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HomeMy WebLinkAboutAgenda - 02-25-1980 AGENDA ORANGE COUNTY BOARD OF COMMISSIONERS FEBRUARY 25, 1980 COMMISSIONERS ROOM, ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA 7•.30 P.M. I. The Orange County Board of Commissioners and the Orange County PlanninI Board will hold a joint public hearing to consider amendme is to the County Zoning Ordinance: Amendments relate o: 1 A. Article 1: General Provisions. B. Article 2: The Board of County Commissioners and its Administrative Mechanisms. 2. The Trustees of the Caldwell Fire Department have requested the Board o Commissioners authorize the Department of Transportation to pave the driveway into their new fire station. 3. Continuation of Northern Fairview Community Development Project discussi�On. E E I E Old New Article !Article Title Page 1, 2, 3, 4 1. General Provisions 1.1 1.1 Long Title and Authority 1.1 1.2 Short. Title 1.1 3 I 1.3 Intent 1.1 1 1.4 Applicability 1.2 4 1.5 Farm Exemption 1.3 2 1.6 Effective Date 1.3 2. The Board of County Commissioners 2.1 and its Administrative Mechanisms 2.1 The Board of County Commissioners 2.1 14 2.2 The Planning Board 2.3 2.3 The Board of Adjustment 2.15 2.4 The Planning Department 2.25 5 3. Establishment of zoning Districts 3.1 and Zoning Map 6 (4. Table of District Provisions 4.1 � 5. Reserved 6.13.1 6. Planned Developments 6.1 7 7. Mobile Homes 7.1 S 8. Extractive Uses 8.1 9 9. Extractive Use Processing 9.1 10 10. Special Uses 10.1 11 11. General Provisions 11.1 12 12. Non Conforming Uses 12.1 13 �3. Administration 13.1 W '- 14. Reserved 15 15. Amendment 15.1.1,6.16 Violations and Penalties 16.1 17 7. Legal. Status 17.1. 18 18. Definitions 18.1 ZONIN ORDINANCE TABLE OF CONTENTS Existing Proposed Section Title Article Section Title 1. General Provisions 1.1 Long Title and Authority 1-2_ ____..-...........Short Titl — — Purpose 1.3 Intent I Applicability 1.4 Applicability 4 Agriculture Exemption 1.5 Farm Exemption 2 Effective Date 1.6 Effective Date 2. The Board- of County Commissioners and its Administrative Mechanisms 2.1 The Board of County Commissioners 2.1.1 Board of County Commissioners Responsibilities 2.1.2 Procedure on Amendments to this Ordinance 2.1.3 Procedure on Application for Approval of Special Uses 2.2 Planning Board (Separate Ordinance to Establish a 2.2.1 Intent Planning Board — February 7, 1377) 2.2,2 Establishment (1. Membership and Vacancies) 2.2.3 Qualifications 2.2.4 Tenure 2.2.5 Attendance at Meetings (2. Organizations Rules, Meetings, 2.2.6 Rules of Procedure and Records) 2.7.7 Meetings 2.2.8 Meeting Minutes (9. Annual Report of Activities) 2.2.9 Annual Report (3. General Powers and Duties) 2.2.10 General Powers and Duties (7. Public Facilities. 8. Miscellaneous 2.2.11 Specific Powers and Duties powers and Duties) 6. Ordinances and 2.2.12 Comprehensive Plan, Contents Regulations. 10. Advisory Council and 2.2.13 Comprehensive Plan Adoption Special Committees. 5. Comprehensive Plan) 2.2_34 Amendment of Adopted Comprehensive Plan (11. Repeal and Date of Effect. 1.2. Validity) 7.2,15 Planning I?epartment .to Act as Staff to Planning Board Existin Article Section Title proposed iection Ti_tla 2.3 Board of Adjustment L4 Board of Adjustment 2.3.1 Board of Adjustment, Establishment L4.1 Creation of Board 2,3,2- Powers of Board L4.3 Powers and Duties L4.3.1 General 14.3.2 Interpretation,. 14.3.3 Variances 14.3.4 Exceptional Uses 14.3.5 Special Permits Board of Adjustment Administration 14.3.6 Conditions 2.3.3 14.2 Rules of Procedure 2.3.4 Quorum and Vote Required Variances 2.3,5 Application of variance Power 2.3.6 Application of Special-Use Power 2.3.7 Application of Interpretation Power 2,3.8 Appeal Stays Further Proceedings 2,3.8 Exceptions to Stay of Action 2.3.10 Appeal of Board of Adjustment Actions 3. Establishment. of Zoning Districts and Zoning S Districts ct Provisions 4. Table of District Provisions 6 Table of ]?istri 5. Reserved 6. Planned Developments 6.13.1 PUS 7. Mobile Homes 7 Mobile Homes Extractive Uses 8. Extractive Uses 9 Extractive Use Processing 9. Extractive Use Processing 10 Special. Uses _ 10. Special Uses 11 General Provisions 1l. General Provisions 12 Non Conforming Uses 12. Non Conforming Uses 13 Administration 13. Administration Existing Proposed Section Title Artlae Section Title 15 Amendments 15, Amendments 16 Violations and Penalties 16. Violations and Penalties 17 Legal Status 17. Legal Status 18 Definitions 18. Definitions r' Existing Proposed Comment: There is no comparable wording in the 5/6/79 ARTICLE 1. GENERAL PROVISIONS existing ordinance. The citations of state law invoke the basic grant of 5/6179 1.1 Long Title and Authority powers to counties to legislate in the areas covered by this ordinance. An ordinance establishing comprehensive development regulations for designated Note that which is proposed is a portions of Orange County and providing unified ordinance covering zoning, for the administration, enforcement and subdivision control, erosion and f-mendment_there-o.f.-.n--accord-with-t-he -- — sedimentatio- control and flop provisions of Chapter 153A, Article 18; hazard areas regulation. Chapter 143, Article 21, Part 6: Chapter 63, Article 4, Chapter 113A, Article 4; Chapter 160A, Article 19; Chapters 39,47, 136 of the Forth Carolina General Statutes, as amended, and for the repeal of all ordinances in conflict herewith 5/6/79 1.2 Short 'Title This ordinance may be known and cited as "Orange County Zoning Ordinance." . Pur�as� SJ6/79 � .3 Intent .tion 3 a) Declaration of necessity --In order to protect and promote the health, safety, is the purpose of this ordinance; general welfare and morals of the county and its residents, this ordinance is 3.1 To recognize the clear interest of the residents adopted by the orange County Board of of Orange County in the efficiency , prosperity, Commissioners to regulate and::reltrict appearance, health, and safety of their County; the height, number of stories, and size of buildings and other structures, the 3.2 To recognize the basic right of each resident to percentage of lots that may be occupied, use and enjoy land which he legally owns or con- the size of yards, courts, and other tro ls; open spaces, the density of population, and land for tirade, industry, residence and 3.3 To avoid potential conflicts Between the lAhd other purposes, including off-street user and the general publics parking, the arrangement of Lots, methods of land development and related matters. 3. 4 To protect the present and future enjoyment of property by all residents in all portions of ` Orange County covered by this ordinance. Proposed Existingz P b} urpose. The purpose of the regulations .hese ends this ordinance is designed to prorceate the set out in this ordinance shall be to ,d and harmonious development of Orange County and to accomplish compatible development of the :her the general welfare of all residents by safe- land within Orange County in. a manner ding property values. This ordinance is further which will best promote the health, safety, .gned to provide for residential commercial, and in- and general welfare, as well as to provide trial growth in Orange County by the establishment of 'for efficiency and economy in the process type of use can develop f development; to make adequate provisions =ricts within which each to secure safety from fire, )erly and- profitably and not interfere with the use of for traffic; vide for panic, and other hazards; to pro 3 in adjacent parcels or districts --- light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parts, and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation and for other purposes in ac- cordance with the comprehensive plan for the County. 516/79 1.4 Appli_ cabiltZ The provisions of this ordinance shall apply to the following areas: All portions of Chapel Iiij-1,Township, Orange County, North Carolina, outside the planning areas of the Towns of Carrboro- and Chapel Hill, and totbbe--tahole of Eno Township. Existing Proposed 516/73 1.5 Farm Exemption -�� . tore t'xem��tic�n The provisions of this ordinance which are ction 4 R rictll,,,_._.._- — adopted under Chapter 153A, Article 18, Part 3 do not apply to bona fide farms; e provisions of this ordinance do not apply to bona fide y rms. This ordinance does not exercise any controls over op lands, timber lands, pasture lands , idle or other Comment: Rather than a blanket exemption for rm land devoted to agriculture: use nor over any farm -griculture,as does_the �-. Gent.--o.r4inance, use, barns pou3.try house , or other farm bulldings in- it is proposed to use the term "bona fide uding tenant or other houses for persons working said farms", contained in the enabling legislation rm, as long as such houses shall be in the same ownership and to supply, at a later time, a definition the farm and located on the farm. Such agricultural uses for the term., something the state law does intain land open and rural and achieve the purposes of not do. is ordinance without the need for regulation. Residences r- non-farm use or occupancy and other non--farm uses are bject•.to ,the provisions of this ordinance. - -.- :tion 2. Effective Date 1.6 Effective Date . effective date of this ordinance is February 6, 1967, for The effective date of this ordinance is .pel Hill Township, and March 2, 1970, for Eno Township. February 6, 1967, for Chapel, Hill Township, and � amendments to this ordinance shall be effective.,on the March 2, 1970, for Eno Township. All amendments � es of their adoption by the Orange County Board of County to this ordinance shall be effective on the dates missioners. of their adoption by the Orange County Board of County Conmtissioners: 3 proposed Worcli_n Administrative Mechanisms Comment: this part of the proposed ordinance deals with 5/5/79 2.1 THE BOARD OF COUNTY ComMISSTONERS The Board of County Commissioners, the Planning Board, 516/79 2 .1.1 Board of Commissioners Responsibilities the Planning Department and the Board of Adjustment. The first and third groups have not been dealt with.. The Orange County Board of Commissioners have in ordinance form previously, so that there is no the following responsibilities in relation comparable wording to post in the left hand column. to this ordinance' Also, because a decision has not been made as to whether a) Hear and decide applications for amendments to amend the existing ordinance on a piecemeal basis or ortions of the existing to the text, schedules and map p submit a comprehensive amendment, replacing this ordinance ordinance in its entirity, final section numbers have not been assigned to the proposed wording. This can easily b) Hear and decide applications for the ap- be done, once a decision is made on the basic approach. proval of Special Uses which are noted in Discussion can proceed on the substance, with the order- the Schedule of Permitted Uses as requiring ing of the provisions left until later. approval of the Board of Commissioners c) Establish Rules of Procedure for the con- duct of hearings -and other proceedings before the hoard of Commissioners in exercising responsibilities a) and b) above d) Make the necessary appointments to the Planning Board and Board of Adjustment e) Approve Preliminary Plans of the subdivision of land as required by the Subdivision Regulation f) Provide by appropriation funds for the .4 nrclinance Existing Proposed 5/6/79 2.1.2 Procedure on Amendments to this Ordinance Amendments to this ordinance shall be processed in record with the provisions of Article 15 , Amendments and the Rules of Procedure of the Board of Commissioners and the Planning Board. The Board of Com- missioners, in exercising this power, are bound by the State enabling legislation, the-terms-off this--erd nance and----app-l-ic-able7F--__ --- court decisions in carrying out its legisla- tive function. 2,1.3 Procedure on A22lication for A roval of Special Uses The Board of Commissioners, when considering applications for approval of Special Uses, sits in a quasi-judicial capacity and shall be bound by the same requirements as the Board of Adjustment acting on similar matters. Particularly, the Board of Commissioners shall make its decisions based on substantial evidence contained in its record of proceed- ings and shall be bound by the general and specific standards and requirements of the particular Special Use as contained in Article 14. I 5 Proposed Existing AN ORDINANCE TO ESTABLISH A PLANNING 5/23/79 2.2 -Planning hoard 5/23/79 2.2.1 Intent BOARD FOR ORANGE COUNTY The Orange County Board of Commiss-- WHEREAS the General Statutes of North ioners under the authority of Chapter Carolina, Chapter 153A, Article 18, Part 1, 153 A, Article 18 , Part 1 of the General provided for the establishment and operation Statutes of North Carolina, as amended of County Planning Board, attached thereto for the purposes and advantages described and incorporated herein for reference as herein intends to create a County Planning Exhibit A•, and Board and embark upon a- continuing planning program, including but not limited WHEREAS it appears to be advantageous .�Mo to the preparation and maintenance of the we of the County of Orange that a comprehensive plan for orange County, a comprehensive and continuous planning in protection of the public health, program be undertaken; and safety and general welfare of present and future residents, landowners and WHEREAS the Board of County Commissioners visitors. needs the active assistance and constant cooperation of many concerned citizens in establishing the P1ann.ing. Board in their efforts to serve the best interests T and its program the Board of commissioners of the people and to direct the County's intends that the Planning Board be growth according to sound management and guided by the following principals : planning guidelines; therefore, The Comprehensive Plan and any BE IT RESOLVED, that the Board of County ordinances or other measures to effect- Commissioners hereby establish uate it shall be made with the general purpose of guiding and accomplishing THE ORANGE COUNTY PLANNING BOARD a coordinated, and harmonious develop- ment of the County which will, in hereinafter referred to as the "planning accordance with present and future needs, .Board" , and ordain that it be governed by best propmote health, safety, morals, the following provisions. Comments: The wording proposed and the general welfare, as well as does not differ much from existing, efficiency in the process of development; but it has been rearranged to maize including, among other things, adequate a more orderly flow "Intent providisons for traffic, the promotion of into the balance of the wording safety from fire and other dangers, related to the Planning Board. adequate provision forlight and air, the promotion of the healthful and-convenient distribution of population, the promotion of good civic design, wise and efficient expenditure of public funds, and adequate pr.o-v-tsion_o.fpu-bl-ic ut4l-i:ties;ser-wi-ces and - —_ other public requirements, and conservation of significant natural and man-made resources within the county. Section I MembershiE and Vacancies 5/23/79 2.2.2 Establishment The Planning Board shall consist of at least There is established the Orange County 12 members, each zoned township being Planning Board, hereafter called "The Board," represented by at least one member. Planning to consist of at least 12 members. Members Board members serve generally at the pleasure shall serve without compensation, but they may of the Board of County Commissioners. Four be reimbursed for incidental expenses incurred members shall be appointed for one year; four, in connection with official duties. for two years, four, for three years. Their successors shall be appointed for three year terms. No member shall serve more than two successive three year terms except for those members who are initially appointed for less than three year terms. Any new appointments shall serve a three year term beginning on the date of their appointment, Faithful attendance at the meetings of the Board is considered a prerequisite for the maintenance of membership on the Board. The Board of County Commissioners can declare a vacancy because of non-attendance. Ex-officio members may be appointed from :other governmental units or agencies. 7 ,A. PROPOSED 5/23/79 2.2.3 Qualifications Every member of the Boards dic �ioxz. resident Every of orange County,s planning one -member shall be a resident of each Township- 5/23/79 2.2. 4 Tenure The tenure o� f� ebeshall reapFointedthree years with the right to for a second full term. Appointments shall be made so that approximately one-third of the terms expire each year. Appointments f acancies shall for the unexpired .term 5/23/79 2.2 .5 Attendance at meetings Any member of the Board who misses more than three consecutive meetingsp in any for m©re .than one quarter r the something other than No comparable prove-sion twelve mfawth peri Mr Section 2. Organization, Rules, Meetings, 5/23/79 2.2.6 Rules of Procedure and Records The Board shall adopt and adhere Within thirdy days after the appointment to rules of procedure for the conduct the Planning Board shall meet and elect of its affairs. a chairman and create and fill such offices Among other matters the Rules of as it may determine. The term of the Procedure shall provide for the office Chairman and-0-ther...officers-shat-1 -be--one---- -- -----o-f-Ch�irMan and-Vii -hairman, whose year, with eligibility for re-election. term of office shall be one year, with The Board shall adopt by-laws for trans- eligibility for re-election. action of its ,.business and shall keep a A quorum for conduct of business record of its members' attendance, and of the Board shall be a majority of of its resolutions, discussion, findings, the appointed members. and recommendations, which shall be a The Rules of Procedure shall public record. The Board shall hold at require the Board to meet at least least one meeting monthly, and any other once a month and provide for the calling meetings, sub-committee meetings , and of special meetings as the need of work sessions which may be necessary the Board requires. to achieve the goals and objectives of the Board. All of its meetings shall be open to the public. There shall be a quorum of 50 per cent plus one member for the purpose of taking any official action required by this ordinance. 9 5/23/79 2.2.7 Meetings All Meetings of the Board shall be open for the public and the Board shall cause notices to be given as required by chapter 655 of the North Carolina statutes, as amended. 5/23/79 2.2.8 Meeting Minutes The Board sha11. cause minutes of its meetings to be maintained as a vermanent public record. such minutes 'shall record the attendance of. esummary its findings, recommendations, and a resented of information, data and tiastimony P to -it. 5/23/79 2.2.9 Annual Report Section 9, Annual. Re ort of Activities 3�., of The Board shall- b, Y January The planning Board shall, in each year, submit to the Board of county submit in writing 4©mmissioners an Annual. Report of its January of each year Comm' sioners activities, during the previous year, to the Board of County persons , any recommendations affecting p a written report of its activities , and duties, and fiscal effects as it deems an analysis of .trends and issues with ealt or may deal appropriatappropriate.which it has d in the coming year pursuant to this ordinance. Section 3. General Powers and Duties 5/23/79 2 .2.10 General Powers and Duties it shall be the duty of the Planning As provided for at 153A-321 of Board working with other local, the General Statutes of North Carolina, regional, state, and federal agencies: as amended the Planning Board shall have the following Powers and Duties : (1) To acquire and maintain in current form such basic (a) Make studies of Orange County and information and materials _ -surroun&Lng-a-rea-s-;- as are necessary to an mm (b) Determine objectives to be sought understanding of past in the development of Orange County; trends, presnet conditions, (c) Propose and adopt plans for achieving and forces at work to cause these objectives; changes in these conditions; (d) Develop and recommend to the Board of Commissioners policies, ordinances, (2) To prepare and from time to adminstrative procedures and other time amend and revise a com- means for carrying out plans in a prehensive and co-ordinated coordinated and efficient manner; plan for the development of (e) Advise the Board of Commissioners the area• concerning the use and amendment means for carrying out plans; ;3) To establish principles and (f) Exercise such functions in the admini- policies for guiding action stration and enforcement of various in ghe development of the area : means for carrying out plans as may be assigned by this or other ordinan- (4) To prepare and recommend to ces of the county; the Board of County Commission-- (g) Perform other related duties as may ers ordinances promoting be assigned by this or other orderly development along the ordinances. lines indicated in the comprehensive plan: Comment: 2 .2.10 is a direct adapt- ation of the state enabling legi_s- (5) To determine whether speci- lature suthori.zing establishment fic proposed developments of planning agencies and programs conform to the principles within counties. For obvious rea- and requirements of the com- sons, it is prudent to echo this prehensive plan for the growth language within local enactments. and improvement of the area; (6) To keep the Board of County Commissioners and the general public informed and advised as to these matters; �7y To perform any other duties which may lawfully be assigned to it. Section G. Ordinances and Regulations The Planning Board may initiate, from time to time, proposals for amend- ment of- the existing zoning ordinance ar proposals �wbasedguponthe existing ordinance its studies and comprehensive plan. in addition, it shall review and make recommendations to the Board of County Commissioners concerning all proposed amendments to the zoning ordinance. The Planning Board shall reveiw, from time to time, the need for regulat-� ions for the control of land sub- division in the area and submit to the Board of County Commissioners its recommendations, if any, for adoption or revision of said reg- ulations. The Planning Board shall review and make recommendations to the Board of_ County Commissioners concerning all proposed plats of land subdivision. The Planning Board may also review 5/28/79 2.2.11 Specific Powers and Duties and recommend to the Board of County Commissioners any other ordinances In furtherance of sub-section or regulations as enabled by the 2 .2.10 the Planning .Board is authorized General Statutes which are necessary and directed to- to achieve the proper management of growth in Orange County. (a) Gather maps and aerial photographs of man-made and natural physical Section 7. Public Facilities -F eatu-r-es-of—t-he-a-r-ea,-ztattkst3cs-on past trends and present conditions The Planning Board shall review with with respect to population, property the county officials and report as values, the economic base of the E recommendations to the Board of County area, .land use, and such other Commissioners upon the extent, locat- information as is important or likely ion, and design of all public struct- to be important in determining the ures and facilities and on the acquisit- amount, direction, and kind of develop-- ion and disposal of public properties. ment to be expected in Orange County However, in the absence of a recommen- and its various parts as background dation from the Planning Board, the for its Comprehensive Plan and any Board of County Commissioners may, ordinances it may prepare. if it deems wise, after the expir- ation of theirty (38) days from the (b) Make, cause to be made, or obtain date on which the question has been. special studies on the location, submitted in writing to the Planning condition, and adequacy of specific Board for review and recommendation facilities, which may include but take final action. are not limited to studies of housing; commercial and industrial facilities; parks, playgrounds, and recreational Section 8. Miscellaneous Powers and facilities; public and private util- Duties ities; and traffic, transportation, parking facilities , environmentally The Planning Board may conduct such critical areas, and important natural. Public hearings as may be required resources; all county officials to gather information necessary for shall upon request, furnish to the the drafting, establishment, and Planning Board such available records maintenance of the comprehensive plan. or information as it may require in Before adopting any such plan it shall its work; hold at least one public hearing thereon. The Board or its agents may, in (c) Power the performance of its official The Planning Board shall have p duties , enter upon rands and make to promote pubs- c interest in and s and maintain of its reCOmmendat- examinations or survey an understanding publish , necessary survey monuments thereon;may ions, and to that end es of it recomen- Lion and distribute 'cop� such other (d} Approve and recommend for adoption lotions and may employ by the Board of commissioners a means of publicity and education as comprehensive plan for the develop- it may determine. ment of the county , as well as Board, may amendments hereto; Members l the Planning onferences or meet- royal , approval attend planning (e) Consider for aAP royal ings of planning institutes or hear- ending planning l.egis- with mddiflat iof subdv s -on as latiupon Board maY+ proposed p County Subdivision onP and the Planning specified in the Orange by formal and nning. Board sobudg t, Regulations. P within the Planning. expenses (f) To make xecommendations, upon the reasonable traveling xefeake upon ayl proposed amendments incident to such atten dance. to this -ordinance in accord with set up special Article 15. The Planning Board may the Board committees to assist it in the studY (g) Make recommendations to co specific questions and problems r of Commissioners and the Board of li- errnenant sub-commi.. Adjustments, as approPiate, Uses or or establish P royal of Special to promote the efficient review of cations for app Articles b proposals and work items. planned Developments in accord Wi th and 7. Advisor council and (h} Prepare and recommend to the Boar Section 10. of Commissioners new ordinances Special Committees or amendments to existing ma recommend the which will have the effect of_ imple- The Planning Board Y meeting the Comprehensive Flan; establishment by the Board of County in a program of information Councils (i) public and Commissioners of Advisory dissemination to the p and may cooperate with these investigations - officials; to the end thareceivenfullest con.- plans may eration. When established the Boar may not delegate to such advisory councils any of its officia' prerog- atives. Section 5. Comprehensiye 'Plan The comprehensive plan, which includes Ell Cooperate with such advisory maps, plats, charts, and descriptive councils as may be established by matter, task force reports, official the Board of Commissioners. statements which are part of the • W Establish advisory committees to underlying policy of the Plan, shall assist it in its functions. constitute the Board's recommendat- ions _to t e Board oE County Comraiss- (1) Perform all necessary actions in ------ ioners. The recommendations shall support of its duties and powers. address such things as . . . the general location, character., and extent of streets, bridges, boulevards, 5/28/79 2.2.12 Comj2rehensive Plan, Contents parkways, playgrounds, squares , parks, aviation fields, and other The Comprehensive Plan, which in- public utilities and terminals, :.hides maps. plats, charts, and descri vi»ether publicly or privately owned p- tive matter, task force reports, official or operated, for water, light, sani- statements which h are the under- tation, transportation, communication, part power, and other purposes; the removal lying policy of the Plan, shall con- l. stitute the Board's recommendations relocation, widening, narrowing, to the Hoard of Count ' Commissioners. vacating, abandonment, change of use, The recommendations shall address such or extension of any of the foregoing things as the general Location, char- ways, buildings, grounds, open acter, and extent of streets , bridges, spaces, property, utilities, or boulevards, parkways, playgrounds, terminals, the most desirable pattern , squares, parks, aviation fields, and of land use within the area, in- other public ways, grounds, and open cluding areas for residential uses, spaces; the general location and extent for farming and forestry, for manu of public utilities and terminals, facturing and industrial, uses, for whether publicly or privately owned or commercial uses, for recreational, operated, for water, light, sani- uses, for open spaces, and for mixed tation, transportation, communication, uses" power, and other purposes; the removal, relocation, widening, narrowing, The Plan and any ordinances or other measures to effectuate it shall be vacating, abandonment, change of u'se,made with the general purpose of guiding or extension of any of the foregoing ways, buildings, grounds, open spaces, and accomplishing a coordinated, property, utilities, or terminals; the most desirable pattern of land use within the area, .including areas for adjusted, and harznanious develop- residential uses , for farming and meet of the County which will , in forestry. .for manufacturing and indust- rial uses, for commercial uses, accordance with present and future recreational uses, for open spaces , needs, best promote health, safety, and for mixed uses. morals, and the general welfare, as well as efficiency and economy in 5/28/79 2.2 .13 Comprehensive Plan Adoption the process of development; includ- ing, among other things, adequate The Board of Commissioners upon. provision for traffic, the promotion receipt of a recommended Lo prehensive of safety from fire and other dan- Plan from the Planning Board shall gars, adequate provision for light consider--such plans and adopt it by res- and air, the promotion of the health- olution either unchanged or with modi- ful and convenient distribution of fications. population, the promotion of good civic design and -arrangement, wise Prior to adoption of the compre- and efficient expenditure of public hensive Plan the Board of Commissioners funds, and the adequate provision shah. hold a public hearing thereon. of public utilities, services, and Native of the public hearing shall be other public requirements, and the g ublishin said notice at least proper management of Orange County' s twice by a newspaper of general cir- natural resources. culation in the county, stating the time nabling and place -of such hearing, and the sub- Comment• While the state e stance proposed plan. This notice .Legislature refers to adoption of shall appear in said -newspaper for two. the Comprehensive Plan, it is silent successive weeks with the second notice as to how that adoption takes place. appearing not less than fifteen days Sections 3 . 2.13 and 3.2 .14 set up nor more than twenty-five days before a simple process for adoption of the date set for the public hearing. amendments. of course, the rather spare 5/28/79 2.2.14 Amendment of Adopted Compre- process for adoption can be em- hensive Plan bellished with public forums, meetings, etc. , as the Board of Proposed amendments to the adopted Commissioners believes purdent. comprehensive Plan, if not initiated by it is not required to do so, but the Planning Board, shall be referred it may if it wishes. to it by the Board of Commissioners The Planning Department, as authorized for recommendation. The Planning by the Board of County Commissioners Board shall have sixty days from the and the County Manager, shall serve date of referral in which to make as staff to the Planning Board. such recommendation. Failure to make a recommendation within the sixty Section 11. Repeal and Date of Effect day period shall be considered approv- All ordinances, parts therof, reso- al of the proposed amendment by the lutions, and Board of County Commiss- Plannin _..Bg=_da -- -ion ers-acttonrg-rneIated-f the range Adoption of all amendments to the County Planning Board in existence adopted Comprehensive Plan shall be prior to the adoption of this ordi- made only adter a public hearing nance are hereby repealed. This with notice as specified in 3. 2.13 resolution and ordinance shall be in full force and effect as an ordi- 5/28/79 2. 2.15 Planning De artment to Act nance of Orange County from and after as Staff to Planning Board the date of its adoption by the Board of County Commissioners. The Director of Planning, under the direction of the County Manager, Section 12. Validity shall provide staff service of the Planning Department to assist. the Should any section, paragraph, Planning Board in carry out its duties. sentence, clause or phrase of this resolution and ordinance be declared Comment: Existing sections 11 unconstitutional or invalid for and 12 are not needed here in the any reason, the remainder of the proposed version because their function:. resolution and ordinance shall not is performed elsewhere in the be affected thereby. proposed wording. E proposed Existin 5/6/79 2.3 BOARD ©r ADjTjSTMENT action 14. Board of Adjustment 5/6179 2.3.1 Board of Adjustment, Establishment of +.1 Creation of the Board established. established 8/12/79 2.3.1.1. A Board of Adjustment is hereby A Board of Adjustment is hereby it shall consist of five members, and two County, one Such Board shall consist of five (5) members all of wham shall be residents of Orange County. residents and of the regular members shall be a member of the and two alternate members, who shall have y and appointed by orange County Planning Board, ex officio, citizens of Grange County, Pp the orange County Board of Commissioners. full rights, privileges and responsibilities. The Vice-chairman of the Orange County Plane ng The members shall be appointed by the Board of Board shall be ex-officio a member of the 2,3.1.2 ears, and until their Board of Adjustment, with full rights and Commissioners for terms of three y privileges. Alternate members ar membersoax►d respective successors have been appointed and qualified; only in the absence of regular that the terms of the original members may e imu serve in rotation. Members of the staggered so that all terms may natsl�all besfarltthe shall. ous y of Adjustment will be appointed to Each appointment to fill a vacancy that the unexpired terse. terms of three (3) y ears, except original Board shall be appointed to serve be appointed for a second successive terms as follows: one member three (3) 8/12/79 2.3.1 .3 A member may ears each, and term, but of ter tv�o consecutive terms a member shall be years, two members two (2) Y ineligible far reappointment until One calendar year two members one (1) year each. Qne oatendar year must elapse before any member may be has elapsed from the date of completion of the second appointed for a subsequent term of office, term. except that the one and two year appointees be re-appointed for 2.3.1,4 Mesabers:jshall serve without compensation, but to the original Board may expenses incurred in con- one additional term. Vacancies shall be shall be reimbursed for direct oftheir duties. filled as they occur and to serve for Thethe nection with the discharge expiration o£ the unexpired term. vote only in the absence members of the Board of Adjustment shall 1/21/8p 2.3.1.5 Alternate members may pensation for their services, of regular members. receive no com but expenditures madebins d for of with pocket duties. am Exit Proposed 5/6/79 2.3.2 Powers of Board .3 Powers and Duties 8/12/79 - W - The Board of Adjustment shall have the -3.1 General following powers 1121/80 A. Hear, review, and decide appeals Iroza.and Board of Adjustment is not a IegiSla-- review any order, requirement, decision, or 'e bads. It sha�.l enforce the meaning determination made by the Zoning Officer Spirit of—t.his-his -&in-an-ee-�---as ac e� the-par or anee-o -t fs-duties. the Bvard of County Commissioners . B. Hear and decide applications for the are consistent injustice appears to approval of those special uses requir- ;Ult from the provisions of this ordi- ing Board of Adjustment approval in ice, it shall be the duty of the Board accordance with the rules and conditions Adjustment to recor,Emend to the Board laid down in this ordinance. Commissioners that the ordinance be .nded, The Board of Adjustment shall C. Hear and decide appeals for variances .e no decisions which will have the from the dimensional regulations of this .ulative effect of amending this ordi- ordinance in accordance with Section 14.5. ce . Nothing in this section shall be con- strued to authorize the Board of Adjust- Board of Adjustment Shall have the ment to permit a use in a district where l.owi ng powers and duties . that use is neither a permitted use nor a special use. D. Pass upon, decide or determinesuch other 1.2 Interpretation matters as may be required by this ordinance. Board of Adjustment shall have the Comment; 2.3.2 is a rather spare recitation of :r to hear appeals from the Zoning the basic powers of the Board. Dote .cer's decisions in matters of the that the proposed wording extends the taretation of the zoning ordinance. Board the power to hear and decide ap- Boards powers of interpretation shall, plications for those special uses which 1st of determining the true facts in require Board approval. This provision .se and applying to these facts what is inserted in anticipation that some of Board considers to be the meaning of the special uses which will be listed ordinance. In the exercise of this in the ordinance, along with standards r the Board must any, not vary, the for their approval, will be delegated by s of this ordinance , and no showing of the Board of Commissioners to the Board ship is required. Any variation must of Adjustment. the requirements for a variance as forth in Section 14.3.3 of this• ordi- �„ proposed rxistin I .5 (Amendment 7-3-67) Board of Adjustment shall be empowered to to any temporary o other special permits :fired by this ordinance only as specifically iori zed by this ordinance. Win. the exercise :his power the Board shall follow the lan-- re of the ordinance exactly. 1.6 Conditions- the issuance of a permit for a variance or aption, the Board shall have the power to :,se any reasonable conditions can the permit rh. will minimize the impact of the proposed of the property upon its neighbors and to serve the best Interests of the public as a le. 2 Rules of procedure -- -- -- 'udiciai. admJ"n- 5l6/79 2.3.3 Board of Adjustment Administration Board of ' Adi ustment is a quasi 2.3.3.1 The Board shall adopt rules of procedures :native body whos �esam�oextenteas cvurtte and regulations for the conduct of its 3perty rights to affairs. -isions . For that reason it shall grv�ptl-y roat rea which must be regular apt rules of P d its decisions must be 2.3.3.2 All meetings of the Board small be open to j properly juilicial, an cognized body of law in the public. accordance with the recoq s field and its rules law, at .least the follow-- 2.3.3.3 The Board shall keep�her cordofife is member th s tat-ato=y and ca meetings, including . =avisions must be included: ------ on every question, a complete summary of the _- evidence submitted to it, documents sub- mitted to it and all official actions. .2.1 _ __ _ a-�m� 67, +-hzn which Existing Pro osed IV 2.3.3.4 The Board shall give notice of matters , 2. 2 The E3oard shall make provisions for the coming before it by causing public notation giving of notice prior to hearing the to be placed in a newspaper of general appeal. circulation in the county. The notice shall appear once a week for two consecutive weeks, 2.3 The Board shall fix a reasonable time the first insertion to be not less than 15 within which the appeal must be heard. days prior to the meeting date. 2.3.3.5 The person acting as Chairman of the Board 2. 4 The quorum for the purpose of hearing is_authoxlzed_to-administer oaths-to-any------- Cases-steal l—be-not -less -tha3 Ur Ytt tubers: witnesses in any matter coming before the Board. 2.5 The concurring vote of not less than four members shall be necessary to: 2.3.3.6 Applications for special use approvals, appli- cations for variances and appeals for review 4.2.5. 1 Reverse any order requirement, deck- of decisions of the zoning officer shall be sion or determination of the Zoning filed with the Zoning officer as agent for the Of f icer.. Board. Applications and appeals shall be submitted on forms provided by the Zoning 4 .2.5.2 Authorize an exceptional use per- officer. rsti tted by this ordinance. 2.3.3.7 It shall be the responsibility of the Zoning 4.2 .5.3 Grant a variance from the literal. Officer to notify the parties to the appli- ter"ms of this ordinance. cation or appeal of the disposition which the Board made of the matter. This notice 2.6 The Board shall fix a reasonable time shall be made by registered or certified mail within which said reversals, exceptions within five working days ofthe Boards action. and variances must be decided. P The zoning officer shall simultaneously file a copy of the Boards action in his office. 2 . 7 The Board shall deny any application for Ji 180 2.3.3.$ It shall. be the responsibility of the Zoning 3 rehearing if there is no substantial Change In facts , evidence, or conditions ... officer to issue permits in accord with the Boards action on an appear or application, 2. 8 The Board shall keep a Complete set. of if a permit is authorized by the Hoard action. Minutes and records showing the evidence 2.3.3.9 The Zoning officer shall see to the faithful presented, the -Board's findings of fact, execution of all protions of the Board's and the Board's decision i�A each Case actions, including the enforcement of all heard by the Board. conditions which may have been attached to the granting of a variance or approval of a '..9 The Board shall in all particulars comply special use. with the formal requirements set forth in its rules . 5/6/79 2,3.E Quorum and Vote Required pro osed �}il S�c.l Ft 2,3.4.1 A quorum of the Board, necessary to conduct any business of the Board shall consist of vom _ 2.3.5 sets out in some detail the rules which the Board of Adjustment must follow in deciding four members. upon applications for variances. These rules vote of four of the are stringent, but follow case law. Variances 1/21./80 2.3.4,2 The c oncurring are not supposed to be easy to grant; they members of the Board shall be necessary should be reserved for the highly unusual in order: case. order requirement, a) to reverse any ! decision or determination of any adminis- trative official charged with enforcement of this ordinance, or b) to decide in favor of the applicant any matter upon which it is required to pass by this ordinance, or c) to effect any variation in this ordinance. 5/6/79 2.3,5 Application of the Variance Power 1. 3.3' Variances $/12/73 2.34'5.7,- A variance may be allowed only by tl�e Anard of Adjustment in cases involving practical difficulties or unnecessary hardships ofhe lot on by is Board, is to make decisions regarding unusual size, shape, topography le granting of "Variances" from the unusual soils conditions, when substantial Lteral terns- of the ordinance in hardship evidence in the official record of the applica- ases where such variances will not sub_. tion supports all the following findings. ;rt the meaning and spirit of the ordi- A. That the alleged hardships or practical rote. The Board Of .Adjustment shah not difficulties are unique and- singular as :ant a variance from the literal terms of regards the property of the person re- 3is ordinance except in cases where each questing the variance and are not those id all of the following shall be deter-- suffered in common with ether property similarly located. zned: Alk Existing Proposed B. That the alleged hardships and practical 1.4.3 .3.1 There are practical difficulties difficulties, which will result from or unnecessary hardships in the failure to grant the variance, extend to Fray of carrying out the ordinance, the inability to use the land in question where the property owner shall prove for any use in conformity with the (a) that if he complies with the provision of this ordinance and include provisions of the ordinance, he can substantially more than mere inconvenience secure no reasonable return from, or and inability to attain a higher financial make no reasonable se__of_h;,is—p-ro-- - r.eturn.--The--aLl-eged-ha-r-dsh-ips-cannot--have- pe�ty; (b) that the hardship results * resyltedtfrom the action or inaction of the C. Mt Me variance, if allowed, will not from the application of the ordinance; substantially interfere with or injure (o) that the hardships is suffered the rights of others whose property would directly by the property in question, and is not merely a general need such be affected by allowance of the variance. as a lack of desiyahle developments D. That the variance is in harmony -with and or arrangements in the surrounding serves the general intent and purpose of area; (d) that the hardship is pecu- this ordinance and the adopted Comprehen-- liar to the app licant Ir s property ; sive Plan. (e) that the hardship is not the result of the applicant' s own actions . E. That allowing the variance will result in substantial justice being done, consider- ing both the public benefits intended to 4.3.3.2 The variance is in harmony with the general purpose be secured by this ordinance and the indi- and intent of the ordinance, and preserves its vidual hardships that will be suffered by spirit. The Board shall grant no variance which a failure of the Board to grant a variance would permit any use of land or buildings pro- hibited by any other section of this ordinance. 2.3.5.2 All of these findings of fact shall be made Only variances in setback, lot area, yard and in the indicated order by the Board of other dimensional requirements are permitted. Adjustment, which is not empowered to grant a variance without an affirmative finding of fact on all five categories above. Each finding of fact shall be supported by substan- tial evidence in the record of proceedings before the Board. 1.3.3.3 In the granting of the variance the public 2.3.5.3 The Board may impose reasonable conditions safety and welfare are assured, substantial upon the granting of any variance to insure justice is done both to the applicant property that the public health, safety, and general owner and the owners of adjacent properties, welfare shall be protected and substantial and the best interests of the public as a justice done. whole are preserved. pry 8/121179 2.3.5.4 Nothing in this section shall be construed 3. 4 Exceptional Uses to authorize the Board to permit a use in a district where that use is neither Bre a district boundary line divides a lot permitted use oar a special use. property in single ownership at the- time said andary line shall be determined, the Board all have the power to permit a use authorized either portion of said lot or property to tend not more than 150 In dis- ict ict boundary line. 4' wer the Board shall follow the language of the dinance exactly- ^ m� No similar wording in Board of 516/79 2.3.0. 4Pplication of Special Use Power mooents i Adjustment section of existing 7.3: .1 Before any application for a special ordinance. Proposed wording is use shall be approved, the Board shall make designed to fill that void. written findings certifying compliance with .the specific rules governing each individual special use and that satisfactory provision and arrangement has been made concerning the following,. where applicable: a. The use will promote the public healcb, safety and general welfare, if located ..3.5 (Amendment 7-3--67) where proposed and developed and operated te Board of Adjustment shall be empowered to issue any according to the plan as submitted; or other special permits required by this b. The use, which is listed as a Special :mporary -dinance only as specifically authorized by this Use in thedistrict in which it is :dinaa.ce. In the exercise of this power the Board proposed to be located, complies with all tall follow the language of the ordinance exactly. required regulations and standards, including the provisions of Articles 4 Comment: The general conditions applicable to and 5 of this ordinance, unless greater all special use are to be placed hare. or different regulations are contained Debate upon those conditions probably in the individual standards for the sp ecif should best take place when the special use; committee is dealing with special uses as a single topic. The general condi- tions should be repeated in the Special c. That the use will maintain or enhance the value of contiguous property, or Use Article as well. that the use is a public necessity; qW Existing Proposed .3.6 Coaditions d. That the use is in compliance with the general plans for the physical development the issuance of a permit for a variance or exception, of the County as embodied in these e Board shall have the power to exception, the regulations or in the Comprehensive Flan, and shall have the power to impose any reasonable or portion thereof, adopted by the .Planning nditions on the permit which will minimize the impact Board and by the Board of County the proposed use of the property upon its neighbors Commissioners. d to preserve the best interests of the public as a ale. 2.3.6.2 The Board may impose reasonable ,coaditions �_— — upan-the-i-insta-r-laCI.on and opeat'ion of�any __-- special use to insure that the public health safety and general welfare shall be protected and substantial justice done. .5/6/79 2.3.7 Application of Interpretation Power 2.3.7.1 An appeal from an order, requirement, decision or determination of the Zoning Officer shall be decided by the Board, based upon its findings of fact and to achieve the intent of the Ordinance. In exercising this power., the Board shall act in a prudent manner so that the purposes ofthe ordinance shall be served. The effect of the decision shall not be to vary the terms ofa:the ordinance nor add to the list of permitted uses in the districts. 516/79 2.3.7.2 An appeal for an interpretation of a decision, 8/12/79 determination or directive was made by the 1121/80 Zoning Officer and record of that action filed in the office of the Zoning Officer. Pro osed Exi.s t in 5I6I79 2.3.8 Appeal. Stays Further Proceedings An appeal. to the Board of Adjustment from a decision or determination furtherance the "Zoning of officer stays all proceedings P t decision or determination appealed from, except as provided in 2.3.8. 2.3.9 Exceptions to Stay of Action Chapter 912 of the 197i Session laws of sal to the Board of Adjustment of a omm� enter 2.3.9.1 An app North Carolina added another reason for or decision which a stay would be denied. it was determination urther proceedings occasioned by a number of complaints by officer shall not stay' enforcement officers around the state in furtherance of thofd the sZoni.ng ©fficerna- e tion appealed from, who said such things �as a swhichdwere e certifies either: not legal would appeal an administra- erations, obtain a) that in the opinion of the Zoning officer life tive order to cease op a stay would cause imminent p a stay, conduct their business and be and/or property. long gone when the Board of gd1ustment could hear their appeal--2,3.9,1 (b) appealed from is firmly shuts that door.) b) that the situation and, therefore an transitory in nature 301.b responds to Chapter appeal, would seriously interfere with en- Co 912 of the 1.97 The wording in 2•Session Laws, which forcement of the ordinance. specifies the time 1aiwhin which ap- the Zoning officer shall peals of Board of Adjustment actions 2.3,9.2 In each instan support ce, can be taken.) place in the certificate facts to the conclusion. 516/79 2.3.10 App ealzi,-Of Board of Adjustment Actions Every decision of the Board shallbesubject to review at the instance of any gg r aggrieved . party by the Superior Court by proceedings the nature of certiorari. The -appeal to Superior Courtbmuthebsecretary within o of of of the filing y Q ©ffice3 the the decision in the office of Zoning officer of the or the delivery by the notice required in 14.3.7, whichever is later. Ex Existing - Proposed 5/6/79 2.4 PLANNING DEPARTMENT 5/6/79 2.4.1 Duties and Responsibilities The Planning Department, an administrative department of the County government headed by the Planning Director, who is appointed. by the County Manager, has the following responsibilities i Pr_ oposed • ExistixL l.s plats, applications for variances and aPP from orders, decisions, determinations and ea requirements made in enforcing this ordinance e) Liaison with other county departments, representatives of other local governmental units and units of the State of North Carolina and of the United States f) The maintenance of data, maps, and other information necessary to the dis- charge of its responsibilities 5/6179 x.4_2. Technical. Advisoxv Committee Established There is hereby established a Technical Advisory Committee to assist the Planning Department in the execution of its functions. It may consist of but not be limited to. a) Orange County Planning Of Health b) orange County Director c) N. C. DOT District Engineer d) planning Director, Town of Chapel Hill e) planning Director, Town. Of Carrbor4 f) Planning Director, Town of Hillsborough g) Executive Director OWASA This committee shall meet at the request of the Orange County Director of Planning to render to him technical advice and recommenda- tions related to this ordinance and its operation. Such advice and recommendations sbal.l be used by the Director of Planning in discharge of his responsibilities under this ordinance 28