HomeMy WebLinkAboutORD-2014-017 Ordinance Amending the Unified Development Ordinance of Orange County - Donald & Donna Easterliny- 5'
s' h
Ordinance #: Q) O / L—V2
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, Orange County has received a proposal from Mr. and Mrs. Donald and
Donna Easterlin to amend Section 5.6.5 of the Unified Development Ordinance (UDO)
with respect to required setbacks associated with the development of Class If Kennels
within, and developed adjacent to, the Economic Development Eno High Intensity (EDE -2)
general use zoning district, and
WHEREAS, the Easterlins believe the amendment is reasonable, is consistent with
the purpose and intent of the EDE -2 general use zoning district, and is consistent with the
provisions of the Orange County Comprehensive Plan, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and
WHEREAS, pursuant to North Carolina General Statute 153A -341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion of Co missioner seconded by
Commissioner 1�,C� , the foregoing ordinance was adopted this
J day of , 2014.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the fore ping is a true copy of so much of the proceedings of said
Board at a meeting held on A)U� / , 2014 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNE S my hand and the seal of said County, this 'f _ day of
2014.
o-f
Cler to the and of Commissioners
Rill U11 U, -.
sh c�ar�
Jun
Article 5: Uses
Section 5.6: Standards for Commercial Uses
Standards for Class A Special Use Permit
Submittal Requirements —
addition to the information required by Section 2. 7, t ollowing information
sha a supplied as part of the application for appr I of this use:
(a) Obtqiledl plans and specifications for a site screening proposed.
(b) Descrip of type and numb of motorized machines to be employed
upon site.
(c) Indicate on the site n the extent of area to be used for the storage of
junked or wre d mot ehicles
(2) Standards for luation -
(a) T site shall be screened from adja t property by a minimum of an
eight foot high solid fence or equal, unin upted except for required
vehicle access points.
(b) No materials shall be stored closer than 50 feet to t ublic right of way
or 30 feet to the property lines.
(c) Site is of adequate size to protect adjacent properties from ad se
effects of the junkyard.
5.6.5 Kennels
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements —
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Plans for all kennels, exercise yards, dog runs, pens 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.
(2) Standards of Evaluation —
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel.
(b) No part of any building, structure, dog run, pen, or exercise yard 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
kennel.
(i) Those m m &s � The 150 foot setback established by
this section shall not apply if all portions of the facility, in which
animals are housed, are wholly enclosed within a building.'
(ii) For Class II Kennels developed within the EDE -2 zoning district,
this setback shall not apply to dog training activities where each
dog is under the immediate control of its trainer, owner, or other
responsible individual.
' This is an existing standard being modified by the applicant. Staff has no concern related to the modification.
2 As originally written by the applicant this would apply to all Class II Kennels, not just those in the EDE -2 zoning
district. Staff has modified the language to ensure it only applies to kennels in the EDE -2, consistent with the
advertised public hearing, and the stated intent of the applicant.
Orange County, North Carolina — Unified Development Ordinance Page 5 -43
Article 5: Uses
Section 5.6: Standards for Commercial Uses
(iii) For Class II Kennels developed within the EDE -2 zoning district
all buildings, structures, dog runs pens or exercise yards in
which animals are housed or exercised shall observe the
Principal setbacks established within Section 3.7 of the UDO in
those instances where the propertv abuts other EDE -2 zoned
property and US Highway 70.3
�
(b) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height.
(c) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(d) The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
(e) Building plans for all kennel facilities shall be reviewed and approved by
the Orange County Animal Services Department prior to issuance of any
building permits.
(f) 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.
(g) A Class II Kennel Permit shall be obtained from Orange County Animal
Services within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
iding Stables
(A) Stara ards for Class B Special Use Permit
(1) Sub ' Requirements —
In addition to the ation required b ion 2.7, the following information
shall be supplied as part a i ion for approval of this use:
(a) Plans for all b boarding ' ' 'es, exercise yards, riding arenas, and
relate ' rovements, including signs
(b ite plan showing the improvements listed in a) a other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation —
3 Per Section 3.7 of the UDO the required setback for all structures developed within EDE -2 is 25 feet from property
lines, including those properties with frontage along US Highway 70. Staff has combined the applicant's proposed
subsection(s) (ii) and (iii) in Attachment 2 into a central section.
4 This text amendment will need to generate a comprehensive re- assessment of required setbacks for Class II Kennel
operations within all non - residential zoning districts (Community Commercial CC -3 and General Commercial GC-
4). In staff's opinion there is no justification to treat kennels developed within the EDE -2 district differently from
other non - residential general use districts. If this text amendment is approved, staff recommends a separate
discussion item at a future Planning Board meeting to review the 150 foot setback requirement in all non - residential
general use zoning district designations. There may be a need to modify this regulation in the future to ensure equity
for property owners seeking to develop a Class II Kennel and establish a framework where the setback could be
reduced.
Orange County, North Carolina — Unified Development Ordinance Page 5 -44