HomeMy WebLinkAboutAgenda - 11-21-2013 - 5ORANGE COUNTY
ASSEMBLY OF GOVERNMENTS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 21, 2013
Action Agenda
Item No. 5
1
SUBJECT: Accommodating Appropriate Agricultural Support Enterprises in the Rural Buffer
- Proposed Changes to the Orange County Unified Development Ordinance
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
A) List of New Uses Proposed to be
Applicable to the Rural Buffer
B) General Use and Conditional Zoning
Districts (Educational Information)
C) Most Pertinent Pages of Draft ASE
Amendment Package — Standards &
Definitions
INFORMATION CONTACT:
Perdita Holtz, Planner III, (919)245 -2578
Craig Benedict, Planning Director, (919)
245 -2592
PURPOSE: To discuss proposed changes to the County's Unified Development Ordinance
(UDO) that will accommodate appropriate "Agricultural Support Enterprises" in the Rural Buffer.
BACKGROUND: The Agricultural Support Enterprises (ASE) project has been in development
since 2001 and has been known by other names ( "Rural Enterprises" and "Agricultural
Services ") in the past. The topic was appeared on the March 29, 2004 Joint Planning Area
(JPA) agenda as an Information Item. The topic has also been discussed during recent Board
of County Commissioners (BOCC) work sessions and the materials for the most recent
meeting, which includes links to all past meetings, can be viewed at:
http://orangecountVnc.gov/occlerks/1 30909. pdf.
The purpose of the ASE project is to augment allowable uses farmers throughout Orange
County's planning jurisdiction can pursue in order to generate additional farm - related income
and to potentially allow farming support /related uses in rural areas while minimizing any adverse
impacts on adjoining property by applying special standards for specific uses and the
development requirements in the County's UDO for all projects. By better enabling farmers to
stay in the business of farming, the rural, farming heritage of Orange County will continue to be
preserved.
Orange County — Chapel Hill — Carrboro Joint Planning Area Agreement
The JPA Agreement (available at: http: / /orangecountync.gov /planning /Documents.asp) and
accompanying land use plan established the Rural Buffer around Chapel Hill and Carrboro. At
2
the time the agreement was established, "Agriculture," as a type of use, was folded in to the
Rural Buffer land use category. The area that comprises the Rural Buffer is under Orange
County's planning and zoning jurisdiction and the joint planning agreement provides for
courtesy review by the Towns of development projects within the Rural Buffer and of regulatory
text amendments that affect the Rural Buffer. The agreement provides that Orange County will
not adopt proposed amendments until the expiration of thirty (30) days following referral of the
amendment to the Towns.
While the JPA land use plan does not contemplate additional non - residential uses in the Rural
Buffer, the three partner jurisdictions may wish to discuss the desirability of potentially
allowing agriculturally - related, non - residential uses to either be allowed outright (for
some uses) or considered for approval as a conditional zoning district application. There
are a number of farms located in the Rural Buffer that could benefit from being able to augment
farm income with certain farm - related activities that are not considered "bona fide farm"
activities. Additionally, since the Rural Buffer is located in and adjacent to much of the
population of Orange County, farms have a unique opportunity to provide certain amenities that
could help them keep farming. An example is the Maple View Farms ice cream shop on
Dairyland Road which is quite popular with Chapel Hill, Carrboro, and other County residents.
When County staff discussed the ASE project with the BOCC at its May 14, 2013 work session,
BOCC members suggested that the topic be part of the November 2013 Assembly of
Governments meeting so that elected officials could provide feedback regarding
accommodating appropriate ASE uses in the Rural Buffer. Feedback received could help
shape the materials brought forward for formal public hearing in February 2014.
Explanation of Attachments
Attachment A contains a list of new uses that would be applicable to the RB (Rural Buffer)
general use zoning district as well as a list of uses proposed for a new conditional zoning district
(ASE -CZ). Please see Attachment B for information about the differences between a general
use zoning district and a conditional zoning district. In an effort to minimize the number of
attachment pages, Attachment C contains only the most pertinent pages of the draft
amendment packet to facilitate discussion related to the Rural Buffer.
Status of Draft Amendments
The draft UDO amendments, are also currently being reviewed by the County's Planning Board
and Agricultural Preservation Board. These two advisory boards are being educated as to the
content of the amendments and providing input that may shape the amendments that will go
forward to public hearing in February. An example of the input is the likely result to remove the
more intensive uses from consideration as an ASE -CZ for properties located in the Rural Buffer
(these are the uses shown in red text in Attachment A).
The entire draft amendment packet, excepting the text changes that would remove the more
intensive uses from consideration as an ASE -CZ in the Rural Buffer, can be viewed at:
http: / /orangecountync.gov /planning/ documents /ORCPacketNov20l3- web.pdf. The necessary
changes to remove the more intensive uses will be made after advisory board input and
discussion at the AOG meeting becomes official.
3
FINANCIAL IMPACT: There is no financial impact in discussing the proposed amendments
and providing feedback to staff.
RECOMMENDATION(S): The Managers recommend the Boards discuss as needed in order to
provide feedback to staff regarding the proposed County UDO changes that would be
applicable to the Rural Buffer in preparation for the Board of Commissioners' public hearing in
February.
0
hment
Attac A
Agricultural Support Enterprises
Proposed New Uses that would be Applicable to the Rural Buffer General Use
Zoning District (RB)
(there are many existing use categories that are permitted either by right or with an SUP [Special Use
Permit] in the RB zoning district — check County's UDO [Section 5.2. 1] for full
list: http:// orangecountync. gov/ planning / documents/ UDOMOSTCURRENTupdated052013 .pdf)
Special
Special
Use
Standards
Use
Standards
Section
Section
Agricultural Processing
5.13.3
Winery with Minor Events (with
5.6.13
Facility, Community
Blass B SUP)
Community Farmers' Market
5.13.5
Microbrewery, production only
5.14.2
(with Class B SUP)
Cooperative Farm Stand
5.13.7
Winery, production only (with
5.14.4
Class B SUP)
Meat Processing Facility,
5.13.13
Rural Heritage Museum (with
5.17.7
Community
Class B SUP)
Non -Farm Use of Farm
5.13.15
Rural Special Events
5.17.8
Equipment
Microbrewery with Minor
5.6.10
Events (with Class B SUP)
Note: In addition to the use - specific special standards section, development must
conform to all requirements of Article 6 (Development Standards) and other Articles of
the UDO. Article 6 covers regulations such as land use buffers and landscaping,
parking requirements, signs, stream buffers, and stormwater management.
Proposed ASE -CZ (Agricultural Support Enterprises) Conditional Zoning District
(uses in are currently allowed in the RB general use zoning district; they should not be removed
from the ASE -CZ uses applicable to the Rural Buffer. Standards sections marked with an * already exist
and are not proposed for modification so they are not included in the amendment packet — see County's
UDO to check these
standards: http: / /orangecountync.gov/ planning / documents/ UDOMOSTCURRENTupdated052013.pdf )
(uses in red text are "more intensive" and have been suggested for removal from consideration as an
ASE -CZ in the Rural Buffer land use classification)
Special
Special
Use
Standards
Use
Standards
Section
Section
Agricultural Processing
5.13.2
Sawmills
5.14.3
Facility
Agricultural Processing
5.13.3
Winery, production only
5.14.4
Facility, Community
Agricultural Services Uses
None
Veterinary Hospitals
5.16.3
Cold Storage Facility
5.13.4
Veterinary Clinic
5.16.1
Community Farmers' Market
5.13.5
Veterinary Clinic, mobile
5.16.2
Composting Operation, no
5.13.6
Botanical Gardens &
None
grinding
Arboretums
Composting Operation, with
5.13.6
Camp /Retreat Center
5.7.4*
grinding
Cooperative Farm Stand
5.13.7
Guest Ranch
5.7.6
Equestrian Center
5.13.8
Parks, Public & Non - Profit
None
Farm Equipment Rental,
5.13.9
Dwelling; Mobile Home
5.5.6*
Sales and Service
Farm Supply Store
5.13.10
Dwelling; Single - Family
None
Feed Mill
5.13.11
Telecommunication Tower —
5.10*
Stealth (75 feet or shorter)
Greenhouses with On
5.13.12
Telecommunication Towers
5.10*
Premises Sales
150 feet in height or shorter
Meat Processing Facility,
5.13.13
Telecommunication Towers
5.10*
Community
(greater than 150 in height)
Meat Processing Facility,
5.13.14
Buildings, Portable
5.4.5*
Regional
(Temporary use
Non -Farm Use of Farm
5.13.15
Temporary Mobile Home
5.4.4* and
Equipment
(Custodial Care)
5.5.6*
Stables, Commercia
5.13.16
Temporary Mobile Home (Use
5.4.4*
during construction /installation
of permanent residential unit
and for 30 days following
issuance of Certificate of
Occupancy)
Stockyards / Livestock
5.13.17
Elevated Water Storage Tanks
5.9.4*
Markets
Rural Guest Establishment:
5.6.7*
Public Utility Stations & Sub-
5.9.3*
Bed & Breakfast
Stations, Switching Stations,
Telephone Exchanges, Water
& Sewage Treatment Plants
Proposed ASE -CZ (Agricultural Support Enterprises) Conditional Zoning District
(uses in blue text are currently allowed in the RB general use zoning district; they should not be removed
from the ASE -CZ uses applicable to the Rural Buffer. Standards sections marked with an * already exist
and are not proposed for modification so they are not included in the amendment packet — see County's
LIDO to check these
standards: http:// orangecountync. qov/ p Ian ning/ documents/ UDOMOSTCURRENTupdated052013.pdf )
(uses in red text are "more intensive" and have been suggested for removal from consideration as an
ASE -CZ in the Rural Buffer land use classification)
Special
Special
Use
Standards
Use
Standards
Section
Section
Rural Guest Establishment:
5.6.8*
Electric, Gas, and Liquid Fuel
5.9.5*
Bed & Breakfast Inn
Transmission Lines
Rural Guest Establishment:
5.6.9*
Water & Sanitary Sewer
None
Country Inn
Pumping
Country Store
None
Solar Array — Large Facility
5.9.6(6)*
Garden Center
5.6.3
Solar Array — Public Utility
5.9.6(C)*
Kennels, Class I
None
Accessory Uses
5.5.1
Kennels, Class II
5.6.5*
Assembly Facility Greater
None
Than 300 Occupants
Metal Fabrication Shop
5.14.1
Assembly Facility Less Than
None
300 Occupants
Microbrewery with Minor
5.6.10
Churc
5.15.1*
Events
Microbrewery with Major
5.6.11
Clubs or Lodges; Social;
None
Events
Fraternal or Union Clubhouses
Storage of Goods, Outdoor
6.4.10
Community Center
5.15.2*
Taxidermy
5.6.12
Historic Sites Non-
5.15.4*
Residential /Mixed Use
Winery with Minor Events
5.6.13
Rural Heritage Museum
5.17.7
Winery with Major Events
5.6.14
Rural Special Events
5.17.8
Microbrewery, production only
5.14.2
7
Attachment B
General Use vs. Conditional Zoning Districts
The table below depicts the most salient differences between "general use" zoning
districts and "conditional" zoning districts.
General Use
Conditional
Table of Permitted
Uses are either:
Section 5.2.3 of UDO lists
Uses
• permitted by right or
uses that can be applied for
• require a Class A or B Special
Use Permit (SUP)
If no *, A, or B in zoning district
column in Section 5.2.1 of UDO,
use is not permitted in that zoning
district.
Application
If permitted by right:
• Application for rezoning
Process
• Apply for Zoning Compliance
must list all uses
Permit (ZCP)
applied for
• Most uses require a site plan
• Only approved uses are
for a ZCP; some require only a
legal on property
plot plan
• Site plan required as
• Staff review and approval/
part of application
denial in accordance with
• BOCC makes rezoning
regulations in UDO
decision
If SUP required:
• SUP application
• Quasi-judicial process
• BOCC decides Class A SUP
• Board of Adjustment decides
Class B SUP
• Site plan required as part of
SUP application.
Can Development,
If permitted by right: No
Yes. (Must be mutually
Operational, or
agreed upon by
Other Conditions
If SUP required: Yes
government/applicant)
be Applied by
Local
Government?
Attachment C
Pertinent Pages of Amendment Package for "Agricultural Support Enterprises"
November 21, 2013 Assembly of Governments (AOG) Meeting
Notes
The pages that follow contain the most pertinent pages of the Unified Development Ordinance
(UDO) amendment package related to "Agricultural Support Enterprises" (ASE). The pages
were selected to facilitate discussion about ASE's applicability to the Rural Buffer.
Proposed additions /changes to existing text are depicted in . Some of the proposed changes
utilize footnotes to provide a brief explanation as to rationale. Users are reminded that these
excerpts are part of a much larger document (the UDO) that regulates land use and
development in Orange County. The full UDO is available online at:
http: / /orangecountync.gov /planning /Ordinances.asp
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of the
text /sections downward.
Some text on the following pages has a large "X" through it to denote that these sections are not
part of the amendments under consideration. The text is shown only because in the full UDO it
is on the same page as text proposed for amendment. Text with a large "X" is not proposed for
deletion; proposed deletions are shown in strikethre gI text.
As was stated in the AOG abstract, the entire draft amendment packet, sans the text changes
that would remove the more intensive uses from consideration as an ASE -CZ in the Rural
Buffer, can be viewed at: http: / /orangecountync.gov /planning /documents /ORCPacketNov2013-
web.pdf. The necessary changes to remove the more intensive uses will be made after
advisory board input and discussion at the AOG meeting becomes official.
0
Article 3: Base Zoning Districts 9
Section 3.8: Conditional Districts
• .
:fill 1142;1 BEIN .
1
. .
Lot size, min., peruse
40,000 [1]
(square feet)
Lot Width, min. (feet)
150
- •
Front Setback from
40
ROW, min. (feet)
The purpose of the Agricultural Support Enterprises (ASE -CZ)
Side Setback, min.
20 [2]
District is to provide for agriculturally - related activities that are not
(feet)
considered bona fide farming activities within the County's planning
Rear Setback, min.
20 [2]
jurisdiction.
(feet)
APPLICABILITY
Height, max. (feet)
45 [3]
Floor Area Ratio, max
No requirement [4]
The district shall be located in such a manner as to be compatible
Required Open Space
with the character of existing development of surrounding properties,
Ratio, min.
No requirement [4]
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Required Livability
No requirement [4]
Therefore, when evaluating an application for this district, emphasis
Space Ratio, min.
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
Required Recreation
No requirement [4]
Space Ratio, min.
DIMENSIONAL STANDARDS NOTES:
[1] Lot size for individual uses shall be appropriate to the method of
water supply and sewage disposal.
[2] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
Required Pedestrian /
No requirement [4]
adjacent residential district.
Landscape Ratio, min.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] The overall development will be evaluated to ensure compatibility
with surrounding properties and with planning objectives.
DEVELOPMENT ASE-CZ DISTRICT SPECIFIC DA-D
1. 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.
2. 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. 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
3 These standards are consistent with other existing zoning district 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 Consistent with how similar uses /zoning districts are written.
6 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 10
Section 3.8: Conditional Districts
farm or the proprietor of the approved use.
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.
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
There are no changes on this page,
it is included to make the change on
the next page more clear.
Article 5: Uses 11
Section 5.6: Standards for Commercial Uses
I le tion required by Section 2.7, the following infor tion
shall be supplied as part of the application for approval of this use:
(a) A description of the type facility planned, the number of occ pants, and
the development schedule.
(b) A site plan showing existing and proposed contours. roposed
buildings, parking, access, service, recreation, land aped and screened
areas.
(c) Other criteria as set forth in sections 6.2.11 a 6.3.
( A statement concerning the provision of p lic services which shall
include fire, police and rescue protectio
(2) Standa s of Evaluation —
(a) A uate parking, access and se ice areas are provided for the site.
(b) Parkin service areas and bu' ings are adequately screened from
adjacent esidential uses.
(c) Improved re eational fa ities are provided for occupants.
(d) Other criteria a et f h in sections 6.2.11 and 6.3.
(e) Letters from publi ervice agencies attesting to the adequacy of the
provision of pub "c se ices such as fire, police and rescue.
5.6.1 Niqhtclubs, Bars and Pubs
(A) General Standard
(1) Building
5.6.2 Massage BusinE
/r Evaluation
r nightclubs, bars and pubs shall t be located within 200 feet of a
(A) Gene r Standards for Evaluation
(1) Must comply with the Ordinance for the Control of Mas\andd assage
Establishments
(2) The submittal of construction plans for all existing and ildings
housing the massage business. The construction plan floor plans
and cross sections showing the proposed use of all poch b Idings.
(3) For existing buildings, certification by the Orange Coun Inspec r that
the structure(s) complies with the North Carolina Buildid all rela d
construction codes.
5.6.3 Garden Center
(A) Gener al 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 12
Section 5.6: Standards for Commercial Uses
(4) a;d- buffers �II be �;id- yith th e reqUreFReet s -or f
822
6.4 Junkvards
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements —
In addition to the information required by Section 2.7, the follo ng information
shall be supplied as part of the application for approval of thi use:
(a) Detailed plans and specifications for the site scre ning proposed.
(b) Description of type and number of motorized chines to be employed
upon site.
c) Indicate on the site plan the extent of are to be used for the storage of
junked or wrecked motor vehicles
(2) Stan rds for Evaluation -
(a) a site shall be screened from jacent property by a minimum of an
ei t foot high solid fence or e al, uninterrupted except for required
vehi access points.
(b) No mate 'als shall be stor closer than 50 feet to the public right of way
or 30 feet the propert ines.
(c) Site is of ade ate si to protect adjacent properties from adverse
effects of the ju d.
5.6.5 Kennels (Class II
(A) Standards for Class B Spe ial Use Pe it
(1) Submittal Requi ements —
In addition to e information required b Section 2.7, the following information
shall be sup ied as part of the applicatio or approval of this use:
(a) Pans for all kennels, exercise yards, og runs, pens and related
mprovements, including signage.
(b) Site plan showing the improvements liste i a) above, other structures
on the same lot, and structures on adjacent operty.
(2) tandards of Evaluation —
(a) The site is of adequate size to protect adjacent pro rties from adverse
effects of the kennel.
(b) No part of any building, structure, dog run, pen, or exerci yard in which
animals are housed or exercised shall be closer than 150 f t from a
property line, except property occupied by the owner /operato f the
kennel. These minimum distances shall not apply if all portions f the
facility, in which animals are housed, are wholly enclosed within a
building.
22 Staff is recommending this be removed as it is redundant with requirements of the UDO — all uses must meet the
buffer requirements. Calling this out as a separate item for this particular use can cause confusion as to
applicability to other uses; this is a remnant of duplicity staff attempted to catch when incorporating the previous
zoning ordinance into the UDO but this instance was missed at the time.
Orange County, North Carolina — Unified Development Ordinance Page 5 -48
Article 5: Uses 13
Section 5.6: Standards for Commercial Uses
(d) I of County Commissioners does not e permit, the
permit shall becom d vol e expiration of the time limit.
(e) =the pec ermit is not renewe o oved, then the nt 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.
(2) Site shall have direct access to 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.
5.6.11 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.
Orange County, North Carolina — Unified Development Ordinance Page 5 -57
Article 5: Uses 14
Section 5.6: Standards for Commercial Uses
(d) A description of retail sales and facility tours, if proposed.
(2) Site shall have direct access to major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on -site
but may include complementary items.
5.6.12 Taxidermy
(A) Standards for Class B Special Use Permit
(1) Enterprises located in an AR (Agricultural Residential) zoning district must be
located on a bona fide farm.
(2) If located adjacent to residentially zoned property, all buildings, structures,
facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100
feet from the property line.
5.6.13 Winery with Minor Events
(A) Standards for Class B Special Use Permit or ASE -CZ or MPD -CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on -site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(2) Site shall have direct access to 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.
Orange County, North Carolina — Unified Development Ordinance Page 5 -58
Article 5: Uses 15
Section 5.7: Standards for Recreational Uses
(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.
(2) Site shall have direct access to 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.
5.7eational Facilities
(A) General
(1) The standards includ
recreati i ies:
(a) Tennis clubs,
to the following for - profit
Orange County, North Carolina — Unified Development Ordinance Page 5 -59
Article 5: Uses 16
Section 5.8: Standards for Childcare & Educational Facilities
To accomplish this goal, the owners /managers have the option of emZlers ther singly
or in combination, any of the following:
(1) Requiring all competition vehicles to have functional noise ched at a ll
mes;
(2) In st 'ng a system of noise baffles, berms, or walls the perimeter of the
racetra facility incorporated into the design an acement of any lighting
system an 'ewing stands, and /or
(3) Depressing the vation of the re
(4) Some other innovativ oise abal
(L) Limits on racing activities shall be s
Friday and Saturday nights, or be d
shall not commence before 10:0 a.m. on
surface, or
nt system.
at no race shall extend beyond 11:00 p.m. on
00 p.m. on other evenings. Practice activities
day and shall cease by 9:00 p.m.
(M) All external lighting fixtures all comply with Or e County lighting standards (Section
6.11).
(N) No storage of haz ous materials shall be permitted, ex t for racing fuel and
lubricants. Su material storage areas shall be enclosed a posted and the Orange
County Fire arshal shall approve a pollution incident preventio Ian for the storage
facility pr r to final occupancy permits.
(0) If a itional or accessory land uses are desired, the facility owner shall c se a new site
n to be created outlining the location and nature of the proposed new Ian se,
demonstrating compliance with this Ordinance.
The County shall approve a construction schedule to complete the items listed above.
5.7.6 Guest Ranch
(A) Standards for ASE -CZ Zoning District
(1) Minimum lot size: 25 acres.
(2) Site shall have direct access to 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 located a
minimum of 100 feet from all property lines.
(4) 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.
(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.
5.8.1 Daycare Center esidence
(A) Submittal Requireme
(1) In addition to the infor ired by Section 2.4.3, the plot plan shall show
the following:
The location of the residence in which the re Center in a
Residence is to be located in relation to existing pro lines and
adjacent homes;
Orange County, North Carolina — Unified Development Ordinance Page 5 -72
Article 5: Uses 17
Section 5.13: Standards for Agricultural Uses
5.13.2 Agricultural Processing 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.
5.13.3 Agricultural Processing Facility, Commun
(A) General Standards for Evaluation
(1) If located in an RB or 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) 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.
(4) 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 Communitv 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.
Orange County, North Carolina — Unified Development Ordinance Page 5 -118
Article 5: Uses 18
Section 5.13: Standards for Agricultural Uses
(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.
5.13.7 Cooperative Farm Stand
(A) General Standards for Evaluation
(1) If located in an RB or AR zoning district, stand shall be located on the bona fide
farm of one of the cooperative farm partners.
(2) In addition to the application materials required in Sections 2.5.2 and 2.4.3, the
following shall also be required:
(a) The number of 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 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 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.
5.13.9 Farm Equipment Rental, Sales and Service
(A) General Standards for Evaluation
Orange County, North Carolina — Unified Development Ordinance Page 5 -119
Article 5: Uses 19
Section 5.13: Standards for Agricultural Uses
(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.
5.13.10 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.
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.
5.13.12 Greenhouses with On Premise Sales
(A) General Standards for Evaluation
(1) If located in an AR (Agricultural Residential) zoning district, the minimum lot size
shall be 3 acres, unless permitted as an ASE -CZ.
(2) If located in an AR (Agricultural Residential) 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, Community
(A) General Standards for Evaluation
(1) If located in an RB or AR zoning district, facility shall be located on the bona fide
farm of one of the cooperative farm partners.
(2) The 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
Orange County, North Carolina — Unified Development Ordinance Page 5 -120
Article 5: Uses 20
Section 5.13: Standards for Agricultural Uses
line.
(4) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(5) In addition to the application materials required in Section x.x.xx, 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.
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 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.
5.13.15 Non -Farm Use of Farm Equipment
(A) General Standards for Evaluation
(1) Use shall be located on a bona fide farm.
(2) 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, Commercia125
(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.
(2) Standards of Evaluation —
25 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 -121
Article 5: Uses 21
Section 5.14: Standards for Manufacturing, Assembly & Processing
a The s+te is; - o,- aaeg6lates+Ze te PFGtest - ajaGeRt pF9pe #+e 4�
effeA-ts of the riding Stable Minimum lot size: 5 acres for up to 10 horses,
increasing by'h 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 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.
5.14.1 Metal Fabrication Shop
(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
Orange County, North Carolina — Unified Development Ordinance Page 5 -122
(1)
(2)
5.14.3 Sawmills
Article 5: Uses 22
Section 5.15: Standards for Automotive /Transportation Related Uses
If located in the RB and AR zoning districts, 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.
If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(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 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 onl
(A) Standards for Class B Special Use Permit or ASE -CZ Zoning District
(1) If located in the RB and AR zoning districts, 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.
5.15.1 Motor Vehicle Sal—e6,4Rental (New & Used) in the NC -2 Zonin
(A) Standards for the N - oning District
(1) This use shall only be pe within the Commercial Transition Activity or
Commercial - Industria nsitio tivity Node land use classifications, as
designated on and Use Element of the adopted Comprehensive Plan.
(2) The ' shall have direct access onto a State m ' ined roadway.
(3 A maximum of 12 cars may be stored or displayed on -site.
Orange County, North Carolina — Unified Development Ordinance Page 5 -123
Article 5: Uses 23
Section 5.16: Standards for Medical Uses
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.
SECTMN 5.17: STANDARDS FOR MISCELLANEOUS
5.17.1 Churche
(A) General dards
(1) Churches required to provide setbacks esidential districts; the minimum
shall be as follo
-,-Front 45
Side 50
Rear 0
5.17.2 Commwxi'fv Center
Standards for Class B Special Use Permit
Orange County, North Carolina — Unified Development Ordinance Page 5 -124
Article 5: Uses 24
Section 5.17: Standards for Miscellaneous Uses
(i) Habitat Maintenance
i) Habitats identified in the biological inventory and ha i ats created
through mitigation shall be maintained in accorda e with the
Resources Management Plan and /or a conser tion easement
reement; and
(ii) Mai nance of habitats shall be minim , consisting primarily of
maintai i g buffers and enhanceme removal of exotic (non-
native) pla species, and keepin rainage ways functioning
properly.
Q) Access
Access to the subdivision and cess to lots within the subdivision to
existing public roads shall c for o and be in compliance with any
public road access mana ment pla dopted by Orange County.
(k) Maintenance of Impr ements
(i) All site i rovements such as roads, 'Iities (including irrigation
and d inage structures), habitat enhanc ents, recreational
a pities, signage, landscaping, open spac etc. will be
aintained in function and appearance.
(ii) Maintenance specifications, if any, for on -going site anagement
(including provisions for handling of storm debris in op space
areas) shall be submitted as part of the Resources Mana ment
Plan and incorporated into Homeowners' Association
documents.
5.17.7 Rural Heritage Museum
(A) Standards for Class B Special Use Permit or ASE -CZ Zoning District
(1) If located adjacent to residentially zoned property, all buildings, facilities, and
parking areas shall be located a minimum of 100 feet from the property line.
(2) The maximum building size in the RB or AR zoning districts 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.
(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.
Orange County, North Carolina — Unified Development Ordinance Page 5 -133
Article 5: Uses 25
Section 5.17: Standards for Miscellaneous Uses
(5) Events permitted by right in the RB, 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
M P D -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 -134
Article 6: Development Standards 26
Section 6.4: Performance Standards
TbQ,following general provisions are applicable to MPD -CZ applications and
perm ed use, special use, accessory use, and conditional use in Econorrjt�
Develop ent Districts:
(1) All uNk and activities must provide secure, safe, and sanX ry facilities for the
storage d pickup of solid waste and recyclables. Su facilities must be
convenient collection and must be appropriate to e type and size of use or
activity being s ed.
(2) All solid waste and yclables storage facili s must be screened in accordance
with Sections 6.4 and . . of this Ordina
(3) All uses and activities must'! mover yclable materials from the solid waste
generated and make them avai for recycling. Recyclable materials,
consisting of glass, metal cans 1 tic containers, corrugated cardboard and
white office paper, newspa rs, and for oil, must not be mixed with or
disposed of with other s "d waste.
(4) All uses and activiti shall remove or cause e removed all solid wastes from
the site or prope before harborage of such wa creates a health hazard.
(5Xnfation Eh Mtr Ian and site plan must be accompanie Solid Waste
t Plan, including a recycling plan and a plan the management of
and land clearing debris. The recycling plan mu rovide
regarding the type and quantity of recyclable maters gener ated
, and the facilities to be provided for collection and stor e.
t plans for construction and land clearing debris must ide the
antity of debris as well as its disposal location.
6.4.10 Service & Outdoor Storage
(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 . 26
(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.
26 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
27
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:
G G-M.M. nrn 0 a1 CA APiAr Opp Fatien'
Stable, Commercial
epls pro the r A-f the als hop+ „ sit4 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. 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.
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
1 This is considered a bona fide farm operation under State Statutes and cannot be regulated with zoning so staff is
suggesting it be deleted from the UDO.
W
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, located on a bona fide farm, for the retail sale of produce, agricultural products, and/
or plants produced on -site and from not more than 4 other cooperative farm partners.
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. A commercial stable may be included on the site.
Farm Equipment, Non -Farm Use
Commercial use of the farm equipment owned /leased by, and stored on, a bona fide farm non - farming
activities away from the 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.
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
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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, located on a bona fide farm, where livestock or wildlife is slaughtered, processed,
and packaged for personal consumption and /or wholesale or retail sale. The livestock must be raised on
the subject farm and from 1 to 4 other cooperative farm partners.
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.
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.
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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 Existina Terms. no chanaes aroaosed
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
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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)