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Home My WebLink AboutAgenda - 05-20-2014 - 5aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 20, 2014 Action Agenda Item No. 5 -a SUBJECT: Comprehensive Plan and Unified Development Ordinance Text Amendments for Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification - Public Hearing Closure and Action (No Additional Comments Accepted) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes ATTACHMENT(S): 1. Comprehensive Plan / Future Land Use Map and Unified Development Ordinance (UDO) Amendment Outline Form (UDO /Zoning 2013 -06) 2. Ordinance Approving Amendment 3. Chart of Basic Zoning Program 4. Excerpt of Minutes — February 24, 2014 Quarterly Public Hearing 5. Excerpt of Minutes — April 2, 2014 Planning Board Meeting INFORMATION CONTACT: Perdita Holtz, Planner III, 919 - 245 -2578 Craig Benedict, Planning Director, 919- 245- 2592 1 PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and make a decision on Planning Director initiated text amendments to the Comprehensive Plan and Unified Development Ordinance (UDO) to implement a program commonly referred to as "Agricultural Support Enterprises" outside of the Rural Buffer land use classification. As a reminder, the reconvening of this hearing is solely to receive the Planning Board recommendation and any additional written evidence submitted since the February 24, 2014 Quarterly Public Hearing. This hearing is not intended to solicit additional input. While the BOCC may ask staff questions related to the review of a given item, comments from the public shall not be solicited. 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, 2 • 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 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. 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. Public Hearing The proposed UDO amendments were heard at the February 24, 2014 joint public hearing. A summary of comments made at the hearing along with staff responses is included in Section C.1.b of Attachment 1. An excerpt of minutes from the public hearing is included in Attachment 4. Procedural Information In accordance with Section 2.8.8 of the Unified Development Ordinance, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. The public hearing is held open to a date certain for the purpose of the BOCC receiving the Planning Board's recommendation and any submitted written comments. Planning Board Recommendation The Planning Board considered this item at its April 2, 2014 meeting. The Planning Board unanimously voted to recommend approval of this item. An excerpt of minutes from the Planning Board meeting is included in Attachment 5. 3 Planning Director's Recommendation The Planning Director recommends approval of the proposed Comprehensive Plan and UDO amendments on the basis that these amendments further the following Goals and Objectives of the Comprehensive Plan: Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG -3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. Additionally, the proposed amendments are consistent with the County's adopted (2009) Agricultural Development and Farmland Protection Plan. FINANCIAL IMPACT: See Section C.3 of Attachment 1. RECOMMENDATION: The Manager recommends the Board: 1. Receive the Planning Board's recommendation of approval; 2. Close the public hearing; and 3. Deliberate as necessary and decide accordingly and /or adopt the Ordinance in Attachment 2 which approves the amendments. 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 1 0 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 5 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 2 R 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: 7 • 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. The Planning Director recommends approval of the proposed amendments on the basis that they further the goals of the Comprehensive Plan listed in (3) below. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Planning Principle #5: Preservation of Rural Land Use Pattern Planning Principle #8: Preservation of Community Character Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and horticulture and their respective lands. Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and regional agriculture. Objective AG -3: Develop programs and associated infrastructure facilities to make local farms more economically viable, including local farm product processing, development of a distribution center, and marketing initiatives. 4. New Statutes and Rules N/A .... . ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. PROCESS 1. TIMEFRAME /MILESTONES /DEADLINES a. BOCC Authorization to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . September 5, 2013 b. Quarterly Public Hearin February 24 2014 At the quarterly public hearing, the following comments were made: 1. The Staff Attorney raised issues of legal sufficiency with three definitions /standards 11 M sections. Staff Response: The County Attorney's office suggested edits to be made to correct concerns about legal sufficiency and those edits have been incorporated into the proposed text. 2. A BOCC member asked about how conditional zoning fits into the program and expressed concern with uses developed as part of the Conditional Zoning process and what happens if project cannot meet established standards. Staff Response: A new conditional zoning district (ASE -CZ) is being proposed for Agricultural Support uses. The requirements of the UDO would have to be met in order to obtain a permit and the use would have to keep operating under the conditions of the permit. A use that does not keep operating under the conditions of the permit and other UDO requirements would have zoning enforcement taken to correct any deficiencies. 3. A BOCC member asked why the R -1 (Rural Residential) zoning district was not having ASE uses added to it. Staff Response: As has been explained in Footnote #8 in the amendment package, the stated purpose of the R -1 zoning district is to provide for rural non -farm residential development. Because of the emphasis on non -farm development, Planning staff believes adding farming - related uses to the R -1 zoning district would be inconsistent with the stated purpose of the district. Farms currently located in the R -1 zoning district that desire to add ASE - related uses can either apply to have their property rezoned to AR (Agricultural Residential) or can apply for the new ASE -CZ zoning district. 4. A BOCC member asked if looking at conditional zoning districts on a case -by -case basis is OK or whether it would create legal problems. Staff Response: The Staff Attorney answered that the conditional zoning district is legally sufficient. Further Planning Staff Comment: This question seems to arise from past concerns by this BOCC member about avoiding "spot zoning," which occurs when a particular piece of property is zoned differently (in a general use district) from surrounding or nearby property. It should be noted that spot zoning is legally defendable if it is done consistent with a Comprehensive Plan. To require otherwise would mean that local governments could not effect land use changes through rezonings because no property could be zoned differently from nearby property. Spot zoning is not legally defensible if a rezoning is not consistent with a jurisdiction's Comprehensive Plan. Regardless, case law has decided that conditional zoning does not constitute spot zoning. Spot zoning is applicable to general use zoning districts. 5. A BOCC expressed concern about water issues and the proposed text that will require higher water users to complete a groundwater study when other types of uses are not required to complete studies. Staff Response: The Staff Attorney stated this was a policy issue and did not create a legal problem. Further Planning Staff Comment: The requirement for a groundwater study for uses expected to be high water users was added to the ASE amendments after the November 2013 Assembly of Governments meeting because concern was expressed about allowing uses that could consume a lot of groundwater in areas of the county that are not served by public water systems. Concern over sustainable water quantities /quality is sometimes expressed during the review process for a variety of development projects and in 2001 the U.S. Geological Survey (USGS) completed a study entitled "Investigation of Ground -Water Availability and Quality in Orange County, North Carolina." The study found the mean groundwater recharge for the 12 basins in the county to be 4.90 inches per year (365 gallons per day per acre), although arguments have been made in the past that the years studied were particularly wet. To date, Orange County has not chosen to regulate land uses completely on the basis of groundwater recharge rates, but Planning staff is supportive of a policy /requirement to lessen any impact high water users may have on neighboring properties. Planning staff recommends requiring the groundwater study for high water users. While it is correct that ASE - related uses are being singled out at this point, this is because uses other than single family residential uses are generally not currently allowed in areas of the county that rely on individual wells for their water supply. 6. A Planning Board member stated he believed some of the proposed regulations were too limiting. Staff Response: The ASE program has been in development since 2001 and one of the reasons it has taken so long is that there have been disagreements over the years about how lenient or restrictive the regulations should be. The Agricultural Preservation Board is supportive of adopting these proposed amendments and Planning staff recommends that rather than re- opening long- standing debates about how restrictive or permissive the regulations should be, that the amendments as proposed should be adopted and if, in the future, the need is identified to further refine any particular portions, additional amendments can be undertaken at that time. 7. A Planning Board member asked whether exempt agricultural uses would be taken into account when determining if a groundwater study would be required. Staff Response: Exempt agricultural uses are not limited in the amount of water they can use. Language has been added to appropriate sections of the proposed text to clarify that bona fide farm uses are not required to be included in the calculations for a groundwater study. 8. A member of the public expressed support for the amendments and for anything that can be done to help farmers make ends meet. 9. A member of the public stated this is an important concept and water is a big issue to be considered. 10. A member of the BOCC stated that the largest farmers in the county, such as commodity farmers, are likely to just keep doing what they're doing but that this program is most likely to benefit smaller farmers who are looking to augment their operations. 11. A member of the BOCC stated that low water users should be encouraged and the 0 10 carrying capacity should not be exceeded. 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 hearing April 15, 2014 — receive Planning Board recommendation on UDO amendment package outside of the Rural Buffer d. Other 12. 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. 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 7 11 d. Notice Requirements 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: The Public Information Meeting scheduled for February 13, 2014 had to be rescheduled to February 17 due to inclement weather. The meeting was advertised in the legal ad, press release, and posted flyers in government buildings /facilities and businesses in the county. ❑ 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. 13. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Primary Staff Contact: Perdita Holtz Planning & Inspections 919- 245 -2578 pholtz @orangecountync.gov Ordinance #: ORD- 2014 -022 Attachment 2 13 AN ORDINANCE AMENDING THE ORANGE COUNTY COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE WHEREAS, Orange County initiated amendments to the Orange County Comprehensive Plan and Unified Development Ordinance, as established in Sections 1.1, and 1.7 of the Orange County Unified Development Ordinance (UDO), in order to adopt a regulatory program referred to as "Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification," a program the County has been working on since 2001, and WHEREAS, the Board finds that the text amendment to the Comprehensive Plan is necessary to promote implementation of the Comprehensive Plan and the County's adopted Agricultural Development and Farmland Protection Plan, and WHEREAS, pursuant to Sections 1.1.5 and 1.1.7 of the UDO and to Section 153A -341 of the North Carolina General Statutes, the Board finds that the amendments will carry out the intent and purpose of the adopted Agricultural Development and Farmland Protection Plan and is internally consistent with the 2030 Comprehensive Plan or part thereof including, but not limited to, the following: Planning Principle #5: Preservation of Rural Land Use Pattern: The County's rural areas are a cherished component of the County's character. Future development should preserve and enhance the county's rural landscape. Planning Principle #8: Preservation of Community Character: Future growth and development should occur in a manner that preserves and enhances the existing character of the County, its townships, and rural crossroads communities. 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. and WHEREAS, the requirements of Sections 2.3 and 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, the Board has found the proposed amendments to be reasonably necessary to promote the public health, safety, and general welfare. 14 BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Comprehensive Plan and Unified Development Ordinance are hereby amended as shown on the attached pages. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2014. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 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. WITNESS my hand and the seal of said County, this day of 2014. SEAL Clerk to the Board of Commissioners f 15 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 UDO 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, text in red is unchanged from text presented at the February 24, 2014 quarterly public hearing Text in blue was presented at the quarterly public hearing as proposed changes to the originally proposed language Text in green are changes proposed after the quarterly public hearing to correct errors, clarify intent (in response to questions asked at the public hearing), or to address issues of legal sufficiency raised by the County Attorney's office at the public hearing 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 UDO 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 UDO 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 strikethr 'hT text Article 2• Procedures 16 Section 2 4 Zoning Compliance Permits not be issued until the aforementioned permit has been issued by the responsibl oard in accordance with the review and approval procedures detailed herein (B) Iss nce of a Special Use or Conditional Use Permit does not negate t requirement for a Zoni Compliance Permit (C) Issuance o Zoning Compliance Permit does not establish a v ted right to begin and complete cons ction or change the use /occupancy of a lot r building should regulations chang ubsequent to issuance of said per (D) Application for Zoning mpliance Permit shall spe y the method of disposal of trees, limbs, stumps and constru on debris associat with the permitted activity Open burning of trees, limbs, stump , and /or cons ction debris associated with the permitted activity is expressly prohibited (E) No building, structure, or zoning lot hick a Zoning Compliance Permit has been issued shall be used or occupie ntil the ilding Inspector has, after final inspection, issued a Certificate of Occup cy indicating c pliance with all the provisions of this Ordinance (F) No building, structur , or zoning lot for which a Zoning ompliance Permit has been issued shall be d or occupied until the Orange County ealth Department has approved the ater supply and sewage disposal systems se �ng that use XZoning f a Certificate of Occupancy by the Building Official or approval of a water sup sewage disposal system by the Health Department shall i o case be s waiving any provision of this Ordinance mpliance Permits shall become null and void af ter 18 months from date of a building permit is not applied for or land disturbing activities are not 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, and (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 ' 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. Orange County, North Carolina — Unified Development Ordinance Page 2 -8 Article 2 Procedures 17 Section 2 5 Site Plan Review (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 SECTION 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 fGIIE), 1Rg e o„+,,,RG 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, z 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. Orange County, North Carolina — Unified Development Ordinance Page 2 -9 Article 3• Base Zoning Districts 18 Section 3 8 Conditional Districts (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 384 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 Orange County, North Carolina — Unified Development Ordinance Page 3 -63 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 5 Article 3• Base Zoning Districts 19 Section 3 8 Conditional Districts Lot size, min , per use (square feet) Lot Width, min (feet) Front Setback from ROW, min (feet) Side Setback, min (feet) Rear Setback, min (feet) Height, max (feet) Floor Area Ratio, max Required Open Space Ratio, min Required Livability Space Ratio, min Required Recreation Space Ratio, min 40,000(l] 150 40 20 [2] 20 [2] 45 [3] No requirement [4] No requirement [4] No requirement [4] No requirement [4] 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 Required Pedestrian / No requirement [4] adjacent residential district Landscape Ratio, min [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 planning objectives 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 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 Orange County, North Carolina — Unified Development Ordinance Page 3 -64 Article 3• Base Zoning Districts 20 Section 3 8 Conditional Districts 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 Orange County, North Carolina — Unified Development Ordinance Page 3 -65 Article 5. Uses 21 Section 5 1 Establishment of Use Requlations (C) In addition to the listing of such uses, the Board of County Commissioners intends tha the general standards and the more specific requirements established herein/he shall used by the Board of Adjustment, the Planninnd the Board of County Commissioners, as appropriate, to direct delibupon application or the proval of ecial Uses (D) It is a express intent of the Board of County ioners to define e the areas of concer onnected with each Special Use and de standards which applications for such S cial Use shall be evaluated (E) Establishmen f Classes of Special Uses, y To prove or Disapprove There are hereby e ablished the following clap tal Uses which shall be approved or disappro as shown (1) Class A - Approve r disapproved by f County Commissioners (2) Class B - Approved or i approved by f Adjustment 5 1 4 Conditional Uses (A) The Board of County Commissioner 's mi ful of its responsibility to protect the public health, safety and general welfare f the rest nts of Orange County and intends to encourage development within e County consi ent with that purpose (B) The Board of County Com issioners also recognize hat certain uses are appropriate for development in Oran County but their location an ite development specifics cannot be predetermi d or regulated through the use of a \ia ning district designation and co entional standards (C) Conditional Us and Conditional Use Districts are hereby and shall be reviewed in cordance with the provisions of this Ordinanc (D) Permitt Uses (1) Any use listed as Permitted by Right or by Special t on the ble of Permitted Uses may be approved as a Con ditional a Conditio I Use District, unless expressly excluded in Section 5 1 4Ordinance (2) Permitted uses are subject to all general and specifs of approval for 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), (1) Landfills (2 acres or more), q) Meat Processing Facility, Regional, Orange County, North Carolina — Unified Development Ordinance Page 5 -2 Article 5 Uses 22 Section 5 1 Establishment of Use Regulations (k) Military Installations (National Guard & Reserve Armory), (1) Residential Hotel (Fraternities, Sororities, and Dormitories), (m) Riding 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 0 L, (c) Bus Terminals & Garages, (d) Class II Kennels, (e) Commercial Feeder Operation, (f) Composting Operation with grinding, (g) Crematoria, (h) Drive -In Theaters, (1) Extraction of Earth Products, 0) Farm Equipment Rental, & Sales and Service, (k) Feed, 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, Orange County, North Carolina — Unified Development Ordinance Nage 5 -:� Article 5. Uses 23 Section 5 1 Establishment of Use Regulations (ee) Sawmills, (ff) Stockyards / Livestock Markets, (gg) Storage of Goods, Outdoor, (hh) Waste Management Facility, Hazardous & Toxic, and (u) Wholesale Sales Urange County, North Carolina — Unified Development Ordinance Page 5 -4 Article 5 Uses 24 Section 5 2 Table of Permitted Uses SECTION 5.2: TABLE OF PERMITTED USES 5 2 1 Table of Permitted Uses — General Use Zoning Districts AGRICULTURAL USES Agricultural Processing Facility — Agricultural Processing Facility, Community ^ " Agricultural Services Uses - Cold Storage Facility A s Community Farmers' Market A " Composting Operation, no grinding A Composting Operation, with grinding — A Cooperative Farm Stand A Equestrian Center A Farm Equipment Rental, & Sales and Service Farm Supply Store " Feed, coo, c +„rage u or„G96S Rg Mill Greenhouses with {On Premises Sales) ^ 10 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -5 Article 5• Uses 25 Section 5 2 Table of Permitted Uses 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 USE TYPE GENERAL USE ZONING DISTRICTS RB AR R1 s R2 R3 R4 R5 R8 R13 LC1 NC2 CC3, GC4 ECS OI AS El 11 12 13 PID - . • . - • -©---.--.©©----©-©--- • . - --------- © ©©© • • H101111011591 FININFIR • - . - MnMWMM------- • . 0 . - HVILTIRM -----.--. © © ©© ©-.-.-- .. . . --------.--©©-©-.-©©- - - - -------.----©-------- 11 The three "Rural Guest Establishment" types will be moved to alphabetical order within the list as well vranyu L.ounty, rvorin taronna — unmea uevelopment ordinance Page 5 -6 Article 5• Uses 26 Section 5 2 Table of Permitted Uses 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 USE TYKE GENERAL USE ZONING DISTRICTS RB AR R18 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID WWI iL ------.---©©©©.-.-.-- OEM- F-11MR;5M 12 This is a bona fide farm use and cannot be regulated by zoning 13 Moved to "Agricultural Uses" section Orange County, North Carolina — Unified Development Ordinance Page 5 -7 Article 5 Uses 27 Section 5 2 Table of Permitted Uses 14 Staff is suggesting this typographical error be corrected as part of this UDO amendment Orange County, North Carolina — Unified Development Ordinance Page 5 -8 Article 5• Uses 28 Section 5 2 Table of Permitted Uses — 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) Printing & Lithography Sawmills Winery, production only ^ B MEDICAL USES A a4- Veternary Health Services Over 10,000 Scl Ft. Health Services Under 10,000 Sq Ft. Hospitals — Veterinary Clinic B Veterinary Clinic, mobile B B RECREATIONAL USES Botanical Gardens & Arboretums * * * * * Camp /Retreat Center B B B Golf Driving and Practice Ranges B Parks Public & Non -Profit * * * * * * * * Recreational Facilities (Non- Profit) B B B B B B B B B B B B B B B B B Recreational Facilities (Profit) Golf Course A A A A A A A A A A A A A A A A A RESIDENTIAL USES Dwelling, Mobile Home Dwelling, Multiple Family Dwelling, Single - Family 15 Will be moved to alphabetical order within this section Orange County, North Carolina — Unified Development Ordinance Page 5 -9 Article 5 Uses 29 Section 5.2 Table of Permitted Uses 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) 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 JAA 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 TEMPORARY USES Buildings, Portable 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 Temporary Mobile Home (Use during construction /installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy) FB AUTOMOTIVE / TRANSPORTATION Bus Passenger Shelter * * * * * * * * * Bus Terminals & Garages — Motor Freight Terminals — Motor Vehicle Maintenance & Repair (Body Shop) — Motor Vehicle Repair Garage — %..IallyC �Ivuiny, rvurtn k,arouna — unmea uevelopment Urdinance Page 5 -10 Article 5 Uses 30 Section 5 2 Table of Permitted Uses TABLE OF . ZONING PERMITTED USE A CLASS A SPECIAL USE E3 = CLASS B SPECIAL USE A = SUBJECT TO SPECIAL STANDARDS DISTRICTS GENERAL USE ZONING USE TYPE 01 AS El 11 12 13 PI 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) A' Motor Vehicle Services Stations Parking As?r+asiple 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 * * * * * I * * * * * I * * * * I I * * * * 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 16 Staff is suggesting this typographical error be corrected as part of this UDO amendment See Section 514 1 5 15 1 for special standards Orange County, North Carolina — Unified Development Ordinance Page 5 -11 Article 5: Uses 31 Section 5 2 Table of Permitted Uses — 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) Assembly Facility Less Than 300 Cemetery g * g g g g g g g Church * * * * * * * * * Clubs or Lodges, Social, Fraternal or Union Clubhouses Community Center g g g g g g g g g Crematoria — Historic Sites Non - Residential /Mixed Use A A A Kennels, Class I Research Facility Research Lands & Installations, Non - profit Rural Heritage Museum g g g g Rural Special Events A Special Events (Less than 150) - VUIILy, V.UI LII %,arvuna - unmea veveiopment urainance Page 5 -12 Article 5 Uses 32 Section 5 2 Table of Permitted Uses 523 Table of Permitted Uses — Conditional Zoning Districts AGRICULTURAL USES Agricultural Processing Facility Agricultural Processing Facility, Community Agricultural Services Uses Cold Storage Facility 17 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, Qtnrn99 A PFOG8SSing Mill Greenhouses with kOn Premises Sales) 18 Meat Processing Facility, Community Meat Processing Facility, Regional Non -Farm Use of Farm Equipment Fad+Rg-Stable 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -22 Article 5 Uses 33 Section 5 2 Table of Permitted Uses TABLE OF . USES — CONDITIONAL Z• DISTRICTS PERMITTED USE CONDITIONAL . DISTRICTS USE TYPE .■ ■, 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, Budding & Trade Rural Guest Establishment Country Inn Country Store Finance & Insurance (Sector 52) Funeral Homes Garden Center with kOn Premises Sales) GFeeRhouses rni n., PFeRilses Safe_ )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 Orange County, North Carolina — Unified Development Ordinance Page 5 -23 Article 5 Uses 34 Section 5 2 Table of Permitted Uses TABLE OF . USES — CONDITIONAL Z PERMITTED USE CONDITIONAL ZONING USE TYPE .D D, NOTE Applications for Conditional Zoning Districts must list specific uses for consideration /approval Greenhouses (On 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 Mayor 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 Vrange Uounty, North Carolina — Unified Development Ordinance Page 5 -24 Article 5 Uses 35 Section 5.2 Table of Permitted Uses TABLE OF ► USES — CONDITIONAL Z PERMITTED USE CONDITIONAL ZONING USE TYPE -► 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 Squads, Volunteer Fire Departments 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -25 Article 5 Uses 36 Section 5 2. Table of PPrmrttari I isec TABLE • ONDITIONAL ZONING PERMITTED USE USE TYPE CONDITIONAL ZONING NOTE Applications for Conditional Zoning Districts must list specific uses for consideration /approval Printing & Lithography Sawmills Winery, production only MEDICAL USES Animal Veterinary Hospitals Veterinariaps 21 Health Services Over 10 000 Scl Ft Health Services Under 10,000 Scl Ft Hospitals Veterinary Clinic Veterinary Clinic, mobile 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 21 Will be moved to alphabetical order within this section orange County, North Carolina — Unified Development Ordinance Page 5 -26 Article 5 Uses 37 Section 5 2 Table of Permitted Uses 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 (Body Shop) Motor Vehicle Repair Garage Motor Vehicle Sales Rental (New & Used) vianye t,ounry, rvorin varouna — unmea Uevelopment Ordinance Page 5 -27 Article 5 Uses 38 Section 5 2 Tahle of Pormiffari I icac I ABLE OF • IZES — CONDITIONAL Z PERMITTED USE USE TYPE CONDITIONAL ZONING MPD-CZ •A NOTE Applications for Conditional Zoning Districts must list specific uses for consideration /approval Motor Vehicle Services Stations Parking As P;mGipla 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 UDO amendment orange county, Non:n tearouna — unitied Development Ordinance Page 5 -28 Article 5 Uses 39 Section 5 2 Table of Permitted Hsp- TABLE OF • 1 SES — CONDITIONAL Z PERMITTED USE USE TYPE CONDITIONAL ZONING 'D NOTE Applications for Conditional Zoning Districts must list specific uses for consideration /approval 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 orange Lrounty, North Uarouna — Unified Development Ordinance Page 5 -29 Cam] Article 5. Uses 40 Section 5 3 Application of Use Standards 5.31 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 4517 establish additional standards for update =J specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning Districts 3.2 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 competent m erial and substantial evidence, in the form of testimony, exhibits, documents odels, plans and other materials, that the application meets the require ents for approval of a Special Use, and (2) The Board of County Commissioners or Board of Ad�ustme shall make written findings certifying compliance with the specific rules gove ing such individual ecial Use and that the use, which is listed as a Spec I Use in the district in w hit is proposed to be located, complies with all r quired regulations and stan \acco ding the following general condition (a) e will maintain or promote the p lic health, safety and general , if located where proposed a developed and operated ing to the plan as s ubmitted (b) The use ill maintain cb enhan the value of contiguous property (unless th se is a public ne ess,ty, in which case the use need not maintain or a hance the v e of contiguous property), and (c) The location an hara r of the use, if developed according to the plan submitted, will be i h rmony with the area in which it is to be located and the use is in co Hance with the plan for the physical development of the County as bo d in these regulations or in the Comprehensive Plan, or portion ereof, a pted by the Board of County Commissioners A Specific Standards In addition to the gener I standards stated in Sectio 5 3 2(A), the following specific standards shall be a ressed by the applicant before a issuance of a Special Use Permit (1) Metho /and adequacy of provision of sewage dispo I facilities, solid waste, and (2) thod and adequacy of police, fire and rescue squad pr ection (3) Method and adequacy of vehicular access to the site and tra conditions around the site Other use specific standards as set forth herein (C) Specific Standards for Class A Special Use Permits Within Hillsborough D In addition to the general and specific standards for all Special Use Permits, the fo wing standards shall be addressed by the applicant before the issuance of a Class A Spe I Use Permit within the Hillsborough Economic Development District (1) General Provisions Orange County, North Carolina — Unified Development Ordinance Page 5 -30 There are no changes on this page it is Included to put the change on the next page into context Article 5 Uses 41 Section 5 6 Standards for Commercial Uses In addition to the information required by Section 2 7, the following informati shall be supplied as part of the application for approval of this use (a) A description of the type facility planned, the number of occup ts, and 5.6.2 Massage Busine the development schedule (b) A site plan showing existing and proposed contours Pr osed Must comply with the Ordinance for the Control of MassaXall sage buildings, parking, access, service, recreation, landsc ed and screened Establishments areas T The submittal of construction plans for all existing and prongs Other criteria as set forth in sections 6 2 11 and 3 (d) A statement concerning the provision of pub] services which shall cross sections showing the proposed use of all portiobuil i gs include fire, police and rescue protection (2) Standar of Evaluation — (a) Ade ate parking, access and sery a areas are provided for the site (b) Parking, ervice areas and bull gs are adequately screened from adjacent re idential uses (c) Improved recr tional face ies are provided for occupants (d) Other criteria as s fo in sections 6 2 11 and 6 3 (e) Letters from public a ice agencies attesting to the adequacy of the provision of publi servi s such as fire, police and rescue 56.1 Nightclubs, Bars and Pubs (A) General Standards r Evaluation (1) Buildings or nightclubs, bars and pubs shall not a located within 200 feet of a reside e 5.6.2 Massage Busine (A) Gene Standards for Evaluation (1) Must comply with the Ordinance for the Control of MassaXall sage Establishments (2) T The submittal of construction plans for all existing and prongs housing the massage business The construction plans s f or plans cross sections showing the proposed use of all portiobuil i gs (3) For existing buildings, certification by the Orange County pector at the structure(s) complies with the North Carolina Budding ll related construction codes 5 6 3 Garden Center (A) General S tandards 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -47 Article 5- Uses 42 Section 5 6 Standards for Commercial Uses (4) Land use buffeics shall be pFGvlded in aGGGrdanGe with the requiFements-4 S26tfGn 6 g 23 4 Junkyards (A) Standards for Class A Special Use Permit (1) Submittal Requirements — In addition to the information required by Section 2 7, the following info ation shall be supplied as part of the application for approval of this use (a) Detailed plans and specifications for the site screening pr posed (b) Description of type and number of motorized machine to be employed upon site (c Indicate on the site plan the extent of area to be sed for the storage of dunked or wrecked motor vehicles (2) Standa s for Evaluation - (a) Th site shall be screened from adlace property by a minimum of an eigh cot high solid fence or equal, u i terrupted except for required vehicle ccess points (b) No mater shall be stored clo r than 50 feet to the public right of way or 30 feet to a property lines (c) Site is of adequ a size to otect adjacent properties from adverse effects of the dunk rd 5 6 5 Kennels (Class II) (A) Standards for Class B Special a Per (1) Submittal Requirem ts- In addition to the i rmation required by ection 2 7, the following information shall be supplied s part of the application approval of this use (a) Plans or all kennels, exercise yards, d runs, pens and related im ovements, including signage (b) ite plan showing the improvements listed in ) above, other structures on the same lot, and structures on adjacent pr erty (2) St dards of Evaluation — a) The site is of adequate size to protect adjacent prope *es from adverse effects of the kennel (b) No part of any building, structure, dog run, pen, or exercise and in which animals are housed or exercised shall be closer than 150 fee rom a property line, except property occupied by the owner /operator o the kennel These minimum distances shall not apply if all portions o he facility, in which animals are housed, are wholly enclosed within a 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -48 Article 5• Uses 43 Section 5 6 Standards for Commercial Uses (c Any kennel, including primary enclosures or runs, which is not wh y enclosed within a building shall be enclosed by a security fenc at least fI et in height (d) The s' plan shows parking, access areas and scree g devices for all buildings nd animal boarding facilities existing or oposed for the property (e) The site plan sh be reviewed by the Ora e County Animal Services Department, and fo d in conformance ith the Animal Control Ordinance (f) Building plans for all kenne ies shall be reviewed and approved by the Orange County Animal ces Department prior to issuance of any building permits (g) A sign clearly visibl rom the ground s II be posted at the main entrance to the cility and shall contain th names, addresses, and telephone n e- rs where persons responsib for the facility may be contacte t any hour of the day or night The s" n shall comply with dimen onal requirements as set forth within this 0 nance (h) lass II Kennel Permit shall be obtained from Orange ounty Animal Services within the first 30 days of occupancy Failure to o in and maintain a valid Class II Kennel Permit or other related permit hick maybe required by the USDA or Wildlife Resources Commission ill result in revocation of the Special Use Permit 5 6 6 Riding Stables24 (A) Standards for Glass B Special i u Use Permit 0T Submittal Requirements 24 Moved to Section 5 13 16. Orange County, North Carolina — Unified Development Ordinance Page 5 -49 M • Article 5. Uses 44 Section 5 6 Standards for Commercial Uses 567 Rural Guest Establishment Bed & Breakfast (A) General Standards (1) Submittal Requirements (a) A site plan, prepared in accordance with the r/buildings of Section Itle change only containing the following (Per Section 2 5 2 presign and certification is not required for Rural Guest Ess with thr e guestrooms or less —bed & breakfasts ) (1) Location, width, and type of all internaand edestrian circulation, and parking requirements (ii) Location and dimensions of all on site (ui) Boundaries of the site 'v) Location of well and septic system (b) De cription of the proposed use(s) of the site dings thereon, inclu ing the following (1) mount of area allocate/for e (ii) N ber of full and part es (iii) Num r of clients and /oexpected to use the facility (iv) Propose hours of operresidential uses of the site and within uildings the (c) Building plans for all isting proposed structures to include floor plans, elevations, and s cti s showing restoration /rehabilitation proposed (d) Landscape plan, at the am scale as the site plan, showing existing or proposed trees, shru s, groun cover and other landscape materials (Landscape inform ion is often own on the base plan for small projects Each tr a does not have o be individually identified, showing an "existing tre line" is often sufficie t for large lots, where the bulk of the property r mains wooded ) (e) Statemen rom the appropriate public se ice agencies concerning the method nd adequacy of water supply and astewater treatment for the pr000 d uses (f) Sta ment from the appropriate public service a ncies concerning the P, on of fire, police and rescue protection to th site and structures (g) he proposed development schedule for the site (h) Outdoor events (e g weddings, receptions, parties) or si ilar activities conducted for compensation shall be permitted, only if the is sufficient overflow parking available on site Overflow parking does n 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 documenta i n shall not be limited to the easement deed, but may also include copies f road maintenance agreements as determined by the Planning Director Orange County, North Carolina - Unified Development Ordinance Page 5 -50 } A Article 5• Uses 45 Section 5 6 Standards for Commercial Uses (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 5.68 Rural Guest Establishment: Bed & Breakfast Inn Standards for Class B Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in Itle change only accordance with the requirements of Section 2 5, containing the following (i) Location, width, and type of all internal vehicular an 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 ne rest residential structures (b) Descrip n of the proposed use(s) of the sit and the buildings thereon, including t e following (1) Am\ofents llocated to ea use (ii) Nud part time mployees (iii) Nus and /or ccupants expected to use the facility (iv) Proof op ation for non residential uses of the site and ereon (c) Building plans for all exis g r proposed structures to include floor p/tree levations, and ctions howing restoration /rehabilitation pd (d) Lape plan, the same scale a the site plan, showing existing or pd trees, rubs, ground cover d other landscape materials (ape in rmation is often shown o the base plan for small p E tree does not have to be in idually identified, showing atin tree line" is often sufficient for lar lots, where the bulk of th rty remains wooded (e) Sent from the appropriate public service agen ies concerning the m and adequacy of water supply and wastewat treatment for the D d uses (f) Statement from the appropriate public service agencies co erning the provision of fire, police and rescue protection to the site and \activit ( The proposed development schedule for the site (h) Outdoor events (e g weddings, receptions, parties) or similaconducted for compensation shall be permitted, only if there overflow parking available on site Overflow parking does not have to t paved or graveled but must be on a suitable (even) surface Orange County, North Carolina — Unified Development Ordinance Page 5 -52 A 0 Article 5 Uses 46 Section 5 6 Standards for Commercial Uses (1) The site shall meet the landscaping and buffer requirements establi ed in Section 6.8 of this Ordinance However, property recognized the state or the county as a historic site, or as containing a signific t historic structure, shall receive a full or partial waiver of the road -fro land use buffer to maintain the historic character of the site and th traditional view of the house from the roadside (m) a applicant shall be responsible for satisfying a review and permitting req ements of other public agencies, includin ut not limited to NCD driveway permits (n) The minim lot size for a Bed & Break st Inn using a private well and septic syste hall be no less than fi acres A Bed & Breakfast Inn may be permitte on lots of less th five acres if the tract is currently served by public w er and sew , subject to the review and approval of the appropriate agen s an a Staff Engineer (3) Expiration and Re- Approval of P (a) The Class B Special se Per it, if approved, shall be valid for six years, but may be renew d or re -appro d by the Board of Adjustment after receiving a rep from the Planntn Department that the use is, and has been contin usly since it was issue , in compliance with provisions of the Speci Use Permit (b) The ange County Planning Departments II present its report on the co ipliance of the special use no later than 90 ys before the expiration the Special Use Permit (c) The Board of Adjustment shall not renew the Special e Permit if it is determined that the applicant has failed to comply with t conditions of approval (d) If the Board of Adjustment does not renew the permit, the perm 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 56.9 Rural Guest Establishment Country Inn (A) S dards for Class A Special Use Permit (1) %bmttacIsReq uirementsplan prepared by an appropriately licensed profession Title change onlv ance with the requirements of Section 2 5, contat the (1) Loc n, width, and type of all intern ehicular and pedestrian circulatio and parking require s (u) Location and ensions o on site signage (iii) Location of well and tic system (iv) Boundaries of a site and tance to nearest residential structure (b) Description the proposed use(s) of the site d the buildings thereon, include he following Amount of area allocated to each use (u) Number of full and part time employees (iii) Number of clients and /or occupants expected to use the fact Orange County, North Carolina — Unified Development Ordinance Page 5 -54 Article 5• Uses 47 Section 5 6 Standards for Commercial Uses (d) I of County Commissioners does not e permit, the permit shall becom d void e expiration of the time limit (e) If the Spec ermit is not renewe o ved, then the cant may submit a new application as if it were a ne 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 groundwater per day per aGFe of let area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall deta11.25 (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (n) 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 wi4 are expected to be affected by withdrawals made by the proposed use (2) Site shall have direct access to a mayor road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise 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 The amount of water used by an average single family residence, constructed at the density the existing zoning district allows, is used as the baseline standard because residences are the predominant land uses in the county and the most likely "by right" uses to be constructed Text shown in blue was presented as a change to the proposed text at the February 24, 2014 quarterly public hearing Text shown in green is clarifying text added after the quarterly public hearing in response to questions at the public hearing PLEASE NOTE THAT THIS FOOTNOTE PERTAINS TO ALL PROPOSED USES THAT INCLUDE THIS PROPOSED REQUIREMENT Orange County, North Carolina — Unified Development Ordinance Page 5 -57 Article 5 Uses 48 Section 5 6 Standards for Commercial Uses (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 11 Mrcrobrewery with Malor Events (A) 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 249 gallans e# groundwater per day per aGre ^f lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail• W The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 vv+l4 are expected to be affected by withdrawals made by the proposed use Orange County, North Carolina — Unified Development Ordinance Page 5 -58 Article 5. Uses 49 Section 5 6 Standards for Commercial Uses (2) Site shall have direct access to a 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 5 6 12 Taxide (A) Standards for Class B Special Use Permit (1) Enterprises located in an AR zoning district must be located on a bona fide farm (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 5 6 13 Winery 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 peF aGFe of !Gt area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken Orange County, North Carolina — Unified Development Ordinance Page 5 -59 Article 5. Uses rrn Section 5 6 Standards for Commercial Uses into account when determining if a comprehensive groundwater study is required Said study shall detail (1) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (u) 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 "are expected to be affected by withdrawals made by the proposed use (2) Site shall have direct access to a mayor 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 Mayor 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. (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 then 240 gallons of groundwater peF day per @Gre cf I,^t u,ea on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may Orange County, North Carolina — Unified Development Ordinance Page 5 -60 Article 5 Uses 51 Section 5 6 Standards for Commercial Uses use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail (1) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 w44 are expected to be affected by withdrawals made by the proposed use. (2) Site shall have direct access to a 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) Mayor 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 5.6.15 Country 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -61 571 Article 5• Uses 52 Section 5 7 Standards for Recreational Uses (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gall,. f groundwater per day per aG e of Ief area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g , water usage by bona fide farm uses is not required to be included), (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 w+4 are expected to be affected by withdrawals made by the proposed use I Facilities (A) \ General Standards of Evaluation (T)\,\ The standards included herein shall be applied to the recreational facilities ( Tennis clubs, (b) Swim clubs, (c) Ra uet ball, (d) Squas lubs, (e) Pitch and p courses, (f) Amusement are (g) Bowling alleys, (h) Skating rinks, (1) Shooting ra es, Q) Billiard d pool halls, (k) Ind r athletic facilities and (1) ther similar uses (2) Th minimum lot area shall be two acres (3) o building shall be closer than the minimum requirements of e district or 20 feet to the public right of way or private property line, whichever i reater (B) tandards for Class B Special Use Permit (1) Submittal Requirements Orange County, North Carolina — Unified Development Ordinance Page 5 -62 Article 5 Uses 53 Section 5 8 Standards for Childcare & Educational Facilities ire Marshal shall approve a pollution incident prevention o1 a storage facility prior o cupancy permits (0) If additional or accessory land use sired, the facility owner shall cause a new site plan to be created outh , ocation and na he proposed new land use, demonstrate pliance with this Ordinance P e County shall approve a construction schedule to complete the items liste a 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 ga!!^ groundwater per day per -asr-e ef- let -area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 w+tl are expected to be affected by withdrawals made by the proposed use (3) Site shall have direct access to a mayor 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 5.8.1 Davcare Center in a Res (A) Submittal Requirements (1) p n to the information required by Section 2 4 3, the shall show the following Orange County, North Carolina - Unified Development Ordinance Page 5 -75 Article 5• Uses 54 Section 5 8 Standards for Childcare & Educational Facilities (h) All buildings associated with the operation of the cooperative shall be designed to be harmonious with the character of the zoning district and neighborhoods in which it is proposed to be located (i) The applicant must demonstrate its compliance with the definition of "Non- Profit Educational Cooperative" as contained in Article 10 of this Ordinance 584 Schools Elementary, Middle and Secondary (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Sections 2 7 3 and 5 3 2, the following information shall be submitted as part of the application (a) 26 copies of the site plan prepared in accordance with Section 2 7 3 of this Ordinance and with the following additional information shown on the plan (1) Total student capacity of school as designed, (u) Total number of employees at time of greatest shift, (iii) Number and dimensions of designated parking spaces for school buses, (iv) Number of designated parking spaces for employees, (v) Number of visitor parking spaces, (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 => (f) A Biological Inventory, prepared in accordance with Section 5 4 -517 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -79 Article 5 Uses 55 Section 5 13 Standards for Agricultural Uses k) The Operations Plan and the Rehabilitation Plan shall be coordinated/10 that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation procee in concert with extraction (1) N and disturbance shall take place within 250 feet of the oning lot line or th roperty line where the zoning line and the prope line are one and the ame Within the 250 foot setback area, exis g vegetation shall be r fined for the purpose of providing a vis screen and noise buffer No ' turbance or removal of vegetation all be permitted except for acc s roads leading from the exca tion area to public roads Where ve tation within the 250 foot etback does not exist, the applicant shall be re wired to provide a d se, evergreen buffer consistent with the pur ose cited abov The buffer shall be in place prior to the initiation of a excavatio activities (m) The applicant shall submit o ra nal reports, prepared on an annual basis, detailing the amounts of aterials extracted, extent of extractive area, depth of extractive are , an esults of groundwater test borings. (n) Annual inspections of th operation s II be conducted by the Planning Director following sub ittal of the annua operations reports to determine compliance with th rovisions of the Spec I Use Permit (o) In cases of aba onment or termination of op tions for a period of 12 consecutive onths, application for a new Speci Use Permit is required (p) The Bo rd of County Commissioners shall require for a extractive uses a pe rmance guarantee to insure that the provisions of t R abilitation Plan are met Such performance guarantee s II be in a rm approved by the County Attorney The amount of such g rantee shall cover the cost of rehabilitation on a per acre basis, if the co does not exceed the amount posted with the State If the rehabilitation c t exceeds the amounts required by the State then the difference shall b made up in a bond to Orange County (SECTION 5.13: STANDARDS FOR AGRICULTURAL USES 5.13 .1 G al Feeder OperatjG. 26 (A) General Standards 26 This is a bona fide agricultural use and cannot be regulated by zoning so staff is suggesting it be removed from the UDO Orange County, North Carolina — Unified Development Ordinance Page 5 -120 Article 5 Uses 56 Section 5 13 Standards for Aqricultural Uses 513.2 Agricultural Processing Facility (A) General Standards for Evaluation (1) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gall^ ^c ^t groundwater peF day peF ^^:^ of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 W44 are expected to 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 thaR 249 galle groundwater per day ^^F ^ ^r^ e€ let -area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail Orange County, North Carolina — Unified Development Ordinance Page 5 -121 Article 5. Uses 57 Section 5 13 Standards for Aqricultural Uses (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 w+44 are expected to 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 Fac (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 Orange County, North Carolina — Unified Development Ordinance Page 5 -122 Article 5. Uses ,,q Section 5 13 Standards for Agncultural Uses (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 galle of groundwater peF day per aGFe of let ;re;; on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail. (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included); (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 w+ll are expected to be affected by withdrawals made by the proposed use 5 13.7 Cooperative Farm Stand (A) General Standards for Evaluation (2) 28 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 and 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 a mayor 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 Z' The County Attorney's office has advised that this standard is legally insufficient and must be removed Removal of this standard means that within the AR zoning district, a cooperative farm stand can be located, subject to standards, on parcels that are not considered bona fide farms 28 Renumbering will automatically occur after (1) is removed Orange County, North Carolina — Unified Development Ordinance Page 5 -123 Article 5• Uses 59 Section 5 13 Standards for Agricultural Uses (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 gallops-ef groundwater per -- �er acre ef-IGt -area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 Wi4 are expected to be affected by withdrawals made by the proposed use 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 mayor 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- ga4Gns Gf groundwater per-day-per aGre of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail Orange County, North Carolina — Unified Development Ordinance Page 5 -124 Article 5, Uses 60 Section 5 13 Standards for Agricultural Uses (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 w+4 are expected to 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 thaR 240 galle+as of groundwater per day per ae-re of let -area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 w+14 are expected to 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 (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. Orange County, North Carolina — Unified Development Ordinance Page 5 -125 Article 5 Uses 61 Section 5 13 Standards for Agricultural Uses (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240 gall^^ ^f groundwater peF day per ^ ^r^ ef-let area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 w4 are expected to 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. 513 13 Meat Processing Facility, Community (A) General Standards for Evaluation zs (2) 30The 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 +e to the rear yafd 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 g@1I9 ,S 9 groundwater per day per ^era of let ^ a on an 29 The County Attorney's office has advised that this standard is legally insufficient and must be removed Removal of this standard means that within the AR zoning district, a community meat processing facility can be located, subject to standards, on parcels that are not considered bona fide farms 30 Renumbering will occur automatically after (1) is removed. Orange County, North Carolina — Unified Development Ordinance Page 5 -126 Article 5 Uses 62 Section 5 13 Standards for Agricultural Uses annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail. (1) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (u) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity, and (in) An analysis of whether other wells in the vicinity of the proposed use w+44 are expected to be affected by withdrawals made by the proposed use 513.14 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 a 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 galle groundwater peF day per ^^r-e of lot area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity, and Orange County, North Carolina — Unified Development Ordinance Page 5 -127 Article 5. Uses 63 Section 5 13 Standards for Agricultural Uses (c) An analysis of whether other wells in the vicinity of the proposed use w+4 are expected to be affected by withdrawals made by the proposed use 513.15 Non -Farm Use of Farm Equipment (A) General Standards for Evaluation (1) Use shall he IGGated a a bona fide farm 31 (2) 32 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 Riding Stables, Commercial33 (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 (c) A comprehensive groundwater study, for facilities expected to use more th ^n 240 galleRs of groundwater per day per ^ ^f let area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail (1) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (u) 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 w+4 are expected to be affected by withdrawals made by the proposed use 31 The County Attorney's office has advised that this standard is legally insufficient and must be removed Removal of this standard means that farm equipment could be stored, subject to standards, on parcels that are not considered bona fide farms. 32 Renumbering will occur automatically after (1) is removed. 33 Language shown in black text (existing) is proposed to be moved from existing Section 5 6 6 Orange County, North Carolina — Unified Development Ordinance Page 5 -128 Article 5 Uses rA Section 5 13 Standards for Aciricultural Uses (2) Standards of Evaluation — (a) The site is of adequate size + pFeteGt d + properties f _ adverse effects of the „d,, g st Minimum lot size 5 acres for up to 10 horses, increasing by' /z 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 a mayor 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 248 gafle groundwater per day peF ^pre of let area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail. Orange County, North Carolina — Unified Development Ordinance Page 5 -129 Article 5• Uses 65 Section 5 14 Standards for Manufacturing, Assembly & Processing8F (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), (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 w+44 are expected to be affected by withdrawals made by the proposed use 5 14 1 Metal Fabrication Sho (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 t" ^^ 240 galle groundwater per day peP ^ ^r^ of let area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the sarne lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g , water usage by bona fide farm uses is not required to be included), 34 New section will require subsequent sections in Article 5 to be renumbered Orange County, North Carolina — Unified Development Ordinance Page 5 -130 Article 5• Uses 66 Section 5 14 Standards for Manufacturing, Assembly & Processing8F (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 w+4 are expected to 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 (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 a 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 thaa240 galle s s# groundwater per day peF aG-re of let area on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required Said study shall detail. (1) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e g., water usage by bona fide farm uses is not required to be included); (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 wi 4 are expected to be affected by withdrawals made by the proposed use Orange County, North Carolina — Unified Development Ordinance Page 5 -131 Article 5• Uses 67 Section 5 15 Standards for Automotive /Transportation Related Uses 5.15.1 Motor Vehicle Sales/ R—entsUNew & Used) in the NC,2-Z-bnmg District (A) Standards for the NC -2 (1) This use shall a permitted wiRir�t e Commercial Transition Activity or Com a -industrial Transition Activity No nd use classifications, as signated on the Land Use Element Map of the a Comprehensive Plan The site shall have direct access onto a State maintained ro / (3) A maximum of 12 cars may be stored or displayed on -site SECTION 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 be located a minimum of 100 feet from the property line 516 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 Orange County, North Carolina - Unified Development Ordinance Page 5 -132 Article 5 Uses 68 Section 5 17 Standards for Miscellaneous Uses (b) The site shall have direct access to a collector or arterial street (c) There shall be adequate space within the site for the parking and maneuvering of funeral cartilages (d) No interments shall take place within 30 feet of any lot line 5.17 4 Historic Sites Non Residential Reuse /Mixed Use (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2 7, the following shall be supplied as part of the application (a) The site plan, prepared by an appropriately licensed professional, shall also contain the following (i) Location, width, and type of all internal vehicular and pedestrian circulation Location and dimensions of all on site signage (iu) 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 (1) 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) Budding 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 5 -4417 4(A)(1) Orange County, North Carolina — Unified Development Ordinance Page 5 -134 Article 5• Uses gg Section 5 17 Standards for Miscellaneous Uses 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 (1) 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 wastewater treatment source Section reference 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 (1) An undisturbed buffer is required around the boundary of habitats of rare, threatened, or endangered species as shown on the biological inventory Buffer width shall be determined by site evaluation in consultation with the applicant's biologist and County staff, (ii) Habitat enhancements as described in the biological inventory shall be made for a broad range of species to help mitigate the loss of wildlife habitat during construction Examples include a Preserving, planting, and maintaining a variety of native vegetation (also dead trees and snags), b Installing structures conducive for nesting such as bird houses or bat boxes designed and located for various species, or C Creating wetlands, (iii) Conservation easements or other acceptable means such as dedication to a public agency, or conservancy or a homeowner's association are required to protect wetlands and other habitats while insuring proper long -term maintenance, and (iv) Provide barriers or fencing, and signage at the edge of habitat buffers to prohibit vehicular and pedestrian access Limited access may be allowed if proposed in a sensitive manner for environmental education purposes (d) Landscaping and Buffers Orange County, North Carolina — Unified Development Ordinance Page 5 -139 Article 5. Uses 70 Section 5 17 Standards for Miscellaneous Uses (i) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application, (u) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates The system design and plan for operation will be evaluated based on efficiency, and (iii) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative (1) Habitat Maintenance (1) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and /or a conservation easement agreement, and (ii) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly �) Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County (k) Maintenance of Improvements (1) All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc will be maintained in function and appearance (ii) Maintenance specifications, if any, for on -going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan and incorporated into Homeowners' Association 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 Orange County, North Carolina — Unified Development Ordinance Page 5 -141 Article 5 Uses 71 Section 5 17 Standards for Miscellaneous Uses (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 Orange County, North Carolina — Unified Development Ordinance Page 5 -142 Article 6 Development Standards 72 Section 6 2 Lot & Building Standards (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 Zo velopment subdivision as provided in Section 7 13 of this Ordinan (C) Flag L (1) Flag is as defined in Article 10 are accommodated Section 7 7 of th i Ordinance 623 Cluster (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 conta a minimum of o acre (B) All Other Overlay Di acts Clustering of X ial lots is permitted in accordance wi Section 7 13 of this Ordinance 624 Irreqular Any irr ular lot of record at the time these regulations became effective may be sub vided in co lance with applicable subdivision regulations and improvement requirements, to cr to 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(B), 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 Orange County, North Carolina — Unified Development Ordinance Page 6 -2 It Article G. Development Standards 73 Section 6 2 Lot & Building Standards (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) tThe 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 52.1). 6 21, Corner Lot Setback on the Side Street ny corner lot of record in a residential zoning district abutting a side street shall mo the mi mum required setbacks of the zoning district in which it is located, provided, Xwever, that this r uirement does not reduce the width of area suitable for building to less tKan 25 feet Figure &? 7• Corner Lot Setbacks on Side Street ❑ Buildable Area Front Yard Set ck Side Yard Setback N d n n M fD � T ' O 3 � d U � S Front Y Setback Side Street 6 2 8 Additional Set cks Required in for Non - Residential Lots Abutting esidential Zoning Districts In all non esidential zoning districts, except 1 -1, 1 -2, 1 -3, and El, required side a rear setbacks adjacept to residentially zoned land, shall be equal to the required side or rear set ck of the adiagent residential district 6.2.9 /Permitted Proiections Into (A) Certain architectural features, such as cornices, eaves and gutters, may project into the\ required open space as follows \ Orange County, North Carolina — Unified Development Ordinance Page 6 -3 I Article 6• Development Standards 74 Section 6 4 Performance Standards e following general provisions are applicable to MPD -CZ applications and per fitted use, special use, accessory use, and conditional use in Economic Develd)xnent Districts / (1) All es and activities must provide secure, safe, and sanit facilities for the storage nil pickup of solid waste and recyclables Suc -- .'hies must be convenien collection and must be appropriate to t type and size of use or activity being rved (2) All solid waste a�andcycl ables storage facile s must be screened in accordance with Sections 6 of this O rdina (3) All uses and activities must ove cyclable materials from the solid waste generated and make them avai a for recycling Recyclable materials, consisting of glass, metal ca pla 'c containers, corrugated cardboard and white office paper, newsp ers, and m or oil, must not be mixed with or disposed of with other lid waste (4) All uses and actin' es shall remove or cause to removed all solid wastes from the site or pro rty before harborage of such wart reates a health hazard (5) Each M er Plan and site plan must be accompanied b Solid Waste Man ment Plan, including a recycling plan and a plan for e management of c truction and land clearing debris The recycling plan must ovide era nformation regarding the type and quantity of recyclable matls penerated 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. 6 410 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(13)) If not included as part of this amendment package, additional standards (Article 5) may need to be added for some uses Orange County, North Carolina — Unified Development Ordinance Page 6 -15 (2) The Planning Dlrectorm M 6 8 6 Land Use Buffers Article 6• Development Standards 75 Section 6 8 Landscaping, Buffers & Tree Protection e health and status (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 Imes 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 Orange County, North Carolina — Unified Development Ordinance Page 6 -43 TABLE 6.8.6.D: LAND USE BUFFERS ZONING OR USE OF ADJACENT Fn U PROPERTIES d ¢ F W LU W w w LU Q W N �' d' Q.' C U 0. S N V Z p � (� c7 Cl) U U N = `� _- W w Q y W z U) -i Q w Q it O F- w o U LL J 7 j U U 0 QQ a000 ©oo ©v ©vv - ©0 ©000000000 © © ©O ©0000000 .. � 0000 ©000 ©000 ELI (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 Orange County, North Carolina — Unified Development Ordinance Page 6 -43 No changes are proposed on this page, It Is Included so the buffer table would be readily available. Article 6. Development Standards 76 Section 6 8 Landscaping, Buffers & Tree Protection (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 I OPTION 2 OPTION 3 OPTION DECIDUOUS TYPE WIDTH MIXED OVERHEAD 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 Orange County, North Carolina — Unified Development Ordinance Page 6 -44 Article 6• Development Standards 77 Section 6 8 Landscaping, Buffers & Tree Protection TABLE 6.8.6.F: BUFFER TYPES BUFFER MINIMUM OPTION I OPTION 2 OPTION 3 OPTION 4 TYPE WIDTH MIXED DECIDUOUS 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 Planting 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 bn e g and proposed public and private streets, not in ding alleys (2) To enh e the natural appearance in the rural a s of the County, canopy and understory es shall be planted, and cluster is encouraged However, there must be at leas a 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 anning Director's list of acceptab street tree species (B) Betweerhere lantings 1) a lan d 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 (e of land contained within the ten foot landscape area Orange County, North Carolina — Unified Development Ordinance Page 6 -45 Article 6• Development Standards 78 Section 6 9 Parking, Loading & Circulation TA13LE 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 space per 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, Seed Stec ge and PPGGeSS' g Mill One space per employee on shift of maximum employment GemmeFGial Feeder Open,+ One spaGe ernp!Gyee OR shift of m. I + per Greenhouses with (On Premises Sales3 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 p 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 GFeenhni ices (NE) OR PFem c n gales) One ch f+ of spaGe per empleyee rnaximum empleyme-Rt G i:eeph.,uses (OR Premises gales) Hotels, Motels, Motor Lodges One space per lodging unit, plus one space per employee Orange County, North Carolina — Unified Development Ordinance Page 6 -56 Article 6 Development Standards 79 Section 6 9 Parking, Loading & Circulation TABLE 6.9.7: • 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 & Breakfast One space per guest room, plus one space per employee, plus two spaces for the residence Rural Guest Establishments Bed & Breakfast Inn One space per guest room, plus one space per employee, plus two spaces for the residence Rural Guest Establishments Country Inn One space per guest room, plus one space per employee, plus one 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 retail s ace ones ace per 50 square feet of event area Winery with Major Events Extraction of Earth Products Governmental Protective Services One space per employee plus one space per 300 square feet of retails ace ones ace per 50 square feet of event area EXTRACTIVE USES no requirement GOVERNMENTAL USE One space per employee on the shift of maximum employment Police and Fire Stations no requirement Military Installations National Guard & Reserve Armo MANUFACTURING, Industrial, Light 770ne no requirement ASSEMBLY & PROCESSING space per employee on the shift of maximum employment Industrial, Medium I One space per employee on the shift of maximum employment Orange County, North Carolina — Unified Development Ordinance Page 6 -57 Article 6. Development Standards 80 Section 6 9 Parking, Loading & Circulation TABLE 6.9.7: • REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS 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 An Veterinary Hospitals, "—e,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 USES 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 Orange County, North Carolina — Unified Development Ordinance Page 6 -58 Article 6 Development Standards 81 Section 6 9 Parking, Loading & Circulation 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, Ones ace per employee on the shift of maximum employment Group Care Facilities One space per two beds, Ones ace per employee on shift of the maximum employment Membership Lodges (Sororities and fraternities ) One space per lodging resident member 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 Shop) One space per each service bay and mechanic 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 s ace ner 800 s uare feet of aross floor area Public Utility Stations & Substations, UTILITIES 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 Toxic One space per employee on shift of maximum employment 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 Orange County, North Carolina — Unified Development Ordinance Page 6 -59 r - Article 6. Development Standards 82 Section 6 9 Parking, Loading & Circulation OFF-STREET TABLE 6.9.7: 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_9-$ Determination For Unlisted Uses The,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 determinate , 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 spac>bedi uir is Section results in a fractional space, any fraction of less than one -half may garde d, a ction of one -half or more shall be counted as one parking space 6910 Off - Street Parking DesigjvStandards (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 Orange County, North Carolina — Unified Development Ordinance Page 6 -60 - R 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 ._ Stable, Commercial ensure the nen+mi iei 10 G of the a n;als Lent 9R 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 Proposed 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 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 W Cold Storage Facility 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, for the retail sale of produce, agricultural products, and/ or plants produced on -site and from not more than 4 other cooperative farm partners 2 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 dumping, 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 GWRedileased by, and steFed en, a beRa fide faFFn for non- farmin�q activities away from the a 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 z The County Attorney's office has advised that this language is legally insufficient and must be removed 3 The County Attorney's office has advised that this language is legally insufficient and must be revised as shown 4 Feed Mill A building with machinery and apparatus for grinding and /or bagging grain Guest Ranch 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, IGGated Gn 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 4 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 Mayor 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 4 The County Attorney's office has advised that this language is legally insufficient and must be removed :. 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. 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 Existing Terms no changes 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 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) EM ii 2030 Comprehensive Plan Amendments e No revisions on first two pages - included for 89 ON- ' information only See third page for changes Appendix F: Land Use and Zoning Matrix 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 -1 3 (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 Ora WC&&Mty C"Vreh.e,U-i e Ka w Page F 1 4 Appendix F: Land Use and Zoning Matrix k„ 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 mayor 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) OrcL+W Ca vity Co-nV reYi e vi4 e Pla w Page F-2 O 5 C7 N v CD CD Ul 0 k� 'Tl lam+ cD N O X� ZONING DISTRICTS N +f U U Land Use Classifications & p� c� ri vi �j U U U tj .- — �.; .. 5 x ° Overlays Z U U W 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 ct Transition Activity Node F- Economic Development Transition Activity Node Rural Buffer Rural Residential Agricultural Residential 7 Rural Community Activity Node Rural Neighborhood y Activity Node Rural Industrial Activity Node Publi c Interest Area 0 k� 'Tl lam+ cD N O X� 92 Agricultural Support Enterprises Basic Zoning Program Notes. 1 Some uses listed below already exist within the UDO, 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 UDO (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 Allowed Conditional Zoning Districts in which Allowed Standards Section for Specific Use Agricultural Processing Facility AS, 11, 12, 13 ASE -CZ, MPD -CZ 513.2 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. 93 Type of Use General Use Zoning Districts in which Allowed 2 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 I* 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 • , Type of Use General Use Zoning Conditional Zoning Standards Section for Districts in which Allowed 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* Rural Heritage Museum w/ SUP -B only: RB, AR, LC1, ASE -CZ, CUD 5.17.7 NC2, AS Rural Special Events RB, AR, AS ASE -CZ, MPD -CZ, CUD 5.17.8 Sawmill" AS ASE -CZ 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 Studio (Art)* LC1, NC2, CC3, GC4, 01, 11, MPD -CZ, REDA -CZ -1, CUD None 12,13 Taxidermy LC1, NC2, CC3, GC4, 11 ASE -CZ, CUD 5.6.12 w/ SUP -B only: AR LC1, NC2, CC3, GC4, EC5, ASE -CZ, MPD -CZ, CUD 5.16.1 Veterinary Clinic 01, 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 95 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) 4 .A Attachment 4 — Excerpt of Minutes APPROVED 4/15/2014 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PUBLIC HEARING February 24, 2014 7:00 P.M. The Orange County Board of Commissioners met with the Orange County Planning Board for a Quarterly Public Hearing on February 24, 2014 at 7:00 p.m. at the DSS Officers, Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney) COUNTY STAFF PRESENT: Interim County Manager Michael Talbert and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) PLANNING BOARD MEMBERS PRESENT: Planning Board members Maxecine Mitchell, Johnny Randall, Paul Guthrie, Herman Staats, Tony Blake, and H.T. "Buddy" Hartley PLANNING BOARD MEMBERS ABSENT: Chair Pete Hallenbeck, Lisa Stuckey, Andrea Rohrbacher and James Lea Chair Jacobs called the meeting to order at 7:03 pm. He reviewed the following items at the members' places: - Booklet/Blue Sheets /Cream Sheets /PowerPoint — Item C -1 — Class A Special Use Permit - Letter — Item C -3 - Unified Development Ordinance (UDO) Text Amendment A. OPENING REMARKS FROM THE CHAIRS B. PUBLIC CHARGE The Chair dispensed with the reading of the public charge. C. PUBLIC HEARING ITEMS 5. 2030 Comprehensive Plan and Unified Development Ordinance (UDO) Text Amendments - To review government- initiated amendments to the text of the UDO to establish a zoning program commonly referred to as Agricultural Support Enterprises (ASE) outside of the Rural Buffer land use classification. Perdita Holtz reviewed the following PowerPoint slides: Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification Quarterly Public Hearing February 24, 2014 Item C.5 History & Purpose of Amendment 97 A work -in- progress since 2001 ➢ Need for Conditional Zoning construct was one of the "sticking points" ➢ We now have this type of zoning in the UDO Augment allowable uses famers 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. ➢ Balance between rights of property owner and rights of neighboring property owners Two Proposed ASE Amendments • Outside of Rural Buffer land use classification • Within Rural Buffer land use classification - Requires amendments to Joint Planning Area documents • Orange County, Towns of Chapel Hill & Carrboro must approve JPA amendments - Will be on longer review /approval timeframe - The more intensive uses could not be considered in the Rural Buffer, under the current proposal Comprehensive Land Use Map Unified Development Ordinance & Comprehensive Plan Amendments • Add provisions for ASE into the UDO. • "Agriculture ", as defined in the State statues, remains exempt from zoning regulations. • Comprehensive Plan amendment to allow new zoning district in certain land use categories ASE Program (Zoning /Land Use) • Create new conditional zoning district (ASE -CZ) • Add additional permitted uses to some of the existing general use zoning districts • Create standards for many of the new uses • Update some existing development standards • Add definitions • Amend Land Use /Zoning Matrix in Comprehensive Plan Project Review /Approval Process • Depends on use being proposed and current zoning of property • Three basic processes: • Staff review /approval • Special Use Permit • Class B is reviewed /approved by Board of Adjustment • Class A is reviewed /approved by Board of County Commissioners • Rezoning • General Use district • Conditional district Use Specific Standards • Help mitigate impacts • Balance between rights of neighboring /nearby property owners • Standards address issues such as: W • Location on major roads • Additional setback requirements • Noise • Hours of Operation • Groundwater usage • Building size • Minimum lot size In addition to all requirements in the UDO Permitted Outright vs. SUP or Conditional Zoning • Less intensive uses added to the Table of Permitted Uses as permitted outright (example for AR zoning district; other zoning districts are also affected) • Subject to use - specific and general development standards • Community Agricultural Processing Facility • Community Farmers Market • Cooperative Farm Stand • Community Meat Processing Facility • Non -Farm Use of Farm Equipment • Rural Special Events • Check "Definitions" to see how these uses are defined • Staff approval • More intensive uses must be permitted through either the Special Use Permit process or rezoned as an ASE -CZ • Class B Special Use Permit (in AR zoning district): • Microbrewery with Minor Events • Taxidermy • Winery with Minor Events • Microbrewery, Production Only • Winery, Production Only • Veterinary Clinic • Veterinary Clinic, mobile • Rural Heritage Museum • Class A Special Use Permit (in AR zoning district): • Equestrian Center • Special Use Permits are "quasi- judicial" proceedings • Public Hearing • Decided on a case -by -case basis with public input ( "evidence ") Conditional Zoning District (ASE -CZ) • Conditional zoning districts allow projects to be considered on a case -by -case, site - specific basis • Rezoning (legislative process) with public hearing • Acknowledges that there are places where a specific type of use may be appropriate whereas it would not be in a different site - specific situation • BOCC has final decision on whether a proposed use(s) is compatible with surrounding uses • Mutually agreed upon conditions can be imposed as part of the approval process • Allows tailoring of project to a specific site • Table of Permitted Uses lists the types of uses that can be applied for as an ASE -CZ Change in groundwater usage standard language .. Proposed language in amendment package: • 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. Change in groundwater usage standard language Language Proposed as a result of comments • A comprehensive groundwater study, for facilities expected to use more +"� 240 gds of groundwater on an annual basis per day per ° ^r° of '^+ are than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit per 2 acres and the proposed use is on a 6 acre lot (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. 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 w 14 are expected to be affected by withdrawals made by the proposed use. Agricultural Preservation Board and Planning Board Review • APB has reviewed 3 times • Consensus to move forward • Would like farmers to have the ability to apply for as many uses as possible • (Do not remove more intensive uses from consideration) • Planning Board Ordinance Review Committee reviewed 2 times • Same conclusion as APB • Both Boards had minor comments /questions that have been incorporated into draft materials Public Notification • Completed in accordance with Section 2.8.7 of the UDO ➢ Newspaper legal ads for 2 successive weeks • Held Public Information Meeting on February 17 (was postponed from advertised date of February 13) ➢ Flyers posted ➢ Press Release • Has been a topic on a few agendas in the past year ➢ BOCC (including Assembly of Governments) ➢ Planning Board ➢ Agricultural Preservation Board 100 • Planning website posting on January 24 County Attorney's Office Comments Perdita Holtz reviewed the land use map and said this amendment applies to all of the areas outside of the rural buffer and outside of the municipalities, which includes: Bingham Township, Cheeks Township, Eno Township, Hillsborough Township, Cedar Grove Township and Little River Township. Referring to the slide titled, "Permitted Outright vs. SUP or Conditional Zoning ", she said "permitted outright" means that approvals are done by staff. Referring to the slide titled "Conditional Zoning District (ASE -CZ) ", Perdita Holtz said projects can be considered on a case by case site specific basis. She said this is still a legislative process, which includes a public hearing; however it does allow Commissioners to have more discretion on whether projects are approved or not. Perdita Holtz said the proposed change in the groundwater usage standard language is a result of comments made at the public information meeting held last week. She said the new wording attempts to clarify that groundwater usage is being looked at on an annual basis, and to account for the fact that some areas of the County do not allow a density of one unit per acre. She said there is a "for example" included in the language in an attempt to be as clear as possible. She said the change from "will" to "are expected to" comes from conversations with the consultants who would be doing the groundwater studies. She said, in response to input requested by the Board regarding possible removal of the more intensive uses, the agricultural preservation board felt that there are places in the County where the more intensive uses might be acceptable, and that the conditional zoning or special use process would allow for any issues to be addressed. James Bryan, County Attorney, said he has advised staff, and he would like to advise the Board that the attorney's office has found that this is legally insufficient, and parts of it would be unenforceable. He said if the Board adopts it and there is litigation, there is a high likelihood of an unfavorable outcome. Chair Jacobs asked how this got all the way to a public hearing before this was discovered by the attorney's office. James Bryan said there was agreement to disagree. Perdita Holtz said there was a meeting back in August regarding his concerns about some of the definitions of non- farm use of farm equipment. She said staff asked if James Bryan would provide some legally sufficient language, but the attorney's office did not want to interject into policy. She said she and Michael Harvey have discussed this and both feel that proper discretion goes a long way in enforcing what is an obvious business use, versus a farmer who grades one road a year. She said this is where the County's attorney had concerns. She said there is some discretion allowed in enforcing this. Chair Jacobs said it is insufficient to have this come up at a public hearing, and this needs to be fixed. Commissioner Gordon asked for the specific areas James Bryan is referring to. James Bryan said it is not that he does not want to inject policy. He said this is purely a legal issue and his legal advice is to pull these definitions. He said there are three definitions related to permitted -by- right, and these are: non - farming use of farm equipment, meat processing and the farm stand. He said all of these definitions say it has to be on a bona -fide farm. He said the state statutes about bona fide farms are very lenient. He said there is no line at all in this, and it is not statutorily correct. 101 Commissioner Gordon asked about the PowerPoint and the use specific standards on the bottom of page 4. She asked if, in the ASE -CZ, there are any uses in which all of the standards are eliminated and it is entirely a case by case basis. Perdita Holtz said no. Commissioner Gordon asked if the standard for major roads is ever eliminated. Perdita Holtz said yes, that is one that has been discussed. She said there are some uses where you have to be located on a major road, but that standard can be modified if you go through the re- zoning process for the conditional zoning district. Commissioner Gordon asked for the reason why R1 does not have agricultural support enterprises. Perdita Holtz said, in the permitted use table, there is a footnote under the R1 zoning that says no uses are being added here. She said the reason for this is because the R1 zoning district purpose statement says that this is a zoning district for rural residential non -farm uses. She said staff did not feel that farm uses should be added as permitted uses, as it would be contrary to this purpose statement. She said, if you are currently zoned rural residential and operating a farm, there are other avenues for approval, such as re- zoning to AR or applying to the ASE -CZ zoning district. She said the R1 purpose statement could be modified, but that was not the purpose of this effort. Perdita Holtz presented the following final two slides: Final Note • Some uses the farming community might be interested in applying for may be permissible as a "Home Occupation" • Home Occupation standards are currently in the amendment approval process • Heard at November 2013 quarterly public hearing • Planning staff can help people determine which review /approval process would be the most advantageous to apply for Recommendation • Receive the proposal to amend the Comprehensive Plan and Unified Development Ordinance. • Conduct the Public Hearing and accept public, BOCC, and Planning Board comment on the proposed amendment. • 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. • Adjourn the public hearing until April 15, 2014 in order to receive and accept the Planning Board's recommendation and any submitted written comments. Perdita Holtz noted an error in attachment 3, on page 206. She said the sawmill use category should be listed as being allowed in the ASE -CZ zoning district. She said this has been corrected on the internet materials. Commissioner McKee said it seems there is a problem between legal and the planning staff. He asked how to proceed. Michael Talbert said this is a large item with many moving parts, and the area in conflict is fairly small. He feels it would be appropriate to proceed with the staff recommendation, and this can come back on April 15th with revised definitions that meet the requirements of both departments. Perdita Holtz said this was scheduled to go to the planning board next week. She suggested it would be good to have this language turned around in time to put together these agenda materials. She said if this is not possible, it should be continued to a later date. 102 Chair Jacobs suggested it be continued to a later date. Commissioner Price asked if the attorney is comfortable with the rezoning districts on a case by case basis. She said it seems like it is getting close to spot zoning. James Bryan said he has reviewed all of this and he only found the three definitions to be legally insufficient. Commissioner Pelissier referred to the addition of the provisions for some of the enterprises that might use more water than an average household. She asked if this would be a problem if a neighborhood went in with pools and irrigation and did not have the same requirements for ground water studies. James Bryan said this might be a policy issue, but he sees no legal issue with it. Paul Guthrie referred to the process with micro breweries and some of the definitions. He said this needs to be dealt with. Tony Blake said he has talked with farmers and all of the concerns were around the water usage. He said people are not clear on what the language means for them. He said there is concern about the available use of water for their livelihood through expansion of herds or crops. Chair Jacobs said it is important to clarify this. Commissioner Gordon asked if this would apply to a bona -fide farm. Perdita Holtz said this would not affect any livestock or crop usage. She wonders if this is getting at the issue of having a bona -fide farm that raises cattle and then there is also an agricultural services use that is subject to the groundwater study. Tony Blake said the issue seems to be a desire for flexibility. Perdita Holtz said this does not restrict water usage for cows or crops in any way, even if the farmer also has an agricultural services use. Marc Marcoplos said he is impressed with the handling of the Efland overlay issues. He said he has been hearing about the agricultural enterprise concept for years, and he thinks it is important to help farmers make a better living. He said the water issue is the one that people will seize on, and perhaps for good reason with the way it is written. He said he went to the information session, which was re- scheduled due to weather. He said there are 600 farmers in the County and it is worth looking into that there were none of them there. He feels there must be a better mechanism to communicate with the farmers. Megan Toben said she lives off Dairyland Road and has been farming for 12 years. She said she has sold at multiple farmers markets. She said for 9 of those 12 years, her husband subsidized the farm with his income. She said most of the farm's financial resources and lands were lost in 2010 as a result of the financial crisis. She said she and her husband made a shift with the remaining 38 acres toward agri- tourism and crop diversification. She has been running a non - profit called Pickards Mountain Eco- Institute, which offers environmental education to local schools, as well as weekend workshops on various topics. She said the farm is also in the final stages of opening a farm stand called the Honeysuckle Teahouse, which will open in April. She said it is hard to make ends meet as a farmer. She said farmers need all the help that the County can offer, and it is worth it to spend the time working out all of these details. She recommended that the Board and staff check in with the Carolina Farm Stewards program for input on the issues farmers face. She said she is here to thank for the Board for what they do and to ask them to stay with this agricultural support enterprises program until it is the best that it can be. Perdita Holtz said she would like to clarify that if you use more water than the average single house, it does not mean you cannot exist; it means you will have to do a groundwater study. Tony Blake said he has a neighbor who had a spring that dried up in the drought. He was forced to go to groundwater. He said it was not clear to his neighbor that he was not being restricted. 103 Commissioner McKee said there were not a lot of commercial farmers at the information meeting or at tonight's meeting because those are large businesses that fall outside of the permitting structure. He said this will be beneficial to smaller or beginning farmers who want to transition their operation. He said these large farms have computers and smart phones and ability to communicate. He said he is sure there will be concern and pushback over the water issue in the future. Commissioner Gordon said she does think the ground water is a key concern. She said the County does encourage businesses that have low water usage, as part of economic development. She said the consideration of water usage is a legitimate concern, and the County has to consider not exceeding the carrying capacity. She thinks the Board needs time to consider the definitions. Perdita Holtz said, per the prior discussion the plan is to adjourn until the May meeting. Chair Jacobs said, after all the time the Board has spent on this, he hopes it does not get hung up on how many gallons of water are allowed. He said the water issue is important; but there are a lot of people who can benefit from this, and he feels it is possible to come up with reasonable standards. He hopes staff will work with the planning board to come up with something that is sensitive to the concerns of farmers as well as the concerns of people who worry about our ground water. A motion was made by Commissioner Rich, seconded by Commissioner McKee to: 1. 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 May 20, 2014 BOCC regular meeting. 2. Adjourn the public hearing until May 20, 2014 in order to receive and accept the Planning Board's recommendation and any submitted written comments. VOTE: UNANIMOUS Excerpt of Minutes Attachment 5 NJX 7 PSBCHF! DPvaz!Qv80Q.cH!CP BSE BC&M3- 3125 SFH\/wS!N FFUCH Approved 5/7/14 NFNCFST!aFTFCU,, Peter Hallenbeck (Chair), Cheeks Township Representative; Herman Staats, At- Large, Cedar Grove Township; Paul Guthrie, At -Large Chapel Hill Township; Tony Blake, Bingham Township Representative; Andrea Rohrbacher, At -Large Chapel Hill Township; James Lea, Cedar Grove Township Representative NFNCFST! BCTFa_� Lisa Stuckey, Chapel Hill Township Representative; Buddy Hartley, Little River Township Representative; Maxecine Mitchell, At -Large Bingham Township; Vacant- Eno Township Representative; Vacant - Hillsborough Township Representative; Vacant- At- Large; TLBa3aFTFCU Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, Special Projects Coordinator; Ashley Moncado, Special Projects Planner; Tina Love, Administrative Assistant II PU FSTaFTFcu Brent Niemann, Louis lannone, Beth Trohes, Rich Kirkland I BCEPvur: Fn bjrtn !4Njt !Jboopof !Lp!Nst /!Xjtf BHFCEB!J -FN!2; ! DBrvmLP!PSEFS!BCE!SPrvmDBw BHFCEB!J -FN!9; 3141 DPNCSFI FOT.I T QvBO. BCE! VCLGFE! EFvvNPGNFCU PSE CBCUF! )VEP* I.PYU BNFCENFCtJF; To make a recommendation to the BOCC on government- initiated amendments to the text of the UDO to establish a zoning program commonly referred to as Agricultural Support Enterprises (ASE) outside of the Rural Buffer land use classification. This item was heard at the February 24, 2014 quarterly public hearing. Q #tfoifs;!!(f9ejib!I pn4- Special Projects Coordinator Perdita Holtz: Reviewed abstract. Tony Blake: You are talking about ground water, you are not talking about a farm pond used for watering animals or irrigation? Pedita Holtz: Correct. We are talking about a well being drilled. If it would be more clarifying to put in `ground water accessed via a well', we can put that in the language. Tony Blake: I am out of my area of knowledge. Paul Guthrie: Are we comfortable with the 240 figure that is used through most of this dialogue as the baseline. Perdita Holtz: A recharge study done in the 1990's found the recharge rate was over 300 gallons per day per acre of land. We are comfortable that the average single family home uses 240 gallons per day. It is an average. Paul Guthrie: I speak from experience and getting three gallons a minute at 270 feet and in those days the well up the street was 80 feet so it varies so much. 104 105 Approved 5/7/14 Perdita Holtz: It is true that in Orange County, the structure of the underground geology is you can have your well and your neighbor's well literally 50 feet away could have to be at a different depth. That is one of the purposes of ground water studies. Pete Hallenbeck: I think someone trying to set up an enterprise, thinking they could get more than that, they are smart enough to not depend on the water. I think this is a reasonable number. NPUPOmade by Paul Guthrie to accept the planning director's recommendation. Seconded by James Lea. V LF; Unanimous