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HomeMy WebLinkAboutAgenda - 02-24-2014 - C5119 ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT Meeting Date: February 24, 2014 Action Agenda Item No. C.5 SUBJECT: Comprehensive Plan and Unified Development Ordinance Text Amendments for Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENT(S): 1. Comprehensive Plan /UDO Amendment Outline Form (UDO /Zoning 2013 -06) 2. Proposed UDO and Comprehensive Plan Text Amendments 3. Chart of Basic Zoning Program INFORMATION CONTACT: (919) Perdita Holtz, Planning, 245 -2578 Craig Benedict, Planning, 245 -2592 PURPOSE: To hold a public hearing on Planning Director initiated text amendments to the Comprehensive Plan and Unified Development Ordinance to implement a program commonly referred to as "Agricultural Support Enterprises" outside of the Rural Buffer land use classification. BACKGROUND: The form in Attachment 1 contains additional information and analysis regarding these County initiated amendments that will implement a program that has been in development since 2001. The proposed amendments are contained in Attachment 2. A chart depicting the basic zoning program for Agricultural Support Enterprises (ASE) uses is included in Attachment 3. This chart shows which uses are allowed in which zoning districts and directs users to the section of the UDO that contains any specific use standards. From a zoning /land use perspective, the ASE program involves: • creating a new conditional zoning district (ASE -CZ), • adding additional permitted uses to some of the existing general use zoning districts, • creating use - specific standards that ASE uses must meet, • updating some of the development standards in Article 6, • defining what the use is (Article 10 — Definitions), and • amending the Land Use and Zoning Matrix of the 2030 Comprehensive Plan to show which Land Use classifications the new conditional zoning district (ASE -CZ) would potentially be allowed in. Advisory Board Review The "Amendment Outline Form" (Attachment 1) for these amendments was approved by the BOCC at its September 5, 2013 regular meeting. The amendments have been reviewed three times by the Agricultural Preservation Board and twice by the Planning Board's Ordinance 120 Review Committee (ORC) (see Section C.2.b in Attachment 1 for more information) and comments made by these boards have been incorporated into the proposed amendments. Both advisory boards are supportive of moving forward with the ASE program. At the BOCC work session on May 14, 2013, the BOCC asked staff to get input from the advisory boards, especially the Agricultural Preservation Board, on whether removing the more intensive uses from the new conditional zoning district (ASE -CZ) would be acceptable. Both the Agricultural Preservation Board and the ORC are supportive of allowing applicants to apply for as many agriculturally - related uses as possible since the new ASE -CZ enables projects to be considered on a site - specific, case -by -case basis. There is acknowledgement that a project that may not be suitable on a 3 -acre parcel immediately adjacent to a residential subdivision may be an appropriate use on a 20 -acre parcel with limited neighbors. The new conditional zoning district would give the Board of Commissioners discretion in deciding these types of situations. Public Information Meeting A Public Information Meeting is scheduled to be held on Thursday, February 13, 2014. This meeting was advertised in the legal ad for the quarterly public hearing, in press releases, and via flyers. The News of Orange printed the press release in its January 29 print edition. Flyers advertising the meeting were also posted in several governmental buildings, at solid waste convenience centers, and at several businesses located in the county. Cooperative Extension also distributed the flyer to the participants in the Breeze Farm training class. Information about the ASE program, including the public information meeting, was posted on the Planning Department's website (http: / /orangecountync.gov/ planning /AgriculturalSupportEnterprises .asp) on January 24, 2014. FINANCIAL IMPACT: See Section C.3 of Attachment 1. RECOMMENDATION(S): The Planning Director recommends the Board: Receive the proposal to amend the Comprehensive Plan and Unified Development Ordinance. 2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on the proposed amendment. 3. Refer the matter to the Planning Board with a request that a recommendation be returned to the Board of County Commissioners in time for the April 15, 2014 BOCC regular meeting. 4. Adjourn the public hearing until April 15, 2014 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Attachment 1 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning- 2013 -06 Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map: From: To: ❑ Zoning Map- From - To: ❑ Other: Text Amendments ❑ Comprehensive Plan Text: O pp Section Appendix F. Land Use and Zoning Matrix ..........; ❑ UDO Text: ❑UDO General Text Changes ❑UDO Development Standards ❑UDO Development Approval Processes �ection(s): Numerous sections in order to establish a new conditional zoning district, define uses, designate zoning districts for uses, and establish /modify various standards for uses. ❑ Other: B. RATIONALE 1. Purpose /Mission To complete the Agricultural Su pp ort Enterprises ( ASE ) p roject that has been in development since 2001. The purpose of ASE is to enable bona fide farmers to engage in appropriate uses related to agriculture on their farmland in order to generate additional farm income with the intent of better enabling farmers to keep 121 122 farming, thereby preserving an important part of Orange County's heritage. Use - specific and general development standards are also proposed in order to minimize any adverse impacts on adjoining and nearby properties. The ASE program will potentially allow for development of more agriculturally - related uses in the county by utilizing a new conditional zoning district (ASE -CZ). The proposed amendments will also expand agriculturally - related uses in some of the general use zoning districts. 2. Analysis A separate text amendment is being proposed that would make the ASE program applicable within the Rural Buffer land use classification. Readers are encouraged to view the materials for the separate amendment if they are interested in the applicability of the program to the Rural Buffer. As required under Section 2.8.5 of the UDO, the Planning Director is required to: `cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners'. The Agricultural Support Enterprises (ASE) project has been in development since 2001 and has been known by other names ( "Rural Enterprises" and "Agricultural Services ") in the past. The project has been on several Board of County Commissioners (BOCC) agendas through the years and the following meeting materials can be reviewed for additional context: February 23, 2004 http:// orangecountync .gov /OCCLERKS /0402231.pdf March 29, 2004 http: / /orangecountync .gov /OCCLERKS /040329.htm (JPA Information Item) February 28, 2005 http: // orangecountync .gov /OCCLERKS /050228cl.pdf May 23, 2005 http:/ /orangecountync .gov /OCCLERKS /050523dl.pdf May 22, 2006 http:// orangecountync .gov /OCCLERKS /060522d2.pdf May 21, 2007 http:/ /orangecountync .gov /OCCLERKS /07052ldl.pdf June 12, 2007 http:// orangecountync .gov /OCCLERKS /0706124ii.pdf August 27, 2007 http://orangecountync.gov/OCCLERKS/070827dl.pd May 14, 2013 http:// orangecountync .gov /occlerks /130514.pdf September 9, 2013 http:/ /orangecountync .gov /occlerks /130909.pdf November 21, 2013 h_ttp: // orangecountync .gov /occlerks /131121.pdf (Assembly of Governments meeting) This project is included in the "Future Phase Suggestions" section of the UDO "Implementation Bridge." A multi - department staff group has been working on this program. Departments include DEAPR, Economic Development, Environmental Health, and Planning & Inspections (including Building Code staff). Completion of the ASE zoning program is also included in the County's adopted (2009) Agricultural Development and Farmland Protection Plan available at: http: / /www.orangecountync.gov /ercd/ documents / farmland %20protection /Orange %20 County %20ADFPP %20Adopted %2011- 17 -09. pdf 123 The proposed amendments build heavily upon the work that has been completed since 2001, with some minor deviations to account for changes in statutes related to bona fide farms and to follow the general cadence of the County's UDO (the former program had been written to fit into the former Zoning Ordinance) while maintaining the integrity of the UDO. As an example of a minor deviation, the former program proposed to allow for several of the new use categories to be permitted by right in the R -1 (Rural Residential) zoning district. Because this is inconsistent with the purpose of the R -1 zoning district, which is "to provide locations for rural non -farm residential development..." [underline added], staff is not including these uses as permitted by right in the R -1 district; property owners currently zoned R -1 who wish to engage in these uses can choose to apply for the new ASE -CZ zoning district or even the AR (Agricultural Residential) zoning district (in which these uses are proposed to be permitted by right). The proposed text amendment would add a number of agriculturally - related uses /activities as "permitted by right" in several general use zoning districts, subject to the use - specific standards proposed in Article 5 and the general development standards in Article 6. The added uses are shown in red text in Section 5.2.1 (Table of Permitted Uses — General Use Zoning Districts). The proposed text amendment also includes a new conditional zoning district, ASE - CZ. Conditional zoning districts allow applicants to apply for a rezoning that can be considered on a case -by -case basis, taking into account the suitability of a particular parcel of land for a proposed use(s). Mutually agreed upon development or operational conditions can also be applied to the rezoning action. Conditional districts are a regulatory tool that help local governments allow appropriate uses on a site - specific basis while also allowing the imposition of conditions that may help ease nearby residents' concerns about a particular use. The types of uses that can be applied for as an ASE -CZ are listed in Section 5.2.3 (Table of Permitted Uses — Conditional Zoning Districts). Use - specific development standards for most of the new uses are proposed in Article 5. The standards are intended to mitigate any adverse impacts a proposed use may cause to adjacent properties. Additionally, the development standards applicable to all development in Orange County (Article 6 of the UDO) will apply to the uses included in this amendment; examples of the standards in Article 6 are: land use buffers, parking, signage, stream buffers, and performance standards such as noise. The proposed amendments also add definitions to Article 10 of the UDO. Definitions are an important aspect of regulations as they are used to describe a specific activity so they assist is helping applicants and staff categorize a particular use to ensure it is permitted correctly. The Land Use and Zoning Matrix in the Comprehensive Plan is proposed to be amended to show that the ASE -CZ zoning district could be applied in the following land use classifications: 124 • Commercial Transition Activity Node • Rural Community Activity Node • Commercial - Industrial Transition Activity • Rural Neighborhood Activity Node Node • Rural Residential • Rural Industrial Activity Node • Agricultural Residential If the amendments are adopted, a manual for the layperson to use will be developed by DEAPR and Planning staff. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal I Infrastructure and support systems for local and regional agriculture. Objective AG -3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. 4. New Statutes and Rules ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N/A ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. PROCESS 1. TIMEFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed September 5, 2013 b. Quarterly Public Hearin ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . February 24. 2014 c. BOCC Updates /Checkpoints May 14, 2013 - work session September 9, 2013 - special work session November 21, 2013 - Assembly of Governments meeting (issues related to Rural Buffer) February 4. 2014 — approve legal ad for quarterly public heari April 15 2014 — receive Planning Board recommendation on UDO amendment p g package outside of the Rural Buffer d. Other 2. PUBLIC INVOLVEMENT PROGRAM gMission/Scope: Public Hearin process consistent with NC State Statutes and p Orange County ordinance requirements and additional outreach as described below. a. Planning Board Review: October 2 2013 — ORC Meeting November 6, 2013 — ORC Meeting (continued) — Comments were incorporated into the proposed amendments and the Planning Board stated it was ready for the proposal to be heard at a public hearing March 5, 2014 — for recommendation b. Advisory Boards: Agricultural Preservation Board (APB) reviewed and discussed the entire ASE program at its October 16, November 20, 2013, and January 15, 2014 meetings c. Local Government Review: November 21, 2013 AOG Meeting to Present to Elected Officials Proposed amendment package formally sent to JPA partners on January 17, 2014. To date, no comments have been received. d. Notice Requirements The consensus of the APB is that the Board is supportive of moving forward with the proposed ASE program and would like farmers to have the ability to apply for as many types of agriculturally - related uses as possible. August 13, 2013 - Planning staff informally notified Chapel Hill and Carrboro Planning Directors of work in progress and anticipated AOG item Item was included in the legal advertisement for the February quarterly public hearing which was published in The Herald Sun and the News of Orange on February 12 and 19, 2014. e. Outreach: ® General Public: Public Information Meeting scheduled for February 13, 2014. Advertised in legal ad, press release, and posted flyers in government buildings /facilities and businesses in the county. 125 126 ❑ Small Area Plan Workgroup: ® Other: Planning staff has worked with DEAPR staff and the Agricultural Preservation Board to ensure the "agricultural community" is informed of the amendments. 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement will be paid from FY2013 -14 Departmental funds budgeted for this purpose. Existing County staff included in Departmental staffing budgets will accomplish the work required to process this amendment and to develop the accompanying manual for the layperson. D. AMENDMENT IMPLICATIONS These amendments incorporate land uses the agricultural community would like to see specifically included on the Table of Permitted Uses (Section 5.2) (as opposed, for example, being considered "Retail, Class 1 "). The amendments also establish a new conditional zoning district (ASE -CZ) and denote the types of uses that may be applied for as part of an ASE -CZ rezoning application, potentially allowing for development of more agriculturally - related uses in the county. The proposed amendments will also expand agriculturally - related uses in some of the general use zoning districts. Please also see section B.2 above for additional information. E. SPECIFIC AMENDMENT LANGUAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . See Attachment 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Primary Staff Contact: Perdita Holtz Planning & Inspections 919- 245 -2578 pholtz @orangecountync.gov 127 Attachment 2 Amendment Package for "Agricultural Support Enterprises" Outside of the Rural Buffer Notes The pages that follow contain the amendments necessary to the Unified Development Ordinance (UDO) text and Comprehensive Plan text to adopt changes related to "Agricultural Support Enterprises," as it is applicable outside of the Rural Buffer land use classification. The changes are consistent with the general program that has been in development since 2001. A separate text amendment is available for Agricultural Support Enterprises (ASE) within the Rural Buffer. The text amendments are being proposed separately because an amendment is necessary to the Joint Planning Area Land Use Plan and Agreement in order to apply the ASE program within the Rural Buffer land use classification. The required amendment is anticipated to occur during 2014 but County staff thought it would be prudent to separate the Rural Buffer information from the remainder of the county since the Rural Buffer portion is expected to be on a longer timeframe of review. The purpose of the ASE project is to augment allowable uses farmers throughout Orange County's planning jurisdiction can pursue in order to generate additional farm - related income and to potentially allow farming support /related uses in rural areas while minimizing any adverse impacts on adjoining property by applying special standards for specific uses and the development requirements in the County's LIDO for all projects. By better enabling farmers to stay in the business of farming, the rural, farming heritage of Orange County will continue to be preserved. Proposed additions /changes to existing text are depicted in red. Some 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 LIDO is available online at: http: / /orangecountync.gov /planning /Ordinances.asp Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted LIDO because adding text may shift all of the text /sections downward. 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 striketh„=ough text. 128 not be issued until the aforementioned permit has been issued by the responsible and in accordance with the review and approval procedures detailed herein. (B) suance of a Special Use or Conditional Use Permit does not negate the equirement for a ing Compliance Permit. (C) Issuanc f a Zoning Compliance Permit does not establish a ve ed right to begin and complete co truction or change the use /occupancy of a lot uilding should regulations cha e subsequent to issuance of said permi . (D) Application for Zonin Compliance Permit shall spe ' the method of disposal of trees, limbs, stumps and cons ction debris associate ith the permitted activity. Open burning of trees, limbs, stu s, and /or constr tion debris associated with the permitted activity is expressly prohibited. (E) No building, structure, or zoning lot which a Zoning Compliance Permit has been issued shall be used or occupied ntil t Building Inspector has, after final inspection, issued a Certificate of Occup cy indicatin compliance with all the provisions of this Ordinance. (F) No building, structur , or zoning lot for which a ZonNQ Compliance Permit has been issued shall be u d or occupied until the Orange Cou Health Department has approved supply and sewage disposal systems ruing that use. (G) Issuanc a Certificate of Occupancy by the Building Official o the approval of a water supp and sewage disposal system by the Health Department sha 'n no case be c strued as waiving any provision of this Ordinance. (H) Zoning Compliance Permits shall become null and void after 18 months fro the date of issuance if a building permit is not applied for or land disturbing activities are n commenced in accordance with the provisions of this Ordinance. 2.4.3 Plot Plan Specifications (A) For development types requiring a plot plan rather than a site plan, the plot plan shall contain the following: (1) A scaled drawing denoting the length of all property lines, (2) A north arrow denoting the orientation of the lot and all proposed structures, (3) The location of all existing structures, driveways, and areas of impervious surface', (4) The location of the proposed structure(s) and distances from all property lines, (5) The location of the proposed driveway, (6) The location of the proposed septic system and proposed drain lines on the property, (7) The location of the proposed well, a_PA (8) The location of any protected features on the property (i.e. stream buffers, flood plain, wetlands, etc) -, and (9) The location and dimensions of proposed parking areas. 1 Staff recommends adding this language to the requirements for a plot plan. This section seems to have been written only with new construction in mind. However, denoting the location of these items has always been asked by staff or else impervious surface could not be calculated for a lot. Additionally, some structure types are required by the building code to be a certain distance from other structures so without the information on the plot plan, it would be impossible for staff to determine compliance. 129 (B) Base plot plans are available from the Planning Department and can be printed for a fee in accordance with the established fee schedule. Applicants may also use other sources of base plot plans provided the requirements of this Section are met. (1) Planning staff is available to discuss compliance matters but shall not complete plot plans. jSECTION 2.5: SITE PLAN REVIEW 2.5.1 Review and Approval Flow Chart The review and approval process for a Site Plan is shown in the procedure's flowchart. 2.5.2 Application Requirements (A) Each site plan shall be prepared and sealed by an appropriately licensed professional with the felie iRg eXGePtinno The following are exempt from this requirement but must provide a plot plan pursuant to Section 2.4.3.2: (1) Proposed additions to existing permitted non - residential structures where the use of the structure and lot has not changed and the floor area is not increased more than 25 %. (2) Accessory structures to existing permitted non - residential structures where vehicular use area is not extended and changes to existing grade are not more than one foot in elevation. (3) Large day care homes, as defined in Article 10, Definitions. (4) Rural Guest Establishments with three guestrooms or less - Bed & Breakfasts. (5) Cooperative Farm Stand. (6) Rural Special Events. (7) Non -Farm Use of Farm Equipment. Site Plan Application Submittal Determination of Completeness By Planning Director Completed Application Distributed to Applicable Agencies, Development Advisory Committee, and Other Departments for Review Planning Director Review and Final Decision: Approval, Approval with Conditions, or Denial [1] [1 ] If Plan is approved with conditions, no zoning permit authorization or building permit issued until conditions satisfied (B) The applicant shall submit to the Planning and Inspections Department. (1) Three copies of the site plan prepared in accordance with the provisions detailed in this Section. Additional copies may be required depending on the nature and location of the proposed development);. (2) The completed site plan application form; (3) A copy of the Orange County tax map with the subject property identified, 2 Staff recommends this additional language to provide more clarity that a plot plan is (and has always been) required for the uses in this list. 130 (D) A rezoning request to a Conditional District is a voluntary procedure that is intended for firm development proposals. 3.8.3 Districts Established (A) Conditional Zoning Districts (1) Conditional Zoning (CZ) Districts are floating zoning districts, permitted within most land use designations allowing for the development of specific land uses, in accordance with established standards. (2) A CZ requires the approval of a rezoning by the Board of County Commissioners, approval of a site plan or Master Plan, and may include agreed -upon conditions of development. (3) The following CZ districts are hereby established: (a) Agricultural Support Enterprises (ASE -CZ) (b) Mobile Home Park (MHP -CZ) (c) Master Plan Development (MPD -CZ) (d) NC Highway 57 Speedway Area Rural Economic Development Area (REDA -CZ -1) (4) Land uses permitted within CZ districts shall be those uses detailed within Section 5.2 of this Ordinance. (5) Development standards for each district are located in Article 6 of this Ordinance. (B) Conditional Use Districts (1) Conditional Use Districts allow for the development of a specific land use, or land uses, listed on the Table of Permitted Uses in Section 5.2 of this Ordinance, even if such use is not listed as a permitted use or special use under the current zoning designation of the subject property. (2) Conditional Use Districts shall conform to all applicable development regulations, including uses, for the corresponding general use zoning district, as well as any specific use standards and development standards established in Articles 5 and 6 of this Ordinance. (3) A Conditional Use District requires the approval of a rezoning by the Board of County Commissioners, approval of a site plan, the issuance of a Class A Special Use Permit, and may include agreed -upon conditions of development 3.8.4 Where Permitted (A) Conditional Districts are permitted in any Land Use classification and shall be located consistent with the existing general development pattern and the objectives of the adopted Comprehensive Plan and any adopted small area plan(s). (B) Conditional Districts are permitted within areas subject to the Joint Planning Agreement (JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the terms and standards of the JPA. (C) Conditional Districts are permitted within the University Lake, Cane Creek, and Upper Eno Protected and Critical Watershed Overlay Districts. The purpose of the Agricultural Support Enterprises (ASE -CZ) District is to provide for agriculturally - related activities that are not considered bona fide farming activities within the County's planning jurisdiction. The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties, thus insuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Therefore, when evaluating an application for this district, emphasis shall be given to the location of the proposed development, the relationship of the site and site development plan to adjoining property, and the development itself.4 This district shall not be applied in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.S DIMENSIONAL STANDARDS NOTES:° [1] Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. [2] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the adjacent residential district. [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] The overall development will be evaluated to ensure compatibility with surrounding properties and with Dlanninq obiectives. 131 Lot size, min., per use 40,000 [1] (square feet) Lot Width, min. (feet) 150 Front Setback from 40 ROW, min. (feet) Side Setback, min. 20 [2] (feet) Rear Setback, min. 20 [2] (feet) Height, max. (feet) 45 [3] Floor Area Ratio, max No requirement [4] Required Open Space No requirement [4] Ratio, min. Required Livability No requirement [4] Space Ratio, min. Required Recreation No requirement [4] Space Ratio, min. Required Pedestrian / No requirement [4] Landscape Ratio, min. 1. Uses shall be restricted to those indicated for the ASE -CZ District in Section 5.2. Additionally, non - residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. 2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. 3 These standards are consistent with other existing zoning districts such as AR and AS and /or are consistent with how other CZ districts are handled. 4 This statement is consistent with the statements made for other CZ districts. 5 An amendment to allow certain ASE -CZ uses in the Rural Buffer land use classification will be processed separately. This is because revisions to the Joint Planning Area (JPA) Land Use Plan and Agreement must occur before this zoning classification can be considered for the Rural Buffer. 6 Consistent with how similar uses /zoning districts are written. These are typical of other zoning districts and seek to direct users to other applicable sections of the UDO. #3 also clarifies that residential uses in the ASE -CZ district are incidental. 132 3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i e., the number of individual dwellings that can be developed on a parcel of property). The ASE -CZ district is not intended for residential uses such as subdivisions. Any residential uses are to be occupied by the operator of the associated farm or the proprietor of the approved use. 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Sections 4 2.5 and 4.2.6 for a breakdown of the allowable impervious surface area. 5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 133 C) In addition to the listing of such uses, the Board of County Commissioners intends at the general standards and the more specific requirements established herein, s II be used by the Board of Adjustment, the Planning Board and the Board of Coun ommissioners, as appropriate, to direct deliberations upon application or e approval of S cial Uses\ha (D) It iess intent of the Board of County Commissioners to de ' eate the areas of conected with each Special Use and to provide standa s by which applications for ial Use shall be evaluated (E) Esent Classes of Special Uses; Authority T Approve or Disapprove Th reby es blished the following classes of pecial Uses which shall be apdisapprov as shown: (1) s A - Approve r disapproved by oard of County Commissioners (2) s B - Approved or approved y Board of Adjustment 5.1.4 Conditional Uses (A) The Board of County Commissio rs is m dful of its responsibility to protect the public health, safety and general well re of the resi nts of Orange County and intends to encourage development wit in the County cons tent with that purpose. (B) The Board of County C missioners also recognize that certain uses are appropriate for development in O nge County but their location an site development specifics cannot be predete ined or regulated through the use of eneral zoning district designation and onventional standards. (C) Conditional ses and Conditional Use Districts are hereby estab i hed and shall be reviewed ' accordance with the provisions of this Ordinance. (D) Per ' ted Uses Any use listed as Permitted by Right or by Special Use Permit on th Table of Permitted Uses may be approved as a Conditional Use within a Condit nal Use District, unless expressly excluded in Section 5.1.4(E) of this Ordinance (2) Permitted uses are subject to all general and specific standards of approval fo that use, as established within this Section (E) Exclusions (1) Unless otherwise noted in Section 5.2, the following uses shall not be considered or approved as a Conditional Use District within the Commercial - Industrial Transition Activity Node or Economic Development Transition Activity Node land use classifications, as designated by the adopted Comprehensive Plan: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Class II Kennels, (c) Commercial Feeder Operation, (d) Composting Operation with grinding, (e) Crematoria, (f) Extraction of Earth Products, (g) Junkyards, (h) Landfills (less than 2 acres), (i) Landfills (2 acres or more), (j) Meat Processing Facility, Regional, 134 (k) Military Installations (National Guard & Reserve Armory), (1) Residential Hotel (Fraternities, Sororities, and Dormitories), (m) Riling Stables, Commercial, (n) Sawmills, (o) Stockyards / Livestock Markets, and (p) Waste Management Facility; Hazardous & Toxic (2) For all land use classifications other than the Commercial - Industrial Transition Activity Node or Economic Development Transition Activity Node, the following uses shall not be considered or approved as a Conditional Use District: (a) Agricultural Processing Facility (b) Airports, General Aviation, Heliports, S.T.O.L, (c) Bus Terminals & Garages, (d) Class 11 Kennels, (e) Commercial Feeder Operation, (f) Composting Operation with grinding, (g) Crematoria, (h) Drive -In Theaters, (i) Extraction of Earth Products, 0) Farm Equipment Rental, & Sales and Service, (k) Feed Seed Storage & PFC)Gess+ng Mill, (1) Funeral Homes, (m) Health Services: Over 10,000 square feet, (n) Hospitals, (o) Hotels & Motels, (p) Industrial, Light, (q) Industrial, Medium, (r) Industrial, Heavy, (s) Junkyards, (t) Landfills (less than 2 acres), (u) Landfills (2 acres or more), (v) Meat Processing Facility, Regional, (w) Military Installations (National Guard & Reserve Armory), (x) Motor Freight Terminals, (y) Motor Vehicle Maintenance & Repair (Body Shop), (z) Motor Vehicle Repair Garage, (aa) Petroleum Products- Storage & Distribution, (bb) Research Facility, (cc) Residential Hotel (Fraternities, Sororities, and Dormitories), (dd) Riding Stables, Commercial, 135 (ee) Sawmills, (ff) Stockyards / Livestock Markets, (gg) Storage of Goods, Outdoor, (h h) Waste Management Facility; Hazardous & Toxic, and (ii) Wholesale Sales. CA) M SECTION 5.2: TABLE OF PERMITTED USES 5.2.1 Table of Permitted Uses — General Use Zoninq Districts TABLE OF PERMITTED USES - GENERAL USE ZONING DISTRICTS " = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R18 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS Ell 11 12 13 PID MM --.-----..-.--.0-©©©- —7 Community Farmers' Market A 1 Composting f1peration, no grinding Composting #peration, with grinding – C*il�erative Farm Stand A EAuestrian Center Farm Equipment Rental, & Sales and Service – MEM 8 It should be noted that the pre -2010 ASE work proposed that many of the ASE - related uses would also be allowed in the R -1 (Rural Residential) zoning district. Planning staff is recommending that farming - related uses not be added to the R -1 zoning district as permitted uses because the stated purpose of the R -1 zoning district is "to provide for rural non -farm residential development..." (emphasis added). Farming ventures currently located in an R -1 zoning district can apply to have property rezoned to either AR (Agricultural Residential) or ASE -CZ if there is interest in pursuing additional uses on the farmed property. 9 This is considered a bona fide farm under State Statutes and cannot be regulated with zoning so it is being recommended for deletion by staff. 10 Moved from "Commercial Uses" section Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Meat Processing Facility, Community A Meat Processing Facility, Regional -- A Non -Farm Use of Farm Equipment" R+dk4g- Stables, Commercial — B B B B B B Stockyards / Livestock Market, CHILD CARE & EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children Child Care Facilities B B B B B B B B B Libraries Non - Profit Educational Cooperative A Schools- Dance, Art & Music Schools Elementary, Middle & Secondary A A A A A A A A A A Schools- Vocational Universities, Colleges & Institutes COMMERCIAL USES Banks & Financial Institutions Beauty & Barber Shops Rural Guest Establishment: Bed & Breakfast ^ " Rural Guest Establishment: Bed & Breakfast Inn A B B Rural Guest Establishment: Country Inn A A A Country Store Drive In Theaters 11 The three "Rural Guest Establishment" types will be moved to alphabetical order within the list as well. w W OD - Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Funeral Homes -- Garden Center (91; Premises Sales r h it i nr P.o c�io��tz GFee .h. W89 (n D........- -s gales) 13 * x Hotels & Motels - Junkyards - A I A A Kennels, Class II — A B B B B B B Laundry & Dry Cleaning Services Massage, Business of Microbrewery with Minor Events A B B B B Nightclubs, Bars, Pubs Offices & Personal Services, Class 1 Offices & Personal Services, Class 2 Offices & Personal Services, Class 3 Repair Service Electronic & Appliance Restaurants: Carry Out Restaurants- Drive In Restaurants General Retail, Class 1 Retail, Class 2 - Retail, Class 3 12 This is a bona fide farm use and cannot be regulated by zoning 13 Moved to "Agricultural Uses" section TABLE OF PERMITTED USES — GENERAL USE ZONING DISTRICTS PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 8 R2 R3 R4 R5 R8 R13 LCII NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID - Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide 'rm (see Section 6.2.5) Storage of Goods, Outdoor Storage of or Warehousing: Inside Building 14 Studio (Art) Taxidermy A B Tourist Home Wholesale Trade Winery with Minor Events A B B B B EXTRACTIVE USES Extraction of Earth Products - A A A A A GOVERNMENTAL USES Governmental Facilities & Office Buildings * * * * * Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments * Military Installations (National Guard & Reserve Armory) MANUFACTURING, ASSEMBLY & PROCESSING Assembly and Packaging Operations Including Mail Order Houses, But Excluding On- Premises Retail Outlets Industrial, Heavy Industrial, Light Industrial, Medium Microbrewery, production only ^ B 14 Staff is suggesting this typographical error be corrected as part of this UDO amendment. w. co .p 0 TABLE OF PERMITTED USES - GENERAL USE ZONING DISTRICTS * = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS GENERAL USE ZONING DISTRICTS USE TYPE RB AR R18 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) E, A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Printing & Lithography IMMMMM I ..-.-----------©.---- - • • • • .... _ - - • • - - - - -.-� �-® © ©©©.-© ©- - - • - • • • • • .-..-- _- M�MMMM..---- -n.-----.©©©©©©©-©©©- • - - - . - - nnnNMM..-.------..--- 1nnnnnnnnnn=nn=n0WnnnM - - . • - • -..--.--.--©©--..©--- • - • • - --.©©©©©©-©©-_©...--- 15 Will be moved to alphabetical order within this section — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) "Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Dwelling; Two -Family Family Care Home Group Care Facility B B B B B B B B B B B B B B B Rehabilitative Care Facility Residential Hotel (Fraternities, Sororities, and Dormitories ) — A A A A A Rooming House TELECOMMUNICATIONS Telecommunication Tower — Stealth (75 feet or shorter) Telecommunication Towers (Over 75 feet and under 200 feet B B B B B B B B B B B B B B B B B B B B B Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A TEMPORARY USES Buildings, Portable B B B B B B B B B B B B B B Temporary Mobile Home (Custodial Care) B B B B B B B B B B Temporary Mobile Home (Use during construction /installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy) AUTOMOTIVE / TRANSPORTATION Bus Passenger Shelter Bus Terminals & Garages — Motor Freight Terminals — Motor Vehicle Maintenance & Repair (Body Shop) — Motor Vehicle Repair Garage -P -p N TABLE OF ■ ZONING PERMITTED USE A = CLASS ' SPECIAL USE B = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS ZONING GENERAL USE USE TYPE 01 AS El 11 12 13 PID Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Motor Vehicle Sales / Rental (New & Used) p' Motor Vehicle Services Stations Parking As Ppii;e+ple Principal Use, Surface or Structure 16 Petroleum Products: Storage & Distribution — Postal & Parcel Delivery Services UTILITIES Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B Public Utility Stations & Sub - Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants A A A A A A A A A A A A A A A A A A A A Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B Water & Sanitary Sewer Pumping Solar Array — Large Facility B B B B B B B B B B B B B B B B B B B Solar Array — Public Utility A A A A A A A A A A A A A A A A A A A WASTE MANAGEMENT Landfills (2 Acres or More) — A A A A A A A Landfills (Less Than 2 Acres) — B B B B B B B Waste Management Facility, Hazardous & Toxic — A A A MISCELLANEOUS Accessory Uses * * * * Airports, General Aviation, Heliports, S.T.O.L — A A A A A A Assembly Facility Greater Than 300 se Staff is suggesting this typographical error be corrected as part of this UDO amendment. See Section 5 14 1 5.15.1 for special standards Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Assembly Facility Less Than 300 Cemetery B B B B B B B B Church Clubs or Lodges; Social; Fraternal or Union Clubhouses Community Center B B B B B B B B B Crematoria Historic Sites Non - Residential /Mixed Use A A A Kennels, Class I Research Facility Research Lands & Installations, Non - profit Rural Heritage Museum B B B B Rural Special Events ^ Special Events (Less than 150) -P W .p 5.2.3 Table of Permitted Uses — Conditional Zonina Districts TABLE OF . USES — CONDITIONAL Z CONDITIONAL PERMITTED USE . USE TYPE .D D, NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval AGRICULTURAL USES Agricultural Processing Facility Agricultural Processing Facility, Community Agricultural Services Uses Cold Storage Facility Gemp,or, al Feeder n ,ors +'„r, n Community Farmers' Market Composting Operation, no grinding Composting Operation, with grinding Cooperative Farm Stand Equestrian Center Farm Equipment Rental, & Sales and Service Farm Supply Store Feed, coo, c+.,r2ge u or,.,.eSS „n Mill Greenhouses with kOn Premises Sales318 Meat Processing Facility, Community Meat Processing Facility, Regional Non -Farm Use of Farm Equipment R Stables, Commercial Stockyards / Livestock Markets 17 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff. 18 Moved from "Commercial Uses" section. TABLE OF PERMITTED USES —CONDITIONAL CONDITIONAL USE TYPE DISTRICTS .D NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval CHILD CARE & EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children Child Care Facilities Libraries Non - Profit Educational Cooperative Schools: Dance, Art & Music Schools: Elementary, Middle & Secondary Schools: Vocational Universities, Colleges & Institutes COMMERCIAL USES Banks & Financial Institutions Beauty & Barber Shops Rural Guest Establishment: Bed & Breakfast 19 Rural Guest Establishment: Bed & Breakfast Inn Construction (Sector 23) Contractors, Building & Trade Rural Guest Establishment: Country Inn Country Store Finance & Insurance (Sector 52) Funeral Homes Garden Center with {On Premises Sales3 r_ �onh pjq gR preMiS Sal )20 19 The three "Rural Guest Establishment" types will be moved to alphabetical order within the list as well. 20 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff. -P C1 rn NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval Greenhouses (Gin Premises Sales\ _ Hotels & Motels Insurance Carriers & Agents Junkyards Kennels, Class I Kennels, Class II Laundry & Dry Cleaning Services Management of Companies & Enterprises (Sector 53) Massage, Business of Metal Fabrication Shop Microbrewery with Minor Events Microbrewery with Major Events Nightclubs, Bars, Pubs Offices & Personal Services, Class 1 Offices & Personal Services, Class 2 Offices & Personal Services, Class 3 Professional, Scientific & Technical Services (Sector 54) Real Estate Agents & Brokers Repair Service Electronic & Appliance Restaurants- Carry Out Restaurants* Drive In Restaurants. General Retail, Class 1 Retail, Class 2 Retail, Class 3 NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval Storage of Goods, Outdoor Storage or Warehousing Inside Building Studio (Art) Taxidermy Theater, Indoor or Outdoor (including Drive -ins) Tourist Home Wholesale Trade Winery with Minor Events Winery with Major Events EXTRACTIVE USES Extraction of Earth Products GOVERNMENTAL USES Governmental Facilities & Office Buildings Governmental Protective Services (Police & Fire Stations) Rescue Volunteer Fire Departments -Squads, Military Installations (National Guard & Reserve Armory) Public Administration (Sector 92) MANUFACTURING, ASSEMBLY & PROCESSING Assembly and Packaging Operations Including Mail Order Houses, But Excluding On- Premises Retail Outlets Industrial, Heavy Industrial, Light Industrial, Medium Manufacturing (Sector 31 -33) Microbrewery, production only Pharmaceutical Products -P J 00 TABLE OF CONDITIONAL ZONING PERMITTED USE CONDITIONAL ZONING USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval Printing & Lithography Sawmills Winery, production only MEDICAL USES —AAimal Veterinary Hospitals; �r ^^r' ^ ^ ^21 Health Services- Over 10,000 Sq. Ft. Health Services: Under 10,000 Sq. Ft Hospitals Veterinary Clinic RECREATIONAL USES Arts, Entertainment & Recreation (Sector 71) Botanical Gardens & Arboretums Camp /Retreat Center Golf Driving and Practice Ranges Guest Ranch Parks, Public & Non - Profit Recreational Facilities (Non - Profit) Recreational Facilities (Profit) Golf Course Race Track (Motorized, etc.) and Go -Kart Track Facilities RESIDENTIAL USES Dwelling; Mobile Home _i 21 Will be moved to alphabetical order within this section. TABLE OF PERMITTED USES — CONDITIONAL ZONING PERMITTED USE CONDITIONAL ZONING DISTRICTS USE TYPE .D D, NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval Dwelling; Multiple Family Dwelling; Single - Family Dwelling; Two - Family Family Care Home Group Care Facility Rehabilitative Care Facility Residential Hotel (Fraternities, Sororities, and Dormitories) Rooming House TELECOMMUNICATIONS Telecommunication Tower — Stealth (75 feet or shorter) Telecommunication Towers (150 feet in height or shorter) Telecommunication Towers (greater than 150 in height) TEMPORARY USES Buildings, Portable Temporary Mobile Home (Custodial Care) Temporary Mobile Home (Use during construction /installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy TRANSPORTATION Bus Passenger Shelter Bus Terminals & Garages Motor Freight Terminals Motor Vehicle Maintenance & Repair Boil Shop) Motor Vehicle Repair Garage Motor Vehicle Sales Rental New & Used) .p cfl 0 TABLE OF PERMITTED USES - CONDITIONAL ZONING DISTRICTS PERMITTED USE CONDITIONAL USE TYPE .D D, NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval Motor Vehicle Services Stations Parking As a Principal Use, Surface or Structure Petroleum Products: Storage & Distribution Postal & Parcel Delivery Services UTILITIES Elevated Water Storage Tanks Public Utility Stations & Sub - Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants Electric, Gas, and Liquid Fuel Transmission Lines Water & Sanitary Sewer Pumping Solar Array — Large Facility Solar Array — Public Utility WASTE MANAGEMENT Landfills (2 Acres or More) Landfills (Less Than 2 Acres) Waste Management Facility; Hazardous & Toxic MISCELLANEOUS Accessory Uses Airports, General Aviation, Heliports, S.T.O.L. Assembly Facility Greater Than 300 Occupants Assembly Facility Less Than 300 Occupants Cemetery Church Clubs or Lodges; Social; Fraternal or Union Clubhouses 22 Staff is suggesting this typographical error be corrected as part of this LIDO amendment. Community Center Crematoria (4) Historic Sites Non - Residential /Mixed Use Information (Sector 51) Research Facility Research Lands & Installations, Non - profit Rural Heritage Museum Rural Special Events Cn 152 SECTION 5.3: APPLICATION OF USE STANDARDS 5.3.1 In General Section number In addition to the general standards applied to uses in each zoning district and in accordance with the Table of Permitted Uses, Sections 5.4 through 5.4 -517 establish additional standards for Lipdate specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning Districts. .2 Special Uses (A) General Standards Before any application for a Special Use Permit shall be approved* (1) The applicant shall have the burden of establishing, by competen aterial and substantial evidence, in the form of testimony, exhibits, docume s, models, plans and other materials, that the application meets the requ' ements for approval of a Special Use; and (2) The Board of County Commissioners or Board of Adjust ent shall make written findings certifying compliance with the specific rules g erning such individual ecial Use and that the use, which is listed as a Sp cial Use in the district in wh h it is proposed to be located, complies with a required regulations and stan rds including the following general conditi ns: (a) e use will maintain or promote the ublic health, safety and general we re, if located where proposed nd developed and operated acco ing to the plan as submitt ; (b) The use ill maintain or enha ce the value of contiguous property (unless the se is a public cessity, in which case the use need not maintain ore ance the lue of contiguous property); and (c) The location an har ter of the use, if developed according to the plan submitted, will be i armony with the area in which it is to be located and the use is in c m liance with the plan for the physical development of the County as mbo "ed in these regulations or in the Comprehensive Plan, or portio thereof, a opted by the Board of County Commissioners. (B) Specific Standards In addition to the gene I standards stated in Secti 5.3.2(A), the following specific standards shall be dressed by the applicant before e issuance of a Special Use Permit: (1) Metho and adequacy of provision of sewage disp al facilities, solid waste, and wate . (2) thod and adequacy of police, fire and rescue squad p tection. (3) Method and adequacy of vehicular access to the site and tra is conditions around the site. ( Other use specific standards as set forth herein. (C) Specific Standards for Class A Special Use Permits Within Hillsborough DD In addition to the general and specific standards for all Special Use Permits, the llowing standards shall be addressed by the applicant before the issuance of a Class A Sp ial Use Permit within the Hillsborough Economic Development District: (1) General Provisions There are no changes on this page. It is included to put the change on the next page into context. 5.6.3 Garden Center (A) General Standards for Evaluation (1) Outdoor display and storage of goods will be permitted. (2) Outdoor storage of bulk goods shall be located to the rear or side of the primary building and screened on three sides by an eight foot high opaque wall or fence. (3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of the zoning lot. 153 In addition to the information required by Section 2.7, the following inform ion shall be supplied as part of the application for approval of this use: (a) A description of the type facility planned, the number of occ ants, and the development schedule. (b) A site plan showing existing and proposed contours. P oposed buildings, parking, access, service, recreation, land aped and screened areas. ( Other criteria as set forth in sections 6.2.11 a 6.3. (d) A statement concerning the provision of p is services which shall include fire, police and rescue protection (2) Standard of Evaluation — (a) Adeq to parking, access and se ice areas are provided for the site. (b) Parking, rvice areas and bu' ings are adequately screened from adjacent re 'dential uses. (c) Improved recr tional fa ilities are provided for occupants (d) Other criteria as s f rth in sections 6.2.11 and 6.3. (e) Letters from publi se ice agencies attesting to the adequacy of the provision of pu is serve s such as fire, police and rescue. SECTION 5.6: STANDARDS 5.6.1 Nightclubs, Bars and Pubs (A) General Standard or Evaluation (1) Buildin for nightclubs, bars and pubs shall no e located within 200 feet of a resid ce. 5.6.2 Massage Busin s (A) Gen al Standards for Evaluation (1 Must comply with the Ordinance for the Control of Mass\Inspecto ssage Establishments (2) The submittal of construction plans for all existing and p dings housing the massage business The construction plans e oor plans and cross sections showing the proposed use of all portih bui ings. (3) For existing buildings, certification by the Orange Countnspecto hat the structure(s) complies with the North Carolina B uildin all relate construction codes 5.6.3 Garden Center (A) General Standards for Evaluation (1) Outdoor display and storage of goods will be permitted. (2) Outdoor storage of bulk goods shall be located to the rear or side of the primary building and screened on three sides by an eight foot high opaque wall or fence. (3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of the zoning lot. 153 154 (4) Land use buffers shall be provided in aGGordaRGe with the requiremeRtS Gf S£btien 6.8.23 Junkyards (A) Standards for Class A Special Use Permit (1) Submittal Requirements — In addition to the information required by Section 2.7, the following in rmation shall be supplied as part of the application for approval of this use: (a) Detailed plans and specifications for the site screening oposed. (b) Description of type and number of motorized machin s to be employed upon site. Indicate on the site plan the extent of area to b used for the storage of junked or wrecked motor vehicles (2) Stan rds for Evaluation - (a) e site shall be screened from adjac t property by a minimum of an eig t foot high solid fence or equal, interrupted except for required vehic access points. (b) No mate 'als shall be stored cl er than 50 feet to the public right of-way or 30 feet the property line . (c) Site is of ade ate size to rotect adjacent properties from adverse effects of the ju yard. 5.6.5 Kennels (Class II) (A) Standards for Class B Special se Pe it (1) Submittal Require nts — In addition to the ' formation required Section 2.7, the following information shall be suppli as part of the applicatio for approval of this use: (a) Pla for all kennels, exercise yards, dog runs, pens and related i rovements, including signage. (b) Site plan showing the improvements liste in a) above, other structures on the same lot, and structures on adjacent roperty. (2) S ndards of Evaluation — (a) The site is of adequate size to protect adjacent pro erties from adverse effects of the kennel. (b) No part of any building, structure, dog run, pen, or exerc e yard in which animals are housed or exercised shall be closer than 150 et from a property line, except property occupied by the owner /operat of the kennel. These minimum distances shall not apply if all portion of the facility, in which animals are housed, are wholly enclosed within building. 23 Staff is recommending this be removed as it is redundant with requirements of the UDO — all uses must meet the buffer requirements. Calling this out as a separate item for this particular use can cause confusion as to applicability to other uses; this is a remnant of duplicity staff attempted to catch when incorporating the previous zoning ordinance into the UDO but this instance was missed at the time. 155 Any kennel, including primary enclosures or runs, which is no holly enclosed within a building shall be enclosed by a security f ce at least six feet in height. (d) Th site plan shows parking, access areas and scr ning devices for all buil di. s and animal boarding facilities existing proposed for the property. (e) The site plans II be reviewed by the O nge County Animal Services Department, and and in conforman with the Animal Control Ordinance. (f) Building plans for all kenn f ilities shall be reviewed and approved by the Orange County Anima ices Department prior to issuance of any building permits. (g) A sign clearly visib from the ground all be posted at the main entrance to the cility and shall contain t names, addresses, and telephone n bers where persons response for the facility may be contacte t any hour of the day or night. The ' n shall comply with dimen 'onal requirements as set forth within this O .nance. (h) A ass II Kennel Permit shall be obtained from Orange ounty Animal ervices within the first 30 days of occupancy. Failure to o in and maintain a valid Class II Kennel Permit or other related permits hich maybe required by the USDA or Wildlife Resources Commission II result in revocation of the Special Use Permit. 5.6.6 Riding StableS24 (A) Standards for Class R Special Use Permit (1) Submittal Requirements — 24 Moved to Section 5.13.16. 156 5.6.7 Rural Guest Establishment: Bed & Breakfast (A) General Standards (1) Submittal Requirements (a) A site plan, prepared in accordance with the requirements of Section 2.5, containing the following- (Per Section 2.5.2 professional design and certification is not required for Rural Guest Establishments with three guestrooms or less —bed & breakfasts.) (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (ill) Boundaries of the site. (iv) Location of well and septic system. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and /or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration /rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified, showing an "existing tree line" is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. (i) Any bed & breakfast establishment that is not located on a state maintained road shall furnish a copy of the deed establishing the ingress /egress easement to the Planning Director. Such documentation shall not be limited to the easement deed, but may also include copies of road maintenance agreements as determined by the Planning Director. 157 (j) Any application for a bed & breakfast operation that does not include any changes to an existing structure, and therefore does not require a Certificate of Occupancy to begin operations, shall submit documentation from the Fire Marshal and Building Inspections Division that all areas open to the public meet state regulations. (k) Applicants requesting a full or partial waiver of the right -of -way land use buffer shall submit evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and /or property is to be enhanced through the project. (2) Standards of Evaluation (a) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (d) The site is served by direct access to a State maintained road, or has legal access to a public road by way of a recorded easement. (e) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (f) The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (g) Bed & Breakfast establishments shall be allowed in all protected watersheds, and critical areas. (h) Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Marshal and Building Inspections Division prior to issuance of any Certificates of Occupancy. (i) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. (j) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night -time glare. (k) On -site parking shall be provided in accordance with Section 6.9 of this Ordinance. 158 (1) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road -front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. 5.6.8 Rural Guest Establishment: Bed & Breakfast Inn (A) Standards for Class B Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (1) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Location of well and septic system. (iv) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and /or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration /rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an "existing tree line" is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. 159 (i) Any bed & breakfast inn that is not located on a state maintained road shall furnish a copy of the deed establishing the ingress /egress easement to the County. Such documentation shall not be limited to the easement deed, but may also include copies of road maintenance agreements as determined by the County. Q) Any application for a bed & breakfast inn operation that does not include any changes to an existing structure, and therefore does not require a Certificate of Occupancy to begin operations, shall submit documentation from the Fire Marshal and Building Inspections Division that all areas open to the public meet state regulations. (k) Applicants requesting a full or partial waiver of the right -of -way land use buffer shall submit evidence that the property is listed on the National Historic Register recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and /or property is to be enhanced through the project. (2) Standards of Evaluation (a) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (d) The site is served by direct access to a State maintained road. (e) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (f) The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (g) Bed & Breakfast Inns shall be considered commercial operations and therefore may not be allowed in all protected watersheds, and critical areas. (h) Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Marshal and Building Inspections Division prior to issuance of any Certificates of Occupancy. (i) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. Q) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night -time glare. (k) On -site parking shall be provided in accordance with Sections 6.9 of this Ordinance. 160 (1) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road -front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (n) The minimum lot size for a Bed & Breakfast Inn using a private well and septic system shall be no less than five acres. A Bed & Breakfast Inn may be permitted on lots of less than five acres if the tract is currently served by public water and sewer, subject to the review and approval of the appropriate agencies and the Staff Engineer. (3) Expiration and Re- Approval of SUP (a) The Class B Special Use Permit, if approved, shall be valid for six years, but may be renewed or re- approved by the Board of Adjustment after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (b) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (c) The Board of Adjustment shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. (d) If the Board of Adjustment does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re- approved, then the applicant may submit a new application as if it were a new use. 5.6.9 Rural Guest Establishment: Country Inn (A) Standards for Class A Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Location of well and septic system. (iv) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (Ili) Number of clients and /or occupants expected to use the facility. 161 (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration /rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an "existing tree line" is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activities conducted for compensation shall be permitted, only if there is sufficient overflow parking available on site. Overflow parking does not have to be paved or.graveled but must be on a suitable (even) surface. (i) Any application for a Country Inn that does not include any changes to an existing structure, and therefore does not require a Certificate of Occupancy to begin operations, shall submit documentation from the Fire Marshal and Building Inspections Division that all areas open to the public meet state regulations. Q) Applicants requesting a full or partial waiver of the right -of -way land use buffer shall submit evidence that the property is listed on the National Historic Register recognized by the State of North Carolina or the County of Orange as a place of historic interest. Applications incorporating historic sites shall provide a description of how the historical style and character of the building and /or property is to be enhanced through the project. (2) Standards of Evaluation (a) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities (c) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (d) The site is served by direct access to a State maintained road. (e) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). 162 (f) The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the budding except for appropriate parking facilities. Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (g) Country Inns shall be considered commercial operations and therefore may not be allowed in all protected watersheds, an critical areas. (h) Building plans for all building areas intended for public use shall be reviewed and approved by the Health Department, Fire Marshal, and Building Inspections Division prior to issuance of any Certificates of Occupancy. (i) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. Q) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night -time glare. (k) On -site parking shall be provided in accordance with Section 6.9 of this Ordinance. The Fire Marshal shall review and approve the site plan to ensure EMS and fire truck accessibility. (1) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road -front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (n) The minimum lot size for a Country Inn using a private well and septic system shall be no less than ten acres. A Country Inn may be permitted on lots of less than ten acres if the tract is currently served by public water and sewer subject to the review and approval of the appropriate agencies, and the Staff Engineer; or if the tract will receive public services as part of a larger development project such as a planned development or village flexible development. (3) Expiration and Re- Approval of SUP (a) The Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re- approved by the Board of County Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (b) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (c) The Board of County Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. 163 (d) If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re- approved, then the applicant may submit a new application as if it were a new use. 5.6.10 Microbrewery with Minor Events (A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on -site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail :25 (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (2) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. 25 This standard and requirement is consistent with a similar requirement for uses in the REDA -CZ zoning district. 240 gallons per day was used as the "cut off" because it is the average amount used by a single family residence. "Per acre" was used as the standard because most of the county is zoned to allow one dwelling unit per acre of land (although most soils in the county do not allow for this small of a lot size). PLEASE NOTE THAT THIS FOOTNOTE PERTAINS TO ALL PROPOSED USES THAT INCLUDE THIS PROPOSED REQUIREMENT. 164 5.6.11 Microb 5.6.12 (A) (A) (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on -site. The permit may specify limits to these activities. with Major Events Standards for ASE -CZ or MPD -CZ Zoning Districts (1) (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on -site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (2) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on -site but may include complementary items. Standards for Class B Special Use Permit (1) Enterprises located in an AR zoning district must be located on a bona fide farm. 5.6.13 Wi (A) 165 (2) If located adjacent to residentially zoned property, all buildings, structures, facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100 feet from the property line. with Minor Events Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on -site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (2) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on -site. The permit may specify limits to these activities. 5.6.14 Winery with Major Events (A) Standards for ASE -CZ or MPD -CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: 166 5.6.15 C (A) (a) Description of special events to be held on -site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (2) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on -site but may include complementary items. F Store General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE -CZ. (5) Parking shall not be located in the front yard space. 167 (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.7.1 \ Recreational Facilities ( General Standards of Evaluation (1) The standards included herein shall be applied to the following for rofit recreational facilities: (a) Tennis clubs, (b) Swim clubs, Racquet ball, (d) Squash clubs, (e) itch and putt courses, (f) A sement areas, (g) Bowli alleys, (h) Skating r ks, (i) Shooting ra es, 0) Billiard and poo alts, (k) Indoor athletic faci sand (1) Other similar use . (2) The minimum lot area hall be tw acres. (3) No building shall b closer than the 'nimum requirements of the district or 20 feet to the public fight of way or private roperty line, whichever is greater. (B) Standards for Class Special Use Permit (1) Submittal equirements In addi ' n to the information required by Section .7, the following information shall e supplied as part of the application for appr al of this use: ( A description of the exact type facility planned, he amount of area, including and number of members or participant expected, a site plan showing siting and size of existing and proposed b 'Iding. (b) Access, parking, service and recreation areas for all p nned facilities or existing facilities. (c) Plans, and elevation for all proposed and existing structures nd descriptions of the color and nature of all exterior materials (d) A landscape plan showing, at the same scale as the site plan, ex ting and proposed trees, shrubs, ground cover and any other landscape materials. N. H., The facility owner shall work with NCDOT to complete a traffic intersection analysis fi6r access points along any state - maintained road or highway to determine need for cess improvements such as left turn lanes or deceleration lanes. (H) The facility owner shall work with NCDOT, the State Highway Patrol, and C my officials t address traffic management issues to coordinate acceleration and dec ration lanes at proved entrance and exit points on the property during major even (I) The fa ility owner shall work with NCDOT and County officials to po proper signage on the prop y directing traffic through a one -way ingress and egres ocation. (J) A litter colle ion and recycling system shall be developed thro hout the grounds and at all points of e ess. During events facility employees shall r ove trash from the receptacles in a 'mely manner. (K) All new facilities sh I install noise abatement systems ensure compliance with applicable County not e regulations. For existing facilities, the roperty owner /manage shall provide a noise abatement system to reduce sustaine oise levels at the operty lines to the lowest practical level. To accomplish this goal, the o ners /manag s have the option of employing, either singly or in combination, any of the foil ing: (1) Requiring all competition ve i es to have functional noise mufflers attached at all times; (2) Installing a system of no' e baffle berms, or walls on the perimeter of the racetrack facility incor rated into t design and placement of any lighting system and viewing tands, and /or (3) Depressing the evation of the raceway ack surface, or (4) Some other i ovative noise abatement sys m (L) Limits on racing a ivities shall be such that no race sha extend beyond 11:00 p.m. on Friday and Satu ay nights, or beyond 9:00 p.m. on other venings. Practice activities shall not com ence before 10:00 am. on any day and shal ease by 9:00 p.m. (M) All extern lighting fixtures shall comply with Orange County Ii ting standards (Section 6.11). /(N)Nos rage of hazardous materials shall be permitted, except for race fuel and nts. Such material storage areas shall be enclosed and posted d the Orange y Fire Marshal shall approve a pollution incident prevention plan fo he storage prior to final occupancy permits. ional or accessory land uses are desired, the facility owner shall cause new site be created outlining the location and nature of the proposed new land us , demonstrating compliance with this Ordinance. (P) The County shall approve a construction schedule to complete the items listed above. 5.7.6 Guest Ranch (A) Standards for ASE -CZ Zoning District (1) Minimum lot size: 25 acres. (2) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; 5.8.1 (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (3) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (4) All structures, facilities, storage areas, and parking areas shall be located a minimum of 100 feet from all property lines. (5) Special events are not allowed unless approved in the permit and may be limited in duration, frequency, number of people in attendance, or other aspects. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. Center in a Residence (A) Submittal Requirements In addition to the information required by Section 2.4.3, the pl plan shall show the following: The location of the residence in which the Day re Center in a Residence is to be located in relation to exi ng property lines and adjacent homes; (b) T location, number, and means of cess to required off street parking area ; (c) The locate and type of requi d landscaping and /or screening; and (d) A fenced, out or play sp e. (2) A floor plan of the propose c ' d care facility, showing the use and dimensions of each room and the locati f entrances and exits. (3) Evidence that the mini m requir ents to qualify for a state Center in a Residence for 3 to 1 hildren licens have been satisfied. (B/Adequate f Evaluatio Daycar enter in a Residence is to be to ted in an area, which is free con ons dangerous to the physical and m al welfare of the children. imum requirements to qualify for a State of N h Carolina child care se are satisfied. e is direct frontage and access on a public state maintai d road. uate access to and from the site, as well as adequate space ff the road -of -way, is provided for the safe pickup and discharge of childre nd is ided in such a manner that traffic generated by the Daycare Center ' a idence is not disruptive to adjacent residentially developed properties. 169 170 (vi) Number of student parking spaces; (vii) Location of student drop off points with stacking spaces identified; (viii) Location of all proposed and future athletic fields and structures, including: a Total number of seats for spectators, and b. Location of concession stands, if any anticipated; (ix) Proposed public roadway improvements; and (x) Existing and proposed infrastructure improvements (water and sewer). (b) 26 copies of a Landscape and Tree Preservation Plan prepared in accordance with Section 6.8 of this Ordinance. (c) 26 copies of photometric plans prepared in accordance with Section 6.11 of this Ordinance. (d) Estimated water usage for structures, landscaping and athletic fields. Section reference (e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance. update t> (f) A Biological Inventory, prepared in accordance with Section 5.4517.6(A)(2)(b)of this Ordinance. (g) A Resources Management Plan, prepared in accordance with the Resources Management Plan definition in Article 10 of this Ordinance. (2) Standards of Evaluation Within Economic Development Districts (EDD) If located within an EDD, the application must meet the EDD design standards established in Article 6 of this Ordinance. (3) Standards of Evaluation in Zoning Districts other than an Economic Development Districts (EDD) If located within a zoning district other than an EDD, the applicant must meet the following Standards of Evaluation: (a) The project meets all applicable design standards and other requirements of this Ordinance. (b) The project meets all service provision criteria as set forth below: (i) Fire — identifies the primary and secondary responders and the source(s) of water. (ii) Police — identifies the primary and secondary responders. (iii) Rescue services — identifies the primary and secondary responders. (iv) Water Supply — identification of public or private utility source and capacity of water supply or identification of water source through a water resource study. (v) Wastewater Treatment Methods — provider and capacity of wastewater treatment source. (vi) Solid Waste —as specified in subsection (h) below. (c) Habitats shall be identified and evaluated in the Biological Inventory and are subject to the following: 171 SECTION 5.13: STANDARDS FOR AGRICULTURAL USES r ornmerGoal Feeder Operatio,zs (A) apnprall Standards 5.13.2 Agricultural Processing Fac (A) General Standards for Evaluation (1) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (2) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (3) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.3 Agricultural Processing Facility, Community (A) General Standards for Evaluation (1) If located in an AR zoning district, facility shall be located on the bona fide farm of one of the cooperative farm partners or must be permitted as an ASE -CZ. (2) The building shall not exceed 10,000 square feet in size. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; zs This is a bona fide agricultural use and cannot be regulated by zoning so staff is suggesting it be removed from the UDO. 172 (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (4) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (5) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. 5.13.4 Cold Storage F (A) General Standards for Evaluation (1) If located adjacent to residentially zoned property, all buildings and outdoor storage areas shall be located a minimum of 100 feet from the property line. (2) Outdoor storage areas shall be screened from the view of any adjacent residentially zoned property. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE -CZ. 5.13.5 Community Farmers' Market (A) General Standards for Evaluation (1) The minimum lot size shall be 3 acres unless permitted as an ASE -CZ. (2) If located adjacent to residentially zoned property, all buildings and vendor areas shall be located a minimum of 100 feet from the property line. 5.13.6 Composting Operation (A) General Standards for Evaluation (1) The minimum lot size shall be 10 acres unless permitted as an ASE -CZ. (2) All operations shall be located a minimum of 150 feet from all property lines. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE -CZ. (4) Outdoor storage areas shall be screened from view of adjacent properties and the road right -of -way. (5) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (6) Compost piles shall not exceed 15 feet in height. (7) Operations that include grinding shall adhere to the following: (a) Grinding shall be permitted only during the hours of 7 a.m. and 7 p.m., or as otherwise specified on the permit. (b) Grinding area shall be located a minimum of 1,000 feet from any existing dwelling unit located on adjacent properties. (c) Grinding area shall be located a minimum of 300 feet from all property lines. (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: 173 (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.13.7 Cooperative Farm Stand (A) General Standards for Evaluation (1) If located in an AR zoning district, stand shall be located on the bona fide farm of one of the cooperative farm partners. (2) In addition to the application materials required in Sections 2.5.2 and 2.4.3, the following shall also be required: (a) The number of location of participating cooperative farm partners. (b) A description of the facility, including size of structure(s) and access locations. (c) Number of employees, if any. (d) Frequency and hours of operation. (3) Sales of any products not produced on the farm(s) of one of the cooperative farm partners shall be incidental, related to, and a subordinate component of farm stand sales in scale and profit. 5.13.8 Equestrian Center (A) Standards for Class A Special Use Permit or ASE -CZ Zoning District (1) Minimum lot size: 15 acres. (2) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s) shall include sufficient space for parking and maneuvering trucks and horse trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 174 5.13.9 Farm Equipment Rental, Sales and Service (A) General Standards for Evaluation (1) Outdoor display and storage of equipment shall be permitted in the side and rear yards of the primary structure and shall be screened from view of adjacent properties. (2) Service bays shall be located at the side or rear of a structure and shall not be visible from adjacent residential property or the road right -of -way. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE -CZ. (4) Parking shall not be located in the front yard space. (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.13.10 Farm Supply Store (A) General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE -CZ. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.13.11 Feed Mill (A) General Standards for Evaluation (1) The minimum lot size shall be 3 acres, unless permitted as an ASE -CZ. (2) All structures, equipment, and outdoor storage areas shall be located a minimum of 100 feet from all property lines. 175 (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE -CZ. (4) Outdoor storage shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.13.12 Greenhouses with On Premise Sales (A) General Standards for Evaluation (1) If located in an AR zoning district, the minimum lot size shall be 3 acres, unless permitted as an ASE -CZ. (2) If located in an AR zoning district, outdoor storage shall be located in the side or rear yards and shall be setback a minimum of 100 feet from the property line. 5.13.13 Meat Processina Facilitv. Commun (A) General Standards for Evaluation (1) If located in an AR zoning district, facility shall be located on the bona fide farm of one of the cooperative farm partners. (2) The building shall not exceed 10,000 square feet in size. (3) If located adjacent to residentially zoned property, all buildings, outdoor storage areas, and animal pens shall be located a minimum of 100 feet from the property line. (4) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (5) In addition to the application materials required in Section 2.5 or 2.9, as applicable, the following shall also be required: (a) The number of location of participating cooperative farm partners. (b) Number of employees, if any. (c) Frequency and hours of operation. (d) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 176 5.13.14 Meat Processing Facility, Regional (A) Standards for Class A Special Use Permit or ASE -CZ Zoning District (1) The minimum lot size shall be 15 acres. (2) If located adjacent to residentially zoned property, all buildings, outdoor storage areas, and animal pens shall be located a minimum of 300 feet from the property line. (3) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (4) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (5) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (6) In addition to the information required by Sections 2.7 or 2.9, as applicable, application materials shall also include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.13.15 Non -Farm Use of Farm Equipment (A) General Standards for Evaluation (1) Use shall be located on a bona fide farm. (2) Equipment shall be screened from view from adjacent properties and road(s). (3) Outdoor storage of materials such as gravel, dirt, or plants shall be limited in both area and duration. (4) On -site retail sales shall not be permitted. 5.13.16 Rid+nci Stables. Commercia127 (A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning Districts (1) Submittal Requirements — In addition to the information required by Sections 2 7 or 2.9, as applicable, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all barns, boarding facilities, exercise yards, riding arenas, and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. 27 Language shown in black text (existing) is proposed to be moved from existing Section 5.6.6. 177 (c) A comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. (2) Standards of Evaluation — (a) The to „ of adequate sizeze to preteGt adjaGen+ properties from adverse eff9GtS of the r diR9 stable. Minimum lot size: 5 acres for up to 10 horses, increasing by 1/2 acre for each horse over 10. (b) No part of any building, structure, exercise yard, or riding arena, in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner /operator of the facility. These minimum distances shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (c) The site plan shows parking, access areas and screening devices for buildings, riding arenas, and boarding facilities. (d) A sign clearly visible from the ground shall be posted at the main entrance to the facility and shall contain the names, addresses, and telephone numbers where persons responsible for the facility may be contacted at any hour of the day or night. The sign shall comply with dimensional requirements as set forth within this Ordinance. 5.13.17 Stockyards / Livestock Markets (A) General Standards for Evaluation (1) The minimum lot size shall be 10 acres. (2) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s) shall include sufficient space for parking and maneuvering trucks and stock trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) If located adjacent to residentially zoned property, all animal pens shall be located a minimum of 300 feet from the property line. (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: 178 (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.14.1 Metal Fabrication Shop (A) Standards for ASE -CZ Zoning District (1) Facility must be located on a bona fide farm. (2) Minimum lot size: 3 acres. (3) Maximum building size: 3,000 square feet. (4) If located adjacent to residentially zoned property, all buildings and operations must be located a minimum of 200 feet from the property line. 5.14.2 Microbrewery, production only (A) Standards for Class B Special Use Permit or ASE -CZ Zoning District (1) If located in an AR zoning district, the microbrewery must be located on a bona fide farm. (a) A microbrewery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on -site is considered a bona fide farming use and is not subject to zoning regulations. (b) A microbrewery, production only, that does not utilize primarily crops produced on -site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.14.3 Sawmills (A) General Standards for Evaluation and ASE -CZ Zoning District (1) Minimum lot size: 5 acres. 28 New section will require subsequent sections in Article 5 to be renumbered. 179 (2) All structures, equipment, and storage shall be located a minimum of 100 feet from the property line. (3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m. (4) Site shall have direct access to major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. 5.14.4 Winery, production only (A) Standards for Class B Special Use Permit or ASE -CZ Zoning District (1) If located in an AR zoning district, the winery must be located on a bona fide farm. (a) A winery, production only, that is located on a bona fide farm, and which utilizes primarily crops produced on -site is considered a bona fide farming use and is not subject to zoning regulations. (b) A winery, production only, that does not utilize primarily crops produced on -site, regardless of whether it is located on a bona fide farm, is not considered a bona fide farming use and is subject to the regulations contained in this Ordinance. (2) If located adjacent to residentially zoned property, all buildings shall be located a minimum of 100 feet from the property line. (3) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gallons of groundwater per day per acre of lot area. Said study shall detail: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis; (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use will be affected by withdrawals made by the proposed use. 5.15.1 Motor Vehicle Sales / I (New & Used) in the NC -2 g District (A) Standards for the NC -2 Zoni istn (1) This use shall onl ermitted wi ' he Commercial Transition Activity or Commercia - ustrial Transition Activity and use classifications, as des' ed on the Land Use Element Map of the a d Comprehensive Plan. The site shall have direct access onto a State maintained roa (3) A maximum of 12 cars may be stored or displayed on -site. SECTION 5.16: 5.16.1 Veterinary Clinic (A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning District (1) In the AR zoning district, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall IM be located a minimum of 100 feet from the property line. 5.16.2 Veterinary Clinic. mobile (A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning District (1) In the AR and R -1 zoning districts, this use is intended to be located on the same property as the operator's residence. The mobile clinic shall be parked to the side or rear of the residence, not in front of the residence, unless permitted otherwise in the permit. (2) For all zoning districts in which this use is permitted, observation shelters for up to three large or small animals shall be considered an accessory use. The permit may specify a greater number of observation shelters and may limit the maximum number of days an individual animal may be observed. (3) If adjacent to residentially zoned property, all mobile clinic operations shall be located a minimum of 100 feet from the property line. (4) Veterinary services whereby the public brings their animal to the mobile clinic location shall not be permitted, unless specifically permitted in the permit. 5.16.3 Veterinary Hospital (A) Standards for ASE -CZ Zoning District (1) In the ASE -CZ zoning district, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. 5.17.1 C (A) mineral Standards (1) Churches are required to provide setbacks in residential d' ricts; the minimum s'19.all be as follows: Front 45 Side 50 Rear 50 5.17.2 Community Center (A) Standards for Class "pecial Use Permit (1) Submitt4kkequirements Ina ition to the information required by Section 2. e following information all be supplied as part of the application for approval his use - (a) A description of the exact type of facility planned, the ' e of the building, the number of participants; a signed statement from the ners or operators that the facility will be operated by a non - profit org ization. (b) A site plan showing the location of the existing and proposed buil ' s, access points, parking, service areas, and outdoor recreation areas. 181 (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and /or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration /rehabilitation proposed. Description of how the historical style and character of the building and /or property is to be enhanced. (d) Landscape and tree preservation plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) Evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina as places of historic interest. (h) The proposed development schedule for the site. 2) Standards of Evaluation Section reference (a) The site plan submitted meets all requirements specified in sections 2.7 update => and 5.&.4417.4(A)(1). (b) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in. the location proposed given character of surrounding development. The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. (c) Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (d) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (e) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (f) The site is served by direct access to a State maintained road. (g) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (3) Expiration and Renewals (a) This Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re- approved by the Board of Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. 182 (ii) A specific statement of the goals and objectives, i.e., exactly what steps will be taken to compensate for lost habitat, etc.; (iii) Detailed descriptions in the form of grading plans, construction plans, and planting plans to illustrate how the objectives will be carried out; (iv) A monitoring and maintenance plan to measure success of the mitigation based on stated objectives. Include a list of parties responsible for monitoring and maintenance, a schedule for each, and how results will be reported to the Planning and Inspections Department; (v) A plan showing how the site will be protected from impacts by human and unwanted animal intrusion, alternate plant species and construction methods that could be used in the event adjustments or substitutions are needed until the mitigation area is established; and (vi) A financial guarantee is required for the total cost of the mitigation project. Once the installation is complete, 30% of the amount of the letter of credit or escrow will be held for 12 months or until the site is established, whichever is greater. (d) Traffic Study (1) A traffic impact study is required with all applications for the following: a Subdivisions with more than 40 lots outside of transition areas, and b. Subdivisions with more than 80 lots within transition areas. (ii) , The study shall include an analysis of the need for public road improvements, including pedestrian- oriented enhancements, for on -site and off -site improvements as said improvements relate to the level of service impacted by the development (iii) The traffic impact study shall be prepared in accordance with the requirements of Section 6.17. (3) Standards of Evaluation (a) The project meets all applicable design standards and other requirements of this Ordinance. (b) The project meets all service provision criteria as set forth below: (i) Fire — identifies the primary and secondary responders and the source(s) of water. (ii) Police — identifies the primary and secondary responders. (iii) Rescue services — identifies the primary and secondary responders. (iv) Water Supply — source and capacity of water supply. (v) Wastewater Treatment Methods — provider and capacity of Section reference wastewater treatment source. update (c) Habitats shall be identified and evaluated in the biological inventory required by Section 5.4- 517.6(A)(2)(b)and are subject to the following: 183 (i) to improvements such as roads, utilities (inclu irrigation and dra e structures), habitat enhanceme recreational amenities, sig landscaping, ope ace, etc. will be maintained in functio d app nce (ii) Maintenance specific ns, if for on -going site management (including pro ' ' ns for handling of s debris in open space areas) be submitted as part of the Res es Management P and incorporated into Homeowners' Associati documents. 5.17.7 Rural Heritage Museum (A) Standards for Class B Special Use Permit or ASE -CZ Zoning District (1) If located adjacent to residentially zoned property, all buildings, facilities, and parking areas shall be located a minimum of 100 feet from the property line. (2) The maximum building size in an AR zoning district shall be 5,000 square feet. 5.17.8 Rural Special Events (A) General Standards for Evaluation or ASE -CZ or MPD -CZ Zoning Districts (1) Must be located on a bona fide farm. (2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on -site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of parking area(s). (c) A map depicting surrounding uses and the distance to residential structures. (3) The temporary or seasonal commercial activities that comprise the special event must pertain to agricultural or rural - related activities. (4) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (5) Events permitted by right in the AR and AS zoning districts shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. Events exceeding these limits must be approved as an ASE -CZ or MPD- CZ. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (8) Food services are not allowed unless approved in the permit. (9) Documentation shall be submitted from the Fire Marshal and Building Inspections Department stating that all areas open to the public meet state regulations. 184 (1) Minimum lot area, lot width, and setback requirements as specified in A e 3 of this Ordinance may be reduced for lots created as part of a Flexible velopment subdivision as provided in Section 7.13 of this Ordinance. (C) Flag L (1) Flag is as defined in Article 10 are accommodated as provided in Section 7.7 of thi Ordinance. 6.2.3 Cluste (A) UNIV -CA & UNIV — PW Water ed Prote 'on Overlay Districts (1) Clustering of residential lots ermitted in accordance with Section 7.12 of this Ordinance. (2) Each lot shall Z ' a minimum of o acre (B) All Other Overlay Di Clustering of res' ential lots is permitted in accordance wi Section 7 13 of this Ordinance. 6.2.4 Irreaular Any irr plblar lot of record at the time these regulations became effective may be subdivided in co ,p4iance with applicable subdivision regulations and improvement requirements, to cmqte dditional regular lots, provided that such lots meet all requirements of the district and that n residual substandard lots remain as a result of such action. 6.2.5 Principal Uses There shall be no more than one principal use on any zoning lot except where: (A) Permitted as a CU District or CZ District; or (B) The parcel is located within an Economic Development District, Commercial Transition Activity Node, Commercial - Industrial Transition Activity Node, Rural Neighborhood Activity Node, or Rural Community Activity Node, as designated by the Comprehensive Plan; or (C) The parcel is less than 2 acres in size, and non - residential multiple uses are proposed within a single principal structure; or (D) One of the uses is an unstaffed telecommunications tower subject to a year -to -year or other short term lease; or (E) The use(s) is /are marked with ^ in the Table of Permitted Uses (Section 5.2.1) and is /are located on a bona fide farm. 6.2.6 Principal Structures (A) Residential (1) There shall be no more than one principal structure permitted on any residential zoning lot, with the exception of the following: (a) Multi- family developments which have received approval as a CU District or CZ District, or (b) Temporary use of mobile homes for custodial care approved in accordance with the provisions of Section 5.4.4(8), or (c) During the installation or construction of a permanent unit on the same lot, as provided in Section 5 4.4 of this Ordinance, or 185 (d) Duplexes, on lots that have twice the required lot area of the zoning district. (B) Non - Residential (1) There shall be no more than one principal structure permitted by right on any non - residential zoning lot greater than two acres in size, unless - (a) pPermitted as a CU District or CZ District, or (b) Me zoning lot is located within an Economic Development District, Commercial Transition Activity Node, Commercial - Industrial Transition Activity Node, Rural Neighborhood Activity Node, or Rural Community Activity Node, as designated by the Comprehensive Plan...; or (c) The structure(s) is /are located on a bona fide farm and is /are utilized for a use(s) that is /are marked with ^ in the Table of Permitted Uses (Section 5.2.1). Corner Lot Setback on the Side Street ny corner lot of record in a residential zoning district abutting a side street shall m9of the mi 'mum required setbacks of the zoning district in which it is located; provided, Vwever, that this r uirement does not reduce the width of area suitable for building to less Van 25 feet Figure '&,,2.7: Corner Lot Setbacks on Side Street Vl e-t (D (D 6.2.8 Additional Districts Buildable Area i ! Front Yard Se j Side Yard Setback a a n m 0 t J J d lNn CL _n e -- 1F Front Y Setback Side Street Required in for Non - Residential Lots Abutting 'Residential Zoning In all non esidential zoning districts, except 1 -1, 1 -2, 1 -3, and El, required side a rear setbacks adjace to residentially zoned land, shall be equal to the required side or rear set ck of the adj ent residential district. 6.2.9 /Permitted Projections Into Required Open Space (A) Certain architectural features, such as cornices, eaves and gutters, may project into th required open space as follows: HRO following general provisions are applicable to MPD -CZ applications and its ted use, special use, accessory use, and conditional use in Economic =lo ent Districts: (1) All es and activities must provide secure, safe, and sanita facilities for the storage nd pickup of solid waste and recyclables. Suc acilities must be convenien collection and must be appropriate tot type and size of use or activity being rved. (2) All solid waste and cyclables storage facili ' s must be screened in accordance with Sections 6.4 and . . of this Ordina (3) All uses and activities must ove cyclable materials from the solid waste generated and make them avai e for recycling. Recyclable materials, coZa of glass, metal ca , pla 'c containers, corrugated cardboard and wh paper, news ers, and m or oil, must not be mixed with or disf with other lid waste. (4) All d activ' 'es shall remove or cause to removed all solid wastes from thro rty before harborage of such wast reates a health hazard. (5) Ear Plan and site plan must be accompanied b Solid Waste M nt Plan, including a recycling plan and a plan for e management of c n and land clearing debris. The recycling plan must ovide nformation regarding the type and quantity of recyclable materials enerated each month, and the facilities to be provided for collection and storage. Management plans for construction and land clearing debris must identify e type and quantity of debris as well as its disposal location. 6.4.10 Service & Outdoor (A) General Standards (1) Building service and loading areas must be conveniently located and accessible for normal service and maintenance needs, including the provision of adequate turning radii and parking areas for service vehicles. Such areas are to be located at the side or rear of the principal building(s), and designed so that all service and loading operations occur within the confines of the building site. (2) Outdoor storage shall be located only to the side and rear of a building. No outdoor storage is permitted to the front of a building. (3) If located adjacent to residentially zoned property, outside storage areas shall be screened from view of the residentially zoned property and shall be located a minimum of 100 feet from the property line.29 (B) Additional Standards in Economic Development Districts (1) Exterior storage for materials, supplies, and equipment may only be located at the side or rear of a building and only in totally enclosed screened areas. Exterior storage areas must never be located to the front of any building unless screened from view through the use of fencing, walls and /or landscaping, in accordance with Section 6.8 of this Ordinance. 29 While not only related to ASE uses, staff is suggesting the language regarding outdoor storage be included at this time because it is a direction Orange County has been going for several years in regards to outdoor storage areas. Staff is specifically noting that including the language in this section will make it apply in all commercial, industrial, economic development, and conditional districts (See 6.4.1(B)). If not included as part of this amendment package, additional standards (Article 5) may need to be added for some uses. 187 (2) The Planning Director may co oni or the health and status of the P Dina, 6.8.6 Land Use Buffers (A) Purpose Land use buffers are intended to screen and buffer lower intensity /density uses from incompatible higher intensity /density land uses. Buffers reduce adverse visual effects, as well as noise, dust, and odor. (B) Applicability Land use buffers will be required based on the zoning district of the proposed use and the zoning district of the adjacent uses. (C) Location (1) Required land use buffers shall be located along the interior or street lot lines nearest the adjacent streets, land uses and /or zoning designations. Buffers shall not be located on any portion of an existing or proposed street right of way, drainage or utility easement. (2) No building or structure of any type shall be erected, constructed or installed in a required land use buffer. (D) Land Use Buffer Table (E) Natural Buffers 30 The AS zoning district does not currently appear on this chart. Staff is suggesting the AS zoning district be added to the chart to require that property zoned AS is also required to provide a buffer. TABLE 6.8.6.D: LAND USE BUFFERS Cl) to Cl) ZONING N OR USE J OF ADJACENT W PROPERTIES 0 M Q F w Q Q' N Ti 00 _ cli (� Z 0 V C7 M V V N _ W w a co W i Q W Q ix O W J 0 O a r LL -J j U U U' Q Q eoo ©� 00000 = • :: � oeo �©°■o ©000 - 000a�000 ©000 = voova ©v ©vo ©v - ©000 000© = 00 © © ©O 000© = 00 0 ©0 00 N v � vv � v ©000 (E) Natural Buffers 30 The AS zoning district does not currently appear on this chart. Staff is suggesting the AS zoning district be added to the chart to require that property zoned AS is also required to provide a buffer. 1 8 No changes are proposed on this page; it is included so the buffer table would be readily available. (1) If there is existing, healthy, natural vegetation in the area of a required buffer, it must be preserved. If the vegetation is removed for any reason, other than in accordance with an approved landscape and tree preservation plan, the dimensions of the buffer shall be increased 50% and the number of required plantings shall be increased 50 %. (2) The critical root zones of trees within the buffer must be protected if the applicant seeks credit for preservation of existing trees. For example, if a required buffer has a dimensional width of 30 feet, and the critical root zone extends beyond the 30 feet, the buffer will be extended to the edge of the critical root zone in the area around the tree. (3) If necessary, a natural buffer will be supplemented with additional plantings in order to meet the Constructed Buffers standards established herein. (F) Constructed Buffers (1) If existing plantings are not sufficient to meet the buffer standards established in this Section, additional plantings shall be installed. . (2) The plant units listed below will be considered comparable, and therefore interchangeable, as set forth below. (3) Option 2, Deciduous, shall not be permitted when the proposed use is non- residential and is proposed next to a residential district or use, unless employed with a wall, as set forth herein. TABLE 6.8.6.F: BUFFER TYPES BUFFER MINIMUM OPTION 1 OPTION 2 OPTION 3 OPTION 4 TYPE WIDTH MIXED OVERHEAD DECIDUOUS Plant Material Required Per 100 Linear Feet 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous A 20 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous B 30 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 3 Canopy Tree 3 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 1 Evergreen Tree 4Evergreen Tree 0 Evergreen Tree 2 Deciduous 2 Deciduous 0 Deciduous 7 Deciduous C 40 Understory Understory Understory Understory 5 Evergreen 5 Evergreen 9 Evergreen 5 Evergreen Understory Understory Understory Understory 40 Shrubs Tree 40 Shrubs Tree 38 Shrubs Tree 30 Shrubs Tree 6 Canopy Tree 7 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 7 Evergreen Tree 0 Evergreen Tree 4 Deciduous 10 Deciduous 0 Deciduous 12 Deciduous D 50 Understory Understory Understory Understory 9 Evergreen 0 Evergreen 16 Evergreen 9 Evergreen Understory Understory Understory Understory 70 Shrubs Tree 67 Shrubs Tree 68 Shrubs Tree 53 Shrubs Tree :• TABLE 6.8.6.F: BUFFER TYPES BUFFER MINIMUM OPTION 1 OPTION 2 OPTION 3 OPTION TYPE WIDTH MIXED DECIDUOUS EVERGREEN OVERHEAD UTILITY Plant Material Required Per 100 Linear Feet 6 Canopy Tree 8 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 8 Evergreen Tree 0 Evergreen Tree 4 Deciduous 11 Deciduous 0 Deciduous 13 Deciduous E 75 Understory Understory Understory Understory 10 Evergreen 0 Evergreen 17 Evergreen 10 Evergreen Understory Understory Understory Understory 77 Shrubs Tree 73 Shrubs Tree 74 Shrubs Tree 58 Shrubs Tree 7 Canopy Tree 10 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 10 Evergreen Tree 0 Evergreen Tree 5 Deciduous 13 Deciduous 0 Deciduous 16 Deciduous F 100 Understory Understory Understory Understory 12 Evergreen 0 Evergreen 20 Evergreen 12 Evergreen Understory Understory Understory Understory 85 Shrubs Tree 80 Shrubs Tree 83 Shrubs Tree 65 Shrubs Tree 6.M Plantinq Requirements ( Street Trees Street trees shall be required at the rate of one canopy tree an ne Understory, either deciduous or evergreen, tree for every 65 feet of stre frontage along e ' ting and proposed public and private streets, not in ding alleys. (2) To en h e the natural appearance in the rural a s of the County, canopy and under story es shall be planted, and clusteri is encouraged. However, there must be at leas e tree every 100 feet o reet frontage. (3) In all developments su ' ct to the pr isions of this section, the developer shall either retain or plant trees i in e front yard setback along all existing and proposed street frontages, p ' and private, except for alleys. (4) If a conflict exists with lic utilities, mate plantings consisting of a greater number of underst trees will be permitt (5) Street trees II be of a species included on the tanning Director's list of acceptab street tree species. (B) Between L lantings (1) here a land use buffer is not required, a landscape area ten fee width exclusive of drainage and /or utility easements shall be provided along interior side and rear lot lines of each lot being developed. If there are no existing es, the developer shall provide a minimum of one tree per one thousand square fe of land contained within the ten foot landscape area 190 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS AGRICULTURAL USES Agricultural Processing Facility One space per employee plus one space per 200 square feet of any accessory retail sales area Agricultural Processing Facility, Community One space per employee plus one space per 200 square feet of any accessory retail sales area Agricultural Service Uses One space per 400 square feet of gross floor area Cold Storage Facility One space per employee Community Farmers' Market One space per 200 square feet of gross floor /selling area or a minimum of fives aces, whichever is greater Composting Operation One space per employee Cooperative Farm Stand One space per 200 square feet of gross floor /selling area or a minimum of fives aces, whichever is greater Equestrian Center One space per horse stall plus one space per employee plus one s ace er 4 spectator seats Farm Equipment Rental,,& Sales and Service One space per 400 square feet of gross floor area Farm Supply Store One space per 300 square feet of gross floor area Feed, court Storage and or„r.oSSIR . Mill One space per employee on shift of maximum employment Gernmern-ia-I Feeder Opera shift of maxim, m nleyment GRe spaGe per employee on Greenhouses with (On Premises Sales) One space per 400 square feet of gross floor area Meat Processing Facility One space per employee Stables, Commercial One space per three horses (or other equine) kept on site Stockyards / Livestock Markets CHILD CARE Child Care Facilities One space per employee plus one space per 4 spectator seats OR one space per employee plus one space per 50 square feet of event area, whichever is reater . EDUCATIONAL One space per staff member and one space per five children Daycare Center in a Residence One space per staff member and one space per five children Schools* Elementary, Middle & Secondary One space per staff member One space per staff member and Ones ace er four students Schools: Vocational One space per two students Schools: Dance, Art & Music One space per four students Universities, Colleges and Institutes One space per three students at design capacity of building(s) Libraries Adult Uses One space per four seats COMMERCIAL USES One space per 200 square feet of gross floor area Banks & Financial Institutions One space per 200 square feet of gross floor area, plus five stacking spaces per drive -in window Beauty & Barber Shops One space per 200 square feet Country Store One space per 300 square feet of gross floor area Drive -In Theaters no requirement Funeral Homes One space per four seats Garden Center with On Premise Sales One space per 300 square feet of gross floor area Greenhouses On Dromt000 Cnlos) n shift of m omf"•"J �n �.. shift employment (Ale pin, vrR ., h.: ., �. �,vr .. . .................. G-roonho s- s /nn Premises S los\ One .,no or 400 square foot of gross floor o .°.N....... rte. .�� � ........... .. ...... ... y....... ....... area Hotels, Motels, Motor Lodges One space per lodging unit, plus one space per employee 191 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Junkyards One space per employee on shift of maximum employment Kennels /Riding Stables One space per four pens or stalls Laundry & Dry Cleaning Services One space per 300 square feet of gross floor area Metal Fabrication Shop One space per employee Microbrewery with Minor Events One space per employee plus one space per 300 square feet of retails ace ones ace per 50 square feet of event area Microbrewery with Major Events One space per employee plus one space per 300 square feet of retails ace ones ace per 50 square feet of event area Night Clubs, Bars, Pubs One space per four seats Offices and Personal Services, Class 1 One space per 300 square feet of gross floor area Offices and Personal Services, Class 2 One space per 300 square feet of gross floor area Offices and Personal Services, Class 3 One space per 300 square feet of gross floor area Repair Services. Electronic & Appliance One space per 300 square feet of gross floor area Restaurants: Carry Out 15 spaces plus one space per 50 square feet of gross floor area Restaurants- Drive -In 15 spaces, plus one space per 50 square feet of gross floor area Restaurants: General One space per four seats or one space for every 50 feet of floor area for public use, whichever is greater Retail trade, Class 1 One space per 300 square feet of gross floor area Retail trade, Class 2 One space per 300 square feet of gross floor area Retail trade, Class 3 One space per 200 square feet of gross floor area Rural Guest Establishments Bed & One space per guest room, plus one space per employee, plus two Breakfast spaces for the residence Rural Guest Establishments: Bed & One space per guest room, plus one space per employee, plus two Breakfast Inn spaces for the residence One space per guest room, plus one space per employee, plus one Rural Guest Establishments: Country Inn space for every four seats in the restaurant, plus two spaces for the residence (if applicable) Storage & Warehouse Inside Building One space per employee Storage of Goods: Outdoor One space per employee Taxidermy One space per 400 square feet of gross floor area Tourist Home One space per lodging unit Wholesale Sales One space per employee on shift of maximum employment Winery with Minor Events One space per employee plus one space per 300 square feet of retails ace ones ace per 50 square feet of event area Winery with Major Events One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area Extraction of Earth Products EXTRACTIVE USES no requirement Governmental Protective Services GOVERNMENTAL USE One space per employee on the shift of maximum employment Police and Fire Stations no requirement Military Installations no requirement (National Guard & Reserve Armory) MANUFACTURING, ASSEMBLY & PROCESSING Industrial, Light One space per employee on the shift of maximum employment Industrial, Medium One space per employee on the shift of maximum employment 192 REQUIREMENTS TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING Industrial, Heavy One space per employee on the shift of maximum employment Metal Fabrication Shop One space per employee Microbrewery, production only One space per employee Printing and Lithography One space per employee Sawmills One space per employee Winery, production only Aa+raal Veterinary Hospital, ` -E '° One space per employee MEDICAL USES One space per 200 square feet of gross floor area Health Services; Under 10,000 Square Feet One space per 300 square feet of gross floor area Health Services, Over 10,000 Square Feet One space per 200 square feet of gross floor area Hospitals One space per 4 four beds Veterinary Clinic One space per employee plus one space per 300 square feet of ross floor area Veterinary Clinic, mobile Amusement Areas One space per employee RECREATIONAL One space per 50 square feet Athletic Field Ten spaces per field Basketball Court Five spaces per court Billiard or Pool Hall Two spaces per table Botanical Gardens & Arboretums Two spaces per acre Bowling Establishment Three spaces per lane Camp / Retreat Center Five spaces for first two acres of recreation space and one space for each additional acre thereafter Golf Courses Two spaces per tee Guest Ranch One space per guest room, plus one space per employee. Additional parking may be required based on facilities and uses proposed. Health Exercise Facility One space per 50 square feet Pitch and Putt Courses Two spaces per tee Shooting Ranges One space per target area Skating Rink One space per 200 square feet Subdivisions - Private Recreational Facilities Dedicated Recreational Land Five off - street parking spaces for first two acres of each recreational site plus one space for each additional acre thereafter Swimming Pool One space for every five patrons, based on maximum design capacity Soccer Fields, Ball Fields Eight spaces per acre Tennis, Handball, Racquet Ball Courts Two spaces per court Basketball Courts Five spaces per court Picnic Shelter Area One space for every ten patrons, based on maximum design capacity Swimming Pool One space per 140 square feet Tennis, squash, Handball or Racquet Ball Court Dwelling, Multi- family: Two spaces for every court RESIDENTIAL One space per dwelling unit 193 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Efficiency One and one -half space per dwelling unit One bedroom Two spaces per dwelling unit Two bedroom Dwelling, Single Family One space per dwelling unit Dwelling, Two Family One space per dwelling unit Family Care Facilities One space per three residents, One space per employee on the shift of maximum employment Group Care Facilities One space per two beds; One space per employee on shift of the maximum employment Membership Lodges (Sororities and One space per lodging resident member fraternities) Mobile Homes One space per unit Rehabilitative Care Facility One space per two beds; Ones ace per staff member Rooming House One space per lodging unit Buildings, Portable TEMPORARYUSES See appropriate uses Bus Passenger Shelters TRANSPORTATION no requirement Bus Terminals and Garages no requirement Motor Freight Terminals One space per employee Motor Vehicle Maintenance & Repair (Body One space per each service bay and mechanic Shop) Motor Vehicle Sales Rental (New and Used) One space per 400 square feet of gross floor area Motor Vehicles Service Stations One space per each service bay and mechanic Parking as Principle Use Surface or no requirement Structure Petroleum Products. Storage and One space per employee Distribution Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one space per 800 square feet of gross floor area Public Utility Stations & Substations, Pumping Stations, Switching Stations, no requirement Telephone Exchanges Radio & Television Transmitting & Receiving Towers, Water Treatment & Sanitary no requirement Sewage Treatment Plants, Elevated Water Storage Tanks Transmission Lines no requirement Landfills (2 acres or more) WASTE MANAGEMENT no requirement Waste Management Facility, Hazardous and One space per employee on shift of maximum employment Toxic Airport General Aviation MISCELLANEOUS One space per four air vehicles Assembly Facility Greater than 300 One space per two seats Assembly Facility Less than 300 One space per two seats Cemetery no requirement 194 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Church One space per four seats Clubs or Lodges, Social One space per three members Community Center One space per 400 square feet of gross floor area Crematoria One space per employee Research Facility One space per employee Research Lands & Installations , Non - Profit no requirement Rural Heritage Museum One space per 400 square feet of gross floor area Rural Special Events One space per employee plus one space for 50 square feet of event area 6." Determination For Unlisted Uses Planning Director shall make a determination of the minimum required off - street ing space or uses not specifically listed in this Section. In reaching the determinati ,the Planning Director m consider the following: (1) uirements for similar uses, (2) The nu er and kind of vehicles likely to be attr ed to the proposed use, and (3) Studies of the king requirements of su uses in other jurisdictions. 6.9.9 Fractional Results When the number of parking spaces requir is Section results in a fractional space, any fraction of less than one -half may be di garded; a ction of one -half or more shall be counted as one parking space. 6.9.10 Off - Street Parking Desig tandards (A) Standard P ing Spaces (1) ach parking space shall have a minimum area of 180 square t and have a minimum width of 9 feet. (2) Wheel stops or curbs may be required to prevent encroachment on pedes ' n ways and /or landscaping. 195 DEFINITIONS Related to Agricultural Support Enterprises In an effort to minimize the number of pages for the amendment package, relevant definitions have been extracted from the UDO and proposed new definitions are listed as a group. After approval, the definitions will be inserted alphabetically into Article 10 of the UDO. Revised Definitions of Existing Terms: Cnmrnprnial Feeder Opera ien' An inttznsavp ;;n4m;;' rAiGiRg eperatiOR that takes p1aGL_9 wethip a building Nene of the feed is pred-ned An the tFaGt and the n s fully n aFtly a temate Stable, Commercial ensure the Gen+in, „ ,G Gyro of the animals Lon+ „n An establishment for boarding, breeding, training or raising of horses, ponies, mules, and /or donkeys for a fee; and /or rental of horses, ponies, mules, and /or donkeys for riding, driving, and /or instruction. Exercise rings shall be considered accessory uses to a commercial stable. Smaller scale events, such as horse shows expected to generate less than 80 traffic trips per day, may be held no more often than once per month. The operator of a commercial stable may reside on the property to ensure the continuous care of animals kept on the site. Proaosed Definitions for New Terms Agricultural Processing Facility, Community A facility utilized for the processing of produce and /or other commodities produced by no more than 5 cooperative farm partners for the consumption of others (e.g. small canning operation); Activities shall include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw produce but does not include processing of live animals (see Meat Processing Facility). May include accessory retail sales of products processed on -site. Agricultural Processing Facility A facility utilized for the processing and packaging of produce and /or other commodities for transport to off -site wholesale or retail establishments. Facilities may be utilized by farm -based producers, restaurateurs, caterers, food entrepreneurs, and the like. Activities shall include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw produce.prior to shipment but does not include processing of live animals (see Meat Processing Facility). May include accessory retail sales of products processed on -site. Agritourism A business directly related or incidental to agricultural activities occurring on the bona fide farm on which it is located and conducted for the enjoyment or education of the public. Cold Storage Facility 1 This is considered a bona fide farm operation under State Statutes and cannot be regulated with zoning so staff is suggesting it be deleted from the UDO. iU A facility used to warehouse perishable foods and products prior to transport Community Farmers' Market An enclosed or open -air facility for the retail sale of locally produced vegetables, flowers, meats, commodities, plants, crafts, etc. For the purpose of this definition, "local' means Orange County and counties that share a border with Orange County. Composting Operation A facility designed and used for transforming food, yard waste and other organic material into soil or fertilizer through biological decomposition. This does not include backyard composting bins serving individual families. Cooperative Farm Partner A local farmer or producer of agricultural products who forms a business arrangement with other local farmers and /or producers to collectively process, market, and /or sell agricultural goods. For the purpose of this definition, "local' means Orange County and counties that share a border with Orange County. Cooperative Farm Stand An open -air facility, located on a bona fide farm, for the retail sale of produce, agricultural products, and/ or plants produced on -site and from not more than 4 other cooperative farm partners. Country Store An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of merchandise, which must include locally produced products. For the purpose of this definition, "local' means Orange County and counties that share a border with Orange County. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse /mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Farm Equipment, Non -Farm Use of Commercial use of the farm equipment owned /leased by, and stored on, a bona fide farm non - farming activities away from the bona fide farm. Examples include grading services and landscaping services. Farm Equipment Rental, Sales and Service An establishment engaged in the rental, sales, service, and /or repair of construction or farm equipment, including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other large, heavy -duty types of equipment used in the construction or farming industries but not including horse trailers, trucks, or other vehicles designed for use on public roads. Farm Supply Store An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products, and the like may be an ancillary activity. Feed Mill A building with machinery and apparatus for grinding and /or bagging grain. Guest Ranch 197 A rural lodge providing overnight accommodations for transient guests seeking a vacation experience characteristic to that of a rural ranch; onsite facilities may include lodge or cabin accommodations, dining facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing holes and swimming facilities. Meat Processing Facility, Community A smaller scale facility, located on a bona fide farm, where livestock or wildlife is slaughtered, processed, and packaged for personal consumption and /or wholesale or retail sale. The livestock must be raised on the subject farm and from 1 to 4 other cooperative farm partners. Meat Processing Facility, Regional A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for wholesale or retail sale. Metal Fabrication Shop A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale. Microbrewery, production only A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm and using primarily crops produced on -site. Microbrewery with Minor Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or off -site with limited hours for tours of the facility and tastings of the products produced on -site, and small periodic events that are expected to attract fewer than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Microbrewery with Major Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or off -site with tours of the facility, tastings of the products produced on -site, and periodic events that are expected to attract more than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Rural Heritage Museum A facility which stores and exhibits objects of historical, agricultural, and /or cultural interest for the purpose of educating the public about the rural heritage of Orange County and surrounding areas. Rural Special Event A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to attract more than 20 people at any given time. Saw Mill A facility where off -site logs or timber are sawn, planed or otherwise processed into lumber or other wood products; not including the processing of timber for use on the same parcel of property. Stockyard / Livestock Market A facility where livestock are kept temporarily awaiting purchase and /or transport; such facilities may include enclosed pavilions, grandstands, paddocks, and stalls. Taxidermy The practice of preparing and preserving the skins of animals and of stuffing and mounting them in lifelike form. U01] Veterinary Clinic A facility staffed by at least one licensed veterinarian for the care and treatment of large and /or small animals. Such facilities may include grooming and short -term boarding as incidental uses. Veterinary Clinic, mobile A mobile medical facility staffed by one or more licensed veterinarians to provide care, diagnosis, and treatment of animals in need of medical or surgical attention. Veterinary Hospital A facility staffed by at least one licensed veterinarian for the specialized treatment of large and /or small animals. Said facilities may provide emergency medical services during and outside of normal business hours. Overnight care may be provided when it is necessary for the medical treatment of the animal. Winery, production only A facility utilized for making wines for wholesale or retail sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm and using primarily crops produced on -site. Winery with Minor Events A facility utilized for making wines for consumption on- or off -site with limited hours for tours of the facility and tastings of the products produced on -site, and small periodic events that are expected to attract fewer than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Winery with Major Events A facility utilized for making wines for consumption on- or off -site with tours of the facility, tastings of the products produced on -site, and periodic events that are expected to attract more than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Relevant Existina Terms. no chances proposed Agricultural Services Commercial activities offering goods and services which support production of agricultural products or processing of those products to make them marketable. Examples include, but are not limited to, soil preparation, animal and farm management, landscaping and horticultural services, specialized commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm /garden products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith, welding shops, facilities for animal shows, animal sales and auctions, agriculture -based clubs /meeting halls, storage of agricultural supplies and products, and processing plants for agricultural products including wineries and canneries. Camp A recreation use which may include locations for tents, cabins, or other recreational sleeping structures, but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not -for- profit corporation. Farming The use of land consistent with the State of North Carolina's definition of farming, as contained in the General Statutes. 199 Farm, Bona Fide The use of land meeting the criteria for "Farm" as defined by the State of North Carolina in the General Statutes. Garden Center Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as Christmas trees, pumpkins and flowers are permitted in the outdoor display area. Retreat Center A new or existing facility operated by a corporation or association of persons or churches for social and recreational purposes. A retreat center may be owned by a profit or not- for - profit corporation. Rural Guest Establishments A temporary lodging facility that is compatible to the primary land use of agriculture, forestry, open space, or otherwise rural residential activities. Rural guest establishments consist of three subcategories based on intensity and permit requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which are further defined below. A. Bed and Breakfast: A private, owner - occupied dwelling in which the frequency and volume of paying guests is incidental to the primary use of the building as a private residence. One to three guestrooms are made available to transient visitors. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Zoning Permit) B. Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing overnight accommodations to the public, even though the owner or manager lives on the premises. The number of guestrooms may range from four to no more than eight. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Class B SUP) C. Country Inn: A business, which offers accommodations and dining in a predominately rural area. Overnight accommodations are available, and a full - service restaurant provides breakfast, lunch and dinner to guests and the general public. The number of guestrooms may range from four to no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP) 200 2030 Comprehensive Plan Amendments No revisions on first two pages - included for 201 information only. See third page for changes. Appendix F. Relationships Between Land Use Classifications and Zoning Districts Per the Orange County Unified Development Ordinance, zoning districts are applied to Land Use classifications and overlays in accordance with this appendix. A matrix is provided at the end of this appendix that links the zoning districts to the land use classifications and overlays listed. TRANSITION LAND USE CLASSIFICATIONS CHAPEL HILL AND CARRBORO TRANSITION On November 2, 1987, a joint Planning Agreement was adopted by Orange County and the Towns of Chapel Hill and Carrboro. The Agreement became effective on November 14, 1988, following the adoption, by Orange County, of zoning plans prepared by the two municipalities for their respective Transition Areas. The applied zoning districts are those contained in the Chapel Hill Land Development Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land use plan categories contained in the Orange County Chapel Hill Carrboro Joint Planning Land Use Plan. Reference should be made to the appropriate municipal ordinance and zoning map for a description of the districts and applicable development standards. Under the terms of the joint Planning Agreement, the Towns of Chapel Hill and Carrboro are responsible for permit administration within their respective Transition Areas. 10 -YEAR TRANSITION Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. Non - residential uses implemented in accordance with small area plans and /or overlay districts may be appropriate. The applied zoning districts include: R -1 (Rural Residential); R -2 (Low Intensity Residential), R -3 (Medium Intensity Residential), and R -4 (Medium Intensity Residential); and R -5 (High Intensity Residential), R -8 (High Intensity Residential), and R -13 (High Intensity Residential) residential uses, and Zoning Overlay Districts. 20 -YEAR TRANSITION Identifies areas changing from rural to urban in form and density. All densities of residential development would be appropriate. The applied zoning districts include: R -1 (Rural Residential); R -2 (Low Intensity Residential), R -3 (Medium Intensity Residential), and R -4 (Medium Intensity Residential); and R -5 (High Intensity Residential), R -8 (High Intensity Residential), and R -13 (High Intensity Residential) residential uses. COMMERCIAL TRANSITION ACTIVITY NODE Identifies areas changing from rural to urban in form and density. A full range of intensities of commercial development would be appropriate. The applied zoning districts include: LC -1 (Local Commercial); NC -2 (Neighborhood Commercial); CC -3 (Community Commercial); GC -4 (General Commercial); and 0/1 (Office/ Institutional). COMMERCIAL - INDUSTRIAL TRANSITION ACTIVITY NODE Identifies areas changing from rural to urban in form and density. A full range of commercial and industrial activities would be appropriate and allowed. The applied zoning districts include: 1 -1 (Light Industrial); 1 -2 (Medium Industrial); 1 -3 (Heavy r� a Industrial); LC -1 (Local Commercial); NC -2 (Neighborhood Commercial); CC -3 (Community Commercial); GC -4 (General Commercial); and 0/1 (Office /Institutional). ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE Identifies areas along major transportation corridors that may be in proximity to 10- Year or 20 -Year Transition areas of the County which have been specifically targeted for economic development activity, consisting of light industrial, distribution, flex space, office, and service /retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. The applied zoning districts are EDB -1 (Economic Development Buckhorn Lower Intensity), EDB -2 (Economic Development Buckhorn Higher Intensity), EDE- 1 (Economic Development Eno Lower Intensity), EDE -2 (Economic Development Eno Higher Intensity), EDH -1 (Economic Development Hillsborough Linear Office), EDH -2 (Economic Development Hillsborough Limited Office), EDH -3 (Economic Development Hillsborough Limited Office with Residential), EDH -4 (Economic Development Hillsborough Office), EDH -5 (Economic Development Hillsborough Office /Flex). RURAL LAND USE CLASSIFICATIONS RURAL BUFFER Only very low density residential and agricultural uses are appropriate in the Rural Buffer. The applied zoning district is RB (Rural Buffer). RURAL RESIDENTIAL Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R -1 (Rural Residential). AGRICULTURAL RESIDENTIAL Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agricultural Residential) and AS (Agricultural Services). RURAL COMMUNITY ACTIVITY NODE Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC -1 (Local Commercial) and NC -2 (Neighborhood Commercial). RURAL NEIGHBORHOOD ACTIVITY NODE. Identifies areas in the County where small scale commercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include: LC -1 (Local Commercial) and NC -2 (Neighborhood Commercial). RURAL INDUSTRIAL ACTIVITY NODE Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district is 1 -1 (Light Industrial). OVERLAYS PUBLIC INTEREST AREA These lands are considered valuable for recreational and research purposes and are afforded special treatment. The applied zoning district is PID (Public Interest District). 0 S C� n v CD ;h Cry k h Z Z. N O k� N O W ZONING DISTRICTS A W W C4 i Nix oq N N Land Use Classifications & Overlays Chapel Hill Transition . _._...._ _ .. _ Permit Administration by Municipalities under the provisions of the Joint Planning Agreement- Carrboro Transition Contact appropriate Municipality for applicable Zoning Standards 10 -Year Transition 20 -Year Transition Commercial Transition o Activity Node Commercial- Industrial iTransition Activity Node H Economic Development Transition Activity Node Rural Buffer Rural Residential Agricultural Residential c Rural Community Activity Node GC Rural Neighborhood Activity Node Rural Industrial Activity Node Public Interest Area 0 k h Z Z. N O k� N O W Attachment 3 Agricultural Support Enterprises Basic Zoning Program Notes: 1. Some uses listed below already exist within the LIDO; of these, some are proposed for changes (predominantly addition of use - specific standards) while others are not proposed for changes (see footnote below for key). This table is intended to show the full range of uses that have been considered "Agricultural Support Enterprises" through the years and are subject to zoning regulations. 2. All uses are subject to the development standards contained in Article 6 of the LIDO (Landscaping, Buffers, Parking, Loading, Signage, Lighting, etc.) and any other applicable section. 3. All uses are subject to any applicable Environmental Health (well, septic, food service, etc.) and Building Code regulations. These types of regulations are adopted at the State level and the local government cannot change them. 4. There may be other State or Federal requirements applicable to specific uses (e.g., meat processing for public consumption). DEAPR or Cooperative Extension staff can assist people with understanding other types of requirements. 5. A pre - development meeting is available free of charge to all persons proposing projects. All relevant County staff members (from all involved departments, depending on project proposed) are in attendance at the meeting to assist potential applicants in understanding all requirements for the potential project and the relevant processes. Prospective applicants are highly encouraged to take advantage of this service. Type of Use General Use Zoning Districts in which Allowed2 Conditional Zoning Districts in which Allowed Standards Section for Specific Use Agricultural Processing Facility AS, 11, 12, 13 ASE -CZ, MPD -CZ 5.13.2 Agricultural Processing Facility, Community RB, AR, LC1, NC2, AS, 11 ASE -CZ, CUD 5.13.3 Agricultural Services Uses* AS ASE -CZ, MPD -CZ, CUD None 1 What is it? Check the definition section of the amendment packet to see how it's defined. z Check Article 3 of UDO for explanation of zoning districts: http: / /orangecountync.gov /planning /Ordinances.asp *: Use type currently exists in the UDO and is not proposed for modification. ^: Use type currently exists in the UDO and is proposed for modification. N 0 Type of Use General Use Zoning Districts in which Allowed2 Conditional Zoning Districts in which Allowed Standards Section for Specific Use Botanical Gardens /Arboretum* All districts except EC5 and El ASE -CZ None Cold Storage Facility AS (w/ SUP -A), 11, 12,13 ASE -CZ, MPD -CZ, CUD 5.13.4 Community Farmers' Market RB, AR, LC1, NC2, CC3, GC4, AS ASE -CZ, MPD -CZ, CUD 5.13.5 Composting Operation, no grinding AS (w/ SUP -A) ASE -CZ, CUD 5.13.6 Composting Operation, with grinding AS (w/ SUP -A) ASE -CZ 5.13.6 Cooperative Farm Stand RB, AR, LC1, NC2, AS ASE -CZ, MPD -CZ, CUD 5.13.7 Country Store LC1, NC2, AS ASE -CZ, MPD -CZ, CUD 5.6.15 Equestrian Center AR (w/ SUP -A) ASE -CZ, CUD 5.13.8 Farm Equipment Rental, Sales and Service^ GC4, EC5, AS, 12,13 ASE -CZ 5.13.9 Farm Supply Store LC1, NC2, CC3, GC4, AS ASE -CZ, MPD -CZ, CUD 5.13.10 Feed Mill^ AS, 12,13 ASE -CZ, MPD -CZ 5.13.11 Garden Center* LC1, NC2, CC3, GC4, AS ASE -CZ, MPD -CZ, CUD 5.6.3 Greenhouses with On Premises Sales" AR, NC2, CC3, GC4, EC5, AS ASE -CZ, MPD -CZ, CUD 5.13.12 Guest Ranch none ASE -CZ 5.7.6 Kennels, Class 1* RB, AR, R1, CC3, GC4, AS ASE -CZ None Kennels, Class II* w/ SUP -B only: RB, AR, R1, CC3, GC4, AS ASE -CZ 5.6.5 Meat Processing Facility, Community RB, AR ASE -CZ, CUD 5.13.13 Meat Processing Facility, Regional AS (w/ SUP -A) ASE -CZ 5.13.14 Metal Fabrication Shop Not explicit (would fall under one of the Industrial classifications) ASE -CZ 5.14.1 Microbrewery, production only 11, 12, 13 w/ SUP -B only: RB, AR ASE -CZ, MPD -CZ, CUD 5.14.2 Microbrewery with Minor Events w/ SUP -B only: RB, AR, 11, 12,13 ASE -CZ, MPD -CZ, CUD 5.6.10 Microbrewery with Major Events none ASE -CZ, MPD -CZ 5.6.11 Off- Season Use of Farm Equipment RB, AR, AS ASE -CZ, CUD 5.13.15 Rural Guest Establishment: Bed & RB, AR, R1 ASE -CZ, MPD -CZ, CUD 5.6.7 N O M I Type of Use General Use Zoning Conditional Zoning Standards Section for Districts in which Allowed2 Districts in which Allowed Specific Use Breakfast* Rural Guest Establishment: Bed & w/ SUP -B only: AR, R1 ASE -CZ, MPD -CZ, CUD 5.6.8 Breakfast Inn* Rural Guest Establishment: Country w/ SUP -A only: AR, R1 ASE -CZ, MPD -CZ, CUD 5.6.9 Inn* w/ SUP -B only: RB, AR, LC1, ASE -CZ, CUD 5.17.7 Rural Heritage Museum NC2, AS Rural Special Events RB, AR, AS ASE -CZ, MPD -CZ, CUD 5.17.8 Sawmill^ AS 5.14.3 Stables, Commercial^ w/ SUP -B only: RB, AR, R1, ASE -CZ, MPD -CZ 5.13.16 CC3, GC4, AS Stockyards / Livestock Markets^ AS ASE -CZ 5.13.17 LC1 NC2 CC3, GC4 OI 11 MPD -CZ, REDA -CZ -1 CUD None Studio (Art)* 12,13 LC1, NC2, CC3, GC4, 11 ASE -CZ, CUD 5.6.12 Taxidermy w/ SUP -B only: AR LC1, NC2, CC3, GC4, EC5, ASE -CZ, MPD -CZ, CUD 5.16.1 Veterinary Clinic Ol, AS, 11, 12,13 w/ SUP -B only: AR LC1, NC2, CC3, GC4, EC5, ASE -CZ, MPD -CZ, CUD 5.16.2 Veterinary Clinic, mobile 01, AS, 11, 12,13 w/ SUP -B only: AR, R1 Veterinary Hospitals^ CC3, GC4, EC5, 01, AS, 12, ASE -CZ, MPD -CZ, CUD 5.16.3 13 Winery, production only 11, 12, 13 ASE -CZ, MPD -CZ, CUD 5.14.4 w/ SUP -B only: RB, AR Winery with Minor Events w/ SUP -B only: RB, AR, 11, ASE -CZ, MPD -CZ, CUD 5.6.13 12,13 Winery with Major Events none ASE -CZ, MPD -CZ 5.6.14 Bona Fide Farming Activities Bona fide farming activities are exempt from local zoning regulations, but may be subject to environmental health and building codes and regulations in the UDO that are not considered "zoning ". Examples of bona fide farming activities are: • Production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants, dairy, livestock (including horses), and poultry. Includes the use of greenhouses. • Planting and production of trees and timber • Aquaculture • Marketing and selling of agricultural products produced on -site (e.g., can have a farm stand or store building on the bona fide farm and farm products can include raw and value added products). • On -site agritourism • Storage and use of products and materials for on -site agricultural purposes • Packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural products produced on -site • Production of nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product, if produced on a farm subject to a conservation agreement in an enhanced voluntary agriculture district • Sawmill for timber produced on -site • Farm employee housing • Teaching classes related to agriculture on the farm • Winery (using predominantly grapes produced on -site) • Microbrewery (using predominantly crops produced on -site) Na O -4 WE: z 2� \» \` / ° \~ 9 :m + C.y z 2� \» \` / ° \~ 9 :m