HomeMy WebLinkAboutORD-2013-005 Ordinance Amending Comp. Plan, UDO and Zoning Atlas to Establish Two New Zoning Overlay Districts in the Efland Area 3 14
Attachment 2
Ordinance#: ORD-2013-005 (Staff Recommended Ordinance)
AN ORDINANCE AMENDING
THE ORANGE COUNTY COMPREHENSIVE PLAN, UNIFIED DEVELOPMENT
ORDINANCE, AND ZONING ATLAS
WHEREAS, Orange County initiated amendment to the Orange County Comprehensive Plan,
Unified Development Ordinance, and Zoning Atlas, as established in Sections 1.1, 1.2, and 1.7
of the Orange County Unified Development Ordinance (UDO), in order to establish two new
zoning overlay districts and accompanying regulations in an area of the county known as
Efland, and
WHEREAS, the Board finds that the text amendment to the Comprehensive Plan is necessary
to promote implementation of the Comprehensive Plan, and
WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds that the amendments will carry out the intent
and purpose of the adopted Efland-Mebane Small Area Plan and is internally consistent with
the 2030 Comprehensive Plan or part thereof including, but not limited to, the following:
Objective LU-1.1:
Coordinate the location of higher intensity / high density residential and non-
residential development with existing or planned locations of public
transportation, commercial and community services, and adequate supporting
infrastructure (i.e., water and sewer, high-speed internet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural resources.
This could be achieved by increasing allowable densities and creating new
mixed-use zoning districts where adequate public services are available. (See
also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water
and Wastewater Objective WW-2.)
Objective LU-3.7:
Ensure that new development patterns in non-residential nodes encourage a
clustered, walkable development pattern and discourage strip development.
Objective LU-3.8:
Develop a process for implementing small area plan recommendations through
the revision of County policies and regulations.
Objective LU-3.9:
Create new zoning district(s) which allow for a mixing of commercial and
residential uses, a mixing of housing types, and creates a more pedestrian
friendly development pattern. New districts should be applied in areas where
public services exist or are planned for in the future, in areas that promote
higher intensity and high density uses on the Future Land Use map.
Objective H-3.6:
• 15
Work within the Orange County government system to identify and resolve
existing policies which may be at odds with historic preservation goals, green
building approaches, and workforce and affordable housing efforts. (See also
Cultural Resources Objective CR-3 and Economic Development Objective ED-
4.1.)
and
WHEREAS, the parcels over which a zoning overlay district will be placed are depicted on the
map in the attached pages and are identified as follows:
Efland Village verlay District
PIN Approximate PIN Approximate
Acreage Acreage
9844776873 1.15 9844990565 9.58
9844781300 0.65 of 0.99 9844995085 4.18 of 4.64
acre parcel acre parcel
9844781766 2.17 9844999100 0.77 of 1.93
acre parcel
9844783301 1 9854074868 0.25
9844783725 2.14 9854074909 0.44
9844784391 0.85 9854074954 0.26
9844785743 4.02 9854076999 0.27
9844786242 0.46 9854077979 0.28
9844786326 0.08 9854078927 0.04
9844787303 0.23 9854078931 0.22
9844788137 3.64 9854078939 0.02
9844788631 2.01 9854078949 0.28
9844788940 1.86 9854078996 0.24
9844799385 4.69 9854079976 0.27
9844870924 2.43 9854080094 1.77
9844874973 0.4 9854080850 1.07
9844880661 0.98 9854081212 0.51
9844880970 0.88 9854081353 0.82
9844881230 1.35 9854081693 1.66
9844882391 1.15 9854081916 0.52
9844882528 1.13 9854083138 0.15
9844883012 1.15 9854083232 0.15
9844883596 1.34 9854083321 0.51
9844883951 2.39 9854083835 1.12
9844884079 0.37 9854084052 0.15
9844884284 0.38 9854084057 0.16
9844884355 0.33 9854084115 0.46
9844886648 1.14 9854084152 0.15
9844886973 1.42 9854084252 0.46
9844887024 2.03 9854084353 0.3
9844887342 0.97 9854084605 1.59
9844892385 3.51 9854086528 0.47
9844893637 2.2 9854087250 2.74
9844896163 1.3 9854088807 0.40 of 0.93
acre parcel
16
Efland Village verlay District
PIN Approximate PIN Approximate
Acreage Acreage
9844896477 3.48 9854089170 0.44
9844972913 0.59 9854089250 0.52
9844973943 0.24 9854172953 0.34
9844974903 0.24 9854173499 0.99
9844974974 0.36 9854175987 0.82
9844976945 1.37 9854180304 0.98
9844980845 9.3 9854181001 0.94
9844981114 5.8 9854184217 7.25
9844985234 1.83 9854189274 1
9844987242 1.53 9854272951 1.99
9844987792 1.77 9854274935 0.75
9844988083 1.27 9854280393 0.48
9844988391 0.74 9854281107 0.43
9844988652 0.92 9854282236 0.68
9844988811 0.35 9854283244 1.84
Efland Interstate verlay District
PIN Approximate PIN Approximate
Acreage Acreage
9844763221 0.79 of 5.5 9844966325 0.04
acre parcel
9844766443 1.82 of 5.02 9844970156 0.53
acre parcel
9844768882 5.64 9844970237 0.46
9844778312 5.7 9844970317 0.66
9844854839 1.29 9844970543 0.33
9844861573 16.78 9844971003 0.74
9844865155 2.72 9844972545 1.6
9844867573 12.67 9844973039 1.36
9844873438 2.67 9844973217 0.49
9844873578 0.09 9844973308 0.55
9844877368 3.64 9844975018 1.21
9844879067 0.71 9844975240 0.39
9844879543 0.68 9844975300 0.4
9844960493 0.44 9844975309 0.48
9844960563 0.59 9844975514 0.94
9844960792 1.56 9844978308 3.58
9844961126 1.63 9854051970 4.58
9844963059 0.89 9854070389 3.04
9844963252 0.38 9854073630 0.52
9844963354 0.56 9854074304 6.1
9844963540 0.57 9854076601 0.51
9844963644 0.48 9854077569 0.51
9844963748 0.57 9854077601 1 0.51
9844965134 1.12 19854078611 0.51
17
Efland Interstate verlay District
PIN Approximate PIN Approximate
Acreage Acreage
9844965259 0.31 9854079412 2.48
9844965336 0.41 9854161576 90.73
9844965437 0.34 9854171451 3.68
9844965621 0.99 9854178549 2.37
9844965735 0.32 9854272077 12.89
9844965832 0.32 9854276296 2.22
9844966039 0.51 9854361253 2.02
9844966320 0.04 9854466706 8.92 of
187.77 acre
parcel
and
WHEREAS, the requirements of Sections 2.3 and 2.8 of the Unified Development Ordinance
(UDO) have been deemed complete, and
WHEREAS, the Board has found the proposed amendments to be reasonably necessary to
promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County
Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas are hereby amended
as shown on the attached pages.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2013.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2013 as relates in any way to the
18
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 ,
2013.
SEAL
Clerk to the Board of Commissioners
19
Amendment Package for Two Proposed Zoning Overlay Districts
in the Efland Area
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text, Zoning Atlas, and Comprehensive Plan text to adopt two new
zoning overlay districts in the Efland area. These amendments are proposed as a result
of, and consistent with, the Efland-Mebane Small Area Plan (adopted in 2006). The
primary purpose of the zoning overlay districts is to modify existing development
regulations to provide for a more village and urban style of development in an area of
the county served, or intended to be served, by public water and sewer systems.
Proposed additions/changes to existing UDO text that were part of the quarterly public
hearing materials are depicted in red. Proposed additions/changes recommended
by staff after the public hearing are depicted in green. Many of the proposed
changes utilize footnotes to provide a brief explanation as to rationale. 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 on-
line at: http•//orangecountync.gov/planning/Ordinances.asp
The adopted Efland-Mebane Small Area Plan is also available on-line
at: http://orangecountync.gov/planning/admin EM SAP.asp
The Comprehensive Plan is available on-line
at: http://orangecountync.gov/planning/compre cpupdate.asp
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. Text
with a large "X" is not proposed for deletion; proposed deletions are shown in
red stFikethm u.th text.
As was noted in the legal advertisement for this proposal, existing sections 4.5 and 4.6
will be renumbered to 4.7 and 4.8, respectively. Additionally, existing Section 6.6.3 will
be renumbered to 6.6.5. References to the following sections are also included in this
packet: 4.5.1, 6.8.12, and 7.13.2.
Article 2: Procedures 20
Section 2.5: Site Plan Review
under G.S. 153A-344.1. Unless terminated at an earlier date, the zoning right s e
valid until
(B) site specific development plan for a project which requires the aration of an
Enviro ental Impact Statement(EIS)in accordance with Sect' 6.16 of this Ordinance
shall not b proved until the EIS has been made availab or public review, and has
been presente the Board of County Commissione ' accordance with Section 2.23
of this Ordinance.
2.5.6 Guarantee of Improvements
(A) If a guarantee of improvements ' eq i d as a condition of site plan approval, the
applicant shall provide Or a County wi security bond, escrow agreement, or
irrevocable letter of cr by an approved insti ' n.
(B) The guarantee all be effective for 12 months and s include the cost of the
improve s plus 10%.
(C) Pr' o issuance of any site plan approval,the guarantee shall be roved by the
ounty Attorney.
If a guarantee is not submitted,the developer must install all required improv nts to
the satisfaction of the County prior to issuance of the zoning compliance permit.
2.5.7 Additional Requirements for Overlay Districts
(A) Efland-Cheeks Highway 70 Corridor Overlay District
(1) Approval Requirements
Within the Efland-Cheeks Highway 70 Corridor Overlay District(ECOD), no
construction activity shall begin nor shall any conversion of existing single-family
residence to a non-residential land use, excavation, soil removal, grading or
disturbance of vegetation including trees, land disturbing activity associated with
a non-residential land use, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Sections 2.4 aR6-6 2' of this Ordinance.
(B) Efland Interstate Overlay District2
(1) Approval Requirements
Within the Efland Interstate Overlay District, no construction activity shall begin
nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected for any use
subject to the requirements of the overlay district until such time as a site plan
has been approved and a permit issued by the Planning Director in accordance
with this Section and Section 2.4 of this Ordinance.
(C) Efland Village Overlay District
(1) Approval Requirements
' Staff suggests this reference be removed so that the potential for omissions in future amendments is minimized.
Section 2.5.3 already requires compliance with Article 6(and other articles).
2 The two additions here are formalities to ensure grading and/or construction does not commence prior to the
issuance of necessary permits.
Orange County, North Carolina—Unified Development Ordinance Page 2-12
Article 2: Procedures 21
Section 2.6: Floodplain Development Permit and Certificate Requirements
Within the Efland Village Overlay District, no construction activity shall begin nor
shall any excavation, soil removal, filling, grading or disturbance of vegetation,
including trees, be commenced, nor any sign erected for any use subject to the
requirements of the overlay district until such time as a site plan has been
approved and a permit issued by the Planning Director in accordance with this
Section and Section 2.4 of this Ordinance.
(D) Major Transportation Corridor Overlay District3
(1) Approval Requirements
Within the Major Transportation Corridor District, no construction activity shall
begin nor shall any excavation, soil removal,filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Section 2.4 of this Ordinance.
.8 Additional Requirements for Economic Development Districts
\rt o submission of an application for site plan /Deel, applicants shall meet h
entatives of the Planning and Inspections, aomic Development
ments to identify policies, procedures, reguand fees applicabl o
pment proposals.
oposed subdivision in an Economic Develoistrict shall f ow the approval
ures as specified in Section 2.16.
iti to the submittal requirements containeSec ti , a complete application
lso i lude:Buildin elevation drawings for each propcture; and A minimu f two drawings of sections the site illustrating existing and
proposed gra s, as well as th e relationsferent site features.
SECTION • •D- • •REQUIREMENTS
2.6.1 Requirements for Special Flood Hazard Overlay District
All projects proposing the development of rop located within the Special Flood Hazard Area
Overlay District shall be required, regar ess of th roposed land use, to submit a site plan
prepared by a registered engineer, I dscape archite , or land surveyor in accordance with the
provisions of Section 2.5.
2.6.2 Plans and Application Re rements
/an for a floodpl . development permit shall be made to Floodplain Administrator on
ished by th lanning Department prior to any developme activities proposed to be
hin flood rone areas.
in ' ems/information shall be presented to the Flood plain Administ for to apply for a
velopment permit:
lot plan drawn to scale which shall include, but shall not be limited to,the [lowing ecific details of the proposed floodplain development:
The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, driveways, utility
systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development;
s This subsection is currently(B).
Orange County, North Carolina—Unified Development Ordinance Page 2-13
Article 4: Overlay Zoning Districts 22
Section 4.4: Efland-Cheeks Highway 70 Corridor
4.3.6 Compliance
No structure or land shall herea ex rted, altered, or developed,
improved, or n any way without full compliance with the er lations
ing to the SFHA and other applicable regulations.
Li rel a I Big]
4.4.1 Intent
(A) The Efland-Cheeks Highway 70 Corridor Overlay District(ECOD)is established to
provide for compatibility of uses between existing single-family residential land uses and
non-residential developments along a designated portion of Highway 70 within Cheeks
Township.
(B) The Highway 70 corridor covered under this overlay district is part of the Efland Mebane
Small Area Plan, adopted by the Board of County Commissioners on June 27, 2006,
which outlines acceptable levels of development within the study area, including allowing
for additional non-residential development along Highway 70.
(C) The regulations contained in this Ordinance are designed to preserve and enhance the
character of the community while allowing for mixed, but compatible, land uses by
permitting logical expansion of existing non-residential developments throughout the
corridor.
(D) It is the intent of this overlay district to encourage land use patterns that will:
(1) Protect existing single-family residential land uses,
(2) Protect the character of the area,
(3) Enhance property values,
(4) Maintain the economic viability and carrying capacity of the corridor,
(5) Preserve open vistas whenever possible,
(6) Encourage small businesses to locate in appropriate areas, and
(7) Continue to promote and provide for the general welfare of local citizens and
property owners.
(E) Standards are established in Section 6.6.2 to allow for the development of additional non-
residential land uses within the ECOD in order to maintain and enhance the economic
vitality of the area while protecting the less intensive mixture of existing residential land
uses
4.4.2 Applicability
(A) This district is intended for properties adjacent to Highway 70 within Cheeks Township of
Orange County in accordance with the boundaries shown on the map below and 4 on the
Orange County Zoning Atlas.
(B) The requirements of this Ordinance pertaining to ECOD apply to all non-residential land
uses and developments within the Highway 70 Overlay District except for existing non-
residential land uses located within previously established general commercial or Existing
Commercial-5 (EC-5)zoning districts.
4 Rather than populating the UDO with maps that are redundant to the Zoning Atlas(which is where overlay districts
must be shown),staff is suggesting that the boundaries of overlay districts be maintained only on the Zoning Atlas.
Staff also believes this may decrease any future problems if overlay district boundaries were ever changed(e.g.,
someone forgetting or not realizing that both a text amendment to the UDO and a Zoning Atlas amendment are
necessary).
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Article 4: Overlay Zoning Districts 23
Section 4.4: Efland-Cheeks Highway 70 Corridor
Efland -Cheeks Highway 70 Corridor Overlay District Boundaries
a
8 � a
n n
s�
•• �rWdR01y
I
Legend n ......,:am..
;Elland-Cheeks highway 70 Corridor Oveday District
�Pm-designated oonrnercial arse e..v.,...,...,...,...
[Note to be removed if adopted: Map to be deleted from UDO and boundary to be shown only on Zoning
Atlas]
4.4.3 Non-residential Development
Non-residential development within the Highway 70 Corridor shall be limited to the following and
shall be in accordance with the standards contained in this Section and Section 6.6.2:
(A) Pre-designated commercial area as indicated on the Orange County Zoning Atlas, and
(B) Along Highway 70 as depicted on the Orange County Zoning Atlas.
4.4.4 Permitted Uses
Within the ECOD, uses of land and structures shall be permitted as follows:
(A) Non-residential development within the pre-designated commercial area shall adhere to
the permitted and special uses outlined for the Neighborhood Commercial -2 (NC-2)
zoning district as contained within Section 5.2 of this Ordinance.
(B) Non-residential uses within the Highway 70 Corridor Overlay District, shall be limited to
professional office and similar institutional uses and shall abide by the standards
contained in this Section and Section 6.6.2.
(C) No more than 40%of the Highway 70 corridor outside of the pre-designated commercial
areas shall be permitted for non-residential uses.
(1) This figure shall be calculated by the sum of the street frontage of lots used for
non-residential purposes compared to the total street frontage of all lots on both
sides of the roadway outside of the pre-designated commercial areas along the
overlay district corridor.
(2) The 40% limitation includes non-residential uses conducted within new or
converted/rehabilitated structures that have a residential appearance.
4.4.5 Lot and Use Requirements for Non-Residential Development
In addition to the Development Standards in Section 6.6.2, the following lot and use requirements
shall apply to all applicable non-residential development within the pre-designated commercial
areas and along the Highway 70 corridor:
(A) Minimum Lot Width
Orange County,North Carolina-Unified Development Ordinance Page 4-13
Article 4: Overlay Zoning Districts 24
Section 4.5: Efland Interstate4F
The minimum lot width for all lots created after December 3, 2007 shall be 130 feet,
unless the lot is served by public sewer and shared ingress/egress in which case the
minimum lot width shall be 75 feet.
(B) Setbacks and Building Height
(1) The setbacks and building heights for all structures, regardless of the proposed
land use, shall conform to the setbacks of the underlying zoning district.
(2) If Building Height Limitation modifications are pursued in accordance with
Section 5.2.2(A)6.2.2(A)5, in no case shall building height exceed 35 feet.
(3) Where applicable,the front yard setback shall be measured from any future right-
of-way as designated in the Orange County ThGpeughfaFe PlaR Comprehensive
Transportation Plan6.
(C) Floor Area Ratio
(1) The maximum floor area ratio for non-residential uses in the pre-designated
commercial area shall be 0.200 with a maximum building square footage total of
20,000 square feet.
(2) The maximum floor area ratio for non-residential uses along the Highway 70
Corridor shall be 0.100 with a maximum building square footage total of 6,000
square feet.
(D) Yard Encroachments
(1) No fences shall be permitted in the front yard of non-residential uses unless a
demonstrated need can be shown.
(2) Within the pre-designated commercial area, vinyl-coated chain link fencing shall
be permitted for non-residential uses.
(3) Outside of the pre-designated commercial area but within the boundaries of the
Highway 70 Overlay District, chain link or similar fencing shall not be permitted
for non-residential uses.
(E)
/�1 Outside Storage of Mateiria4s,
0) All euitside steFage of materials nn n _FesideRtial Ints is pFeN
`2 This pFehlbitien I d_ the stnrane of vends, er materials whirh are
sale-7
�SECTION 4.5:
4.5.1 Intent
(A) The Efland Interstate Overlay District is established to provide for a more urban style of
development in an area of the county served, or intended to be served, by public water
and sewer systems.
s Correct reference is 6.2.2(A)
6 There has been a change in the name the plans the NC Department of Transportation uses. This change is only to
update the name. Users should note the Orange County Comprehensive Transportation Plan is currently being
developed,it has not yet been adopted.
Suggest deleting this because it also appears in Section 6.6.2(B)
8 Existing Section 4.5 (Major Transportation Corridor)has been renumbered to become Section 4.7 and existing
Section 4.6(Stoney Creek Basin)has been renumber to become Section 4.8. Because of this renumbering,an
reference is Section 7.13.2 will also be updated.
Orange County, North Carolina—Unified Development Ordinance Page 4-14
Article 4: Overlay Zoning Districts 25
Section 4.6: Efland Village
(B) The geographic area covered by the Efland Interstate Overlay District is part of the
Efland-Mebane Small Area Plan, adopted by the Board of County Commissioners on
June 27, 2006, which outlines acceptable levels of development within the study area,
including allowing for additional non-residential and residential development in this
overlay district.
(C) Standards are established in Section 6.6.3 in order to maintain and enhance the
economic vitality of the area while protecting existing land uses. Unless otherwise stated,
the standards are in addition to standards contained in this Ordinance, including Sections
6.2 (Lot and Building Standards), 6.5(Architectural Design Standards)and 6.6.5 (Major
Transportation Corridor)9
4.5.2 Applicability
(A) This district is intended for all properties located south of the railroad tracks and north of
Interstate 85/40 in the general vicinity of Mount Willing Road in accordance with the
boundaries shown on the Orange County Zoning Atlas.t0
(B) The requirements of this Ordinance pertaining to the Efland Interstate Overlay District
apply to all residential and non-residential land uses and developments in the designated
district except for detached single-family residential land uses and developments.
4.5.3 Permitted Uses and Dimensional and Ratio Standards
(A) Within the Efland Interstate Overlay District, uses of land and structures and Dimensional
and Ratio Standards are those permitted in the underlying zoning district or districts. All
other requirements for the use of land and structures contained in this Ordinance shall be
met unless otherwise provided.
(B) Minimum Setbacks
(1) The minimum side and rear setback shall be with width of the required buffer in
6.6.3(B)or the setback required in Article 3 or Section 6.2.8, whichever is less,
except as provided in (a).11
(a) For parcels subject to the setback and yard requirements in Section
4.7.4, the requirements of said Section shall apply.12
(2) Where applicable, the front yard setback shall be measured from any future right-
of-way as designated on the Orange County Thoroughfare Plan.
SECTION
4.6.1 Intent
(A) The Efland Village Overlay District is established to provide for an urban village style of
development in an area of the county served, or intended to be served, by public water
and sewer systems.
9 This Section is currently 6.6.3 but will be renumbered to 6.6.5 as part of this amendment because Standards for the
two proposed new overlay districts will be inserted into the UDO as 6.6.3 and 6.6.4.
10 The geographic area is also the area currently designated as Commercial-Industrial Transition Activity Node
(CITAN)on the Future Land Use Map of the Comprehensive Plan. However,staff believes it is prudent to
reference only the Zoning Atlas for the boundary in case the boundaries of the CITAN are ever changed. This is
because the boundaries of the zoning overlay district would not necessarily change just because a land use category
boundary change is made;a change to the zoning overlay district boundary will require an amendment to the Zoning
Atlas.
11 A lessening of setbacks is suggested in order to allow for a more urban style of development(e.g.,building closer
together and/or more density).
12 Clearly stating that the Major Transportation Corridor(MTQ requirements will still apply.
Orange County, North Carolina—Unified Development Ordinance Page 4-15
Article 4: Overlay Zoning Districts 26
Section 4.6: Efland Village
(B) The geographic area covered by the Efland Village Overlay District is part of the Efland-
Mebane Small Area Plan, adopted by the Board of County Commissioners on June 27,
2006, which outlines acceptable levels of development within the study area, including
allowing for additional non-residential and residential development in this overlay district.
(C) Standards are established in Section 6.6.4 in order to maintain and enhance the
economic vitality of the area while protecting existing land uses. Unless otherwise stated,
the standards are in addition to standards contained in this Ordinance, including Sections
6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.5 (Major
Transportation Corridor)13
4.6.2 Applicability
(A) This district is intended for all properties located north of the railroad tracks in a
geographic area commonly referred to as "Efland" in accordance with the boundaries
shown on the Orange County Zoning Atlas.14
(B) The requirements of this Ordinance pertaining to the Efland Village Overlay District apply
to all residential and non-residential land uses and developments in the designated
district except for detached single-family residential land uses and developments.
4.6.3 Permitted Uses and Dimensional and Ratio Standards
(A) Within the Efland Village Overlay District, uses of land and structures and Dimensional
and Ratio Standards are those permitted in the underlying zoning district or districts. All
other requirements for the use of land and structures contained in this Ordinance shall be
met unless otherwise provided.
(B) Setbacks and Building Height
(1) In lieu of the front setback required in Article 3, the minimum front yard setback
for properties fronting on U.S. Highway 70 shall be 30-feet.15
(2) In lieu of the front setback required in Article 3, the front yard setback for parcels
located in the overlay district but not fronting on U.S. Highway 70 shall be in
keeping with the front setback provided by adjacent uses.16
(3) The minimum side and rear setback shall be the width of the required Land Use
Buffer(Section 6.8.6)or the setback required in Article 3, whichever is less, but
in no case shall be less than 10-feet.17
13 This Section is currently 6.6.3 but will be renumbered to 6.6.5 as part of this amendment because Standards for
the two proposed new overlay districts will be inserted into the UDO as 6.6.3 and 6.6.4.
14 The geographic area is also the area currently designated as Commercial-Industrial Transition Activity Node
(CITAN)on the Future Land Use Map of the Comprehensive Plan. However,staff believes it is prudent to
reference only the Zoning Atlas for the boundary in case the boundaries of the CITAN are ever changed. This is
because the boundaries of the zoning overlay district would not necessarily change just because a land use category
boundary change is made;a change to the zoning overlay district boundary will require an amendment to the Zoning
Atlas.
's This setback is suggested in order to have a more uniform setback along Highway 70 while providing enough of a
setback to accommodate any future widening of the road. (No widening of the road is currently planned,but it is
pod planning practice to attempt to ensure for future possibilities).
pod
is suggested in order to have a more uniform building line along a street where there could be more of a
11 patchwork"of zoning districts that have different front setback requirements.
' A lessening of setback requirements is suggested in order to allow for a more urban village style—building closer
together and/or more density than is currently permitted.
Orange County, North Carolina—Unified Development Ordinance Page 4-16
Article 4: Overlay Zoning Districts 27
Section 4.7: Major Transportation Corridor
(4) Where applicable, the front yard setback shall be measured from any future right-
of-way as designated on the Orange County Comprehensive Transportation
Plan' .
(5) Although a portion of the Efland Village Overlay District is within the Major
Transportation Corridor(MTC)Overlay District, the requirements of the MTC do
not apply. The parcels are included in the MTC only because they fall within the
prescribed distance criteria but do not fall under any existing requirements
pertaining to the MTC.19
(6) If Building Height Limitation modifications are pursued in accordance with
Section 6.2.2(A), in no case shall building height exceed 40 feet.20
(C) Yard Encroachments
(1) No fences shall be permitted in the front yard of lots, other than those used for
single-family detached residential purposes, unless a demonstrated need can be
shown.21
(2) Chain link or similar fencing shall not be permitted for uses other than single-
family detached residential.
SECTION 4.7: MAJOR TRANSPORTATION CORRIDOR
4.7.1 Intent
(A) It is the intent of Orange County to protect and enhance those natural and environmental
features which constitute important physical, aesthetic, recreational, and economic
assets through the provision of special controls of public and private development along
major transportation corridors.
(B) The Board of County Commissioners finds as a fact that:
(1) Major transportation corridors serve a key function in the orderly development of
Orange County as major traffic movers, as well as serve as entrances to Orange
County from outside the area.
(2) These corridors and the character of the development which occurs along them
establish for visitors and residents alike an indicator of the quality of life in the
County, as well as the efficiency and safety of traffic movement through the area.
(3) In addition, the ability of different areas of the County to attract and
accommodate different types of development depends on the capacity of the
thoroughfare system and the character and quality of development along major
corridors.
(C) The Major Transportation Corridor district is intended to enhance the attractiveness and
orderly development of land adjacent to major transportation facilities through the
provision of a set of development standards and regulations for application to public and
private development of land adjacent to these corridors. The major transportation
corridors include the interstate system as designated in the adopted Comprehensive
Plan.
'$Users should note the Orange County Comprehensive Transportation Plan is currently being developed;it has not
yet been adopted.
19 This language is suggested so that it's clear that none of the requirements of the MTC apply to the parcels in this
geographic area that are also located within the MTC. The MTC boundary is based on distance from the
interstate/interchanges but none of the parcels in this area fall under the text requirements of the MTC.
20 Some of the zoning districts that could be applied in a CITAN allow buildings taller than 40 feet. A building
height limitation of 40-feet is suggested in order to maintain an urban village character.
21 The fencing regulations [(1)and(2)]are in keeping with the ECOD regulations in order to discourage unaesthetic
fencing in the front yards of properties.
Orange County, North Carolina—Unified Development Ordinance Page 4-17
Article 4: Overlay Zoning Districts 28
Section 4.8: Stoney Creek Basin
(D) The district establishes development standards (see Section 6-.6.436.6.5) and a site plan
review process for development within the district. (See Section 2.5).
4.7.2 Applicability
(A) The Major Transportation Corridor(MTC)district is established as a district which
overlays other zoning districts established in this Ordinance. The new use of any land or
any new structure within the MTC district shall comply with the use regulations applicable
to the underlying zoning district as well as the requirements of the MTC district.
(B) The provisions, requirements and restrictions of this district shall not apply to the use of
land within the district for single family or two-family dwellings or to any building or
structure existing prior to the creation of this district unless it is structurally altered to the
extent of increasing the floor area by 50% or more or is enlarged to any degree to occupy
a vacant lot.
(C) This district shall be applied along any interstate highway in the County designated in the
adopted Comprehensive Plan as such and to any proposed interstate highway
designated in the adopted Comprehensive Plan as such.
(D) The minimum length of the district shall be a continuous distance along the thoroughfare
within the County's jurisdiction and outside of the extraterritorial planning jurisdictions of
the Towns of Hillsborough, Chapel Hill, and Carrboro and the City of Mebane.
(E) The minimum width of the district is 1,250 feet from the edge of the right-of-way
measured along a line which is perpendicular to the edge of the right-of-way on each side
of the roadway, except at interstate interchanges where the District shall extend 2,500
feet from the right-of-way on each side of the intersecting road.
4.7.3 Permitted Uses
Within the Major Transportation Corridor(MTC) District, uses of land and structures are those
permitted in the underlying zoning district or districts. All other requirements for the use of land
and structures contained in this Ordinance shall be met unless otherwise provided.
4.7.4 Building Setback and Yard Requirements
Building setback and required yard areas for the overlay district are as follows:
(A) The front yard requirement shall be 100 feet from the edge of the right-of-way of an
interstate highway or 50 feet from the edge of an intersecting road at an interstate
interchange.
(B) The rear yard requirement shall be 50 feet from the edge of the rear property line or 100
feet from the edge of the right-of-way of an interstate highway when a rear yard is
adjacent to the interstate.
(C) The side yard requirement shall be 50 feet from the side property line or 100 feet from the
edge of the right-of-way of an interstate highway where the side property line is adjacent
to the interstate.
SECTIUN -4 : STONEY
4.8.1 Intent
(A) The purpose of the Stoney Basin ay District is to implement the Stoney Creek
Basin Small Area Plan by:
(1) Encoura i creation of open space a imiting density increases within
t re rural portions of the area generally define s.t a Stoney Creek
drainage basin; and
Orange County, North Carolina—Unified Development Ordinance Page 4-18
Article 6: Development Standards 29
Section 6.6:Additional Standards for Overlay Districts
(f) Windows on the street frontage side of a building shall be lim' d to 40%
of the total building fagade.
(g) The principal building shall be oriented facing towards t fronting street.
(h) Building Access
(i) A functional doorway for public or direct- try access into a
building shall be provided from the fro ng street.
(ii) Corner entrances should be provid on corner lot buildings.
iii) Additional entrances to a buildin may be provided.
(i) Ro flines& Materials
(i) Decorative cornices shall a provided for buildings with a flat
of, defined as roofs w' a pitch less than 3:12.
(ii) Ea s shall be prov' ed with a pitched roof, defined as roofs with
a pit greater th 3:12.
(iii) Pitched ofs a generally preferred over flat roofs.
(iv) All rooftop echanical equipment(i.e. vents, ducts,
commun' ati antennas, HVAC units, etc)shall be screened
from vi or de ' ned and installed in a manner using materials
and lors comps ' le with the building architecture.
(v) hly reflective roo i materials shall be avoided. All proposed
etal roofing should b tanding seam or copper. Galvanized
steel and tin roofs are pe itted.
Q) R idential manufactured structures re not permitted for conversion to a
on-residential use.
(H) Additional chitectural Standards for existing single- mily structures being
converte nto non-residential use:
(1) he exterior facade of an existing single-family residen proposed for
conversion into non-residential use shall not be altered to ccommodate new
non-residential land uses except where modifications are n essary to address
building or fire code requirements.
(2) Any structures proposed for removal shall either be moved to an er location for
re-use contemporaneously with the construction of the new structu or be
deconstructed in such a manner that the resultant materials are suita a for re-
use by the deconstructing party or others in future building projects. It i the
intent of this Sub-Section that the removed structure be recycled to the a nt
possible.
6.6.3 Efland Interstate 22
(A) Circulation and Connectivity
(1) All site planning for property east of Mount Willing Road shall take into account
the need for a connecting roadway between Mount Willing Road and the
Interstate 85/U.S. Highway 70 Connector.zs
(2) All site planning west of Mount Willing Road shall take into account:
22 Existing Section 6.6.3 (Major Transportation Corridor)has been renumbered to 6.6.5. References is existing
Sections 4.5.1 and 6.8.12 will be updated.
23 (1)and(2)are putting concepts from the EMSAP and an adopted access management plan into regulations.
Orange County, North Carolina—Unified Development Ordinance Page 6-31
Article 6: Development Standards 30
Section 6.6:Additional Standards for Overlay Districts
(a) A possible re-alignment of Efland-Cedar Grove Road under the existing
railroad track to connect to Mount Willing Road, as described in the
adopted Efland-Mebane Small Area Plan.
(b) The need for a connecting roadway between Mount Willing Road and
Buckhorn Road, as depicted on the Efland-Buckhorn-Mebane Access
Management Plan, adopted November 11, 2011.
(3) In order to manage access on public streets, a site shall be permitted no more
than one entrance/exit point unless justified by site configuration, trip generation,
and traffic conditions, including the need for separate service and
visitor/employee vehicular access, and/or one-way traffic movement.24
(4) Intra-site accessibility shall be provided. Vehicles shall not be required to enter
the public street in order to move from one area to another on the same site.
(5) On all corner lots, no vehicular openings shall be located closer than 60 feet from
the point of intersection of the street right-of-way lines.25
(6) Entrances/exits shall not exceed 36 feet in width measured at the property line;
however, in instances where parking lots serve tractor/trailer traffic, the driveway
entrance/exit may be increased to 40 feet in width.
(7) Exits for parking facilities containing more than 36 parking spaces shall contain
holding lanes for left-turning and right-turning traffic unless the Planning Director
determines that due to the physical features of a site, holding lanes would be
unsafe and should not be required.
(8) Shared Access
(a) In order to manage access on Mount Willing Road, developments
subject to this Section, fronting on Mount Willing Road, and located
contiguous to one another shall provide shared access.
(i) Owners of contiguous parcels subject to this Section shall
execute reciprocal easement agreements between the separate
property owners and have the same recorded in the Office of the
Orange County Register of Deeds prior to the issuance of a
Zoning Compliance Permit. The easement agreement shall be
sufficient to allow for the development of a private service road
or driveway to channel access from Mount Willing Road to each
property. Figure 6.6.2.A.3 shows an example of the shared
access.
(ii) Developments subject to this Section, fronting on Mount Willing
Road, and not contiguous to other similarly situated development
shall be required to designate stub outs to adjoining properties
on the site plan so that shared access can be developed if and
when the adjacent property is developed in either a manner
which subjects it to this Section or if individual curb cut for a
single-family detached residential land use is deemed to be a
traffic safety hazard by the County and NCDOT.
(9) All driveway entrances must have an approved NCDOT driveway permit and
must be paved to NCDOT standards from the edge of the existing roadway
pavement to the existing right-of-way limit on the interior of the property.
24(3)and(4)are current requirements for properties in EDDs and is good practice for many types of projects.
However,it should be noted that NCDOT may not approve more than one entrance/exit point-see(9)
25(5)through(9)are current requirements of ECOD and are suggested as good practices to be implemented in the
Efland Interstate overlay district as well.
Orange County, North Carolina—Unified Development Ordinance Page 6-32
Article 6: Development Standards 31
Section 6.6:Additional Standards for Overlay Districts
(10) Pedestrian Circulation 26
(a) Unless deemed unnecessary by the Planning Director during site plan
review, large projects, defined in (b), shall provide an internal pedestrian
circulation system, owned and maintained by the property owner. The
system shall provide pedestrian walkways to outparcels and also within
any large parking areas.
(b) For the purposes of this subsection, a large project is defined as one
located on 5 or more acres or proposing more than 50,000 square feet of
building area. A large parking area is one containing parking for 100 or
more vehicles.
(B) Landscaping and Buffering27
In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following
standards shall apply:
(1) There shall be a minimum ten feet wide vegetative buffer along all rights-of-ways
comprised of vegetation that complements surrounding plantings and which
includes trees planted in accordance with Section 6.8 where possible.
(2) There shall be a minimum 15 feet wide vegetative buffer along all common
property lines separating non-residential and residential land uses. The required
plantings shall be in accordance with those required for Buffer Yards Type A
outlined within Section 6.8 of this Ordinance.
(3) There shall be a minimum eight feet wide landscaped strip along all property
lines separating non-residential uses from non-residential uses. The landscaped
strip shall be comprised of vegetation that forms a semi-opaque intermittent
visual obstruction from the ground to a height of at least 15 feet. Joint use
agreements between adjacent property owners for shared ingress/egress and/or
parking may result in a waiver regarding the exact location(s)of the required
buffers.
(4) The provisions of this subsection do not waive the buffer requirements found in
Section 6.6.5 (Major Transportation Corridor).
(C) Architectural Design Standards
(1) In addition to the requirements in Section 6.5 (Architectural Design Standards),
the national prototype architectural styles of chain businesses shall be altered as
necessary to complement the surrounding area.28
(2) Drive-through facilities on non-residential uses are allowable in this area.
6.6.4 Efland Village
(A) Circulation and Connectivity29
(1) Shared Access for Properties Fronting on U.S. Highway 70
26 In October 2011,the issue of sidewalks was discussed at a BOCC work session and the decision was made that,
due to NC counties' inability to fund maintenance of public sidewalks,that public sidewalks would not become a
requirement for development in Orange County. However,walkability in large commercial projects is generally
desirable as is the ability of pedestrians to safely traverse large parking areas. Therefore,staff is suggesting that
some projects may be required to provide privately maintained sidewalks.
27 These lesser buffer requirements are in keeping with those required in the ECOD and are suggested in order to
provide for a more urban style of development in areas of the county served or to be served by public water and
sewer systems.
28 This language is suggested in order to ensure that any proposed"chain architecture"will blend better with the
surrounding area.
29 Please see footnoted explanations for the Efland Interstate overlay district as they apply to this section as well.
Orange County, North Carolina—Unified Development Ordinance Page 6-33
Article 6: Development Standards 32
Section 6.6:Additional Standards for Overlay Districts
(a) In order to manage access on U.S. Highway 70, developments subject to
this Section, fronting on U.S. Highway 70, and located contiguous to one
another shall provide shared access.
(i) Owners of contiguous parcels subject to this Section shall
execute reciprocal easement agreements between the separate
property owners and have the same recorded in the Office of the
Orange County Register of Deeds prior to the issuance of a
Zoning Compliance Permit. The easement agreement shall be
sufficient to allow for the development of a private service road
or driveway to channel access from Mount Willing Road to each
property. Figure 6.6.2.A.3 shows an example of the shared
access.
(ii) Developments subject to this Section, fronting on Mount Willing
Road, and not contiguous to other similarly situated development
shall be required to designate stub outs to adjoining properties
on the site plan so that shared access can be developed if and
when the adjacent property is developed in either a manner
which subjects it to this Section or if individual curb cut for a
single-family detached residential land use is deemed to be a
traffic safety hazard by the County and NCDOT.
(2) In order to manage access on public streets, a site shall be permitted no more
than one entrance and exit point unless justified by site configuration, trip
generation, and traffic conditions, including the need for separate service and
visitor/employee vehicular access, and/or one-way traffic movement.
(3) Intra-site accessibility shall be provided. Vehicles shall not be required to enter
the public street in order to move from one area to another on the same site.
(4) On all corner lots, no vehicular openings shall be located closer than 60 feet from
the point of intersection of the street right-of-way lines.
(5) Entrances/exits shall not exceed 36 feet in width measured at the property line;
however, in instances where parking lots serve tractor/trailer traffic, the driveway
entrance/exit may be increased to 40 feet in width.
(6) Exits for parking facilities containing more than 36 parking spaces shall contain
holding lanes for left-turning and right-turning traffic unless the Planning Director
determines that due to the physical features of a site, holding lanes would be
unsafe and should not be required.
(7) All driveway entrances must have an approved NCDOT driveway permit and
must be paved to NCDOT standards from the edge of the existing roadway
pavement to the existing right-of-way limit on the interior of the property.
(8) Pedestrian Circulation 30
(a) Unless deemed unnecessary by the Planning Director during site plan
review, large projects, defined in (b), shall provide an internal pedestrian
circulation system, owned and maintained by the property owner. The
system shall provide pedestrian walkways to outparcels and also within
any large parking areas.
(b) For the purposes of this subsection, a large project is defined as one
located on 2 or more acres or proposing more than 15,000 square feet of
building area. A large parking area is one containing parking for 50 or
more vehicles.
(B) Outside Storage of Materials Prohibited 31
so This language was added by staff after the November 19 public hearing and December 5 Planning Board meeting
in order to address comments made at the public hearing about internal pedestrian circulation in larger projects .
Orange County, North Carolina—Unified Development Ordinance Page 6-34
Article 6: Development Standards 33
Section 6.6:Additional Standards for Overlay Districts
(1) All outside storage of materials on lots other than those used for single-family
detached residential purposes is prohibited.
(2) This prohibition includes the storage of goods or materials which are not an
integral part of the use of the property and which are not obviously for sale.
(3) This prohibition does not include the storage of materials where the primary use
of the property includes the outside display of goods for sale such as
automobiles, boats, mobile homes, etc., and the materials stored outside are for
sale.
(C) Landscaping and Buffering32
In lieu of the requirements outlined in Section 6.8 of this Ordinance, the following
standards shall apply:
(1) There shall be a minimum ten feet wide vegetative buffer along all rights-of-ways
comprised of vegetation that complements surrounding plantings and which
includes trees planted in accordance with Section 6.8 where possible.
(a) Parcels fronting on U.S. Highway 70 shall provide buffer plantings in
accordance with those required for Buffer Yards Type A outlined within
Section 6.8 of this Ordinance.
(2) There shall be a minimum 15 feet wide vegetative buffer along all common
property lines separating uses subject to the requirements of this overlay district
and single family detached residential land uses. The required plantings shall be
in accordance with those required for Buffer Yards Type A outlined within Section
6.8 of this Ordinance.
(3) There shall be a minimum eight feet wide landscaped strip along all property
lines separating non-residential uses from non-residential uses. The landscaped
strip shall be comprised of vegetation that forms a semi-opaque intermittent
visual obstruction from the ground to a height of at least 15 feet. Joint use
agreements between adjacent property owners for shared ingress/egress and/or
parking may result in a waiver regarding the exact location(s)of the required
buffers.
(4) Although portions of the Efland Village Overlay District are also within the major
Transportation Corridor Overlay District, the buffer requirements found in Section
6.6.5 (Major Transportation Corridor) do not apply since said section applies only
to properties that abut the interstate.
(D) Parking Lot Design 33
(1) Up to 15% of the required parking spaces may be located in the front yard. The
remainder of the required parking spaces shall be located at the side or rear of
the structure.
(2) Shared parking areas shall be encouraged for contiguous non-residential land
uses, in accordance with Section 6.9 of this Ordinance.
(3) Parking areas with spaces in excess of 110% of the minimum parking spaces
required, per Section 6.9 of this Ordinance, shall not be permitted.
(4) Interior landscaping of the parking lots shall be provided in accordance with
Section 6.8 of this Ordinance.
31 This is a restriction currently found in the ECOD and is suggested for the Efland Village overlay district as well.
32 These lesser buffer requirements are in keeping with those required in the ECOD and are suggested in order to
provide for a more urban style of development in areas of the county served or to be served by public water and
sewer systems.
33 These are requirements in the ECOD which are also good practice for the Efland Village. An exception being that
ECOD requires parking to be located solely in the side and rear yards. Staff is suggesting that a few parking spaces
be allowed at the front of buildings in the Efland Village overlay district.
Orange County, North Carolina—Unified Development Ordinance Page 6-35
Article 6: Development Standards 34
Section 6.6:Additional Standards for Overlay Districts
(E) Signage34
(1) Signage shall conform to all requirements within Section 6.12 of this Ordinance.
(2) Only monument style signs that do not exceed six feet in height are permitted
within the Efland Village Overlay District.
(3) Pole signs are not permitted.
(F) Architectural Design Standards35
In addition to the requirements in Section 6.5 (Architectural Design Standards), the
following design standards shall apply:
(1) Corporate Franchise Architecture
(a) Under no circumstances shall modern corporate franchise building
design be permitted.
(b) Franchise or'chain' businesses desiring to locate in the Efland Village
Overlay District shall be required to design the building in accordance
with these guidelines.
(c) For purposes of this Sub-Section, "modern corporate franchise building
design" means a building design that is trademarked, branded, or easily
identified with a particular chain or corporation and is ubiquitous in
nature.
(2) The principal building shall be oriented facing towards the fronting street.
(3) Building Access
(a) A functional doorway for public or direct-entry access into a building shall
be provided from the fronting street.
(b) Additional entrances to a building may be provided.
(4) Human Scale and Fenestration
(a) Buildings shall be designed to contribute to a human scale. Large
expanses of blank walls shall be avoided and fenestration (the
arrangement, proportioning, and design of windows and doors in a
building)shall be provided in such a way that a building is relatable to
humans and does not overpower the area.
(5) Drive-through facilities are prohibited on all non-residential uses.
(6) Mirrored glass is prohibited.
6.6.5 ansportation Corridor(MTC)
(A) Landscapi Buffers
In addition to the requireme forth ' ction 6.8 of this Ordinance, the following
standards shall be met:
34 These are requirements in the ECOD which are also good practice for the Efland Village.
"(1)through(3)and(5)and(6)are requirements in the ECOD which are also good practice for the Efland Village.
(4)is suggested in order to articulate that we are encouraging human scale architecture in the Efland Village overlay
district. The existing requirements in Section 6.5 basically implement this point but"human scale"is a more
modern term that will likely be recognizable to people in the development community.
Orange County, North Carolina—Unified Development Ordinance Page 6-36
Article 6: Development Standards 35
Section 6.8: Landscaping, Buffers&Tree Protection
( The Planning Director may grant the extension on requests for planting extens'
itted between May 15 and September 15 of each year, and may r e
extensi at other times if there are unfavorable conditions for ng.
(D) If the initial LRE expired and conditions ieclarattion e till d ed unsuitable for planting, an
applicant may request o dditional extensio o 90 days. During periods of
extreme drought, as evidence the offi ' of Stage 3 or greater mandatory
water conservation requirements,t nning Director, or designee, may authorize
additional 90-day extensions and the on tension typically allowed. These
extensions may be co ' ed throughout the perio ' which the extreme drought
conditions rem
(E) The cant shall also acknowledge that no Final Zoning Complia Permit shall be
ued while there is an active (pending) LREC unless a performance gu ee(such as
a letter of credit or performance bond)sufficient to cover 110% of the installed
landscaping costs has been posted with the Planning and Inspections Department.
6.8.12 Additional Standards for Economic Development Districts
(A) Landscape and Tree Preservation Plan
The Landscape and Tree Preservation Plan shall be prepared in accordance with the
requirements of Section 6.8.10.
(B) Preservation of Existing Features
(1) Natural features such as streams and ponds, hillsides, rock formations, unique
vegetation and natural areas,wildlife habitats, and other similar features must be
incorporated into the overall development concept.
(2) Building sites, parking areas, and other uses shall be situated in such a way as to
protect existing tree stock having a diameter of one-foot or greater when
measured four and a half feet above ground level.
(3) Trees to be saved shall be noted on the landscape and tree preservation plan
and appropriate measures to protect the tree stock from damage during
construction, including no grading within the critical root zone, shall be indicated
in accordance with Section 6.8.4.
(4) Where possible,trees shall be protected in stands or clusters.
(5) The siting of buildings shall take advantage of scenic views and take into
consideration the impact of new structures on views from off-site.
(6) Where ever possible, access to views are to be preserved for adjacent property
owners and passing motorists.
(7) Scenic views and visual elements within the visual corridor shall be identified and
preserved where possible.
(C) Buffering Neighboring Uses
(1) A minimum buffer of 100 feet in width is to be provided at the boundary of all
Economic Development Districts.
(2) in accordance with Section 6-6-.3 6.6.5, a buffer of 100 feet in width is to be
maintained adjacent to the right-of-way of interstate highways.
(3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the
boundary adjacent to the Clearview Subdivision and adjoining residential area on
the north side of West Ten Road.
(4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86
roadway corridor. For properties located within the EDH-1 zoning district, a 50
foot wide buffer is required.
Orange County, North Carolina—Unified Development Ordinance Page 6-55
Article 6: Development Standards 36
Section 6.8: Landscaping, Buffers&Tree Protection
(5) Limited breaks in required interstate highway buffers may be allowed in
accordance with Section 6.6:3(5)6.6.5(5).
(6) Buffers may consist of existing wooded areas. If existing vegetation is not
sufficient for screening, a planted buffer shall be augmented and interspersed,
consisting of 50-75% evergreen trees reaching a minimum mature height of 30-
feet.
(7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between
adjacent land uses, whether internal or external to the project, shall be provided
in accordance with the Land Use Buffer Schedule that follows.
(8) Trees with a caliper of six inches or greater should be considered for
preservation.
(9) No grading for building or parking shall encroach upon required buffer.
(10) Landscape buffer widths may be reduced if the buffer material is adequate to
provide additional screening.
(11) Decorative walls may be used to augment required landscaping for buffer
reduction.
(12) Access and utility crossings are to be made as close to perpendicular as possible
to the length of the buffer.
(13) No land disturbances for buildings, parking, or storage, drainage, etc. are
permitted within a required buffer.
ACROSS TABLE 6.8.12.C: LAND USE BUFFER SCHEDULE
A B ABUTS THIS EXISTING LAND USE... "A"PROVIDES A
BUFFER WIDTH OF....
WHEN THIS LAND USE IS BEING NOTE:"ABUTTING LAND USES INCLUDE THOSE
DEVELOPED AND... STREET(OTHER THAN AN INTERSTATE HIGHWAY) •
-.
PROPOSED . .-
Residential all types N/A
Finance 20
Government, Information, Recreation, Retail,Services, 30
Non-Residential Use/Reuse of Historic Buildings
Other all other Use Types in Section 5.2.2 50
Residential,all types Interstate Highway See also Section 6.6.3 100
Arterial Road 30
Collector Road 20
Railroad 40
Transmission Lines 40
Undeveloped Parcel 20
Residential,all types 20
Finance 20
Government, Information, Recreation, Retail,Services, 20
Non-Residential Use/Reuse of Historic Buildings
Finance Other all other Use Types in Section 5.2.2 N/A
Interstate Highway See also Section 6.6.3 100
Arterial Road 20
Collector Road 20
Railroad 20
Transmission Lines 20
Orange County, North Carolina—Unified Development Ordinance Page 6-56
Article 7: Subdivisions 37
Section 7.13: Flexible Developments
( rovide for the active and low impact recreational needs of esidents,
inclu in ' entation of the Master Recreati cs Plan.
(8) To provide greater efficien i ing of services and infrastructure by
reducing road , i ity runs, an unt of paving for development.
9 create compact neighborhoods accessible to open s enities and with
a strong identity.
7.13.2 Applicability
(A) All Flexible Development subdivision plats shall comply with the requirements and
standards specified herein and in all respects with other applicable codes and ordinances
to the extent that they are not in conflict with these provisions.
(B) Flexible Developments located within the Stoney Creek Basin Overlay District shall
comply with provisions of Section 4-4 4.836 of this Ordinance.
(C) The Village Option for a Flexible Development shall not be located in the Rural Buffer
(RB)zoning district.
(D) Applicants seeking approval of a Minor Subdivision Final Plat by the Planning
Department are encouraged to work with the Planning Department staff in identifying and
preserving open space areas as part of such developments.
7.13. Open Space Standards
(A Minimum Required Open Space
Where a developer elects to seek approval of a Flexible Develo ent as
specified herein, at least 33% of the total land area in the Fle i le Development
ust be set aside as protected open space.
(2) Su open space shall meet the standards contained ' this Section unless the
develo r chooses to seek approval of a conventio I subdivision as specified
herein.
(B) Planning for Open Sp e
(1) Open space design subdivision proj s shall be planned as part of a
comprehensive project sign.
(2) The long-term success of op ace is improved when a layout is chosen with a
perspective of future usefuln s, fficiency, connectivity and compatibility with
both existing developme nd oth pes of open spaces.
(3) Open space is an im rtant amenity for bdivision residents and an essential
part of the County' character and environ tai quality.
(4) Open space nning must indicate a thoughtful derstanding of that
importanc , and shall be evaluated based on its me
(5) A Fle ' e Development subdivision plan shall always pr "de open space which
pr inently meets at least one of the three following goals i en space design:
a) The Maintenance of Wildlife Corridors and/or Habitat;
(b) The Preservation of Rural Character; or
(c) The Creation or Protection of Space for Outdoor Recreation.
(6) When relevant, a Flexible Development subdivision plan shall address the
following additional goals in open space design:
36 This reference change is necessary due to renumbering Sections in order to insert the two proposed overlay
district.
Orange County, North Carolina—Unified Development Ordinance Page 7-37
�1r - •
1,
.. r
��1 '� ■'�Z'C�r+'..`.C�ZC�w�.rraZL-��:-r�i'Lt.� ,
� .__,.— !r•L'�k1i�T_�-'r k�i'LTIL'�krS'LT]"+'r.!t
11.■�■ 111 ■�.1 u� x),' � ?.]•+�r+!s�ra.r3�r,.
111 I�
X
j j�iiiii
t.[.l".•ll• � ri i� �. �-�T.f-:V�.l!'TY-�`14.�1 T�� -�
AAAW
17 A
Timis >•r 1 i
� 'ir�i ��.��Iltl•■�tt..�ll�f
4 11t1■9�-�-'
• tt� � A �'�,' lid iiii, � "�� �
tot
40 m�osooiswffl
IME
■oss
AZEW
Ngg
� � � ,, �_�, ��.�ir._■sue � -
1 \1 V1\ _-
Inman
r r
111 rr♦�rr."'i�� � -_ � .
1
39
Appendix F: Land Use and Zoning Matrix
o ZJ-dI-QAt a • • • • •
O Z J-QdL1i • • • ♦ ♦ •
U) (lid nn +
c �
O w
sv
E o c
n c E
� � L `Z-Ha:�l`I•H((�I`Z'.dcCd � •�
O °
O
� c �
s a £-I .� +
oo
c A ,
c ? a C:
CD- m ad
.�
cn c6 N �_� '' • ♦ •
T) Q
-6 -0 E P,
ca c �.
> o £I-2I`S-H`S-g °o • •
a� O �� y
E cm
Sc ) }? t-H `£-2I U • •
.�
m C 8
� cc •
o
m
CL au p; +
6 LL
d cu
0)-0 is o 0 0 '� c+, d
75 C U U U 0 F L L L "O m 0
cu
4
L
h o F F L y o •" o w Z 'fl
LE
j G
O �'
Bpd r�.� �cu
.O a4 ap 4 O tad O m. eJ �. 7 7 b6 O O 7 u O 7
I- .5 Cu > 1-1 U U U F• w F a4 P4 d a4 ;r-LP4 d c4 Z a,
0)4 .2 O
o uo)IMFJl, [sing ds�aaap
Ora*u�Ccu*ity Cotes rehensive,,Pla h� Page F-3