HomeMy WebLinkAboutAgenda - 11-25-2013 - C1 3
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 25, 2013
Action Agenda
Item No. C.1
SUBJECT: Unified Development Ordinance Text Amendment Related to Home
Occupations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Ashley Moncado, Planner II (919) 245-2589
Development Ordinance(UDO) Craig Benedict, Director (919) 245-2575
Amendment Outline Form and Section
419 of the North Carolina Building Code
2. Proposed Text Amendments
3. Proposed Amendment Summary
Spreadsheet
4. Planning Board Minutes and Ordinance
Review Committee Notes
5. Map of Potential Major Home Occupation
Locations
PURPOSE: To hold a public hearing on a Planning Board and Planning Director initiated Unified
Development Ordinance (UDO) text amendment regarding existing home occupation standards
contained within the UDO. The amendment also involves the renumbering and reformatting of
Sections 2.22, 5.4.3, and 5.5.3.
BACKGROUND: At the January 9, 2013 Planning Board meeting, Board members discussed
areas of interest to be worked on in the coming year. Many of these items were elements
highlighted in the UDO Implementation Bridge report prepared when the UDO was adopted in
2011. One item presented by the Planning Board and referenced in the Implementation Bridge
was the need to review home occupation requirements to determine if there is a need to revise
existing standards.
In July 2013, staff began working with the Planning Board to review and revise home occupation
standards contained in the UDO, including reviewing the standards of some neighboring
jurisdictions. The Planning Board and staff discussed this topic in July, September, October,
and November and meeting minutes/notes are included in Attachment 4. Agenda materials for
past Planning Board meetings are available at
http://www.co.orange.nc.us/planning/plannin.qboard.asp.
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As the graphic at the end of the abstract depicts:
The goal of the proposed amendment was to create a reasonable balance between supporting
home based businesses in the county and protecting the character and enjoyment of residential
neighborhoods.
Planning Board discussions also reflected the fact that many artist studios are, or can be,
considered home occupations; the desire to update regulations to better accommodate artist
studios in the county was discussed at the February 2014 BOCC Retreat and at the May 14
work session when "Agricultural Support Enterprises" was presented.
The proposed amendments:
• Create two categories of home occupations: Minor and Major
• Change the existing standards to allow for an increase in the number of square feet that can
be used for home occupation purposes,
• Increase the number of allowable onsite employees,
• Permit larger scale home occupations ("Major") in the Agricultural Residential (AR) and Rural
Residential (R-1) zoning districts, and
• Allow for the exemption of special events organized or affiliated with a governmental or non-
profit agency.
The proposed amendments also modify and clarify existing regulations and definitions associated
with home occupations. Attachment 1, the Amendment Outline Form approved by the BOCC on
September 5, provides additional background information on the proposal. Proposed text
amendment language can be found in Attachment 2 within a"track changes"format (red texffor
proposed additions and red stFikethmugh for proposed deletions). Additionally, Attachment 3
contains a spreadsheet summarizing proposed revisions to Sections 2.22, 5.3.4, and 5.5.3. Finally,
Attachment 5 includes a countywide map identifying parcels greater than five acres in size in the AR
(Agricultural Residential) and R-1 (Rural Residential) zoning districts that would allow for a major
home occupation.
Legal ads for the public hearing were placed in a newspaper of general circulation in the County
in accordance with Section 2.8.7 of the UDO.
Joint Planning Area (JPA) Agreement
The opportunity for comment by the JPA partners (Towns of Chapel Hill and Carrboro) is
required for all UDO text amendments that may affect the RB (Rural Buffer) zoning district.
Since "Minor" Home Occupations will continue to be allowed in the RB district and some of the
standards for a "Minor" home occupation are changing, the proposed text amendments were
submitted to the JPA partners for review and comment on November 7, 2013. To date, no
comments have been received.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement will be paid from
FY2013-14 Departmental funds budgeted for this purpose. Existing planning staff included in the
Departmental staffing budget will accomplish the work required to process this amendment.
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RECOMMENDATION(S): The Planning Director recommends the Board:
1. Receive the proposed amendments to the UDO as detailed in this abstract and
attachments.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the January 23, 2014 BOCC regular meeting.
4. Adjourn the public hearing until January 23, 2014 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Strive to create a reasonable balance between supporting home based businesses
and protecting the character and enjoyment of residential neighborhoods
I
ome
Occupations
Proposed uses exceeding home occupation regulations may apply for a
conditional use permit or relocate to a commercial zoning district.
Attachment 1 '
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2013-03
Home Occupation Standards
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From:
To:
❑ Zoning Map:
From:
To:
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
Pection(s):
® UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s): 1. Section 2.22 Home Occupations
2. Section 5.4.3 Special Events
3. Section 5.5.3 Home Occupations
❑ Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the LIDO, the Planning Board and Planning
Director are proposing to initiate a text amendment to modify existing language
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relating to the regulation of home occupations within the county.
At the January 9, 2013 Planning Board meeting, Board members discussed areas of
interest for planning staff to address for the next year. One item, which was
highlighted in the UDO Implementation Bridge report prepared when the UDO was
adopted in 2011, included the need to review existing home occupation standards for
a potential revision. At that time, Board members expressed concern with the
existing standards limiting home occupations by being too restrictive with the
required square footage allowances and . number of permitted non-residential
employees. As a result, the Board requested staff to proceed with reviewing existing
standards. To address the Planning Board's request, staff presented information at
the July 10, 2013 Planning Board meeting, including a summary of current standards
contained in the LIDO, a comparison with other local jurisdictions' standards, and
items of consideration to facilitate and promote the use of home occupations.
Following review and discussion, the Board asked staff to proceed with an
amendment to the UDO addressing their comments and areas of interest relating to
the UDO Implementation Bridge report.
At the September 4 Planning Board meeting, staff presented draft language based
on Planning Board comments received at the July meeting for review. Additionally, at
this time, staff presented Section 419, Live/Work Units, from the 2012 North Carolina
Building Code regarding the review and permitting of home occupations that are
classified as live/work units. Although planning staff considers this Section of the
building code, adopted in 2012, to be restrictive, local governments cannot amend
laws, codes and/or rules adopted by the State. Staff anticipates that this Section of
the building code will result in prospective home occupation applicants deciding to
locate their home occupation in an accessory structure if the home occupation
comprises of more than ten percent of their home's square footage. A copy of
Section 419 is included at the end of this form.
At the October 2 Ordinance Review Committee (ORC) meeting staff presented
proposed amendment language for Board comment. Following this meeting, planning
staff identified concerns with the proposed recommendations and requested a
meeting with the Planning Board Chair and Vice Chair to discuss and review the
Board's recommendation. The Planning Board Vice Chair was unable to attend, but
did provide , comments regarding proposed recommendations to staff and A the
Planning Board Chair. At the October 16 meeting with Chair Hallenbeck proposed
standards based on Planning Board's recommendation were revised in order to
create a reasonable balance between supporting home based businesses in the
county and protecting the character and enjoyment of residential neighborhoods.
Revised recommendations were presented at the November 6 ORC meeting. During
this meeting, members stated concern with existing standards prohibiting specific
uses from receiving a home occupation permit [See UDO Section 5.5.3(2)(a)(iii)] but
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no specific amendment requests were made. Chair Hallenbeck suggested members
to provide their concerns in writing to staff and the BOCC. To date no written
comments have been received.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
The purpose of the proposed amendment is to develop standards that accommodate
and encourage the use of home occupations while protecting the residential
character of neighborhoods and meeting standards of the North Carolina Building
Code in order to incorporate recommendations of the Implementation Bridge into the
Unified Development Ordinance. Proposed standards will allow for smaller and larger
scale home occupations with the development of two categories including a minor
home occupation and a major home occupation. Uses such as artist studios often are
considered home occupations and the updated standards will apply to artist studios.
This is a topic that was raised at the February 2013 BOCC retreat and the May 14,
2013 BOCC work session when "Agricultural Support Enterprises" was discussed.
Additional amendments to Section 5.4.3 Special Events will address reviewing and
permitting events conducted by the home occupation. Specifically, allowing nonprofit
or government organized events, including the Orange County Open Studio Tour, to
be exempt from the existing special event and Class B Special Use Permit process in
order to support and accommodate these events within the county. Also, see Section
D of this Form.
3. Comprehensive Plan Linkaqe (i.e. Principles, Goals and Objectives)
Economic Development Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and enhances
high quality employment opportunities for County residents.
Economic Development Objective 1.5: Identify barriers to development of
desirable businesses and local businesses, and mitigate these barriers.
4. New Statutes and Rules
N/A
- C. PROCESS
1. TIMEFRAMEIMILESTONES/DEADLINES
a. BOCC Authorization to Proceed
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9
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 –approve legal ad for public hearing — —
January 2014 – receive Planning Board recommendation J
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
July 10, 2013 –discussion of topic
September 4, 2013 –further discussion
October 2, 2013 – Ordinance Review Committee
November 6, 2013 –Ordinance Review Committee
December 4, 2013 – recommendation to BOCC
b. Advisory Boards:
c. Local Government Review:
The proposed text amendments were
submitted to the JPA Partners on
November 7, 2013.
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing � -
e. Outreach:
❑ General Public: _
❑ Small Area Plan Workgroup., T
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2013-14 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
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D. AMENDMENT IMPLICATIONS
Proposed amendments to existing home occupation standards include two types of
home occupations. The first type, minor home occupations, follows the existing review
process in place for home occupations with revisions allowing for an increase in square
footage and number of employees in all residential districts. The second type, major
home occupations, is proposed in order to accommodate larger scale accessory
business uses in the AR (Agricultural Residential) and R-1 (Rural Residential) zoning
districts. A Class B Special Use Permit will be required for major home occupations.
The number of employees and permitted amount of square footage utilized in a major
home occupation shall be determined with the approved special use permit.
Additional minor revisions to existing standards will address traffic generation, accessory
structures, outdoor storage space, vehicle weight restrictions, and landscaping for all.
home occupations. Proposed amendments will introduce standards addressing the total
number of students, customers, and/or clients permitted per day and address the review
of special events for home occupations. Finally, definitions referencing minor home
occupations and major home occupations are proposed within Article 10. The Planning
Board and staff have endeavored to be mindful of any adverse impacts that may occur
in the various types of residential districts found in the county while creating the
amendment package.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 for proposed language
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado @orangecountync.gov
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Attachment 2 1 1
LIDO AMENDMENT PACKET NOTES:
The following packet details the proposed modifications to existing home occupation standards.
Proposed regulations include the establishment of two new home occupation categories
allowing for minor and major (larger scale) home occupations. The amendment package also
proposes the re-numbering and reformatting of Sections 2.22, 5.4.3, and 5.5.3, to accommodate
the new standards.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal, staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be added to
the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. 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 or footnotes
from previous sections `spill over' onto the included page. Text with a large "X" is not proposed
for modification.
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.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://orangecountync.gov/planning/Ordinances.asp
t ,
Article 2: Procedures
12 Section 2.22: Home Occupations
(3) Structural stormwater measures that are designed, constructed and mai fined
in accordance with the NC DWQ Stormwater BMP Design Manual, proved
accounting tool, and requirements listed in Section 6.14 will be sumed to meet
the required performance standards of Section 6.14. Submi s containing
easures not designed to these specifications, may be proved on a case by
cas asis provided the applicant provides adequa data and information
showing w the deviations meet the requirem s of Section 6.14.
(C) Plan Approval
The Erosion Control Officer is thorized pprove any Stormwater Management Plan
which is in conformance with the f ance standards specified in the NC DWQ
Stormwater BMP Design Manual er requirements of this Ordinance.
(D) Approved Plan a Prerequ' ' e
The Erosion Control icer is not authorized to iss any permits for development on
any land that is fined as new development under Sec i 6.14 of this Ordinance
unless and i a Stormwater Management Plan in complia with the requirements of
this Ordi nce has been approved.
(E) D ign of Permanent Nutrient Export Reduction Structural Storm er Measures
When a permanent nutrient export reduction structural stormwater measure is quired
for new development to meet the requirements of this Ordinance, a North Carolina
registered professional engineer shall prepare the plan with the Engineer's Certificatio f
Stormwater Management affixed, signed, sealed and dated.
•N 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application for a minor home occupation shall include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.3.
(D) An application for a major home occupation shall require a Class B Special Use Permit
and adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.3.
2.22.2 Conditions of Approval
(A) If conditions are attached to the approval of a permit, they may address deficiencies in
meeting specific Ordinance requirements or they may address specific impacts which
result from the operation of the home occupation.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Number of vehicles to be parked on.the premises;
(3) The location of an accessory building, storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the home occupation from adjoining properties.
Orange County, North Carolina—Unified Development Ordinance Page 2-63
Article 5: Uses
Section 5.4: Standards for Temporary Uses 13
5.4.3 Special Events
(A) Arts and Cultural Special Events
(1) All arts and cultural special events organized, conducted, and affiliated with a
nonprofit or government entity, including the annual Orange County Open Studio
Tour, shall be exempt from the special event review and permitting process.'
(B) General Standards of Evaluation
(1) The application shall include a written description of the type of event planned,
the number of participants for any single event, the frequency of the events, the
anticipated hours of operation, the potential dates for the events, and the method
and adequacy of sewage disposal, recycling and waste disposal, access,
parking, lighting, and signage;
(2) The plot plan shall be accompanied by written approval from the Orange County
Division of Environmental Health regarding the adequacy of the water-supply and
wastewater disposal;
(3) The plot plan shall have written approval from the Orange County Fire Marshal;
(4) The applicant shall submit a copy of notification sent to the Orange County
Sheriff's Department stating the type of events, number of participants, date(s)
and hours of operation, and emergency contact information. A location map
must be attached to the notice provided to the Sheriff;
(5) Lot size shall be adequate to accommodate all proposed activities including safe
vehicular and pedestrian circulation;
(6) The proposed activity will occur on no more frequently than seven days in a 30-
day period, and on no more than 50 days per year; and
(7) Signs shall be permitted in accordance with Section 6.12.11(D).
(C) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A written description of the exact type of event planned, the maximum
number of participants, the frequency of the event, anticipated dates and
hours of operation, method and adequacy of sewage disposal, recycling
and waste disposal, access, parking, lighting, and signage;
(b) A site plan showing the boundaries of the area to be used for the events,
the locations of access points, parking, service areas, activity areas,
restrooms, solid waste disposal/recycling facilities, lighting, and signage;
(c) Written comments from the Orange County Health Department,y Division
of Environmental Health regarding the adequacy of plans restroom
facilities and food preparation/handling arrangements; and
(d) Written comments from the Orange County Fire Marshal and Sheriff's
Department regarding the adequacy of parking, access, or other factors
related to public safety.
' Proposed amendments regarding arts and cultural special events will address concerns with
accommodating and permitting community wide events conducted by a nonprofit or government
organization more efficiently. These standards will allow art and studio home occupations that participate
in these events to be exempt from the Class B Special Use Permit process.
2 Adding a new(A) resulted in the automatic renumbering of subsequent subsections.
Orange County, North Carolina—Unified Development Ordinance Page 5-30
Article 5: Uses
14 Section 5.5: Standards for Residential Uses
A' a
1 Accessory Structures and Uses
(A) General Standards of Evaluation
(1) Accessory structures and uses shall not be located in any required fr t open
space and shall conform to the principal setbacks of the district w relocated
unless otherwise provided in this Section.
(2) An attached private garage, or carport, not exceeding 12 f t in height, may
cupy a portion of the required side open space, prov" ed that this does not
res t in a required side open space of less than 70/ f the lot width, nor a total,
when mbined with the required side open spa of the lot immediately
adjacent, f less than eight feet.
(3) Mobile homes s accessory structures to esidential uses are prohibited.
5.5.2 Efficiency Apartment
(A) General Standards of Evaluatio
(1) There shall be no more n o efficiency apartment, whether detached or
attached, on any lot.
(2) The efficiency u i shall contains no m e than 800 square feet of gross floor
area.
(3) The resi ntial lot shall meet the minimum lot ' e requirements of the zoning
distri in which it is located.
(4) e efficiency unit shall comply with the N.C. Residen i I Building Code including
minimum light/ventilation and room sizes.
The efficiency unit shall be accessory to the principal dwelling nit and may be
attached or detached.
(6) The efficiency unit shall be served by an approved water supply and s itary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residen
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirements
In addition to the completed application form, applicants for a minor or major
home occupation shall submit the following to the Planning Department:
(a) Minor Horne Occupations ,
(i) A plot plan of the property on which the home occupation is to be
located. The plot plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
C. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
Orange County, North Carolina—Unified Development Ordinance Page 5-33
Article 5: Uses
Section 5.5: Standards for Residential Uses 15
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(b) Major Home Occupations
(i) A site plan of the property on which the home occupation is to be
located. The site plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
C. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(2) Standards of Evaluation
(a) All Home Occupations
(i) No home occupation may be operated in a residence except as
permitted under this Ordinance and only after a Home
Occupation Permit has be issued in accordance with the
provisions of Section 2-.24 2.22 of this Ordinance.
(ii) Home based business operations that do not include nonresident
employees located onsite, signage, onsite retail sales, or onsite
students, customers, and/or clients do not require a home
occupation permit.
(iii) Uses Not Permitted
a. The following activities are explicitly prohibited as home
occupations:
i. Automotive repair,
ii. Automotive service,
iii. Automotive detailing,
iv. Body shop,
V. Hauling, and
vi. Building,,electrical, plumbing, mechanical,
grading or other construction contracting.
b. The above list is not intended to.include all uses which
may be unsuitable as a home occupation. Home
Occupation applications for other uses may be denied if
the Standards of Evaluation listed herein are not fully
met.
(iv) No equipment or process shall be employed that will cause
noise, vibration, glare, odor or electrical interference detectable
to the normal senses at the lot lines in the case of detached
dwelling units or outside the dwelling unit, in the case of attached
dwelling units.
Orange County, North Carolina—Unified Development Ordinance Page 5-34
Article 5: Uses
16 Section 5.5: Standards for Residential Uses
(v) The on-premises sale and/or delivery of goods which are not
produced or modified in a manner that adds value to the product
on the premises is prohibited, except in the case of the delivery
and sale of goods incidental to the provision of a service. No
goods, products, or commodities purchased and secured for the
main purpose of onsite resale shall be permitted.
(vi) All events conducted in connection with the home occupation
and exceed the number of permitted daily students, customers,
and/or clients contained within Sections 5.5.3(A)(2)(b)(i)d and
5.5.3(A)(2)(c)(i)g must adhere to Section 5.4.3, Special Events.3
(b) Minor Home Occupations
(i) General Operations
The following requirements apply to minor home occupations in
all residential districts:
a. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. nl^ mere than bun indi„idi isto nn±
li�iing in the residence may work in the hem^eee�ipatien
. n-o�-r�-rr-rrrc' '
Minor home occupations shall not exceed three
nonresident employees onsite at any one time.
b. In all residential districts except RR AR ani-I R_1 no
more than 35% of the floor area of the dwelling unit or
5GG 750 square feet, whichever is less, may be used for
the home occupation.
C. Up to three students, customers, and/or clients shall be
permitted onsite at any one time, not to exceed a total of
six students, customers, and/or clients per day.
(ii) Limitations on Traffic Generation
a Traffle generated by visitors ei isterners or deliveries
hall net eveeed mere than t\A/e b iciness trips per hour,
mere than eight trips per day er mere than two deliverieq
of reds lets or materials per week. All deliveries must be
made by vehicles of a size normally used for household
deliveries.4
b. Parking generated by the home occupation shall be met
off the street and vthr,e"-tcrhraR not in a required yard area.
C. There shall be no use of a vehicle with a lead eapaeity in
evgess of ene tep a gross vehicle weight in excess
of14,000 pounds used in connection with the home
3 Approved home occupations that conduct special events onsite are required to adhere to Section 5.4.3
Special Events. Home occupations that participate in a nonprofit or government organized event including
the annual Orange County Open Studio Tour shall be waived from the special event review process as
proposed within Section 5.4.3 Special Events.
a Existing standards regulating the number of trips and deliveries per hour, day, and week were found to
be inconsistent with proposed language limiting the number of students, customers, clients, and event
attendees onsite per day.As a result, these standards are being proposed to be removed to allow traffic
generation standards concerning daily trips and parking to be regulated by the number of permitted
students, customers, clients, and event attendees onsite at any one time or per day. Additionally,
proposed standards shall allow for an increase in deliveries while limiting the type of vehicle to a size
normally used for household deliveries.
Orange County, North Carolina—Unified Development Ordinance Page 5-35
Article 5: Uses
Section 5.5:Standards for Residential Uses 17
occupation 5. in^l"ding .'eh;c;les 11sed for deliver, er iG
up. Vehicles with the permitted load GapaGity geRerally
include largo PiGk-up trUGks and delivery tFUGks and
van°sQeh these used by IMPS, but weuld not tnslud-e
vehiGles c, rh as trailers fronfnr trailers nr dump fn inL c 6
(iii) Use of Accessory Structures
a. An accessory building containing up to 1000 1,500
square feet may be utilized in the RR OR and R-4
residential zoning districts, detailed in Section 3.3,
provided that building has the appearance of a
residential accessory structure.
b. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous plant materials-vegetation planted along the
outside of the fence may be used for screening
purposes.
c. New structures built for the purpose of conducting a
home occupation shall not exceed 4-0091,500 square
feet in area.
d. An existing accessory structure which is larger than
19091,500 square feet may be used for the home
occupation provided that no more than 4-009 1,500
square feet is used for the home occupation and the
area is physically separated by walls or other barriers.
In order to qualify as an existing accessory structure for
the purpose of conducting a home occupation, the
structure must have been constructed to meet building
code requirements applicable to a residential accessory
structure, and must have been in existence for at least
36 months.
(iv) Use of Outdoor Storage
a. Up to 500 square feet of outdoor storage area may
u-sell shall be permitted only in the RB, AR and R-1
zoning districts provided that it:
i. Is clearly defined on the site plan and on the
ground.
ii. Is located at least 40 feet from any lot line or
road right-of-way; and
iii. Is totally screened from the view from the road
and from adjacent property in the same manner
as is required for accessory buildings.
5 Weight standards have been modified replacing load capacity with the more common and familiar
vehicle gross weight standard. The proposed weight of 14,000 pounds will allow for the use of standard
and larger sized pick-up trucks in connection with all home occupations.
6 Staff recommends the existing language to be revised in order to a avoid a potential inconsistency with
standards contained within item a.
7 Revised standards are proposed to allow the use of accessory structures up to 1,500 feet in all
residential districts contained within Section 3.3, Residential Districts, instead of limiting this use to only
the RIB, AR, and R-1 districts.
Orange County, North Carolina—Unified Development Ordinance Page 5-36
_ I
Article 5: Uses
18 Section 5.5: Standards for Residential Uses
(c) Major Home Occupations
(i) General Operations
The following requirements apply to major home occupations:
a. Major home occupations shall be permitted only in the
AR and R-1 zoning districts.
b. All major home occupations shall be located on parcels
at least five acres in size.
C. All accessory structures, outdoor storage space,and
parking areas used in conjunction with the home
occupation shall be setback at least 80 feet from all
property lines and public or private roadways.
d. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. Up to six permanent and/or
temporary nonresident employees may be permitted
onsite at any one time with the exact number established
in the Special Use Permit.
e. The total amount of square footage permitted for a
residential dwelling unit used in conjunction with a major
home occupation,which exceeds standards referenced
in Section 5.5.3.A.2(b)(i)b, shall be determined with the
approved Special Use Permit, but in no case shall the
total exceed 50%of the floor area of the dwelling unit.
f. Up to eight students, customers, and/or clients shall be
permitted onsite at any one time, not to exceed a total of
fifteen students, customers, and/or clients per day.
(ii) Limitations on Traffic Generation
a. All major home occupations shall conform to the
standards of Section 5.5.3(A)(2)(b)(ii).
b. Major home occupations located on public roadways
may be required to submit a driveway permit prior to
approval.
C. Major home occupations located on shared private
roadways shall be required to submit a private road
maintenance agreement prior to approval.
(iii) Use of Accessory Structures
a. An accessory building containing up to 2,500 square feet
may be utilized, with the approval of a major home
occupation, on tracts totaling five to ten acres in size. An
Accessory building containing up to 3,000 square feet
may be utilized, with the approval of a major home
occupation, on tracts greater than ten acres in size.
b. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous vegetation planted on the outside of the fence
may be used for screening purposes.
C. New accessory structures built for the purpose of
conducting a home occupation shall not exceed square
Orange County, North Carolina—Unified Development Ordinance Page 5-37
x Article 5: Uses
Section 5.5: Standards for Residential Uses 1
footage allowances referenced in Section
5.5.3.A(2)(e)(iii)a.
d. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
used in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Located at least 80 feet from any lot line or road
right-of-way; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
4 Mobile Home Parks
Standards for MHP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes, as defined by this Ordinance, th ollowing
ccessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office.
(b) ice buildings and areas necessar o provide washing and drying
mac ' es for domestic laundry, s ation, rest rooms, storage, vending
machine , and other similar s ices provided by the facility for the use
and conveni ce of the m ile home park tenants.
(c) Recreation buildin cilities and areas serving only the mobile home
park in which th are cated.
(d) Customar ccessory builds s and facilities necessary for operation of
'the mo i e home park in which y are located.
(e) rage buildings for individual mobi ome spaces and intended for the
exclusive use of the occupants of the mo i e home space.
Fenced, communal storage areas provided by e park operator for
boats, campers, and other accessory vehicles bel ing to park
residents.
(g) Sales of mobile homes already located on approved and es lished
mobile home stand spaces.
(2) Mobile Home Stand Space Requirements
Orange County, North Carolina—Unified Development Ordinance Page 5-38
Article 10: Definitions
20 Section 10.1: Definitions
High-Density Option
One of two approaches available for development in some watershed overlay districts. Generally, the
high-density option relies on density limits and engineered stormwater controls to minimize the risk of
water pollution.
Highest Adjacent Grade (HAG)
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of
the structure.
Historic structure
Any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c) Individually listed on a local inventory of historic landmarks in communities with a "Certified Local
Government(CLG) Program,"which has been approved by the Department of the Interior; or
d) Certified as contributing to the historical significance of a historic district designated by a
community with a"Certified Local Government(CLG) Program". (CLG Programs are approved
by the US Department of the Interior in cooperation with the North Carolina Department of
Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966, as amended).
Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Home Occupation, Major
An accessory business use which is owned and operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental
and subordinate to the principal residential use of the property. Major home occupations,which do not
meet the standards of a minor home occupation, shall accommodate for larger scale accessory business
uses by allowing for an increase in square footage, number of onsite employees, students, customers,
clients, and annual events with an approved Class B Special Use Permit.
Home Occupation, Minor
An accessory business use which is owned or operated by the resident of a residentially-zoned property
which busine and is clearly incidental and subordinate to the principal residential use of the property.
Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week,
as distinguished from multi-family dwellings, rooming houses and residential hotels in which rentals and
leases are for weekly or longer periods and occupants are generally residents rather than transients.
Hotel, Residential
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units available for occupancy only for periods of thirty days or longer, provided, however, that temporary
lodging units for guests of regular tenants may be provided in any residential hotel, with number of such
units limited to 10% of the number of tenant lodging units.
Immediate Neighborhood
A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its
location within the service area of a park site or sites as shown on the adopted "Recreation Service Area
Boundaries Map" on file in the Planning Department.
Orange County, North Carolina—Unified Development Ordinance Page 10-14
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' Excerpt of Minutes Attachment 4
Approved 9/4/13 25
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 JULY 10,2013
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Stephanie O'Rourke, Eno
7 Township Representative; Buddy Hartley, Little River Township Representative; Tony Blake, Bingham Township
8 Representative; Herman Staats, At-Large, Cedar Grove Township; James Lea, Cedar Grove Township
9 Representative; Andrea Rohrbacher,At-Large Chapel Hill Township; Paul Guthrie,At-Large Chapel Hill Township
10
11
12 MEMBERS ABSENT: Lisa Stuckey, Chapel Hill Township Representative; Maxecine Mitchell, At-Large Bingham
13 Township; Rachel Hawkins, Hillsborough Township Representative;Johnny Randall,At-Large Chapel Hill Township;
14
15
16
17 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz,
18 Special Projects Coordinator;Ashley Moncado, Special Projects Planner; Tina Love,Administrative Assistant II
19
20
21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
22
23 **** *
24 Agenda Item 8: Home Occupations — To make a presentation on existing home occupation regulations,
25 information on how some other local governments handle the topic, and discuss Planning
26 Board member's ideas on potential amendments. This topic is included in the UDO's
27 "Implementation Bridge" as a topic for further evaluation and is an Interest Area for some
28 Planning Board members.
29 Presenter: Ashley Moncado, Special Projects Planner
30
31 Ashley Moncado: The purpose of this item is to review existing home occupations standards to address Planning
32 Board's areas of interest form the January Planning Board meeting as well as the Implementation Bridge in order to
33 determine if existing standards may or may not need to be revised.
34 Ashley reviewed the existing standards for home occupations in the UDO under Section 5.5.3. then proceeded with
35 reviewing home occupations standards from other local communities in order to determine the next steps.
36
37 Paul Guthrie: What is telecommunications, a person who is employed as a consultant that does all their work by
38 telecommunications, is that under this ordinance?
39
40 Michael Harvey: We have approved home occupations depending on the proposed activity. If someone is truly
41 doing something at the house with the only rationale behind it is that if the neighbors complain, we can legitimately
42 say they obtained the appropriate permit.
43
44 Paul Guthrie: What about artist's studios that don't have walk in business but produce?
45
46 Michael Harvey: We have permitted art studios. The biggest complaint is they feel they deserve to have more
47 space and we treat every home occupation the same.
48
49 Pete Hallenbeck: My answer would be that you are employed by someone else and you happen to work at home.
50 The artist is a home business and they are the business owner and they are working at home, that would be the
51 distinction.
52
53 Paul Guthrie: We need to think very broadly about what we are trying to do and what our definitions are or you may
54 spend the full time permitting or helping permit 30,000 home businesses in Orange County.
1
26 Approved 9/4/13
55
56 Pete Hallenbeck: I would agree with that.
57
58 Ashley Moncado continued presentation.
59
60 Pete Hallenbeck: This comment is from the time I spent on the Efland Small Planning Area and this subject came
61 up a lot. The Efland area had this overlay put onto it. The goal was that Efland is the County's Town. It is not
62 incorporated but has water, sewer, it can do denser development. There was lot of discussion about what defines
63 home business and one distinction was the concept of professional services and the poster child for thinking about
64 this was the difference between someone who wanted a barber shop and someone who had an engineering
65 consultation firm. The barber shop would have "anyone" come down with a lot of traffic and the engineer would
66 have a lot less traffic. There was some reluctance to try to qualify that one too much but it was a good example
67 down a private road where you could get neighbors riled up. My comments are,the two person limit, I would like to
68 see changed to three but I realize some people don't like that. I would also see the concept that you could have
69 two people and a third person up to a year. You've got a business and it is growing, you hire the third person and
70 keep them for a year, it is time to get a place of business. The square footage limit; Orange County has a 500
71 square foot limit but Chapel Hill has a 750 foot. Orange County could go to 750 and it wouldn't be too bad. The
72 deliveries limit, I just don't get, I understand some people love to shop so there will be deliveries. I don't see a
73 reason to have a limit. The parking is good. Basically you have to have enough room for the employees. I would.
74 like to see a set of standard that can be applied for rural districts (R1), rural areas of the county that might be
75 different than the municipalities.
76
77 Paul Gutherie: You don't mean municipalities? Basically,we are talking largely about outside municipal limits.
78
79 Pete Hallenbeck: Yes. I would also put the rural buffer in with the municipalities just because there is lot in the
80 UDO giving the rural buffer more protection. The idea is to avoid urban sprawl. It is difficult to start listing
81 professions.
82
83 Stephanie O'Rourke: My first thought is about the employees' requirement. How do you determine that? We have
84 a business but we would only have two or three onsite.
85
86 Michael Harvey: On site. You could have 100 employees but only have two onsite.
87
88 Tony Blake: I agree with Pete on the square footage. I think 500 feet is restrictive. The number of employees is if
89 you have three, you are sort of allowing the seasonal businesses to take advantage of that. As far as deliveries, 1
90 think you need to be able to handle the truck size. The accessory structure is the one place I see as the difference
91 between the rural buffer and zoning, etc. You could technically say a farm is a home business. You could word
92 that so that the 1,000 foot square limit was just inside certain zones.
93
94 Buddy Hartley: The square footage, I don't see why Orange County has 500 and Chapel Hill has 750. Maybe we
95 need to have a difference between a rural and the inside where you a larger development site. If it is in a
96 development you could have problems with the home owner's association.
97
98 Craig Benedict: This would be no means preempt a home owner's association if the HOA has restrictions.
99
100 Pete Hallenbeck: If you have more than 1,000 square feet of product things are going pretty well. That may be
101 where the limit of visitors can be used.
102
103 Craig Benedict: We understand these entrepreneurs starting a small business in their house and we have been
104 complaining we don't have places for the small business to move to. We hope they grow out of this into the 2,000
105 square foot strip center,etc.
106
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Approved 9/4/1.3 27
107 Andrea Rohrbacher: The challenges that I faced in Chapel Hill in a residential neighborhood was a woman that ran
108 mediation classes. Every Tuesday, Wednesday and Thursday night, there were 10 cars lined up on the street.
109 That became burdensome.
110
111 Pete Hallenbeck: That speaks to the.number of visitors and onsite parking.
112
113 Tony Blake: It also speaks to hours of business.
114
115 Stephanie O'Rourke: How would you differentiate if they were having a Wednesday night ladies night?
116
117 Andrea Rohrbacher: I think it was because this was three nights a week. In the Chapel Hill ordinance, some way
118 that you can have an art studio with power, running water but there is something in there that was specifically
119 targeting student housing that it wasn't a livable structure. They wanted to avoid someone building a 750 foot
120 structure to rent to a couple of students.
121
122 Michael Harvey: If you apply for home occupation, there are standards we use to see if efficiency apartment
123 applies.
124
125 Andrea Rohrbacher: What do we allow as identification if it was a consulting type business.
126
127 Pete Hallenbeck: If you're a consultant, you don't need a sign. Review the signage.
128
129 Andrea Rohrbacher: What about daycares?
130
131 Michael Harvey: Daycares is not a home occupation, it is a separate permitting process.
132
133 Stephanie O'Rourke: Wouldn't the homeowners association or the restrictive covenants be over that?
134
135 Craig Benedict: Also the parking code.
136
137 Andrea Rohrbacher: I would not want to go over three employees.
138
139 Tony Blake: Three includes the resident as well?
140
141 Michael Harvey: You can't have more than two employees that don't live at the residence.
142
143 Andrea Rohrbacher: I don't have any feeling about square footage,going to 750 would be good.
144
145 James Lea: Most of them have already been covered.
146
147 Herman Staats: Is a farm covered as a home occupation?
148
149 Perdita Holtz: Farms are exempt from zoning regulations.
150
151 Herman Staats: Are there specs that guide the private roads maintenance agreement?
152
153 Pete Hallenbeck: If you have a place that has three,four or five homes on the road and there is a legal agreement
154 about how to pay for the road maintenance then basically, we don't want this agreement to force a single house
155 with a long driveway to do something.
156
157 Herman Staats: Is there an exemption that all these things can be dealt with on a case by case basis.
158
159 Craig Benedict: There has to be clarity on what is exempt and what is not. Various criteria, it is so tight that there
160 is not too many ways to make it through. We need to mention what is clearly exempt by definition.
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28 Approved 9/4/13
161
162 Perdita Holtz: If you wanted to allow more intensive home occupation,you could think about a Class B permit.
163
164 Paul Guthrie: My comment is a home business, you may get two times you can exceed the number of people.
165 This county would be decimated if you followed the language in this draft. Think very carefully about what you
166 write. This is running against the grain. Is there any exemption for doctors and lawyers?
167
168 Michael Harvey: We have doctors that work out of the house.
169
170 Paul Gutherie: How many things will you have to process? You are trying to liberalize something that has not been
171 enforced so I hope you have a good idea about where the work load will go.
172 *****
i
Pete Hallenbeck, Chair
4
Excerpt of Minutes
Approved 10/2/13 29
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 SEPTEMBER 4,2013
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Peter Hallenbeck(Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township
8 Representative; Maxecine Mitchell, At-Large Bingham Township; Buddy Hartley, Little River Township
9 Representative; Tony Blake, Bingham Township Representative; Herman Staats,At-Large, Cedar Grove Township;
10 James Lea, Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Paul
11 Guthrie,At-Large Chapel Hill Township; Stephanie O'Rourke, Eno Township Representative
12
13
14 MEMBERS ABSENT: Johnny Randall,At-Large Chapel Hill Township; Vacant-Hillsborough Township Representative;
15
16
17 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Special Projects Coordinator; Ashley Moncado,
18 Special Projects Planner;Tom Altieri, Comprehensive Planning Supervisor; Tina Love,Administrative Assistant II
19
20
21 OTHERS PRESENT: Tim O'Rourke
22
23
24 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
25
26 ******
27 Agenda Item 7: Home Occupations— To continue discussion on home occupation regulations and review
28 potential changes to the regulations.
29 Presenter: Ashley Moncado, Special Projects Planner
30
31 Ashley Moncado: (Reviewed abstract).
32
33 Paul Guthrie: Does that immediately kick in industrial requirements for those who sell food?
34
35 Ashley Moncado: I don't think it does. I think it depends on the scale. The live work unit information is less
36 restrictive.
37
38 Maxecine Mitchell: Does home occupation include bed and breakfast?
39
40 Ashley Moncado: No,that would be considered a business.
41
42 Ashley Moncado: Continued presentation.
43
44 James Lea: If you have a tax service that is 11%, do you have to meet Section 419 so that person would have to
45 deal with fire protection?
46
47 Ashley Moncado: Yes.
48
49 Craig Benedict: This doesn't make sense for the home occupation so we are asking are you really restricting the
50 10%. We may go talk to the Department of Insurance.
51
52 Pete Hallenbeck: We don't have a lot of say in this because this is a state regulation.
53
54 James Lea: This is extremely restrictive.
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30 Approved 10/2/13
55
56 Tony Blake: Is there a definition for home office?
57
58 James Lea: Office, hair stylist, etc.
59
60 Pete Hallenbeck: You may also have the situations to where all these changes occur and there is a problem with
61 the numbers,we at least have the format and can change the numbers.
62
63 Andrea Rohrbacher: Does telecommuting apply?
64
65 Ashley Moncado: Yes. This was more for onsite. As long as you don't exceed four all at once, you could operate
66 as home occupation.
67
68 Paul Guthrie: How do you define visitor? If you have 10 students, that may wipe out some occupations. We
69 should be knowledgeable about these types of limitations.
70
71 Pete Hallenbeck: Let's go around the room for comments.
72
73 Paul Guthrie: I only wanted to indicate that we do have a home business, an artist, and we have almost no visitors.
74 Some of the definitions,visitors,deliveries,are so imprecise. Do delivery trucks count toward that number?
75
76 Pete Hallenbeck: Michael Harvey would be able to look at those to check them.
77
78 Andrea Rohrbacher: My first concern in students per day. The way this is written if that I had a summer craft
79 session with a morning session of 10 students and an afternoon session with 10 students that would not be
80 allowed. My second question is about the number of events per year. If I had a seasonal business, I bake wedding
81 cakes, I would like to have 2 events in the spring and one in the fall or open houses per year and then my kitchen is
82 in my home and it meets all the standards for me to do the wedding cakes and I also do my home cooking, where
83 does that land in this?
84
85 Herman Staats: Keep these issues in mind when we have additional public meetings related to this so we can
86 modify these to better accommodate everyone.
87
88 James Lea: Looking at the revised standards dealing with minor and major home occupations sounds great with a
89 little tweaking until you get to the new standards and pretty much it says all home occupations that exceed 10%or
90 more. If you have any type of business, you will exceed the 10% of the floor area if you have a reception area.
91 Then we get into Section 419 is extremely restrictive for any business.
92
93 Buddy Hartley: I don't think we can change state law. I think what we have done is a good start.
94
95 Maxecine Mitchell: I hope we don't discourage people with small business and expenses.
96
97 Tony Blake: I would like to see documentation as to when 419 applies.
98
99 Ashley Moncado: It applies to everything.
100
101 Tony Blake: I am not going to invite building inspectors to the house.
102
103 Lisa Stuckey: I want to reiterate my employee issue which I think is a lot more flexible. In the Chapel Hill one it
104 states that no equipment or process shall be employed that will cause noise, vibration, etc. If you are putting a
105 business in a home it is part of the impact. What about signs?
106
107 Ashley Moncado: The signage was not brought up.
108
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Approved 10/2/13 31
109 Maxecine Mitchell: The HOA has restrictions also.
110
111 Lisa Stuckey: How will this be enforced?
112
113 Craig Benedict: If it is blatantly evident,we will look into it.
114
115 Pete Hallenbeck: I like on the first page that the major occupations located on a shared private road will be
116 required to submit a private road maintenance agreement. Private road agreements will tear everybody up. The
117 major home occupations have a 3,000 foot limit. I would imagine if an artist bought 10 or 30 acres and wanted to
118 renovate a barn, they would not have a problem with that. I think how this topic resonates on the board and other
119 people. I want to address the sprinkler system, my home is sprinklered and it is real simple. I wish there was a
120 way to say if the house was more than 2,000 square feet, it had to be sprinkled. Under the Telecom m unicating
121 section shall not be considered a home occupation, maybe we should be put in there that if you have employees
122 who telecommute, they are working for you but stay in their home, and they will not be considered employees on
123 site. The events per year limits, you need to be careful because if you had a time during the summer where every
124 Saturday 15 cars show up,that is starting to hit that impact limit. You could spread the impact of that over a period
125 of time, We did touch on the fact that the Orange County sign limit was much bigger than the Chapel Hill one so we
126 need to think about that.
127
128 Paul Guthrie: If the sprinkler does not pass the minimum requirements for the sprinkler system, you will not get a
129 permit. You need to have a separate unattached generator.
130 ** **
Pete Hallenbeck, Chair
3
h F
Excerpt of Minutes
Approved 11/6/13
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 j"'��F-1 0,2013 OCTOBER 2,2013
4 ORDINANCE REVIEW COMMITTEE
5
6 NOTE: A quorum is not required for Ordinance Review Committee meetings.
7
8 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township
9 Representative; Maxecine Mitchell, At-Large Bingham Township; Herman Staats, At-Large, Cedar Grove Township; James
10 Lea, Cedar Grove Township Representative; Paul Guthrie, At-Large, Chapel Hill Township; Tony Blake, Bingham Township
11 Representative;Andrea Rohrbacher,At-Large Chapel Hill Township;
12
13
14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, Planning
15 Systems Coordinator;Ashley Moncado,Special Projects Planner; Tina Love,Administrative Assistant II
16
17
18 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
19
20 ** **
21 AGENDA ITEM 4: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—HOME OCCUPATION
22 To review and comment upon proposed revisions to the UDO regarding Home Occupation standards.
23 Presenter:Ashley Moncado, Special Projects Planner
24
25 Paul Guthrie: For the record,we have a home business in my house.
26
27 Lisa Stuckey: I have a home business in my house too.
28
29 Pete Hallenbeck: I work out of my home too.
30
31 Ashley Moncado: (Reviewed abstract).
32
33 Paul Guthrie: Have you been able to identify what the traffic workload it going to be to the planning department as a result of
34 these regulations?
35
36 Michael Harvey: I have no concerns based on the provisions. I believe the regulations proposed are reasonable. I don't
37 believe it will increase the workload tremendously.
38
39 Paul Guthrie: You don't know how many applications you will get. I think technically the provision with regard to the number
40 of special events is still going to exclude the art tour because the number of 30 will breach that. We have a very strong arts
41 community and I need to think through how you do not become an impediment to that.
42
43 Ashley Moncado: Other counties don't have limits on people but limitations on parking and other things. They are more
44 restrictive.
45
46 Paul Guthrie: You want to look at that dynamic.
47
48 Pete Hallenbeck: You can get a special permit for that event.
49
50 Paul Guthrie: The arts community is already buzzing about this. My other concern is the parking requirement could be
51 difficult for some folks. The other comment is regarding the maintenance; you may want to clarify that and be prepared that
52 may be a problem.
53
1
Approved 11/6/13 3 3
54 Pete Hallenbeck: On page 86 regarding parking, parking shall be met off the street and not required yard area,so when
55 people come to these events,they can't park on the street.
56
57 Ashley Moncado: They would have to be in your area and not in the setback.
58
59 Pete Hallenbeck: Could you put setback instead of yard area?
60
61 Perdita Holtz: No, because of the way yard is defined and used in the LIDO and other places.
62
63 Michael Harvey: There is an opportunity for you to go through a process to seek regress.We don't want to have a commercial
64 impact on a private road.
65
66 Pete Hallenbeck: On the outside storage space,there is 500 square feet,for the major home occupations that is part of the
67 application. In the minor home occupation application,where is that?
68
69 Ashley Moncado: It should be indicated on the plot plan.
70
71 Michael Harvey: We are not regulating the UPS truck for home delivery. If your home occupation needs a vehicle to support
72 operations there is a limit. Also, there are specific land uses prohibited as home occupations.
73
74 Paul Guthrie: Zoning ordinance cannot prohibit a small business homeowner from owning a bigger truck,which I question.
75
76 Michael Harvey: By using it as part of the business parked on the property, it can become regulated.
77
78 Ashley Moncado: We will look into it again.
79
80 Maxecine Mitchell: Can they load the equipment and leave?
81
82 Ashley Moncado: That it still be used in connections with home occupations.
83
84 Maxecine Mitchell: It would not be permitted?
85
86 Ashley Moncado: No.
87
88 Maxecine Mitchell: If someone is already using his or her vehicle?
89
90 Ashley Moncado: That standard is already in place.
91
92 James Lea: If I decide to start a tree service and had a two or three ton truck, I could not park that at my house?
93
94 Ashley Moncado: No.
95
96 Tony Blake: If it fit in a garage, could you keep it there?
97
98 Ashley Moncado: No.
99
100 Pete Hallenbeck: Let us see what people feel is a good size.
101
102 Paul Guthrie: I am not too upset with the one ton. This is a thicket and reality is it going to be very controversial when you hit
103 someone that has been grandfathered in.
104
105 Herman Staats: I think if you consider, I have dually which is more than one ton. One ton may be too low.
106
107 James Lea: I would agree. Some of the language suggests that you could not have dually there.
2
34 Approved 11/6/13
108
109 Maxecine Mitchell: I don't know what a one-ton truck is. If you have a landscaping business,they have trucks and long
110 trailers.
111
112 Ashley Moncado: There is language already in the UDO.
113
114 Tony Blake: Any language that is not a split axle truck.
115
116 Pete Hallenbeck: Rather than a ton limit,an axle limit.
117
118 Lisa Stuckey: Delivery trucks, UPS or FedEx are okay with me.
119
120 Pete Hallenbeck: If you had a small business,would this be something you could apply for a variance on.
121
122 Michael Harvey: I am hesitating to say yes because there may not be hardship. This is not to promote small business use for
123 a property but home occupation. Anybody can apply for anything. I don't see the limitation that is providing such a limit on
124 your use of property as warranting a variance.
125
126 Pete Hallenbeck: I would say one or two ton.
127
128 Paul Guthrie: The five-acre provision worries me because of the entrepreneur starting out.
129
130 Pete Hallenbeck: I think part of the five acres is that we are applying the same rules whether you had a one acre lot or 100
131 acre farm.
132
133 Ashley Moncado: We'll look into all the suggestions and changes and get back to you at the November Planning Board
134 Meeting.
135
Pete Hallenbeck, Chair
3
SUMMARY NOTES 35
Excerpt of Minutes ORANGE COUNTY PLANNING BOARD
NOVEMBER 6,2013
ORDINANCE REVIEW COMMITTEE
NOTE: A quorum is not required for Ordinance Review Committee meetings.
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township
Representative; James Lea, Cedar Grove Township Representative; Paul Guthrie, At-Large, Chapel Hill Township; Tony
Blake, Bingham Township Representative;
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, Special
Projects Coordinator;Ashley Moncado, Special Projects Planner; Tina Love,Administrative Assistant II
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—HOME OCCUPATION
To continue review and comment upon proposed revisions to the LIDO regarding Home Occupation
standards.
Presenter:Ashley Moncado, Special Projects Planner
Ashley Moncado: Reviewed abstract.
Paul Guthrie: The word "using", does that mean the small business or anybody delivering too?
Ashley Moncado: A regular delivery truck.
Paul Guthrie: You can't control the size of a truck.
Pete Hallenbeck: The biggest truck the homeowner can use for the small business.
Ashley Moncado: Continued presentation. This is scheduled to be reviewed at the Quarterly Public Hearing on
November 25, 2013.
Paul Guthrie: I think these are very good changes. is there any way to judge what the workload issue will be for
implementing this process?
Craig Benedict: We will do outreach meetings to explain these rules.
Lisa Stuckey: On page 18 it states that activities prohibited are"and building, electrical, plumbing, etc. I don't
understand why they are being excluded.
Ashley Moncado: That is existing language currently in the UDO because of the nature of the business.
Pete Hallenbeck: There is a difference between the plumber who drives his truck home and has storage
somewhere else.
Lisa Stuckey: What is wrong with plumbers?
Michael Harvey: The problem with trade contractors is they turn their houses into a storage area. We don't allow
trade contractors to build storage areas.
1
36
Tony Blake: What.differentiates the person at the end of my road who has 40 acres and a grading contracting
business, not residential from the guy up the street who is a plumber with 30 acres and a separate barn that he
stores supplies in?
Michael Harvey: I would make the argument that the way the regulations are currently written that you don't want
people going back and forth getting tools and supplies.
Lisa Stuckey: It doesn't make sense. I struggle with this 3,000 square feet size accessory building and use.
Pete Hallenbeck: Currently this ordinance is saying we don't want construction things getting out of hand but we
are going to allow artists, lawyers and engineers. Those are what we want to have for home occupations.
Paul Guthrie: Isn't it true that anybody existing will be grandfathered in under the law?
Michael Harvey: If you are doing it now, it is illegal.
Paul Guthrie: This is an anti-small business regulation.
Michael Harvey: I think that is a very gross misrepresentation of this regulation.
Craig Benedict: We are trying to balance what people expect in a neighborhood.
Pete Hallenbeck: It sounds like there are many people here who are saying these changes are good you are
questioning this broad restriction of construction practices. If anyone wants to write that up for the BOCC,we can
include that in the package to them.
Perdita Holtz: There are other options; people can apply for a zoning change for a conditional use district.
Pete Hallenbeck: Let us leave that to the hearing, to present that and other options.
2
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