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HomeMy WebLinkAboutORD-2014-022 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.s- moo - Ordinance #: ORD- 2014 -022 S cam. 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 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. and WHEREAS, the requirements of Sections 2.3 and 2.8 of the Unified Development Ordinance (UDO) have been deemed complete, and WHEREAS, the Board has found the proposed amendments to be reasonably necessary to promote the public health, safety, and general welfare. BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Comprehensive Plan 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 _'In 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 proc dings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2014. Clerk to the Board of Commissioners COO Amendment Package for "Agricultural Support Enterprises" Outside of the Rural Buffer Notes The pages that follow contain the amendments necessary to the Unified Development Ordinance (UDO) text and Comprehensive Plan text to adopt changes related to "Agricultural Support Enterprises," as it is applicable outside of the Rural Buffer land use classification. The changes are consistent with the general program that has been in development since 2001. A separate text amendment is available for Agricultural Support Enterprises (ASE) within the Rural Buffer. The text amendments are being proposed separately because an amendment is necessary to the Joint Planning Area Land Use Plan and Agreement in order to apply the ASE program within the Rural Buffer land use classification. The required amendment is anticipated to occur during 2014 but County staff thought it would be prudent to separate the Rural Buffer information from the remainder of the county since the Rural Buffer portion is expected to be on a longer timeframe of review. The purpose of the ASE project is to augment allowable uses farmers throughout Orange County's planning jurisdiction can pursue in order to generate additional farm - related income and to potentially allow farming support/related uses in rural areas while minimizing any adverse impacts on adjoining property by applying special standards for specific uses and the development requirements in the County's LIDO for all projects. By better enabling farmers to stay in the business of farming, the rural, farming heritage of Orange County will continue to be preserved. Proposed additions /changes to existing text are depicted in red; 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: / /orangecountyne.gov /planning /Ordinances.asp Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted LIDO because adding text may shift all of the text/sections downward. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment. Text with a large "X" is not proposed for deletion; proposed deletions are shown in stFikethFough text. Article 2: Procedures Section 2.4: Zoning Compliance Permits not be issued until the aforementioned permit has been issued by the responsi in accordance with the review and approval procedures detailed herein. (B) Is nce of a Special Use or Conditional Use Permit does not negate t requirement for a Zon i 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 associate 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 ich 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 ,Compliance Permit has been issued shall be u d or occupied until the Orange County ealth Department has approve7the ter suppl y and sewage disposal systems se ng that use. (G) Issuanc rtificate of Occupancy by the Building Official or approval of a water supp and sewage disposal system by the Health Department shall i o case be c strued as waiving any provision of this Ordinance. (H) Zoning Compliance Permits shall become null and void after 18 months from date of issuance if 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. 1 Staff recommends adding this language to the requirements for a plot plan. This section seems to have been written only with new construction in mind. However, denoting the location of these items has always been asked by staff or else impervious surface could not be calculated for a lot. Additionally, some structure types are required by the building code to be a certain distance from other structures so without the information on the plot plan, it would be impossible for staff to determine compliance. Orange County, North Carolina — Unified Development Ordinance Page 2 -8 Article 2: Procedures 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 '""fh +ho f„llel.ying e o t 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] [11 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 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. 3.8.4 Where Permitted (A) Conditional Districts are permitted in any Land Use classification and shall be located consistent with the existing general development pattern and the objectives of the adopted Comprehensive Plan and any adopted small area plan(s). (B) Conditional Districts are permitted within areas subject to the Joint Planning Agreement (JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the terms and standards of the JPA. (C) Conditional Districts are permitted within the University Lake, Cane Creek, and Upper Eno Protected and Critical Watershed Overlay Districts. 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 DIMENSIONAL STANDARDS NOTES:' [1] Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. [2] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the adjacent residential district. [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] The overall development will be evaluated to ensure compatibility with surrounding properties and with plannina obiectives. Article 3: Base Zoning Districts Section 3.8: Conditional Districts Lot size, min., per use 40,000 [1] (square feet) Lot Width, min. (feet) 150 Front Setback from 40 ROW, min. (feet) Side Setback, min. 20 [2] (feet) Rear Setback, min. 20 [2] (feet) Height, max. (feet) 45 [3] Floor Area Ratio, max No requirement [4] Required Open Space No requirement [4] Ratio, min. Required Livability Space Ratio, min. No requirement [4] Required Recreation No requirement [4] Space Ratio, min. Required Pedestrian / No requirement [4] Landscape Ratio, min. 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 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 Section 5.1: Establishment of Use Reaulations (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, shall pre used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon application or the proval of ecial Uses. (D) It is a express intent of the Board of County Commissioners to define a the areas of concer onnected with each Special Use and to provide standards which applications for such S cial Use shall be evaluated. (E) Establishmen f Classes of Special Uses; Authority To prove or Disapprove There are hereby e ablished the following classes of Sp ial Uses which shall be approved or disappro as shown: (1) Class A - Approve r disapproved by Boa of County Commissioners (2) Class B - Approved or approved by card of To 5.1.4 Conditional Uses (A) The Board of County Commissioner is mi ful of its responsibility to protect the public health, safety and general welfare f the resi nts of Orange County and intends to encourage development within a County consi ent with that purpose. (B) The Board of County Com 'ssioners 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 eneral zoning district designation and co entional standards. (C) Conditional Us and Conditional Use Districts are hereby establis ed and shall be reviewed in cordance with the provisions of this Ordinance. (D) Permitt Uses (1) Any use listed as Permitted by Right or by Special Use Permit on the ble of Permitted Uses may be approved as a Conditional Use within a Conditio I Use District, unless expressly excluded in Section 5.1.4(E) of this Ordinance. (2) Permitted uses are subject to all general and specific standards of approval 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), (i) Landfills (2 acres or more), (j) Meat Processing Facility, Regional, Orange County, North Carolina — Unified Development Ordinance Page 5 -2 Article 5: Uses Section 5.1: Establishment of Use Reaulations (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.O.L, (c) Bus Terminals & Garages, (d) Class II Kennels, (e) Commercial Feeder Operation, (f) Composting Operation with grinding, (g) Crematoria, (h) Drive -In Theaters, (i) Extraction of Earth Products, Q) Farm Equipment Rental,,& Sales and Service, (k) Feed, eed, Sterage & PFGGe s+ag 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) Rrnamg Stables, Commercial, Orange County, North Carolina — Unified Development Ordinance Page 5 -3 Article 5: Uses 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 (ii) Wholesale Sales. Orange County, North Carolina — Unified Development Ordinance Page 5 -4 Article 5. uses S�cfion 5 2.lable °f P ermitLed Uses �.y Stand tNe and Service 1 `Rural Resldentlal� zOn1ose °{ the pan Center & Sales a �n the R- the stated purp district nt Rental, be allowed because `n an R -1 Zoning gwpme also fitted uses tl located roperty. Mill uses would the farmed p iuppkl St ore related district as perm rren Y of the ASE- to the ?,-11 oning ing ventures cu al uses on Staff. kt;jOn ises sales ^,o t many e added Farm e rnrdnended {Or deletion by preen osed tha b „ `emphasis added t in pursu g nhouses with 4on uses not interes 010 ASE \Nark prop related men t... C� if there is it is being re re -2 farrmng- t. 1 devel °p SE- pac be noted that the p mending that residen Residential) °r A with zoning so s Quid recOmf for rural non-AR tAg no It sh nnirl$ staff is nculturai t be regulate _.. end can Article 5: Uses Section 5.2: Table of Permitted Uses — 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) Meat Processing Facility, Community ^ Meat Processing Facility, Regional -- A Non -Farm Use of Farm Equipment ^ R4di= -Stables, Commercial — B B B B B B Stockyards / Livestock Markets CHILD CARE & EDUCATIONAL FACILITIES Center in a Residence for 3 to 12 Children Child Care Facilities B B B B B B B B B " Libraries k Non - Profit Educational Cooperative A Schools: Dance, Art & Music Schools: Elementary, Middle & Secondary A A A A A A A A A A Schools: Vocational Universities, Colleges & Institutes COMMERCIAL USES Banks & Financial Institutions Beauty & Barber Shops Rural Guest Establishment: Bed & Breakfast A " Rural Guest Establishment: Bed & Breakfast Inn ^ B B Rural Guest Establishment: Country Inn ^ A A Country Store " Drive In Theaters 11 The three "Rural Guest Establishment" types will be moved to alphabetical order within the list as well. Orange County, North Carolina — Unified Development Ordinance Page 5 -6 Article 5: Uses Section 5.2: Table of Permitted H.,PR ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Funeral Homes — Garden Center (n^ ororv, -- nree ^he s (N n c. i )12 GFe Rhe s finR Premises Sal.., " Hotels & Motels — Junkyards — A A A Kennels, Class II ^ B B B B B B Laundry & Dry Cleaning Services Massage, Business of Microbrewery with Minor Events ^ B B B B Nightclubs, Bars, Pubs Offices & Personal Services, Class 1 Offices & Personal Services, Class 2 Offices & Personal Services, Class 3 Repair Service Electronic & Appliance Restaurants: Carry Out Restaurants: Drive In Restaurants: General Retail, Class 1 Retail, Class 2 Retail, Class 3 12 This is a bona fide farm use and cannot be regulated by zoning 13 Moved to "Agricultural Uses" section Orange County, North Carolina — Unified Development Ordinance Page 5 -7 Article 5: Uses Section 5.2: Table of Permitted Uses TABLE OF . ZONING PERMITTED USE A = CLASS A SPECIAL USE IS = CLASS B SPECIAL STANDARDS ZONING USE TYPE GENERAL USE 01 AS El 11 12 13 PID Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Storage of Goods, Outdoor — Storage of or Warehousing: Inside Building 14 Studio (Art) Taxidermy ^ g Tourist Home Wholesale Trade — Winery with Minor Events ^ B B B B EXTRACTIVE USES Extraction of Earth Products — A A A A A GOVERNMENTAL USES Governmental Facilities & Office Buildings Governmental Protective Services (Police & Fire Stations) Rescue Squads, Volunteer Fire Departments * * * * * Military Installations (National Guard & Reserve Armor MANUFACTURING, ASSEMBLY & PROCESSING Assembly and Packaging Operations Including Mail Order Houses, But Excluding On- Premises Retail Outlets Industrial, Heavy — Industrial, Light — Industrial, Medium — Microbrewery, production only ^ g 14 Staff is suggesting this typographical error be corrected as part of this UDO amendment. orange county, NOrtn carouna — Unitied Development Ordinance Page 5 -8 Article 5: 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 GENERAL USE ZONING DISTRICTS USE TYPE RB AR R18 R2 R3 R4 R5 R8 R13 I-C1 NC2 CC3 GC4 EC5 OI AS El 11 12 13 PID PTA- I --.----...----.©...-- - . sell of Le ---.-.-----©©---.©--- • - . 11-3 ----- 15 Will be moved to alphabetical order within this section --•� �a� ..wuIILy, 19VILII vClIVIIIId — uIiniea veveiopmeni uramance Page 5 -9 Article 5: Uses Sactinn ri 7' Tahla of Parmittorl 1 1— TABLE OF • DISTRICTS PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE 1 = SUBJECT TO SPECIAL STANDARDS ZONING USE TYPE GENERAL USE DISTRICTS 01 AS El 11 12 13 PID — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Dwelling; Two - Family Family Care Home * * Group Care Facility B B B B B B B B B B B B B B B Rehabilitative Care Facility Residential Hotel (Fraternities, Sororities, and Dormitories A A A A A Rooming House TELECOMMUNICATIONS Telecommunication Tower— Stealth (75 feet or shorter) * * * * * * * * * * * Telecommunication Towers (Over 75 feet and under 200 feet ) B B B B B B B B B B B B B B B B B B B B B Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A TEMPORARY USES Buildings, Portable B B B B B B B B B B B B B B Temporary Mobile Home (Custodial Care) B B B B B B B B B B Temporary Mobile Home (Use during construction /installation of permanent residential unit and for 30 days following issuance of Certificate of Occupancy) AUTOMOTIVE / TRANSPORTATION Bus Passenger Shelter * * * * * * Bus Terminals & Garages — Motor Freight Terminals — Motor Vehicle Maintenance & Repair (Body Shop) — Motor Vehicle Repair Garage — orange Loumy, Norin L;arolma — unmea uevelopment Ordinance Page 5 -10 Article 5: Uses Section 5.2: Table of Permitted Uses — Use may not be permitted as a Conditional Use District; See Section 5.1.4(E) ^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) Motor Vehicle Sales / Rental (New & Used) p' Motor Vehicle Services Stations Parking As Pr+nsiple Principal Use, Surface or Structure 16 Petroleum Products: Storage & Distribution Postal & Parcel Delivery Services UTILITIES Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B Public Utility Stations & Sub - Stations, Switching Stations, Telephone Exchanges, Water & Sewage Treatment Plants A A A A A A A A A A A A A A A A A A A A Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B Water & Sanitary Sewer Pumping * * * * Solar Array — Large Facility B B B B B B B B B B B B B I 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 5. 14.1 5.15.1 for special standards Orange County, North Carolina — Unified Development Ordinance Page 5 -11 Uses Icie 5' A eCm \tied Uses Section g•2. Tab \e of P �elowent ordnance Unif\ed De Carolina Article 5: Uses Section 5.2: Table of Permitted Uses 5.2.3 Table of Permitted Uses — Conditional Zoning Districts AGRICULTURAL USES Agricultural Processing Facility Agricultural Processing Facility, Community Agricultural Services Uses Cold Storage Facility Fro +o. nnor�+ 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,+ SteFaro Q or�. Mill Greenhouses with kOn Premises Sales3 18 Meat Processing Facility, Community Meat Processing Facility, Regional Non -Farm Use of Farm Equipment 94&4g- Stables, Commercial Stockyards / Livestock Markets 17 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff. 18 Moved from "Commercial Uses" section. Orange County, North Carolina — Unified Development Ordinance Page 5 -22 Article 5: Uses Section 52. Table of Permitted Uses CHILDCARE & 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 is Rural Guest Establishment: Bed & Breakfast Inn Construction (Sector 23) Contractors, Building & Trade Rural Guest Establishment: Country Inn Country Store Finance & Insurance (Sector 52) Funeral Homes Garden Center with {On Premises Sales) Gpeenhn c s !Nn On Pizemis s Cn1�o120 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 Section 5.2: Table of Permitted Uses NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval GF nhn s (0n Pre Sales) Hotels & Motels Insurance Carriers & Agents Junkyards Kennels, Class I Kennels, Class II Laundry & Dry Cleaning Services Management of Companies & Enterprises (Sector 53) Massage, Business of Metal Fabrication Shop Microbrewery with Minor Events Microbrewery with Major Events Nightclubs, Bars, Pubs Offices & Personal Services, Class 1 Offices & Personal Services, Class 2 Offices & Personal Services, Class 3 Professional, Scientific & Technical Services (Sector 54) Real Estate Agents & Brokers Repair Service Electronic & Appliance Restaurants: Carry Out Restaurants: Drive In Restaurants: General Retail, Class 1 Retail, Class 2 Retail, Class 3 Orange County, North Carolina — Unified Development Ordinance Page 5 -24 NOTE: Appli�tions for Conditional Zoning Districts must list specific uses for Considerationtapproval Storage of Goods, Outdoor Storage or Warehousing: Inside Building * Studio (Art) Taxidermy Drive -ins) Theater, Indoor or Outdoor (including Tourist Home Wholesale Trade Winery with Minor Events Winery with Maio, Events E)C- MACTNE USES Extraction of Earth Products GovERNMENTAL vbca Rescue Governmental Facilities & Office Buildings Governmental PT er F re Deeartmentsohce &Fire Stations) S uads, Volunte Military Installations (National Guard & Reserve Armory public Administration (Sector 92) MANUFACTURING, ASSEMBLY & PROCESSING Mail Order ��cambly and Packaging OpermtioPS Retail Outlets industrial, Heavy Industrial, Light Industrial, Medium Manufacturing (Sector 31 -33) Microbrewery, production only Pharmaceutical Products orange County, North Carolina Unified — Development Ordinance Article 5: Uses Section 52: Table of Permitted Uses * * * * * Page 5 -25 Article 5: Uses Section 5.2: Table of Permitted Uses NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration /approval Printing & Lithography Sawmills Winery, production only MEDICAL USES Hospitals; ; 21 ARimal Veterinary " Health Services: Over 10,000 Sq. Ft. Health Services: Under 10,000 Sq. 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 WWI lications for Conditional Zoning districts must list sp ecitic uses for considerationlapprovaf NOTE: App Dwelling; Multiple Family Dwelling; Single - Family Dwelling; Two-Family Family Care Home Group Care Facility Rehabilitative Care Facility Sororities, and Dormitories) Residential Hotel (Fraternities, Rooming House Stealth (75 feet or shorter) TELECOMM�µ��AT1ONS ht or shorter) Telecommunication Towers (150 feet in eight Telecommunication reater than 150 in height) Telecommunication Towers (9 TEMPORARY USES Buildings, Portable Mobile Home (Custodial Care) Temporary e Use during canstructionlln ssluanae of Tern Mobile Hom ( s following permanent resident aa cn�t and for 3g ay — T RAwsPaRTAT�1e NShelter Bus Passeng Garages Bus Terminals & motor to F eight Terminals Motor Vehicle Maintenance & Bod Sho ) Motor Vehicle Repair Garage MnoPw &Used Sales Rental Orange County, NOh Carolina _Unified DevelOp►rent Ordinance i Article 5: Uses Section 5.2: Table of Permitted Uses * * * Page 5-27 eeific uses Jul cA nsederafionlappr0val • Districts must list sp tions for CO" Zoning NOTE'. ApplfGa * ices Stations cture22 Motor Vehicle SeN al Use, Surface or Stru princ ip parking As & Storage p'stribution petroleum Products: Se Ps ry ices otal &Parcel Delivery U- n tics Yanks Switching Stations, Elevated Water Storage Sub Statlons, Treatment Plants Stations Water & Sewa e dines publiGbonle Exchan es, Tele and Liquid Fuel Tfans mission Electric, Gas, ing Water & Sanitary Sewer Pump Solar Array —Large Facility Solar — lic Utility Array pub wAS.m mANAGSM t4l More) Landfills (2 Acres or Acres) Less Than 2 &Toxic Landfills ( Hazardous Waste Management Facility ", M ►scEUAN uses S;T.O.L Accessory viation Heliports, ants - --- Airp eneral A Occup Facility Greater Than 3 Occupants AssemblY Less Than 300 AssemblY Facility , Cemetery Social', Fraternal or Union Clubhouses Church amendment. Clubs or Lodges of this UFO s t pographical error be corrected as part esting th.1 Y rdinance 22 staff is Suggesting o orange County, North Carolina — Unified De * Article 5: Uses Section 5.2: Table of Permitted Uses * * * * page 5-28 le 5: Uses prfic'�ed Uses Sectiion 5• �• Table of Perm fic uses for cons nlapp royal for Conditronal Zoning Districts must list sperm NOTE'. Applications Community Center atoria (4) fixed Use Crern Non_Resitlent�allM Historic Sites aS" (Sector 51) Inform rofit Facility Non -P Research & Installations, Research 1-ands erita9e Museum Rural H vents Rural Special E t prdmance e County, N orth Carolina — Unified peveloprnen prang Page -29 Article 5: Uses Section 5.3: Application of Use Standards 5.3.1 In General Section number In addition to the general standards applied to uses in each zoning district and in accordance with the Table of Permitted Uses, Sections 5.4 through 5.4-517 establish additional standards for update specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning Districts. 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 models, 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 Adjustme shall make written findings certifying compliance with the specific rules gove ing such individual %stan l Use and that the use, which is listed as a Spec' I Use in the district in t is proposed to be located, complies with all r quired regulations and rds includi ng the following general condition (a) a use will maintain or promote the p lic health, safety and general w are if located where proposed a developed and operated acco ing to the plan as submitted (b) The use ill maintain or enhan96 the value of contiguous property (unless th se is a public ne ssity, in which case the use need not maintain or a hance the vaXe of contiguous property); and (c) The location and,,Rha r a 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 liance with the plan for the physical development of the County as bo ' d in these regulations or in the Comprehensive Plan, or portion ereof, adQpted by the Board of County Commissioners. (B) Specific Standards In addition to the gene 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 standards shall be addressed by the applicant before the issuance of a Class A Sp 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 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 ust comply with the Ordinance for the Control of MassaXall ssage buildings, parking, access, service, recreation, landsc ed and screened stablishments areas. he submittal of construction plans for all existing and pr'ngs Other criteria as set forth in sections 6.2.11 and .3. (d) A statement concerning the provision of publ' services which shall and cross sections showing the proposed use of all portiobuiI ' gs. include fire, police and rescue protection. (2) Standar of Evaluation — (a) Ade ate parking, access and serv' a areas are provided for the site. (b) Parking, ervice areas and buil ' gs are adequately screened from 5.6.3 Garden Center adjacent re idential uses. (c) Improved recr tional faci ' 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 publ' servi s such as fire, police and rescue. 5.6.1 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 ust comply with the Ordinance for the Control of MassaXall ssage stablishments he submittal of construction plans for all existing and pr'ngs housing the massage business. The construction plans s f or plans and cross sections showing the proposed use of all portiobuiI ' gs. (3) For existing buildings, certification by the Orange County spector at the structure(s) complies with the North Carolina Building all related construction codes. 5.6.3 Garden Center (A) General Standards for Evaluation (1) Outdoor display and storage of goods will be permitted. (2) Outdoor storage of bulk goods shall be located to the rear or side of the primary building and screened on three sides by an eight foot high opaque wall or fence. (3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of the zoning lot. Orange County, North Carolina — Unified Development Ordinance Page 5 -47 Article 5: Uses Section 5.6: Standards for Commercial Uses (4) Land use buffers shall be pFevided in aGGoFdaRGe with the requirements-of SeGtbGR 8.23 `C.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 junked or wrecked motor vehicles (2) Standa s for Evaluation - (a) Th site shall be screened from adjace property by a minimum of an eigh oot high solid fence or equal, u ' terrupted except for required vehicle ccess points. (b) No mated shall be stored clo r than 50 feet to the public right of way or 30 feet to e property lines (c) Site is of adequ a size to otect adjacent properties from adverse effects of the junk rd. 5.6.5 Kennels (Class II) (A) Standards for Class B Special a Per (1) Submittal Requirem is — 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 inn 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 LIDO — 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 LIDO but this instance was missed at the time. Orange County, North Carolina — Unified Development Ordinance Page 5 -48 Article 5: Uses Section 5.6: Standards for Commercial Uses (cN, 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 feet 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 din conformance ith the Animal Control Ordinance. (f) Building plans for all kenne ies shall be reviewed and approved by the Orange County Animal r ices Department prior to issuance of any building permits. (g) A sign clearly visibl rom the grounds II be posted at the main entrance to the cility and shall contain th names, addresses, and telephone n ers where persons responsib for the facility may be contacte any hour of the day or night. The s n shall comply with dimen 'onal requirements as set forth within this O nance. (h) lass II Kennel Permit shall be obtained from Orange ounty Animal ervices within the first 30 days of occupancy. Failure too ain and maintain a valid Class II Kennel Permit or other related permit hich may be required by the USDA or Wildlife Resources Commission ill result in revocation of the Special Use Permit. 5.6.6 Riding Stables 24 (A) Standards fo: Glass Q C al 11 D + 0) C-.hmittal Requirements 24 Moved to Section 5.13.16. Orange County, North Carolina — Unified Development Ordinance Page 5 -49 Article 5: Uses Section 5.6: Standards for Commercial Uses 5.6.7 Rural Guest Establishment: Bed & Breakfast (A) General Standards (1) Submittal Requirements (a) A site plan, prepared in accordance with the r/buildings s of Section itle change only containing the following: (Per Section.2.5.2 presign and certification is not required for Rural Guest Ests with thr e guestrooms or less —bed & breakfasts.) (i) Location, width, and type of all internand edestrian circulation, and parking requirements (ii) Location and dimensions of all on site (iii) Boundaries of the site. V) Location of well and septic system. (b) De cription of the proposed use(s) of the site ildings thereon, inclu ing the following: (i) (iv) 'Amount of area allocated to each uXE NLITber of full and part time Num r of clients and /or occ ants expected to use the facility. 11 Propose hours of operati n for non residential uses of the site and within uildings they on. (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 propo d uses. (f) Sta ment from the appropriate public service a ncies concerning the P, vision of fire, police and rescue protection to th \incl�ude nd structures. /(h)Outdoor he proposed development schedule for the site. events (e.g. weddings, receptions, partiefilar activities onducted for compensation shall be permitted, oe is sufficient verflow parking available on site. Overflow parkis n have to be paved or graveled but must be on a suitable (evence. (i) Any bed & breakfast establishment that is not loca a state maintained road shall furnish a copy of the deed ehing the ingress /egress easement to the Planning Director. documents ' n shall not be limited to the easement deed, but manclude copies f road maintenance agreements as determined by the Planni ng Director. Orange County, North Carolina – Unified Development Ordinance Page 5 -50 Article 5: Uses 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. 5.6.8 Rural Guest Establishment: Bed & Breakfast Inn Standards for Class B Special Use Permit , (Title chanae only I (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (i) Location, width, and type of all internal vehicular an pedestriar 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: (i) Amo t of area allocated to ea use. (ii) Number full and part time mployees. (iii) Number of 'ents and /or ccupants expected to use the facility. (iv) Proposed hour of op ation for non residential uses of the site and within buildin ereon. (c) Building plans for all exis ' g r proposed structures to include floor plans, elevations, and ctions howing restoration /rehabilitation proposed. (d) Landscape plan, the same scale a the site plan, showing existing or prop rubs, ground cover d other landscape materials. (Landscape in rmation is often shown o the base plan for small projects. E tree does not have to be in ' idually identified; showing an "existin tree line" is often sufficient for lar lots, where the bulk of the prop rty remains wooded.) (e) State ent from the appropriate public service agen ies concerning the me od and adequacy of water supply and wastewat treatment for the p posed uses. (f) Statement from the appropriate public service agencies co erning the provision of fire, police and rescue protection to the site and uctures. ( The proposed development schedule for the site. (h) Outdoor events (e.g. weddings, receptions, parties) or similar activit s conducted for compensation shall be permitted, only if there is sufficie overflow parking available on site. Overflow parking does not have to be paved or graveled but must be on a suitable (even) surface. Orange County, North Carolina — Unified Development Ordinance Page 5 -52 Article 5: Uses 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 raditional view of the house from the roadside. (m) e 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 permitt on lots of less th five acres if the tract is currently served by public er and sew , subject to the review and approval of the appropriate agen i 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 Plannin Department that the use is, and has been contin usly since it was issue , in compliance with provisions of the Specs Use Permit. (b) The ange County Planning Department s II present its report on the co pliance of the special use no later than 90 ys before the expiration /the Special Use Permit. (d he Board of Adjustment shall not renew the Special a Permit if it is termined 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. 5.6.9 Rural Guest Establishment: Country Inn (A) S dards for Class A Special Use Permit (1) bmittal Requirements (a) site plan, prepared by an appropriately licensed profession Title change only ac rdance with the requirements of Section 2.5, contain' the follows : (i) Loc ' n, width, <tance ll intern ehicular and pedestrian circulatio and pirem s. (ii) Location and on site signag' (iii) Location of well aystem. (iv) Boundaries of ' tance to nearest residential structures (b) Description the propos f the site d the buildings thereon, includi rICr he following: Amount of area allocated to each use. (ii) Number of full and part time employees. N, (iii) Number of clients and /or occupants expected to use the Orange County, North Carolina — Unified Development Ordinance Page 5 -54 Article 5: Uses Section 5.6: Standards for Commercial Uses (d) I of County Commissioners does not a 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 than 249 q groundwater per L .y p ^r !c � on an annual basis than an average single family residence (which uses 240 gallons of water per clay) built at the highest density the existing zoning districi 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 clay, on an annualised basis) bei'ore a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations locatecl on the sane lot shall be taken into account when determining if a comprehensive groundvrate _ study is required. Said study shall detai1:25 (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); (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 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. 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 MOTE THAT�HIS FOO'CI!4M PERTAINS TO ALL PROPOSED USES THAT INCLUDE THIS PROPOSED REQUIMEMENT. Orange County, North Carolina — Unified Development Ordinance Page 5 -57 Article 5: Uses 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 Microbrewery with Major 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 th+jR 249 ea-1 sns=+ groundwater pan d_,,; of !o'_ a-P �,@ 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 resiclantial 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: (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); (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-P4 are expected to be affected by withdrawals made by the proposed use. Orange County, North Carolina — Unified Development Ordinance Page 5 -58 5.6.12 (A) 5.6.13 Wi (A) Article 5: Uses 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. 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. with Minor Events Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on -site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) A comprehensive groundwater study, for facilities expected to use more groundwater PG 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 awes 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 wafter 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 Section 5.6: Standards for Commercial Uses 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 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 viol 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) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on -site. The permit may specify limits to these activities. 5.6.14 Winery with Major Events (A) Standards for ASE -CZ or MPD -CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (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 thap 240- galigns 9 groundwater per day pe; afire Gf -!GLa ea on an annual basis than an average single family residence (which uses 240 gallons of water per day) built ai 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 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: (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); (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 w4 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) 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. 5.6.15 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 5.7.1 Article 5: Uses Section 5.7: Standards for Recreational Uses (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more then -? groundwater par day pe.- 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 deter i pining if a comprehensive gr0unCNV2.ter 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 l! are expected to be affected by withdrawals made by the proposed use. reational Facilities (A) \ General Standards of Evaluation (1)' The standards included herein shall be applied to the followin \ 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, (i) Shooting ra es, Q) Billiard d pool halls, (k) Ind r athletic facilities and (1) ther similar uses. profit (2) Th inimum 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 Section 5.8: Standards for Childcare & Educational Facilities ire Marshal shall approve a pollution incident prevention a storage facility prior o cupancy permits. (0) If additional or accessory land use fired, the facility owner shall cause a new site plan to be created outli ocation and na he proposed new land use, demonstrati p iance with this Ordinance. County shall approve a construction schedule to complete the items Ii 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 the 240 gale o` groundwater per day per aGr_- r 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 v.44 are expected to be affected by withdrawals made by the proposed use. (3) 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. (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 Resi (A) Submittal Requireme (1) In n to by Section 2.4.3, t e shams all show the following: Orange County, North Carolina — Unified Development Ordinance Page 5 -75 Article 5: Uses 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. 5.8.4 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: (i) Total student capacity of school as designed; (ii) 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 Section 5.13: Standards for Agricultural Uses k) The Operations Plan and the Rehabilitation Plan shall be coordinated o 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. (I) 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 ined 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 uired to provide a d se, evergreen buffer consistent with the pu 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, dept/nths,application ive are , an esults of groundwater test borings. (n) Annual ins th operations II be conducted by the Planning Director foittal of the annua operations reports to determine compliancrovisions of the Spe ' I Use Permit. (o) In cases oent or termination of op tions for a period of 12 consecutivpplication for a new, Speci Use Permit is required. (p) The Bo d of County Commissioners shall require fora extractive uses a pe rmance guarantee to insure that the provisions of e R abilitation Plan are met. Such performance guarantee s II be in a /excerm approved by the County Attorney. The amount of such g rantee eds all cover the cost of rehabilitation on a per acre basis, if the co does t exceed the amount posted with the State. If the rehabilitation c t 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 j 5.13.1 ComFnrercial Feed eF QpeFatieR26 (A) 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 Section 5.13: Standards for Aqricultural Uses 5.13.2 Agricultural Processing Facility (A) General Standards for Evaluation (1) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 24 -n-c of groundwater peF day peF acre ^fvf !,at aFea 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 wi;I 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 than 240 galleps e groundwater peF day peF @Gri e ^f'� At;; L-; 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 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 -A 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 Facility (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 Section 5.13: Standards for Agricultural Uses (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 249 gall^^° ^{ groundwater per day ^ °r @ ^r° ef'o, � 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 clay, 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 �I are expected to be affected by withdrawals made by the proposed use. 5.13.7 Cooperative Farm Stand (A) General Standards for Evaluation 21 (2) 281n 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 major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. 27 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 -113 Article 5: Uses Section 5.13: Standards for Aqricultural 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 E ^!9 ^s -4f groundwater; eF da" ef'et 2�e 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. 5.13.9 Farm Equipment Rental, Sales and Service (A) General Standards for Evaluation (1) Outdoor display and storage of equipment shall be permitted in the side and rear yards of the primary structure and shall be screened from view of adjacent properties. (2) Service bays shall be located at the side or rear of a structure and shall not be visible from adjacent residential property or the road right -of -way. (3) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE -CZ. (4) Parking shall not be located in the front yard space. (5) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 49 ,,falfens of groundwater per day per a G,14 - as 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 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+l# 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 than 249 gal'e groundwater peF da ry e#;et -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+ll 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 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^ groundwater; per da,,, ^°- ° ^r° e", let 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 it 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 wA4 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. 5.13.13 Meat Processing Facility, Commun (A) General Standards for Evaluation AGilibl shall be IGGated en the bona fide far 0) If IGGated in an AR zeRing ' 2s (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 +4 to the rear yaf4 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 t-;; 240 ga!lnns ^f groundwater err day per aGFe of !at area- 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 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: (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); (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 vA are expected to be affected by withdrawals made by the proposed use. 5.13.14 Meat Processing Facility, Regional (A) Standards for Class A Special Use Permit or ASE -CZ Zoning District (1) The minimum lot size shall be 15 acres. (2) If located adjacent to residentially zoned property, all buildings, outdoor storage areas, and animal pens shall be located a minimum of 300 feet from the property line. (3) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (4) Site shall have direct access to 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 t#a —2 ^ ^a' " ^ ^^ 9f groundwater per day peF ^cL ^f� -are 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 Section 5.13: Standards for Agricultural Uses (c) An analysis of whether other wells in the vicinity of the proposed use will are expected to be affected by withdrawals made by the proposed use. 5.13.15 Non -Farm Use of Farm Equipment (A) General Standards for Evaluation 0) Use shae4o lt -b ed�, a bORa fide fami:s1 (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 than 249 ,. -,non A groundwater per clay per -asre ^fti e;:• -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: (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); (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 wig 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 Section 5.13: Standards for Agricultural Uses (2) Standards of Evaluation — (a) The site is of adequate size to nr„ +o,.+ .,AaGe„+ pFepe ties frern adveFse off n+S ..f +he Fide g stable. Minimum lot size: 5 acres for up to 10 horses, increasing by % 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 major road, as classified in the Orange County Comprehensive Plan, and shall use said road as the primary access, unless approved otherwise in the permit. (3) All structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Parking area(s) shall include sufficient space for parking and maneuvering trucks and stock trailers. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (7) If located adjacent to residentially zoned property, all animal pens shall be located a minimum of 300 feet from the property line. (8) Application materials shall include a comprehensive groundwater study, for facilities expected to use more than 240- gallj^ ^f groundwater p9F day per @s7re of �, �G=Fre -a 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 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 v-.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 than 2n ,— 40 gam!!lens groundwater ^°F day per ° ^r° f G l„- ,mot -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); 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 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 will 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 th8R 244) e,21!G ^; groundwaterp4q-,�4ay-jq-cr -ey=e of lemma 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 tirnes 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 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 witl 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 Section 5.15: Standards for Automotive /Transportation Related Uses 5.15.1 Motor Vehicle Sales/ Re New & Used) in the N oning District (A) Standards for the NC -2 Zonin ict (1) This use shall a (e permitted w� 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. 2) The site shall have direct access onto a State maintained roadw (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. 5.16.2 Veterinary Clinic, mobile (A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning District (1) In the AR and R -1 zoning districts, this use is intended to be located on the same property as the operator's residence. The mobile clinic shall be parked to the side or rear of the residence, not in front of the residence, unless permitted otherwise in the permit. (2) For all zoning districts in which this use is permitted, observation shelters for up to three large or small animals shall be considered an accessory use. The permit may specify a greater number of observation shelters and may limit the maximum number of days an individual animal may be observed. (3) If adjacent to residentially zoned property, all mobile clinic operations shall be located a minimum of 100 feet from the property line. (4) Veterinary services whereby the public brings their animal to the mobile clinic location shall not be permitted, unless specifically permitted in the permit. 5.16.3 Veterinary Hospital (A) Standards for ASE -CZ Zoning District (1) In the ASE -CZ zoning district, this use is intended primarily for large animal facilities but may also contain an ancillary small animal component. (2) If located adjacent to residentially zoned property, all buildings and facilities shall be located a minimum of 100 feet from the property line. Orange County, North Carolina — Unified Development Ordinance Page 5 -132 Article 5: Uses 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. (ii) Location and dimensions of all on site signage. (iii) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and /or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration /rehabilitation proposed. 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.-r--.1417.4(A)(1). Orange County, North Carolina — Unified Development Ordinance Page 5 -134 Article 5: Uses 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: (i) Fire — identifies the primary and secondary responders and the source(s) of water. (ii) Police — identifies the primary and secondary responders. (iii) Rescue services — identifies the primary and secondary responders. (iv) Water Supply — source and capacity of water supply. (v) Wastewater Treatment Methods — provider and capacity of Section reference wastewater treatment source. update (c) Habitats shall be identified and evaluated in the biological inventory required by Section 5.4517.6(A)(2)(b)and are subject to the following: (i) 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 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; (ii) 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. (i) Habitat Maintenance (i) 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. Q) 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 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 6 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 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 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 velopmer subdivision as provided in Section 7.13 of this Ordinan (C) Flag L (1) Flag is as defined in Article 10 are accommodated ection 7.7 of thi Ordinance. 6.2.3 Clusterin (A) UNIV -CA & UNIV — PW Water ed P<er (1) Clustering of residential lots Ordinance. (2) Each lot shall conta' a minimum of (B) All Other Overlay Di acts Overlay Districts in accordance with Section 7.12 of this Clustering of res' ential lots is permitted in accordance wi Section 7.13 of this Ordinance. 6.2.4 Irregular Lo Any irr ular lot of record at the time these regulations became effective may be sub vided in co iance with applicable subdivision regulations and improvement requirements, to cr to ditional 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 A 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 Article 6: Development Standards Section 6.2: Lot & Building Standards (d) Duplexes, on lots that have twice the required lot area of the zoning district. A 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 5.2.1). 62.9, Corner Lot Setback on the Side Street / ny corner lot of record in a residential zoning district abutting a side street shall me the mi 'mum required setbacks of the zoning district in which it is located; provided, wever, that this r uirement does not reduce the width of area suitable for building to less an 25 feet. Figure i3.2 N N r! rD r-F i i I- 7: Corner Lot Side Yard Setback m c m d Setback on Side Street ❑ Buildable Area i Front Yard Sett Side Street 6.2.8 Additional Set cks Required in for Non - Residential Lots Abutting esidential Zoning Districts In /ent idential zoning districts, except 1 -1, 1 -2, 1 -3, and E1, required side a rear setbacks adjesidentially zoned land, shall be equal to the required side or rear set ck of the adj dential district. 6 .2.9 ermitted Projections Into Required Open Space (A) Certain architectural features, such as cornices, eaves and gutters, may project into t required open space as follows: Orange County, North Carolina — Unified Development Ordinance Page 6 -3 Article 6: Development Standards Section 6.4: Performance Standards following general provisions are applicable to MPD -CZ applications and fitted use, special use, accessory use, and conditional use in Economic :lo ent Districts: / (1) All bses and activities must provide secure, safe, and sanit facilities for the storage nd pickup of solid waste and recyclables. Suc acilities must be convenien collection and must be appropriate to type and size of use or activity being ed. (2) All solid waste and cyclables storage facili ' s must be screened in accordance with Sections 6.4 and . . of this Ordina (3) All uses and activities must ove cyclable materials from the solid waste generated and make them; vai a for recycling. Recyclable materials, consisting of Zshall a , pla 'c containers, corrugated cardboard and white office p news ers, and m or oil, must not be mixed with or disposed of w waste. (4) All uses and l remove or cause to removed all solid wastes from the site or pro harborage of such wast reates a health hazard. (5) Each M er Plan and site plan must be accompanied b Solid Waste Man en Plan, including a recycling plan and a plan for a management of C truction and land clearing debris. The recycling plan must ovide nformation regarding the type and quantity of recyclable materials enerated each month, and the facilities to be provided for collection and storage. Management plans for construction and land clearing debris must identify e type and quantity of debris as well as its disposal location. 6.4.10 Service & Outdoor (A) General Standards (1) Building service and loading areas must be conveniently located and accessible for normal service and maintenance needs, including the provision of adequate turning radii and parking areas for service vehicles. Such areas are to be located at the side or rear of the principal building(s), and designed so that all service and loading operations occur within the confines of the building site. (2) Outdoor storage shall be located only to the side and rear of a building. No outdoor storage is permitted to the front of a building. (3) If located adjacent to residentially zoned property, outside storage areas shall be screened from view of the residentially zoned property and shall be located a minimum of 100 feet from the property line.29 (B) Additional Standards in Economic Development Districts (1) Exterior storage for materials, supplies, and equipment may only be located at the side or rear of a building and only in totally enclosed screened areas. Exterior storage areas must never be located to the front of any building unless screened from view through the use of fencing, walls and /or landscaping, in accordance with Section 6.8 of this Ordinance. 29 While not only related to ASE uses, staff is suggesting the language regarding outdoor storage be included at this time because it is a direction Orange County has been going for several years in regards to outdoor storage areas. Staff is specifically noting that including the language in this section will make it apply in all commercial, industrial, economic development, and conditional districts (See 6.4.1(8)). 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 Director m 6.8.6 Land Use Buffers Article 6: Development Standards Section 6.8: Landscaping, Buffers & Tree Protection 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 lines nearest the adjacent streets, land uses and /or zoning designations. Buffers shall not be located on any portion of an existing or proposed street right of way, drainage or utility easement. (2) No building or structure of any type shall be erected, constructed or installed in a required land use buffer. (D) Land Use Buffer Table (E) Natural Buffers 30 The AS zoning district does not currently appear on this chart. Staff is suggesting the AS zoning district be added to the chart to require that property zoned AS is also required to provide a buffer. Orange County, North Carolina — Unified Development Ordinance Page 6 -43 TABLE 6.8.6.D: LAND USE BUFFERS _ c� LO ZONING N OR USE r -J OF ADJACENT to U W PROPERTIES a ci ¢ = 0 f W w w a D Q' Q N V = N U Z O d' Cl) U - N LLI W Q N z N Q Of F- Q U J U LL j U Q Q - a000000 ©v ©vv - ov00000 ©0000 - 0000 ©voo ©000 - ::. � 000e ©0000000 ©0000000 ©000 - �' ©© ©00000 ©000 00000 0 0000 ©0000 = vv Note: MPD-CZ buffers to be determined at time of approval. (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 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 4 TYPE WIDTH MIXED OVERHEAD DECIDUOUS Plant Material Required Per 100 Linear Feet 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous A 20 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous B 30 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 3 Canopy Tree 3 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 1 Evergreen Tree 4Evergreen Tree 0 Evergreen Tree 2 Deciduous 2 Deciduous 0 Deciduous 7 Deciduous C 40 Understory Understory Understory Understory 5 Evergreen 5 Evergreen 9 Evergreen 5 Evergreen Understory Understory Understory Understory 40 Shrubs Tree 40 Shrubs Tree 38 Shrubs Tree 30 Shrubs Tree 6 Canopy Tree 7 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 7 Evergreen Tree 0 Evergreen Tree 4 Deciduous 10 Deciduous 0 Deciduous 12 Deciduous D 50 Understory Understory Understory Understory 9 Evergreen 0 Evergreen 16 Evergreen 9 Evergreen Understory Understory Understory Understory 70 Shrubs Tree 67 Shrubs Tree 68 Shrubs Tree 1 53 Shrubs Tree Orange County, North Carolina — Unified Development Ordinance Page 6-44 Article 6: Development Standards 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 Planting Requirements ( Street Trees Street trees shall be required at the rate of one canopy tree an ne understory, either deciduous or evergreen, tree for every 65 feet of stre frontage along e ' ting and proposed public and private streets, not in ding alleys. (2) To en h a the natural appearance in the rural a s of the County, canopy and understory es shall be planted, and clusteri 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 ' in e front yard setback along all existing and proposed street frontages, p ' and private, except for alleys. (4) If a conflict exists with ,p4lic utilities, rnate plantings consisting of a greater number of un=11be trees will be permit (5) Street trees f a spe cies included on the anning Director's list of acceptab street tree species. (B) Between L lantings (1) here a land use buffer is not required, a landscape area ten fee ' width exclusive of drainage and /or utility easements shall be provided along interior side and rear lot lines of each lot being developed. If there are no existing es, the developer shall provide a minimum of one tree per one thousand square fe of land contained within the ten foot landscape area. Orange County, North Carolina — Unified Development Ordinance Page 6-45 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation OFF-STREET TABLE 6.9.7: REQUIREMENTS USE MINIMUM PARKING 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— vivrage Mill One space per employee on shift of maximum employment Greenhouses with {On Premises Sales) One space per 400 square feet of gross floor area Meat Processing Facility One space per employee Stables, Commercial One space per three horses (or other equine) kept on site Stockyards / Livestock Markets CHILD CARE Child Care Facilities One space per employee plus one space per 4 spectator seats OR one space per employee plus one space per 50 square feet of event area, whichever is areater . 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 per 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 • h OR PF9R4 S G (Isle es.) rti (On Pi:emises Sales 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 Section 6.9: Parking, Loading & Circulation TABLE 6.9.7: • REQUIREMENTS REQUIREMENTS USE MINIMUM PARKING 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 retails 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 s uare 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 no requirement ASSEMBLY& PROCESSING One space per employee on the shift of maximum employment Industrial, Medium One space per employee on the shift of maximum employment Orange County, North Carolina — Unified Development Ordinance Page 6 -57 Article 6: Development Standards 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 Animal Veterinary Hospitals; " 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 gross 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 Section 6.9: Parking, Loading & Circulation E:111ut r[I y une and one -half space per dwelling unit One bedroom Two spaces per dwelling unit Two bedroom Dwelling, Single Family One space per dwelling unit Dwelling, Two Family One space per dwelling unit Family Care Facilities One space per three residents; One space per employee on the shift of maximum employment Group Care Facilities One space per two beds; Ones ace 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 TRANSPORTATION Bus Passenger Shelters 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 Structure no requirement Petroleum Products: Storage and Distribution One space per employee Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one s ace er 800 s uare feet of ross floor area Public Utility Stations & Substations, UTILITIES Pumping Stations, Switching Stations, no requirement Telephone Exchanges Radio & Television Transmitting & Receiving Towers, Water Treatment & Sanitary Sewage Treatment Plants, Elevated Water no requirement 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 urange County, North Carolina — Unified Development Ordinance Page 6 -59 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation TABLE 6.9.7: • REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Church One space per four seats Clubs or Lodges, Social One space per three members Community Center One space per 400 square feet of gross floor area Crematoria One space per employee Research Facility One space per employee Research Lands & Installations , Non - Profit no requirement Rural Heritage Museum One space per 400 square feet of gross floor area Rural Special Events One space per employee plus one space for 50 square feet of event area Determination For Unlisted Uses Tbe,planning Director shall make a determination of the minimum required off - street ing space or uses not specifically listed in this Section. In reaching tZdeterminati the Planning Directo r m consider the following: (1) uirements for similar uses, (2) The nu er and kind of vehicles likely to be attr d use, and (3) Studies of the king requirements of su uses in other jurisdictions. 6.9.9 Fractional Results When the number of parking spaces requ fraction of less than one -half may be di as one parking space. 6.9.10 Off - Street Parking Desigp- Standards Ll�is Section results in a fractional space, any a ction of one -half or more shall be counted (A) Standard P ing Spaces (1) act 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 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 nnn+ini 9 io Gare of the animals kept 9R s, +o. 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. 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 jumping, dressage, rodeos, general horse /mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Farm Equipment, Non -Farm Use of Commercial use of the farm equipment for non-farming 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. 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, , 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 Major Events A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or off -site with tours of the facility, tastings of the products produced on -site, and periodic events that are expected to attract more than 150 people to the site. Food services may be permitted under the conditional zoning or special use permit approval. Rural Heritage Museum A facility which stores and exhibits objects of historical, agricultural, and /or cultural interest for the purpose of educating the public about the rural heritage of Orange County and surrounding areas. Rural Special Event A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to attract more than 20 people at any given time. Saw Mill A facility where off -site logs or timber are sawn, planed or otherwise processed into lumber or other wood products; not including the processing of timber for use on the same parcel of property. 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) 2030 Comprehensive Plan Amendments No revisions on first two pages - included for 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.v� cov vtty Cotnprahen& m PLa w Page F-1 Appendix F: Land Use and Zoning Matrix Industrial); LC -1 (Local Commercial); NC -2 (Neighborhood Commercial); CC -3 (Community Commercial); GC -4 (General Commercial); and 0/1 (Office /Institutional). ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE Identifies areas along major transportation corridors that may be in proximity to 10- Year or 20 -Year Transition areas of the County which have been specifically targeted for economic development activity, consisting of light industrial, distribution, flex space, office, and service /retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. The applied zoning districts are EDB -1 (Economic Development Buckhorn Lower Intensity), EDB -2 (Economic Development Buckhorn Higher Intensity), EDE- 1(Economic Development Eno Lower Intensity), EDE -2 (Economic Development Eno Higher Intensity), EDH -1 (Economic Development Hillsborough Linear Office), EDH -2 (Economic Development Hillsborough Limited Office), EDH -3 (Economic Development Hillsborough Limited Office with Residential), EDH -4 (Economic Development Hillsborough Office), EDH -5 (Economic Development Hillsborough Office /Flex). RURAL LAND USE CLASSIFICATIONS RURAL BUFFER Only very low density residential and agricultural uses are appropriate in the Rural Buffer. The applied zoning district is RB (Rural Buffer). RURAL RESIDENTIAL Identifies rural areas to be developed as low intensity and low density residential. The applied zoning district is R -1 (Rural Residential). AGRICULTURAL RESIDENTIAL Agricultural activities and associated residential and commercial uses predominate. The applied zoning districts reflect this primary land use and include: AR (Agricultural Residential) and AS (Agricultural Services). RURAL COMMUNITY ACTIVITY NODE Identifies rural crossroads communities throughout the County where small scale commercial activities serving the community and surrounding area are appropriate. The applied zoning districts include: LC -1 (Local Commercial) and NC -2 (Neighborhood Commercial). RURAL NEIGHBORHOOD ACTIVITY NODE. Identifies areas in the County where small scale commercial uses serving the population in the surrounding area are appropriate. The applied zoning districts include: LC -1 (Local Commercial) and NC -2 (Neighborhood Commercial). RURAL INDUSTRIAL ACTIVITY NODE Identifies rural areas in the County where small scale industrial activities would be appropriate. The applied zoning district is 1 -1 (Light Industrial). OVERLAYS PUBLIC INTEREST AREA These lands are considered valuable for recreational and research purposes and are afforded special treatment. The applied zoning district is PID (Public Interest District). Ora vi.q�CocwiLy Compreh.en ve platy Page F-2 Appendix F Land Use and Zoning Matrix rra4WCov,nty comprehe4mlW&fla4V Page R5 ZD- J + ♦ ♦ ♦ ♦ ) Zi- aaw + ♦ 4 ♦ ♦ ♦ 2 ZD- ]SY ■ + + + + + d QJ ♦ 22 4• r�WA 2 z mP®S + SY + \ f `z!!2`— tDgg + ` g`mG`m£ 2 2 2 l = u \ \ e £! ♦ § Z1� + § 14 / f + \ to % + ♦ \ - J o 4 \ / } Caa ♦ + ♦ ♦ ♦ ♦ + + ♦ f!- ` «` H ♦ ♦ § / + j♦ E Nd ♦ ♦ § 2� ♦ + ♦ 7 ,dv }#� ♦ � » . » / } \ / B } \ \� > % %T \ 2] \ \ \§ §§ , t22 .- z = \ � : c u z 2 ; \ & ■ = \ E c - _ � _ > _ � � 3 .. Q u A u 4 u¥ k E01 9 9 a k z 9 4 k z $ u msu JI I !un «n rra4WCov,nty comprehe4mlW&fla4V Page R5