Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - 11-24-1980
C-O-R-R-E-C-T-I-O-N Motion by Commissioner Willhoit, seconded by Commissioner Whitted, to correct the Minutes of the November 24, 1.980, Regular Meeting of the Board to properly reflect the action taken by the Board related ti to the adoption of the Standard of Values and Rules to be used in the 1981 property revaluation as follows: Commissioner Willhoit moves that the Board accept, adopt and order the Standard of Values and Rules recommended by the Tax Super- visor to be used in connection with the 1981 property revaluation. (For a copy of adopted Standard of Values and Rules see copy on file in the Tax Supervisor's Office.) Vote: Ayes, 5; noes, 0. DIVISION OF SOCIAL SERVICES _ Orange County Budget Amendment Pr1 r 1980 19 81 Total Federal State Coun A. Total Budget (from DS5-1047, line 33 or last submitted Amendment, Section D) 2,831,026 1,675;791 ' 481,755 673,480 B. Increases: Line Program/Service N/A 1007 Day Care Funds 53,153 53,153 0 0 A-10 Food Assist. Prog. Staff/OPR. M 26422 13,211 1,585 11,626 B'17 Child Da Care State w 50,097 0 _-_50,097 _ B-20 aiS - IV--B Permanency Planning 8,559 _559 0 0...-,.. B-15 C[d5 - Da Care 2800 _ ____2-,4 50 Total Increases 141,031 77,373 51,682 11,97 C. Decreases: A-9 WIN Prog. Staff/ Operations 14,107 i 12,696— 169 B-16 Child.Day Care 4tIN.IV-•C 19,773 ' 12,396 1,377 0 B-30 Count Only -- Non Reimbursable 34,081 ��0 0 34, - T Total Decreases 61,961 25,092 � -1,546 35,32-^,__. D. Amended Budd t (A + B - C1 2,91 1,728,072 531,891 650,13__ Less: Aron-Cash Costs (line 34 DS5-•1047) 16,270 Less: Donor Shares (line 35 DSS--1047) -8,400 625,463 G. Amended County Appropriation -- - ecta Gmen of Social Services - Chairman Board of County Commissioners D P November 24, 1980 Date Date DSS-1047-A Mev. 6/80) t t ORANGE COUNTY CABLF TELEVISION SYSTEM ? C?D I is P_NCE Section I. Purpose. In the public interest and for the promotion of the uublic health, safety , welfare and convenience, and purusant to f statutory authority contained in N.C.G.S. Section 153A-137 and f i other applicable laws, the following rules arr adopted, which I rules set forth the conditions, lia=titations, restrictions and requirements under which a person may construct or cause to be constructed, operate and maintain a community antenna television i I system, and engage in the business of providing a community # + t antenna television service in the unincorporated areas of Orange County. Section II. Definitions. a For the purposes of this ordinance, the f:oll.owi.ng terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When not inconsistont wi..-h the Conte---ct, words used in the present tense include eLe future tense. ; I The word "shall" is always mandatory and not merely dirQctory. � i � Board shall mean the beard of county cos:ti-ni.ssionexs of Orange I � County, North Carolina, CATV shall mean cable (community antenna) television_ E I Cable (community antenna) television service shall mean the business of furnishing to the public for compensation, by means of a master s antenna and cables, broadcast TV programs obtained off the air, together with such other program material and advertising as tray j be allowed by rules and regulations of the Federal Communication i Commission from time to time, "Cable Television Systain" or "CATV System" shall mean a systert of antennas, cables, wires, lines, towers, waveguides or other I ( tx. ftccF,scav conductors, converters, eyui.pmcnt or facilities, designed and AITORNFYS AT LAW i:0L+stsaaoucrt NC: constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in the County_ Said ' 7 r 12. 1< definition shall not include any such facility that serves or will serve: only subscribers in one or more multiple unit awellinc. under common ownership, control or management, or does not use public rights• c,E-way." rranchise shall mean and include any authorization granted here under in terms of a franchise, privilege, permit, license or ot'��rwise to construct or cause to he constructed; operate and i maintain a CATV system in the unincorporated areas of Orange County for the purpose of providing a CAT I service to the citizens of orange County. The franchise may ire lude s+.ich addi- tional terms, conditions, restrictions and limitations as may be considered desirable by the hoard, provided such additional terms,! conditions, rt�:jtrirtions and limitations are not inconsistent with this ordinance and other applicable state and federal laws ; and regulations. A franchise may be exclusive or non- ; exclusive within the area covered by it, which may be the entir r unincorporated area of the county or some lesser geographic area as deemed appropriate by the board. � i Grantee shall mean the person to whom a franchise, as hereinabove definer, is granted by.the board under this i ordinance, and the lawful successor, transferree or assignee of i said person, firm or corporation. Gross annual receipts shall mean any and all compensation and f r other consideration in any form whatever and any contributing ! grant or subsidy received directly or indirectly by a grantee from subscribers or users in payment for any and all cable rservices in the community (including all forms of consideration, such as initial lump sum payments) . Person shall mean any person, firm, partnership, association, i corporation or organization of any kind. I Property of grantee shall mean al3 property owned and installed _2_ or used by a grantee in the operation of a CA TV system or service i �. n;`-reRSOrr in the county under authority of a franchise granted pursuant to i A17ORNEXS AT LAW CRA.U.E.IALl-N.C. RILLSOOROUGIL td,.r_ this ordinance. Street or road shall mean the surface of and the space above and below any public or privately-owned or mai.ntained property or If l l right-of-way, street, road, hicjh:-rely, froewa.y, Ian,-, path, alley, i k sidewalk, parkway or drive, now or hereafter existing 4l.itbin the � 1 unincorporated areas of Orange County. Subscriber shall mean any person or entity receiving fez- ary purpose the CATV service of any grantee. Section III. Franchise required. 1 it shall be unlawful For any person to engac;e in the Construction, pez'ation, or maintenance of a CA`_'\i cyst,-am in the unincorporated areas of the county unless such per,;on or the person for whom such action is being taken shill have first obtained and ahall currently hold a valid franchise granted i pursuant to this ordinance c It ,hail also be unlawful fog any 1 person to provide a CATV.— service in the unincorporated areas o` the county, unless such person shall have first obtained and i does currently hold a valid franchise granted pursuant to the i I provisions of this ordinance. ET_r,WG4"?.L" this section is subject.,. .... to the provisions of section: ,"Vilt hereof. i Section IV. Procedure for granting of franchise. s i 9 l (a) Within twelve months from the adoption of this 1 ordinance, Orange County shall first publish a notice seeking t ' applications for franchises in a newspaper of general. cir- culation throughout the United states and in a news_aaper of `• t i i general circulation throughout Orange County. This notice shall = 1 be published at least once a week for four (,!i consecutive � I weeks. This notice shall contain the name of the county, the name and address of the issuing board, the name and address of a representative of the county who can answer inciuiiies about ' i the county, in brief the proposed terms of each franchise advertise i ' which terms shall be a Inzl:imciai requiromiant for issuance of a Fran chise, and the date on which the applications for issuance of a j FMA7:,Mat, RNI-EY:EATL franchise will be opened, which date shall be at least ninety (gip) ' i :;r;ou.zv�rsi,rl.n�:� CHAFM HILL.N C MLLSUO1:CUCH..IC d,%,s after first publication of notice- The county shall have ; availabl^_ upon request, from, and after the date of the first: 1 f i publication of the notice seeking applications, a detailed I 1 I s < i statement of t.te minimum requirements which must be met for issuance of each francilisF. advertised, and notice of this fact. shall be published as part of the above notice. (b) on the date specified in the notice for the i j opening of applications, all applications received will be opened and placed on file in the office of the clerk to the board of I commissioners for ten (lq) consec�.Itive calendar dais where i they will be open for public inspection during normal business hours. after the applications are opened, a noticta shall be i published on,-.:e in a ne%:Gpaper of general circulation la � Orange CounLy stating that said applications are open to public i inspection. (c) The board may grant a franchise or franchises, aftez, a full and complete public hearing affording all intere-sted parties, including the applicants and the public, the right to j be heard The beard will chant a franchise to the applicant whose proposed system is in the best interest of the pablic and f the potential subscribers within the area covered by the franchise,. If the board determines that no system proposed by any applicant is in the best interest of the public, no franchise will be granted. Any franchise granted shall contain reoi._ations that demonstrate that the board has examined and approved the grantee's legal, financial and technical qualifications, as well i as the adequacy and feasibility of grantee's construction i 1 arrangements. (d) The county may request applications for a portion i of the unincorporated area of the county less than a whole of , i the unincorporated area, l e Section V.,V., Requirements for the Application. ; i A person seeking issuance of a franchise hereunder shall file a written application, in duplicate, with the tcLE>•fnn.HeRtiiiU12 DICKER509 county manager, The application shall contain the following AT7C..\EYS AT I—k—d niLissoaauaH,rs.c. information i ^(a) The name and address of the applica»t„ If ;� .,.�, porch;n. fhp nama Mn6 Paarracc nF aarh 4 partner. if the applicant is a corporat,ir,n, tk:e applicat-ion i s�-s �* shall also state the names and addres of its clircct° .,, '. _. officers, para4t and subsidiary compEtnies and of :stac)_-holdcIrS Ovming as much as three per -:=nt (3`t) ref t:',4 ott'.:sL-andi:tg stack, and shall include a certified cb_]y of t'c articles of i t:or- poration. mek so � the A state ;-prlicant's ezperje'1ce in I establishing a system and in providing a seVfice. i (c) A financial sLatement pieparea ty a c.artifie d public accountant, or person otlterw-LSe satisfac:`Lor to to€-� board, showing the applicant's financial status a.s.t its financial aksility' r i f t r posGCC 5 "s ten complete the construction abid installat'on o_ _,ie propose-6, ,• i and to provide a ser-ice ; in connection thcre:,ri th, inf'arinats.on with respect to financial projections, including nature and sources of capital or equity financing, shall, be submitted along with the application. (d) A statement and description, Of tl e s�:aL' �.� z: opased i to be constructed, installed, maintai..nc3 or operated by the i r applicant; the manner in which applicant_ proposes to construct, , { install, maintain and operate the same; and, particularly the i extent and manner in cakticis e:isting or future poles or other r facilities of other public utilities dill be used for such f 1 II syst,'YM. (a) A copy of any arrangement, agreement or contract, I if existing, between the applicant and Duke tlniversity, The r University of North Carolina or any public utility providing for i the use of facilities of such public utility, such as poles, 1 �i lines, cables Or conduits. } (f) A statement setting forth all agree:e€ents and under'- l standings, whether written, oral., or implied, existing between the applicant and uny person, with respect to the ownership, control � � i or transfer of the proposed franchise or the proposed CATIV system C:Q1.C91A;;.E :Tli�r.Z t�•Drc'cert�u� and service. if a franchise: is granted to a person pos .r:--; as a 'I nrronu�xs n'r u,w ' CFi�Y�L H€tL 3:C, f ruLtisn�€co€ict�.*.c. front or as such the representative of another person and ssuch infar- 11mati.on is not disclosed in the original application, franchis� �I � shall be deemed void and of no force and of{ect whatsoever_ (g) A statement or schedule of ,proposed rates and chaF: to subscribers for installation and services. (h) A map showing the fxanchi�3c area and the projecte_m. constructio0 completion date. The map shall clearly delineate any areas which will riot be served, if any. T!-,e application shall detail service extension proposals within thF! ,franchise area. i (it Any additional information r:hicL r e board, at any time, may deem reasonably necessary to dete4mine v:hather the regested franchise should be granted. i i Section V1. Acceptance; indemnification; effective date. (a) Upon consideration of any application, the board shall determine the applicant's qualifications to construct, ; operate, and maintain a CATV system and to provide a CATV service in accordance with the provisions of this ordinance. the board determines that the applicant is not so qual.i.fiEd, it may refuse to grant the requested franchise. If the board determines that the applicant is so qualified, it may, by ordi- nance, grant a .franchise to such applicant, to be effective as provided in this section_ Provided, however, no provision of this ordinance may be deemed or construed as to require the granting of a franchise when the board detarmines F that to do so would not be in the public interest. An_v franchise granted shall include the following condition: j "The CATV system and service herein franchised shall be used and I operated solely and exclusively for the purpose expressly i authorized by ordinance of Orange County and no other purpose € _ c whatsoever. " € (b) Within thirty (30) dabs after, the board has taken final action to approve the granting of a franchise, the grantee DLCFER5ON shall file a written acceptance of the conditions re4ui.red for A",TaRN€Y3 AT LAW ri'AFFL HILL.n.C. s;3LLS=ROUGH,N.c. the franchise, acknowledged before a notary public, with the County Manager. Such acceptance shall acknowledge that the grant. ' i I t I agrees to be bound by and to comply with the provisions of this I I ordinance and the franchises and shall he in such form and consent j as to be satisfactory to and approved ,by the County attorney. � i (c) Concurrently with the filing of the written acceptance, the grantee shall file with the Count, Manager the bona? t letter of credit, and insurance policies required by section XIV hereof. s 1 f (d) The effective date of any fr nchiso grantcd shall be !G date on which the grantee files the acceptance, bond and proofs i of insurance as required herein; provIdA, however, if any of r i the material required to be filed with the ,acceptance or the acceptance itself is defective or fails to meet with �t >praval.f the franchise shall not he effective until such defect is cured, or such approval is obtained. I Section VII. Duration of franchise; termination; Transfer. � I (a) Any franchise granted shall be exclusive or non- exclusive, shall be for a term of up to fifteen. U Y years from L.h� 3 r effective date thereof as specified in section I above,-and shall be renewable for a period of ten (10) years upon terms satisfactod to both the County and the Grantee. 1 { I (b) No tranfer of control of the CATV system shall take s place, whether by forced or voluntary sale, lease, mortgage, assignment, encumbrance or any other form of disposition, with- out prior notice to and approval by the county board which shall not be unreasonably refused. The notice shall include full identifying particulars of the proposed transaction, and the Icounty board shall act by resolution. The board shall have i sixty days within which to approve or disapprove a transfer of 1 control; if no action is taken within sixty days, approval shall j be deemed to have been given. I For the purpose of this sectit,n the term ''control'' is COLEMAN, BZW: NOLX t tx Dizimasos �• ATTORNEYS AT[kV not limited to majority stack ownership, but includes actual ; CHt.PE-iil:.L.N 1 fe'LUDORLA;GKN,C. working Control in whatever manner exercizeS A rebuttable t - presumption that a transfer of control has occurred shall arise i upon the acquisition or accumulation by any person or group of I persons of ?o percent of the voting shares of the company. 4 In the absence of extraordinary circumstances, the Board will nat approve any transfer or assignment of a franchi * uct.i.on of the energ4 ZLrl cabl before completiu.l Of initial construction (c) The board ma!/ terminate: a franchise prior to Ithe date of expiration upon a finding, made after thirty (30) l days' notice of any proposed terminat.iorl and public hearing, I� I that: (l) The grant^o has .Failed. to comply in saute material respect with any provision of this ordinance or has, by any act or omission, violated in some material re:;pect any term or condition of any f,� Ihise or permit issued hereunder: I or (3) The grantee made a material, false statement in the application for a franchise, knowing it to be false; or (3) The grantee, contrary to the best interest of public convenience and welfare, is not providing subscribers with regular', adequate and proper service. i (d) In the event that any part of the CAW system is ! discontinued for any ieason for a continuous period of 355 days or the franchise held by any grantee to construct, operate, or maintain a CATV system is germinated by the board, pursuant to to terms of this ordinance, and all negotiations to settle the differences between the parties have failed (provided, however, j that such negotiations shall not be required) , the board may I advertise and seek another grantee to operate the system. The board, in seeking a new grantee, shall use the same methods and procedures set forth herein as are required to grant the initia' franchise. If a franchise is granted to another person, the terminated grantee may be required to sell the entire CATV I system to the new grantee at a price to be determined by three 3 -$ (3) competent, independent appraisers, one each to be appoifited COLUMAN,BE9-,1g6LZ { L7rc.KERSON by the terminated grantee, the new grantee, and the board. The ,-.TT0BNEY5 AT LAW I Cli•.PEL HILL.::C, 4 ISILLSua.^.OL1GH_NM.. appraisers so appointed shall use the then-best methods of E appraising to determine this value. The cost of the appraisers shall be shared equally by the terminated grantee and the new i ! 4 grantee. The terminated grantee shall execute such deeds, i bills of sale and other documents as may be necessary to e£fectuaQ } this sale. The terminated grantee shall fully cooperate with � these appraisers. The board's decision to terminate shall be subject to appellate review as provided by law. ' 1 If removal of We CATV system from the streets, roads for public places is required by any law, statute of regulation, such removal shall be pex-formed by and at the expense of the terminated grantee. In carrying out this removal, the grantee shall place the streets, roads or public places in the sane condition as before the system was built. If the county or the state is forced to remove the system, the work shall be done at the expense of the terminated grantee. Section VIII. Authority granted by the franchise. i (a) The grantee of any franchise granted pursuant to i I i i the provisions of this ordinance shall, subjc+vt to the conditions i i and restrictions set out in this ordinance: be authorized to con- } struct or Have constructed, operate ard ,maintain a CATV system; land, to engage in the business of providing a CATV service in those p: 1 incorporated areas of orange County defined in the franchise, and c that purpose to erect, install., construct, repair, replace, recons�I i maintain and retain in, over, on, under, upon, across, and along ad'. public street, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments } and other property as may be necessary and appurtenant to the ; CATV system, provided however, that before any pole, wire, or i other thing mentioned above necessary and appurtenant to the i i CATV system may be placed within any street or road, the proper I permission and authority to do so must be obtained by the j _ i grantee from the North Carolina Department of Transportation, or j -9- iother agency of competent jurisdiction; and, to use, _�]LEMAX,BERNUOU i & DicxEikso:s operate and provide similar facilities or properties rented or kTTOWTH AT!1_W CRAM, tscL.N.c. leased from other persons. It shall be unlawful for an F:S:-LSDC3;.QUGH.7Z C. p y telephone, telegraph,telegraph, or power company or any other public utility F i company or person to lease or otherwise make avail.xble to any other person, any poles, lines, fzcilitias, e:guilam)n+t or: other propery for use in conrecrion with t;-le operation of a C?aT system or service, unless such other person holds .a val irl franc-:: granted pursuant to the-provisions c,f this ordiRancs. r (bl) The grantee may initially charge subscriber:i and usars of the CATV system for services up to the^ amounts i specified in its schedule of rates and charges as Pe:opnsed in its franchise application and approved b;{ the board. Such I maximum rates shall be zn effect for a minimum period of two i i years from the effective date of the franchise or until grantee has completed all construction as pronose6 in its franchise application for the first and second years of constructi.an, which- i ever is longer. (b2) The grantee may establish rates for service from time t,o time thereafter by filing with the County Manager a schedule of rates thirty (30) days prior to their irrplementat—n. (b3) Between September 1 and iloe?amber 30 of the � fourth, sixth, eight, tenth and twelfth and ::ourteeneth yeaz's of i the franchise terse, the board shall de termine whether it will assume rate modification authority. If the board declines rate modification authority, then rates may be modified by grantee as specified i.n section VIII (b2) . if the board assumes rate modification authority, then for the next two (2) years rates shall be subject to modification only by the board and only in accordance with the following procedsbre. (i) The grantee may petition the boa::d for a t change in rates by filing a revised rate schedule including the justification(s) for said proposed new schedule. � f (ii) within ten (10) days of notification by �10 ithe board of the place and time established for a hearing on COLEMAN.BnLxHaLZ said petition, the grantee shall notify its subscribers of the &.DICKPRSCN %TTOA,EYSATL,tim. hearing by announcement ors at least one (1) channel of its system, CWNPEL HILL,N,C. H3' scaaauGH-Nr— between the hours of 7:00 and 9:00 P.M. , for five (5) rcns`cutiue days. Additionally, hearings shall be announced in a newspaper fs nF apneral circulation at least five (5) da%jrs 'before the date of 1 � s e s the hearing. Follo..ring all proper notice, but in no event nog i later than ninety (90) days frorm the date of :;aid petition, the board shall hold an appropriate ptablis hearing to consider I� the proposed new rates, at which hearing all parties dcsirin�� , to be heard, including the grantee, shall be: heard an a,-'Y «tatters relating to the pe.fformance A the franchise, the grantee':- services, and the proposed new rates.. f 1 (iii) within ninety (90) days after said hearing, E the board shall render a wr:.ttea decision on the grantee's � I t petition, either accepting, rejecting, or modifying the same and reciting the basis of its decision. E (iv) if tft? board fails to act within 180 days of the grantee's petition pursuant to paragraph (i) above, the grantee shall thereafter be entitled to put its proposed new rates into effect on a provisional basis, provided that it shall I 1 t keep a full and accurate accounting of all income resulting from � 1 said provisional rates and shall be obliged for a period of 180 z i days thereafter to refund the amount by which said provisional i rates exceed the rates ultimately established by the board. Upon request by the board., the grantee shall provide a bond or other t reasonable surety to ensure that possible refunds due under this i subsection shall be promptly made. The band or surety shall be in an amount not to exceed the difference between the amount ofd revenues generated in 180 days at the previously existing rates and the amount of revenues expected to be generated in 180 days at the provisional rates. t (M) The criteria for the board's decision in such matters shall be the establishment of rates which are ''fair and = reasonable" to both the grantee and its subscribers and shall be generally defined as the minimum rates necessary to meet all applicable costs of service, including 'fair return on all �-11- invested capital.., all assuming efficient and economical manage- CuL�rs % .4N.$cR�FSOLZ e�17tc�nsbN meet. TTORNEYS AT LAW i �i C11AVEL WLT NC FiLISHOAOVCH.N.a ON In order far, the board to determine whetEaez' proposed rate changes comport with the criteria esr.ablished in subsection (b4) above, the grantee's petition for a rate � f ! increase shall include the following financ-ial rep«rts, which shall reflect the operations of the Orange Coarity system only, 1. Balance Sheet; 2, income statement; 3. Statement of Sources a.nd. Applicatioizs of Funds; 4, Detailed Supporting Schedules of Expenses, Income, Assets and other items as may bo required; and S. Statement of Current and Frojectec: Subscribers and , Penetration. The grantee's accounting records appli•cah eto its orange County i system. shall be available for :i.nspection by the county at all reasonable tirges. The county shall have access to records of financial transactions for the purpose of verifying b,nLdan rates or other indirect costs prorated to the Orange County opera::i.on_ The documents listed above shall iricludc sufficient detail arid/ or .footnotes as may be neu,2ssary to provide the cor-aty with the information needed tc make accurate determinations as to the financial condition of the system. All financial staterlep_;:s shall be certified as accurate by an officer of grantee. (6) Iny disagreement between the county and the grantee concerning interpretations and calculations of the ' i financial and statistical information provided by the grantee may k be submitted to a court of competent jurisdiction. (c) The grantee shall not engage in the sale, service, repair, rental or leasing of television receivers, radio receivers, parts or accessories and shall not require or attempt to influence its subscribers to deal with any particular person in � regard thereto. (d) Construction and maintenance of the CATV system, I including house connections, shall be in accordance with the provisions of the: 1, National Electrical safety Code or: the lnstitut!� of Electricals C,:?i,_=SF.A:;. BER.NHOLZ & Dxs:F.RSON and Electronic Engineers; and nTTOANEY r1 L+.W LL53 rN1011,N National Electronic Code of the National Fire Protection 3{!LSaOaOC1Gl3.NC. i Association. I section IX. Conditions on use of streets or roads. 1 (a) The poles used for a -Jist.ribUtion systert s1inll be, j ' to the extent possible, those erected and maintainud by either 3 or both. Notwithstanding s a poorer company or a telephone cc>•npan,,', , 1 any other provisio ns of this ordinance, no pales except replacements for existing poles, shall" be erected by or for the � grantee, in any street, without the prior approval of the boaYd; � any Dales, �rixes, cables or other facilities to be constructed or installed within the streets or roads she11 be constructed or installed only at such locations and depths and in such a _ s manner as to comply with all state stattiti?s and rues and regulations of thr North Carolina Department of Transportation, C t or other agency of cont;eterit jurisdiction, and sair? department j ar'.sdic tion must of transportation �r other agency of competent i f I approve such construction and maintenance. All facilities { constructed or installed within street~ or reads stall be so constructed and installed to cause minimum interference with the proper use of said sheets or roads, and minimum interference with the property rights of property owners adjoini..ng said streets) or roads. Said facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of said streets or I roads, and no interference with property rights of owners of property adjoining said street or road. (b) The installation of lines, including service drops 1111 i to subscribers, shall be made underground in areas where either 4 the telephone or power lines, or both, are underground or F. hereafter may be placed underground. The same shall apply to r installation of other .facilities. Also, installation of lines and facilities shall be made underground, and any existing _13_ aboveground facilities shall_ be placed underground when required by rules, regulations and policies of the North Carolina Depart- �:(3LESl�.\. lit'Sit:liO3.2 6 DICS:EiL50N rent of Transportation. I j�TTOit:3YS AT 1.AV; CHA?EL Y.tLL,N.C.. Ic) The grantee shall, at its expense, protect, support, � temporarily disconnect, relocate in the same street or other the ( public place, any property of the grantee when required by I reason of traffic conditions, public safety, ctrec_t closing or abandonment, highway ox street construction, change. or 1 establishment of street grade, installation of ze^nzrs, drains, crater pipes, power lines, signal lines, or any other type of strucIlures or improvements; and the counter or the 'NF:)rt h Carolina Department of Transportation shall not be liable for any disturbance of the grantee's installations resulting therefrom. This section applies to streets or roads as defined herein. I The grantee shall ca;_ry out instructions and directions of the North Carolina Department of Transportation District Engineer *fihenever it is necessary to raise or remove any of the grantee's wires or cables to rrl;,orarily for the purposo of moving or remov:,n:: structures on t%ie pu1;1 is streets or roads of the co nty. The grantee shall do such tree trinurin.g or othez maintenance wark as shall be necessary to maintain its lines and cables and other property in wood working order. All matters mentior_ed herein shall be performed at the grantee's expense. (c;) Whenever a rirante>_e takes up or disturbs any pavement, sidewalk or other improvement of any street or road, j the same shall be replaced and the surface ,restored to as good condition as before entry, all in accordance with standards, F rules and regulations of the North Carolina Department of � Transportation or any subdivision thereof. Any opening or obstruction in the streets shall be guarded and prot.ectad at i all times by the placement of adequate barriers, fences or boardings, the bounds of which shall be clearly designated by warring lights of approved types. { Section X. Construction and installation. I (a) 107ithill thirty (3f)) days after acceptance of any franchise, the grantee shall proceed t.ith due diligence to ob- tain aLl permits and authorization required for constructio,-i, } MAN P�IIOLZ o'C`.EFGox installation of the s fstem and the conduct of the grantee's •.rTc PNEYS AT LAW ' CIWEL PULL,h.0 :MLOORCrOP,NC business, including, but not limited to any utility joint use attachment agreements, licenses and authorizations of any regula- I (b) Within ninety (90) days after obtaintn g all necessary permits, licenses and authorizations, the grantee shat l commence construction and installation of the system in accordance with the terms of the franchise granted- (c) Within one year after co-impancement of construction and installation of the system, the grantee shall begin to render service to subscribers, and completion of the system shall be pursued with reasonable diligence thereafter according to the tert�s of the franchise granted. (d) The franchise shall detail service extension r requirements within the franchise area. At three year intervals E the map shall be reviewed and changes in the service areas shall s be incnrporat�d by agreemeti�L between the Grantee and the Board. � � (i) Before. requesting extension of service into ' previously unserved areas, the Board must take into consideration j ! the state of the art in cable television, the costs of said extension, population density and averages. (ii) The review shall take place at a public meeting ) 4 after public notice of its tame and place. Upon request b-.y the � i z Board for an extension of the system, the grantee trust extend the system or show cause why the system could not be extended to any theretofore excluded area. Should the county and the :i grantee not agree upon extension of service at the conclusion of the review and public hearing, the matter shall be arbitrated as provided in the franchise. (e) The grantee shall negotiate with any citizen or group of citizens within the franchise area desiring service, i a but who are located outside the service area. Should the grantee and citizen fail to reach an agreement upon the coats of serva.ce rto be extended, the Board shall arbitrate. N (f) At the end of each franchise year, the grantee shall file with the county a map showing the location of C C,LENIAN: 13FRNHM Z b UlCia%SON energized trunk actually installed, location of energized trunk ITMI.NEYS AT LAW E CF[AFEL NIL'-I+.C. �uLLSAVnaucx.NC. I proposed to be installed in the next franchise year, the areas being served by CATV service, and the area expected to be served I { within the next franchise year. 1 (g) Failure of the grantee to conmence and diTia:ntiy pursue each of the foregaing reyu,i.r2mazits and the expansion requirements set forth in the franchise granted or failure to i commence rendering service to subscribers within the tire E stipulated in the .franchise after acr_ep Lance of the franchise € I shall be grounds for termination of the franchise, provided, however, the board may extend any of these requirencents in the event the grantee, acting in good .faith, experiences &,, lays clue to circumstances beyond its control. (h) The standard of construction methods and aquipmen4 shall. be that currently accepted in the CP,TV industry. I Section X!, Construction Timetable (Reserved) . E i Section XI_r . Operational requirements. (a) The Urantee shall install and maintain a CATV system which shall be in accordance with the highest and best- accepted standards of the industry, to the end that subscribers shall receive the best possible service, in addition, the t grantee shall comp?,: with all applicable regulations of agencies ; having jurisdiction over the CATV system. j (b) The grantee must obtain individual permits for street openings, must have installation or construction plans approved prior to construction, must secure all necessary permits at its expense, and must pay all fees charged for closing pavement cuts. (c) When any portion of the CATV system is is be 1 i i installed on public utility poles and facilities, a cop_r of all joint use agreements shall ba filed with the county. (d) ie grantee shall maintain a local office for the purpose of handling subscriber complaints and providing, prompt I -1E- maintenance service. ��. ,NEYSATL (e) The grantee shall use its bust efforts to upgrade �:4a�,nexs ar c.,�w .i-NPL%HILL,N.C. :;iL.LSPOIROUCH,N.c. the system after construction to conform the system to advances I Iin the stare of the art in the CATV industry. i i wtv (f) The grantee shall, use the highest standard of i i care to protect the privacy of all subsca:ibors to the CXCV } system, and the system shall be designed, constructed and maintained to that el"C_ I Section XIII. Remuneration to County. { k withip sixty (GO) days after the close of its first � I fiscal year after acceptance of a franchise, and each succeeding fiscal year thereafter during the life of the franchise the grantee shall oav to the county for the privilege of construct- incg, operating and maintaining the CATV system as :defined in 4 section II, and for the prika lege of prow i d;ng the GATV service I as defined in section II during the ensuing fiscal year, a sum equal to three per cent `43`l) of its gross annual receipts during the preceding year. I � Within forty--five (43) days after the expiration of I i the grantee's fiscal year, the grantee shall file %,:L th the i county a financial statement prepared by a certified public i a i accountant, or other person satisfactory to the board, showing ir. j i detail the gross annual receipts, as defined herein, of grantee � during such fiscal year. The payment of this fee is in addition to any ad valorem taxes which the county may levy an the grantee's real or personal property. At any time during the three (3) �j fiscal years following the payment of the annual fee, the county shall have the right to inspect the grantee's records showing i the gross annual receipts from which these payments are computed and the right of audit and recomputation of any and all amounts under this ordinance. Acceptance of payments hereunder shall not be construed as a release or as an accord and sans- 5 1 faction of any claim '"lie county may have for further or i a additional sums payable under this ordinance or for the performanc E -17- of any other obligations hereunder. In the event of ha7ding over ' COLEMA::,BER%,"oLZ Dtcz5fts4N after expiration or other termination of any franchise granted , ATTORNEYS AT LAW f CILVEL.HiLL.N.G. hereunder, without the consent of the county, the grantee shall ;:ILISBOtSOUGIi,N.C. pay to the county reasonable compensation and damages, of not less than one hundred per cent (100%) of its total.. gross Section XIV. Rights reserved to County. j (a) % L,Othing ),C- FSi n shah be deemed or construct to impair a: affect, in any way, to any ra:tent, any right of the Y icor.nty to acquire the property of the grantee, eit her by purchn- li or through the exercise of eminen", domain, (b) The county hereby reserves the right to amend any sLcticn or part of thin ordinance. I� (c) At all reasonable times, the grantee shall permit � any duly authorized representative of the co:ntys s I ' r 13 financial .rec'?rds ' (i) Rio examine any and a maintained by or under the control of the -grantee relating to all revenue obtained by itr,.Erom its operation under the franchise;; (ii.) To inspect and obtain copies of any or all maps or other diagrams maintained by or under the. control of the grantee showing the location and the layout of the various components of the CATV system operated by it under its franchis (iii) To inspect any and all installations oorned, ;aa.n_� t twined, or used by the grantee in its operations under. its � f f franchise including all towers, cables and other components of the..E F grantee's CATV system. (d) The grantee shell .indemnify and wave harrilless the f county, its officers and employees, from and against any and all f I claims, demands, actions, suits, and proceedings by others, and against all liability to others, arising and proceedings by others, and against all liability to others, arising out of the f exercise or enjoyment of its franchise, including but not limited to any liability for damages by reason of or arising o€ ,: of i any failure of the grantee to secure consents from the own-ars, authorized distributors or licenses of programs to be delivered I `by the grantee's CATV system, and against any loss, cos':., expense ' --18-- and damages resulting therefrom, including reasonable attorney's w,i LMSfn:F-.i)'cn\Y.OLZ fees. i , HAPELHIU-, L_ti, (e) Concurrently with the filing of the written ML.!MQRQt}C`H.NC lacceptance as required in section VI, the grantee stall file with the County Manager, and at all times thereafter maintain in F I full force and effect for the term of such permit or any i renewal thereon; i (i) h good and sufficient liability insurance E policy or policies, providing three hundred thousand doll rs ($300,000.00) coverage for personal injuries to each person; five hundred thousand dollars ($500,000.00) coverage for all 's personal injuries in each accident; and three hundred thous_nd ' dollars ($300,000.00) coverage for all property damaga in each accident. The policy or policies shall name the county as an { additional insured and shall be for the purpose of insuring I the county against any and all legal liability, court costs, dais: or demand for personal injury, death or property damage 1 arising out of the operations of the grantee under this ordinance j or its franchise. !� (ii) A good and sufficient insurance policy with i one hundred thousand dollars ($100,000.00) limits of liability for each acci.d nt naming the county as insured and insuring the county against damage to its property arising out of the operat-- i ions of the grantee under this ordinance (f) concurrently with the filing of the written acceptance as requircd in section VI, the grantee shall file i i with the County Manager, a corporate surety bond in a company 1 I authorized to do business in the state of North Carolina ad n I� found acceptable by the County attorney, in the anoint of fifty thousand dollars ($50,000.00) to guarantee the timely construction and full activation of the cable television system. } The bond shall provide, but not be limited to, the following condition: There shall be recoverable by the county, jointly and severally from the principal and surety, I any and all damages, lass or costs suffered by the county resulting from the failure of the grantee to satisfactorily -19- complete and fully activate the cable television system pursuant F Sz.DicI;EFSON NTMrJFY5 AT LAW to the terms of the franchise. CKAPEL HILL.N.C.. HILISSOROUCH,NC. I lAny extension to the prescribed time limit must be authorized 'by the hoard. Stich extension shall ::e authorized 1 on.1v when the boars: finds tt!at such extens.}on is neresi:a.ry and appropriate due to causes beyond the control of th�i: grantee. l The cor._ stru:Lion band shall be tY�,rminated only after the board finds that the co;r:pany has satisfactorily complete.! � and fully activated vactivated thF cable system pursuant to the terms of i the franchise 3`ha rights to the county �,rith re:aaect to the construction bond are in addition to al.l. other rights of the county, whether reserveO by this ordinance or authcri4-od b� law, �3r no action, proceeding of exercise of a right with respect to such i construction bond shall effect any other right the county may nave. (g) Concurrently with the filiTL Y Of t:he written acceptance as required in section 'vi, the grantee shall deposit with the County Manager a letter of credit from a financial Jnstitution in the amount of ten thousanc' dollars '$10,000.00), . i i I The form and content of such letter of credit shall be approved by the County attorney. The letter of credit shall, be used to i f ensure the faithful performance by the grantee of all provisions l I of this ordinance and the franchise and compliance prim all l reasonable orders, permits and directions of any agency of the county having jurisdiction over its acts or defaults under this ordinance or the franchise, and the payment by the grantee of ! env claims, liens and taxes due the county which arise by e { reasoni of the construction, operation or maintenance of the cable television system. The letter of credit shall be maintained i at ten thousand dollars ($do,000,00) during the entiro term of the franchise, even if amounts are withdrawn pursuant to � _20- this section. ,ETTA\, $FRNHDLX b;cEanscx if the grantee fails to pay to the county any ATTGRYHYS AT LAW f cwae: r+.L!.::.c. compensation within the time fixed herein; or, €ails, after tnusaas:oc:c:;.�.c p ten (10) clays notice to pay to the county any taxes due and unpaid; i i i f E or, fails to repay the county within such ten (10) days, any t damages, costs or expenses which the county shall be compelled E k to pay by .reason of any act or default of the grantee in connecti.y� I with this oruindnce, or the franchise; or, fails, after three (3) days notice of such .failure to comply i } with any provision of this ordinance o,• the franchise --ahich the k County Piarnger reTisonably dceternines can be remedied by demand on the letter of credit, the Couiity dianager may lI'ia2diatrly reques payment of the amount thereof, with inLerest and a.ny penalties, f from the letter of credit. upon su, h request for [Ka meat, the County- Manager shall notify ::the grantee of the amount and date thereof. j The rights reserved to the count: with respect � f to the letter of credit are in addition to all other rights of � i the county whether reserved by this ordinance or atIfhorized by law, and no action, proceeding or exercise of a right with i # respect to such letter of credit shall affect any other right the I county may have, (h) The grantee shall pay to the county a sum of money i i I sufficient to reimburse it for all expenses up to $20,000 incurred! `a by it in connection with the granting of a franchise pursuant ' l q to the provisions of this ordinance less all application fees s- collected by the county pursuant to the process .leading to the awaz 3 of the franchise. Such payment shall be made within thirty (30) days after the county furnishes the grantee with a :.ritten state- ment of such expenses. s i I c section TV. Franchise fee (Reserved),I E Section XVI. Procedure for investigation and resolution of j E complaints. r � ( The grantee shall maintain a local business office in 6L DimmRso.14 Orange County, to the end that maintenance service shall be prompt CHAPEL'HILL.M.C. .I!LLSD0ani:G-I'NC available to all subscribers upon request. The grantee and the ( County shall jointly adopt procedures for equitably handling all ( complaints regarding grantees' CATV system. These procedures must II _. I� f Iprovide for notification of Lhe county of each complaint rec:eiv ! in writing by the grantee. These procedures :rust also l,ro°vide for an appeal to a hearing officer to be designated by the Boaa°c if the person complaining is dissatisfied with the resolution of his complaint b_; the grantee,, if the hearing oEficcr's determination of the c omplaint is different from Eiat of I' the grantee, the e)rantce must comply with tY:e determination of i said hearing,' officer. Coi3ies of these prnCodures, as from time to time amended, shall be maintained by the c±unty and the grantee, and shall be available to the public in t,,e office of the cleric to the board and at the business office of the E grantee during normal business houl:s.. Grantee shall, give notice j of the existence and availability of the procedureL to each subscriber at the time of his initial subscription to the CATV sy s tem, Section XVIT. Violations. (a) It .shall bo unlawful for any persort, firm or corporation to make any unauthorized connection, w_Ietl:er physical,. :_ accoustically, inductively or other?:i se, with any hart of a franchised CATV system with-in the county for the purpose of takin6 or receiving television signals, radio signals, pictures, programs, or sound- (b) it shall be unlawful for any person, firm or I corporation to make: any unauthorized connection, cwhether physicals �y electrically, accoustical.ly, inductively or otherwise, with anv part of a franchised cable system -within the county for the li purpose of enabling himself or others to receive any television � signal, Pict€ire, program or sound, without payment to "lie owner # �! of said system, € _22_ (c) It shall be unlawful for an person, without the i 1. vy++ : C��[ifiLZ consent of the owner, to willfully tamper with, remDve or injure .':.fly,`{.1] a DirKERSO.14 � \EYSAT L w I any cables, wires rr ecaipsanr:L used for distribution of I C ULPEL.VLLI.I`.C, im.LssormuoH.H.c television signals, pictures, programs or sound.. i • ry t Section XvIII. Services presently provided. (Reserved) Section XIX. Effective date. ! This ordinance shall become effective upon its 1 adoption. i 3 I I I Ii i f i I f j 1 I } i P i 1 I _23- 1 COLEMAN c'EENHOLL } & Dir-Kr so:, ` =101"N'cy5 AT LAW CRUEL H'LL.NC. ti�tLt586RpC7CH-N.0 ORANGE COUNTY ZONING ORDINANCE t a Orange County Planning Department ZONING ORANGE COUNTY,tle N-C- Ti Article , __._..-- 1 Title and Intent 2 Board of County ComEd,ssioners & Its Administrative Mechanisms 3 Establishment of Zoning Districts & Zoning Map 4 permuted Use Table S Establishment of Dimensional Requirements 5 Application of Dimensional Requirements 7 Planned Developments 8 Special Uses 9 Signs 10 Parking 11 Non-Conformance 12-19 Reserved 20 Amendments 21 Administration & Permits 22 Definitions 23 violations & Penalties 24 Legal Status & Effective Date 25 Index ARTICLE 1. GENERAL PROVISIONS 1.1 Long Title And Authority An ordinance establishing comprehensive development regulations for designated portions of orange County and providing for the administration, enforcement and amendment thereof in accord with the provisions of Chapter 153A, Article 1B; Article 4, Chapter 150A, Article 19; of the North Carolina General Statutes, as amended, and for the repeal of all ordinances in conflict here- with. 1.2 short Title This ordinance may be known and cited as "Orange County Zoning Ordinance." 1.3 Intent a) AAclaration of necessity --- in order to protect and promote the health, safety, general welfare and morals of the County and its residents, this ordinance is adopted by the Orange County Board of Commissioners to regulate and restrict the height, number of stories, and size of buildings and other structures, the ,percent- age of lots that may be occupied, the size of yards, courts, and other open spaces, the density of populations, and land for trade, industry, residence and other purposes, including off-street park- ing, the arrangement of lots, methods of land development and re- lated matters. b1 Purpose, The purpose of the regulations set out in this ordinance shall be to accomplish compatible development of the land within Orange County in a manner which will best promote the health, morals, safety, and general welfare, as well as to provide for efficiency and economy in the process of development; to make adequate pro- visions for traffic; to secure safety from fire, panic, and other hazards; to provide for light and air; to prevent the overcrowding of land; to avoid undue concentration of populations; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to provide for the protection and or the surface and underground water resources of the County, and to provide for efficient use of renewable and non-renewable sources of energy; to promote desirable,living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation and for other purposes in accordance with the comprehensive plan for the County. 1-1 1.4 Applicability The provisions of this ordinance shall apply to the following areas: All portions of Chapel Hill Townshipf Bingham Township, Eno Township, Cheeks Township and Hillsborough Township lying out- side of the exr-raterritorial planning jurisdictions of the Tovn of Chapel, Hill, the Town of Carrhoro, the Town of Hillsborough and the Town of Mebane. 1.5 Farm Exemption The provisions of this ordinance which are adopted under Chapter 153A, Article 16, Part 3 do not apply to bona fide farms, as de- fined in Article 22� 1�z F ARTICLE 2.. THE HOARD OF COUNTY COMMISSIONERS AND ITS ADMINISTRATIVE MECHANISM 2.1 The Board Of Count Co=7'i.ssione1"1 2.1.1 Hoard Of C=mtissioners Res onsibilities The Orange County Hoard of Co=ti ssioners have the following ,responsibilities in relation to this ordinance: a) Hear and decide applications for amendments to the text, schedules and map portions of this ordinance. b) Hear and decide applications for the approval of Special Uses i which are noted in the Schedule of Permitted Uses as requir- ing approval of the Board of Commissioners. c) Establish Rules of Procedure for the conduct of hearings and other proceedings before the Hoard of Commissioners in exerci- sing responsibilities a) and b) above, d) Make the necessary appointments to the Planning Board and Board of Adjustment. e) Provide by appropriation, funds for the administration of this ordinance, 2.1,.2 Procedure On Amendments To This Ordinance Amendments to this ordinance shall be processed in accord with the provisions of Article 20, Amendments and the Rules of Pro- cedure of the Board of Commissioners and the Planning Board, The Board of Commissioners, in exercising this power, are bound by the State enabling legislation, the terms of this ordinance and applicable court decisions in carrying out its legislative function. 2,1.3 Procedure on lication For.Ag2roval Of Special.___Uses The Board of Commissioners, when considering applications for approval of Special Uses, sits in a quasi-judicial capacity and shall he 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 proceedings and shall be bound by the general and specific standards and requirements of the particular Special Use as contained in Article 8. 2.4 w:j 2.2 planning Hoard 2.2.1 Intent The Orange County Board of Commissioners under the authority of Chapter 153A, Article 18, Part 1 of the General Statutes of North Carolina, as amended for the purposes and advantages de- scribed herein intends to create a County Planning Board and embark upon a continuing planning program, including but not limited to the preparation and maintenance of a Comprehensive Plan for Orange County, in protection of the public health, safety, morals, and general Welfare of present and future re- sidents, landowners and visitors. In establishing the Planning.Board and its program, the Board i of Commissioners intends that the Planning Board be guided by the following principals- : The Comprehensive Plan and any ordinances or other measures to effectuate it shall be made kith the general prupOse of guiding and accomplishing a coordinated, and harmonious development of the County which will, in accordance with present and future needs, best promote health, safety, morals, and the general welfare, as well as efficiency in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution Of populations, the promotion Of 9 good civic design, wise. and efficient expenditure of public finds, and adequate provision of public utilities, services, t and other public requirements, and conservation of significant E natural and man-made resources within the County. 2.2.2 Establishment There is established the Orange County Planning Hoard, here- after called "The Hoard", to consist of at least twelve members. Members shall serve without aompenstation, but they may be reimbursed for incidental expenses incurred in connec- tion with official duties. L c 2.,2.3 Qualifications Every member Of the Board shall be a resident of Orange County's Planning Jurisdiction- Each Township within the County shall be represented in the membership of the Board by at least one resi- dent of that Township. i t i t 2-2 f r F1' i a 2,2,4 Tenure The tenure of office shall be three years with the right to be reappointed for a second full term. Appointments shall be made so that approximately one-third of the terms expire each year, Appointments to fill vancies shall be for the unexpired term. 2,2.5 Attendance At Meetin s Any member of the Board who misses more than three consecutive meetings, for more than one quarter of the meetings, in any twelve month period, for something other than an approved absence as determined by the Cahirperson shall lose their status as a member of the Hoard and shall be replaced by the Board of Com- missioners. Absence due to sickness, death of an immediate family member or similar reason shall be considered approved absences and shall not affect the member's status, in the event of long illness or other cause for prolonged absence, the member shall be replaced. 2.2.6 Rules of Procedure The Board shall adopt and adhere to Rules of Procedure for the conduct of its affairs. Among other matters the Rules of Procedure shall provide for the office of Chairperson and Vase Chairperson, whose term of office shall be one year, with eligibility for re-election. A quorum for conduct of business of the Board shall be a majority of the appointed members. The Rules of Procedure shall, require the Board to meet at least once a month and provide for the calling of special meetings as the need of the Board requires, 2.2,7 Meetings All Meetings of the Board shall be open to the public and the Board shall cause notices to be given as required by Chapter 65 of the North Carolina statutes, as amended. 2-3 2.2.8 Meeting Minutes The Board shall cause minutes of its meetings to Ice maintained as a permanent public record. Such minutes shall record the attendance of its members, its findings, recommendations, and a summary of information, data and testimony presented to it. b 2.2.9 Annual Report The Board shall, by January 31, of each year, submit to the Board of County commissioners and Annual. Report of its activities, during the previous year, any recommendations affecting persons, duties, and fiscal matters as it deems appropriate. s 2.2.10 General Powers And Duties As provided for at 153A-321 of the General Statutes of North Carolina, as amended, the Planning Hoard shall, have the following Powers and Duties: a) Make studies of Orange County and surrounding areas; b) Determine objectives to be sought in the development of orange County; c) Propose and adopt plans for achieving these objectives; d) Develop and recommend to the Board of Commissioners policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner; e) Adivse the Board of Commissioners concerning the use and amend- ment of means for carrying out plans; f) Exercise such functions in the administration and enforcement of various means for carrying out plans as may be assigned by this or other ordinances of the County; g) Perform other related duties as may be assigned by this or other ordinances. 2.2.11 S ecific Powers And Duties. in furtherance of sub-section 2.2.10 the Planning Board is authorized and directed to: 1 a) Gather maps and aerial photographs of man-made and natural 2-4 i f physical features of the area, statistics on past trends and present conditions with respect to populations, property values, the economic base of the area, land use, and such other in-, .formation as is important or likely to be important in determining the amount, direction, and kind of development to be expected in Orange County and its various parts as background for its Comprehensive Plan and any ordinances it may prepare. b) Make, cause to be made, or obtain special studies on the location, condition, and adequacy of specific facilities, which may include but are not limited to studies of housing; commercial and indus- trial facilities; parks, playgrounds, and recreational facilities, public and private utilities, traffic, transportation, parking facilities, environmentally critical areas, and important natural resources; all county officials shall, upon request, furnish to the Planning Board such available records or information as it may require in its work; c) The Board or its agents risay in the performance of its official duties, enter upon lands and make examinations or surveys and maintain necessary survey monuments thereonr d) Approve and recommend for adoption by the Board of Commissioners a Comprehensive Plan for the development of the County, as well as amendments hereto; e) Consider for approval, approval with modification or disapproval proposed plats of subdivision as specified in the orange County Subdivision Regulations; f) To make recommendations, upon referal, upon all proposed amend- ments to this ordinance in accord with Article 20. g) Make recommendations to the Board of commissioners and the Board of Adjustment, as appropriate, on applications for approval of Planned vevelopments and special. Uses in accord with Articles 7 and 8; h) Prepare and recommend to the Board of Commissioners new ordinances or amendments to existing ordinances which will have the effect of implementing the Comprehensive Plan; i.) Engage in a program of information dissemination to the public and officials-, j) Cooperate with such advisory councils as may be established by the Board of commissioners; k) Establish advisory committees to assist it in its functions; 1) Perform all necessary actions in support of its duties and powers. 2-5 — h f � 2.2.12 comprehensive Plan, Defined iThe Comprehensive Plan, which includes maps, plats, charts, and descriptive matter, task force reports, official statements which are part of the underlying policy of the County, shall constitute the Board's recommendation of the physical development of that portion of the County under County jurisdiction, and shall be presented to the Board of Commissioners for its acti=n The recommendations shall. address such things as the general location, character, and extent of streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds, and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, the removal, relocstian, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals= the most desirable pattern of land use within the area, including areas for resi- dential uses, for farming and forestry, for manufacturing and i industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed uses. In preparation of these re- commendations the Board shall even be mindful of the overriding need to protect the public interest over the private interest and particularity the conservation of the surface and under- ground water resources of the County, the soils resources and the natural growth resources of the county and to provide for efficient use of renewable and non-renewable sources of energy. 2,2.13 Comprehensive Plan Adoption d f The Hoard of Commissioners upon receipt of a recommended com- prehensive Plan and portions thereof from the Planning Board shall consider such recommendations and adopt them by resolu- tion, either unchanged or with modifications. Prior to adoption of the Comprehensive Plan, the Board of Commissioners shall hold a public hearing thereon. Notice of ' the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in Orange County, stating the time and place of such hearing, and the substance of the proposed plan. This notice shall appear in said newspaper for two successive weeks with the first notice c appearing not less than fifteen days nor more than twenty- five days before the date set for the public hearing. 2.2.14 Amendment Of Adopted Compreh ensive Plan Proposed amendments to the adopted Comprehensive Plan, if not i initiated by the Planning Board, shall be referred to it by 2--5 i 1 r the Board of commissioners for recommendation. The Planning Board shall have sixty days from the date of referral in which to make such recommendation. Failure to make a recommendation within the sixty day period shall be considered approval of the proposed amendment by the Planning Board. Adoption of all amendments to the adopted Comprehensive Plan shall be made only after a public hearing with notice as specified in 2.2.13. 2.2.15 Planning Department To Act As Staff To Plannin Hoard The Director of Planning, under the direction of the County Manager, shall provide staff service of the Planning Depart- ment to assist the Planning Board in carrying out its duties- 2-7 i 2.3 Board of Adjustment 2.3.1 Board Of Adjustment, Establishment of 2.3.,1.1 A Board of Adjustment is hereby established. it shall consist Of five members, and two alternates, thearegular members shall be re- sidents of Orange County. a member of the Orange County Planning Sward, ex officio, who shall have full rights, privileges and responsibilities, 2.3.1.2 The members shall be appointed by the Board of commissioners for terms of three years, and until their respective successors have been appointed and rIalified; provided that the terms of the original members may be staggered so that all terms may not expire simultaneously- Fach appointment to fill a vacancy shall be for the unexpired term. 2.3.1.3 A member may be appointed for a second successive term, but after two consecutive terms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of completion of the second term. 2.3.1.4 Members shall serve without compensation, but shall )ie 3 reimbursed for direct expenses incurred in connection with the discharge of their duties, 4 2.3.1.5 Alternate members may vote only in the absence .of regular members. 2.3.2 Powers 0f.Board } The Board of Adjustment shall have the following powers: a} Hear, review, and decide appeals from and review any order, requirement, decision, determination made by the Zoning officer in the performance of Official duties. b) Hear and decide applications for the approval of those Special. Uses requiring Board of Adjustment approval, in accordance E with the rules and conditions laid down in this ordinance. c} clear and decide appeals for variances from the dimensional regulations of this ordinance in accordance with Subsection 2.3.5. Nothing in this ordinance shall be construed to au- thorize the Hoard of Adjustment to permit a use in a district - where that use is neither a Permitted Use nor a Special Use. S j 2-B i 1 I d) Pass upon, decide or determine such other mattexs as may be required by this ordinance. 2.3.3 Board of Adjustment Administration 2.3.3,1 The Board shall adopt Rules of Procedures and regulations for the conduct of its affairs. 2.3,3.2 All meetings of the Board shall be open to the public. 2.3.3.3 The Board shall keep a record Of its meetings, including he vote of each member on every qu estionof the evidence submitted to it; documents submitted to it and all official actions. 2.3.3.4 The Board shall give notice of matters coming before it by causing public notation to be placed in a newspaper of general circulation in the County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than fifteen days prior to the meeting date. 2,3.3.5 The person acting as Chair of the Board is authorized to administer oaths to any witnesses in any matter coming before the Board. 2.3.3.6 Applications for Special Use approvals, applications for variances and appeals for review of decisions of the Zoning officer shall be filed with the Zoning officer as agent for the Board. Applications and appeals shall be submitted on forms provided by the Zoning officer. 2.3.3.7 it shall be the responsibility of the Zoning officer to notify the parties to the application or appeal of the disposition which the Board made of the matter. This notice shall be made by registered or certified mail within five working days simultaneously of the Board s actions. The Zoning oficer keep on file a copy of the Hoard's action. 2,3.3.8 it shall be the responsibility of the Zoning officer to issue permits in accord with the Board's action on an appeal or ap- plication, if a permit is authorized by the Board's actions. 2-9 2.3.3.9 The zoning Officer shall see to the faithful execution of all portions of the Board's actions, including the enforcement of all conditions which may have been attached to the granting of a variance or approval of a Special use. 2.3.4 Quorum and vote Required y 2.3.4.1 A quorum of the Board, necessary to conduct any business of the Board shall consist of four members. 2.3.4.2 The concurring vote of four of the members of the Board shall be necessary in order: a) To reverse any order, requirement, decision or determination of any administrative offi&ial 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 its this ordinance. d) A simple majority of those present shall be necessary to conduct routine business of the Board and to deny applications and appeals. 2-10 i I i 2.3.5 Application of the Variance Power 2.3.5.1 A variance may be allowed only by the Board of Adjustment in cases involving practical difficulties or unnecessary hard- ships caused by unusual size, shape, topography of the lot unusual soils conditions, when substantial evidence in the official record of the application supports all the following findings. a) That the alleged hardships or practical difficulties are unique and singular as regards to the property of the person requesting the variance and are not those suffered in common with other property similarly located. b) That the alleged hardships and practical difficulties, which will result from failure to grant the variance, extend to the inability to use the land in question for any-use in conformity with the provision of this ordinance and include substantially more than mere inconvenience and inability to attain a higher financial return. The alleged hardships cannot have resulted from the action or inaction of the applicant. c) That the variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance. d) That the variance is in harmony with and serves the general intent and purpose of this ordinance and the adopted Compre- hensive Plan. e) That allowing the variance will result in substantial justice being done, considering both the public benefits intended to be secured by this ordinance and the individual hardships that will be suffered by a failure of the Hoard to'grant a variance. 2.3.5.2 All of these findings of fact shall be made in the indicated order by the Board of 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 substantial evidence in the record of proceedings before the Board. 2.3.5.3 The Board may impose reasonable conditions upon the granting of any variance to insure that the public health, safety, and general welfare shall be protected end substantial justice done, 2-11 �i 2.3.5.4 Nothing in this section shall be construed to authorize the Board to permit a use in a district where that use is neither a Permitted Use nor a Special Ilse. 2.3.6 Application of Spacial Use Power 2.3.6.1 Before any"application for a Special Use shall be approved, the Board shall make 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 health, safety and general welfare, if located where proposed and developed and op_rated according to the plan as submitted; b) The use, which is l.iste'dras a Special. Use in the district in which it is proposed to be located, complies with all required regulations and standards, including the provisions of Article 5 and 6 of this ordinance, unless greater or different regula- tions are contai.ned.i.n the individual standards for the specific Special Use; c) That the use will maintain or enhance the value of contiguous Property, or that the use is a public necessity; d) That the use is in compliance with the general plans for the physical development of the County as embodied in these reg- ulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. 2.3.6.2 The Board may impose reasonable conditions upon the installation and operation of any Special. Use to insure that the public health, safety and general welfare shall be protected and substantial justice done. 2.3.7 Application of Interpretation Power 2.3.7.1 An appeal from an order, requirement, decision or determina- tion of the Zoning officer shall be decided by the Beard, ( based upon its findings of fact and to achieve the intent of the i ordinance. in exercising this power, the Board shall act in a prudent manner so that the purposes of the ordinance shall be served. The effect of the decision shall not be to vary the terms of the ordinance nor add to the list of Permitted Uses i in the districts. f 2.12 `i { i 1 2.3.7.2 "An appeal for an interpretation of a decision, determination or directive of the Zoning officer must be filed within fourteen days after the decision, determination or directive was made by the Zoning Officer and record of that action filed in the office of the Zoning Officer", 2.3.8 Appeal Stays Further Proceedings An appeal to the Board of Adjustment from a decision or deter- mination of the Zoning officer stays all proceedings in further- ance of the decision or determination appealed from, except as provided in 2.3.9. 2.3.9 Exceptions to Stay of Action 2.3.9.1 An appeal to the Board cif Adjustment of a determination or decision of the Zoning .officer shall not stay further pro- ceedings in furtherance of the decision or determination appealed from, if the Zoning bfficei certifies either: a7 That in the opinion of the Zoning Officer a stay would cause imminent peril to life and/or property. b} That the situation appealed from is transitory in nature and, therefore an appeal would seriously interfere with enforce- ment of the ordinance. 2.3.9.2 la each instance, the Zoning officer shall place in the certificate facts to support the conclusion. 2.3.10 Appeals of Board of Adjustment Actions Every decision of the Board shall be subject to review at the instance of any aggrieved party by the Superior Cou_r"t by pro- ceedings in the nature of certiorari. The appeal to Superior Court must be filed within, thirty days of the filing by the Secretary of the Board of the decision in the office of the Zoning office or the delivery by the Zoning officer of the notice required in 2.3.3.7, whichever is later. 2-13 i i t ri i 2,4 Plarulin De ent 2.4.1 Duties and Res nsibilities The Planning Department, an administrative department of the appointed County government headed by the Planning Director, who is by the County Manager, has the following responsibilities in re- lation to this ordinance: a) The administration and enforcement of the ordinaince. b) The issuance of any required permits and certificates as authorized by this ordinance. C) Administrative, technical and professional support to the Board of County Commissioners, Planning Board, Board of Adjustment and any advisory committee set up hereunder. .l) The preparation of written staff reports and recommendations on all proposed amendments to this ordinance, application approval of Special Uses, applications for all Planned Develop- ments, applications for approval of plats, applications for variances and appeals from orders, decisions, determinations and 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 CarO3-ina and of the united States. f) The maintenance of data, maps, and other information necessary to the discharge of its responsibilities» g) Provide appropriate services to encourage the participation of citizens of Change County in the discharge of its responsibilities. h) perform such other duties as may be directed by the Board of County Commissioners, 2.4.2 Technical Adviso Commtittee Established There is hereby established a Technical Advisory Committee to assist the Planning Department in the execution of its functions. it may consist of representatives from: a) orange County Planning Department b) orange County Health Department C) N.C. DOT Distxict d) Town of Chapel Hill 2-14 f `. J a e) Town of Carrboro f) Town of Hillsborough g) OWASA and orange-Allamance Water District h) Emergency Services 3) Soil Conservation Services This committee shall meet at the request Of the orange County Director of Planning to render to him technical advice and recommendations related to this ordinance and its operation. Such advice and recommendations shall, be used by the Director of Planning in discharge of his responsibilities under this ordinance. 2-15 - s � ARTICLE 3. ESTABLISHMENT OF ZONING DISTRICTS AND MAP 3.1 Division Into Zonin Districts The Orange County Zoning jurisdiction shall be and hereby is, divided into zoning Districts as enumerated in Article 4, the Schedule of pemitted uses and Article 5, the Schedule of 'Dimen- sional Requirements. 3.2 Zonilnq District Boundaries Shown On Official Zonin Istlas The boundaries of said Zoning Districts are hereby established as shown on the Official Zoning Atlas which accompanies this Ord- inance and which, with all notations, references, and other information shown thereon, shall be as much a part Of this ordinance as if fully described herein. Mips:and descriptions accompanying enacted amendments shall be displayed by the planning Department adjacent to the Official Zoning Atlas until such time as the official, copy is corrected. 3.3 official Zonin Atlas And Authentication The Official Zoning Atlas shall be authenticated by the Clerk to the Board of County Commissioners and kept on file in the Planning Department. 3.4 Copies of Zonin Atlas, Status copies of the official zoning Map Atlas, or portions thereof, may be made from time to time. These copies are informational only; the Official Zoning Atlas is the final and sole authority as to the zoning status of land within the zoning jurisdiction of Orange County. 3.5 Maintenance Res nsibilit f The Zoning Officer shall be responsible for entering amendments to the official Zoning Atlas, Such entries shall be made within three working days of the date of passage of such amendments. 3.6 Authentication; Record Of Nature And Date Of Amendments The Zoning Officer shall authenticate the entry of each amendment to the Official Zoning Atlas and shall maintain a record of the nature and date of entry of each amendment.. 3-1 I i f , 3.7 Unauthroized Changes Prohibited Changes to the official Zoning Atlas, other than those authorized by duly approved amendments to this ordinance, shall not be made. The making of unaut:`,nrized changes to the official Zoning Atlas shall be considered a violation of this ordinance 3.8 Effective Date Of Amendments Amendments to the zoning ordinance which result in the change in classification of any piece of land shall become effective within five days of enactment by the Board of County Commissioners. The Hoard of County Commissioners, upon a finding of due cause, may reduce or extend the effective date of any such amendments. 3.9 official Zonin Atlas E lacement When all or part of the Official Zoning Atlas becomes damaged, lost, destroyed, worn or hard to interpret by reason of its age, condition, number of changes or otherwise, replacement may be authorized by resolution of the Board of Commissioners This new edition of the official Zoning Atlas may not change the zoning status of any pro- perty. such replacements shall be authenticated by the Clerk of the Board of County Commissioners and shall bear the date and number of authorizing resolution. 3.3.8 lntEEKStatian Of bistri.ct Boundaries When there is any uncertainty as to the intended location of any zoning district boundary on the Zoning Atlas, the Zoning Officer shall make an interpretation of said Atlas upon request of any m person. Any person aggrieved by any such interpretation may app eal such interpretation to the Board of Adjustment. The Zoning officer and the Board of Adjustment, in interpreting the Zoning Atlas or deciding any appeal, shall apply the following standards: a) Boundaries indicated as approximately following the centerlines of streets; highways or alleys shall be construed as following such centerlines; b) Boundaries indicated as approximately following lot lines shall be construed as following such lot lines; c) Boundaries indicated as approximately following City Limits shall be construed as following such City Limits; d) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks; i i Y 3-2 i I i y j-. e) Boundaries indicated as following shorelines shall be construed to follow such shorelines; in the event of change in the shore- line, the boundary shall be construed as moving with the actual shorelines; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed as following such centerlines; bound- aries shown as approximately following designated flood hazard area limits shall be construed as following such limits, f) Boundaries indicated as parallel to or extensions of features indicated in Subsections A through E above shall be so construed. Distances not specifically indicated on the Zoning Atlas shall be determined by reference to the scale of the Atlas. g) where physical or cultural features existing on the around are at variance with those shown on the Zoning Atlas, or in other cir- cumstances not covered by Subsections A through F above, the Board of Adjustment shall interpret the district boundaries. 3.11 Required Conformance To District Re lati.ons Except as otherwise provided in this ordinance, no structure of ,land shall hereafter be used or occupied, and no structure, or part thereof, shall be altered, moved, erected, or built- except in conformity with the regulations herein specified for the Zo- ning District in which the structure or land is located, 3,12 Prohibited Uses Uses of land or structures which are not expressly listed in the Permitted Ilse Table, Article 4, as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are pro- hibited uses and shall not be established within that district. 3 3 3-3 i I i I s r . ARTICLE 4. ESTABLISMENT OF pERMITTED USE TABLE AND SCHEDULES 4. Establishment Of Permitted Use Table 4.1 Establishment Of Use -Regulations Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Schedule of Permitted Uses. Uses not expressly permitted are prohibited. Uses requiring special. permits must meet certain conditions specified in this ordinance. only after the existence of these specified conditions has been determined by the Board of Adjustment, or the Board of commissioners, as appropriate, will a special permit be issued; otherwise such uses are prohibited uses. Regulations governing the use of land and structures within a Planned Development district are as established in Article 7. 4.2 District Statements Of Intent And A location Criteria 4.2.1 Agricultural Residential (AR) District a) Intent The purpose of the Agricultural Residential (AR) District is to assist in the preservation of land suitable, as a result of location, existing farming operations, soils and topography, for agricultural, silvicultural or horticultural uses and to protect such uses from the adverse effects of incompatible land uses. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Designated by the adopted band Use Plan as Agricultural Residential. 2. Urban services, including water distribution and sewage collection mains are not likely within 10.20 years. 4-1 If 4.2.2 Rural Residential (R-1) District a) Intent The purpose of the Rural Residential (R-1) District is to provide locations for rural non-farm residential develop- ment, at very low intensities, in areas where the short and long-term solutions to domestic water supply and sewage disposal shall be individual wells and ground absorption system„ b) Application Criteria This district will. usually be applied where the following Conditions exist. 1. Designated by the adopted Land Use Plan as Rural Residential 2. Urban services, including water distribution and sewage collection mains are not likely within 10-20 years. 4.2.3 Low And Medium Intensity Residential (R-2, R-3) Districts a) intent The purpose of the low and medium Intensity Residential (R-2, R-3) Districts is to provide locations for low and moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. b) Application Criteria This district will usually be applied where the following conditions exist- 1. Designated by the adopted land Use Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Residential development would be in a Land Use Intensity range of 24-30 3. Water and sewer lines should exist at site or be assured of installation as part of the development process. 4. Vehicular access must consist of direct access to a street classified as either arterial or collector. 4-2 i a ' I 3 i 4.2.4 High_Intensi Residential (R-.4, R-5, R-B, R-13) Districts a) Intent The purpose of the High Intensity Residential (R-4, R-5, R-B, R-13) Districts is to ,provide locations for high intensity residential development and supporting recreational, community service, educational uses in areas where, the full range urban services are available. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Designated by the adopted Land Use Plan as a Transition Area which can reasonably be annexed by a municipality in the ensuing 10-20 year's» 1. Residential development would in a Land use Intensity Range of 33-50 3. Water and sewer lines should.exist at site or be assured of installation as part of the development process. 4. Vehicular access must consist of direct access to a street classified either arterial or collector. 4.2.5 RESERVED 4.2,5 RESERVED 4.2.7 RESERVED t 4-3 s 4.2.8 Local Commercial-I (LC-1) District a) Intent The purpose of the Local Commercial-I (LC-1) District is to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural/local level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the use„ b) Application Criteria This district will usually be applied where the following conditions exist: 1. Located within the Carrboro joint planning area, designated as either a Commercial Transistion activity node, a Rural Community node or a Rural Neighborhood node. 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. 3. Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. 4. Normally, the maximum amount of land zoned LCltit any node shall not exceed nine acres, but a lower standard shall apply in rural areas where population density is lower and distributed more widely than in the Transition area. 5. All sites designated LC-1 shall have direct access to a street classified either as an arterial or collector. 4.2.9 Neighborhood commercial-11 (NC-2) District a) Intent The purpose of the Neighborhood Commercial-II (NC-2) District is to provide appropriately Located and sized sites for limited commercial uses designed to serve a population at the neighbor- hood and rural/local level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the lest boundaries of the use. b) Application Criteria This district will usually be applied where the following conditions exist- 4-4 1. Located within areas designated by the adopted Land Use Plan as either a Commercial Activity node or Rural Neighborhood or Rural Community Activity node. 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. 3. Lot size for .individual uses shall be appropriate to the method of water supply and sewage disposal. Normally, the maximum amount of land zoned NC-2 at any node shall not exceed nine acres, but a lower standard shall apply in rural areas where population density is lower and distributed more widely than in the Transition areas. S. pll sites designated NC--2 shall have direct access to a street classified either as an arterial or collector. 4.2.1.0 Community Commercial-III (CC-3) District a) Intent The purpose of the Community Commercial-111 (CC-3) District is to provide suitably located and sized sites for commercial., office, and service uses including limited automotive, convenience, durable goods, and other similar uses. Performance Standards will be used to insure the absence of adverse impacts beyond the zoning district boundaries of the ure, b) Application Criteria This district will usually be applied where the following conditions exist: 1� To be applied to existing community commercial type developments on sites that are within areas designated by the adopted Land Use Plan as commercial activity nodes. 2. New developments of a similar nature should be controlled by the appropriate Planned Development designation in the Chapel. Hill aoint Planning Transition area. 3. Uses would serve a market area population extending to major segments of the county and itsgmunicipalities. 4. Generally, for property designated Transistion in the adopted Land Use plan urban servcies such as water supply and sewerage would exist or be made available as part of the development process. For property located in the Efland-Mebane Transition area and all other property in the Rural areas, the water supply and sewage disposal shall be appropriate to the uses proposed and the site conditions. 4-s S. Lot size for individual uses would be appropriate to the method of water supply and sewage disposal. 6. 14ormally, the maximum amount of land zoned CC3-at any node shall not exceed twenty nine acres, but a lower standard shall apply in rural areas where population density is lower and distributed more widely than in the Transition Areas. 7. All property to be designated for new development under this classification shall have direct access to arterial streets. 4.2.1.1 General Commercial-IV (GC-4) District a) Intent The purpose of the General Commercial-IV (GC-4) District is to provide a district to be used only during the application of zoning to previously unzoried townships to accommodate existing commercial uses not located in areas designated as nodes by the adopted Land Use Plan to accommodate commercial development. This district will also be'applied in Cheeks Township and Eno and Hillsborough Townships in areas designated as Commercial or Industrial Activity nodes in the adopted Land Use Plan. Performance standards will be used to insure the absence of adverse impacts beyond the zoning district boundary, b) Application Criteria This district will usually be applied where the following conditions exist: 1. Existing land use (at the time of application of the zoning ordinance to previously unzoned townships) shall be within Cheeks, Hillsborough or Eno Townships designated as either Commercial or Industrial Activity nodes by the adopted Land Use Plan. 2. Water and sewer mains should exist at the site or be made available as part of the development process or the lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. 4..2.12 RESERVED 4.2.13 RESERVED 4.,2.14 RESERVED 4.2.15 RESERVED 4-6 I 4.2.16 office/Institutional (—I) District a) Intent The purpose of the Office/Institutional (0/1) District is to provide locations for medium intensity office and institutional land uses and to function as a buffer between conflicting land use situations. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Site is located in areas designated by the adopted Land Use Plan as Transition commercial. or Industrial Activity nodes. 2. site would provide a buffer' or step down in intensity of land use from a commercial use in a Neighborhood or Community Activity node. 3. Generally, these areas should have t-rater and sewer mains exist- ing at site or made available during development process. 4. Normally, the maximum amount of land zoned to this O/I classifipation shall not exceed five acres. 5. Vehicular access must consist of direct access to a street classified either arterial or collector. 4.2.17 RESERVED 4.2.18 RESERVED 4.2.19 Economic Develo ent (ED) District a) Intent The purpose of the Economic Development (ED) District is to provide locations for a wide range of low intensity industrial, institutional., office and research uses with no adverse impacts beyond the space occupied by the use. The Economic Development District shall always be designated in close association with the Federal Interstate Highway System_ b) Application Criteria This district will usually be applied where the following conditions exist: 1. Site is located adjacent to a Federal Interstate Highway and within one mile of an interchange of the system. 2. Lot size shall range from ten acres to a mmaxim M of forty- five acres. 4-7 3. use would generate little or no customer or client vehicular traffic. 4. All operations, other than loading and unloading, would be conducted entirely within a fully enclosed building or buildings s S. Urban services, such as water and sewer mains are desirable but not required, if acceptable alternatives are available. 4.2.20 Light Tnduatrial-I (2-l) District a) Intent £ The intent of the Light Industrial-I (1-1) District is to provide appropriately located and sized sites for limited industrial uses engaged in manufacturing, processing, creating and assembling of goods, merchandise or equipment, Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the use.. b) Application criteria This district will usually be applied where the following conditions exist: 1. The site is located outside of the Chapel Hill Joint Planning i area and within an Industrial Transition Activity node or a Rural industrial Activity node. 2. Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. I 3. Access would consist of direct vehicular access to streets designated either arterial or collector. Access to rail service is desireable but not required. 4.2.21 Medium Industrial-11 (1-2) District a) Intent t The intent of the Medium Industrial-11 (1-2) District is to provide locations for enterprises engaged in manufacturing, processing, creating, repairing, renovating, painting, cleaning, x and assembling of goods, merchandise or equipment. Performance e standards will be used to insure the absence of adverse impacts beyond the lot boundaries of the use. b) Application Criteria This district will usually be applied where the following conditions exist: i 4--6 t h f i t r.. 1. Site is located outside of the Chapel Hill joint Planning area and within areas designated by the adopted sand Use Plan as industrial Transition Activity nodes. 2. May be located adjacent to residentially zoned land, as long as effects on such land are minimal. 3. water and sewer lines should exist at the site or be made available as part of the development process. 4. Access would consist of direct vehicular access to streets designated either arterial or collector. 4.2.22 Heav y1ndustrial:III (I-3) District a) intent The purpose of the Heavy Industrial-III (I-3) District is to provide locations for enterprises engaged in a broad range of manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise or equipment. Performance standards will be used to insure the absences of adverse impacts beyond the zoning district boundary. b) Application Critreia This district will usually be applied where the following conditions exists: 1. Site is located outside the Chapel Hill joint Planning area, but within areas designated by the adopted Land Use Plan as Industrial Transition Acttvity node. 2.. No adjacent land is residentially zoned. 3. water and sewer mains exist at the site or be made available as part of the development process. 4. Access would consist of direct vehicular access to a street classified as either arterial or collector. Access to rail service is desirable but not required. 4.2.23 A icultural Service (A5) District 4 a) Intent The purpose of the Agricultural Service (AS) District is to provide sites in the rural portion of the county for rural non-farm, non-residential uses which support the horticultural, sylvicultural, and agricultural uses of the R-1 and AR districts. 4-9 b) Application Criteria This district will usually be applied where the fallowing conditions exist: 1. Site is within areas designated by the adopted Land Use Plan as Rural Residential or Agriculture Residential_ 2. Lot size for individual uses would be appropriate to the method of water supply and sewage disposal. 3. Normally, the maximum amount of land zoned AS at any location shall not exceed ten acres. 9.2.24 Public Interest (PID) District a) Intent The purpose of the Public Interest (PID) District is to preserve and protect'certain public and private educational lands, deemed environmentally sensitive and of major scientific research significance from the impacts of development. b) Application Criteria This district will be applied to the fallowing: 1. All Duke Forest lands, the Eno State Park, all University of Borth Carolina lands, and all other public or private lands deemed to be environmentally sensitive and of major scientific or research significance. 4--101 f i 4-3 rE MI2TED USE TABLE •=PERMITTm USE A-Class A Special Une (Article 8) B-class B special Use (Article 8) AR R1 R2 R3 R4 R5 R8 Rl3 ICI I= CC3 GC4 OI 11 22 13 AS £A PID RP Bl Day Warsery Z . Private Kindergarten H B B,•,B 'B B B B • • r r HZ Dwelling; Single Fancily • •� � • • . ► ► x r + H3 Dwelling: Two Family " ':• • '� • • '• ► • x B4 Dwellingi Multiple w a w Family • • • + w • • x HS Rwellingr Mobile Home ' • • + a w • p H6 Family Care Facility B B B S B B B B B B B H B i KI Group Care Facility H B B B B B B B B B B B B M w H8 Hotels s Makals � .IN H9 Residential Hotel (Fraternities, ' Sororities s Dormitories) A A A A A n HID Raoating House • + • * • "©" to y Hll Tourist theme Accessory Uses ► • • • • • * • • r • • • • w w Such As: off Street Parking Home occupations Greenhouses f ' a i Y AR Rt R2 R3 R4 RS RB R13 LG1 NC2 CC3 =4 of 71 12 13 AS FD Pllri PP 141 Manufacturing Processing Operations Where No Adverse Impacts occur Beyond The I=ediate Space . . e � occupied By The Ilse, M2 Manufacturing & Processing Operations Where No Adverse Impacts Occur Beyond The Boundaries Of The Lot S m M3 Manufacturing & Processing Operations Where No Adverse lzpacts = occur Beyond Tne Zoning District Boundaries z R is N N n - 4-12 t { I 9 AR Rl R2 R3 R4 RS RB R13 ICI HC2 CC3 GC4 OI 21 12 I3 AS tM PID RP pl Airport, General Aviation A A P2 Botanical Gardens • r r w a • • a r a + • • • • i t & Aboretums P3 Buildingsf Portable B B B B B B B B B B B B P4 Bus Passenger Shelters • r r a • a • r • w a s r + r a s r a + a a + PS Bus Terminals G Garages P6 Cemetery • B B B B B $ B P7 Church w o a r • r r r r • r a • • • a + s pe Community Center vt PS Extraction of Earth A A R A A A A A A A A A A A products s a Plo Governmental Protective services (Police G Fire a • a • a • • w a r r a r a a stations) _. c Pll land Fills 12 Acres A A A A A A A or Morel A A A A A z c� pl2 land Fills (IMSS H B ,B B B B L B B B B B B a Than 2 acres) uy P13 Military Installations (National Guard G + ♦ + Reserve Armory) P14 Parks, Public & Hon^ ♦ ♦ a a r • • • r • a • + Profit PIS parking As Principle Use, surface Or ♦ • w Structure p16 public otility rotations & substations, Pumping stations, Switching Stations, Telephone Exchanges A A R A A A A A A A A A A R A A A A 4-13 ' AR R1 R2 R3 R4 Rr R3 R13 LC1 NC2 CC3 GC4 OT 11 12 13 AS EO PTO RP P17 Radio G Television Transmitting S Receiving Towers, Slater Treatment S Sanitary Sewage 'treatment Plants i Elevated Hater Storage Tanks B S S B B B B B B B B B B B 3 B w { a pie Research bands 6 installations, • V}n Nan-Profit t7� w, P19 Schools: cx'i Elementary. Middle ' v 8 secondary " • ♦ " • " • t P20 schools- - Vocational P21 Schools: Dance, . a Art S music h) P22 Transmission Lines B B 3 B B 3 B B B 3 B B P23 Universities, Colleges G * w Institutes i IF 4-14 i i Y "'M R2 R3 R4 RS Re R13 L,cl NC2 CC3 GC4 oI Il I2 13 AS EH PID RP 51 Adult U30S A 52 Agricultural Service Uses 53 Anival ROspitalsr w • ♦ • Veterinarians S4 Assembly Facility • • Less Than 300 i 55 Assembly Facility ♦ r Greater Than 300 55 Banks c Financial w * w • Institutions 57 Beauty B %ardor Shops V2 m 58 clubs or Lodges, m Social A Fraternal w • w w w x or Union Lodges '" m S9 Drive In Theatres � Slo Farm Equipment s Sales b 511 Feed, seed, Storage s w w Processing a • e, 512 Funeral tames 'g S13 Greenhouses (NO on w . • preo.taas sales) S14 Greenhouses (on Preaisas Sales) 515 Health services: Under w w 10,000 SQ.FT. S15 Health Services: over w 10,000 Sg.FT. s17 Hospitals SIB Industrial Agriculture • (Faeder operation) B B B SIg aunkyards 4-15 AR RI R2 P3 R4 R5 RS R13 LCl NC2 CC3 GC4 0I 11 12 13 AS £D PIO RP R R H S20 Kennels B B S21 Laundry S orY • r + Cleaning Services S22 libraries 523 Motor Freight Terminals 524 Motor Vehicle Maintcnance + S Repair (Body Shop) S25 Motor Vehicle Sales + Rental (New 6 Used) S26 Motor Vehicle Service + w + stations 927 Nightclubs, Bars, Pubs c i 528 offices & Personal M services, That Attract rev Customers Or Clients K lon Premises Other Than n Employees, Generate low N Traffic Volumes, Have No 0 2 -._ Adverse Impacts Beyond z :i The Space Occupied BY • + + • + • • + cl The Use 529 offices s Personal 1 services That Generate Hediun Traffic Vali.aaes 6 I Have No Adverse Impacts Beyond The • • + + Lot Boundaries 530 offices & Personal Services That Generate Nigh Traffic Volumes s Have NO Adverse Impacts C Beyond The Zoning + + r District Boundary • 531 Petroleum Products: + . • r Storage c Distribution c f + r 532 Postal 6 Pazeel Delivery Services 533 Printing s LithngraphY t i 4-16 f f AR R1 R2 R3 R4 RS RS R13 Lcl NC2 =3 GC4 OI I1 12 13 AS ED PID RP 934 Recreational Facilities Wan-Profit): B B B B 8 a B B B B B B B B B a a ;tiinimum Area Required 3 Acres) Non,-Profit outdoor And/Or Indoor Recreational Facilities Such As Swimming Pools, Tennis Courts, Racquet- Ball courts, Basketball courts. NO structure Shall Be Closer Than 1001 To A Public Right of Hay or Property Line. No Adverse Impacts Shall Extend Beyond The Immediate Area Occupied By The Use. 535 Recreational Facilities N (Profit/Non-Profit): • ° • ' • • • ' • " • • • • r f m M Frnfit or Non-Profited 100 Acres) Outdoor Recreational Facilities Such An Athletic Fields, Calf Courses, A Country Clubs. (No structure Shall Be Closer Than 100' To A Public Right 2 of Hay or Property Line. No Adverse Impacts Shall Extend Beyond The Lot .fix Boundaries) H 535 Recreational Facilities • f r (Profit): (Minimum Axes Required 2 Acres) F-or Profit Recreational Facilities Such As Tennis Clubs, Swim Clubs, Racquet- Ball, Squash clubs, Pitch s Putt Courses r. Amusement Areas, Bowling Allies, Skating Rinks, Shooting Ranges, aillard 6 Pool Halls. Indoor Athletic Facilities i Such Similar Uses, All Structures Must Meet The Minimum Require- ments Of The District S37 Repair Services- Electronic & Appliance • • • f • r S38 Research Facility a-17 L AR R1 R2 R3 R4 RS R8 R13 LCl NC2 CC3 GC4 OI 11 22 23 AS ED FID RP 539 Restaurants: Carry Out i • 540 Restaurants: Drive In • r S41 Restaurants: General 542 Retail Trade. Sales, & Rental Of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts occur Beyond Irmediate Space - • • • r occupied By Use Where: A) Operations Are Designed To Attract & Serve Few Customers Or Clients on Premises other Than Employees Of The Principle Use.. m M Al Low Volume Traffic c Generation (0-200 Trips D /Day) i7 C) All Operations �< Entirely Within A n Fully Enclosed Building. N With No Outside Storage o z 543 Retail Trade, Sales. & Rental of Convience Goods, p Merchandise & Equipment tn Where No Adverse Impacts a Occur Beyond Boundaries i of Lot Where The Use Is Vacated. A) Medium Traffic Generation (200-BOO Trips • r { /Day) S44 Retail Trade, Sales, Rental Of Convience Goods Merchandise, & Equipment Where No Adverse Is:pacts Occur Beyond The Boundaries Of The Zoning District. high Volume Traffic Generation 4-13 l I t f S L AR Rl R2 R3 R4 R5 Rs R13 LCl NC2 CC3 GC4 0I 11 22 13 AS ED PID RP S45 Retail Trade, Sales, K Rental Of Durable Goods, Merchandise i Fquipment Where No Adverse Impacts occur Beyond The 7 diate space occupied By The use Where: A) operations Designed To Attract 6 serve Few - Customers Or Clients on premise other Than Employees Of The Principle Use, B) Low volume Traffic 0 Generation (0-200 Trips ' /Day) c C) All operations Within A Fully Enclosed Building 14 & No Storage or Display Of Goods Outside A Fully w • r r 6: Enclosed Building, ,v 0 s46 Retail Trade, Sales, 6 z Rental Of Durable Goods, n Merchandise & Equipment Where No Adverse Impacts Occur Beyond The Boundaries Of The .Tot With Medium Oy Traffic Generation (200- 600 Trips/Day) No storage or Display Of &mds Out- Side A fully Enclosed r ■ Building. 947 Retail Trade, Sales, 6 Rental Of Durable Goods, Merchandise, 6 Equipment Where No Adverse Impacts Occur Beyond The Boundaries Of The Zoning District. „ High Traffic Generation S4B Sawmills w S49 Stockyards • • • r r 550 storage Of Goods, outdoor 551 storage a Warehousing, „ , r w • • • inside Building 652 wholesale Sales A-].4 , S f ' ARTICLE 5. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS 5.4 Establishment of Dimensional. Requixemen_ts Regulations governing the required minimum lot size, minimum lot width, required front, side and rear setbacks, maximum building heighb and maximum lot coverage and permitted intensity of development for each of the general districts shall be as shown in the Schedule of Dimensional. Requirements. a S-1 'f. E C ARTICLE 5.1 SCHEDULE OF DIMENSIONAL MUIR£NFNIS 5.1.1 Residential DevDIOPm Hnteie.Annil T*FamilY - Etc. z Multifamily. REQ. Mill. RfQ-MIN. TAT MAX. RLO,. OPEN RE�3. MIN. REQ. Hill, .. SIDE S AREA PER HIN. GROSS MIN. REQ. LOI NEIGIITH HA1C. SPACE LIVEABILITY AECRFATIOH DWELLING LAND AREA LOT FRONT REAR 2 FAR RATIO SPACE RATIO SPACE RATIO UNIT (PD-S ONLY) WIDTH St.TDACK SMACK RATING N1 ,050 .84 .75 .019 � 22 25 LOT 40,600 Y50 40 20 22 25 .050 .04 .75 .019 All PD 40.000 .75 .019 25 .058 .89 LOT 40,000 130 40 20 22 25 .058 .64 .75 Ai PO 40,000 24 25 .068 6 .63 .73 .620 R2 _ LOT 24.000 106 30 15 26 25 .07 .82 7Q .022 PD 45.000 .088 .81 .88 .623 28 25 .625 -�� LOT 15.000 160 30 15 PD 30,000 30 25 .100 .60 .65 .58 .028 (. 75 25 10 33 25 % .123 .79 .030 f TR IAT 10.660 35 25 .14i .78 .54 - PP 15.000 e .033 38 25 n .174 .77 .52 TAT 7,50D 50 20 FO 40 25 .�- .200 .76 .52 .036 .E PO 10,000 25 .246 .75 .49 .039 TAT 5.000 50 20 n 45 25 .e1 .283 .74 .48 .042 - ... R6 PO 7,000 N LOT SA 25 .400 .72 .44 .052 P13 I'D 5.000 _ ... . TAT 30 35 I00 .80 .65 .025 �1 PD 5,600 LOT 40 35 .200 .76 .52 .036 NC2 PO 5,000 TAT 50 45 .400 .72 .44 .092 CC3 ro 5,000 OI LOT 40 35 .200 .76 .52 .036 PD 5,000 RP LOT PD 5-2 5.1.2 pen-Rcsidenliai Oevalc(xnOnt Lot By Lot7 Planned Development pE(t. MFH. Ri;4. MIN. . SIDE MAX. FLOG. PEDESTRIAN Him. L40T HIM. GROSS MAX. GROSS H�ISrF. �_� AHD REAR LUX HEIGHT MAX. PIAOR OPEN SPACE LAI;OSCAP6 RATIO ASiFA PER LAND AREA LAND AREA H AREA RATIO RATIO D/U (PD'S CHI-Y) (PD'S ONLY) WIDTH 5$1TSACK SETBACKS SNTFNGS Hi 2 25 .050 .84 150 40 xO 22 25 ,058 •64 E1yT 4Q,400 22 AR PO 40.000 80.000 150 22 25 20 .o58 .84 . LOT 40,000 130 40 22 25 .058 84 PO 40,000 80,880 130 .tl6$ .03 .SS 15 24 25 82 ,53 LOT 20,000 IGO 30 76 25 .076 R2 PO 20,000 45,000 100 .81 .40 28 25 .088 .43 15 t0T 151000 100 30 30 25 .1., .00 108 .74 .30 PD 151000 30,006 7S 25 10 33 x5 .123 .78 .36 LOT 10,000 .141 75 35 25 R4 PD 10,0 10 00 15,000 .174 .77 .34 50 20 30 25 200 .76 .32 , LOT 7.500 40 25 . R5 PD 7,500 10,000 SO .246 .75 .30 25 OT 50 20 8 43 m 283 .74 .27 L 5,000 54 45 25` . PD 5.000 7.000 .26 .400 .72 Lm 50 50 25 ...... 43 R13 PD 3.000 5,000 75 15 i5 30 25 e, ...;115 .79 .40 LDT 32 25- LC1 PD 1131J4acres) 4O 35 .240 .76 .32 0 20 50 42 35 .230 .75 . RC2 PO 2.000 31 r LOS 2.Got) gg �I g9i94aares) 50 4S .400 '72 ,25 IAP 2,004 0 T 20 50 52 45 .459 .72 CC3 PO 1,000 425600 JJ33;1acrea) 53 45 .492 .71 .24 LOT 40.000 75 35 55 45 ,566 7i .23 GC4 PD 40,00O 425600 HO MAXIMUM .200 ,76 .30 50 25 10 40 35 .23D ,75 .31 OI t10't 5,000 42 35 _ PD 5,000 200,000 NO MAXIMUM 23 d5 .063 •83 50 45 .82 I1 LO7' E1Or0OO x40 50 25 .072 ' FO 80,000 80,000 NO MAXIMUM 45 45 .283 .74 .28 t= 20.006 3 100 5O 47 45 .325 .73 .27 12 PD 20,000 2(70,000 11 47 .72 .26 lGO 54 50 45 .25 uv 20 000 52 45 .459 .7z F3 PO 20.000 634144 Na MAXIMUM 83 (14.9 acsea 45 LOT 4O,000 200 50 20 AS PO ED toT 466,000 204 50 50 45 :068 ... PD 25 .0125 PIE)LOT 500,OOO PD RP LOT 5-3 FE) • Same alt adjacent residential ARTICLE VI. APPLICATION OF DIMENSIONAL REQUIREMENTS 6.1 RecMlations Encumberin Land Re -aired To Satisf Fte lations No portion of a lot, used in connection with an existing or proposed:building, structure or use, and necessary for compliance with the dimensional regulations of this ordinance shall, through sale or otherwise, be used again as a part of the lot required in connection with any other building, structure, or use. 6.2 Hei ht Limitations Except as otherwise provided in this ordinance, all structures shall conform to the height limitations established at Section 5..2 in accordance with the following. re 6.2.1 Within any zoning 4strict height of str turectian may exceed the primary ( l) 5.2 provided that..one foot additional front and side yard setbacks are provided for every two feet of additional height. 6.3 Exce bons Taiei ht Limits 6.3.1 The height limits of this ordinance may be modified, upon appeal to the Shard of Adjustment, in their application to church spires, belfries, cupolas, penthouses, domes, water towers, observation towers, power transmission lines and towers, radio and television towers, masts and aerials, flagpoles, chimneys, smoke- stacks, ventilators, skylights, wind mills, solar collectors, derricks, conveyors, cooling towers, and other similar and necessary mechanical appurtenances pertaining to and necessary to the permitted the Zoning Districts in which they are located. This height limitation shall not apply to any of the above enumerated structures now or hereafter located on public utility easements, having a minimum width of thirty feet. 6.3..2 In reaching a decision on an application to modify the height limits, the Board of Adjustment shall use all the following standards. .6-1 a) The structure for which the application has been made is an appurtenance to a permitted use in the Zoning District in which it is located; b) The structure is so located as not to endanger the occupants of adjacent property or the structures thereon; y c) The requested height modification shall not be harmful to the neighborhood in which it is located. 5.3.3 The Board of Adjustment, when approving an application for a modification to the height limit- s ations, may affix to that approval reasonable conditions, to protect the public heil�th,. safety and general welfare. 6.4 Corner Lot Setback on The Side Street Any corner lot in a residential Zoning District having an abutting interior lot on its side street, shall have a minimum required open space on the side street equal to the required front open space on the side street equal to the required front open space of the Zoning District in which it is located; provided, however, that this requirement does not reduce the width suit- able for a building'on any lot of record less than twenty-five feet, On a corner lot, where the required rear open space abuts the required side Open space of the adjoining lot accessory buildings shall have a minimum required setback lime at a distance from the abutting side of the lot line equal to the requires side open space of the abutting lot. 6.4„1 RESERVED 5.4.2 'RESERVED 5.5 Additional Setbacks Re red in Non-Residential Lots Pbuttin Residential Districts 8.5,1 In all non-residential districts, except the Industrial District, required side and rear setbacks, as appropriate, adjacent to residentially zoned Land shall be equal to the required side or rear setback of the adjacent resi- dential district. 5-2 6.6 Permitted projections Into Required Open Space 6.6,1 Certain architectural features such as cornices, eaves and gutters may project three feet into the required front open space, one foot into the required rear open space and one foot into the required side open space, 6.6.2 An unenclosed balcony or porch fire escape or metal awning may project into the required front open space or required rear open space for a distance not to exceed five feet, or into the required side open space for a distance not to exceed three feety however a porch which is screen or glass,enclosed shall, be considered an enclosed porch. An enclosed vetibule, containing not more than forty square feet, may project into the required front open space for a distance not to exceed four feet. 6.6.3 RESERVED 6.7 Accesso Structures In Residential Districts Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations in the zoning ordinance. 6.7.1 An attached private garage, or carport, not exceeding twelve feet in height, may occupy a portion of the required side open space, provided that this does not result in a required side open space of less than seven percent of the lot width, nor a total, when combined with the required side open space of the lot immediately adjacent, of less than eight feet. 6.7.2 RESERVED 6.8 Visibilit At Intersections on a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially block vision between a height of three and ten feet above the center line grades of the interset•ting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty feet from the point of the intersection of the street lines. 6.9 RESERVED 6.10 RESERVED 6-3 '1 S 6.11 irregular Lots -- Further Subdivision or Creation Any irregular lot of record at the time these regula- tions become effective may be subdivided in compliance with applicable subdivision regulations and improvement requirements, to create additional regular lots, pro- vided that such lots meet all requirements of the dis- trict and that no residual substandard lots remain as a result of such action. 6,1:4 Supplemental Re lations For PD Districts, And other Developments Controlled By The Land Use Intensit S stem The following regulations shall apply generally or in groups of districts as indicated, unless district regulations specifically provide to the contrary and qualify or supplement other regulations appearing in this ordinance. PD-H districts permit attached and multi-family dwelling and lodging uses and mixtures dwelling types, as do certain other districts. Residential uses in such districts require special forms of regulations, some features of which are applicable to other uses. The provisions that follow relate to the Land-Use-Intensity (LUI) system, and the official Zoning Atlas, as provided; in such districts or to such uses; and to other special requirements and limitations. 6.12.1 Adoption of 'Volumes 2 And 4 Of HUD's Minimum Pro ert Standards Series As Su lemental Guides Except as generally or specifically modified herein, Practices, in their current editions, as published by the U.S. Department of Housing and Urban Development, together with related standards and explanatory material, shall be a supplemental guide on site and building plan- ning and related definitions, measurement ratios, and requirements. References to the Minimum Property Standards series may be abbreviated herein as MPS V01.2. a) General Modifications For purposes of these regulations, land-use intensity ratings applicable within subareas of the county shall be established by the official Zoning Atlas rather than by officials of the U.S. Department of Housing and Urban Development(HUD) . b) Decisions to be made by Zoning officer rather than by HUD. 6-4 r t 1 n For purposes of the regulations, where MPS or MAP indicates that decisions or determinations are to be made by HUD or specified officials thereof, such decisions or determin- ations shall be made instead by the Zoning officer. 6.12.2 Definitions And Methods of Measurement Relatin.5 TO Standard LUI Ratios; Re irements And Limitations The following definitions and methods of measurement shall be used in the district and for the uses re- gulated under the LUZ system. subject to modifications made herein, specifically or in general, where further detail is needed in connection with standards, defini- tions, or methods for measurements, referral shall be made to appropriate sections of MPS or MAP. Except where application to other uses is specifically indicated, floor area, open space, liveability space, and recreation space ratios shall be applied only to such land area, floor area, open space, and related elements as are incidental to and compartible with residential use. 6.12.2.1 Gross Land Area a) of pD-H Districts Gross land area of pD-14 districts shall be computed as all area, except that to be devoted to nonresidential purposes, within district boundaries, plus half of the adjoining permanent open space such as streets, parks, lakes, cemeteries, and the like, provided that the width of such open space credited shall be limited to a number of feet equal to the LUI rating applying to the land involved. Where such space adjoins a PD-H district on two adjacent sides, the area thus added shall include the area required to complete the gap otherwise left at the intersection_ (See Figurel). Figure I. Computation for Gross Area of Dots STREET 7, .' W[d4 not to exceed i' no, of feet equal to LUI rating z<:: L•: PARK 6-5 b) of Lots Gross land area shall be computed in the same manner as for PD-H districts, and as indicated in Figure I. The gross area of lot 1 is thus the area within its boundaries plus the hatched areas at the top and side, including the small rectangle marked "a". The gross area of lot 2 is its net Area plus the hatched area across its front. 6.12.2.2 Residential Land Area Residential land area shall be construed as all land for residential development and related uses, including open space, within the district in the case of pD-H zon- ing, or on the lot or tract where residential uses in I other locations are controlled by these regulations. such lands shall be construed to include streets entirely within residential portions of the development, common open space, and lands accepted for dedication for public purposes. Residential land area shall not be construed to include lands not beneficial to residential use due to location or character, or areas used predominantly for commercial or other non-residential purposes- As a further guide, where floor area of a building is predominantly in residential use, the building site shall be included in residential land area (as for example, is the case of multi.-family building with ten percent of its floor area in accessory commercial and service uses). 6.12.2.3 Residential Floor Area a) Defined, Inclusions and Exclusions Residential floor area shall be construed as the sum of areas for residential use on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade floor areas used for habitation and residential access. Not countable as floor areas are: 1) open terraces, patios, atriums, or balconies 2) Carports, garages, breezeways, tool sheds 3) special-purpose areas for common use of occupants, such as recreation rooms or social halls 4} staff space for therapy or examination in care housing 5) Basement space not used for living accommodations 6) Any commercial or other non-residential space 6-6 i b) Maximum Limitation Maximum residential floor area shall not exceed the number of square feet derived by multiplying gross residential land area by the floor area ratio (FAR) applying. 6,12.2.4 Open Space a) Definitions: open Space, Uncovered Open Space, Covered open space 1) open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below. i 2) Uncovered open space is total gross residential land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space. 3) Covered open space, is usable open space closed to the sky, but having two clear unobstructed open or partially open sides. Partially open sides it to be construed as fifty percent or more. Examples of covered open space are covered balconies, covered portions of improved roof areas, or spaces under buildings supported on columns or posts or cantilevered. The square feet countable as covered open space shall not exceed the square footage of the open sides. b) Minimum Requirement Minimum open space required shall be not less than the number of square feet derived by multiplying gross residential land area by the open space ratio WSR) apply in the LUl rating applying to the lot. 6..12.2«5 Liveabilit 5 ace a) Defined Liveability space is part of total open space appropriately improved and located as outdoor living space for residents and for aesthetic appeal, such spaces including lawns and other landscaped areas, walkways, paved terraces and sitting areas, outdoor recreational areas, and landscaping portions of street right-of-ways. such space shall not be used for vehicles, except for incidental service, mainten- ance or emergency action. 6-7 b) Minimum Requirement Minimum Requirement Minimum liveability space required shall not be less than the number of square feet derived by multiplying gross residential land area by the liveability space ratio (LSR) applying in the LUI rating applying to the lot. 5.12,2,6 Recreation Space a) Defined: Dimensional Specifications; Limitations on Location Recreation space, part of total and liveability open spacer is exterior area appropriately improved. for common recreational use. In general, such space shall have a least dimension of fifty feet, and average dimension of one hundred feet, and a minimum area of ten thousand square feet, A smaller least dissension is acceptable if the recreation space is suitably improved roof area. A smaller dimension and area are acceptable if ten thousand square feet is more than the total needed, or in cases where anticipated needs of residents require smaller facilities, as, for example, tot lots. b) Minimum Requirement Minimum recreation space required shall be not less than the number of square feet derived by multiplying gross residential land area by the recreation space ratio applying in the LUI rating applying to the lot. 5.12.3 Open space and building spacing in residential districts and PD-H districts and other districts in which similar attached and multi-family uses are permitted. Yards, courts, and other open space required herein in relation to structures or portions of structures containing dwelling or lodging units are intended to perform a variety of functions. Among these (as appropriate to and required by the uses involved and their location) are assuring adequate privacy, de- sirable outlook, natural light and ventilation;_ access to and around buildings, offstreet parking and loading space and service areas; space for landscaping; spacing between buildings and portions of buildings for reducing potential adverse effects of noise, odor, glare, or hazards from firer and recreation space near buildings. 5-8 a f i ry r a) Required yards and courts need not be at ground level; exception$. Bxcept in the case of fixed yards required adjacent to streets, required yards and courts relating to re- sidential uses controlled by these regulations need not be at ground level if, and to the extent that, in other locations their functions, nature,re, oriene tion, areas, access, and improvements to uses within the building and adjoining buildings, and particularly to adjacent uses at the same level of the building and overviewing uses in the same or nearby buildings. These requirements are intended to reduce necessary fragmentation of open space around buildings and to encourage provi.§ion of such space in locations and dimensions providing broader functional utility, and are not intended to reduce total amount of such space required. b) Permanent open space in streets, common open space, etc., may be included as pant of building spacing requirements; limitations. where lots or building sites adjoin permanent open space in streets, common open space, other open space intended to remain so for perpetuity (Other than space required adjacent to other stzUctur half of the width of open space may includeude d meeting building spacing requirements, subject to the following limitations and exceptionsr ! 1) Primary or secondary windows facing streets, parking areas. Where walls containing primary or secondary windows i at or below the third-story level face streets or parking areas for ten or more cars, the full dimension of the required yard shall be provided outside the boundaries of the street or parking area. ' 2) Primary or secondary windows facing other open p space-Where walls containing primary or secondary windows at or below the third-story level face other permanent ,! offsite open space without an intervening street, driveway, or parkway area, the full dimension of the required yard shall be provided outside the boundaries of such offsite open space if offsite use is likely to be of a nature adversely affecting private or tran- quility of occupants. c) Calculations of building spacing requirements. ,I 1 { 6-9 1 r E Spacing requirements for buildings or Portions os of buildings containing dwelling or lodging ti shall be based on horizontal length of walls, number of stories, type of windows in walls involved, and orientation of main exterior entrance to individual units. Distance between walls shall be at least the sum of the depths the open spaces required for each. ' d) where portions of buildings contain different numbers of stories. Where portions of buildings contain different numbers of stories, required clearance from lot or building site lines shall be as established for the portion nearest to the lot or building site line except where spacing required for portion further from the line is of greater depth in which case the depth so established is the required clearance from the line (as projected) vertically when space is provided other than at ground level) . Lower portions of buildings may extend into clearance distances required for upper portions if roof areas are appropriately improved in relation to views from the same or higher levels but shall provide clearance to meet their own requirements. The drhwing illustrates these relationships (Figure 2). At the left of the building the lot or building site line would be at or beyond the point at which the diagonal at A reaches the ground since the portion of the building to which it relates requires greater spacing than does C and would therefore determine the require- ment. e) Length of walls. Length of walls shall be measured as the horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case of attached dwellings) are offset by angles or setbacks of six feet or more, length of each segment so set off shall be measured separately in establishing pertinent depth. Where walls in continuous general frontage enclose portion of buildings varying one story or more in height, as in Figure 2, the length of each segment so varying shall be measured separately in computing pertinent yard depth. Length of. the wall of a circular building shall be construed as the diameter of the build- ing. Figure 2. , A C , 6-10 E 7 i. f) Height in stories- Height in stories shall be computed as the actual number of stories in the wall above ground level, with the following exceptions. Where the wall is along a slope, the number of stories shall be construed as the arithmetic mean number, with half a story or more considered as a full story, and less than half more considered as a full story, and less than half a story ignored in computations. When height per story exceeds an average of eleven feet, calculations involved in yard or spacing determination shall be based on an assumed number of stories derived by dividing building height by ten feet„ Penthouses, roof shelters, and housing for mechanical equipment shall be ignored in computations except where they are visible from the ground level within the lot or the building site, are ten feet or more in hiehgt, and occupy fifty percent or more of the length of the wall at their bases, in which case an additional story shall be included in the computation. g) Yard or other open space depth, how measured. Yard or other open space depth between exterior building walls and adjacent lot or bui.ldinr, site lines (projected vertical where appropriate) shall be measured horizontally in rel&tion to the ground, and perpendicular to straight walls or radially to curved walls, Distance at all points shall be at least equal to minimum requirements set forth herein, except as provided at section G.S. h) Permissible overlap of yards. Yard space for two walls may overlap where it does not affect the distance between two buildings. The drawings (See Figure 3) provide graphic explanation of permissible overlap and methods for measuring length of walls and depth of yards for a variety Of building forms, i) Definitions and classifications relating to windows and walls. t For purposes of establishing open space requirements adjacent to walls enclosing dwellings or lodgings, the following definitions and classifications shall govern. 6-11; DI gyp,... - • S k D2 5 f L2 l L D DD L , Overlap . . fteD L .o; ,y Figure 3. 6-12 1) Habitable roams are rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered habitable rooms 2) Primary windows are principal windows in habitable rooms except bedrooms and kitchens, 3) Primary walls are walls containing primary windows and/or main exterior entrances to individual living quarters when directly facing the primary wall or other living quarters. 4) Secondary windows are windows of habitable rooms other than primary windows, as defined above. 5) Secondary walls are walls containing only secondary, or secondary and tertiary, windows. 6) Teritary windows are windows other than for habitable rooms, 7) Tertiary walls are windowless walls or walls containing only tertiary windows. j) Formulas determining minimum open space requirements adjacent to walls. Minimum distance from walls to lot lines or building site lines for buildings or portions of buildings containing living quarters shall be computed as follows where D is depth in feet, L is length in feet, and S is height in stories: 1) primary walls: D = 6 + 25 + L/10. 2) Secondary walls:' D = 2 + S + L/10. 3) tertiary walls: only as required for fixed, ground-level yards, or as required for fire protection by building or other applicable codes. k) Special requirements and modifications concerning courts. 1) outer courts. a) width of outer courts, bounded on three sides by building walls or potential building walls, shall be not less than the sum of the required yard distances measured from op- posing building walls. 6-13 b) Where depth of a court is less than half the width, minimum width required shall be reduced twenty-five percent. c) Depth of a court shall not be greater than one and one- half times width. d) Where walls are not parallel to property or building site lints, the nearest portion to such lines shall be at least the required minimum distance therefrom. 2) Inner courts. a) Inner courts formed on four sides by building walls or potential building walls shall have a minimum dimension equal to the sum of the required yards but not less than ten feet. Their areas shall not be less than one hundred fifty square feet for two stories or more. b) An unobstructed passageway shall be provided at the lowest level of each inner court (except in cases of inner courts, atriums, or enclosed patios for single dwelling units) with a cross-section not less than four feet wide by seven feet high, such passageway shall be continuous from the inner court to unobstructed open space adjacent to the building, and shall be so aligned as to facilitate passage of non- vehicular fire fighting equipment including ladders. c) Inner court design shall be such as to permit tIsc of fire ladders and equipment. 6,12.9 Definitions And Methods of �Seasurement Relatin Ta Non- 6,12.4 Intensit Ratios: Re i.&ements and Limitations The following definitions and methods of measurement shall be used in the district and far the uses regulated under non-residential Intensity Ratios, Except where application to other uses is specifically indicated, floor area, open space and pedestrian/landscaped space ratios shall be applied only to such land area, floor area, open space and pedestrian/landscpped space as are allocated for non-- residential use and accessory uses i.ncidential to and com- patible with non-residential use- 6.12.5 RESERVED 6.12.6 RESERVED i 1 i 6-14 1 t 6.13 A lication Of Performance Standards 6.13.7 General A licabilit After the effective date of this ordinance, any use estab- lished or changed to, and any building, structure, or land developed, constructed or used for, any permitted principal use, or any use permissible as a Special Use, or any .Acces- sory use, shall comply with all of the performance standards herein set forth for the district involved. (See Subsection 5.2.5) 6.13.2 A licatio1 To Extensions, Enlargements, Etc. if any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure. 6.13.3 Required Com liance B Non Conformin Situations Within twenty-four months of the effective date of this ordinance, all presently existing uses of lands, buildings or other structures shall comply with the performance standards as herein set forth for the district involved. 6.14 Supplementary Performance standards The following performance standard shall be supplementary to the standards contained applicable in the areas subject to the jurisdication of this ordinance in the district indicated_ - 6.14.1 Electrical Disturbance Or Interference No Permitted Use, Special Use or Accessory Use in any district shall.: a) Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of it such disturbance; or b) Otherwise cause, create, or contribute to the interference with electronic signals (including television, and radio broadcasting transmissions)notsowned)by theecreator o at Q such of any equipment is adversely affected. 6-15 6,14.2 Noise a) within any LC-1, 01 and 1-1 district, no Permitted Principle Use, Special Use or Accessory Use shall generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by that use. b) Table A below establishes the maximum permissible noise levels for permitted uses in the NC-2, CC-3, GC-4, 1-2 and 1-3 districts. Measurements shall be taken at the boundary lines of the zoning lot in the case of NC--2 and 1-2 districts and at the districts boundary lines for CC 3, GC-4, 1-3 and AS districts on which the use is located, and, as indicated the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the use is located_ I Table A Maximum permitted Sound Levels dB(A). (re: 0,0002 Microbar) Zoning of Lot Zoning of Adjacent Lot Where use located Residential or PD Commercial. Industrial 7:00 am 7:00 pm 7:00 pm 7:00 am NC-2, 1-2 50 45 55 60 65 CC-3, GC-4, 1-3, AS 50 45 60 65 70 NOTE A: A decibel is a measure of a unit of sound pressure. Sound waves having the same decibel level "sound" laud or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low). Thus, an A-weighted filter, constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches shall be used on any sound level measure- ments required by this section. Accordingly, all measure- ments are expressed in dB(A) to reflect the use of this A-- weighted filter. NOTE B: The standards established in Table A in terms of the Equi- valent sound Level (leg) which must be calculated by taking 100 instantaneous A-weighted sound levels at ten second intervals and computing the Leg in accordance with standard ANSI procedures. 6-16 t k; c) Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one hour period are permissible up to.a level of 10 dbA in excess of the figures listed in Table A, except that this higher level of permissible noise shall not apply from 7:00 P.M. to 7:00 a.m. When the adjacent lot is zoned residential,. The impact noise shall be measuerd using the fast response of the sound level meter. Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this subsection. 6.14.3 RESERVED 6.14.4 RESERVES] 6.14.5 RESERVED 6..14.6 RESERVED 6.14.7 Vibration a) No permitted Principal Use, Special Use or Accessory Use in TIC-1, O&I, I-1, ED districts may generate any ground transmitted vibration that is perceptible to the human sense of touch, measured at the outside boundary of the structure occupied by the use generating the vib- ration. b) No Permitted Principal Use, Special Use or Accessory Use in NC-2 and I-2 districts:nay generate any ground transmit vibration in excess of the limits set forth in Table B. Measurements shall be taken at the boundaries of the zoning lot containing the use generating the vibrations. c) No Permitted Principal Use, Special Use, or Accessory Use in Cc-3, GC-4, I-3, AS adstricts may generate any ground transmit vibration in excess of the limits set forth in Table B. Measurements shall be taken at the district bound- aries. 6-17 TABLE B Maximum Ground Transmitted Vibration Permitted kmaximum Particle Velocity in inches/seconds Zoning District Non-Residentially Residentially Zoned Land Zoned Land NC-2, 1-2 0.10 0.02 CC-"3, GC--4, 1-3, AS 0.20 0,02 NOTE A: i The instrument used to measure vibrations shall be a three component measuring system capable of simultaneous measure- ment of vibration in three mutually perpendicular diretions, NOTE B. The vibration maximums set forth in Table B are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basic of '- displacement frequency. when computed, the following formula shall be used: 1 P.V. = 5.28 F x D P.V. = Particle velocity inches per second F = Vibration frequency, cycles per second O = Single amplitude displacement of the vibration, inches The maximum velocity shall be the vector of the three components recorded. d? The values stated in Table B may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second between pulses. e? Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 P.M. shall be exempt from the requirements of this subsection. t 6.14.8 Odors For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor, or s, particulate matter that can be detected by the olfactory systems of the Seas Saniterian, and the Zoning Officer. No Permitted Principle Use, Special Use, or Accessory Use shall generate any odor that reaches the odor threshold, I measured at: i 6-1B The outside boundaries of the structure occupied by the use generating the odor in LC--I, 0&1, 1-1, rM districts. The lot line of the zoning lot containing the use generating the odor in the NC-2: 1.2 districts. The district boundary line where the use generating the odor is in the CC-3, GC-4, 1-3, AS districts. 6..14,9 Air Pollution a) Any permitted principal use, special use or accessory use that emits any "air contaminant", as defined in G.S. 143- 213, shall comply with applicable State of North Carolina standards concerning air pollution, as set forth in Article e north Carolina General statutes. 218 of Chapter 143 of th b} No Zoning campliance or,`pezmit shall be issued with respect to any development covered (a) until, the State division of Environmental Management has certified to the Zoning Officer that the appropriate State permits have been received by the applicant (as provided in G.S. 143.215.108) or that the applicant will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution control regulations. 6.14.10 DisP9 al Of Li id Wastes a) No permitted use in any district shall discharge any waste contrary to the provisions of G.S. 143--214.2. b) No permitted principal use, special use, or acCessory use in any district shall discharge into the OWA5A,Durham, Hillsborough sewage treatment facilities any waste that cannot be adequately treated by biological means. 4 6-19 L ` yr�t.7 6.16 Additional Requirements For Certain Permitted Uses 6.16.1 Unit 0wnershi (Condominum) bevelo ment Unit ownership or condominium developments shall conform to all requirements'of this ordinance for the district within which the structure is located, Unit ownership may be created by an owner or the co- owners of a building by an express declaration of their intention to submit such property to the provisions of the "Unit ownership Act of North Carolina," which declara- tion shall be prepared in strict compliance with the Unit Ownership Act, reviewed and approved by the planning com- mission and recorded in the office of the County Register of Deeds, 6.16.2 Churches Churches are required to provide additional setbacks in residential districts above the minimum as follows: Front setback ------------------------ 25 feet site setback ----------------------- 50 feet Rear setback -------------------------- -----_- ---__-------- -..- 50 feet 6.16.3 Pubs Pubs shall not be located within two hundred feet of residentially zoned land, 6.16.4 Ba Caxe Centers In Commercial And Industrial Districts Day care centers maybe established as a use by right in commercial and industrial districts subject to the re- quirements in Article 5 and the requirements listed below: a) At least one hundred square feet of outdoor play space per child shall be provided. b) outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking area or land unsuited by other usage or natural features for children's play space. Fences shall comply with fence regulations in Section 6.5.2 - 6.5.3, Article 6. The minimum height in any case shall be three feet. c) The minimum lot area for the first eight children shall be ten thousand square feet. The minimum additional area multiples of eight children shall be two thousand square feet,. 6-20 E 1 = i 6.16.5 Commercial Feeder Operatiens Property to be utilized for poultry raising, cattle feeding, hog feeding, or other similar uses may be established in the AR, R`S, I-s Agricultural and M-2 Districts subject to the following conditions: a) All structures, buildings or enclosed areas, used for housing of poultry, hogs, cattle or other livestock, shall be a minimum of one hundred feet from all property lines, b) No structures, buildings or enclosed areas, housing poultry, hogs, cattle or other livestock shall be less than one hundred twenty feet from any residence. c) Care shall be exercised that odor is kept to a minimum level through frequent cleaning of the area. d) Prior to making this .exceptian, the applicant shall receive from the orange county Health Department a letter stating that the applicant has reviewed the Health Department's requirements for operation of a feeder-type facility and understands the health requirements that must be shall Any violation of a Health Department regulations be considered a violation of their ordinance, 6.16.5 xe lations Concerning Home Occupations, As An Accessory Use 6.16.6..1 Home occu ation In All Residential Districts Except AR And R-I The following restrictions shall be applied to ail home occupations in all residential districts, except AR and RI: : a) No external evidence of its existence shall be visible, except a sign as permitted by Article 9. b) No more than thirty five percent of the floor area of the dwelling unit or five hundred square feet, which- ever is less, can be used for the home occupation. c) No equipment or process shall be employed that will cause noise, vibration, odor or glare detectable to the normal senses at the lot lines in the case of detached dwelling units or outside the dwelling unit, in the case of attached dwelling units. d) The on-premises sale and delivery of goods which are not the product of the home occupation is prohibited. e) All activities shall be conducted within the dwelling unit. 6.21 6.16..6.2 Home Occu ations In The AR And R-1 Districts The following restrictions shall be applied to all home occupations in the AR and R-I districts- a) A maximuh of one thousand square feet of usable floor area may be used for the home occupation. b) Signs shall be as provided in Article 9. c) The on-premise sale and delivery of goods, which are not the product of the home occupation is prohibited. d) No equipment or process shall be employed that will generate noise, vibration, odor or glue detectible at the lot lines of the zoning lot within which the home occupation is located. 6.16.7 storage Of Junked or Wrecked DIotor Vehicles The storage of junked or wrecked motor vehicles is specifically prohibited in all residential districts. 6.1G.8 Tem Drat Yard Sale Temporary yard sales are permitted in all residential districts provided that these sales do not exceed two days per month. 6.16.9 TeM22r.ry Fund Raisin Activit Temporary fund raising activities are permitted in all residential districts provided that these activities do not exceed two days per month. 6.17 RESERVED 6..18 RESERVED 6.19 RESERVED 6.20 RESERVED 6-22 i 6.21 Existing Mobile Home Parks 6.21.1 P.xnansion of Existing Mobile Home Parks Existing mobile home parks that do not meet the standards set forth in Sections 6.12 and 5.2 shall be considered non- conforming. Such parks shall not expand in any Way, but shall be allowed to remove and replace units within the existing park. Removal and replacement of units shall not be considered expansion of the non-conforming use. 6.21.2 Unconstructed Previously Approved Mobile Home Parks Mobile home parks or portions thereof that have been previously approved but do not have sewage disposal I systems installed on th'e date of adoption of this ordinance shall meet the standards set forth in Sections 6.12 and 5.2. 6,22 82plication Of Bonus Intensities For Lower Income Housing To The R-13 Hi h Intensit Residential Distract 6.22.1 Intent In order to provide for the availability of affordable housing to all segments of the population of Orange County it is intended that the bonus intensities established in this section provide incentive for the development of lower-income housing, It is further intended that such bonus intensities be used to promote economically mixed housing developments and to contribute to the provision of a range of housing types for lower-income house-holds. 6.22.2 A2Plicahility The Planned Development in R-13 High Intensity Residential District in Subsections 5.2,1 and 5.2.2 may only be used for any housing development which shall ensure that a two dwelling unit or at least ten ,percent (lo%) of the total residential floor area of the development, whichever is greater, is contained in dwelling units for which an agreement to enter into a payment contract has been executed between the developer and the federal Department of Housing and Urban Development (HUD) in accord with HUD's Section 8 new construction or substantial rehabilitation programs 6.23 .7 S f ARTICLE 7. pLANNrD DFnmPmTT DISTRICTS 7.0 Planned DeveloEMent Districts 7.2. Planned Development Districts, Generally_ Within districts now existing or which may hereafter be created, it is intended to permit establishment of new planned development= (PD) districts for specialized purposes where tracts suitable in location, area and character for the uses and structures proposed are to be planned and developed on a unified basis. suitability of tracts for the development proposed shall be determined pri- marily by reference to the Comprehensive Plan, but due consider- ] ation shall be given to the existing and prospective character of surrounding development. It is the express intent of the Board of County commissioners to encourage most strongly the use of the Planned Development technique in all areas covered by the Joint Planning Agreement among Orange County, the towns of Carrboro and Chapel Hill and The Orange Water and Sewer Authority. To this end suitable incentives, in the form of bonuses, over and above the intensity of permitted development under traditional lot-by--lot development, shall be provided. It is also the express intent of the Board of County commissioners that all development except the isolated individual structure on a separate lot, within the University Lake, Cane Creel: and part: of the Upper Eno Watershed areas, shall take palce under the Planned Development procedure, in order to protect these important water supply reservoir areas from degradation, It is also the express intent of the Beard of County Commissioners that the Planned Development technique be used in rural portions of Orange County where the size complexity or both of the proposed development warrant its use. This encouragement of the Planned Development technique is a recognition by the County Hoard of Commissioners that the technique offers distinct advantages to the public, while affording private property owners greater flexibility in the development of their land, the opportunity for the application of new and ingenious development techniques and more prudent use of time, money and effort. The public benefits include more efficient and effective use of land, more efficient use of energy, the reduction of the costs of continuing maintenance responsibilities and a higher average level of amenity in all types of development. 7-1 i PD districts shall be so related to the general development pattern and the objectives of the Comprehensive Plan as to provide for comfort and convenience of residents, facilitate protection of the character of surrounding neighborhoods, and reduce automotive traffic congestion by a reasonably close relationship (either in distance or in time) between origins and destinations of persons living, working or visiting in such developments, or by availability of mass transit. dousing, commercial and service facilities and principal places of employment shall be so related by physical proximity, by major street networks, or by mass transit as to promote these objectives. Within FD districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots, and to promote economical and i efficient land use, an improved level of amenities, appropriate and harmonious variety, creative design and a better environment. 7.2 Planned.Developmeat Defined For purposes of these regulations, a planned development is: a) hand under unified control, to be planned and developed as a whole; b) In a single development operation or a definitely programmed series of development operations, including all lands and buildings; c) For principal and accessory structures and uses substantially related to the character and purposes of the district;. d) According to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans and floor plans for all buildings as intended to be locatedr constructed, used and related to each ether, and detailed plans for other uses and improvements on the land as related to the buildings; and e) With a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of the district, but will not be ,provided, operated or maintained at general public expense. 7-2 7.3 Relation Of PD Re lations To General 7,0ning, Subdivision Or Other Regulations Modifications On S_ual Satisfaction Of Public ses The planned development regulations which follow shall apply generally to the initiation and regulation of all planned development districts. Where there are conflicts between the special PD regulations herein and general zoning, subdivision, or other regulations or requirements, these PD regulations shall apply in PD districts, unless the Board of County Commis- sioners find, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or, requirements. Where actions, designs or solutions proposed by the applicant are not literally in accord with applicable PD or general regulations, but the Board pf County commisiioners made a finding, in the particulai'case, that public purposes are satisfied to an equivalent or greater degree, the Board of County Commissioners may make specific modification of the regulations in the particular case, provided that where floor area and similar ratios, as well as maximum permitted amounts of development have been established by these regulations, the Board of County Commissioncrs shall not act in a particular case to modify such ratios or maximums. Except as indicated above, and notwithstanding procedures and requirements generally in effect, the procedures and requirements set forth herein and in the guides and standards adopted as past of the regulations for particular classes of PD districts shall apply in PD districts, and to issuance of all required permits therein. 7.4 PD Districts -- Where And Sow Permitted Planned development districts may hereafter be established by amendment to the official Zoning Atlas and related amendatory action, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein. PD districts shall be appropriately located with respect to intended functions to the pattern and timing of development existing or proposed in the comprehensive Plan, and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed. All requirements specified in Article 20, Amendments, shall be met, as well as the following specific requirements: 7-3 r it i I i 7.4.1 Relation To Ma'or Trans nation Facilities PD districts shall be so located with respect to expressways, arterial and collector streets or mass transit facilities, and shall be so designed as to provide direct access to such districts vi.thout creating traffic along minor streets in residential neighborhoods outside the district.. 7.4.2 Relation To Public Utilities, Facilities And Services pD districts shall be so located in realtstemsoandno her utili- waterlines, storm and surface drainage sy ties systems and installations that neitheeryextension normen largement of such systems will be requ' timing in a manner re- character, location, degree., scale or j of suiting in higher net public cost or earlier incursion a permitted public cost than would deuel.opment in forms generthe area. under current zoning and development Policies P17 districts shall be so located with respect to necessary public facilities (as for example, schools, parks and play- grounds in the case�of PD-H Planned Development Housing districts) as to have access to such facilities in the same degree as w::uld development permitted under existing zoning and shall. be so located, designed and scaled that access to public services is equivalent to, and net cost for such services is not greater than, access and net costs for public ent vices for development as permitted under existing controls. However, if applicants will (a) provide private facilities, utilities and services approved by appropriate public agencies as substituting an an equivalent basis, and assure their sat- isfactory continuing operation, permanently or until similar public utilities, facilities or services are available and used, or (b) make provisions acceptable to the County for off- setting any added net public cost or early commitment of public such development, location of the PD funds made necessary by districts may be approved. In computing net public costs, difference in anticipated public installation, operation and maintenance costs and differences in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by the applicants_ Determinations shall be made by the County or by experts acceptable to the County. I i L F 1 �3 ! 1 / 7.4.3 Physical Character of The Site: Relation To surrounding Pro ert The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, ground water level, drainage and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form of planned development, lands to be included in PD districts may be divided by streets, alleys, rights-of-way or easements, but shall be so located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. v 7.4.4 Reduction Or Increase in Minimum Area Gen_erall Re aired In connection with particular PD rezoning proposals the Planning Board may recommend and Board of County commissioners may approve as part of the amendment action: a) Lesser areas than generally required upon findings in the particular case that special circumstances require such reductions, and the other requirements can be met in such lesser area, provided that no such reduction shall amount to more than ten percent of the area generally requiredi or b) Greater areas than generally required, upon findings, in the particular case, that the plan of development as proposed, or the character of the property involved, as it exists or as it may reasonably be expected to develop, require such increases to meet the requirements and intent of PD zoning or to provide necessary special protection to existing natural or man-made artifacts or resources 7.4.5 Additions To PD Districts Not subject To Minimum Area Requirements Where planned development additions are proposed to existing pD districts, and where the land and proposed plan of development is appropriately related to the existing PD district and provides necessary safeguards in relation to the surrounding area, PD amendment allowing such additions may be made without regard to the minimum area requirements set forth herein. such additions may be of same classification as the PD district being added to, or may be of another classification, if the Planning Board re- commends and Board of County commissioners approves the other classification and plans proposed therefore, as being comple- mentary to the original PD district„ 7m5 Ii i l s 7.5 Procedures on PD Amendments 7.5.1 Applications: Materials To Be Submitted Applications for PD amendments shall be submitted as for other amendments. Material submitted with the applicaiton or on subsequent request by the Zoning Officer shall in- clude, in addition to the basic material required by Subsec- tion 20.3.2, all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. Such applications shall include a report identifying all property owners within the area of the proposed district and giving evidence of unified control of its entire area. } The report shall state agreement of all present property owners and/or their prospective successors in title: a) To proceed with the proposed development according to the regulations in effect when the map amendment creating the PD district is passed, with such modifications as are set by the Board of County commissioners in the course of such action; and b) To provide 3aonds, dedications, guarantees, agreements, contracts, and deed restriction acceptable to the Baard of county Commission- ers for completion of such development according to approved plans and for continuing operation and maintenance of such areas, facilities and services as are not to be provided, operated or maintained at general public expense] and such dedications, contributions, or guarantees as are required for provision of needed public facilities and services; and C) To bind future successors in title to any commitments made under (a) and (b) above. In addition to, or as part of, the report described above, applicants shall. submit a preliminary development concept plan and proposals in accord with (a) , above which shall show: a) The general arrangement of land uses within the proposed districts. b) The general location and function of the vehicule and pedestrian circulation system. c c) The general solutions to the provision of utilities. d) The general arrangement of common facilities such as open space, recreational installations, improvements, etc. e) A general description of the method of financing the installation and operation of the common facilities. €) A schedule of construction of all elements of the proposal. 7-6 7.5.2 Preliminary Review Of Application As Submitted On receipt of the application and preliminary concept plan and detailed proposals as indicated previously, the Zoning Officer shall cause a study to be made by qualified repre- sentatives of the County and such other agencies or officials as appear appropriate in the circumstances of the case to determine conformity with the Comprehensive Plan, and to zoning, and subdivision regulations, soil erosion and sedi- mentation regulations, as well as the specific regulations and standards related to specific classes of PA districts contained in this article, applicable in the case. 7.5.3 Preliminary Conferences With A licant Following such study, unless complete conformity is found, the applicant shall be notified in writing of discrepancies, and of the willingness of the Zoning officer to confer for the purpose of assisting in bringing the material Submitted, as nearly as possible.,. into conformity with requirements and/ or to define specifically the modification(s) of regulations or of the Comprehensive Plan which seem justified in view of equivalent service of public purposes by the proposal. If the applicant does not desire to participate in such conferences, the Zoning officer shall base the report to the Planning Board and Board of County Commissioners on the application as received. If the applicant joins in such conferences, change° may be made in the original proposal, further conferences may be held, and additional material may be requested to guide in determinations. If the applicant joins in such conferences, the normal thirty day period, specified for Planning Board study of amendments, shall be waived by the applicant, so that sufficient time may be available for the conferences. In the course of such preliminary conferences recommendations for changes shall be recorded in writing along with the resaons therefore, and shall become part of the record in the case. Applicants shall indicate, in writing, their disagreement and the reasons therefore; such response by applicants shall also be included in the record. 7,5.4 Zoning Oi:ficer's Recommendations At such time as further conferences appear unnecessary, or at any time on request of the applicant, the Zoning officer shall prepare a written report to the Planning Board and Board of County commissioners, containing follow6mg findings- 7-7 i 1 S a) As to the suit�xhility of the proposals for the general type. of PD category, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; b) As to relation to major roads and mass transit facilities, utilities and other facilities and servicesi c) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictui.ons, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; d) As to the suitability of plans proposed or the desirability of amendments; e) As to the adherence to PD or general regulations or as to desirable specific modifications an PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications. Based on such findings, the Zoning officer shall recommend approval of the PD amendment proposed, approval conditioned on stipulated modifications or disapproval, with recorded reasons therefore. 7.5.5 Actions By Planning Board: Board df count Cotes ssioners_ Actions by the Planning Board and Board of county Commissioners shall be as provided for amendments generally. (See Article 20) The Board of County Commissioners may grant the application in accord with PD and other applicable regulations as provided in Section 7.5, or may deny the application. 7.5.6 DeveloEMent To Be In Accord_With Approved Conce t Plan And Related Regulations If the amendment is approved, the Board of County Commissioners shall, in its amending action, approve the development concept plan or indicate required modifications in such approved plan, which required modifications, if any, shall be binding in determinations concerning final development plans. If the amendment is approved, the development shall be required to be in accord with approved concept plans, meet the require- ments on these and other regulations, as supplemented or modified by the Hoard of County Commissioners in the particular case, as part of the amending action- The development shall also conform to any time limitations established by the Board of County commissioners on beginning and completion of the development as a whole, or in specified stages. Before development may proceed, agreements, contracts, deed restriction, sureties and other instruments involved shall be in a form approved by appropriate officers or agencies. The Zoning Officer shall notify the Board of County Commissioners when such approvals have been obtained for the proposmendevelop- ment as a whole or for any stage stages as contained in the approval of the amendment. 7.6 Zoning Administrator`s Actian L?n A roval Of Final Plans Ater a PD district has been established, no building permit shall be issued therein, unless and until the Zoning Officer has approved final plans and reports for the development as a whole or stages or portions thereof deemed satisfactory in i relation to the total development. The form and content of such final plans and reports shall be as prescribed in the land development ordinance or other regulations, generally or for particular Piz districts, and in the rules of the County and other affected agencies. Approval of final plans and reports shall be based an compliance with regulations applying at the time the land was zoned to PD status, including such specific modifications as were made by the Board of County Commissioners in its amending action. Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD district shall be observed. Except as provided below, final plans and reports approval shall be binding on the applicants and any successor in title, so long as Piz zoning applies to the land. 7.7 Lk2Proval Of: Retailed I'lans> Etc. Is An Administrative Action,, Approval of detailed plans and related material is an administrative action. No public notice or hearing is required in connection with approval proceedings of final plans or changes in approved plans, but the Zoning officer may hold meetings or cause such meetings to be held, with such notice as is deemed appropriate in connection with such actions. 7,6 Chan es In A roved Final Plans Changes in approved final plans,specifications and reports may be permitted by the Zoning officer on application by the original applicant or successor in interest, but only upon making a finding that such changes are: 7-S •k r a) In accord with all applicable regulations in effect at the time of the amendment creating the PD district, as modified in the amending action; or b) in accord with all applicable regulations currently in effect, without modification; or c) in accord with the approved development concept plan, including any required modifications. Changes other than as indicated above shall be made only by new PD or other amendments. 7,9 iration Of Time Limits On PD Amendments if actions required in any amendment establishing a PE) district are not taken within the time limit set, the Zoning Officer shall review the circumstances and recommend to the Planning Board and Board of County Commissioners: a) That PD zoning for the entire area be continued with revised time limits; or b) That PD zoning be continued for part of the area, with or without revised time limits, and the remainder rezoned to an appropriate categoryt or c) That the entire district be rezoned from PD to an appropriate category. Such recommendation shall include proposals for appropriate action in respect to any legal instruments such as contracts, covenants, easements, etc. relating to the PD district. 7,1,0 RESERVED 7.11 RESERVED 7.12 RESERVED 7.13 RESERVED t 7.14 Planned Develo ment Housin (PB-8) Districts The following regulations and requirements apply to Planned Development -- Housing (PD-H) districts, defined for purposes of these regulations as planned development districts primarily for dwellings and related uses and facilities. v-�n 7.19.1 PD-H Districts: where Permitted; Intent Concernin Timin PD-H districts may hereafter be established in accordance w9th the general procedures and s:equirements set forth in Sections 7.4 - 7.9 previously mentioned, and with intensities and in locations in accordance with the Comprehensive Plan and the Zoning Atlas. s With respect to timing of development of particular PD-H districts, it is intended that, in addition to other policies and limitations set forth in this ordinance, consideration shall be given to general housing needs in orange county as a whole, the sector in which development is proposed, and the need for particular types of housing. in such consideration, due weight shall be given to availability of existing housing supply of types for which there is evident need in view of { the age structure and economic structure of the population, and to the amount and types of potential housing under building permits issued and approved plans for development. 7.19.2 Permitted Princi al And Accesso Uses And Structures a) Permitted Principal uses and structures shall be according to Article 4, for the applicable residential district. b) Permitted Accessory Uses and Structures Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures, including, in a multifamily building or closely-related complex of multi-family buildings having a total of at least fifty dwelling units, establishments for sale of convenience goods, eating and'drinking establishments, and professional and personal service establishments, provided that the floor area occupied by all such establishments shall not total an amount equal to ten percent of the residential floor area of such multi-family building (or complex) . Except where establishments adjoin and are oriented toward shopping centers permitted under Stibsecti.on C, they shall be designed and scaled to meet only the requirements of occupants and their guests; there shall be no evidence of the existence of such establishments from any street. c) Uses and Structures Permissible in Large PD-H Districts In addition to the principal and accessory uses and structures permitted above, facilities planned for develop- ment as part of the district, internally oriented and serving needs not otherwise served in the general area, may be per- mitted by the Board of commissioners. as part of PD-H amend- ments for districts which will have sufficient population to support them as follows: 7-11 , 1. Such facilities shall include only service commercial and office uses intended primarily to serve the needs of oc- cupants of the district; 2. Design and location shall be such as to protect the character of the district and surrounding residential districts; 3. Such facilities, with their related off-street parking and other open space, shall not occupy in total more than ten percent of the gross land area of the district. Except as provided under permitted accessory uses above, such service, commercial or office uses shall be permitted only subject to the following limitations and requirements, and only in planned shopping centers or convenience establishments. I d) Planned Shopping Centers Planned shopping center's, when included as part of a PD-H district, shall be subject to the general requirements of PD-C Planned Development Commercial districts of similar scale, orientation of buildings shall be away from resi- dential development within or adjacent to the district„ Layout of parking and service areas, access, landscaping, yards, courts, walls, signs, lighting, and control of noise and other potentially adverse influences shall Promote protection of such residential development. When appropriate to general design of the PD-H district and timing of operations of the uses involved, accessways and parking areas may be so located as to serve other uses in the PD-H district or adjoining districts, if such multiple use will not lead to an overload on the parking facilities or to congestion'or hazards to pedestrian or vehicular traffic. No such shopping center shall be permitted in a PD-H district which is to contain less than three hundred dwelling units. At the time of the amendment establishing the district, the Board of County Commissioners may establish limitations as to staging of development of the center, including require- ments as to the number of dwelling units to be under build- ing permits prior to issuance of building permits for the shopping center. Convenience establishments in PD-H districts are permissible other than in planned shopping centers or as accessory uses under the terms of subsection 7.14.2 (b) only as follows: 7-12 F a - r a) Location. Grouping Such establishments shall be 'located only in portions of PD-H districts not served by similar facilities within one quarter mile by normal pedestrian routes, and in portions having dwelling unit densities of at least six units per acre, so located as to provide substantial nearby trade. Ifner more than dne type of convenience eetabilshment is propo sed, establishments shall be grouped, arranged and designed for maximum pedestrian convenience; vehicular access and parking areas shall be combined where such combination will result in substantial improvement in public convenience and vehicular circulation. b) Control of potential adverse effects. t Such establishments shall not create substantial adverse effects on residential uses within the district ar in adjoining districts by reason of their location, design, construction, manner or timing of operation, signs, lighting, parking or access arrangements, or other characteristics. There shall be no evidence of the nonresidential character of such establishments visible from first story residential windows outside the FD-H district. C) Maximum size of establishments, In the PD--H environment; it is L-110 intent of these regulatiOnO that no such establishment or group of establishemtns shall be of such size or character as to create the impression of general commercial development. Therefore, in addition to other limitations designed to achieve these ends, no individual convenience establishment created under the inprovisions sfafive this section shall have a gross thousand square feet, and no combination of establishments in any one location shall have a total gross floor area of wie than ten thousand square feet. 'i d) Lot coverage limitations. No minimum lot area width requirements are set directly for convenience establishments in Pp-H districts, but lot coverage shall not exceed forty percent of the net area of the lot or building site, i i. 713 I e) Yards, landscaping. Yards shall have at least the same depth as required for residen- tial uses on buildings of the same height and length, provided that in no case shall a yard be less than ten feet in minimum dimension. Yards adjacent to streets shall be landscaped 'for a minimum depth of at least ten feet from the front property line, except for driveways not exceeding the width reasonably necessary to provide access to parking. Parking and service areas shall be screened from view from first-floor windows on directly adjacent residential lots or building sites by appropriate structural or vegetative screen- ing, which shall be maintained In a functional, and aesthetic condition. f) Building spacing. Where space is left between buildings in a convenience establishment complex in this district, it shall be at least five feet in width. g) Off--street parking. off-street parking shall be provided according to use and as set forth in Article 10.4.4. h) Signs. Signs intended to be read from off the premises shall be limited to one, not exceeding ten square feet in surface area, mounted flat against the wall of the principal building, for each face of the building exposed to a public street. Where more than one such establishment is located in the same building or on the same premises, signs as above shall be permitted for each. No such sign shall extend above or beyond the wall of the building. i) bighting. During hours of darkness when convenience establishments are I in operation, parking areas and pedestrian ways on the premises shall be lighted to an intensity of at least 0.6 foot candle. No such lighting shall be directed in a manner which illuminates adjoining residential buildings, and no source of incandescent, mercury vapor or similar illumination shall be directly visible from any residential building or from any street. No neon lights inside or outside structures shall be visible from any residential building, or from any street. j) Hours of operation. No such convenience establishment shall be open for business except between the hours of 7:00 a m, and 11e00 p,m. 1 I i � 7-la k) Conduct of operations_ All sales, service or displays in connection with convenience establishments in this district shall be within completely enclosed storage on the premises. No public address systems or other devices for making announcements or playing music shall have speakers mounted outside of such buildings, or be audible be'yond any line of the lot or building site on which the building is located- 7.V.3 site Planning a) External Relationships Site planning within the district shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding areas from potentially adverse influences within the development_ In particular: l) Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic, Merging and turnout lanes and/or traffic dividers and extra width of the approach street shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the dis- tricts in such a way as to encourage use of such minor streets by substantial amounts of through traffic. 2) Access for pedestrians and motor cyclists entering or leaving the district shall be by safe and convenient routes. Such access need not be adjacent to, or limited to the vicinity of, vehi- cular access points. Where there are crossings of pedestrian ways and vehicular routes at edges of planned developments, such crossings shall be safely located, marked and controlled, and where such ways are exposed to substantial vehicular traf- fic at edges of districts, safeguards may be required to pre- vent crossings except at designated points. Bicycle and/or bridle paths provided, shall be so related to the pedestrian way system that street crossings are combined. 3) Protection of visibility--automotive traffic, cyclists and pedestrians, shall be as generally provided in Article G. in addition, where there is pedestrian or bicycle access from within the development to a street at its edges by paths or across yards or other open space without a barrier to access to the street, no material impediment to visibility, as defined therein, shall be created or maintained within areas appropr- iate to the circumstances of the case, but in any event within a visibility triangle equivalent to that required in Article 6. 7-15 - f 1 4) Uses adjacent to single-family residence districts. Where PD--H district adjoins a single-family district without intervening permanent open space at least one hundred feet in width serving as a separation for buildable areas, the portion of the ,perimeter of the PD-H district so adjoining shall be planned and developed only for uses permitted in the adjoining residential district and in ac- cordance with all other requirements for such district, provided however that in lieu of development, common open space for the PD-H district to a depth of one hundred feet from the district boundary may be permitted. No intensive recreational, use or off-street parking shall be permitted within seventy five feet of the district boundary in such circumstances. 5) Yards, fences, walls or vegetative screening at edges of PD- H districts shall be provided where needed to protect resi-- dents from undesirable views, lighting, noise or other off- site influences, or to protect occupants of adjoining resi- dential districts from similar adverse influences with the PD-H district. in particular, extensive off-street parking areas and service areas for loading and unloading vehicles other than passengers, and areas for storage and collection of refuse and garbage shall be screened . 6) Height limitations at edges of PD-H districts- Maximum height of buildings shall be as set forth in Article 5 and subsection 6.4.2. 7) Signs visible from outside PD-H districts. All signs erected in PD-H districts shall be according to Article 9. in addition, during the process of construction and initial sale and/or rental within such development, temporary announcement signs may be allowed, as provided in section 9.6. b) Internal Relationships The site plan shall provide fox safe, efficient, convenient and harmonious groupings of structures. uses and facilities, for appropriate relation of space inside and outside build- ings to intended uses and structural features, and for pre- servation of desirable natural features and minimum distur- bance of natural topography. in particular- 1) Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and general facilities, and for service and emergency vehicles. Streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access as indicated, 7-16 s nor create unnecessary frag1T1entati,on of the devejrjment into small blocks. in general, blbck size shall be the maximum consistent with use and shape of the site and convenience and safety of occupants. 2) Vehicular gccess to streets shall be limited and controlled as follows: a) if the street or portion thereof serves fifty or less dwel- ling units, vehicular access from off-street parking and service areas may be directly to the street from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development. b) Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traf- fic from and to such areas conveniently, safely and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interrup- tion. 3) Ways for pedestrians and cyclists; use by emergency or service vehicles. i Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facil- ities, and principal off-site pedestrian destinations. Max- imum walking distance in trio open between (1well.ing units and parking areas, delivery areas and refuse and garbage ants shall not exceed storage areas intended for use Of occup one hundred feet. Walkways to be used by substantial numbers of children as play areas or routes to school or other destinations shall be so located and safe-guarded as to minimize contacts with normal automotive traffic. if substantial bicycle traffic is anticipated, bicycle paths shall be coordinated with the walkway system. Street crossings shall be held to a minimum i on such walkways, shall be located and designed to promote safety, and shall be appropriately marked and otherwise safeguarded. Pedestrian ways and bicycle paths, appropriately located, designed and constructed, may be service edwith other ease- ments and used by emergency and not be used by other automotive traffic, including motor bikes and motorcycles. 4) Protection of visibility---automotive traffic, cyclists and pedestrians. protection of visibility for automotive traffic,cyclist and pedestrians shall be as provided in Section 7.14.3(b)3 above. 7-17 '1 t 5) Open space and spacing of buildings or portions of buidings containing dwelling units. Definitions, ,rules for interpretation, and requirements and limitations concerning open space and spacing of buildings or portions of buildings containing dwelling units shall be as provided in Article 6. 7.15 Planned Devely ent Commercial (pD-C) Districts The following regulations and requirements apply to Planned Development Commercial (PD-C) districts, defined for purposes of these regulations as planned Development Distracts for Local, PD-C(L); Neighborhood, PD-C(N); Community, PD-C(C); General, PD-C(G); Regional, PD-C(R) . 7.15.1 PD-C; Where Permitted: Intent PD-C districts may hereafter be established in accordance with the general procedures and requirements as set forth in Sections 7.4 through 7.9, it is the intent of these regulations to provide for development of such developments, in scale with surrounding marked areas, at locations approp- riate in terms of the Land Use Plan and Orange County Through- ture Plan, and in accord with standards set forth herein, to serve areas not already conveniently and adequately provided with commercial and service facilities of the kind proposed. It is further the intent to permit the establishment of such districts only where planned centers with carefully-related buildings, parking and service areas, and la need, open space will serve clearly demostrated public marginal traffic friction below that which would result from strip commercial development and protect property values in surrounding neighborhoods. It is further intended that PD-C distracts shall provide a range of facilities and services appropriate to the general needs of the area served, a) pp.-C(L) ; Planned Development commercial (Local) districts are intended to be built around a convenience store, small supermarket; or similar use, for sale of convenience goods for provision of personal services, and for other frequent needs of a trade area of 1-4,000 within approximately 5-10 minutes driving time. e Access. PD-C(L) centers shall be located only with direct access to and focused on the intersection of streets of a collector or more intensive use category, or on suitable frontage roads adjacent to such streets. Access from minor streets is prohibited, except where such access would not encourage through traffic an such streets. 7-16 b) PD-C(N): Planned Development Commercial (Neighborhood) districts are intended to be built around a supermarket as the major use, and to provide for the sale of convenience goods, for provision of personal services, and for other frequent needs of a trade area with a population of 1-4,DOD within approximately 5-10 minutes driving time. Access. PD-C(N) centers shall be located only with direct access to, and focused on the intersection o€, streets of a collector or more intensive use category, or on suitable frontage roads adjacent to such streets. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets. c) PD-c(C) : Planned Development Commercial (Community) districts are intended to be built,.around a junior department store or substantial variety store as the major tenant, in addition to a supermarket. Such centers, which do not usually have a full- line department store, normally serve a trade area population of 10-25,000, within 15-20 minutes driving time. Access. PD-C(C) centers shall. be located only with direct access to, and focused on intersections Of streets of an arterial or more intensive use category, or on suitable frontage roads adjacent to such streets. such centers may have secondary access to collector streets. Isccess from minor streets is prohibited, except where such access would not encourage through traffic on such streets. d) PD-C(G): Planned Development commercial (General) districts are intended to be built around a full line department store, in addition to a supermarket and superdrug store. Access. PD-C(G) centers shall be located only with direct access to, and focused on intersections of streets of an arterial or more intensive use category, or on suitable frontage roads ad- jacent to such streets. such centers may have secondary access to collector streets. Access from minor streets is prohibited, except where such access would not encourage through -traffic on such streets. e) PD-C(R): Planned Development Commercial (Regional) Shopping Center districts are intended to be built around one or more full line department stores and to serve a trade population of 125,000-150,000 or more within 25 minutes driving time. Access. ED-C(RSC) districts shall be located only at inter- sections of freeways or at the intersections of arterial streets and controlled access roads or along suitable front age roads adjacent to such streets, if near interchanges. Access from local streets is prohibited, except where such access would not encourage through traffic on such streets. 7-19 i i 7.15.2 Minimum And Maximum Cross Land Area For PD-C Districts districts gross land area required creation of PD-C shall districts and maacimum c,�' be as follows: DISTRICT MINIMUM ACRES MAXIMUM ACRES PD-C(L) PD-C(N) .0 9-9 PD-C(C) 10.0 29.9 PD-C(G) 10.0 NO MAXIMUM PD-C(R) 30.pi NO MAYIKUM i E k R 1 1 1 7-20 0 t 7.15.4 Permitted Princi al And g__C!,s.-ry Uses And structures The principal and accessory uses and structures permitted in PD--C districts are subject to the limitations and requirements set forth. PD-C rezoning may be denied if a proposed center does not Providc a Sufficient zar:ge of establishments to provide for the general needs of the trade area proposed to be served. a) PD-C(L) Districts Permitted Principal and accessory uses and structures in the PD-C(L) districts shall be asset .forth in Article 4 for the Local Commercial I District. k b) PD-c(N) Districts Permitted principal and accessory uses and structures in the pD-C(N) districts shall be as set forth in Article 4 for the Neighborhood co:mnexcial 11 District. c) PD-C(C) Districts Permitted principal and accessory uses and structures in the PD-C(C) districts shall be as set forth in Article 4 for the Commercial III District. d) PD-G(G) Districts Permitted principal and accessory uses and structures in the PD-C(G) districts shall be as set forth in Article 4 for the General Commercial IV District. 7.15.5 Hei ht Limitations Maximum height of buildings shall be as set forth in Article 5 and Article 6.4.2. 7.15.6 Pedestrian-L.d Lads..PmoARumt An area equal to at least .20 times the net land area of the district shall be reserved for pedestrian use and landscaping, and shall be improved and maintained accordingly. Such area may include covered malls for general pedestrian use, exterior walkways, play areas for children, outdoor seating areas and the like where the facilities are available for common use by tenants and visitors. Improved deck and roof areas may be included as such common area. I t i I E 7-21 J}� E f I 7.15.,7 Off-Street Parkin ; Loadin Requirements Off-street parking shall be provided as required by Article 10. Off-street loading shall be provided with area location and design appropriate to the needs of occupants of the district and protection of adjacent property from adverse effects. No space designated as required off-street loading space or maneuvering, room for vehicles being loaded or unloaded. 7.15.8 UnderSEound Electrical and Tele htsne Utilities Electrical and telephone distribution and service lines shall be underground in any PD-C district. k 7.15.9 S£ n Limitations Signs in PD-C districts shall be erected as required in article 9. Insofar as reasonably practicable, no signs in PD-C districts shall be oriented toward nearby residentially zoned districts. 7.15.10 Site Plannin a) External Relationships 1� Orientation of permitted uses and structures shall be toward streets other than adjacent minor streets in residential neighborhoods, and away from such neighbor- hoods whether or not the district is separated from residential areas by streets; 2. Vehicular and pedestrian access. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turn-out lanes, frontage streets, and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need. Whether required or provided voluntarilyr such merging and turn-out lanes, frontage streets and/or traffic dividers may be included as part of the required yard adjacent to the street, provided, however, that no such lanes, streets or dividers shall be located in any part of any required landscaped yard established as required in Subsection 3. 7-22 r Pedestrian access may be provided at any suitable locations within the district, but shall %,:here practicable be separated from vehiculax access points in order to reduce congestion, marginal friction and hazards, except whence signalization is used in such a manner as to control pedestrian and vehicular movements safely; s 3. External yards with a minimum width of thirty five feet shall be provided along all property lines at edges of PD-C districts except where such districts adjoin other commercial or industrial districts- Landscaping traversed b permitted vehicular accessways,�shall traversed by Pe be as provided below: I a) Along collector or arterial streets or frontage streets, except in areas described at (b), below, the nearest fifteen feet to the right-of-way shall be maintained in landscaping, which, may include walkways, unless turn-out or merging lanes are provided, in which case the nearest ten feet to the turn-Out or merging lane shall be landscaped, The remainder of such yard may be used for off-street parking; b) where sideyards in residential districts adjoin the PD-C district without an intervening street, the nearest fifteen feet to the zoning LOundary line within the pD-C district shall be maintained in landscaping, not including walkways other than contin- uations of sidewalks along the street, for a distance equal to minimum front yard depth required in the adjoining residential district, and no vehicular access or parking shall be permitted in such landscaped area; C) where lots in residential districts face a PD-C district across minor streets, the nearest ten feet to the right-of-way within the PD-C district shall be maintained in landscaping and no off-street parking shall be permitted in such area. Vehicular and pedestrian access through such landscaped strip shall i be only where provided for convenience of residents of adjoining residential area, and shall not be so located or provided as to encourage general public f access or through traffic on local residential streets; i d) In all other yards, except where adjacent to cOmmercial or industrial districts, the nearest ten feet to the district boundary shall be maintained in landscaping, including walkways, except for permitted vehicular permitted I accessways and no off--street parking shall be in such area. 7-23 i I �� r In general, landscaping as required above shall be of a nature which conceals extensive parking areas, service areas within the district, and other undesirable views into the district, where such concealment is reasonably practicable, but shall not create hazards to automotive traffic or pedestrians by reducing visibility at inter- sections within or adjoining the district. Where deemed necessary for protection of adjacent property against the adverse effects of noise, lights or undersirable views, fences, walls or hedges of an appropriate character may be required. b) Internal Relationships. In general, the plan shall provide a unified and well-organized arragnement of buildings, service areas,.parking and pedestrian and landscaped common areas providing for maximum comfort and convenience of visitors and occupants. Commercial buildings shall be so.grouped in relation to parking areas that after visitors arriving by automobile enter the walk- way system, establishments can be visited conveniently with a minimum of internal automotive movements. Facilities and access routes for deliveries, servicing and maintenance shall be so located and arranged as to prevent interference with pedestrian traffic in the development. Service stations, if provided, shall be so located that operations do not interrupt pedestrian or traffic flows in other parts of the center- Loading zones where customers pick up goods shall be so Located and arranged as to prevent interference with ,pedestrian movement within the development. s 7-24 n - i 7.16 PD-OT: Planned Development-Office and Institutional Districts The following regulations and requirements apply to PD-OT: .Planned Development Office and institutional Districts. 7.16.1 PD-01 Districts: Defined, Intent, ['*here kermit-tcd PD-01 districts may hereafter be established in accor- dance with the general procedures and requirements set forth in Section 7.4 through 7.9. Such districts are defined as planned development districts for es- tablishment of complementary groupings of office and institutional uses. 'Where existing developments exist, are proposed and previously approved developments are { (in progress, which aer of nature substantially in accord with the intent of these regulations, they may be rezoned to PD-01 status, and shall thereafter be subject to the regulations and requirements for such districts. it is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the Land Use Plan and the orange county Thoroughfare Plan and in accord with standards set forth herein. It is further intended that PD-01 development shall be scaled, balanced and located to reduce general traffic congestion by providing employment close to principal places or residence: and convenient ped- estrian circulation systems and mass transit devices to further reduce need for private automobiles. Within such districts, it is intended that uses shall be arranged horizontally and vertically: 1) That major vehicular flows and other disquieting in- fluences be so separated from residential areas as to protect privacy and tranquility; 2) That general commercial and service uses be concen- trated for maximum pedestrian convenience and located for easy accessibility by workers and visitors arri- ving by mass transit; and Where such districts adjoin residential neighborhodds, it is intended that arrangement of buildings, uses, open space and vehicular access be such as to provide appro- priate transition and reduce potentially adverse effects. 7-25 5 7 7.16.2 Permitted Principal Uses And Structures Permitted Principal and accessory uses and structures shall be according to Article 4, as set forth for the 01•-1 districts. 7.16.3 Permitted Intensity Of Development The requirements and limitations that apply within PD-OX districts are established in Article 5 and Article 6. 7.16.4 Height Limitations i Height limitations within PD-01 districts shall be as established in Article 5 and Subsection 6.4.2. 7.16.5 Setbacks RB aired Ad'acent To Residential Districts Where PD-01 districts adjoin residential districts without an intervening street Or alley, a setback at least twenty feet in width, if a rear yard shall be provided along such joint boundary. Setbacks required above shall not be used for parking nor shall they be used for driveways serving five or 1 more parking spaces. i i 7.16.6 Site Planning- a) External Relationships Relation of the district to surrounding areas shall he as provided for PDH distii.cts at Section 7„14.3 External Relationships; Subsection (1) Principal Vehicular Access Points; Subsection (2) Access for Pedestrians and cyclists; Subsection (3) Protection of Visibility; Subsection (4) External Yards, Subsection (5) yards, Fences, Walls ar Vegetative Screening; i Location of Uses in Relation To Adjoining Residential Districts. Where a PD-OI district adjoins any residential g district, with or without an intervening street or alley s to the maximum extent reasonably practicable nonresidential uses and signs shall be located or oriented away from the residential district. i 7-26 5� 1 0 0 b) Internal, Relationships The site plan shall provide for safe efficient, convenient and harmonious groupings of structures, uses, facilities and open spaces in a manner facilitating ,pedestrian move- ment between major origins and destinations within and adjacent to the district with a minimum of conflicts with vehicular traffic. in particular- r 1) Pedestrian systems and open space net. Pedestrian systems through buildings shall relate to a network of exterior open spaces reserved for pedestrian use and enjoy- ment. Interior and exterior pedestrian ways shall be scaled for anticipated traffic and form a convenient pattern connect- ing major concentxation of uses within the district, and shall connect to principal mass transit stops within and outside f the district. 2) Street, Parking Areas and Service Areas. Shall be so located and designed as to separate private vehicular use within the district from principal pedes- trian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings. 7.16.7 Sian Limitations The .following limitations and requirements shall apply to signs in PD-01 districts. 1) General Advertising Signs Prohibited. General, advertising signs are prohibited in PD-OI districts. 2) Limitations on Signs Intended to be Read From outside the District, or from Public Streets Within the District No signs Intended to be read from outside the district, or from public streets within the district, shall be permitted except as indicated below. Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings and groups within the district, or to signs or sign structures erected by the Town. 7-27 a 3) General Identification Signs for the Development as a Whole Shall be permitted as follows: one sign structure, not exceed-- ing twenty feet in height, and having not more than two sign surface areas, each limited to twenty square feet, may be erected inside or outside required setbacks adjacent to public streets, provided that no such sign shall overhang any public way or be'so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional information, but shall contain no advertising matter. A) Minor directional Sign Structures Having not more than two sign surface areas, each limited to four square feet may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such i signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given. 5) Identification Signs for Major Buildings or Complexes Shall be erected only upon the walls of buildings, and shall not project more than three feet beyond the wall upon which mounted, nor above the lower roof line. only one such sign shall be permitted for each face of the building visible from a public street other than a minor residential street. The area allotment for any such signs shall be five percent of the surface area of the building on the exposure involved, up to a maximum of one hundred square feet. Such signs shall indicate only the name of the building or complex and the nature of the establishments therein. b) Signs Identifying Individual Establishments or Offices From a public street shall be permitted as follows: a) one sign mounting, attached to the wall of the building, and containing not more than two sign surfaces, each with a max- i imum surface area of thirty square feet. Such signs shall not project more than three feet from the wall to which attached or extend above any lower roofline, or in any case above a height of twenty feet above ground level. i b) one identification sign, not exceeding two square feet in area, shall be permitted on each display window, and on each principal entrance. c) One double-surfaced identification sign, with each surface limited to two square feet, shall be permitted over each principal entrance. Unless suspended from a marquee, such i sign shall not project more than three feet from the wall of the building. 1 Y i ,J d) where marquees or awnings are provided, one identification sign, .single or double-face, with area per .face limited to two square feet, may be displayed on the street side, and one perpendicular to the building, for every twenty feet of building frontage, provided that spacing shall be arranged so that signs on adjacent establishments are not masked. ti 7-Z9 v.• 7.17 Planned Development-Industrial. Districts The following regulations and requirements apply to PD- T; Planned Industrial districts. 7.17.1 PD-I Districts: Defined, intent, where Permitted a) PD-I districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4 through 7.9. Such districts are defined as planned development districts for establishment of compli- mentary groupings of related Industrial Activities. It i.s the intent of these regulations to provide for develop- ment of such districts as.locations appropriate in terms of the Land Use Plan and,:.he Orange County Thoroughfare Plan and in accord with„standards set forth herein. it is further intended that PD-I districts shall: 1) Encourage concentration of complementary uses grouped adjacent to streets serving large traffic volumes, provid- ing well planned development on sites with adequate frontage and depth to permit controlled access to streets and reduce marginal traffic friction; 2) Serve as an alternate to further extensions of industrial zoning allowing disorderly strip development; and 3) Protect stability and property values in surrounding residential neighborhoods. b) Minimum Area Required for Establishment of District_ Access Requirements. No such district shall be established with a net land area of less than two acres, with width and depth adequate for the plan proposed but with at least two hundred feet of .frontage on a arterial street. c) Permitted Principal and Accessory Uses and Structures Permitted principal and accessory uses and structures shall be according to Article 4 and the corresponding zoning districts„ In addition applications for amendments to PD-I zoning streets may be denied if the proposed district does not contain facilities deemed complementary and compatible or if a particular group of uses, in themselves complementary and compatible, would be inappropriate in the location pro- posed because of the character of surrounding development and/or zoning. E I 7-30 I i d) Floor Area Limitations Maximum floor area permuted in any PD-I district small be as established in Article 5.2.4 for the corresponding zoning district. e) Height Limitations s Maximum height of buildings shall be as established in Article 5 and Subsection 6.4.2. f) Pedestrian and Landscaped Common Area Requirements in general, pedestrian and landscaped common area require- ments shall be as established in section 5.2.4, provided, however, that the Planning Board may recommend, and Board of F Con=issi.oners require, lesser amounts of pedestrian and land- scaped common area where the type of uses involved and the location in relation to adjoining development and zoning justify such reduction but in no case shall such area require- ment be reduced to less than .10 times the net land area of the district. g) off-Street Barking and Loading Requirements Off-street parking and loading requirements shall be as established in Article 10. Provided, however, that the Planning Hoard may recommend, and Board of Commissioners require, lesser amounts of off--street parking space where the type of uses involved, or combined use of parking areas, clearly justifies such reduction. h) Underground Electrical and Telephone Utilities Electrical and telephone service lines shall be underground in any PD-HC district. i) Sign Limitations Sign limitations shall be as provided for PD-5C districts at Subsection 7.15.9 j) site planning Site planning considerations and requirements shall be as provided for PD-SC districts at Subsection 7.15.10. 7-31 S r. a 1 7«i8 PD-MU. Planned Develn ent-Mixed Use Districts The following regulations and requirements apply to PD_ MU- planned Development-Mixed Use Districts. 7.76.1 PD-MU Districts: Defined. Intent, where Permitted a) PD-MU districts may hereafter be established in accordance with the general procedures and requirements set forth in Sections 7.4 through 7.9. Such districts are defined as planned development district for establishemnt of com- plementary groupings of residential, commercial and office uses. Where existing developments exist, or proposed previously approved developments are in progress, which are of a nature substantially in accord with the a intent of , and these regulations, they may b shall thereafter be subject to the regulations and require- ments for such districts. It is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the Land Use Plan and the orange County Through-- fare Plan, and in close proximity to mass transit facilities, in accord with standards set forth herein« It is further intended that PD-MU development shall be in complexes within which mutually-supporting residential, com- mercial and office uses are scaled, balanced and located to reduce general traffic congestion by providing housing close to principal destinations, and convenient pedestrian circulation systems and mass transit devices to further reduce need for private automobiles. Within such districts, it is intended that uses shall be arranged horizontally ar vertically: 1) That residential uses be so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility; or 2) That general commercial and service uses be concentrated for maximum pedestrian convenience and located for easy accessibility by residence 6f the district, workers within the district, and visitors arriving by massitraniit, and that commercial frontage is uninterrupt�d by office uses; and 3) That major office uses be so located as to be convenient to { mass transit. Where such districts adjoin residential neighborhoods, it is intended that arrangement of building uses, open space and vehicular access be such as to provide appropriate transition and reduce potential adverse effects. 7-32 t a b) Permitted Principal Uses ar:d Structures Permitted Principal and Accessory Uses and Structures shall be according to Article 4 and the corresponding zoning districts for the residential uses in a PD-14U district. The commercial rases in a PD-MU shall be according to Community Commercial District in Article 4, in addition applications for amendments to PD-MU district may be denied if the proposed district does not contain facilities deemed complementary and compatible or if a particular group of uses, in themselves complementary and compatible, would be inappropriate in the location proposed because of the character of the surrounding develop- ment and/or zoning. i c) permitted Accessory Uses and. Structures Uses and structures which are customarily Accessory and clearly incidental to permitted Principal Uses and structures shall be permitted in this district. d) Land Use Intensity Ratings and Related Requirements The same requirements and limitations set forth at Article 5 for PD-g districts shall apply to PD-MU districts, with the following adaptations for uses other than residential: 1) Gross Land Area Gross land area required for form?tiOD Of the district shall include land for all uses within the district, rather than land for residential uses only. 2) Floor Area Floor area, as limited by application of the floor area ratio to land area, shall include total floor area, less exclusions generally permitted, rather than residential floor area only. 3) Pedestrian and Landscaped Common Aeras For uses other than residential, the same aarount of area shall be required in pedestrian and landscaped areas as would be required as liveability space for a residential use. in relation to nonresidential uses, such space may include covered amlls for general pedestrian use, as well as exterior walkways, play areas for children, outdoor seating areas and the like. When covered malls are so included, they shall be excluded in computing floor area. 4) Recreation Space Recreation space shall not be required except in connection with residential uses. 7-33 S 5) Off-Street Parking For uses other than 'residential, off--street parking shall be provided as required in Article 9. 6) Minimum Yard Requirements Adjacent to public Streets Minimum front yards adjacent to public streets shall be thirty feet. 7) Yards required adjacent to Residential Districts Where PD-MU districts adjoin Residential districts without an intervening street or alley, a yard at least twenty feet in width, if a sideyard, or depth, if a rear yard, shall be provided along such joint boundary. 8) Restrictions on vehicular use of yards required adjacent to public streets Yards required above shall not be used for parking and yards required above adjacent to Residential districts shall not be used for driveways serving five or more parking spaces. e) Site Planning -External Relationships Relation of the district to surrounding areas shall be as provided. for PD-H districts at Section 7.14.3 External Relationships; Subsections 1, Principal Vehicular Access Points; 2, Access for Pedestrians and cyclists; 3, Protection of Visibility; 5, Yards, Fences, Walls or''Vegetative Screen- ing, and 6, Height Limitations. 1) Requirement for mass transit access. No PD-MU district shall be created except where mass transportation or direct access to an arterial street is available, or is made available, at convenient locations- at the edges of or within the district. Such mass transportation shall be at a scale and of a character suited to the needs of occupants and visitors. 2) location of Uses in Relation to Adjoining Residential Districts where a PD-MU district adjoins any Residential district, with or i without an intervening street or alley, to the maximum extent reasonably practicable, residential uses within the PD-MU district shall be located'adjacent to the Residential district, and nonresidential uses and signs shall be located or oriented away from the Residential district. £) Internal Relationships The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, facilities and � open spaces in a manner facilitating pedestrian Frovement between major origins and destinations within and adjacent to the district with a minimum of conflicts with vehicular traffic. In particular- 7-73A I 1) Pedestrian systems and open space net. Pedestrian systems through buildings shall relate to a network of exterior open spaces reserved for pedestrian use and enjoyment. interior and exterior pedestrian ways shall be sealed f'or,anticipated traffic and farm a convenient pattern connecting major concentrations of uses within the district, hnd shall connect to principal mass transit stops within and outside the district. 7-35 i 2) Streets, Parking Areas and Service Areas Shall be so located and designed as to separate private vehicular use within the district from principal pedestrian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings. 3) Relationship of uses Shall be such that major commercial and service establish- ments are grouped for maximum pedestrian convenience along frontages uninterrupted'by residential or general office occupancies. Residential or general office uses may either be in separate areas within the district, or may be separated vertically from commercial and service concourses. 4) spacing of Buildings or Portions of Buildings Shall be as provided at Section 6.12.3 g) sign Limitations The following limitations and requirements shall apply concerning signs in PD-MU district. 1) General Advertising Signs Prohibited General advertising signs are prohibited in PD-MU districts. 2) limitations on Signs Intended to be Read from Outside the District, or from Public Street within the District. do signs intended to be read from outssde the district, or from public streets within the district., shall be permitted except as indicated below. Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings or groups within the district, or to signs or sign structures erected by the county or authorized for display of public notice. 3) General Identification Signs for the, Development as a whole Shall be permitted as follows. One sign structure, not exceeding thirty feet in height, and having not more than two sign surface areas, each limited to sixty square feet, may be erected inside or outside required yards adjacent to public streets, provided that no such sicn shall overhang any public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional information, but shall contain no advertising matter. 7_7r :1 4) Minor Directional Sign Structures Having not more than two sign surface areas, each 3j.mited to four square feet may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given. 5) Identification Signs for Major Buildings Or Complexes Shall be erected only upon the walls of buildings, and shall not project more than three feet beyond the wall upon which mounted, nor above the lower roofline. Only one such sign shall be permitted for each face of the building visible from a public street other than a minor residential street, except that where the length of such face of the building exceeds one hundred fifty feet, a second sign shall be permitted. Minimum area allotment for any such signs shall be one hundred square feet, or two percent of the surface area of the building on the exposure involved, up to a maximum of three hundred square feet. Such signs shall indicate only the name of the building or complex and the nature of the establishments therein. 6) Signs Identifying Individual Commercial or Service Establishments or Offices rrom public streets shall be permitted as follows- a) One sign mounting, attached to the wall of the building and containing not more than two sign surfaces, each with maximun, surface area of thirty square feet. Such signs shall not project more than three feet from the wall to attached or extend above any lower roofline, or in any case above height of twenty feet above ground level,. b) one identificatton sign, not exceeding two square feet in area, shall be permitted on each display window, and on each princi- pal entrance. c) one double-surfaced identification sign, with each surface limited to two square feet, shall be permitted over each principal entrance. Unless suspended from a marquee such sign shall not project more than three feet from the wall of the building. d) Where marquees or awnings are provided, one identification sign, single or double:face, with area per face limited to two square feet, may be displayed on the street side, and one perpendicular to the building, for every twenty feet of building frontage, provided that spacing shall be arranged so that signs on adjacent establishments are not masked. 7-37 i ARTICLE a. SPECM USES 8.1 Intent it is the intention of the Board of county Commissioners to create, and from time to time amend, a list of Special. Uses within Article 4, Permitted Use Table which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation. The Board of county Commissioners is aware of its responsibility to protect the public health, safety and general welfare and believes that certain uses which now or in the future may be included on this list are appropriately handled as Special Use's, subject to review in relation to general and specific require- ments, rather than as uses permitted by right. ; In addition to the listing of such uses, the Board of County Commissioners intends that the general standards, established in section 8.2, and the more specific requirements, below shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as approPrie, to direct deliberations upon applications for the approval of Special Uses. It is the express intent of the Board of County Commissioners to delineate the areas of concern connected wth each Special Use and to provide standards by capplications for such special Use shall be evaluated. 8.2 General Standards The following general standards shall be met by all applicants for approval of Special Uses: a) The use will promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; b) The use, which is listed as a Special Use in Article 4, for the district in which it is proposed to be located, complies with all required regulations and standards, isicluding the provisions of Articles 5 and 6 of this ordinance, unless greater or different regulations are contained in the individual standards for the specific Special Use; c) That the use will maintain or enhance the value of contiguous property, or that the use is a public necessity; d) That the use is in compliance with the general plans for the Physical development of the County as embodied in these reg- ulations or in the comprehensive Plan, or portion thereof, adopted by the Planning Board and by the Board of County Commissioners. 8-1 k. The Board of Adjustment, or the Board of County Commissioners, as appropriate, shall make these general findings based upon substantial evidence contained in its proceedings, it shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the lake to support the application for approval of a special Use. 8.3 Establishment of Classes Of S ecial Uses; Authorit To A rove Or 1]isapprove There is hereby established two classes of Special Uses which shall be approved or disapproved as shown: Class A -- Approved or disapproved by Board of County Commissioners ! Class B - Approved or disapproved by Board of Adjustment 8.4 Procedure For Submission And Consideration Of Dlications For A roval Of 8 ecs 8.4.1 A lication Submitted Tn Zonin Officer Application for approval of Special Uses shall be filed with the Zoning officer, who shall, before accepting any application, ensure that it contains all required information, as specified elsewhere in this Article. Applications which are not complete, or otherwise do not comp7.y with the provisions of this Article, shall not be accepted by the Zoning Officer, but shall be returned forthwith to the applicant, with a notation by the Zoning Officer of the deficiencies in the application. 8.4.2 Plannin Director Prepares Anal sis And Recommendations The Zoning officer shall, within thirty days of the receipt of the application by the Zoning officer, cause an analysis to be made of the application and, based upon at analysis,Cprep Ae a recommendation for consideration by, Special Uses, the Planning Hoard and the Board of County Com- missioners and, an the case of Class B special Uses, the Board of Adjustment. The thirty day period may be extended with the written consent of the applicant, up to a maximum of sixty days. 8-2 s. I 8.4.3 Recommendation Submitted To Plann nr Board Or Board of Adjustment The Zoning Officer shall submit P a analysis and reca. n endation the case to the first regular meeting of the in of class A Special Uses or the Board of Adtm�ti 9 the case of Class B special. Uses, at the first regular expiration of the thirty day period specified in 8.4.2 or any extension thereof. ecial Uses 8,4_4 plannin Hoard Action On Class A S The Planning Board, within thirty days of the meeting at which the Zoning Officer's rec- endation is submitted shall prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of the application. Failure of the Planning Bciard to submit a recommendation within favorable recommendation, the required time shall be considered a without conditions. 8.4,5 public Hearin Re ired; Notice S ecified prior to consideration of the application for approval, of a special. Use, a public heaxing thereon shall be held by either i the Board of County Commissioners or the Board of Adjustment, j as appropriate for the classification of the Special Use in- volved. l give p"bolbe held notice tofrece vet comments , The Zoning officer shal and place of the public hearing to the application for approval testimony and exhibits pertaining of a Special Use. i Such notice shall be published in a newspaper of general ` circulation in grange County once a week lshed tnroaat less ethane week the first notice to be p ricer to the data of fifteen no more than twenty-five days, p the hearing. i f i i 8-3 Y ,F a F B.4.6 Action On The _8EaLcation After completion of the public hearing, the Board of County Commissioners or the Hoard of Adjustment, as appropriate, shall take action upon the application. This action shall be one of the following: a) Approval„ b) Approval with conditions attached; c) Denial. in every case, the action of the Board shall, include a summary of the evidence supporting the action taken by it on the applicaiton, 8.C7 Impos ed conditions The Board of County Commissioners and the Board of Adjustment, as appropriate, may impose such reasonable conditions upon approval of a Special use as will afford protection of the public health, safety and general welfare, ensure that sub- stantial justice is done: and equitable treatment provided. Such conditions shall run r:it]s thr. land and shall be binding on the original applicant(s) as well as all successors, assigns and heirs. 8.5 Action Subseauent To The Board Action The Zoning Officer shall cause notice of the disposition of the application to be sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning Officer. The Zoning officer, in the case of approval or approval with conditions, shall issue the necessary permit in accord with the Board's action. 8,6 Contents Of A plication kar A proval Of A S eel The application for approval of a special Use shall be sub- mitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, ap- pearance, and operational characteristics shall be disclosed. Additionally, the forms shall, when completed by the applicant disclose the name(a) and address(es) of the owner(s) of the property involved, the name(s) and address(es) of the applicant, if different from the owner(s), and all relevant information needed to show compliance with the general and specific standards governing the Special Use which is the subject of the application. (see Section 8a2) 8-A a g,7 Minor Chan es Ta Be An raved B Zonin officer; Modifications Lip-Mire Iq Board The Zoning p£ficer is authorized to approve 'minor changes in the approved plans of Special. Uses, as long as they are in Sy with action of the approving Board, but shall not have the power to approve changes that constitute a madifi- cation of the approval. A modification shall require approval of the Board having jurisdiction and shall be handled as a new application. 8.7.1 Criteria To Be Used in Determination The Zoning officer shall use the following criteria in determining whether a proposed action is a minor change or a modification., a) Any change in location or any increase in the size or number of signs shall constitute a modification. b) Any increase in intensity of use shall constitute a modification. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in number of dwelling or lodging units, and/or an increase in outside land area devoted to sales, displays, or demonstrations. c) Any change in parking areas resulting in an increase or re- duction of five percent or more in the number of spaces ap- proved by either the Board of County Commissioners or the Board of Adjustment shall constitute a modification. In no case shall the number of spaces be reduced below the minimum required by this ordinance. d) structural alterations significantly affecting the basic size, ng form, Style plant shall bed considered a modification,as shown an the app P e) Substantial change in the amount and/orelocation of openuspace, recreation facilities or landscape modification. f) A change in use shall constitute a modification. g) Substantial changes in pedestrian or vehicular access or circulation shall constitute a modification. 8.7.2 Review of Pecord Required The Zoning officer shall, before making a determination as to whether a proposed action is a minor change or a modification, review the record of the proceedings on the original application for approval of the Special, use. e-5 8.7.3 Action Re iced on Pro sed modificaLiorns The Zoning officer shall, if it is determined that the proposed action is a mortification, require the applicant to file a regnest'for approval of the modification, which shall b . submitted to the body which approved the original applica- tion. The approving body may approve or disapprove the ap- plication for approval of a modification and, prior to its action, may hold a public hearing thereon. i B-6 B.8 Re lations covernin individual s ecial Uses d Glass 8 special Use are The regulations for each Class A an divided generally into two sections: the fixlioationsbeyond additional and specific components of the apw'hile the second those necessary to c"Dly w' Section lia supplementary consists of the specific standards which are o th to the general standards in Section 8.2 and to the required conditions in Subsection 8.4.7. 8.8.1 Extraction of Earth Products (Class A S ecial Case) Extraction of earth products Extraction of Earth products. r solid mattes from their of minerals, ores, soils, or, othe original location. It does solidation not include any processing of such materials ,beyond incidental mechanical con or sorting to facilitate transportation to the site Of use or location of further processing- 8 8.:1.1 Additional Information Zn addition to the information required by Subsection 8.6 the following shall be submitted as part of the application. a) Three copies of site Plan, .prepared by a North Carolina ey or engineer, which shall contain registered land sury the following: l) North point, scale and date. 2) Extent of area to be excavated or missed. 3) Location, width and elevation of all easements and rights of-way within or adjacent to extraction site.es. on site. 4) Location of all existing or proposed 53 Location of all areas on the site subject to flood hazard or inundation as shown by the presence of alluvial. soils. 6} Location of all water courses on feet the site, including of flow. direction of flow and normal fluctuation 7) Existing topography at a contour interval of two based on mean sea level datum• eas for overburden, by- e) proposed handling and storage products and excavated materials-ates, parking, service and 9} proposed fencing, screening and R other areas. nding. 10) Any areas proposed for po 1.1) Access roads to the site, as well as On-sit e roads. with indication of surface treatment to limit dust, b) An Operations Plan which shall include: 1) The date proposed to commence operations and their expected duration. s of operation. 2) proposed hours and day B-7 3) Estimated type and volume of extraction, 4) Description Of method of operation' including the (5is° position of topsoil, overburden and by-products, 5) Description of equipment to be used in the extraction process. 6) Any phasing of the operation and the relationship among the various phases. 7) operating practices which wilirbe�ioelpwetppeatponarith the performance standards applicable (See Subsection c) A Rehabilitation Plan which shall include. 1) A statement of planned rehabilitation of the excavated land, including detailed methods of accomplishment and planned future use of the rehabilitated land. 1 2! A snap showing the final topography, after rehabilitation, to the same scale as Site Plans it shall also depict any water areas and methods for preventing stagnation and pollution thereof, landscaping and ground cover proposed to be installed and the amount and type of back ;ill to be employed, if any. 3) A phasing and timing plan, related to the phasing and timing portion of the operations Plan, showing the progression of the rehabilitation and the date when it will be complete' 4) The method of disposing of all equipment, structures, dikes and spoil piles associated with the operation. d) The name, address and signatures of land owners and applicants. e) A written legal description or survey of the property, prepared by a North Carolina registered land surveyor or engineer. f) A fee, as set by the orange County Hoard of Commissioners. B.8.1.2 Standards For Evaluation The following standards shall be used in evaluating an application for a permit to conduct extraction of earth products: a) All operations associated with the extraction shall conform to the following performance standards: 1) Direct illumination resulting from the operation shall not i fall upon any land not covered by the application. 2) Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards= between 7:00 a.m. and 6:00 p.m. 55 dRA between 8:00 p,m. and 7:00 a.m. 45 d8A 3) Vibration levels at the boundaries of the extraction site shall not exceed the following standards: 8-8 I #i [f I i 7 Maximum Peak Particle Velocity steady state 1.0 inches/second impact 2.0 inches/second Mote.- the maximum particle velocity shall be the maximum displacement vector sums Of three mutually per- pendicular components recorded simultaneously, mul pofed by the frequency in cycles per second. For pub this ordinance, steady-state vibrations are vibrations which are continuous, or vibrations inudiscrete impulssesuses frequent than sixty (60) p r minute, shall be considered which do not exceed sixty (6) per impact vibrations. Maximum air blast vibtatiothe extra measured at the lot lines of the zoning lot containing tive use, shall be 125 decibels on the linear scale. b) The Rehabilitation Plan shall be referred to the Orange County soil and Water conservation District for review and recommendation, which shall not be binding upon the Board of Commissioners, in particular reg arding the landscape material specified, the planting and maintenance proposed to insure continuous growth and development, and e proposals for the handling of lakes, the acceptability of th ponds, etc. C) The permanent roads defined as those to be used in excess of one year, within the excavation site shall be surfaced with a duct free material such as soil cement, bituminous concrete or Portland Cement concrete en from the located road to the yard area. Also, all permanent land shall treated within 300 feet of residentially be the same. d) Roads other than permanent roads shall be treated withi dust inhibitors, to be specified the1generationIofodustlfrom the will reduce to a minim= road surfaces operated water wagons fshall be an acceptable ptable� m method . Poly °p of dust inhibition- e) Where the proposed extraction shall take place within 300 feat of a dwelling, school, church, hospital, commercial. or industrial building, public building, or public land, a security fence at least six feet high shall be installed. f) Spoil piles and other accumulations of by-products shall not be created to a height more than forty feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of repose. g) The Operations Phan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept Sato the absolute minimum consonant with g that rehabilitation proceeds in concert with extraction. 8»9 h) The Board of Commissioners shall require for all extractive uses a performance guarantee to insure that the provisions of the Rehabilitation Plan are met. Such performancnttorneX guarantee shall be in a form approved by the County and shall, it the forms of Rehabilitation Plan are not met, enable the County to do so. B.9.2 Land£ _(Cla end Cass B S ecial Use 8.9.2.1 Additiaz�al Re irements In addition to the basic information required by Section the following information shall be supplied as part of the application: I a) Three copies of a Siteooxreng neera C prepare by a North which shall or registered land survey . the following: 1) North point, scale and date; 2) Extent of area to be filled. 3) Location, width and elevation of all easements and rights- of-way within or adjacent to extraction Location on site; q} Location of all existing or propc 5) Location of all areas on the site subject to flood hazard or inundation; 6) Location of all water courses on the site, including direction of flow and normal fluctuation of flow: 7) Existing topography at a contour interval or one foot, based on mean sea level datum: tent a£ overburden, g) Typical cross sections showing extent of fill and water table elevation, based on mean sea level datum: areas for overburden, by- products Proposed handling and storage products and fill materials; arkin service 10) Proposed fencing, screening and gates; p g. and ether areas; nding: and 11) Any areas proposed for po 12} Access roads to the site, as well as an-site roads, with indication Of surface treatment to limit dust. I b} An Operation Plan which shall include: i 1} The date Of commencement of op erations and their expected duration. 2) Proposed hours and days Of operation. 1 3) Complete description of operation, including source of materials, method Of compaction, type of sealing proposed, type and number of equipment to be used, among phases. i 4) Any phasing of OPerato be and relationship 5) operating practices t 8,2.2.ensure compliance with pe i I i f B-10 k c) A Rehabilitation Plan which shall include: 1) A statement of planned future use of site, including de- tailed methods of accomplishment. 2) A map, to the same scale as the Site Pled ground showing cover pro- posed proposed topography, landscaping posed and any drainage or other structures proposed, 3) A phased plan of rehabilitation, related to the operations plan, showing how the rehabilitation will relate to the fill operations and the date of final completion. 8.8.2.2 StandardsOf Evaluatlo The following standards shall be used in evaluating an ap- plication for a permit to conduct a sanitary fill: 1) All operations associate !with the fill shall conform to the following perforamnce standards: a) Direct illumination resulting from the operation shall not fall upon any land not covered by the application. b) Equivalent e levels t shall not exceedthefollowingdstandards e fill between 7:00 a.m, and 8:00 p.m. 55 dBA between 8:00 p.m. and 7:00 a.m. 45 dBA c) Vibration levels at the boundaries of the fill site shall not exceed the following standards: Maximum Peak Particle Velocity steady state l,o inches/second impact 2.6 inches/second Note: The maximum particle velocity shall be the maximum ums of three mutually perpendicular displacement vector s simultaneously, multiplied by the components, recorded frequency in cycles per For purposes of this ordinance, steady-state vibrations are vibrations which are continuous, or Vibrations i .nute. discrete impulses more frequent than sixty (60) p mi Discrete impulses which do not exceed sixty (60) P er minute, shall be considered impact vibrations. 2) The Rehabilitation Plan shall be referred to the Orange County Soil and Water Conservation District the landscape and recommendation, in particular regarding material specified, the planting and maintenance proposed to ensure continuous growth and development, and the acceptability of the proposals for the handling of lakes, ponds, etc. 8--11 1 ' 3) The permanent roads, defined as those to be used in excess of one year, within the fill site shall be surfaced with a dust free material, such as soil. cement, bituminous concrete or Portland Cement concrete. 4) oads other than permanent roads shall be treated with R dust inhibitors, to be specified in the Operations Plan, which wilt reduce to a minimum the generation of dust from the road erateed water wagons are�acceptable cmeans a action- Properly Properly p dust inhibition. 5) Where the proposed fill shall take place within 300 feet of a dwelling, school., church, hospital, commercial ra industrial building, public building, or Pte! security fence at least six feet high shall be installed» 6) The Operations Plan and the Rehabilitaitan Plan shall e coordinated so that the amount of disturbed l practices and to the absolute minimum consonant with good p so that rehabilitation proceeds in concert with fill. Public 8.8.3tchant1StationsTeleAhone Ex substations chan es (Class A Specials, Use) 8.8.3.1 Additional Information in addition to the information required by Subsection 8.8.1.1. the following shall he submitted as part of the application: a) A Site Plan showing siting and size of al1 existing and proposed topography at a contour interval o£ five feet and any officially designated floodways and £loodplaina, or the presence of alluvial soils. b) plans, elevations and perspectives for all proposed structures and descriptions of the color and :nature of all exterior materials. c) A landscape Plan shProposedttees, the Plan, existing and Proposed materials. cover and other landscape 8.8.3.2 Standards O£ Evaluation The fallowing standards shall be us these Special Uses:u�n an application for apP a a) Where a building is involved and it is proposed to be located in a residentially zoned district, it shall have the appearance of a residential building- B-12 b) such uses shall be screened from adjacent uses by walls, landscape materials, berms or a combination thereof Orange accordance with specifications for screening in the County Zoning ordinance. B.B.4 Group Cate Facilit (Class H S ecial Use) B.B.4.1 Additional Information in addition to the information required by Subsection 8.8.7..1 the following shall be supplied as part of the application: a) A description of the type of persons to be cared for and the nature of the care to be provided. b) if structural alterations to existing structures or new construction is required, a complete description of the nature and extent of these alterations or new construction. 8,6.4.2 Standards of Evaluation The following standards shall be used in deciding an application for approval of this uses a) ing FramillyeCare use facility oorkGrouppCarefeet exist- in facility- b) Structural alterations shall be of such a nature as to preserve the residential chazact:er of the building. C) if a state license or permit is required to operate such a facility, the standards necessary to qualify for such a permit have been met. g,8.5 Pami1 Care Facilit (Cl,ass 8 S ecial Use) 8.8.5.1 Additional Information In addition to the information required by Subsection S.B.1.1, the following shall be supplied as part of the application: a) A description of the type of persons to be cared for and the nature of the care to be provided- 8--3.3 b) If structural alterations to existing structures or. new construction is required, a complete description of the nature and extent of these alterations or new construction. 8.8.5.2 Standards Df Evaluation I The following standards shall be used in deciding an application for approval of this use' a) The proposed use is not within Soo feet of another existing Family Care facility or Group Care facility. b) Structural alterations shall be of such a nature as to preserve the residential character of the building. c) if a state license or permit is required to operate such • facility, the standards necessary to qualify for such • permit. 8.8.5 RESERVED 8,8.7 RESERVED 8.8.8 Gene al Aviation Airports Klass A S ecial Use) r 8.8.8.1 Additional Information In addition for the information required in Subsection B.B.1.1, the following shall be submitted as part of the application: a) A copy of the State Airport Systems Plan showing the pro- posed site in relation to adopted state policy, b) A copy of the adapted Regional Airport Systems Plan. c) A configuration diagram depicting and the layout of ruit` ways, taxiways, approach d) Isosonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site. B.B.S.2 Standards of Evaluation a) The proposed site conforms to the State Airports System Plan and the Regional Airport. System Plan, b) The site and its operation will not adversely affect existing adjacent land uses. c) Land sufficient to provide approach eaand overrun areas is owned or controlled by applicant. 8.8.9 Adult Uses (Class A S ecial Use) 8.8.9.1 Additional Information In addition to the information required by Section 8.8.1.1, the following information shall be supplied as part of the application: a) Elevations of the building as proposed. b) A site plan showing the lot, with all existing and proposed buildings thereon and showing the distance to the nearest existing adult use, if within 1000 feet. 8.8.9.2 Standards of Evaluation The following specific standards shall be used in dgci.ding an application for approval of this class of use: 1) All windows, doors, openings, entries, etc- for all adult uses shall be so located, covered, screened or otherwise treated that views into the interior of the establishment are not possible from any public or semi-public area, street or way. 2) No adult use shall be established within 500 feet of any residentially zoned land, nor within 500 feet of any church, school, park, playground, synagogue, convent, library, or areas where large numbers of minors regularly travel or congregate. l) No adult use shall be located within a 500 foot radius of another adult use. 8.8.10 Junkyards (Class A Special Use) 8.8.10.1 Additional information In addition to the information required in 8,B.1,.1, the following additional information shall be submitted as part of the application: a) Detailed plans and specifications for the site screeing proposed.. b) Description of type and number of motorized machines to be employed upon site. 8.8.10.2 Standards of Evaluation a) The site shall be ,screened from adjacent property by a minimum of an eight foot high solid fence or equ interrupted except for required vehicle access points. 8-15 8.8.11 Kennels (Class 5 ecial Use) 8.8.11,1 Additional Information In ad8ition.to the information required in 8.8.1.11 the following shall be submitted as part of the application: t a) Plans for all kennels, exercise yards, pens and related improvements. b) Site plan showing the improvements listed in a) for other structures on the same lot and in relation to surrounding properties. 8.8.12 RESERVED 8.8.13 RESERVED 8.8.19 RESERVED 8.6.15 Cemeteries (Class B S ecial Use) 8.8.15.1 Additional Information In addition to the information required by Subsection the following information shall be supplied as part of the application: a) Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C. Cemetery commission shall be met. 8.8.15,2 Standards of v'alnation The following specific standards shall be used in deciding an application for approval of this use: a) A minianum lot size of two acres is provided. b) The side shall have direct access to a collector or arterial street. c) There shall be adequate space within the site for the parking and maneuvering of funeral carteges. d) No internments shall take place within thirty feet of any lot line. 8-16 i 8.8.16 Aay Nurseries And Private Kindergartens (Class B S ecia1 Use) 8.8.16.1 Additional Information In additian,to the information required by Subsection 8.8.1.1. the following shall be submitted as part of the application: a} Evidence that the minimum requirements to qualify for a State of North Carolina license have been satisfied. b) A Site Plan showing the existing and proposed structurest waiting, service, recreation and other areas, E 8.8.16.2 Standards For Evaluation The following standards shall be used in deciding on an application for this use: site as well as adequate a) Adequate access to;and from the space for pickup and discharge of children, off of the public right-of-way has been provided. b) Outdoor recreation areas are es enclosed with a fence to protect adjacent prop 8.8.17 Radio And Television Transm�ttin And Receivin Towers Water Treatment And Sanita Sewa a Treatment Plants And Elevated Water Store a Tanks (Class I S cial Use} 8-8.17.1 Additional lnformation in addition to the information required as subsection 8.8.1.1 the following shall be the application: ' ting a) A Site plan showing siting and size of all existopagraphy and proposed structures, existing and proposed at a contour interval of five feet and any Officially designated floodways and £loodplains, or the presence of alluvial soils. b) plans, elevations and perspectives A for all proposed structures and descriptions of the color and nature of all exterior materials. c) A Landscape plan showing, at the same scale as the Site Plan, existing and proposed trees, plus shrubs, ground cover and other landscape materials. 8--17 B.B.17.2 standards of Evaluation The following standards shall be used in deciding upon an application for approval: a) Adequate provision has been made, by means of fencing or otherwise, for the security of the site, I be adequate for the proposed use. b} A minimum lot size shal c) Adequate provision has been madoo£the protection Of adjacent property from the dang ers flooding or other menaces to public health and safety. Special Use) 8.8.18 Portable And Tem ra Buildin s (Class 8 i 8.8.18.1 Additional Informatiari in addition to the.'infcrmation required by subsection B.8..1.1 the foll owing shall be submitted as part of the application- showing all existing and proposed structures a) Site Plan on the site, existing and proposed topography, at a contour interval of five feet, existing and proposed landscaping and any officially designated floodplai.ns and flaodWays, xterior materials, color and b} A description of the e construction details. 8„8.18.2, Standards O£ E:raluation The following standards shall be used in deciding on an application for this use: a) The portable building shall not be used for residential purposes. b} The requirements of Articles 4. 5. a and 9 of this ordinance have been met. c) The portable building shall not be used by operations offering drive-in services. r �t 8.$.19 Electric, Gas And ii id Fuel. Transmission Lines (Class 8 Special Use) 6.8.19,1 Additional. Information In addition to the information required by Subsection B.B.1.1, the following shall be submitted as part of the application: a) A site Plan showing all existing and proposed structures within the site of the line, as well as all existing structures within fifty feet of the boundaries of the sate. officially designated floodways anf floodplains shall also be depicted. b) A plan of erosion and sbd9ment controls for the site. ; c) Typical cross sections for the installation showing elevation of all structures and existing artd proposed topography. d) Plans, elevations and perspective views of all proposed structures and descriptions Of the color and nature of all exterior materials• e) A statement showing the public convenience and necessity of such a proposed installation. 8.8,19.2 Standards of Evaluation The following standards shall be used in deciding on an application for approval of these Special. Uses: a) Adequate provision has been made to protect adjacent property from the dangers of explosion, rupture, collapse, fire or other menaces to public health and safety. b) The public convenience and necessity shall be served by this proposed .installations if installed as Proposed, 8-Z9 B.8.20 Residential FIatel, T)armita Fraternity, Sazorit , Reli taus uarters (Class A S ecial Use} 8.$.20.1 Additional Information In addition to the information required by Subsection cationlil the fallowing shall be supplied as part of the application a) A description of the type facility planned, the number of occupants, and the development schedule. b) A site plan showing existing and proposed contours, Pro- posed buildings, parking, access, service, recreation, landscaped and screened areas.. 1 c) A description of the exterior materials, color, and construction details- d} Other criteria as setforths in Subsection 7.14 8.8.20,2 Standards For Evaluation a) Adequate parking, access, service areas are provided for the site. b) Parking, service areas and buildings are adequately screened from adjacent residential uses. c) Improved recreational facilities are provided for occupants. d) Other criteria as setforth in Subsection 7..14. I t N k l 8-20 } ARTICLE 9. SIGNS 9.1 intent It is the general. intent of this article to prohibit signs of a commercial nature in districts in which commerce is barred: to limits signs in the commercial districts in relation to the inensity and to t controlothe numberofaea and tlocation ofs signs o n surroundings; the districts. 9.2 8ignsTSubject To_Control All signs visible from the public rights-Of-way shall be erected, maint .ned and operated in accordance with this ordinance and other relevant controls, unless specifically excepted. Signs not subject to the provisions of this or- dinance are listed in 9..3. 9.3 Si s Not Sub'ect To Control The fallowing signs are not subject to the control of this ordinance: a) Non-illuminated signs not exceeding two Per lot and two square feet in area, Of a non-commercial nature and bearing only property identification numbers and names, post office box numbers and names of occupants of the premises, b) Flags and insignia and signs of any gaver�nment, when displayed in connection with a non-commercial activity. one flag of the Onited states displayed in connection with a commercial activity. c) Legal notices, identification and informationallsigns a govern- and traffic directional signs erected by or on mental body, d) Integral decorative or architect features of buildings, except moving i letters, trademarks, moving part s or party, not e) Signs directing and guiding traffic on private pro c exceeding four square feet each, and bearing no advertising matter s not exceeding sixteen square feet in area and limited f) Sign , at each Point to two single-faced signs or one double sign of egressr giving the name of residential subdivisions, mul- tiple family housing developments, or mobile home courts. g) Internally lighted or unlighted church bulletin boardstand and identification signs, not exceeding one sixteen square feet in area. 9-1 h) Signs not exceeding sixteen square feet in area advertising agricultural products produced on the premises. i) Unlighted directional signs of non-profit organizations not exceeding six square feet in area, tat ;matter or 1090. g„4 _Traffic 5afet Precautions Notwithstanding any other provisions gn this ordinance, the following practices in relation to sign, order to preserve the safety of pedestrian movement: a) No sign shall be erected so that any part of it intrudes into the sight preservation';tirlangle established by Section 6.7. b) No sign shall use such words as -stop”, "slow"r "caution",can be r "danger", or similes admcinations whichovernmentalfagencies. traffic directional sighs erected by 9 c) No sign shall be erected so that, by its location, color, nature or message, it would tend to be confuse would or obstruct con- the view of traffic signals or signs ency or Public safety fused with the warning lights of an emerg vehicle. d) No sign shall contain flashing lights. except those showing time of day and temperature. 9.5 Restrictions M Illumination, Banners, Streamers, Etc. No source of illumination on a signr such as floodlights, spotlights, unshielded bulbs, etc-, from any public right-of-way, of banners, streamers, from adjacent premises. Devices strung bulbs, and similar pennants, windblown propellers, strung or other installations are not permitted. Animated, rotating, an9 installations are prohibited. moving or apprently mov 9.6 prohibited Locations Por 5i s Except where specifically permitted by this ordinancer all signs, including the supports, frames and embellishments thereto, shall not be located within any rem tired setback area or P b ' right nor shall any sign be atta reotherfnatural object upon any utility poles, any tree. rocky No sign shall be p°-rm_�tted on the side street frontage of a corner building, if such building is located within one hundred feet of a Residential. District. i i 9-2 . f i 9.7 Zoning Com liance Permit Fte fired Before any sign,si n except those specifically exempted from such a requirement, shall be erected or structurally altered, a Zoning Compliance Permit must be obtained. 9.8 Tern ra Si s Not Re ixi.n Permits The following temproary, unlighted signs may be erected in with the issuance of a Zoning the manner prescribed Compliance Permit: a) Real estate signs. For lots of less than efivect acres, a single sign on each street frontage may contain is shall not exceed four squaxtyt in area, and may the message that the property s for sale, lease or rent and the name, address and phone 11 of the agent. Such signs shall be removed J=e-.ately after sale, lease or rental. For lots of five acres or more in ara and hundred f , having a street frontage in excess of ko square feet inearea a second sign not exceeding thirty may be permitted. b) Construction sign,. A single construction site identification sign shall be permitted. It shall not exceed thirty two square feet in area, and may contain in its message identification of the project, its owner and/or developer, architect, engineer, land planner, landscape-a rchitect, contractor and sub-contractors. Such signs shall not be f a building erected prior to issuance o permit and shall be iemoved within seven days of issuance of a Certificate of occupancy. 9.9 DeterminLn The Number Cf 5i s a) For the purpose of determining the number of signs, a sign shall, be considered to be a single display device containing elements organized, related, and composed to form a unit- Where lationship of displayed each eltement shall without single sign. b) Without limiting the generality of subsection (a) above, a multi-sided sign shall be regarded as one sign. Unless specifically permitted elsewhere no mare the one ground surface or pole-mounted sign having not more than two sign areas, each limited to twenty square fe,9t, may be erected on any one lot. 9-3 3 1 9.10 Com utation Of sign Area a) The surface area of a sign sh411 he computed by inaltsding the entire area within a single, continuousr rectilinear perimeter of not more than eight straigi�t lines, or a circle or an ellipse, enclosing the extreme limits ofot e writing, with any� presentation, emblem or other display' of the background material or color forming of the display or used to differentiate the sign from the backdrop or structure against which it is plac� abusnelearly including any supporting framvjork or bracing incidental to the display itself. moduler all b) if the sign consists of mtebetweennsectiOnsnorrmodules, shall. of the area, including be included in the computation of the sign area c) with respect to three dimensional or multi-s the d total so£ e surface area shall be computed by including sides designed either to attract attention or cou¢nunicate information. d) The sign surface area of any sign located on the wall of a structure where the closest element of the sign is at least sixty feet from the street center line shall be computed by multiplying the true sign surface area subsection 9.9 (a) by 0.5. 1 i 9-4 f S 9.,11 rXR:+ITrED SIGNS SIZE HUMBER. NEIGNT AND LOCATION tlF RE.sIDENTIAL DXSTRICTS =_]. I:C-2 CC^3 GC-4 0.1 I-1 I-2 I-3 AS EDD MAX. NO. DF SIGNS 2 2 W. SQ.FT, FOR ALL 2 65 85 125 125 65 85 10 125 10 US SIGNS OR a OF LOT 7% loa 15a 15a 7a l0t 10a 15► 10a 7a ' FRONTAGE NHICIIEVER !, IS LESS KAX, 5Q.FT. SIZE 2 65 B5 125 125 65 65 85 125 85 B5 FOR ANY ONE SIGN 35 35 40 35 35 MAX. NEIGNT OF x 30 35 40 40 3s1 SIGN IN FEET NONE OCCUPATION 2 2 2 2 N/A 2 N/A N/A N/A 2 P/A SIZE IN SQ'Fl- a 1 1 1 NUMBER 1 LOCATION IN SETEACKSc a 10 l0 15 25 25 25 15 25 FRONT DISTANCE I 15 FROM R/N IN FEET 10 10 10 10 10 25 l5 15 30 15 SIDE REAR IN FEET X SEMCK RELATION 20 30 30 30 30 30 30 30 3tl 3n TO ADJACENT RESI- x DENTIAL IN FEET x 1D 10 X l0 x 10 30 x "TENSION ASOVE x x pARApET IN FEET" YES YES YES YES YES PROJLCTION FROM x x X YE5 YES X BLDG. NAW x x x x ILLU?SINATED SIGNS x x x x YES x x AL1l7riED� YES YES x YES YES OUTDOOR ADVERTISING x x x x YES % SIGNS* OUTDOOR ADVERTISING x x 1 x 1 x 1 x x SIGNS* N[� x ER x x 1000 x 1000 x 1000 x X x x SIZE 3N SQ.�FT. x x 5U x So X 50 X % REIGNT IN FEET x x x • SEE SECTION 9 X NOT AuaAED E 9-5 1 ! 9.12 Miscellaneous Re uirements a) if a lot has frontage on more than One streett then the total sign surface area permitted on that lot shall be the sum of the sign surface area allotments related to each street (as determined ih accordance with subsection on which the lot has frontage. however, the total sign surface area that is oriented toward a particular may not exceed PO of the lot's total sign surface area that is derived from frontage on that street. b) No sign may extend above any parapet or be placed upon any roof surface, except that for purposes of this section, roof surfaces constructed at an angle of seventy five degrees or more from horizontal shall be regarded as wall space. c) No sign attached to a building may project mare than twelve inches into a required setback- d) All signs should comply with the requirements of the North Carolina Building Code. 5i curve Ste aired An Cam licence Deadlines Set 9.13 The Zoning officer shall make an inventory of all signs not meeting the requirements of this Article. This inventory, which shall include all land within the zoning jurisdiction of the County of Oranget shall contain the location and a description of the sign and the name and address of the owner(s) of the lot on which each sign is located, as con- tained in the current tax roll. Additionally, for each sign, the Zoning officer shall note the reasons for the determination that each sign falls under the provisions of this section. upon completion of the inventory, the Zoning officer shall notify by registered mail the owner(s) of the lot upon which each sign is located of the determination that such sign falls within the provisions of this Article. aSucthe notice shall also include a copy officer. name and official address of the Zoning Within one year of the date of the mailing of Such notice, each sign which does not comply with the provisions of Section 9.4 shall either be altered in such a way as to bring it into compliance or removed_ Within five years of the mailing of such notice, all other signs not in compliance with other provisions of this Article shall either be so altered of to bring them into compliance or be removed by the 9..14 RESMVED A.Yr1CIX 10. OFF--STREET PARK'KG AM LOADING 10. 9Dff-_Street Parkin And S�aad n 10_1 off-street Parkin Ana LOadinq Required No Building Permit, Zoning Compliance Permit or certificate of Occupancy shall be issued for uses of land, structures, and bui.ldi.ngs, either initially or for a change in use or expansion of an existing use, unless the off�strycleg parking axe and Loading requirements of this article and Art met. 10.2 .7oini11 pties The required parking for ,any number of separate establishments may be combined in One lot, subject to the following requ ments: The spaces allotted to each use must be shown on the application for a Zoning Compliance Permitr b) The distance from the farthest allotted space to the main entrance of the structure housing the use to which it is assigned shall not be more than three hundred feet; C) spaces assigned to one use may other time, excePt that one-half use at the same time or any of the parking spaces required for use such as churches, theaters, assembly halls, whose peak attendance will be at night or on Sundays# may be assigned to use which will experience peak usage at other times. The Zoning Officer shall mace the determination relative peak usages. the d) Cross easements of record shall xecuted the use insure serves continued availability Of the parking 10.3 Off_Street Parkin Design standards meet the following All required off-street parking shall B requirements: a) Except where there is attendant parking or for single family dwellings, each parking spare shall be so arranged that any vehicle may be parked and unpaxked without moving another. b) Each parking ng space shall contain a minimum area of one hundred eighty square feet and have a mini== width of nine feet. nowever, where there are lots designed to accarsnndate more than ten vehicles, up to twentyfive percent Of the spaces may contain a minimum area of one hundreC twelve point five square feet and a minimum width of seven }saint five feet. she samfeet spaces, if provided shall be designated for use 10-1 only by compact cars (Manufacturers' frame classes four through eight) c} Adequate maneuvering space shall be provided each parking space in accordance with the standards of the American Society of Highway and Traffic officials. c) All maneuvering space and all off-street parking spaces shall be wholly on private property. spaces and maneuvering spacer except for single e) All parking family dwellings, shall be surfaced i+'i el and-maintained paving material, such as asphalt or grav in a safe, sanitary and neat condition. f) All off-street parking lots shall be equipped with a surface drainage system meeting the design standards of and approved by orange County. g) Parked vehicles in off-street spaces shall be pieventerty or from intruding on travel lwalls, curbs, wheel stops other private property ty by Y means of or other appropriate means. h) Ingress and egress to parking lots shall conform to the design standards of the North Carolina Department of Transportation. i) Parking lots shall observe a ten foot setback from all public rights-of--way, which setback shall be landscaped according to orange County Standards. j) Parking lots designed to accommodate five or more cars shall be screened from adjacent private property by means of solid decorative brick wall six feet in height or a tight evergreen hedge which shotheresczeeninggdevices, involving han two years of planting. roved combination of planting, walls, berms, etc. shall be app by the Zoning officer upon determination that such devices shall provide at least equally effective screening. k) Automobile turn arounds are requited for single family residential lots abutting an arterial ar collector strict ? so that motor vehicles do not have to back onto a p right-of-way. 1} Parking lots designed to accomodate more than twenty vehicles shall provide interior landscaped areas equal to one hundred eighty square feet for every ten vehicles. These areas shall be of adequate size to allow for the natural growth of proposed plantings and should be adequately protected f to orange County vehicle damage. Plantings shall be according I specifications and approved by the County. m) The Zoning officer shall naive the provision of j above upon a determination by the Zoning officer that such parking lot 3 abuts another parking lot, and unpierced building wall or a €� screening device at least equal to that required in j above. F L0-2 E r, r r f F 10.4 Off-street Parkin Re uirements Each use shall provide the following off-street parking: USE MINn-R 24 SPACE REQUIREMENTS One space per staff member H-1 Day Care Facilities, Day Nurseries and one per five students One space per dwelling unit H--2 single Family Dwelling H-3 7,1,ro Family Dwelling One space per dwelling unit H-4 Multifamily Dwellings and One ,space per dwelling unit Efficiency One and one-half space per one bedroom dwelling unit Two bedroom Two spaces per dwelling unit H-5 Mobile Homes One space per unit One space per staff' member: H-S Family Care Facilities One space for every 3 residents One space per 2 beds H-7 Group Care Facilities One space per staff menber H-g Hotels, Motels, One space per lodging unit Motor Lodges H-9 Membership Lodges One space per lodging resident (sororities and member fraternities) One space per lodging unit H-lO Rooming House H-11 'Tourist Home One space per lodging unit e 10-3 MINTmuM SPACE REQOTMME"T' USE One space per employee on M-1 Manufacturing r processing the shift of may:imum employment operations where no adverse impacts occur beyond the immediate space..occupied by the use per employ One space p ee M-2 Manufacturing & Processing on the shift of maximum employment. operations where no 'dveerse impacts occur beyond boundaries of the lot One space per employee on M°3 Manufacturing & Processing the shift of maximum employment operations where no adverse impacts occur beyond the i Zoning district boundaries �I i 10--4 MINIMUM SPACE REQU3:F111ENT1 USE P-1 Airport General Aviation One space per airplane p-2 Botanical Gardens & Arboretums Two spaces per acre X P-3 Buildings; Portable x p-q Bus passenger Shelters X P-5 Bus Terminals and Garages X P-6 Cemetery One space per four seats P-7 Church One space per 400 square P-8 Community Center feet of gross floor area j X P-g Extraction of Earth products P-10 Government Protective Services S X P-11 Police and Fire Stations p-12 Land Fills (2 acres ar more) X X P-13 Military Installations (National. Guard & Reserve Armory) x P•-14 Parks, Public & Non=Profit P-15 Parking as principle use X Surface or Structure P-16 Public Utility Stations & Substations$ Pumping StatiOnsi switching Stations, Telephone X Exchanges P-17 Radio & Television Transmitting & Receiving Towers, Sewage Treatment Pla Treatment & Sanitar]' Tanks X Elevated Water Storage P-18 Research Lands & Installati.onsr S Non-Profit R one space per staff member P-19 Schools: Elementary'. Middle one space per staff member and & Secondary One space per four students 10-5 .z M11r,MUM SPACE MQUIRE34ENTS USE P-20 Schools: Vocational One space per two students P-21 Sc--haols: Dance, Art fi Husk One space Per four students i P-22 Transmssion lines One space per three students P-23 Universities, Colleges at design capacity of building(s) and Institutes 1 3 I i MINIMUM SPACE. PE(2UIRryXNT5 USE One space per 200 square S-1 Adult Uses feet of grass floor area One space per 400 square S°-2 Agricultural Service Uses feet of gross floor area Animal Hospitals; Veterinarians fee space per 200 square S-3 A feet of gross floor area S-4 Assembly Facility one space per 4 seats Less than 300 S-5 Assembly Facility One space per 4 seats Greater than 300 One space per 200 square S-6 Hanks & Financial Lnstittitiahs feet of gross floor area Five storage spaces per drive•-in window S-7 Beauty & Barber Shops One space per 200 sure feet S-g Clubs or bodges, Social One sp ace per 3 members & Fraternal or Union Lodges X s-9 orive-In Theatres went & Sales One space per 406 square 5-10 Farm Equip feet of gross floor area one space per employee 5-11 Feed, Seed, Storage at shift of maximum employment and Processing One space per 4 seats 5-12 Funeral Homes 5-13 Greenhouses (No on premises sales) X s-14 Greenhouses (on Premises Sales) One space per 400 square feet of gross floor area one space per 300 square 5-15 Health services; Under 1000 feet of gross floor area 5q. Ft. Over 1000 One space per 200 square 5-16 Health Services; feet of gross floor area Sq. Ft. one space per 4 beds 5-17 Hospitals 10-7 MINIMUM SPACE REQUIREMENTS USES X s-is industrial Agriculture (Feeder operation) x S-19 Junkyards ► One space per 4 pens S-20 Kennels one space per 300 square S-21 Laundry & Dry Cleaning Services Feet of gross floor area one space per 4 seats S-22 Libraries 5-23 Motor Freight Terminals one space per employee One space per each service E 5-24 Motor Vehicle Maintenance bay and mechanic & Repair (Body Shop) one space per 400 square s_25 Motor Vehicle Sales Rental feet of gross floor area thew and Used) One space per each service S-25 Motor Vehicle Service Stations bay and mechanic S-27 Night Clubs, Bars, Pubs One space per 4 seats One space per 300 square 5--26 offices and Personal Services feet Of gross floor area that attract few customers or clients on premiss other than than employees, generate traffic volumes: have no adverse impacts beyond the space occupied by the use one space per 300 swore S-29 offices and Personal Services feet of gross floor area that generate medium traffic volumes and have no adverse impacts beyond the lot boundaries 5-30 offices and Personal Services one space per 300 square that generate high traffic volumes feet of gross floor area and have no adverse impacts beyond the zoning district boundary s-31 Petroleum Products- Storage one space per employee and Distribution one space per employee on S--32 Postal and Parcel Delivery shift of maximum employment Services and one space per 800 square feet of gross floor area 10-8 MN1MU14 SPACE MQUI;mMENTS USES one space Per employee 5-33 Printing and Lithography tennis: Two spaces for every 5-34 Recreational Facilities squash or racquet ball co rt200 skating rink, one space per (Non-Profit): square feet; swimmina ool, one •f et ; health space per 140 square exercise facility, one space per 50 square feet Golf or country clubs, two Facilities spaces per tee; athletic fields, S^35 Pz£it/NonlPro £it)_ er field lb spaces p Tennis, tw o s P uash, racquet ball j per court, courts, two space 5-36 Recreational Facilities one space Per (Profit): health facility, itch and putt 50 rsest two per tee. c°vrsesr one space per amusement areas, 50 square feet: bowling establishmentr three spaces per sane, billiard or p°ol hall, two spaces per table; shooting ranges, one space Per target area One space Per 300 square 5--37 nePair $ervices: Electronic feet Of gross floor area & Appliance One space per employee 5-38 1, ,,,arch facility 15 spaces Plus one space Per S-39 Restaurants: carry out 50 square feet Of gross floor area 15 spaces Plus one space Per g-40 Restaurants: Drive-In 50 square feet of gross floor area one space Per four seats or 5-41 Restaurants: General one space for every 50 feet of floor area for public use ,One space per 300 square sales, and feet of gross floor area 5-42 Retail trade. nods, rental of convenie�em9nt merchandise and equipment 10-9 '1 1 USES MINIMUM SPACE REQUIREMENTS S-43 Retail trader sales, and rental One space per 300 square Dods feet of gross floor area of convenience g r merchandise and equipment s-44 Retail trade, sales and rental onetspace per 00 square of convenienbe goods Merchandise and equipment 5--45 Retail trade, sales, and rental one space per 300 square of durable goads, merchandise Beet of gross floor area and equipment 5-46 Retail trader sales and rental one space per 300 square of durable goods, merchandise feet of gross floor area and equipment 5-47 Retail trade, sales and rental One space per 200 square of durable goods, r=rcnandise feet of gross floor area and equipment one space per employee 5-46 Sawmills 5-49 stockyards one space per employee 5-50 Storage of Goods outdoor one space per employee S-Sl Storage & Warehouse: One space per employee Inside Building S-52 Wholesale Sales one space per employee 1©-10 µ I 14' 10.5 netermi nation For Unlisted Uses And Fractional Results The Zoning officer shall, make a determination in the ee cases of uses not listed in 10.4 of the minimum required parking spaces, In reaching the determination, the Zoning officer shall be guided by the requirements for similar uses, the number and kind of vehicles likely to be requirements to the proposed use and studies of the parking such uses in other juristi.cations. When determination of the number of parking spaces required fractional space, any fraction by Section. results in a n o€ less than one half May be disregarded: a fra on of one half or more shall be counted as one parking space. 10.6 Satellite Parking a) if the number of off-street parking spaces required by t)Lis Article cannot reasonably be provided on the same lot v:here the principal use associated with these Parking spaces is ay be provided on adjacent or nearby 1.ncated, then spaces m lots in accordance with the provisions n€ this section. These off-site spaces are referred to in this section as satellite parking spaces. b) All such satellite parking spaces must be located within four hundred feet of a public entrance of a principal building housing the use associated with such parking, or within the four hundred feet o located if thecuse isunotassociated housedwithin with such parking is any principal building. C) A person wishing to take advantage of the provisions of this Section must present satisfactory written evidence that he has the permission of the aces to use such spaces, The developer the satellite parking P validity must also sign an acknowledgement th ,stcontinuing ability to of the permit depends upon the p aces. provide the requisite number of parking spaces. d) Persons who obtain satellite parking spaces in accordance with this section shall be held accountable for in spaces the satellite parking areas from which they satisfy the design Lequirements of this article. 10.7 RESERVED 10.8 2ff-5treet Lo-din Re irements Every industrial and commercial structure shall provide space for off-street loading and unloading of vehicles. 10-11 a lf}.9 Off-Street Loa S ace In Addition To off-Street Parkin S ace The requirement for off-street loading is supplementary to the requirements for off-street parking. Space designated for with Of'-street parking requirements shall not be compliance used to comply with the requirements for off-street loading space and vice versa. Y 10.10 Off-Street Loadin 5 ace Defined An off-street loading spacer for the purposes of this chapter, shall have a minimum width of twelve feet, a minimum depth of sixty feet and have a vertical clearance of sixteen feet above finished grade of the space. 10.11 Access To Off-Street Loadin S aces i Off-street loading spaces ghall be so located and arranged that a semi-trailer truck" (wB 50) shall be able o it t use by means of one continuous parking maneuver- 10.12 Minimum off-Street Loading 5 ace Ra irements Each use shall provide the following minimum off-street loading spaces= Use Minimum Leading Requirements Retail business one space for each five thousand square feet Of, floor space or major fraction thereof, not to exceed three spaces. one space for each ten Wholesale and industrial uses thousand square feet of floor space or major fraction thereof, not to exceed three spaces. { I 10_12 i ;3RTSCLE 11. NON-CONFOPMTTIES 11.1 Definition Non--conformities are classified as: a) Lots; b) Uses of land without structures or minor structures only; C) Uses of major structures and premises; d) Structures; and e? Characteristics of use which were lawful but would be prohibited• regulated or restricted by the enactment of subsequent amendment thereto.' : Non-conformity may also bel ffecct t s created where lawful public g or actions pursuant to.a court order have the same e a as violations of this ordinance, if undertaken privately. 11.2 Intent Concernin Non-conformities Generally Uses of land which do not conform to the requirement of this or- dinance or amendments to it may not be enlarged or expanded; neither shall the use be intensified, nor altered, except in conformance with this ordinance. It is further the intent of this ordinance that non-conformity shall not be used as grounds for adding other prohibited uses or structures, nor the enlarging by means of extension or ex- pansion, except as specifically provided by this ordinance. 11.3 Cancer Intent Cernin Nqn-Conformin Uses: 5 ecificall I]eclared To Intent title With permitted Uses It is the intent of this ordinance that non-conforming uses shall be considered to be incompatible with the permitted Usenot bthin the several districts. Such non-conforming uses shall enlarged or extended in any respect. 11,A 5 ecial Permit Uses Not To Be Considered Non-Conforming Any existing use which would require a special Use permit under terms of this ordinance shall be deemed a conforming use. How- ever, enlargement, replacement or modification of such a use shall require a Special Use Permit as though it were a new use. ?3�1 a 11,5 Non-Conforming Lots 11.5.1 use of Sin le Non-Conformin Lots For One-Fanil Detached Dwellings accessory structures A one-famile? detached dwelling and customary may be erected, occupied and used on a separate non-conforming lots in lot of record, not in continuous frontage with other applying in the same ownership in accord with other requirements the districts. 11.5.2 Rules Concexnin Combination Of Contiguous Non-Conformin Sots In Same pwnershi And With Continuous Fronta er Exce tion f a) Combinations Re aired Where Non-Conformitr was Created at Factment or Amendment of this ordinance Where two or more non-conforming lots in single ownership and with hall be considered a single continuous frontage exist, they s t authorizing the zoning lot and a Zoning Compliance Perm' 1Ye �nts shall only be issued when the lot area and lot width requ are met for the district in which the lots are located, except as provided in b), below. b) Exce tion: 80% Rule A l.icable Where Three hots or Lcss are Involved n single ownership at the time of passage of this Where land i ordinance and in continuous frontage i:s of and aiea re t�:ired and area to provide at least 80% of the width and area required for three lots or less, it may be used and/or divided to provide no more than three lets, each with at least 80% of the width and area required in the district in which they are located. C) Rules fax other Combinations of Lots Frontage eater dimension than in b) above, if divided, shall confform orm of greater conform all applicable district regulations, except that in the division one remaining u11 yard requirement lot may have not less than 8nt Of width and area generally required. Fs shall apply to all of the newly created Lots. d) Combination Not Re iced Where Non-Conformit Created b Public Talon or Court Order Where the non-conforming lots were created by public Ming action or as a result of a court order, combination of the lots shall sat be required- 11-2 i 11.6 Non-Conforming Cases of Land Without Structures or with Minor Structures Nan-conforming uses of land not involving any permanent structure with a replacement cost of $2,000 or combination of permanent structures with a replacement cost exceeding $5,000 as determined by the Zoning officer shall cease w thicht two Yeacause suchauses�to of this ordinance, or any assume non-conforming status. Prior to termination the following limitations shall. apply a,) There shall be no enlargement, i creased intensification or alterations to the use, its Pe r b) If the use ceases for more than nineety days r a total of the eighty days in one year.P lotions. premises shall conform to the district regu c) No such use shall be locateabr moved to any portion of the lot the time that non-conforming status other than that occupied at was created. d) No such land shall be subdivided nor any structure added, except for purposes and in a manner conforming to district regulations. Subdivision, however, which does not increase the degree of non- conformity shall be permitted. Non-Con£ormin Uses of Ma or Structures, or Structures And� remises 11.7 In Combination Non-conforming use of structures with a value higher thual in il.b above, or of such structures and premises in combination, may be continued, provided: a) Such uses may not be enlarged, extended altered or replaced, except for a change to a use permitted in the district in which located, except as provided in b) below. b) A non-conforming use may be extended through portions of a building manifest arranged or intended for such use, but not otherwise, and shall not extend to occupy land outside such buildg or any a at the time add- itional building not for wasse�ablishednon-conforming that non-conforming status c) if a non-conforming use ceases for more than one-hundred-eighty days in any two year period, subsequent use shall conform to the regula- tions of the district in which located_ d) Individual mobile homes within mobile home parks, non-conforming under this section, may be replaced with other individual mobile homes or dwelling units therein exceed the number existing at the time that the mobile home park became non-conforming. 11.B RESERVED 11-3 11.g Non-Conformin Structures Other Than Si s A stricture which is non-con formingr due to noncompliance with one or more requirements of the Table a€ Dimensional e rmtted inethetdistrict this ordinance and which is used for a use permitted in which located, such structure may remain, p a) That any structural change to the building shall not increase the degree of non-conformity- Structural changes which deccreased r do not affect the degree of non-conformity shall be h) A non-conforming structure, or a portion thereof, is destroyed to the extent of 50% or more of its current assessed valuation may only be reconstructed in accordance with the regulations of the district in which located. 1 11.10 RESERVED 11.11 RESERVED 11.12 Iqon-Conforminr Characteristics Of Use Non-conforming characteristics of use r c•:lsiah may include 13)r ^ay of illustration but not limitation inadequate parking lighting, emassions�, etc, facilities, inappropriate landscaping, yrelocated in suchaaemanner L•a lsncreaseethendegreelofrnon- or can'- formity. 1.1.13 Repairs And Maintenance On any non-conforming structure or portion thereo€, and on any structure cortaining -a non-conforming use, within any twelve consecutive months, ordinary repairs, or repairs or replacement of the of non-bearing walls, fixtures. etc. shall not exceed 0 if non- current assessed value of the structure (or portion, conforming portion is included). I 11. 9 Non--con€ormin Structures Unsafe For Reasons Other 'Than_ n Of 7. nintenance thereof, which are declared Nan-conforming structures or portions unsafe, but not because of Lack of maintenance, by the Zoning Officer may be repaired and restored, except as provided in 11.9b�, limiting reconstruction after damage. 11-9 1 i d) The changed or changing conditions, if any, in the area or in the County generally, which make the proposed amendment n the promotion of the public health, reasoably necessary to safety, and general welfare. e) The manner in which the proposed amendment will carry out the intent and purpose of the adopted comprehensive Plan or part thereof. factors proposedaamendment� which applicant f) All other circumstances, offers in support 20.4 Receipt of Petitions B The Board Of Count Commissioners The Board of County Comrsiissioners shall receive petitions for amendments to this o�dinancedaMay s last regular meeting i in August. November, Febuary ce 20.5 Referral Of Amendment A olication To Planning Hoard The Board of County Commissioners upon receipt of the ap- plication to amend this ordinance, which has bexamined en e and approved as to form by the County Manager, shall refer the same to the Planning Board for study and report. The oners shall not enact the proposed Board of County Commissi ch referral to the amendment until thikty days after su Planning Board or until the Planning Board makes its report. whichever first occurs. , 20.6 RESERVED 20,E Public Hearin And Notice Thereof 20.7.1 A public hearing shall be held by the Board of County Commissioners before adoption of any proposed amendment to this ordinance. Notice of the public hearing shall be given by publishing said notice at least twice in a news- paper of general circulation in the County, stating the time and place of such hearing and the substance of the prosed amendment. This notice shall appear easing not two successive weeks with more1thanntweentyafive days before less than fifteen day the date set for the public hearing. 20.7.2 The Zoning officer shall post on any affected property prior the notice of the public hearing at least ten days date of said hearing. ARTICLE 20. Fi�fFS AN�NPS 20..1 statement of Intent For the uwse of establishing and nd maintaining sound, stabler and desirable development within Orange County this ordinance shall not be amended except to correct a maniCOn iti�ns in a e ordinance or, because of changed or changing ta conditions an area, particular area or in the County generally,districts or to extend the boundary of an existing zoning change the regulations and restrictions thereof, and then, only as reasonably necessary to the promotion of the public or health, safety,eadoptedeComgrehenszverPIaan or part the eof� i 20.2 Amendment Initiation Subject to the limitations of the foregoing Statement of Intent, an amendment to this ordinance may be initiated by: a) The Board of County Commissioners on its own motion; b) The Planning Board; c) Application, by any person or agent. 20.3 Procedure For Amendment A lication 20.3.1 Filing of Applications: All applications for amendments to this ordinance shall be in writing, signed and filed, one copy with the County Manager for presentation to the Hoard of County Commissioners and two copies with the Zoning Officer. (For Planned Development amendments, See Article 7). 20.3,2 contents of Application: All applications for amendments to this ordinance, without limiting the right to file additional material, shall contain at least the following: a) if the proposed amendment would require a change in the Zoning Atlas, a fully dimensioned map at a scale tof the not inch less than one hundred feet nor more than twenty feet proposed showing the land which would be covered by amendment. b) A legal description of such land. c) The alleged error its this ordinance, if any, which would be corrected by the proposed amendment with a detailed explana- tion of such error in the ordinance and detailed reasons how the proposed amendment will correct same, 20-1 20.7,3 Written notice shall be sent by certified mail to all adjacent property owners not less than fifteen days before the hearing date. To satisfy the intent of this section, esentices must be sent but do not have to he received by t property owners, Adjacent property owners are those whose names and addresses are currently listed in the orange County tax records and whose property lies within five hundred feet of the affected property, 20.8 Withdrawal Of A� lication An applicant may withdraw his or her application at any time by written notice to the County Manager. However, any with- drawal of an application after the giving of the first notice as required in 20.7 shall be considered, for the purposes of 20.0, a denial of the petition. 3 20.9 Effect Of Denial On Subse went petitions When the Board of County Commissioners shall have denied an application or the application shall have been withdrawn after the first notice of the public hearing the Board of County Commissioners shall not receive another application for the same or similar amendment, affecting the same property or a portion of it until the expiration of a ing from the date of denial or with- one year period, extend drawal, as appropriate„ 2010 Fees Fees for filing application for amendments shall be set by resolution of the Board of County Commissioners. 20.11 COMP rehensive Review Of Cha ter The planning Board shall from ne to time, at rote orals Of not more than three years, ordinance and the 1DGation of zoning District boundary lanes and shall submit a report to the Board of CouWhommisaoners are recommending changes and amendments, if any, c sirable in the interest of public health, safety, and general welfare, mindful of the intent expressed in 20.1. S 20-3 ARTICLE 21. ADMINISTRATION 21, Administration 21.1 Establishment of Position of Zonin Officer Teh provisions of thwhoashallnbe appointed by the tCoun YY the T=oning Manager. Officer 21,2 nudes Of The zonin The zoning Officer shall have the power to grant Zoning Compliance Permits and to make inspections of buildings or premises necessary to care' out the enforcement of this ordinance, In csnneCtOfiicerhsthe enforcement nr of this ordinance, the Zoning this determinations and Interpretations y required ay determination as ordinance. Persons aggrieved by appeal that action to the made by the zoning Officer may Board of Adjustment, {See Article 2. Subsection 3.7) i I 21.3 Powers And Limitations O onin officer If the proposed excavation, construction, moving, alteration, or use land as snset forts in the ncel,lthe Zoning eOfficerfshally in with the P t; however. issue a zoning Compliance Perini. liance Perm a) Issuance of a Zoning Comp t shall in no case be construed as waiving any provision of this ordinance to any provision of this ordinance. b) Under no circumstances is the Zoning officer Permitted to grant exceptions to the actual meaning of any clause, standard, s or regulation contained in this ordinance to any peruse making or regulation to excavate. construct, move, alter, or use either buidling, structures or land. o} Under no circumstances is the Zoning Officer Permitted his is make changes to this ordinance or to vary the terms of this ordinance in carrying out their duties. r d1 7*he zoning Officer shall issue a permit when the imposed applicant f conditions of this ordinance are complied with by the regardless of whether the use of the permit would violate 4 but not by way contractual or other arrangements (including, at no parties. of limitation, restrictive convenants) among private the zoning e) If an application for such permit is disapproved, officer shall state in writing the cause for Such disapproval- 21-1 21.4 Zonin Com liance Permit Re wired it shall be lawful to begin the excavation for the eairs, Ofion, un the moving, alteration, or repair, except ordinary repairs, of any building or.other structure, including an accessor feetucturer costing more than $100 or exceeding One hundred square aera, until the Zoning officer has issued for such work a Zoning Compliance Permit which includes a determination that plans, specifications and the intended use o£ such structure does in all respects, conform to the provisions of this ordinance. Also, it shall be unlawful to change the type ofouse orlatPon Of occupancy of any building, or to extend any Officer which there is a non-conforming use, until the Zoning has issued for such intended use a Zoning Compliance Permit, including a determination that the proposed use does, in all i respects conform to the provisions of this ordinance. 21.5 Certificates Of occupancy lot for which a Zoning Com- Nv Wilding, structure, or zoning bupliance Permit has been issued shall be used or occupied until the Building Inspector has, after final inspection, issued a Certificate of Occupancy indicating compliance has been made with all the provisions of this ordinance. However,wever, the is- suance of a Certificate of Occupancy shall $trued as waiving any Provision of this ordinance. 8ealth 35e artment A roval Prior To Issuance of Certificate, 21.6 Of occu anc The Building Inspector shall not issue a Certificate of occupancy for any use of a structure or land served by wells for potable water and ground absorption sewage disposal systems until the Orange County Health Department has approvedusee water supply and sewage disposal 21.7 Fees Before any Zoning Compliance Permit shall issordnance iagfee building or other operations regulated by this in an amount fixed by the Board of Commissioners shall be paid. 21.8 Administrative Re lotions The County Manager is authorized and directed to propose and promulgate administrative regulations, incluainompletnotalimited to the type and amount of data required tion, in order to implement the provisions of this ordinance. 21--2 21.9 RESERVED 21.10 RESERVED 21..11 RESERVED ► 21.12 Administration And Enforcement Of Performance Standards mi,nations involved In Administration 21.12.1 And Enforcement ofDPerfnrmar-ceStandards determinations necessary for administration and enforcement of performance standards set,forth herein range from those b which can be made with satisfactory accuracy Y sent person using normal senses and no scp�etenceeandc equipment to those requiring great technical compe equipment for precise measurement. It is the intent of this ordinance that: a) Where determinations can be made by the Zoning officer, using equipment normally available or obtainable without extraordinary expense. such determinations shall be so made before notice of violation is issued. b1 Where technical complexity or extraordinary expense makes it unreasonable for the County to maintain the personnel or equipment necessary for making difficult or unusual. determinations, procedures shall be available for causing corrections n£ apparent violations of performance standards, itrai for protecting individuals from arb7f� capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement. 21.12.2 Procedure Where Zonin Officer Can Make Determination Where the Zoning officer determines that there is a violation of performance standards relating to emission of smoke, odor and explosive hazards influence, they take or cause to be taken lawful cause correction to Failure iwthin the limits set by such h performance such correction shall be to obey lawful orders concerning punishable as provided in Article 23. Zonin officer Cannot Hake Final Determination 21.12.3 Procedure Where if, in the considered judgment of the Zoning Officer, there is probably a violation of the performance standards as set forth in this ordinance, the following procedures shall be followed: 21-3 7 r a) The Zoning Officer shall give written notice, by certified mail, to the person or persons responsible for thalleged violation. The notice shall describe the particulars the alleged violation and the reasons why the Zoning officer believes there is a violation in fact, and shall require an answer or correction of the allec.led officer within aatime limit satisfaction of the Zoning set by the Zoning officer, The notice shall state, and it is hereby declared,- that failure to reply or to correct the alleged violation to the satisfaction of the Zoning officer within the time limit set constitutes admission of violation of the terms of this ordinance. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this ordinance will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, { in addition to such other penalties as may be appropriate, but that if it si determined that no violations exists, the mi cost of the deternation will be paid by the County, b) If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the Officer, they shall note "violation corrected" on Zoning their copy ce the notice, and shall retain it among their official records, taking such other action as may be warranted. c) if there is no reply within the time limit set (thus establishing admission of violation as provided in (a)) and the alleged violation is not corrected to the satis- faction of the Zoning officer, within the time limit set, they shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease. d) if a reply is received within the time limit set indicating that the alleged violation will be corrected to the satis- g officer, but requesting additional faction of the Zonin time, the Zoning officer may grant an extension, if they deem it warranted in the circumstances n,ec case se imminent if the extension will not, in their op inio peril to life, health, or property. e) If reply is received within the time limit set requesting technical determinations, as provided in this ordinance, and if the alleged violations continue, the Zoning officer may call in properly qualified experts to make the deter- minations. If expert findings indicate violations of the performance standards, the costs of deter inatio s shall be assessed against the props penalties le for the violation, in addition to such other as may be appropriate under the terms of Article 23, if no violation is found, the costs of the ese against determinations shall be apid by the County, without the properties or persons i.nvolved� 21-4 _ ARTI= 22. DEFINITIONS 22.0 Definitions For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: w 22.1 Definitions Pertainin To Gra natical Usa e 22.1.1 The word "shall" is always mandatory. 22.1.2 The word "Occupied" and the e word"-used" Shall be considered as though followed by the designed to be used or 0ccuupied." 22.1..9 Terms not herein defined shall have the meanings customarily assigned to them. 22.2 Definiticns pertainin To Streets Far the purposes of these regulations, terms relating to streets are defined as followed- Determination of the classification of a street shall be by criteria: 1) The classification shall be based upon the projected volume of traffic to be carried by tie street, state-d j, terms of the number of trips per day; 2) The number of dwelling units to be served by the street may be as a useful indicator of the number of trips but is not conclusive; 3)° Whenever a subdivision street continues an existing street that formerly terminated outside the subdivision or it is expected that a subdivision street will be continued beyond the subdivision at some future time, the classification of the street will be based upon the street in its entirety, both within and outside of the subdivision. 22.2.1 Street ' A vehicular why (which may also serve in part as a way for pedestrian traffic), the location Of utilities installations and landscaping, whether called street, highway, road, avenue, boulevard, lane, place, alley, mall or otherwise. 22-1 f 22.2.2 Arterial Street Arterial Street is that used primarily for through traffic, usually on a continuous route. These streets carry high volumes of traffic, in excess of twelve hundred trips per day. For purposes of these regulations, such streets include those so designated in the comprehensive Plan or element thereof. 22.2.3 Collector Street Collector Street is used or designed to carry traffic between minor, local and subcollector streets and abutting properties. but may also provide direct access to abutting P P It serves or is designed to serve directly or indirectly t be more than one hundred units and eight is hundred esignedpsoPer day» used or is used to carry,;'more than 22.2. 3 Subcollector Street Subcollector Street is used or designed to provide access to abutting properties but is also designed to be used or is used to connect minor or local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least twenty six but not more than one hundred dwelling units and is expected to or does handle between two hundred and eight hundred trips per day. 22.2.5 Local Street Local Street is used or designed primarily to provide access to abutting properties. it serves or is designed to serve at least ten but not more than twenty five dwelling units and is expected to or does handle between seventy five and two hundred trips per day. 22.'.5 Minor Sit Minor street is used or designed primarily to provide access to to abutting properties. it serves or is designed ed to or serve not more than nine dwelling units and is exp does handle up to seventy five trips4per 22.2.7 C.11-de- sac cul-de-sac is a street that generally terminates in a circular right--of-way. it is used or designed to be used to provide access to abutting properties. f 'I 22.2.8 Limited Access Street Limited Access Street is that to which access from adjoining property is not direct, but is combined, l,imitec3, channeled or prohibited. Marginal access streets are one means for limiting and controlling access to arterial streets, usually providing entrances along a single block face. 22.2.9 Lnola Street Loop Street provides a means for local traffic to leave and enter other streets without turning around, but provide access only to abutting properties. k 22.2.10 AlLe-Y _ Alley is a minor way used primarily for vehicular access to the rear or side of properties otherwise abutting a street at the front, which is not intended for general circulation. 22.2.11 public Street Public Street is a street ,.q-Gich has been accepted for permanent maintenance by the State of North Carolina. 22.2.12 Private Street private Street is a pivately maintained vehicular way built to the private street standards of orange County. 22-3 ?Y f •' 22.3 Definitions Pe-tai-in To A 1111111132E 22.3.1 Suildinq Any structura 'having a roof, including, but not limited to, tents, awnings, carports and such devices. 22.3.2 Structure Anything constructed or erected, including but not limited to buildings, which requires location on the land or attach- ment to something having permanent location on the land. 22.3.3 structural Alterations y Any change, except for repair or replacement, in the supporting members of a building such as, but not limited to, bearing walls, columns, beams or girders. 22,3.4 MObila Home A portable manufactured housing unit designed for trans- portation on its own chassis and placement on a temporary or Semi-permanent foundation having a measurement of over thirty two feet in Length and over eight feet in width, Mobile home shall also mean a doublewide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis which connect an site for placement on a temporary or semi-permanent of over thirty two feet in length and over eight feet in width. 22.3.5 Recreation Vechicl- A self-propelled or towed vehicle, qualified to be licensed by the N.C. Aepartment of Transportation, Division of Motor Vehicles, designed to provide short term recreational living accommodations. These vehicles are distinquised from mobile homes, dwelling units and temporary buildings. S 22-4 22.4 Definitions pextainin To hots 22.4.1 Lot Sand bounded by lines established for the Purpose of property hivisicn. The term includes in this areas included in the Property so enclosed. As used the term dre refers unless the context 5eec22e4.�1hercr�ser to a zoning 22.4.2 Lotr Zonin legally recorded plat A legally subdivided lot shown on a meet c and of sufficient area and dimensions and to rovidesuch requirements for area,, spacesnas are required. A zoning setbacks and other op Fubdivided and lot may consist of combinations of legally Portions legally recorded adjacent individual lots and/asrPyided of such lots, provided, bowever, that nxtep below, in no case of di.viss'On becsreates�which adoes not idual lot, Portion of lot, or p equirements of this ordinance an d the subdivision meet the L regulations. # empowered to exercise eminent In cases where authorities domain, by purchase or condemnation, create residual loured than of lesser area, wsuch lots shall belconstr'uedfto be non in the district, conforming lots. 22.4.3 Lc'st �...Con£ormin lot shown on a legally recorde n dpglat, A legally subdivided existing at the time regulations wervideddon such lot, greater minimum width or area than P or establishing other limitations which such lot does not meet. such lots may be considered substandard lots Of record. (See f _____-_Ses- 22.4.4 Il�t Non1e al Fox zonin PurPo € lot nor a non-conforming A lot which is neither a zoning il it is j lot. No such lot shall be urements of u this ordinance and made to conform to the req fother applicable regulations. i - 22.4.5 Lot Area, Net total horizontal area Net lot area shall be computed as within lot boundaries. V 22-5 I 22.4.5 Lot Area, Gross Where gross lot area is used as a basis for comnuta ion of raxi.imum allowable floor area through app uteri as net area, area ratios, such gross area shall be adjoining permanent defined above. Plus half the width a£ e ana the like open space such as streets, Parks) p tor the emmaximum specified (but not areas on buildable lots) up for the district. Where such space adjoins lots on two adjacent sides, theete area thus added shall include the area required to the gap otherwise left at the intersection, as indicated in Figure 1 at a, below: STREET Width, U yam,UI t N: n6t to exceed no. of feet equal to LU I rating PARK The gross area of lot 1 in the illustration would thus be the area within its boundaries plus the hateched areas at the top and ise, including the small rectangle marked a. The gross area of lot 2 would include its net area plus the hatched area across its front. 22.4.7 Lot, Buildable Area Of The portion of the lot remaining for construction after meeting minimum requirements for setbacks and other open space at ground level. 22-6 22.4.8 Gross Land Axea Of PD-H Districts Gross land area of PDµH districts shall be computed as all arear except that to be devoted to non•-residential purposes: within district boundaries, plus half of the ent open space such as street, Parks, adjoining Farman rovided that width of lakes, ceieteries, and the like, P such open space credited shall be "3n' the land involved. feet equal to the LUX rating aPP y g Where such space adjoins a PD-H district on two adjacent sides, the area thus o#�sdexwisealeftna�u��ethe tterseot�.onirec3 to complete the gap (See Figure 1) 22.4.9 Setback t red and unobstructed An open space other than a court unoccupied ,inches by any structure or portion of a structure from thirty above the general ground"ded in these aregulations,rprovided, except as specifically P Perm in any set- however, that fences and walls may be Pe back subject to height limitations restablished generally or for the district,a 'essor accessories, ornaments, furniture and and other customary esorie in any setback if they do landscaping shall st permitted edinents to free flow of not constitute substantial imp light and air across the setback or viol to Provisions of these or other regulations regarding 22,4»10 T•nt ar A lot with direct vehicular access to a street as required by subdivision regulations and so locate , shaped and d oriented to adjacent lots as to be reasonably adapted to application of general measurements as(front,indicated and with location of setbacks r3ne and related to ad and special) logically jacent setback patterns- 1) Types of Regular Lots Figure 2 indicates terminology used herein with reference to regular corner, interior, reversed frontage and through lots. In the diagram, A - corner lot, defined asa lot located at A l the intersection of two or more streets. A lot a a a conger on a curved street or streets shall be points of lot is straight lines drawn from the emst poinant (Pro- et at an the side lot lines to the foremost point jected if rounded) me interior angle of less than 135 degrees. (See lots marked A-1 in the diagram} 8 interior lot, defined as a lot abutting only one street. 22-7 C = through lot, defined as a lot other than a corner lot with frontage on more than one street. D = reversed frontage lot, defined as alot on which frontage is at right angles or approximately right angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (B-D) or a through lot (C-1))- Corner lots and through lots may be referred to as double frontage lots. Figure 2 A � $ A 9 A-D A(ll g 8 A C 9-0 C-p Aft) 9 B A-0 A B 9 9 d B A A B B 2) Depth of Regular Lot, Measurement Depth of a regular interior lot shall be measured from the midpoint of a line connecting the two side lot lines at the front of the lot to the midpoint of a line connecting the two side lot lines of the lot at the rear.ear. tprovidedlthat in the case of lots not bounded by four shall be constructed perpendicular to the longest front-to- rear axis at a point where the Length of such rear line within lot lines is not less than twenty five feet. Depth of regular corner and through lots shall be measured in the same manner, with the fallowing adjustments. Lines constructed at street right-of-way pines corresponding to one or more side lot lines an interior lots, and t lines lot constructed at street frontages corresponding to lines on interior lots shall conform to straight-line extensions or connections of the edges of the lot where radii have been established at intersections or streets are curvilinear. 22--B __. 3. Width of Regular Lot, Measurement Width of a regular lot shall fronts etback,�pzbvidednt across the rear of the required however that width between side lot lines at. the points shall less where they intersect the street lline lot width, except eighty percent of the required the case of lots on the turning circles of cul-de-sacs or at points of street curvature where the radius atof 'eright- of-way line and intersecting the foremost inn which case the Sid. lot lines is less than which s and eighty percent requizelent shall not apply 4 indicate the relationships involved: Figure 3 R ' ' 48. 48 Yard A B Lot "taper" permissable at 90' curve radius (A) or along straight street (B), with required front setbaek depth 25', required lot width 60'• y(st eet line 80% of lot width ax measured at rear of required Figure 4 { R70 �•.. �� �w'rte f� ! 2D Fra t 'Ord, 2 I Lots with lines radial to a curved street line with curve radius less than 90' (in this caseation with 20t front Set- with BOB rule. Lot liesoin turning circles of cul-de-sacs, ar back, A with 25' app at sharp bends in streets. 22-9 on corner lots and through lots, width requirements shall be considered met if the regular lot has one frontage meeting such requirements and contains a buildable area of width: depth and area at least equivalent to that remaining on a rectangular interior lot of minimum dimensions required in the district.' 4) Lot Frontage on Regular Lots a) on regular interior lots, the Errant shall be construed as the portion nearest the street. as b) on regular corner lots,ad ota astreet.coif tthedlot the shortest boundary 3 acent has equal frontage an two streets,£sorfitoandgsi.deasetbacks. construed in setbacks$ but, . meured For most lots, depth of,a rear so that the shall be setback perpendicular to the lot line, is a strip of the minimum depth prescribed by district regulations. However, in the case of lots angle ri pointing lines intersect in the general form of an ang away from the street, the required rear setback shall be construed as running between the apex of the angle and a line parallel to the rear line of the required front set- back, and at the distance prescribed for a reremai backof from the'apex of the angle, such lot dines, side setback requirements shall apply- e) side setback on regular lots are setbacks running from the rear line of the front setback to the front line of the rear setback. Depth of side slimes shall be measured the required perpendicular to the side lot == depth prescribed by setback is a strip of the mini== district regulations. 22.4.10 Lot. Irreg _ ular lot so located, shaped or oriented to adjacent lots that application of general measurement methods Or setback dimen- sional requirements of the distric5eanand/or withslocation serves no significant public purpo (front, side and rear) not logically of wracks by type determined by nor related to setback patterns on nearby regular lots. An irregular lot shall betconsidered tin meet dimensional and related requirementS which it is located only if it meets the following conditions: 1) Dimensional and Related Requirements: meet a) Minimum lot area, computed as for regular lots, structures. district requirements for the proposed 22-»10 F. 1 b) Setbacks adjacent to streets shall be pro withrthe same distance from the street line as required lots. c) Interior setbacks shall provide at least e same clearance from lot lines as is required from side yards structures and uses on regular lots in the district. r than d) Total area in open space on the lot shall not beireedsfor the total area in setbacks and other open space minimum width use on a regular rectangular lot of required and area. Aside from the minimum requirement for separation equivalent to that provided for side setbacks on regular lots. open space may be located and dimensioned without regard to designation as "front," "side" and "rear" setbacks, but shall be subject to limitations as to occupancy as for setbacks generally. Maximum lot coverage by all districts shall not exceed any limitation set generally by regulations. 2) Accesst Exemption from Width Requirements of Rear Line of Required Front Setback Not withstanding other requirements of this ordinance, lots meeting the dimensional and related requirements above may be used for purposes permitted in the district in which such lots do not have e at the rear li wneoft red the front setback. 22,4.11 Residential Land Area Residential land area shall be construed as all land for residential development and related uses, including open space. within the district in the case of Pp-H zoning, or other locations ial uses in on the lot or tract where resident j are controlled by these regulations. Such lands shall be construed to include streets entirely within residential portions of the development, common purposes. esidential accepted for dedication for public purpo Land area shall riot be construed to include lands not beneficial to residential use due to location or character, a or areas used predominantly for commercial or other non- residential purposes. a As a further guide, where floor area of a building i•s pre" ential use, the building site shall be dominantly in resid included in residential land area withsten r percmenteof�itshe case of a multifamily bui3�ding floor area in accessory commercial and service uses). 22-11 S t To The Measurement of Land Area 22.5 £lefinit9ons Pertain in And Rewired en space 22.5.1 Lot Line A line which marks the boundary of a lot. 22,5,2 Lot Line, Front In the case of an interior lot, the lot line separating said lot from the street: in the case of a corner lot or through lot, the lot line separating said lot from that street which is designated as the front street in the request for a Building Permit. I 22.5,3 lot Line, Real The lot line opposite and most distant from the front lot line; in the case of irregularly shaped lots, such lot line shall be an imaginary line parallel to the front lot line but not less than ten feet long and measured within said lot. 22.5..4 Lot Line, Side Any lot line which is not a front lot line or a rear lot line; a lot line separating a lot from a side street is an exterior side lot line., while a lot line separating a lot from another lot, or lots is an interior side lot line. 22,5.5 en Side The yard space of a lot which is established by and between the street, or the lot lines, and the required setback line and which shall be open, unoccupied and unobstructed by any structure or part thereof from the ground to the sky, except as otherwise provided by this ordinance. 22.-,.6 22n-J! ace, Front The required open space extending de full width of the lot and to a depth equal to the esrequired fset ack line, measured horizontally at right 22.5.7 OP en S ace, Rear The required open space extending the full width of the lot and to a depth equal to the required setback line, measured horizontally at right angles to the rear lot line. 22-12 22.6 Definitions Pertainin To Develo ent Intensit 22.6.1 Nonresidential Land Area Nonresidential land area shall be construed as all land for nonresidential development and related uses, including open space, within the district in the case Of locations are controlle'i by these regulations. Nonresidential land area o include lands not beneficial to shall not be construed t location or char nonresidential use due to cter, areas used predominantly for residential purposes- 22.6.2 Nonresidential rloo , a) Defined, Inclusions and. Exclusions Nonresidential floor asea'shall be construed as the sum of areas for nonresidential use an all Boors of the building measured from. the Outside €aces of the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies, and below-grade floor areas used for nonresidential access and storage. Not countable as floor area are: 1) open terraces, patios, atriums, or balconies, 2) Any residential space. 22.6.3 Residential Floor Area Residential floor area shall be construed as the sum of use on all floors of the building areas for residential side faces of the exterior walls, measured from the out elevatorshafts including halls, lobbies, stairways, enclosed porches and balconies, and below-grade floor areas used for habitation and residential access. Not countable as floor area are: 1) open terraces, patios, atriums, or balconies, 2) Carports, garages, breezeways, tool sheds. 3 n use of occupants, such as 3} Special-purpose areas far recreation roams or s ocial halls. 4) Staff space for therapy or examination in care housing. 5) Basement space not used for living accommodations. 6) Any commercial or other nonresidential space. 1 22-13 - 5 1 1 22 6,4 Floor Area 'Ratio 'Ratio Floor Area the maxim= square g floor area permittedfor eachssquarefootoOfland areaa 22.6.5 022a S ace ly open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below. 2) Uncovered open space is total gross residential land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space. 31 Covered open space is usable open space closed to the sky, ` but having two clear unobstructed open or partially open sides. Partially Open sides is to be construed as fifty percent or more. Examples of covered open space are covered balconies, covered portions of improved roof areas, or spaces under buildings supported on columns or posts Or cantilevered. The square feet countable as covered open space shall not exceed the age of the Open sides. foot square 22,6.6 en s ace Ratio open space ratio is the minimum square footage of open space required for each square foot of floor in residential develop- men . Thie andtit can s allssoa include ebal onies,aand roofs limproved sfor eas recreation.. 22.6.7 Lives�it�Sake Liveability space is part of total open space appropriately improved and located as outdoor living space for residentother and for aesthetic appeal. such spaces landscaped areas, walkways, paved terraces and sitting areas, outdoor recreational areas, and landscaped portions of street rights-of-way. Such space shall not be used for vehicles, except for incidental service, maintenance or emergency action. 22.6.8 Liveabilit S ace Kano 4 Liveability space ratio is the minimum square footage of nonvehicular outdoor space required for each square nfootce of land area in residential devsual appeal tand does not used for people, planting and visual include vehicular parking and access areas- 22-14 5. 22.6.4 Floor Area Ratio Floor Area permitted for each square footoofg floor area permitted area- 22.6.5 Omen ace_ Sp i 1) open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered npcn space subject to limitations set forth below. 2) Uncovered apex► space is total residential rand not covered by buildings' plus roof areas improved as recreation space. 3) Covered open space is usable open space closed to the skY, 1 but having two clear unobstructed open or partially open sides, partially open sides is to be construed as fifty percent or more. ExamPles of covered open space are improved roof e r covered balconies, covered portions of stsor or spaces under buildings supported on columns or Po cantilevered. The square feet countable as covered open space shall not exceed the square footage of the open sides. 22.6.6 open Space Ratio 22.6.7 Liveabilit�SP,ace LLiveability space is part of total open space appropriately improved and Located as outdoor living space for residents and for aesthetic appeal. Such spaces include lawns and other laadscaped areas, walkways, Paved terraces and sittiDc, area&, outdoor recreational areas, and landscaped portions of street rights-of-way. Such space shall not be used for vehicuear except-for Vehicles, except for incidental service, maintenance or emergency action. 22.6.8 Li.veabilit S ace Ratio Liveability Space Ratio is the minimum. square footage of nonvehicular outdoor space required for each square foot of land area in residential development. It is open space used for people, planting and visual appeal and does not include vehicular parking and access areas. 22-15 S 1 ' 22.6.4 Recreort Space_ Recreation space, part of total. and liveability open space, is exterior area appropriately improved for common recrea- tional use, In general, such space shall have a least dimension of fifty feet.. 22.6.10 Recreation S ace Ratio Recreation space ratio is the minimum square footage of open space in residential areas, suitable by location, size, shape, access and improvements, required for each square Of floor area. This area is a public or private exterior area improved for recreation of all residents, having a least dimension of fifty feet, an average dimension of one hundred feet and a minimum area of ten thousand square feet. 22.6.11 pedestrian/Landsca ed Space pedestrian/landscaped space is part of total open space appropriately improve Such Such outdoor r space includeslawnssandan use and for aesthetic app s aved terraces and other landscaped areas, walkways, P sitting areas. such space shall not be used for vehicles except for incidential service, maintenance or emergency actions, 22.6.12 Pedestrian/La.ndsca ed 5 ace Ratio This is the minimum square footage of pedestrian access and landscaped areas in non-residential development for each square foot of floor area. i 22.7 Definitions pertainin To Buildin "I 22.7.1 Buildin g, Aceesso A subordinate structure, whether attached or detached, of a subordinate adjunct to the principal building, the which is 'customarily incidental to the permitted use Of the principal building. 22.7.2 Suildin Princi al A building or, where the context so indicates, a group of buildings in which is conducted the main or principal use of the lot on which said building is situated. 22.7.3 Dwell in i3nit A room or group of rooms forming a single independent to be habitable unit with facilities used or rotenone familyusfor for living, sleeping, cooking and eating by owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking, sanitary and sleeping facil,ties. Units otherwise meeting this definition but occoupied by transients nn a rental or lease basis for periods of less than one week shall be con- strued to be lodging units. 22.7.4 RESERVED 22.7.5 Dwelliri4, _Sin le Famii A detached building containing one dwelling unit- 22.7.6 Dwellin , Two Famil A detached building containing two dwelling units. 22.7.7 Dwelling, Multi-Family A building containing three or more dwelling units. 22.7.8 F One or more persons occupying a single dwelling unit, provided that unless all such persons are related by blood, marriage or adoption, no such family shall contain more than three persons, but provided further that domestic servants employed premises may be housed on the premises provided further that not =re than two rooms a family membe er t p 22-1.7 I may be occupied by a total o£ two or less roomers, or foster children, who may also board with the family (fore terror more roomers or boarders, see "rooming house"). family shall not be cOntrued f the like. anclube fraternity, sorority, institutional group or 22.7-9 T.od9ing5 Living quarters which do not contain independent kitchen facilities, provided, however, that dwelling eryodscaf less by transients on a rental or lease basis for even though than one week shall be considered lodging they contain independent kitchen facilities. 22.7.10 A room or rooms connected tope lysseparatedafromaanye lodging for one family only, Physical other rooms of dwelling or lodging uniar"doorwayswandr more rooms are connected by a doorway arranged, equipped and furnished in such a manner eitYser they might reasonably be rented, leased or occupied, individually or in combination, each roam shall be construed as a lodging unit 22.7.11 Hotel. Mote" Motor TJod e, Motor Inn, Inn. Court Tourist A building or group of attached or detached buildings containing in combination ten or more lodging units, or ten or more dwel- ling units intended priarily for o mshed from multi-family rdwelents distinguished by the day or week, as lings, rooming houses and residential hotels in which rentals and leases are for weekly or longer periods and occupancy is generally by residents rather than transients 22.7.12 Hotel, Residential A building or group of attached or detached buildings more lodging units available containing in combination ten or for occupancy only for periods of thirty days or longer, provided, however, that temporary lodging units for guests provided, tenants may be provided im any residential hotel, of its limited to ten percent of the number with number of such un of tenant lodging units. 22.7.13 P22msn�3 °p_se A building or group of attached or detached buildings c re- taining in combination from three to nine lodging units without for occupancy for weekly or longer sped from hotels and board, for residents, as dist.�ingui generally fromy for daily or tourist homes fz► which rentals are by transients. Weekly periods and occupancy 77-I R 22.7.14 Tourist_ Home A building or group of attached or detached lodging buildings containing in combination three to ni ewithgoxgw with" occupancy for daily ar weekly a b transients, as board, •and primarily for occupancy Y which occupancy is distinguished from rraoming houses, in primarily by residents rather than transients. 22.7.15 Rest._ o=ant An establishmentwhose the customer . as ready-o-consume food, or beverages operation state, and whose design or principal method vE vp includes one or both of the following: provided with an individual menu, aj Customers, taormally P or beverages by a restaurant are served their foods, employee at the same table ar counter at which said items are consumed. b) A cafeteria style operation is provided where food, ar beverages are consumed within the restaurant structure. 22.7.16 Restaurant, Car -E1ut sale of An establishment whose he custom business is the food, or beverages to the customer f aeration includes state, and whose design or method of op the following characteristics: aj Foods, or beverages within the restaurant building, within upon the Premises, or at other p a motor vehicle Parked the facilities on the premi ding, ses outside the buil enforced d such prohibition is stxi as being prohibited an ctly by the restauranteur. M edible, paper, b) Foods and beverages are usually served i ! plastic or other disposable containers s 22.7.17 Restaurant Arive-zn An establismdessextseorrbeveragesuto the customer ain of food, frozen method of operation, i ready-tO-consume state, and whose design. or any portion of whose business includes one or both of the following characteristics: a1 Food, ax beverages are served directly to the customer mi a motor vehicle y h or by other means b a carhop which eliminate the need for the customer to exit the motor vehicle. m L s 22-19 b} The consumptioorem©ses, or at Othersfacilitiesmono the ehicle parked upon the p is allowed, premises outside the restaurant building, encouraged or permitted. 22.7,16 lfamil Care Facilit A building or group of buildings which provide resident service to six or fewer individuals who are not related agedtodisablcd, Ort gamily. These individuals are nand app in the need of adult supervision and are provided services and gory supervision includes foster dor�boarding homes yfor lchildren, group category homes and family homes. 22»'7.19 Groun Care Facili_„y e State An establishment qualified for a license by th of North Carolina which provides resident services to seven m one or more or more individuals of Who d r are isabled, are The individuals are handicapped, age provided undergoing rehabilitation or extended care and are services to meet their needs. This category includes group homes for all ages, half-way houses, and foster and boarding homes. 22.7.20 Horne Dccupation idential property, An accessory use of res which is clearly e to the principal- residential incidental and subordinat use of the property. a 22-20 22.7.21 Service Station An establishment where gasoline, diesel oil and/or of-.her and fuel for internal combustion engines is supplied following dispersed at retaende rendered andesales,dmadeoand no other- services may a) Sale and }servicing of spark plugs, batteries and cListributers and ignition system parts; b) Sale, servicing and repair of tires, but not recapping or regrooving; c) Replacement of mufflers, tail pipes, water hose, fan belts, brake fluid; light bulbs, windshield wipers and blades, grease reatiners, wheel bearings and the like; d) Radiator cleaning, flushing and fluid replacement; e) Washing and polishing-an sale of automotive vrashing and polishing supplies; f) Greasing and lubrication; g) Providing and repairing of fuel PUMPS, ail pumps and lines; h) Minor adjusting and repair of carburetors; i) Emergency repair of wiring; j) Adjusting and repairing of brakes; k) Minor motor adjustments not involving removal of the head or crankcase; 1) sales of beverages, packaged foods, tobacco products and similar convenience goods for customers, as accessory and incidental to the principal operations; m) Provision of road maps and other 'travel information to customers; n) provision of restroom facilities- A service station is not a repair garage nor a body shop. Uses permissible at a service station doo not badyinclude major mechanical and body work, straightening operating paint- ing, welding, storage of automobiles or trucks not opera g condition or other operations involving noise, g fumes or other characteristics to an extent greater than normally found in service stations. 22-21 : v 22.7.22 Sign Any device designed to inform or attract attention of persons not on the premises on which the device is located. 22.7.23 RESERVED 22.7.24 Sign, on Premise A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises, On-site signs do not include signs erected by the outdoor advertising business. 22.7.25 Si , Off Premise A sign other than an on-site sign, as defined above. 22.7.26 outdoor Advertisin Indust The provision of outdoor displays or display space on a lease or rental basis. 22.7.27 Sign, putdnor Advertisin A sign by the outdoor advertising industry and relating in its subject matter to a business, service, commodity, accommodation, attraction or other activity conducted, sold, offered at a location other than the premises on which the sign is located. 22."7.28 Fraternit Sororit House A building occupied by and maintained exclusively for college or university students who are affiliated with a social, honorary or professional organization and which is recognized by the college, university or other institution of higher learning. 22.7.29 Auditr'i= < A place of assembly to watch and/or to hear athletic events, musical performances, dramatic or dance performances, speeches and/or ceremonies, the term is intended to include such uses as stadiums, coliseums, athletic centers, theaters and arenas- 22-22 n 22.7.30 Extraction of Earth Products The process of removal of natural deposits of mineralsr ores, soils or other solid, liquid or gaseous matter from their original location. it does not include any processing of such material, beyond incidental mechanical consolidation or sorts;g to facilitate transportation to the site of use or location of further processing. 22.7.31 7enafzll A site within which is deposited solid waste material, including trash, construction debris, stumps, branches and limbs, garbage and industrial Waste. f 22.7.32 Parkin Deck A special structure of two or more levels designed to be used for the temporary storage of motor vehicles. 22.7.33 Transmission Lines a) For .lines carrying electrical cvn is or transmission lines carry are those which carry b) For lines which carry liquids or gases, transmission lines are those operating or designed to operate at pressures of one hundred pounds per square inch or greater. 22.7.34 Day Rursery And Private Kindergarten A use of land and buildings to provide group day care for children, including nurseries for children of working parents and nursery schools for children under the minimum age for education. s t 22.7.35 gnrtable Huildzn A building not intended for residential use consisting of i structed off the ultimate site of use one or more modules con and transported to that site either on its own wheels or i otherwise. 22.7.,36 Church A structure in which persons regularly assemble for religious ownership; which is maintained and controlled by a religious body organized to sustain public worship. 22-23 �I s 22.7.37 Club or Lad e, Private An establishment operated by a corporation or association fraternal or of persons for social, recreational,for profit or t charitable purposes, but which is not Operated conducted as a business. a service which is customarily 22.7.38 _Ad�ultUS25 An establishment which has a substantial or significant portion o. its stack in trade in books, magazines or other periodicals and which excludes minors by reason of age. a) Adult Bookstore An establishment which has a substantial. or Significant portion of its stock in trade in books, magazines or other periodicals and which excludes minors by reason of age. b) Adult Picture Theater ar portion thereof with a capacity of An enclosed building more than fifty persons used far showing movies, slide shows, closed circuit 'TV or similar offerings and from which minors are excluded by reason of age. c) Adult Mini-picture Theaters An enclosed building or part thereof with a capacity of fifty persons or less used for showing oviesamswh chsminors closed circuit TV or similar offerings are excluded by reason of age. d) Adult Drive-in Theater A drive-in theater for the showing of movies, slide shows closed circuit TV or similar offerings and from which ' minors are excluded by reason of age. e) Adult Cabaret An establishment which features go-gow dancers, exotic dancers, strippers, male or female impersonclude Or s t reason of age. ments and from which minors are excluded by f) Adult Massage Parlor An establishment in which body massages are offered as a service and from which minors are excluded by reason a£ age. 22-24 22.6 Definitions Pertain in To Buildin Measurements 22.8.1 Building Height The vertical distance measured from the mean elevation of the proposed or completer) fixsished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs, and to gambse� height between eaves and ridge for gable, hip roofs. 22.6,2 Star That portion of a building included between the surface of any floor and the ceiling above it. 22.6.3 Residential Floor Area' The sum of areas for'residential use on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies,'and below grade floor areas used for habitation and residential access, Not countable as floor area are: a) open terraces, patios, atriums, or balconies; b) Carports, garages, breezeoyays, tool sheds; C) Special--purpose areas for common use of occupants, such as recreation rooms or social halls' d) Staff space for therapy or examination in care housing; e) Basement space not used fnr living accommodations; f) Any commercial or other nonresidential space. 22.8.4 Length O£ Wall The horizontal distance from corner to corner. Where walls in continuous general frontage (as setbacks case of attached dwellings) are.off-set by angles or more, length of each segment so set off shall be measured separately in establishing pertinent yard depth. Length, of the wall of a circular building shall be construed as the diameter of the building. 22-25 22.9 Definitions Pertaining To Land Use 22.9.1 gonafide Farm The use of land for farming me�etiing one of the following criteria: 1) Composing five or more acres on one or more tracts owned or leased by the bonafide farm unit: 2) Average annual sales of $1,000 for the preceding three years; or a minimum of ten acres of forest land for which a management plan has been prepared. 22,.9.2 Farman The use of land primarily for one or more of the following: The production in th.e open of cash grains, field crops, vegetables, melons: fruit's, berries poultrysfor the sale or keeping of general livestock and po oultry for the t of such livestock and ptry- F arming oincludes the breeding of such livestock and poulltry. any buildings or structures which are customarily incidental or subordinate to the farming activities listed above, including residences for the owners, operators or employees of the farm and their families. General livestock and poultry includes those animals involved which are customarily and traditionally raised on farms, such as beef and dairy cattle, hogs, sheep, goats, rabbits and horses, mules, pofties, chickens, turkeys, ducks, and geese for the purpose listed above. Farming does not include agricultural services and processing, avocational farming, specialized commercial horticulture, and specialized commercial animal husbandry. 22.9.3 Avocational-Farman The use of land for those activities which constitute general farming on less than five acres or sales less than $l,000 for the preceding three years or less than ten acres of .forest land for which a management plan has been prepared The use of the land for the raising and keeping of reptiles, etc., or the propogation of ornamental plants, fruits and vegetables in a manner which does not constitute specialized animal husbandry or specialized horticulture. Avocational farming does not include home gardening or the keeping of pets, both of which are allowed in any zone. Those uses are customarily accessory uses to the primary the land. 2226 a 22,9.4 Specialized Horticulture The use of land for the propogata.an of ornamental plants and other nursery products, such as bulbs, florist greens, flowers, shrubbery, flower and vegetable seeds and plants and sod and fruits and vegetables grown primarily under cover. 22.9.5 & cialized Animal Husban The use of land for: 1) The raising and keeping of animals, foul, reptiles, etc. which are not general livestock or poultryt or { 2) The raising or keeping of general livestock or poultry in a manner which might not be farming due to its intensiveness or other characteristics. Specialized Animal Husbandry farming includes but is not limited to the fo3.7.o�•:i.ng: Fur-bearing animal farms, game bird farming and animal farms, wild animal farms, aviaries, snake, alligator and frog farms, laboratory animal farms, worm farms, and fish farms. 22.9,6 A ricultural Services Services such as soil preparation, crop veterinary and animal farm management, landscaping and horticultural services, specialized commercial Ijorticul.ture, &lid specilized animal husbandry. 22.9.7 RESERVED 22,9.8 dunk Yard An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling, buying or selling scrap or used materials such as paper, metals, rubber, rags, glass: wrecked, used or dismantled products and articles, such as machinery, vehicles,, appliances and the like. 22.9.9 Mobile HOme Park A lot in single ownership used or proposed to be used for the placement of two or more mobile homes for use as dwelling units. 22°27 a 22.910 Nfobile dome S aae A parcel of land occupied or intended to be occupied by one and only one mobile home, and for the exclusive use of the occupants of said mobile home, 22.9.21 Accessary Use A subordinant use which is customarily incidental to the principal use on the same lot. (See "Building, accessory (22.7.1," "Building, principal (22.7.2)," and "Lot 22.9.12 Princival Use The primary use and chief purpose for which a lot is used. (see "Building, accessory (22.7.1)," "Building, principal (22.7.2) ," and "Lot (22.4.1)."). 22.9.13 Kennels An establishment offering lodging and boarding facilities for dogs, cats and other domestic pets. 22.9.14 Recreation Use, Non-Profit An indoor or outdoor recreation use owned by a not for profit corporation, according to the laws of Borth Carolina. 22.9.15 Recreation Use, Profit An indoor or outdoor recreation use owned by an entity other than a not for profit corporation. R 22.10 specialize Words Nee din a Definition 22.10.1 Variance A relaxation of the terms of this ordinance where such variance will not be contrary to the public interest and, where, owi.ng,to condjtaions peculiar to the property and not the result of actions or the situation of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. A variance is authorized only for the dimensional controls of this ordinance; estab- lishment or expansion of a use otherwise prohibited shall not be permitted by a variance. (See Subsection 2.3.5) 22.10.2 Special Use I A use which would not be appropriate generally throughout the zoning district Or,Without special-study, but which, if controlled as to number, area, location or relation to the neighborhood,. WOuld promote the public health, safety, morals, and.general welfare. Such uses which are listed as Special Uses in the Permitted Use Table, Article 3, may be installed and operated only after approval by the Board of Commissioners or by the Board of Adjustment as appropriate, subject to the general and specific standards applying. (See Article 8) 22.10.3 Non-Conformance Non-conformities are: a) hots; (See Section 11.5) b) uses of land without structures or with minor structures only; (See Section 11.6) c) Uses of major structures and premises; (See Section 11.6) d) Structures; and (See Section 11.6) e) Characteristics of use (See Section 11.6) which were lawful but would be prohibited, regulated or restricted by the enactment of this ordinance or a sub- sequent amendment thereto. 22-29 f _ r V 22,10.4 Dedication A gift, by the owner, of land for .a specified purposer or purposes. Because a transfer of property is entailed, dedication must be made by written instrument and is completed with an acceptance. 22.10.5 Easement A grant of rights by the ,property owner to a portion of land for a specified purpose. 3 22,10.5 Group Develo ent one or more principal structures htu.lt on a single lot, tract or parcel of land and designed for occupancy by more than one separate family, firm, business or other enterprise. 22.10.7 Cam rehensive Plan Maps, Plats, charts, and descriptive matter, task force reports, official statements which are officially approved by resolution of the Orange County Board of Commissioners. The plan shall address in whole or part such things as the general location, character+ xtent of streets,abridges, boulevards, parkways, playgrounds, squ, and open spaces; fields, and other public ways, g the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transporation, communication, power, and other purposes; the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utilities, or terminals; the most desirable pattern of land use within the area, including areas for residential uses, for farming and forestry, for manufacturing and indust- rial uses, for commercial uses, for recreational uses, for open spaces, and for mused uses. t ARTICLE 23. VID3.ATIONS, PENALTIES AND REMEDIFS 23.1 Violations Whenever, by the provisions of this ordinance, the perfornumCe of any act is prohibited, or whenever any regulation, dimension or limitation is imposed on the use of any land, or of the erection or alterations or the use or change n with struc- ture, or the uses within such structure, a failure to comply Fr such provisions of this ordinance shall constitute a separate violation and a separate offense. 23.2 Penalties Any person adjudged in violation of this ordinance shall be guilty of a misdemeanor and shall be punished as provided in G.S. 14-4. 23.3 Remedies if a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any build- ing, structure of land is used in violation of this ordinance, the Zoning officer, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erecH on, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, violation, to prevent occupancy of the building, structure or land, or to prevent any illegal act, conduct business or use in or about the premises. 23-1 a .- �r ARTICLE 24. LEGAL STATUS PPZVI5IONS AND EFFECTIVE DATE 24.1 Severability it is the legislative intent of the Board of Commissioners in adopting this ordinance that all provisions and sections thereof shall be liberally construed to protect and preserve the peace, health, safety and general welfare of the inhabitantionf section, County and, farther, that should any provision, pa or subsection of this ordinance be held to be construed as affect- ing the validity of any of the remaining provisions, portions, sections or subsections; it being the intent of the Board of commissioners that this Ordinance shall stand, notwithstanding the invalidity of any provision, or section or part thereof. I 24.2 Conflict With other Laws When provisions of this ordinance require a greater width or size of yards or court or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, provisions of this ordinance shall govern. When the provisions of any other statute or Local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the provisions made by this ordi- nance, the provisions of that statute or local ordinance pr reg- ulation shall govern. 24,3 Repeal Of Bxis4ng ZoninE Regulations The existing zoning regulations entitled, Orange county Zoning Ordinance as amended, are hereby repealed. The adoption of this Ordinance, however, shall not affect nor prevent any pe nding or future prosecution of, or action to abate, an existing violation of said regulations, as amended. 23,4 Effective Date R This Ordinance shall take effect and be in force on 24-1