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Home My WebLink AboutAgenda - 12-09-1980 ORANGE CO=Y PLANNING DEPARTME,NT HILLssOROUOIE NORM CAROLINA 27278 aaao •r b �t sz 'V np a, MEMORANDUM TO: Orange County Planning Board ! FROM: Orange County Planning staff, SUBJECT: Staff recommendation on clarifications to the revised, zoning ordinance. DATE: December 1, 19B0 These recommednations do not include typos or changgs in grammatical useage. These will of course be changed as we discover them within the text. Article 1 1.3a Delete the word "morals" 1.3b Delete the word "morals" 1.3b Add the following words to purpose: "it is the further purpose that all material included herein by reference and all material used for the administration of this ordinance, do not take any property, do not unduly restrict property rights or use, nor convert any of these to public use except by due process of law_" Article 2 2.2.7 Add reference to the General Statues_ G.s.3 143W31B.11 ET. SEQ. and correct reference to Chapter 3-43 Article 33-C. 2.2.10c Change words "and adopt" to recommend. 2.2.11c Rewrite this section to read: The Board or its agents may in the preformance of its offical duties, based upon an application, enter upon lands and make examinations necessary for the application. 2,.2.12 Change title to: Comprehensive Plan, Intent E L r , {.1 Memorandum Planning Board December 1, 1980 Page 2 The comprehensive plan, which includes, maps, plats, charts, and descriptive matter, task force reports, official state- ments which are officially approved by resolution of the Orange County Board of Commissioners, and are part of the under lying policy of the County, shall constitute the Boards recommendation of the physical development of that portion of the County under county jurisdiction. The recommendations shall address in whole or part such things as the general location, character, and extent of streets, bridges, boule- vards, 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, sanitati.oh'f transportation, communication, power, and other purpose's; the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, property, utiliti,es,'or terminals; the most desirable pattern of land use within the area, including areas for residential uses, for farming and forestry, for mamufacturing and industrial uses, for commercial uses,'for recreational uses, for open spaces, and for mixed uses. The last sentence should be rewritten to read: "in preparation of these recommendations the Board shall ever be mindful of the'need to balance the public interest- with the needs of private interests, particularly in the conservation of surface and underground water resources, soil resources, and natural growth resources of the Munty and the efficient use of renewable and non-renewable sources" of energy." 2.3.1.1 Add the words, "planning jurisdication after orange County's," 2.3.3.2 Add the words "and the Board shall cause notices to be given as required, by Chapter 143 ART. 33--C of the North Carolina Statues, G5 143-318.11 ET.SEQ." after the word public. 2.3.3.4 Insert the words "nor more than twenty five Says" in the last line after the words fifteen days." 2.3.3.7 Add the words "The Hoard shall aplrove all applications before the Board within sixty days of receipt of the application: If the Board fails to make a recommendation it shall be considered a favorable action." 2.3.4.2d Delete the last words "and to deny applications and appeals." 2.3.5.1 Delete the words "caused by unusal shape to topography of the lot, unusual soil conditions," 2.3..6 Application of Special Use Power. Delete entire section and n Memorandum planning Board December 1, 1980 Page 3 rewrite as follows: 2.3.6.1 Before any application for a Special Use shall be approved, the Board shall mace written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards, yncludjhg the provisions of Article 5 and 6 of this ordinance, unless greater, or different regulations are contained 9n the individual standards for the specific Special Use. Where the Board finds compliance with the specific rules governing the specific use and that the use complies with all required regulations and standards, the application must be approved unless the Board shall also find, in some specific manner that: a) The use will not promote the public health, safety and general welfare, if located where proposed developed and. operated according to the plan as submitted; b) The use will not maintain or enhance the value of contiguous property (unless the use is a public necessity, in jghich case the use need not maintain or enhance the value of contiguous property): c) The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive. Plan, or portion thereof, adopted by the Board of County Commissioners_ Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare, will not maintain or enhance the value of contiguous property or is not in compliance with the general plans for the physical development of the County shall have the burden s of establishing, by competent evidence, the specific manner in which the proposed use does not satisfy the requirements for approval of the application ofr a special use. i ! 2.4.2 Change the title of this section to: Development Advisory r Committee Established t - Add the "Town of Mebane" - Add "Public Utility Companies`• - Add the Development Advisory Committee is created to advise the Orange County Zoning officer an the Planning, engineering, legal and other technical issues revised by proposed amend- ments, special uses, planned developments and subdivisions.. The advice and recommendation shall be used by the Zoning officer in the discharge of responsibilities under this ordin- ance, n Memorandum Planning 'Board December 1, 1980 Page 4 2.4.2.1 Duties and Responsibilities The development advisory committee has the following duties and responsibilities: The committee shall: a) Review proposed amendments, planned developments, special uses, rezonings, and subdivisions for the Zoning officer on the technical issues raised, and b) Review in cooperation with the Zoning officer the relationship between the comprehensive plan and this code; and c) produce, as required, for all County governing bodies and planning boards a report on such amendments, planned developments, special uses, rezonings, subdivisions car other technical issues that may be referred to the co=ittee. 2.4.2..2 Rules and Regulations The Development Advisory Committee shall adopt rules, and regulations necessary to the conduct of its affairs and in keeping with the provisions of this ordinance.. The rules and regulations shall at least provide procedures for the conduct of reviews and voting, times for meetings, and forms to be used for making reports. The rules, recJalations, and minutes of the Development Advisory Ca mni-ttee a a main- tained as a separate document in the nature of a public record at the issuing office. 2.4.2..3 Reports The Development Advisory Committee shall prepare its xeport on a proposed amendment, special use, planned development, or subdivision on the basis of the petition, if any, and supporting documentation as well as any public plans, studies, or data. Article 3 4 In the title change map to atlas here and throughout the body of the text. 3.8 Change to words "within five days" to "immediately upon." Delete may reduce in the last line of this subsection. Memorandum Planning Board December 1, 19BO Page 5 Article 4 In the title delete "and Schedule" here and throughout the body of the text. 8.2.3 Add "R-4" to this subsection- - Delete 'b)112." from the application criteria- - At the end of 4 add "as designated by the adopted land use plan." 4.2.4 Delete R--4 and R-13 from this subsection. - Delete b)"2" At the end of 4 add, "as,d'esignated by the adopted land use plan." 4.2.5 Add the following: High Intensity Residential (R-13) District., a) Intent The purpose of this High Intensity Residential (R--13) District'is to p_ovide both locations for high intensity residential development and affordable housing for all segments of the population of orange County. This district shall have available supporting recreational community service, educational uses and the full range of urban services. It is further intended that this district be used to promote economically mixed housing developments and to contribute to the provision of a range of housing types for lower income households.. 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 years. 2. Water and sewer lines should exist at the site or be assured of installation as a part of the development process. 3. Vehicular access must Consist of direct access to a street classified as either arterial or collector, as designated by the adopted Land Use Plan. 4. An agreement has been executed between the developer and I _ f Memorandum Planning Board December 1, 1980 Page 6 the federal department of housing and urban development (HUD) in accord with HUD's Section 8 new construction or substantial rehabilitation programs. This agreement shall ensure that two dwelling units or at least 10% of the total residential floor area of the development, which ever is greater is contained in dwelling units for lower income households. 4.2.6 -Delete the word "local" from line 4 of the intent paragraph.. 1. Add the words "or area" after "area% 4. In the second line delet'e "a lower standard" and add "five acres". 5. At the end add, "as .designated by the adopted land use plan." 4:2.9 a) Intent - in the fourth line delete "local". 4., In the second line delete " a lower standard" add five acres." 5. At the end of this section add, "as designated by the adopted land use plan." 4.2.10 7. At the end of this section add., "as designated by the adopted land use plan." 4.2.11 Replace "a) Intent" with: a) Intent; in the fifth line delete "to accomodate commercial. development" --Add in the sixth line "after the adoption of this ordinance.." Delete the word "only and township." in line seven add "only" after townships. 6) Replace numbers 1) below with 1) and 2) be10o4t Application Criteria 1. This district will be applied to accomodate existing commercial uses located in areas not designated as Activity-Nodes in the adopted band Use Plan Eat the time of the application of the zoning ordinance to previously unzoned townships) . 2. This district will be applied in Cheeks, Hillsborough, or Eno Townships in areas designated as either Commercial or memorandum Planning Hoard December 1, 19BO Page 7 industrial Activity nodes by the adopted Land Use Pfau. 4.2.16 5) At the end of this subsection add, "as designated by the adopted Land Use Plan." 4.2.19 1) At the end of this subsection add "and located outside of Chapel Sill and Carrboro rural buffer areas." 4.2,20 3) After the word collector add, "as designated by the adapted Land Use Plan." 4.2.21 4) At the end of this subsection ,.addr "as designated by the adopted Land Use Plan. Access to rail service is desireable but not required." 4.2.22 2) Delete this subsection. 4.2.23 a) Intent - Delete "R_1" b) 1. Delete "rural residential or" 4„2,24 a) Intent After the word "development" add "In addition these lands will be managed in ways that will prevent any internally, generated adverse impacts from affecting surrounding property. b) Application Criteria 1) Add after "Eno" the word "River" and in the second line add "educational" after "private". 4.3 -H-4 Delete from AR and R1 -Delete the words "Such as off street parking, home occupations, greenhouses." -P-2 Add in PID district. -P-10 Add "rescue squads and volunteer fire departments" -P-11 Delete from R-2, R-3, R-4, 01 -P-12 Delete from R-2, R--3, R-4, R-5, 01. -P-16 Add "water and sewer treatment plants" and delete "pumping stations" --P-17 Delete "water and sewer treatment plants" and add "pumping stations" -Add a P--24 Governmental Facilities and Office Buildings - show as a permitted use in all districts except AS and PIT] -S°B Delete from AR -S-18 Delete from 1-3 and ED -5-19 Change to Class A permit --S- 29 Delete from I-3 i , i,,; Memorandum Planning Board December 1, 1980 Page 8 --5-34 Change this to read: Recreational facilities (non- profit) no adverse impacts shall extend beyond the immediate area occupied by the use. -5-35 Change this to read: Recreational facilities (Profit /non-profit) no adverse impacts shall extend beyond the lot boundaries. -5-36 Change this to read: Recreational facilities (profit) no adverse impacts shall extend beyond the district boundaries. Article 5 5.1.1 - Delete pD from iot in the AR and RI districts- - Delete H from all districts - Move "minimum gross land area (PD's only") to between maximum building height and maximum r.A.R. - Move L.U.I. rating to between minimum gross land area and maximum building height. 5.1.2 - Delete H2 from all districts. Article 6 6.2.1 Rewrite to read: "within any zoning district the height of a building may exceed the maximum building height established in sections 5.1.1 and 5.1.2.. 6.3.1 In the second paragraph add after the word located "by a public utility company 'on_public utility easements,_,.." 6.4 Add this diagram W CL i jSide oxen_a]qqe -- ------� _ 1 _ °.! ; E Q p L Front ^ O enr I Space SIDE STREET I." 4� .•J J memorandum Planning Board December 1, 1980 Page 9 6.8 Add this diagram: R s R Rona Center Line 25' 25' 25' 25' 6.12 Add after herein, "Minimum Property Standards and Manual of Acceptable" add after Vol. 2.., "References to "rlanual of Acceptable Practices series may be abbreviated herein as MAP Vol. 4." 6.13 After involved add, "These preformance standards shall apply only in commercial and industrial districts." 6.19.6 Delete this section. e r Memorandum Planning Hoard December 1, 1990 Page 10 6.142 d) Add words "Noise levels for the extraction of earth products and landfills shall be as set forth in Article B. - C) In the last paragraph after the word "constxucti-on" add the words "or other temporary:' 6.14.'7 d) Add the following "Vibration levels for the extraction of earth products and landfills shall be as set forth in Article 8." In note B: Add the'words "algebraic sum of the" between the words "the vectors" 6_16.1 1. in the second paragraph after "Unit Ownership Act" delete "reviewed and approved by the Planning commission." 6.16.2 Reword this to read "Chu rches are required to provide additional setbacks in all residential districts, the minimum shall be as follows:" 6.16.3 Change the title to: "Nightclubs, Bars And Pubs".. Change the sentence to read "Buildings for nightclubs, bars, and pubs shall not be located within two hundred feet of residentially zoned land." 6.16.4 Change the title to "Day Nurseries And Private Kindergartens".. Change "Day Care Centers" to "Day Nurseries and Private Kindergartens in the first sentence. In b) reword the second sentence to rtad "All required fences shall comply with the regulations of this ordinance"_ In c) rewrite the second, sentence to read "the minimum additional area for multiples of eight children shall be two thousand square feet." 6.3.6:5 in the first paragraph after the word "uses" add "that are not a part of a bona fide farm" may be established in the AR. and AS distracts subject to the following conditions: 7 Memorandum Planning Board December 1, 1980 Page 11 6.16.6.1 d) rewrite this to read, "Only handmade items, foodstuffs and crafts made in the home may be affered for sale on the premises; no goods, products or commodities bought for the express purpose of resale will be sold at retail or wholesale on the premises." Adel item "f) no more than une individual not residing i the dwelling unit may work in the home occupation." 6.16.6.2 Add the following words after the first sentence in item a). This floor area can be in a;,det shed accessory structure. Rewrite c) to read "Only handmade items foodstuffs and crafts made in the home may be offered for sale on the premises: no goods, products or commodities brought for the express purpose of resale will be sold at retail or wholesale on the premises." Adel 3) "No more than two individuals not residing in the dwelling unit may work. in the home occupations." 6.16.10 Recreational Facilities (Profit/Non Profit) S-35 The following restrictions shall be applied to profit or non--profit recreational facilities such as a golf course or country clubs a) The minimum lot area shall be 50 acres_ b) No building shall be closer than 20' to the public right of way or private property line. c) identification sign for the use shall not exceed sixteen squre feet and shalt not be located closer than one foot to the right of way. d) No adverse impacts such as noise or glare shall extend beyond the lot boundaries_ 6.1.6,11 Recreational Facilities (Profit) The following restrictions shall be applied to for profit recreational facilities such as tennis clubs, swim clubs, raquetball, squash clubs, pitch and putt courses, amusement areas, bowling allies, skating rinks, shooting ranges, billiard and pool halls, indoor athletic facilities and such similar uses: i �t < .- f„a i e Memorandum Planning Hoard December 1, 1980 Page 12 a) The minimum lot area shall be two acres. b) No building shall be closex than the minimum requirements of the distkiet ox 20c to the public right of way or private property line. 6.21.1 in the first paragraph, fourth line after the word "units” add "existing at the time of adoptation of this ord-inance, 6.21.2 In the second line after the word "but" change the wording "have not hart substantial improvements" 6.23 Commercial Storage And Disposal of Hazardous And Toxic Substances It is the express intent of the Orange County Board of Commissioners to prohibit the retail or wholesale storage and disposal of all substances considered hazardous or toxic by the Federal Government, and the retail or wholesale storage and or disposal of all such substances in the planning juri.sidiction of Orang,ounty is unlawful.. Article 7 7.1 In the third paragraph second line the word "that." is to be deleted and the words "to encourage" inserted. In the fourth paragraph, second line delete the word "used" and insert the words "to encourage". 7.15.1 a) Alter the first paragraph add the words ",Application Criteria. This district will usually be applied where the following conditions exist: 1. Located within the Carrboro joint planning area, or area designated as a Commercial Transition 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 Memorandum Planning Board December 1, 1980 Page 13 method of water supply and sewage disposal_ 4. Normally, the maximum amount of land zoned PD-C(L) shall not exceed nine acres, but five acres shall apply in rural areas where population density is lower and distributed more widely than in the Transition area.. 5. 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 fiot encourage through traffic on such streets. 7.14.1 The first two paragraphs will be a) as written_ The following section will be b): 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 years. 2. Water and sewer lines should exist at the site or be assured of installation as part of the development process. 3. 'Vehicular access must be of direct access to a street classified either arterial or collector by the adopted Land Use Plan. 7.14.2 a) Permitted Principal Uses and structures shall be according to Article 4, for the applicable residential district. The exact use shall be as approved by the ,Board of County commissioners and shall not change with- out approval of the Board of Commissioners., I . .15.1 i - f b) Add the following after the first paragraph and delete i "access". I I r kJ Memorandum Planning Board December 1, 1980 Page 14 This district will usually he applied where the following conditions exist: 1. Located within areas designated by the adopted Land Use Plan as either a Commercial Activity node or Rural Ueighbor- hood 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. 4. Normally, the maximum,=emount of land zoned PD-C(N) at any node shall not exceed nine acres, but five acres shall apply in rural areas where population density is lower and distributed more widely than in the Transition areas. 5. PD-C(N) 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 am 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_ o) Add the following after the first paragraph then delete "access" 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 joint Planning Transition area. R 3. Uses would serve a market area population extending to major segments of the county and its municipalities. 4. Generally, for property designated Transition in the adopted Land Use Flan urban services such as water supply and sewerage would exist or be made available as part of the development process. For property located in the Bfland- Mebane Transition area and all other property in the Rural, areas, the water supply and sewage disposal shall be ' 3 j Memorandum Planning Board December 1, 1980 Page 15 appropriate to the uses proposed and the site conditions_ 5. Lot size for individual uses would be appropriate to the method of water supply and sewage disposal. G. Normally, the maximum amount of land zoned PD-C(C) 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 Transiti.oa Areas. 7» 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. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets- d) Add the following after the first paragraph: Application Criteria This district will only be applied where the following conditions exist: 1. This district will b e applied in -heeks, Hillsborough or Eno Townships in areas designated as either commercial or industrial activity nodes by the adopted Land Use Plan. 2. Water and sewer mains exist at the site or,are to be made available as part of the development process or the lot size for individual uses are appropriate to the method of water supply and sewage disposal. 3. 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 adjacent 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) Add the following after the first paragraphs Application Criteria 1. Located within areas designated by the adopted Land use Plan as Commercial Activity nodes within a Transition area. 2. Minimum lot areas greater than thirty acres. 3_ Water and sewer lines should exist at the site or be made 7 Memorandum Planning Board December 1, 1360 Page 16 available as part of the development process- 4. pD-C(RsC) districts shall be located only at intersections of freeways or at the intersections of arterial streets and controlled access roads or along suitable frontage roads adjacent to such streets, if near interchanges. Access from local streets is pro- hibited, except where such access would not encourage through traffic on such streets. 7.15.2 Delete and Reserve this subsection. 7.15..3 Reserved 7.15.4 Continue the first paragraph with the words= "The exact use of each individual establishment shall be shown on the plan approved by the County Commissioners. Any change in the specific use�as shown on the plan,of an establishment shall require approval of the County Commissioners. e) �1 -C(io bi5tiicts Permitted principal and accessory uses and structures ate. the PD--C(R) districts shall be as set forth. in Article 4 for the Community Commercial ITS District. 7.15.7 In the sixth line, after off-street add the words "parking space for the general public shall be used as off street".._ 7.16.2 Continue the first paragraph with the words 'the exact use of each individual establishment shall be shown on the plan approved by the County Commissioners. Any change in the specific use,as shown on the plan,of an establish- ment shall requi2�e approval of the 'County commissioners." 7«17.1 e c) Continue this paragraph with the words "'The exact use of each individual establishment shall be shown on the plan approved by the County commissioners_ Any change in the specific use)as shown on the plan,as establishment shall require approval of the County Commissioners_" 7.18„1 b) Continue this paragraph with the words, "The exact use of each individual establishment shall be shown on the plan Gi .Ci1 Memorandum Planning Board December 1, 1980 Page 17 approved by the County Commissioners. Any change in the specific use Ias shown on the plan,as establishment. shall. require approval of the County Commissioners_" 8.2 'Reword this section to read: General Standards Before any application for a Special Use shall be approved, the Board of Adjustment,,,or the Board of County Commissioners, as appropriate shall mace written findings certifying compliance with the specific rules governing such individual , Special Use and thatthe use, which is listed as 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 ordinaiice, unless greater or different regulations are contained in the individual standards for the specific Special Use. Where the Hoard finds compliance with the specific rules governing the specific use and that the use complies with all required regulations and standards, the application must be approved unless the Board shall.. also find, in some specific manner that: a) The use will not 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 will not maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); 1 c) The use is not in compliance with the general plans for i the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissionexs. Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare, will not maintain or, enhance the value of contiguous property or is not in compliance with the general plans for the physical development of the County shall have the burden of establishing, by competent evidence, the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use, Memorandum Planning Board December 1, 1980 Page 13 Add the following sections: "8„4.6 The zoning officer shall post on the applicant``s affected property a notice of the public hearing at least ten days prior to the date of said hearing." "8.4.7 C#ritten 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, these notices must be sent but do not have to be received by the 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 1 of the affected property." 8.5 In the first sentence after the word "shall" add the words "within seven days" 8.8.1 Delete the paragraph that defined extraction of earth products. 8.8.1.2 a) 2) Change "55" to 1168" Change 1145" to "58" 8.8.1.2 g) Change the third sentence to read "Such preformance guarantee shall be in a form approved by the county Attorney... . The amount of such guarantee shall cover the cost of rehabilitation_ The applicants engineer shall certify the costs of rehabilitation on a per acre basis, if the cost does not exceed the amount of the State Mining Act and Orange County will accept that amount as posted with the State„ if the rehabilitation costs exceed the amounts required by the state then the difference shall be made up in a bond to Orange County. 8.8.3 Delete "pumping stations" add "water treatment and sewage treatment plants" Add this subsection: ' "8.8.11.2 Standards of Evaluation The following specific standards shall be used in deciding an application for approval of this use:' 1. The site is of adequate size to protect adjacent properties from adverse effects of the kennel. !; 2. No part of any building, structure, or runway in which animals are housed shall be closer than 150" from a property line, except property owned or occupied by an owner operator of the kennel. These minimum distances shall not apply if all portions of the facility in which animals are housed I �a Me'Morandum Planning Board December 1., 1980 Page 19 are wholly enclosed within a building. 3. Any kennel which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height, which shall be in addition to the primary enclosures or runs. 8.8.15 in the title add "Commercial" before cemetari.es. 8.8.17 From the title delete "water treatment and sanitary cewage treatment plants." 8.6.21 Recreational Facilities. (Non-Profit - 5--34) (Class B Special use) Additional Information In addition to the a.nformatiori required by Subsection 8..8..1.1 the following shall be supplied as part of the application: a) A description 6f the exact type facility planned, the amount of area included and number of members or participants expected, a site plan showing siting and size of existing and proposed building. b) Access, parking, service areas recreation aeras for all planned facilities. c) Plans, elevations, prespectives for all proposed structures and descriptions'of the color and nature of all exterior materials. d) A landscape plan showing, at the same scale as the site plan, existing and proposed trees, shrubs, ground cover and any- other landscape materials. 8.8„21.2 Standards of Evaluation a) Lot size shall be adequate for the method of sewage disposal proposed. b) The site plan should show the boundaries of the site, the distances to the nearest residential structures, i proposed or existing access points, parking and service areas, location of outdoor recreational facilities, and location of existing or proposed buildings_ c) The landscape plan shall be at the same scale as the site plan and should show how the facilities will be screened from the adjacent properties, in addition to proposed or existing trees, shrubs and ground cover. d) Elevations and perspectives of all structures and buildings. Memorandum Planning Board December 1, 1980 Page 20 These structures shall be of such a nature as to preserve the residential character of the area. 0-1 A signed statement from the owners or operators that there shall be no activity allowed that will have adverse affects on adjacent property. Article 9 9.3 h) Change 1116 square feet" to 1164 square feet" and add, "if not a bona fide farm" at the end of the sentence- 9.5 Delete the sentence "Devices consisting of banners, streamers, pennants, windblown propellers, strung light bulbs and similar instillations are not permitted." 9.6 In the fifth line,;after the word "object" add the words "within the public'right_ of way." 9.11 Staff will suggest certain changes with the Board at the next meeting. 9.12 Rewrite b) to read: "Outdoor advertising signs that are Fermitted in the AR and R--1 districts shall only be-permitted .provided the lot on which the sign is located is adjacent to an interstate highway, arterial, major collector or minor collector as designated by the Land Use Plan." Article 10 10.2 Move this section to just before 10.6. 10.3 j) Change the wording to read as follows: "Parking lots designed to accomodate ten, or more cars shall be screened from adjacent residential property, either immediately adjacent or across a public right of way. Such screening may consist of a decorative brick wall six feet in height or a tight evergreen hedge which shall reach a height of six feet within two years of j planting. other screening devices, involving a combination i of plantings, walls, berms,' etc. shall be approved by the Zoning officer upon determination that such devices shall i provide at least equally effective screening.. m) move this item behind j) and change three to four.. 10.4 Add "x means no standard applies". P-1 change to one space per four airplanes. v "3 Memorandum Planning Board December 1, 19B0 Page 21 P-19 Change secondary to "two students" P-21 Change to "two students" P--23 Change to "two students" 5-13 Change to "One space per employee' 5--16 Change to "One space per employee" 5-19 Change to "One space per employee" 5-34 Add athletic fields - "Ten spaces per field"' 5-35 Delete athletic fields. Article 11 a) Add the reference (See Section 11.5) b) Add the reference (see Section 11.6) c) Add the reference (See section 11.7) d) Add the reference (See section 11.9) e) Add the reference (See Section 11.12) 11.7 d) Rewrite the third Line to read "homes or dwelling units therein provided that the total number of units does not" 11.9 Change the percentage in b) to read 60%- 20-7.2 Rewrite to read"The Zoning officer in the case- of amendments to the zoning atlas shall post on the applicant's affected property a notice of the public"... 20.7.3 Rewrite to read "in the case of amendments tv the zoning atlas"_ Article 22 i Definition of general aviation airport: iGeneral Aviation Airport Any runway, land area, or other, facility designed or used for the landing, and taking-off of small aircraf:. (including 'i all necessary taxiways, aircraft storage and tie dotan areas, i) hangers, and any other primary incidental or accessory necessary buildings and open spaces.) I} Definition of extractive use: ' I Extraction of Earth Products The process of removal of material deposits of rock, minerals ores, soils, or other solid, liquid and gaseous material from its original location, Extraction may include any mechanical crushing, sorting or consolidation necessary to create a marketable product. it does not include any processing of such material, beyond incidental mechanical consolidation or sorting to facilitate transportation to the 7 C'. S Memorandum Planning Hoara December 1, 1980 Page 22 site of use or location of further processing. i 4 The following is a list of the Staff Comments in answer to the questions and comments. cpntained in a Memo from Dr. Alice Gokd'on to ;the Q.rai,:ip' County PlAnni.ng Tkoard 1113018Q. Dx. Gordonxs Memo:.. Staff Comments; Article. 1 - Gen6tAl Pro-visi dna 1.3 ' Intent a) McirAl.s - Should we include Staff recommends deletion of "moral "morals"?"? b) putpdse - Should place Section 3 The Staff feels that the purpose se of old ordinance' into proposed as it is revised provides the flexi ordinance. See public comments, that is useful for a zoning ordinax April 14, #2. Staff .agreed. It Nets forth the various things a zoning.ordinance may do for the Cot Art.i,cle 2 ;- Board of Count .,Cd1tMi9 ;i.dh'et& 2.2 Planning Board 2.2.5 Attendance. Reword to make This is a policy question which the provision clearer. Change "shall" Planning Board and County Commissi,c to "may". must address. The Staff does feel that it is an appropriate place foi this section and that it is necessa part of the ordinance. 2.2.11 Specific powers and duties c) Mtering l6 t.ds - Discuss Staff has recommended that this be ar Public 'Re -ring comments r written or deleted. j) Establish Township,,Advisory The Advisory Councils are already 9 Councils-Should add explicit place and functioning. provision. to establish Council. :<See public comments, April. 14, #15. Staff agrees.. 2.2.1.2 Comprehensive Planp Defined The 'land use plan is an important e the laud use plan should be ' of the Comprehensive Plan. It will defined explicitly; either here added to the definitions. or elsewhere. i.3 Board of Adjustments 2.3.1 Establishment - Somewhere mention This is not necessary, and is, in i it is a quasi.-judicial body. not possible. 2.3.2 Powers - Old ordinance also The Beard cannot legally amend the specifically prohibits decisions ordinance therefore stating that "1 which have the cumulative effect cannot" will have no effect on thei of amending the ordinance. decisions. Their specific powers (see Section 12.3.1) . forth. Dr. Gordon's Me=: Staff Comments: 2.3.3.4 Notice - On November 4, 1980 Staff hAs recommended some changes the planning Board voted to require in what the Board approved 11.4.80 posting of signs and Frritten (See Staff memo on specific cbauge notice for adjacent property owners. Included were meetings for special use permits (2.3.2.b) and variances (2.3.2.c). Article 4 = Petrk.tted UAd Table Establishment of Permitted Use`Table. m. Geti#-ral ,COmmeiits -�- U661th & Safet Y The general. health and safety There axe no specifications ' requiremiants are built in to state concerning fire protection or like "urban services;. Triese other health and safety considerations, mean that rUrRl a-ear,,, require less except for sewer and water. the way of police protection, fire protection etc. because they are I{ dense. Access Access requirements are not Access statements are. included in always given districts except the very broad AR R-1 districts, these do not requir access criteria. The AS and PID district will have very limited access requirements; 4.2.8; 4.2.9, 4.2.10, 4.2.11 Commercial Districts: 2-Cl, NC-2, 4.2.8 These districts have been somewl CC"3; "GC--4 Three of these districts re�wfitten to allow its applicati.o: appear to have limited applicability. Commercial Transition Activity LC-1 May be limited to Carrboro Nodes or Rural Coum�uulty/Rura.l joint planning area Neighborhood Nodes. However, it is my understanding that 4.2.10 This is restri:eted .to existing we have eliminated proposed activity type developments at'Commercia3. Ac nodes from the County Land Use Plan, Nodes 'or to use as a PD within and only show areas with existing Chapel,H�€ll's transition area. commercial uses. (Ind. uses, also) 4.2.11 The GC-4 district has been re- Potential Problem with Land Use plan to make the inten6 clearer. It sh and/or Propas d:0rdiiiartce: Do we applied to existing 'Commercial use have enoujh designated activity at Nodes within the uuzoued townsh nodes and/or commercial districts? It will also be applied iu the fut (Same problem with Ind. Districts) Cheeks, Hillsborough, and Eno town at designated Commercial. or Indust Activity Nodes: Dr. Gordon's Memo: Staff Cements: 4.2.25 Reservoir Protection -- missing 4:2.25 The Water Task Force asked tha reference to reserwi.r protection deleted from the ordinance at this They washed to proceed with their recommendations and could be forth coming with certain suggestions. 4.3 Permitted Use Table Accessri es - Last of accessory There is no need to list the permi uses for each di.stri.ct is missing -accessory usesx since the def:in3.ti states what an. accessory use is. Planned Dewelc5'r eeits - Should be some There is cross reference for perms cross-reference between permitted uses in Subsection. 7.14.2, 7.15.4, .axed Special, Uses, and Planned 7,.16.2p etc. Developments Article 5 - Dimensional. Requirements 5.1.1 and 5.1 Distinction between Lot bX Lot and Planned 'Developr ertt 'i a 'nat'clear Suggestions: Label headings more The tables will be-somewhat redise clearly or go back to using four tables make more clear the distinction be instead of two various headings. There is no maximum height limit(H2) Board decided to table discussion of maximum building height on Sept. 29. Suggestion: Staff should prepare :Staff floes not feels a maximesm heig suggested height limit (H2) and enter is necessary in Ot=ge County with into table. added setbacks required. We could change it to read 2' of additional setback for each additional 11' of height. LUI (Land Use Intensity System) The Staff has prepared a revised L The Board neven really discussed this schedule for the pLanning board wh system, though we dial hear Mr. Leary's addresses most of lam. Gordoa'Rs con presentation. Article 6- ARplication of Dimensi.oAal 'Regat6ments , 6.2 Height Limitations 6.2.1 No Secondary (H2) Height Limitation Staff feels that if an Jhdividual as long as setback requirements are met. ;per, R-1 district car affort to bui 14-story single family house, he sh be able to as only single family h, are allowed in theses districts. Basically the same comment is true for all residentiall. districts. Dr. Gordon's Memo-, Staff Comments: 6.7 Addesadr Sttlidttites - ls, this section Based on the Citizen Comments, Sta adequate,' or was the' first' draft preferable? revised and deleted some subsecti.o. dealing wrLth accessory structures. Staff recommends the present draft 6.12 Stipplemerital Rd gAtions Were there supposed to be regulations These regulations have to do with i requrequiring water and sewer capabdliities? building spacing 'requirements. So and water requirements are in Arti under the districts.. Should it be mentioned that mobile Since mobile home parks are like home parts are treated as multi.- apartment bulldings� in many Brays, family hotisingt logical to treat them under the sa regulations, It can be stated tha new mobile home parks mixet meet th family regulations if the Board so 6.12.2.4 Open Space "Open Space" is a confusing term, Staff very strongly disagrees with because in common usage it means suggestion.. host residents of Ora horizontal, open area at ground level County will not have reason to be which is covered with grass or trees. concerned with the definition of Open Space. Su estion: Use the term "exterior _ space" in all LUI definitions, instead of 'open spacer: (See Article 22 also) 6.13 Ap l,icatfon of Performance Standards •Sinoke and �lare - Why were smoke and Smoke was deleted because it falls glare dropped? the strict regulation of the Air Q Act. Glare was never included in first drafts of the ordinance and i be considered at a later date when Streets and Utilities Chapters of Land Development Ordinance are dra 6.14AO Disposal of Liquid Wastes Make special- provision far tftic dud Staff has some recommended wording hazardous wastes. memo under 6.23. Article 7 - Planned Development 7.O Plataidd bede1cipm6ftt-DisCti its R 1. Planned Developments do not go Staff and Mr: Leary have worked ou through the Special, Use Permit process wP feel will give the Coun process in the Nov. 14 draft. the flexibility of a Special Use P+ without the added step. Dr. Gordon's .Nemoz Staff Couunents; 2. F.Dts seeia less related ,to specific Staff has rerwri.ttten some of the coi conventional -zones than on' the first districts to more closely relate th, draft. Thus, the periaitted and specific districts 'of the Permitted accessory uses are not always clear. Table. 3. Wording has been added in Sec. 7.1 Staff has re=written this section s, which strongly encourages B.D.s' even We feel it is in the best: interest + in rural areas. My understanding was County to encourage PD--type develops that they were to be limited to the everywhere. 10 and 20 year transition areas of the Land Use Plan. 7:4 PD Di.sttiets = Where: dAd`Hew DE�ttuatted Should be some cross-reference to The Staff has re-written the critter: conventional districts; and permitted 'PD districts to wake them more spec; ase table. Limit to 10 a-ad 20 year transition areas on Land Use Plan? 7.4.2 Relation to Public Utilities, Staff feels that the sections as wr, gacili.tiee'and'Set#i des - Should provide the necessary reference. "P be some reference to fire protection districts shall be so located with. and other health and safety matters. respect to necessary public faci _tt 7.4.5: Additions to PD Distracts Not Sub j edt 'to'Minitttft Area'Re 'uiretnents Why not? This section has to do with subsegw additions to P.D.s developed under ordinance. Staff feels these addit should not have to meet the maaimum area requirements. 7.1.4 PD-H 7.14.2 Permitted Princi a1 and Accesspry Uses and 'Sti-ddtures a) Permitted principal uses and The applicable tesidentti.al district structures shall be in-accordance to would be the one applied for in the Article 4, for the applicable PD application. residential distract. b) What is the "applicable residential district" here? Dr. Gordon's Memo; Staff Comments; My Stiggestic�ns'fot'Atticle 7 1. Discuss the best way to accomplish True' Staff eels the Planned Develo discretionary zon.i.,.g. Districts as they have been revise staff memo) provide adequate contr for' the discretionary zoning quest Why was the Special Use procedure Staff thinks. this was mailed to al eliminated? planning Board members in late Jul early August. The Special: Use Per is -an added step that Mr. Leary fe unnecessary because the PD section covered the necessary requi Dr. Gordon's. Memo: Staff Comments: 8.8.1 Ektraeti ft of Earth'Ftdducts 8.$.8 .'u:ieeza 'Asr3ation 'Airpdtts Staff feels that these are suffi.cir: Public comments (June 30 and July 2) con.trola if the Vlanaiug Board and indicated concern about these special Coi�missi-oners will adhere to the Lo uses. Seemed to indicate stricter Use Plan & Zoeiing Ordinance. control was needed. 8.8.2 Lacidfi,lls Should speci.fi.cally ptohi,bit 'tWkic See ,Secti.an 6..23 of the Staff's meu and hazatdous yd8tes. All •landfi,lis should.be Claw A, to permit regulation by Commissioners. 8.8.4 .Group Care Facility 8.8.S Fart3.ly'Cage'k�ae ility Why were these dhanged from Class A Staff does not agree. to Class B? They are potentially as hard to deal with as Adult Uses and Junkyards. 8.8.17 Radio and Television Transmi.ttinz and Receivi.n&'Tower, 'Water Treat>nent and Sanitary'Saraage'Treetmezi.t plants and EleyAtt�d ,Wdt.dt-Storage 'Taxilcs. Is Class A or Class B appropriate See the reixision in Staff's memo. (Also look at 8.8.19) Article 9 -_Si.gas Consider Public Hearing Comments This Article has been re-written an be carefully considered by the Boat Article 11 -- Ron-Conformities Consider Public Hearing Comments There has been some clarification: a - Section - changes should very caref considered by the Board. Article 20 Ameridments 20.2 Amendments Initiation c. . 'Applidation: This suggestion would probably be f Limit application to U.S. citizen unconstitutional in a Court of Law. and/or property owner, or agent. Dr. Gordon's Xema: Staff Cozuments 20.7 PdbU Hea a n aced N4tide Thereof 20.7.3 ' 'Wti.tter!."Ndti,ce ' y The second sentence was added at t Leave wording as it was approved by request of the Planning, Board to c Planning Hoard (keep sentences one and the notice requirements. three,' but delete sentence 2. Nowhere else in the ordinance are provisions for sending by certified mail followed by a sentence like sentence 2) Additift l Section Pt6yisidn-fot -Citi.zeu Petitidns This is a policy suggestion that t Discuss the possibility of having Staff feels ebul.d be added of the citizen petitions affect the commissioners' -and the County Commissioners wi.she vote on rezonings (and also Special use All petitions can presently be pre Permits) to all Boards. One possibility is found in the proposed Draft zoning Ordinance for Chapel Hill (Attachment D) (Note: Bob Leary is Chapel. Hill's consultant also) 20.11 Comprehensive Review of Chaj�ter Change "three years" to "five years". Staff suggests, three years be reta Article .21 -- Adininistration 21.3 Powers and Limitations 'of Zfting Restrictive covenants are civil ma Officer which do not and shduld not concer d) Restrictive Covenants „- What is the Orange: County. We could not enfor ].,egal status of restrictive covenants? them in any case. Public comments on Articles 1 and 2 of the Proposed Zoning ordinance for Orange Count The following is a compilation' of public comments on -these two sections of the proposed zoning ordinance made at the April 14 Public Meeting in Hillsborough plus additional uri.tten comments submitted to the Planning Department. staff & Planning Citizen Comments: Board Cbmiftents: ]) Article 1.3 Section. 3.2 of the existing ordinance 1) Staff agrees, should be put in the proposed ordinance.. 2) Leave Section 3 (The Purpose. Section) 2) Staff ; gStees. as it is written in the present ordinance: and place it in the proposed ordinance. 3) All references to a Comprehensive 3) The definition. of Comprehen_ Plan should be deleted and reference Plan is tarluded in the existing ordinances. ordinance. Reference is mat to the Adopted Comprehensive Plan. 4) Statement should be made that all 4). See comment #I :above. Boards and Officials should preserve private property rights. 5) °' Massage parlors should be a 5) They aie special uses. special use. 6) Article 1.5 \ Suggested using the old agriculture 6) The definition of a bona fi( exemption section until a definition farm is contained in Arti.cli of a bona-fide farm is established and has been formally accepted. 7) Article 2.3.3.4 Add this to the end of the section.: 7) Norifica.ticra of public hear: The Board shall also give notice of is contained in Article 20. properties to be affected by matters It is presently written to coming before the Board. Notice shall letters to adjacent properfi be mailed to property owners not less owners and posting a. sign of than 15 days prior to the meeting (or the property. public hearing) date. 8) Article 2.3.5.1(d) Reference to the Comprehensive 8) Reference to the Comprehens Plan should be consistent instead of Plan is now consistent as referring to it as adopted or proposed. adopted Comprehensive Plan. Staff & Planning Citizen Comments: ,Brix*d Cotno_bts 9) Aiticle 2.3.6.1 9) Staff feels that the propost Ad.d Objective and purpose ordinance has adequate protc Special, use permits add flexibility to and requirements for specia; the zoning Ordinance. Subject to high uses. standards of planning and design., certain property uses are allowed in the several districts where these uses would not otherwise be accepteble. By means of controls exercised through the Special: Use Permit procedures; property uses which would otherwise be undesirable in certain districts can be developed to minimize any bad effects they might have on surrounding properties. 10) Article 2.3.10 10) Staff agrees_ This section should be reworded to make clearer the appeal process to the Superior Court. 11) The Agriculture .Exemption section 11) No comment_ in the present Ordinance is much broader than the new section in the proposed Ordinance. 12) Section 4 is alright the way it is. 12) No comment., Using the new definition of a bona-fide farm, could eventually encourage development and it could be used as a tax guide. 13) Article 2.1.3 13) Staff does nvr- agree. Some All Special Use permit procedures Special Uses ado not have should go before the County Commissioners. county wide implications. 14) Article 2.2.2 14) Staff does not agree The words "at least" should be deleted in the first paragraph of section 2.2.2 of the proposed ordinance. 15) Article 2.2.11 15) Staff Agtees_ Establish Township Advisory Councils and other Advisory Committees to assist in its functions and refer matters to theca. 16) Article 2.2.11(c) 16)- the application for rezonix This should be worded so as to or Special, Uses gives tacit limit the Board or its agents from approval: for the Staff to € entering on land except for processing on to the property in quest individuals applications or inspecting for some reason. Staff & Planning Citizen Comments: Board COftu1Erkt5: 17) I do not believe the intent was to 17) It was not intended for the go on land illegally, this could be County to be able to illegal reworded someway. enter Property. This will b reworded. 18) Strike out the words "or surveys and 18) The Planning Board needs to maintain necessary survey monuments be able to discuss the necesi thereon." of this section. 19) Article 2.2.11(f) 39) This is a Policy question The Planning Board should have the that must be decided between :final approval on rezon.ings with an the Planning Board and .Count; appeal to the County Commissioners. Commissioners. Public comments on Articles 3, 4, 11, 23 and 24 of the Proposed Zoning ordinance for Orange County. The following is a compilation of public comment, on the above articles of the proposed zoning ordinance, made during the public meetings on June 30 and July 2, 1980 in Hillsborough. Staff comments on some ideas are included for Planning Board consideration. Citizen Comment: Planning Board & Staff; Comment= Article 23.1 The fi citizen Comment: Plannin Board Staff Comment: Article 11 interpretations. is incompatible with the surrounai zones. heave wording as it is. The section should not prevent the This section refers to uses not t repair or maintenance of a structure. structures. will lots that are required to be Yes, these lots would be reassesse recombined be reassessed by the County Tax Office. Delete this whole section. (11.1) The staff would like more time for further study of this section. This section needs to be clarified(li.1b) Staff will try to reword this secs insert the wording... If a non-conforming Staff will check with Bob Leary tc use "is voluntarily abandoned by the owner if there is any reason not to use of the property". . . for more than.. . This wording. section should not allow a lessee to abandon a use but still retain the building and deny the owner of the property the use of the structure as a non-conformity. 50% proportion should be changed to 60% as This figure is flexible and can bi in the presant ordinance. set at any level that the Board ft appropriate. Add a section (c) with such wording as Staff feels this question is addi, "any structure. (commercial use) dwelling by section on Board of Adjustment can be rebuilt on a non-conforming lot. Zoning ordinance should not penalize the Hoard of .Adjustment can handle the owner of a non-conforming structure for the situation. occurance of a natrual diaster. -:� Strike the words "but not limitation"(11.12) Staff will reword this section so examples listed will. not be const, as a limitation. individuals must be allowed to repair and Staff is open to recommendations , maintain his property - regardless of the how repairs and maintenance shoula proportion of cost repair or maintenance is be handles. to the total value of the building. The owner could not,, of course, enlarge or ex - :pared the building. (11.13) General comment about structures 50% See previous comment on percent o destroyed that would have to be completely building destroyed. rebuilt, at a loss to the owner, of the value of the existing undamaged portion. You should put a period afterh the word Staff requests more time to resole restored. Drop the zest of the section. questions about 11.9 concerning Citizen Comment: Plarininc�Board & Staff Comment: Article 3 3.2 Why call it an atlas rather than a zoning districts will be shown on , zoning map. series of maps bound together rath= than on one sheet, therefore the name atlas. 3.3 Who is the County Clerk: is Yes. it really the'Clerk to the Board of Commissioners. 3.5 This section needs to be reworked. -Staff agrees. 3.7 Delete reference to be misdemeanor No comment. and add reference to being "fired". 3.8 Shall. become effective 5 working Staff agrees; will rework worda.i:,g. days after day of enactment. 3.9 Strike "it may correct previous Staff would lake to discuss this errors and ommissions." with Bob Leary. 3.10 A new interpreta.tiori of boundaries Staff agrees. shall not void previously issued permits. 3.10(f) Strike entird section. This subsection wakes reference to subsections and draws logical concl from them. 3.12 Don't take anthing or any rights away Prohibition of some uses is the ba: from the individual. cif the permitted use table. 3.13 There should be a time limit This should be addressed as a matte included within this section. of County policy and not in, its ordinance. Article 4 Delete S-52 froth RRT and AR districts. S-52 and S-53 are presently being x written, by the staff Add non-profit to S--52 definition. see above comment. Can you build several tennis courts A court for personal use is permitt without a club building under the proposed several would not be allowed.. ordinance? It should be noted that adoption of a Flood hazard areas are not design.at flood plain ordinance will not open up for public use. these Lands for public uses. Flood hazard designation does not c ownership of land, it places certai use restrictions on it. Citizen Comment: Planning Board & Staff Comment: R-3, R-5, R-7, R-5, R-10 Do all garages have to be attached Staff believes that in high and a maximum of 400 sq.ft. intensity use areas that is not a restrictive requirement. R-15, R-20 These seem, to be very unreasonable Lot sizes do not allow much variai restrictions on the attached garage. in placement and size of garages_ Will. S-52 and S-53 be rewritten to Staff has rewritten the sections add the wards non-profit (this comment and S-53 see the attached definit: applies to all residential districts) S-54-A Add the word riding before the Staff agrees. word club. Accessory uses A-4 garage square should Staff agrees and will develop a s:: be changes. scale depending on the lot size. Define what a home occupation is. See defixaition section. Define a commercial use. See definition section. Concern was expressed about allowing Performance standards will be att, extractive uses in a residential area. to the i.s miance of a special. use I which will protect adjacent uses. Airports and extractive uses should be a Staff does not agree as this w rxlc required rezoning rather than a special cause, spot zoning. use permit. Concern was expressed for the protection. The County Zoning ordinance can nc of mobile home owners and existing mobile govern putted uses within anoti home parks within the joint planning areas jurisdiction such as Chapel" Hill. of the County, those areas subject to annexation. Concern was expressed that agricultural Staff agrees but the problem is L land needed to be preserved in some way. than a zoning ordinance can handle P-5, Bus passenger shelters should be Staff agrees. permitted in all districts. The joint planning process should be a, two Staff agrees and feels the County way street and the County should not have Interests will be preserved by the to do all the compromising. process. Why is P-29 allowed in General industrial? Staff will strike this as a parmii The designation manufacturing will. be Staff comment_ changed to industrial. In rural industrial change negative impacts Staff is considering a special use to In-1- hnllnA p-)Y r +h m" 'Kis-I 1 A i— z_.._ _____,.,._T _--_-----a.__ x � .. Citizen Comment: Planning 13oard &_ Staff. Comment: Some of the permitted uses in RI district 'Staff agrees, see above torment. on would have impacts beyond the building. rural processing. S-43 Shooting ranges should be focused Staff agrees, studying more. approp only on intersection? districts. Concern was expressed that many permitted Staff is studying this question, b uses with negative impacts beyond stated wants to avoid making all uses spe boundaries should be special uses rather uses. than permitted uses. Some rural commercial uses listed as ;staff agrees and will revise the t permitted have negative impacts beyond the lot. :Airports on 'two acres of :;and? Airports will be removed from Spec Use Category cif R1 district. Would you please find out what type staff will find out. industrial uses are allowed in RTP? Will you allow retail use in the No. HI-RI zone? Concern was expressed about the size No comment. of the watersheds in the County- or the districts that overlay as reservoir protection areas. The protection of watersheds should lie with Staff does not agree. the Health officer and not with an arbitary lot. size. Do not exclude church schools from permitted Staff does not want to regulate uses in any areas. churches, but we feel that accessc church school uses do constitute a different type use and. should be regulated in residential areas. • t. Public Comments on Article 5, Article 6 and Article 7 of the Proposed Zoning Ordinance for Orange County. r The following is a complication of public comments, on the above Articles of the proposed, zoning ordinance, made during the Public Meeting held on Tuesday., October 14, 1980 in Hillsborough. Staff comments on some ideas are included for Planning Board consideration. Citizen Comment Planning Board & Stuff Comment 1: 5.2.1 We need to have Mobile Home 1. Staff agrees with this comment. Parks in Orange County and they need to be nice places to live. You should change the square foot- age requirements on this sheet. 2. 5.2.1 There is a typo on the 2. It will be corrected. R-7.5 district. 3. What is res6rvior protection 3. Reservior protection' is for only and reservior protection bonus? watersupply watershed and includ the lot size that would be`requi on a lot by lot subdivision. Re ervior protection bonus is the i crease in density that would be lowed if the developer were to m M, certain development standards fo the protection of the watershed. 4. Reservior Protection will make 4. Yes, it will.. The Board of Adju a number of uses non-conforming anent can make findings on the ha because of lot .size. shllgs that this may cause for so individuals. 5. Why are you regulating the 5. The height of buildings in a height of buildings. neighborhood sets the character of the area. Maximum heights will keep very tall buildings ou of areas with shorter buildings. 6. 5.2.2 Why do the floor area 6. The more intense the development ratios go down from R-3 to allowed in an area the greater R--40? the floor area ratios will be, s the larger numbers are in the mo intense districts. 7. Are all these ratio's maximum 7. No, floor area ratio is the only amounts allowed? maximum ratio, all the others ar minimum amounts of area required { r � 4 Citizen Comment Staff Comment 8. Why don't you label these charts B. These numbers are intended to be as development guides rather absolute amounts under or over than absolute requirements? which plans would not be approve Within the restrictions, develop would be allowed to do as they s 9. 5.2.3 What non-residential 9. such things as substations, trap uses would be allowed in mission towers, treatment plants residential districts? etc. are allowed uses that are n residential in character. Only allowed in Article 4, Table of P Uses_ 10. These ratios are not as rigid as 10. Staff agrees with this comment. they might seem and they are based on other good developments that people agree are good designs. 11. 6.5.3 Why do you want to 11. staff feels that the indiscri.mi.n regulate the placement of fences placement of fences can cause se and walls and also the height difficulties for motorists and m of fences and walls? These are destroy the character of a resid too restrictive regulations. area. However, the maximum heig allowed may be greater than 69 o side yard' and 311 in a front yard could also vary with the intensi allowed 12. 6.6.1 Why can you not have a 12. Staff feels that "accessory stru higher than 141 accessory building? to be truly accessory must be of scale-cale- than the primary u in rural areas it may be. appropi to have taller structures_ 13. 6.6.3 Why can't the accessory build- 13. The reason for building setback ings go right on the property lines? is to protect adjacent, propexty fire, allow for privacy and not tract from the value of property 14. 6.6.4 The maximum height of an 14. Staff agrees. attached garage should be 25' just like a house. 15. 6. 10 This section should be in- 15. Staff feeds that this is an apex cluded in the subdivision oxdim- location to discuss subdivision ance and not in the zoning or- regular lots. dinance. 16. 6.11 You should make sure that 16. Staff makes every effort to pub] developers come to these meetings. these public meetings and to so] K public comments. Citizen Comment Staff comment 17. 6.13.3 This section is to 17. Staff feels that requiring non- ` restaricti.ve, stay with the conforming uses to come inato requiremOnts of the State compliance is a Legally tested Statutes. avenue for the County to pursue cases where negative impacts on adjoining property exceed accept standards. Article 7 ' 18. 1 object to the word "promote" - S. Staff feels there are instances and prefer the word "protect" where the County would want to p when used in conjunction with rather than just protect the gen the phrase general health, -health safety and welf=are. ,safety and welfare. 19. 1 think you should put a reasonable '19. Staff disagrees. tine limit on the start of construc- tion for P.D. "s rather than six months. '20. 7.19 Add the word adopted before the 20. Staff feels that the comprehensi words comprehensive plan every- plan is a series of documents, s where it appears in the zoning or-' of which have been adopted by th dinance. County Commissioners, other of w are still being worked on. Addi the word adopted is unnecessary. 21. A general comment that church 21.,1_1 Staff feels that schools have im schools should be allowed every-- on adjoining properties and shou where there are churches allowed,. be regulated as to the placement the 'school.. 22. 1 thank that most of Article 7 could 22. St.aff disagrees. be included in a table. 23. In°VD-7MU .districts you:"should 'allow 23. Staff agrees. the sale of second--hand goods. Public comments on Article 8 and Article 21 of the Proposed Zoning Qrdi.nance for Orang, county. The following is a compli,ation of public comment, an the above article of the proposed `-oning ordinance, made during the public meetings held on the 25 and 26 of August, )80 in Hillsborough. Staff comments on some ideas are included for Planning Board R' consideration. Citizen Comments: Planning Boast: and Staff Comments: 1. 8.2(a) I object to the word"p-Fpmote'" 1. Promote Is a stronger word than this word does not necessarily set up good dertremental. and staff feels that criteria. I feel that this is not a good it should remain. termo 2, 8,2(c) 1 object to the word "enhance" the 2. Staff feels the word should staff value of contigous property. 3, 8.2(d) Rather than the word "compliance" 3. Staff feels that compliance is cotild the wards "substantial conflict" be what should be looUed for in used?. proposed Special. Uses; not sub- stantial. conflict. 46 8.2 It should be the ,responsi.bility of 4. It should be the responsibility the. County to supply. all the items listed of. the applicant to supply any in the last sentence. necessary information on their a:ppli cailon. 5. 8.2 The applicant should'ask his neighbors '50 No comment. before he requests a„Special, Use Permit so that they know what he plans. . 8.2 The wording is very restrictive. 6 Staff does not agree; it places the oresponsi.bili.ty where it bel, 7. 8,4.3 A minimum of 120 days would be 7. Staff feels that it can take required for approval of a SpecialMse considerable less time than 120 Permit. days to get approval on most Special. Use Permits. 8. It soul.d be helpful if you had a flow chart 8. Staff feels this would be a goof on the actions necessary to obtain a Special addition to„ a p6l,iCy manual. and, Use Permit. citizens handbook. 9. &.5 Can you replace the word "reasonable” 9. Staff feels the word reasonable with the word "neccessary" be.cause 'reasonable is correct in this instance. people do not need to be told to be reasonable. 10. 8.5 The 14ording in this section should be 10.. Staff agrees, the conditions go changed to "such conditions shall Arun with with the use and with the land. the :Land and use etc." 11. 8.6 What type owner(s) does this section 11. Staff feels that the owner(s) refer to? Actual owners or owners of record? would be as listed in the Count, tax records. 4. Citizen Comments: Planning Board and Staff Comments: 12. 8..7.1 Will the adjacent property owners 12. Staff feels that the owners} be notified of any changes in the plan? would be as listed in the Count Adjacent owners should be notified of tax records. nX changes. There should be a.state--` meet added about adverse impacts. 13. 8.8 The extraction of earth products 130' Staff agrees that all extracts( should j:nilude everything except water„ of earth produt:_ts should be 3n- You should also add gaseous matter. Can eluded here (except water). 01 you crush racks at the site of extraction? the processing necessary for transportation will be allowed. 14. 8.8.1.1 (5) What documents are you using' 14. Flood Insurance rate maps done to disignate flood hazard areas? Define the Corps-of Engineers or soil this please. survey maps. A flood hazard a= is the area subject to floodinj in a 100 year storm. 15. 8.1.2(A) Noise and vibratibn levels should 15. Staff feels that it would be be measured at the property boundary rather appropriate to measure noise ai than the extraction site itself. vibration, at the property Line of the extraction. site. 4 16. 8.8.1 .2(D) All roads should be 'treated 16.' Permanent roads are to be with a dust inhibitor. - " paved and other .roads should b treated with dust inhibitors. 17. 8;8.2 In the definitions of landfill l*�, The,State and Federal, Govermen mention should be made of hazardous and nowt regulate the, us.e and dispo toxic wastes and how the County will of these materials and do a be regulate.. them. Industrial wastes jdb„. than the Cw .ty could, Ar should also be included in this. 6 will make reference to these Do these things have to do with private !, Aaws. extraction or only commercial activity? The .definition is intended to all extraction of earth produc and the ,iRegative impacts these 'activities have on adjacent u.5 18. 8.8.3 Make all references to fioodways 18. Staff will changes all referent and floodhazard areas consistent.- so that they are consistent „through out the ordinance. Staff -agrees with this change. 19. 8.8.481 Family and Group Care the reference 19. Staff will do this as necessai to 8.8.1.1 should be rewritten and clarified. 20. 8.8.6.1 Isosonic contour's should go out more -20. Staff feels that for a general than one mile. aviation airport isosonic cons of one mile would be adequate, citizenComments: Planning Board and Staff Comments: 21. 8.8.14"' Is there a difference between ' 21. Yes, there is a difference. Th private and public cemeteries? 'Mat State does not. regulate church is required by State law? run cemetari.es and family cemetari.es, it does regulate commercial ventures 4y Informal requireang that the iadivldual. 6 have local approval prior to liesencing? 22. 8.8.15 Are you regulating private and 22. 'des, these requirements are public day, care facilities? Is there a intended to regulate all, day minimum number of students allowed without care• facilities, both private: a State regulations? public. These have the same on adjacent uses.. The maximum number of sttidents facility can have without ccomir under state regulations is 4. Staff does not feel that there should be a distinction between commercial and church rust day cane facilities. 23. 8.8.19 1 think you should prohibit 23. IC is impossible to prohibit transmission lines in excess of 15,000 transmission lines everywhere.. volts and 100 P.S.I. 21.2 I object to the definition of the 24. Staff agrees and as a policy to duties of the Zoning Officer. They not 'send County Employees onto should not be allowed to go on private individuals property. An appl: property without permission. tl6i% for rezoning, P.D.or• Spec: Use Permnit. would *be app-icoval f4 the Zon igg Officer to visit tip . sate as necessary to make a re commendation. 25. 21„2 "Duties" should be changed to 25. Staff feels this is an unneeesa functions of the Zoning Officer. change. 26. . 2L2 What are necessary functions in 26. The Zoning Officer might have carrying out his iesponsibili.t:y? see how the site and building • used, howl adjacent uses are sc or what adverse effects a use on adjacent property. 27. 21.4 Zoning Compliance permit „shoulA' 27. This ordinance does not Vegula not be required for any agricultural any agricultural uses assaciat buildings or uses. with farms, but it does regul.a farm implement dealers, grain. dealers and farm equipment sto Public continents on Article 9 Signs and Article 10 Off Street. Parking Standards of the Proposed Zoning ordinance for Orange County. The following is a compl.iaticn' of public comment;on ,thh above article of the proposed oning ordinance, made during the public meetings held on the 23 of September, 1980 .n Hillsborough. Staff comments on some ideas are included for Planning Board consider Lion. Citizen Comments: planning 'Board & Staff .Comments:1 . 1. 9.3(i) This size sign should be less 1. Staff feels the one 41 x 8' shee restrictive, it should be 45 square of plywood could be adequate for 'feet. -these advertisements.. 2. `9.`5 _'These reterictioris are 'too severe and „ 2. geaf€' „cfiisa.grees that banngrs; should be revised. New businesses need to streamers and direct illuminatio use these devices as a promotional actirrity are necessary for new or exi.stiu to attract attention. businesses. 3. 9.6 Reco,rd,.this section so that utility 3. Staff feels that utility pole's o poles on private,+property. caa.�be :used for private property can be used for signs and' short term advertising of fairs items :Listed along with trees an =and political, signs. rocks provided they lie outside the right of way., 4. "9.8(a) You should let real estate, 'signs .4.' Staff fee"Is the s3.gns could stay stay up after a sale and the size of the up, for a period after the sale sign should be at least 34 square feet 0 week) but that the smaller si :for one acre. arO appropriate for smaller lots ( 4 square feet). S. 9.8(b) Can the construction signs on 5. '4taf`k does not feel that the see Federal projects come down within seven days day.,time Limit will cause probl,e of certificate of-occupancy, .for projects -with Federal, money. 6. 9.8(c) This whole section should be struck 6. Staff feels that some regulation from the ordinance. the number. and.,size of signs sho c: 1,e: ion iu4 d in the' ordinance. T :to:tai squarre footage of signs sb _. not exceed:42,,square feet. , 7. . 9:9(b) This section is too restrictive 7. ,.Staff feels that khe amount of s and should be deleted. and number of pole signs should. regulated.. 8. 9.12(x) This should be deleted. 8. Staff disagrees„ 9. 9.12(b) This should be 10 or 12 square 9. Staff disagrees, home occupation Meet. in a residential subdivision she not intrude on the residential c acter, 1W 9.12(c) Signs allowed in a rusidential 10. Staff disagrees with this commen district should be bigger in square footage. and feels all businesses in resi Businesses located in a .residential area should areas should meet the requiremec he exempt from those requirements. Citizen Cottmen t: Planning Board and Staff Comment; 11. 9.14(b) Delete the whole see-tion. 11. Staff Edil,4 that various distri.c . may allow roof signs and the' Sta will provide new information on Various iocational and size xequ ments. 12. 9.14(c) Delete the whole section. 12. See comment above. 1:3. 9.14(e) Delete the whole section. 13. See comment to 9.14(6). 14. 9.15 Ilaybe you should address signs for 14. Staff Is in the process of comp] interstate traffic in this section. ing a matrix of the districts ar what size and number of signs tl would be al.lowed. 15. The owners of existing signs should 15. Those 'signs that are conforming not be restricted in any way in the could be maintai Public comments on Articles 22 and 20 of .the ;Proposed zoning Ordinance for ,Orange County. The following is a compliation of public comment, on the above articles of the proposed zoning ordinance, made during the public meeting held can Tuesday, August 25 and 26, 1980 in Hillsborough. Staff comments on some ideas are included for Planning Hoard consideration. r. Citizen Comment: Staff Conuneotx 1) Article 21.3.1 1) There is a distinction betwer The definition of building and structure these definitions, as buildii are very similar and may cause confusion in are included in the definiti.( .int:erpertation in the future. Consolidating of structure., them may be helpful. 2) Article 21.4.2 2) These lots wall. be non-conf6i Will lots that are made non-conforming lots - it would be hoped that by taking for emiment domain be non-conforming public body will purchase the or conforming the wording needs to be made mainder of the lot and not t( more clear. non-conforming sots and to cc sate the landowners accordinc 3) Article 21.4.8 3) These are general. statements How will you regulate or measure the tended to convey an idea of ! free flow of air 'or light? This will be what things are allowed in sE very ditfcult to enforce. It should be The ordinance will not regula deleted from the ordinance. hedges and landscaping that t interfer with visibility alor streets and intersections_ :4) Article 21.4.9.2 4) This definition :reeds to be This definition needs to be rewritten, what complex because all lot; it is very unclear. not rectangles and there must some way to figure out lot de on an irregular lot. 5) Article 21.4.9.3 5) Staff feels that the definiti This definition seems as unclear ;as 02. needs -to be Written in legal. . language because of the var.i.c shaped lots. 6) Article 21.4.9.4 6) This is a staff comment: the There is some wording missing at the wording`id" shal]L be construde end of this section b),. in accordance with the prevai building pattern or the preva lotting pattern: if a building pattern has not been establis Y Citizen Comment: Staffs Comment: 7) Article 21.5.5 7) The required side and rear se Accessory building should be allowed backs are minimal. Accessory to be placed on propeity lines. You are structures are allowed in sids trying to regulate too many things'. Why do rear setback areas up to 3' f you have to have setback at all? Can you the line. Setbacks are requi plant trees and shrubs in this open space? :allow for the movement of air What can and cannot be placed in the open around buildings„ provision o space? light; and to give privacy to structures_ gees and shrubs be planted in the setbacks pr they do not hinder visibility intersections. No accessory tunes can 6e placed in front and all accessory structures more distant from the street the primary use`. 8) Article 21.7.8 8) Foster homes would be regulat Where would foster homes come in this under this definition; staff definition? Could you have 5 foster children asked Mr. Leary for an expand under this definition? definition of both group hone family rare facilities. 9) Articles 21.7.13 and 21.7.14 9) They are similar, but staff a These definitions sewn to be very attempting to provide as must similar. ,._Are both necessary in the section? flexibility as possible in ar proposed or existing use. 10) Article 21.7.20 10) Horne occupations occur in r( why do house occupations have to be dential areas and should not .entirely within the dwelling unit? Coo you impacts beyond the building i allow any signs"..Xor a home occupation? -visually or audibly. Yes, a 2 sq. €t. sign will be allows a home occupation. .11) Article 21.7..21 11) The definition attempts to c This definition seems very ferentate between these two i Vestrictive. You should also define a repair and the impacts each would hi garage/body shop. l hope you are not denying adjorning property. Service citizens access to repair facilities. There are would be appropriate at more differences of impact on the environment between tions in the County than wou service stations and repair garages. repair garages. 12) Article 21.7.28 12) Staff agrees.. This definition seems to cover a multitude of sins. a " Citizen Comment: Staff Comment: 13) Article 21.7.33 13) Staff agrees. Add the word "and" after parents and delete the term "under the minimum age for education." 14) Article 21.1.35 14) Staff belai"ds the U.S: constituti Xs there Ony way you can limit the will not allow this distihction_, definition of church to only recognized religious groups? 15) Article 21.9.4 15) Yes, it cant be joint ownership or Can more than one person :own the 'partner'ship or co-owrrxership :of.the mobile home park's 16) Article 20 16) Amendments 17) Article 1:9.1 171 This question has been addressed Where is the Comprehensive Plan, previously by the staff. what does it include and when was it adopted? 18) Article 19.3.2(c) 18) Staff agrees that changes may be a The proposed change may not be an addition to the existing ordinance error or oversight but only an addition. and not an error and will insert t wording in the Article. 19) Articie.19.6 191 As a policy, the County Planning What newspapers are of general Department sends notices to. the circulation in orange County? newspapers that serve the area of rezoning request., 20) Article 19.7 20) This is a staff comment. This section is out of place and should be moved to before 19.4. All other numbers ,should be redone. 21) Article 19.10 21) Staff feels that the fee schedule High fees are discriminatory against be set as at imatter of poli.y by th most people and should not be allowed. Board of County Commissioners- TIC Staff would recommend the fees be on the amount of staff time to rev the proposed changes. These are the unofficial comments made by citizens.. at the. public hearing on November 24, 1980. These are not intended to be considered minutes of the public :hearing. CITIZEN'S COMMENTS STAFF CCfVDUMS 1. Allen'Biermann Opposed to Atlas, unsafe, not zoned I. The Atlas is not unsafe nor unfaa fairly. 'Industrial and Commercial is -Industrial and Commercial is not underzoned. underzoned.. 2. Bavid Borst Where input into the zoning came from: 2. Staff has no comment He questions the cast the landowner Staff refers to citizen input incurs. His lot rezoned Ag/Res opportunities such as the Planaix "no one here has been considered.' Board meetings and the public hearing. 3. Mrs. Lena Murdoch Does not want commercial zoning, .3. 4. lied Hazard Proposed airport land was the only 4. No special use permit has been unzoned land available. Requests applied for a general.. aviation Special Use Permit. Requests 140 airport through application of acres be zoned light Ind. Article 8 and Subsection 8. Staff recommendation is that alZ land be zoned Ag/Res« 5. Ernest Crawford Has no present plans for his 10 acres 5. Staff recommends this land be zor on Hwy. 54, but wants it zoned Gen.. Comm. Ag/Res. No ad��ce zoning of uni Ndeveloped lanai has been 'recommenc This land is at a Land. Use Flan. Node (BH—l) . 6. Mr. Shoffler Has 30 acres farmland, wants to stop 6. No special use permit has been proposed airport. Wants res/Ag use applied for a general aviation only, airport through application of Article 8 and Subsection. 8. Staff recommendation is that all land be zoned AS/Res. 7. Edward Johnson Agrees with Shoffler. Fears Jet aircraft. 7. Staff has no comment. Feels airport will cause noise problems for dairy farmers. Brought up fact that fire protection will be inadequate, fire tax rate will increase. 8. Charles Williams Favors proposed airport. Has private. plane 8. See Comment A. of which he has limited use because of the proposed shut-down of the Chapel Hill airport. Brought out fact of large influx of money into area by airport. Advised that flight Crag. would cease if airport Put in and noise would be greatly reduced. CITIZEN'S CQ M NTS STAFF COMMENTS 9. Michael Price Favors Ind. zoning, favors movi.n.g 9. The area around the proposed air flight t;ng. from areaw not proposed for inductri.al deve meat because it was felt that it would be an inappropriate use of the land in that area. 10. Dan, Owen Objects to airport 10. See Comment #4. 11. Ralph Warren Opposes commercial development 11. See Comment 04. 12. Jim Loeb Company he works for has bought land 12. : See Comment #5. on Hwy. 54. Requests Gen.. Comm. so they can proceed with plans for office bldg. 13. George Blackwood Favors airport and Ind. Dev. 13. See Comment #4. 14. Darryl Tucker Brought out problems with junk yards 14. Staff has no e-omment. on private property. Opposes this. 15. John Rudd Favors airport. Chapel Hill has 15. See Courment #4. unblemished safety record.. No significant noise pollution in Chapel Dill. 16. Ralph Peary Questions who is on Zoning Board. 16. Staff has no comment. Refers to a well that has raw sewage running through it and nothing has =been done about it. THIS CONCLUDES ATLAS C©MS DRAFT CITIZEN'& COMMENTS STATE' COMMENTS Article 1 17. Allen Biermann Favors strong Zoning Ord. Ordinance 17. Staff disagrees with these cormei presently being considered strongly The concept of planned developee; undermines the concepts of a zone. allows both the developer and coy Opposed to concept of planned develop- greater flexibility while the meat. Refers to Sec.. 7-15 & 14 and standards imposed protect adjacei states wording is vague. land from adverse impacts. 16. Betz Lloyd Legal counsel should check validity 18. The County Attorney has found no of Article 1 3-10. wrong with the intent or purpose sections, 19. Stanley Bennett Supports intents of zoning ordinance, 19. Staff has no`,cannment_ especially Article 1. 20. Risky Allen Opposes strong zoning on behalf of 20: Staff has no convent. future landowners. Not a present Landowner. 21. Bill Nelson Opposes strong zoning 21. Staff has no comment. 22. Josephine Barbour Opposes zoning ordinance. Stated it 22. Staff agrees that a zoning ordia imposes on personal freedom: does limit some forms of private undertakings.. 23. Norma Shultz Agrees with Mrs. Barbour (opposes) 23. See comment #22. regulations as written "we have no rights" Article 2 24. Tony Sevier Refers to Article 2, 2.12 Promotes 24. The wording of this section has private industry mbcUfi:ed. 25. Ben Lloyd Pg 2--2-10 (2-5c) Suggests this be 25. The Planning Board has deleted t deleted as it does not agree with 2-2-10. Subsection. Pg. 2-6 Bad attitude of Board. to See Comment #24. protect public interest over private interest. Pg. 2-14 Questions Tech. Adv. Comm. t.. This sectiau has been xe-writtem Is it in place and functioning? expanded to more Clearly define purpose* URAFT CITIZEN'S COM NTS STAFF COM ENTa 26. Mrs. Harbour 2.3.3.7 Questions the approval of 24. See Comment #24. Public over private interest's.. (it overrides individual righis in Orange Co.) Questions length of time the board will The zoning ordinance cannot legi.a take to act on appeals or Board's action by the Boakd of County disposition of matters. Commissioners. 27. Commissioner Barnes Questions Mrs. Barbour on what time limit she's referring to. 28. Mrs. Barbour Article 2 is inconsistent and should be 28. Staff thinks the inconsistencies reviewed. have now been taken care. of. Article 3 29. Ben Lloyd 4.1 Studies on sewage in Efland area 29. Staff has no comment. are needed if it is zoned Residential. 4.10 Suggest using Eno State Bark for Staff has no comment. water supply and to delete Eno St. Park, from potential daze site is not good judgment. 30. Ed Copeland How will you provide sewage and water 30. '`Staff dares tot feel. the County ci treatment in an area that will not pass provide sanitary sewer to'all ray the perk test? (as his land is) that is not suitable for septic tanks and drainage fields. Article 5 No Comment Article 6 31. Ben Lloyd Pg. 6.4 (6.12) Too restrictive 31. Staff does not agree. Pg. 6--2.1 "Too restrictive (100 ft. Staff does not agree.. restriction is goo great an area) 6.16.6.1 & 6.16.6.2 Too restrictive. These sections have been re-writt 32. Ricky Allen Favors the January meeting. 6.13.3 pg. 6.15 Look at this section 32. These performance standards appli closely (goes. 24-mo. compliance) to commercial and industrial, use: must comply with these yregulatioz within 24 moxiths. URA Article 7 33. Benz Lloyd Re-study 7.1, 12, & 14. 133. Section .7.1 bas been clarified tc encourage PD's rather than requix 7.12 is intended to allow small commercial developmii nts. with a tc designed residential comimun.ity, t Why the commercial'uses are so cl defined. Article 8 8.8.9 lb should be deleted (Consider Staff feels that any anew: airport: not tying any Orange Airport with the should conform to the airport: sts Triangle .J Council of Govn't;) and to any other documernt& the Cc has produced to govern its growtI 34. Ben Lloyd 8.16 Cemeteries. Clarify to mean 34. Staff agrees and bas clarified ti "commercial." not "church" cemeteries 8.19 Restrictions on the Utility Co. 's Staff feels there are inappropris need studying. for public utilities to iusta LI 1 transmission lines. Article 9 35. Ben Lloyd Pg. 9-2, see. 945 delete 35. This section has been modified. 9-2 bottom paragraph-utility ,co. This section has been clarified. should have say-so on signs on poles on. private, property 9.2.8 Re-write (sign size) Staff does not agree with this c 9.3(h) Too restrictive This subsection has been deleted 9.5 Suggests maintenance on existing Staff disagrees. signs as :apposed to si.gta. restrictions. 36. ,john Cates Too expensive for citizens to comply 36. The County has seers fit to more with sign ordinance. Why should anwaty regulate other tbiugs and staff -say "no" to signs which State and Fed. that signs are In. need of regul.a govul t has approved. by the zoning ordinance. 37. Mrs. Barbour 9-8 Too restrictive 37. Staff does not agree Article 10 10-1 Delete this section Staff does not agree. T s ' Article 11 ' 38. Don Sinki:ew'icz Has lots in Wildcat Creek Sub. that are 38. The sots m y be iron--conforming not 40,000 sq. ft. if zoned AR some but that does not affect the use of the lots will be non-confgrming. the lots. Houses may be built or lots and additions may be made provided that the: structures meet setback requirements. 39. Ben Lloyd 11.4 Delete this section or revise to 39. The Staff has suggested that the say replace structure but not expand. figure be raised to 60%9, But the- feels that non-conformities need be treated strictly. 40. Mrs. Barbour 17..1.3 Re-word this - there should be 40. Staff does not agree. no limitations on maintenance and repairs to a structure Article 20 41. Ben Lloyd 20-1 at Bottom #8. feels Wrap requirement 41. Staff feels this requirement is is unreasonable and should be re- justified. studied. 20-2, 20.4 Suggests that the petitions This is strictly a policy questio for amendments be changed so the Board that must be addressed by the receives on a monthly basis Planning Board and Board of Count Commissioners. 42. Mrs. harbour 20 73, sec. 20.7.3 Change to return 42. Staff feels that a certified sett receipt requested. is adequate and less expensive. Article 21 No Count .i i•.i1 { r•' i I 1 \. ,F. F\, !7�- L• ` 4•• ' ... 'S- ..+ - - i, � ° . o oK. N , CATlp f .FOR-', lk # ltwA-TIC : CF' \+fit/.r[J�t}[�'�'�'l5�j�Y�.•.•+.�� :. t _ t L' .. . .1•'!. _ .. i - - -..�D.YV 1'�• i,1,1.), ri. -•-- •f~ 1 ••• f kT Itw Y o rA� r -T-rNFJLlMttJArCYCf � tC _ �. L' lFEY1l 3 �i`p�P{�iS��•1•FN'l I7`�f7 t�LF..:iJl�i:FN�j .0 .. _ �t`�� . .. J` i TLN• A• MAY .AkWrtes� i ' :.. . ':_'� .. Li5T5•:-X07=;:'. t Gu WftMA R�51D AL �5 C�1Dt+I D ROItr; .. . .1 �I 1 •,. �.� �crirrs APtKo'riE �� '• •-�YN�tT-'. 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