HomeMy WebLinkAboutORD-2014-007 Unified Development Ordinance Text Amendment Related to Home Occupationss -zo - jd/
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Ordinance #. ORD- 2014 -007
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, the County has completed a review of existing home occupation standards
based on the Unified Development Ordinance Implementation Bridge report, and
Whereas, as a result of said review, the County identified necessary amendments to the
Unified Development Ordinance to accommodate and support the use of home
occupations while protecting the residential character of neighborhoods, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the County has held the required public hearing and has found the proposed
text amendment is consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective on July 1, 2014.
e
Upon motion Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of &LAI , 2014.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the forego' 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 s d proceedings are recorded in the minutes of the
said Board.
WyrPESS my hand and the seal of said County, this day of
2014.
1 - t /
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Clerk to the Board of Commissioners
Article 2: Procedures
Section 2.22: Home Occupations
(3) Structural stormwater measures that are designed, constructed and m ained
in accordance with the NC DWQ Stormwater BMP Design Manual proved
accounting tool, and requirements listed in Section 6.14 will be esumed to meet
the required performance standards of Section 6.14. Sub als containing
sures not designed to these specifications, may b pproved on a case by
case sis provided the applicant provides adequ data and information
showing the deviations meet the requiregi4frits of Section 6.14.
(C) Plan Approval
The Erosion Control Officer is horize approve any Stormwater Management Plan
which is in conformance with the p ance standards specified in the NC DWQ
Stormwater BMP Design Manu , nd er requirements of this Ordinance.
(D) Approved Plana Prere ' ite
The Erosion Contr fficer is not authorized to issu ny permits for development on
any land that i efined as new development under Sec ti 6.14 of this Ordinance
unless an ntil a Stormwater Management Plan in complian with the requirements of
this O ' ance has been approved.
(E) sign of Permanent Nutrient Export Reduction Structural Stormw r Measures
When a permanent nutrient export reduction structural stormwater measure is uired
for new development to meet the requirements of this Ordinance, a North Carolina
registered professional engineer shall prepare the plan with the Engineer's Certification
Stormwater Management affixed, signed, sealed and dated.
SECTION 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application for a minor home occupation shall include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.3.
(D) An application for a major home occupation shall require a Class B Special Use Permit
and adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.3.
2.22.2 Conditions of
(A) If conditions are attached to the approval of a permit, they may address deficiencies in
meeting specific Ordinance requirements or they may address specific impacts which
result from the operation of the home occupation.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Number of vehicles to be parked on the premises;
(3) The location of an accessory building, storage area or parking on the property.
(C) The Planning Director may require greater setbacks and /or additional landscaping or
screening to adequately screen the home occupation from adjoining properties.
Orange County, North Carolina — Unified Development Ordinance Page 2 -63
Article 5: Uses
Section 5.5: Standards for Residential Uses
(c) The use of the building shall be only for the period of time specified and
for the use specified.
(d) The proposed use is a permitted use in the district in which it is located.
SECTION STANDARDS FOR RESIDENTIAL
5.5.1 Accessory Structures and Uses
(A) General Standards of Evaluation
(1) Accessory structures and uses shall not b>dential in any required front en
space and shall conform to the principal s the district where Gated
unless otherwise provided in this Section.
( An attached private garage, or carport, not g 12 feet ' height, may
occupy a portion of the required side open ovide at this does not
suit in a required side open space of les of a lot width, nor a total,
wh combined with the required side opehe lot immediately
adjace of less than eight feet.
(3) Mobile hom as accessory structures to r uses are prohibited.
5.5.2 Efficienc
rtment
(A) General Standards of Evaluati
(1) There shall be no more th efficiency apartment, whether detached or
attached, on any lot.
(2) The efficiency uni all contains no m than 800 square feet of gross floor
area.
(3) The resid tial lot shall meet the minimum lot s' requirements of the zoning
distric ' which it is located.
(4) T efficiency unit shall comply with the N.C. Residenti uilding Code including
minimum light /ventilation and room sizes.
The efficiency unit shall be accessory to the principal dwelling u ' and may be
attached or detached.
(6) The efficiency unit shall be served by an approved water supply and sane
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirements
In addition to the completed application form, applicants for a minor or major
home occupation shall submit the following to the Planning Department:
(a) Minor Home Occupations
(i) A plot plan of the property on which the home occupation is to be
located. The plot plan shall show:
a. The location of the residence and /or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
Orange County, North Carolina — Unified Development Ordinance Page 5 -33
Article 5: Uses
Section 5.5: Standards for Residential Uses
The above list is not intended to include all uses which
may be unsuitable as a home occupation. Home
Occupation applications for other uses may be denied if
the Standards of Evaluation listed herein are not fully
met.
(iv) No equipment or process shall be employed that will cause
noise, vibration, glare, odor or electrical interference detectable
to the normal senses at the lot lines in the case of detached
dwelling units or outside the dwelling unit, in the case of attached
dwelling units.
(v) The on- premises sale and /or delivery of goods which are not
produced or modified in a manner that adds value to the product
on the premises is prohibited, except in the case of the delivery
and sale of goods incidental to the provision of a service. No
goods, products, or commodities purchased and secured for the
main purpose of onsite resale shall be permitted.
(vi) All events conducted in connection with the home occupation
and exceed the number of permitted daily students, customers,
and /or clients contained within Sections 5.5.3(A)(2)(b)(i)d and
5.5.3(A)(2)(c)(i)g must adhere to Section 5.4.3, Special Events.5
(b) Minor Home Occupations
(i) General Operations
The following requirements apply to minor home occupations in
all residential districts:
a. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. No rneFe than two individual
Minor home occupations shall not exceed three
nonresident employees onsite at any one time.
b. In all residential districts except oQ AR and R_1 no
more than 35% of the floor area of the dwelling unit or
6W 750 square feet, whichever is less, may be used for
the home occupation.
C. Up to three students, customers, and /or clients shall be
permitted onsite at any one time, not to exceed a total of
six students, customers, and /or clients per day.
(ii) Limitations on Traffic Generation
a. Traffic generated by visitors,
employees, students, customers, and /or clients shall not
exceed more than
than eight twenty trips per day. or me-re than
deliveries of prodUGtS or mateFials per w All
residential property with an approved home occupation permit. Revisions are proposed to additional
Sections of the UDO to address potential traffic impacts as a result of these uses being permitted as a
home occupation. The revisions also make it clearer that an office related to the types of uses in i.
through v. may be allowed, however. it is the actual activities that are not allowed as a home occupation.
' Approved home occupations that conduct special events onsite are required to adhere to Section 5.4.3
Special Events. Home occupations that participate in a nonprofit or government organized event including
the annual Orange County Open Studio Tour shall be waived from the special event review process as
proposed within Section 5.4.3 Special Events.
Orange County, North Carolina — Unified Development Ordinance Page 5 -35
Article 5: Uses
Section 5.5: Standards for Residential Uses
ii. Existing vegetation provides suitable screening
of the accessory structure from all adjacent
properties.
C. New structures built for the purpose of conducting a
home occupation shall not exceed 1000 1,500 square
feet in area.
d. An existing accessory structure which is larger than
1000 1,500 square feet may be used for the home
occupation provided that no more than 1000 1,500
square feet is used for the home occupation and the
area is physically separated by walls or other barriers.
In order to qualify as an existing accessory structure for
the purpose of conducting a home occupation, the
structure must have been constructed to meet building
code requirements applicable to a residential accessory
structure, and must have been in existence for at least
36 months.
(iv) Use of Outdoor Storage
a. Up to 500 square feet of outdoor storage area may be
used permitted only in the RB, AR and R -1 zoning
districts provided that it:
L Is clearly defined on the site plan and on the
ground.
ii. Is located at least 40 feet from any lot line or
road right -of -way; and
iii. Is totally screened from the view from the road
and from adjacent property in the same manner
as is required for accessory buildings.
(c) Major Home Occupations
(i) General Operations
The following requirements apply to major home occupations:
a. Major home occupations shall be permitted only in the
AR and R -1 zoning districts.
b. All major home occupations shall be located on parcels
at least five acres in size.
C. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. Up to six permanent and /or
temporary nonresident employees may be permitted
onsite at any one time with the exact number established
in the Special Use Permit.
d. The total amount of square footage permitted for a
residential dwelling unit used in conjunction with a major
home occupation, which exceeds standards referenced
in Section 5.5.3.A.2(b)(i)b, shall be determined with the
" Existing standards regarding screening of accessory structures have been revised to address
comments received at the Quarterly Public Hearing . Proposed revisions will allow accessory structures
located at least 40 feet from all property lines or sites providing screening with the use of existing
vegetation to be exempt from screening requirements.
Orange County, North Carolina — Unified Development Ordinance Page 5 -37
Article 5: Uses
Section 5.5: Standards for Residential Uses
e. New accessory structures built for the purpose of
conducting a home occupation shall not exceed square
footage allowances referenced in Section
5.5.3.A(2)(e)(iii)a.
f. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
Mobile Home Parks
Standards for MHP -CZ
Permitted Uses and Structures
ddition to Mobile Homes, as defined by this Ordinan he following
acre ry structures and uses shall be permitted:
(a) Car er's or manager's home or ii e.
(b) Service bui ' s and area cessary to provide washing and drying
machines for do tic ndry, sanitation, rest rooms, storage, vending
machines, and of s filar services provided by the facility for the use
and conveni a of the mo ' home park tenants.
(c) Recr on buildings /facilities and s serving only the mobile home
in which they are located.
Customary accessory buildings and facilities n sary for operation of
the mobile home park in which they are located.
(e) Storage buildings for individual mobile home spaces and int ed for the
exclusive use of the occupants of the mobile home space.
13 Proposed setback standards for outdoor storage space have been revised to address comments
received at the Quarterly Public Hearing Proposed standards will allow setbacks to be determined on a
case-by-case basis through the Special Use Permit process but will still require the minimum setback
standard of 40 feet currently contained in Section 5.5.3(A)(2)(f)(i)b of the UDO.
Orange County, North Carolina — Unified Development Ordinance Page 5 -39