writing, of the Board of
Commissioners'decision within ten days after said decision is made.
2 2S 42.26.4 Board of Adjustment Decisions
(A) Every decision of the Board shall be subject to review at the request of any aggrieved
party by the Superior Court by proceedings in the nature of certiorari. The appeal to
Superior Court must be filed within 30 days of the availability of the notice of decision
(2.12.5(A)).
Orange County, North Carolina—Unified Development Ordinance Page 2-69
Article 2: Procedures
Section 2.26:Appeals
2 25 52.26.5 Board of County Commissioners Decisions
(A) Quasi-Judicial Decisions
(1) Quasi-judicial decisions made by the Board of County Commissioners pursuant
to the Ordinance shall be subject to review at the request of any aggrieved party
by the Superior Court by proceedings in the nature of certiorari.
(2) The appeal to the Superior Court must be filed within 30 days of the filing of the
decision of the Board of County Commissioners by the Planning Director or the
delivery of the notice of the decision to the applicant, whichever is later.
(B) Legislative Decisions
(1) Legislative decisions made by the Board of County Commissioners pursuant to
the Ordinance shall be subject to review at the request of any aggrieved party by
the Superior Court.
(2) The appeal to the Superior Court must be filed from the date of adoption of said
Ordinance within the prescribed period below:
(a) 60 days in cases involving the appeal of an Ordinance amending the
Zoning Atlas,
(b) 1 year(365 days) in cases involving the appeal of an Ordinance
amendment the UDO,
(c) 3 years (1,035 days) in cases involving an appeal based on an alleged
defect in the adoption process of an Ordinance amending the LIDO.
2 25 R2.26.6 Water Supply Watershed Critical Area Boundary Line
Appeal applications disputing the Planning Director's decision regarding the location of a Water
Supply Watershed Critical Area boundary line shall be accompanied by:
(A) A survey prepared by a North Carolina registered land surveyor or professional engineer
depicting the differences between:
(1) The locational criteria in Section 4.2,
(2) The official Watershed map on file in the Planning Department, and
(3) The boundary line the applicant asserts is correct.
(B) A detailed explanation describing the differences in the three boundary lines contained in
(A) above.
2.25.72.26.7 Special Flood Hazard Overlay District
(A) Any property owner who has received an order to take corrective action in accordance
with Section 9.7 may appeal the order to the local elected governing body by giving
notice of appeal in writing to the Floodplain Administrator and the clerk within ten
business days following issuance of the final order.
(B) The local governing body shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
2 25 R2.26.8 Soil Erosion and Sedimentation Control
(A) Appeal of Erosion Control Plan
Except as provided in subsection (D) below, the appeal of a disapproval, approval with
modifications, or approval with conditions of an Erosion Control Plan shall be governed
by the following provisions:
Orange County,North Carolina—Unified Development Ordinance Page 2-70
Article 2: Procedures
Section 2.26:Appeals
(1) The disapproval of, modification of, or conditions of approval attached to any
proposed Erosion Control Plan by the Erosion Control Officer shall entitle the
person submitting the plan to an appeal of the decision to the Orange County
Planning Director.
(2) If the Planning Director upholds the decision, the person shall be entitled to a
public hearing if such person submits written demand for a hearing within 15
days after receipt of written notice of disapproval, modification, or conditions of
approval.
(B) Hearings
(1) Orange County
(a) This sub-subsection pertains to appeals for land-disturbing activities
occurring outside the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by the
Orange County Planning Board within 30 days after receipt of written
demand, as provided for in (A)(2)above.
(c) The Orange County Planning Board shall make recommendations to the
Board of County Commissioners within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The Board of County Commissioners will render its final decision on any
Erosion Control Plan appeal within 30 days of receipt of the Planning
Board recommendation.
(2) Other than Orange County
(a) This sub-subsection pertains to appeals for land-disturbing activities
occurring within the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by a
designated agency of the appropriate town or city board within 30 days
after receipt of written demand, as provided for in (A)(2)above.
(c) The said designated agency shall make recommendations to the
appropriate town or city board within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The said appropriate town or city board will render its final decision on
any Erosion Control Plan appeal within 30 days of the receipt of the
recommendations from the said designated agency conducting the
hearing.
(C) Appeal from Local Government's Decision
If the local governing body upholds the disapproval, modification, or conditions of
approval of a proposed Erosion Control Plan following the public hearing, the applicant
shall be entitled to appeal the local government's action to the North Carolina
Sedimentation Control Commission as provided in Section 113A-61(c)of the General
Statutes and Title 15A NCAC 4B.0118.
(D) Appeal of Erosion Control Plan if Disapproval Based on Applicant's Past
Performance
The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of
this Ordinance directly to the North Carolina Sedimentation Control Commission.
(E) Appeal of Land-Disturbing Stop Work Order
Orange County, North Carolina—Unified Development Ordinance Page 2-71
Article 2: Procedures
Section 2.26:Appeals
(1) The person conducting the land-disturbing activity may appeal a stop work order
to the Board of County Commissioners within a period of five days after the order
is issued.
(2) Notice of the appeal shall be given in writing to the Board of County
Commissioners, with a copy to the Erosion Control Officer.
(3) The Board of County Commissioners shall conduct a hearing at their next
scheduled regular meeting at which the appellant and the Erosion Control Officer
or Inspector shall be permitted to submit relevant evidence, and shall rule on the
appeal as expeditiously as possible.
(4) Pending the ruling by the Board of County Commissioners on an appeal, no
further work shall take place in violation of a stop work order.
2.25.92.26.9 Stormwater Management Plan
(A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan
shall be made to the Orange County Planning Director.
(B) If the Planning Director upholds the decision, the applicant shall be entitled to a public
hearing if the applicant submits written demand for a hearing within 15 days after receipt
of written notice of disapproval, modification, or conditions of approval.
(C) The hearing shall be conducted by the Orange County Planning Board within 30 days
after receipt of written demand for a hearing.
(D) The Orange County Planning Board shall make recommendations to the Board of County
Commissioners within 30 days after the date of the hearing.
(E) The Board of County Commissioners shall render its final decision on any stormwater
management plan upon which a hearing is requested within 30 days of receipt of the
recommendations from the Planning Board.
2-.24482.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Provisions
(A) The person conducting the development activity may appeal a stop work order to the
Board of County Commissioners within a period of five days after the order is issued.
(B) Notice of the appeal shall be given in writing to the Board of County Commissioners, with
a copy to the Erosion Control Officer.
(C) The Board of County Commissioners shall conduct a hearing at their next scheduled
regular meeting at which the appellant and the Erosion Control Officer or Inspector shall
be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as
possible.
(D) Pending the ruling by the Board of County Commissioners on an appeal, no further work
shall take place in violation of a stop work order.
2-.262.26.11 Appeals from Final Decisions Regarding Soil Erosion and Sedimentation Control
Civil Penalties
(A) Appeal from Board of County Commissioners or Other Governing Body Decisions
Appeal from the final decision of the governing body regarding civil penalties assessed
for violations of the soil erosion and sedimentation control provisions of this Ordinance
shall be to the Superior Court of the county where the violation occurred, or in the county
where the violator's residence or principal place of business is located.
Orange County,North Carolina-Unified Development Ordinance Page 2-72
Article 5: Uses
Section 5.2: Table of Permitted Uses
5.2.2 Table of Permitted Uses—Economic Development Districts
TABLE OF PERMITTED USES—ECONOMIC DEVELOPMENT DISTRICTS
PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL (REZONING
GENERAL USE ZONING DISTRICTS
#Shall be noted on Zoning Atlas as"Zoning District"—CU (e.g., EDB-2-CU)
AGRICULTURAL USES
Animal hospital/veterinarian C# C#
Kennel, Class I C#
Kennel, Class II B B
t,
CONSTRUCTION j°
Building contractors
Construction (Sector 23)(Hillsborough EDD only;
*
all activities must be wholly within building)
Plumbing, heating, electrical,and similar trade
contractors
FINANCE.
Banks, savings and loans, and credit unions
Credit agencies and institutions
Finance& Insurance(Sector 52)
Insurance carriers and agents
Real estate agents and brokers
Security and commodity brokers, and investment
offices
GOVERNMENT USA
Governmental facilities and office buildings
(including solid waste collection centers
Governmental protective services(Police and fire
stations, rescue squads, and volunteer fire
departments)
9 Staff is adding language to make the land use category designation consistent throughout UDO.
Orange County,North Carolina—Unified Development Ordinance Page 5-10
Article 9: Enforcement
Section 9.5: Enforcement Procedure
(b) State the actions necessary to correct the violation,
(c) Specify a reasonable time period in which the violati ust be
corrected,
(d) the remedies and penalties au ized herein that the Planning
Direct o ay pursue if the viol i n is not corrected within the specified
time limit,
(e) Invite the alle io to meet with the Planning Director to discuss
the viol ' and how it ma corrected, and
(f) ntain a statement indicating that ecision referenced within the
notice can be appealed to the Orange Co Board of Adjustment as
detailed within this Ordinance. This statement s include language
indicating that the appeal must be filled within 30 days the date of
the initial notice and shall provide the deadline for the submi of the
appeal application.
9.5.4 Appeals
(A) Any person aggrieved by the Planning Director's determination of a violation or a
correction order may appeal that determination or order to the Board of Adjustment in
accord with the provisions of Section 225 2.27 of this Ordinance, including payment of
the appropriate fee.
(B) Except as provided in Section 2-M2.27, an appeal generally stays all further actions to
enforce a notice of violation, correction order, or Stop Work Order, until the Board of
Adjustment has made a decision concerning the appeal.
(C) Civil Penalty Citations subsequent to the initial notice of violation may not be appealed to
the Board of Adjustment.
(D) As detailed within Sections 2.12 and 252.27, the Board of Adjustment shall hear the
appeal and may affirm, modify, or revoke the Planning Director's determination of a
violation.
(E) If there is no appeal, the Planning Director's determination of the nature and degree of
the violation are final.
W.5 Timeline for Abatement
he time allotted to abate an identified violation shall be at the sole discretion of the PIanni
Dir or and shall be based upon what is deemed a reasonable amount of time to aba he
identifie iolation. The following standards shall apply"
(A) Within days of receipt of an initial notice of violation, correction er, or Stop Work
Order, the ner of the property on which the violation occur ay submit to the
Planning Direc a written request for extension of the s cified time limit for correction
of the violation.
(B) The Planning Director sha sist individual ' the preparation of the written request for
extension in cases where an in ' 'dual is/are unable to prepare a written request.
(C) The Planning Director shall det ine ether the time limit should be extended based
on the information contain n the written uest for extension. The Planning Director
may extend the time Ii ' as reasonably necess to allow timely correction of the
violation.
(D) In cases re an appeal of the notice of violation has bee roperly filed with the Board
of A J ment, as provided in Section 9.5.4, the 30 day period s II commence upon
eipt of the notice of the Board of Adjustment decision concerning a violation or
correction order.
(E) Following the time limit for correction of the violation, including any stay or exte ' n
thereof, the Planning Director shall determine whether the violation has been correc
Orange County,North Carolina-Unified Development Ordinance Page 9-3
Article 9: Enforcement
Section 9.6: Penalties, Remedies, and Enforcement Powers
this Ordinance for failure to comply with the provisions of tXw the ms and
conditions of a permit or authorization granted under this O(B) Any permit, certificate, or authorization mistake nly issued ite law or local
rdinance, or issued on the basis of misrepresentations by ner, or o er's agent may be revoked without such written determ
9.6.3 Permit Denial o onditioning
(A) As long as a i lation of this Ordinance remains uncor cted, the Planning Director may
deny or withhold royal of any permit, certificate r other authorization provided for in
this Ordinance that i ought for the property on hich the violation occurs.
(B) The Planning Director m also condition a ermit, certificate, or authorization on the
correction of the violation an or payme of a civil penalty, and/or posting of a
compliance security.
9.6.4 Injunctive and Abatement Relief in perio ourt
(A) A violation may be ccrrec d by any appro " to equitable remedy, a mandatory or
prohibitory injunction, an order of abatemen s authorized by NCGS 153A-123.
(B) The Planning Dir or shall have the authority to a ute an order of abatement if the
violator does comply with such order, and the cos f the execution shall be
recovered a lien on the property in the nature of a mec nic's or materialman's lien.
9.6.5 Criminal Pe ties
Z(A) person, firm or corporation who violates the provisions of this Or i ance or fails to
ply with any of its requirements shall, upon conviction, be guilty of a lass 3
emeanor and shall be fined not more than a maximum of$500.00, imp ' onment of
o 30 days, or both, for each violation, as provided in NCGS Section 14-4.
Planning Director may refer a violation to the District Attorney for institution of
inal prosecution of the alleged violator.
9.6.6 Stop Work Order
(A) If a building or structure is erected, constructed, reconstructed, altered, repaired,
converted, moved or maintained, or any building, structure or land is used in violation of a
Stop Work Order, the Planning Director, in addition to other remedies, may institute any
appropriate action or proceedings to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain,
correct or abate the violation, to prevent occupancy of the building, structure or lands, or
to prevent any illegal act, conduct, business or use in or about the premises.
(B) Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the
violating activity and/or the property owner, and shall state the reasons for the issuance
of the Order, and the conditions under which activity may be resumed. Notice shall be
given by registered or certified mail, return receipt requested. A copy of the notice shall
also be sent by regular mail. Service shall be deemed sufficient if the notice by certified
mail is unclaimed or refused, but the notice by regular mail is not returned by the post
office within ten days after mailing. Upon issuance of such Order, and posting of same
on the site of the violation, all work on the site of the violation shall cease, except those
activities necessary to bring the site into compliance with this Ordinance.
(C) The person(s) conducting the violating activity and/or the property owner may appeal the
Stop Work Order to the Board of Adjustment pursuant to Section 2-.242.27 of this
Ordinance.
Orange County,North Carolina—Unified Development Ordinance Page 9-6
Article 9: Enforcement
Section 9.7:Additional Procedures—Special Flood Hazard Area Overlay District
'SECTION • ' •CEDURES — SPECIAL FLOO
OVERLAY
9.7.1 Actions in Eve f Violation
(A) Identified violatio f the Special Flood Hazard Overlay District shall be sent a
Notice of Violation. The tice shall detai nature of the violation and schedule a
hearing with the Floodplain A ' i or to review the situation.
(B) This hearing shall be hel ore the F lain Administrator at a designated place and
time, not later tha business days after th to of the Notice, at which time the
owner sha entitled to be heard in person or by c el and to present arguments and
evi a pertaining to the matter.
Following the hearing, the Floodplain Administrator may issue such r to alter, vacate,
or demolish the structure; or to remove fill as appears appropriate.
9.7.2 Order to Take Corrective Action
(A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator shall find that the structure or development is in violation of this Ordinance,
he or she shall make an order in writing to the owner, requiring the owner to remedy the
violation within a specified time period, not less than 60 days.
(B) Where the Floodplain Administrator finds that there is imminent danger to life or other
property, he or she may order that corrective action be taken in such lesser period as
may be feasible.
(C) In the absence of an appeal (see Section�7 2.27.7), the order of the Floodplain
Administrator shall be final.
9.7.3 Failure to Comply with Order
If the owner of a building or property fails to comply with an order to take corrective action from
which no appeal has been filed, or fails to comply with an order of the governing body following
an appeal, he or she shall be guilty of a Class 3 misdemeanor and shall be punished in the
discretion of the court.
9.8.1 In ections and Investigations
(A) Inspections
Agents, icials, or other qualified persons authorized by the my will periodically
inspect Ian - 'sturbing activities to ensure:
(1) Compliant ith the North Carolina Sedim ation Pollution Control Act of 1973
("Act" in this Se 'on), this Ordinance, ules or orders adopted or issued
pursuant to this Or ' nce;
(2) The measures required in Ian are effective in controlling erosion and
sediment resulting from nd- i rbing activity.
Notice of the right to ins p shall be include ' the letter of approval of each Erosion
Control Plan.
(B) Authority to er Property and Conduct Investigatio and Inspections
(1) o person shall willfully resist, delay, or obstruct an au
ifrr
ized representative,
employee, or agent of Orange County, while that person is i1rapecting or
attempting to inspect gland-disturbing activity under this section.
Orange County, North Carolina—Unified Development Ordinance Page 9-8
Article 9: Enforcement
Section 9.8: Soil Erosion and Sedimentation Control
punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,0 , or
by both, at the discretion of the court.
9.8.3 Inju tive Relief
(A) .vil Action in Superior Court
(1) Whenever the governing body of the Town or County ha easonable cause to
elieve that any person is violating or threatening to vi ate the soil erosion and
se 'mentation control provisions of this Ordinance any rule or order adopted or
issue ursuant to these regulations, or any ter , condition, or provision of an
approve Erosion Control Plan, it may, either fore or after the institution of any
other actio or proceeding authorized by t ' Ordinance, institute a civil action in
the name of town or county for injun ve relief to restrain the violation or
threatened viola n.
(2) The action shall be b ught in th uperior Court of Orange County.
(B) Order to Cease Violation
(1) Upon determination by ou hat an alleged violation is occurring or is
threatened, the court all enter y order or judgment that is necessary to abate
the violation, to en re that restora n is performed, or to prevent the threatened
violation.
(2) The institut' of an action for injunctive re' f under this section shall not relieve
any part o the proceedings from any civil or iminal penalty prescribed for
violati s of the soil erosion and sedimentation trol provisions of this
Or ' ance.
9.8.4 Restoration Areas Affected by Failure to Comply
/(A) County may require a person who is engaged in a land-disturbing ctivity and failed
tain sediment generated by the activity, as required by N.C.G.S. 11 -57(3), to
re the waters and land affected by the failure so as to minimize the det ' ental
ts of the resulting pollution by sedimentation.
authority is in addition to any other civil or criminal penalty or injunctive relorized under this Ordinance.
9.8.5 Revocation of Land Disturbing Permit
(A) Whenever a person conducting a land-disturbing activity is not complying with the soil
erosion and sedimentation control provisions of this Ordinance, the Land Disturbing
Permit, the Approved Erosion Control Plan or any amendments to the Erosion Control
Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site.
(B) Notice of Revocation shall be sent by registered or certified mail to the person conducting
the land-disturbing activity. In the event delivery cannot be accomplished by registered or
certified mail, it may be accomplished in any manner provided in Rule 4(j)of the North
Carolina Rules of Civil Procedure.
(C) Upon receipt of the Revocation Notice, the person responsible must immediately order all
land-disturbing activities to cease except those which are specifically directed towards
bringing the site into compliance with the soil erosion and sedimentation control
provisions of this Ordinance.
(D) Once the site has been inspected and remedial work approved by the Erosion Control
Officer, the responsible party may reapply for a Land Disturbing Permit and pay the
appropriate fee.
(E) Resumption of land disturbing activities other than those necessary to bring the site back
into compliance with the soil erosion and sedimentation control provisions of this
Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation
of the Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 9-12
Article 9: Enforcement
Section 9.9: Stormwater Management
(F) The person conducting the land-disturbing activity may appeal the revocation of a Land
Disturbing Permit following procedures set out in Section 2-.2-52.27 of this Ordinance.
• • -
.9.1 Inspections and Investigations
(A) Site Inspections
(1) Agents, officials, or other qualified persons authorized by the County wi
periodically inspect on-site BMPs and illegal discharges to ensure:
(a) Compliance with the North Carolina Sedimentation Pollutio Control Act
of 1973 ("Act" in this Section), this Ordinance, or rules or rders adopted
or issued pursuant to this Ordinance;
(b) The measures required in the Stormwater Manage nt plan being
constructed in accordance with the approved plan
(c) The permanent BMPs are not in need of any intenance including, but
not limited to, the following:
(i) Mowing of vegetation,
(ii) Vegetation re-establishment,
(iii Tree removal (especially fro wet detention ponds),
(iv) Stabilization of any erodi areas, and
(v) tructural (pipe, riser, am, etc) repair.
(2) Notice of the right inspect shall b included in the letter of approval of each
Stormwater Manage ent Plan.
(B) Authority to Enter Property a Con uct Investigations and Inspections
(1) No person shall willfully re ' , delay, or obstruct an authorized representative,
employee, or agent of Or County, while that person is inspecting or
attempting to inspect a r quire on-site BMP.
(2) The Erosion Control fficer shall ve the power to conduct such investigations
as deemed reason ly necessary t carry out the duties as prescribed in this
Ordinance, and f this purpose to en r at reasonable times upon any property,
public or privat , for the purpose of inve tigating and inspecting the sites of any
required on-s'a BMP.
(3) No person hall refuse entry or access to an authorized representative or agent
of the C my who requests entry for purposes f inspection, and who presents
approp ate credentials, nor shall any person ob uct, hamper or interfere with
any ch representative while in the process of ca ing out their official duties.
(C) Notice of iolation
(1) f it is determined that a person responsible for construct n or maintenance of
any permanent on-site BMP, or removal of any Illegal Disc rge has failed to
comply with the Act, this Ordinance, or rules, or orders a d or issued
pursuant to this Ordinance, a notice of violation shall be serve upon that person.
(2) The notice may be served by any means authorized under N.C.G. . 1A-1, rule 4.
(3) The notice shall specify a date by which the person must comply wit the Act, or
this Ordinance or rules, or orders adopted pursuant to this Ordinance, d inform
the person of the actions that need to be taken to comply with the Act, th
Ordinance, or rules or orders adopted pursuant to this Ordinance.
(4) No time period for compliance need be given for encroaching on the riparian
buffer or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out their official duties.
Orange County, North Carolina—Unified Development Ordinance Page 9-13