HomeMy WebLinkAboutAgenda - 09-08-2015 - C3 73
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 8, 2015
Action Agenda
Item No. C.3
SUBJECT: Unified Development Ordinance Text Amendment — Recreational Land Uses
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Michael Harvey Planner III (919) 245-2597
Development Ordinance Outline Form - Craig Benedict, Director, (919) 245-2585
Sign Amendments (UDO/Zoning 2015-
01)
2. Proposed UDO Text Amendment(s)
PURPOSE: To hold a public hearing on Planning Director initiated Unified Development
Ordinance (UDO) text amendments to revise existing regulations governing the development
and use of recreational land uses.
BACKGROUND: The Board of County Commissioners (BOCC) approved the Amendment
Outline Form (Attachment 1) for this item at its May 5, 2015 regular meeting.
Staff and the County Attorney's office have determined existing definitions and classification
methodology for recreation land uses (i.e. relying on the profit/non-profit status of said
operation) is inappropriate and inconsistent with acceptable legal practice. The current
methodology has concerned staff for some time and has even complicated recent enforcement
efforts relating to the discharge of firearms on private property and addressing the purported
establishment of an outdoor recreational field off of Old Greensboro Highway.
Staff is proposing to overhaul our current regulations by:
a. Establishing a new definition for a recreational land use with no reference to its tax
status;
b. Reviewing the types of recreational land uses permitted in each zoning district and
suggesting revisions to ensure consistency;
c. Developing new standards governing the development of recreational land uses for both
private and commercial purposes; and
d. Developing standards governing the discharge of firearms from both a business and
personal enjoyment standpoint.
For more background information please refer to Section B.1 of Attachment 1.
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FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1 .
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Receive the request,
2. Conduct the Public Hearing and accept public, BOCC, and Planning Board comments.
3. Refer the matter to the Planning Board with a request that a recommendation be
returned to the BOCC in time for its November 5, 2015 regular meeting.
4. Adjourn the public hearing until November 5, 2015 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Attachment 1 75
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-04
Revision(s) of existing definitions and regulations governing the development of
recreational facilities within the County.
A. AMENDMENT TYPE
Map Amendments
❑ Comprehensive Plan — Future Land Use Element Map:
From: - - -
To- - - -
❑ Zoning Map-
From- -- -
To: - - -
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s)-
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s): Section(s)-
1. 5.2.1 Table of Permitted Uses — General Use Zoning
Districts;
2. 5.2.2 Table of Permitted Uses — Economic Development
Districts;
3. 5.2.3 Table of Permitted Uses— Conditional Use Districts;
4. 5.7 Standards for Recreational Uses, and
5. Article 10 Definitions.
❑ Other:
76
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to revise existing regulations and definitions of
recreational uses.
While reviewing an issue with the Attorney's office it was determined the County's
existing definitions and classification methodology for recreation uses (i.e. relying on
the profit/non-profit status of said operation) was not appropriate and inconsistent
with acceptable legal practice. The regulation and permitting of recreational uses
should be based anticipated impacts of said use rather than on its `tax status'.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to-
t cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
Recreational uses are defined as follows within the UDO:
• Recreation Use, Non-Profit: An indoor or outdoor recreation use owned by a
not-for-profit corporation, according to the laws of North Carolina.
• Recreation Use, Profit: An indoor or outdoor recreation use owned by an
entity other than a not-for-profit corporation.
Recreation Use, Non-profit land uses are allowed, through the issuance of a Class B
Special Use Permit (i.e. reviewed and acted upon by the Board of Adjustment) in-
1. All residential zoning (i.e. Rural Buffer (RB), Agricultural Residential (AR), Rural
Residential (R-1), Low (R-2), Medium Residential (R-3, R-4), and High
Intensity(R-5, R-8, and R-13) districts.
2. Commercial zoning (i.e. Local Commercial (LC-1), Neighborhood Commercial
(NC-2), Community Commercial (CC-3), General Commercial (GC-4), and Office
Institutional (OI)) districts.
3. All industrial (i.e. Light Industrial (1-1), Medium Industrial (1-2), Heavy Industrial (I-
3)) districts.
4. Within a Master Planned Development Conditional Zoning (MPD-CZ) district.
Recreation Use, Profit is allowed within the Community Commercial (CC-3), General
Commercial (GC-4), and Light Industrial (1-1) zoning districts as a permitted use (i.e.
administrative review and approval by staff).
Within the Buckhorn and Eno Economic Development districts both Recreation Use
Profit and Non-profit land uses are only allowed within both the Low and High
Intensity general use zoning designations with the review and approval of a
Conditional Use (i.e. rezoning and Class A Special Use Permit) application by the
BOCC. There are specific recreational land uses, including a golf driving range
77
listed as a permitted use of property within these districts.
Staff has been working to address local resident concern(s) over the purported
development of commercial shooting ranges. Currently the County has no land use
standards governing the development of such uses (i.e. setbacks, development of
protective berms to absorb bullets, etc.).
Staff is proposing to over haul our current regulations by:
a. Establishing new definitions for recreational uses;
b. Reviewing the types of recreational land uses permitted in each zoning district
and suggesting revisions;
c. Developing new standards governing the development of recreational land
uses; and
d. Developing standards governing the discharge of firearms from both a
commercial business and personal enjoyment standpoint.
The amendments are necessary to address outdated regulations governing the
development of recreational land uses, update existing development standards and
requirements, complete a review of acceptable recreational land uses throughout the
County, and establish land use regulations governing the discharge of firearms.
Nothing within the proposed amendments will impact the development of
parks/recreational amenities by Orange County.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A_
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2015
b. Quarterly Public Hearing
September 8, 2015
78
c. BOCC Updates/Checkpoints
May 5, 2015 —Approval of UDO Amendment Outline Form
July 1, 2015 — Planning Board Ordinance Review Committee (ORC) (BOCC
receives materials)
September 8, 2015 — Quarterly Public Hearing
November 5, 2015 — Receive Planning Board Recommendation
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
July 1 , 2015 — Ordinance Review Committee
October 7, 2015 — Recommendation
b. Advisory Boards:
Orange County Parks Advisory Board
— DEAPR staff
c. Local Government Review:
Staff transmitted copies of the
proposed text amendments to our
planning partners in the Towns of
Chapel Hill, Carrboro, and
Hillsborough for their review and
comment on July 10, 2015.
The Orange County Sheriff's office
was sent the proposed text
amendment on July 10, 2015.
d. Notice Requirements
Legal advertisement published in accordance with the provisions of the UDO.
e. Outreach:
® General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
79
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2015-16 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will revise existing, outdated, regulations governing the categorization
and development of recreational land uses.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.us
Attachment 2 Article 5: Uses 80
Section 5.2: Table of Permitted Uses
TABLE OF . ZONING
TO SPECIAL STANDARDS
ZONING GENERAL USE
USE TYPE
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID
-Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^Allowed as more than one principal use if located on a bona fide farm(see Section 6.2.5)
'WiLary Installations(National Guard &Reserve
Armor
MANUFACTURING, EMBLY&PROCESSING
Assembly and Packagin erations Including Mail
Order Houses, But Excluding remises Retail
Outlets
Industrial, Heavy-
Industrial, Light-
Industrial, Medium-
Microbrewery, production only B B
Printing & Lithography
Sawmills-
Winery, production only^ B B
MEDICAL USES
Health Services: Over 10,000 Sq. Ft.
Health Services: Under 10,000 Sq. F
Hospitals-
Veterinary Clinic B
Veterinar nic, mobile B B
rinary Hospitals
RECREATIONAL USES
Botanical Gardens&Arboretums * * * * * * * * *
Camp/Retreat Center B B B
Golf Driving and Practice Ranges B
arks, Public& NeR-r,-P�
Orange County, North Carolina-Unified Development Ordinance Page 5-8
Article 5: Uses 81
Section 5.2: Table of Permitted Uses
TABLE OF . ZONING
PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS
ZONING GENERAL USE
USE TYPE
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 01 AS El 11 12 13 PID
-Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^Allowed as more than one principal use if located on a bona fide farm(see Section 6.2.5)
ecreational Facilities(Nee-Rfefit) B B B B B B B B B B B B 9* 9*
+ eatiGRal Conilitioo /Drnfi4\
Golf Course A A A A A A A A A A A A A A A A A
RE-SIDEKZAL USES
Dwelling; M me *
Dwelling; Multiple Family
Dwelling; Single-Family * *
Dwelling; Two-Family *
Family Care Home * * *
Group Care Facility B B B B B B B B B B B B
Rehabilitative Care Facility
Residential Hotel (Fraternities, Sororities, and A A A A A
Dormitories)-
Rooming House
TELECOMMUNICATIONS
Telecommunication Tow ealth (75 feet or * * * * * * * * * *
shorter
Teleco ication Towers(Over 75 feet and under B B B B B B B B B B B B B B B B B B B B
eet
1 Staff is eliminating the distinction between profit and non-profit recreation facilities and eliminating references to an entity's status as a 'non-profit'as being
a rationale for decising the review status of a given land use(i.e. staff review,Special Use Permit,etc.). After reviewing the matter with the Attorney's office
staff has determined the ownership status of a recreational land use and/or property owner is not a reasonable means of establishing land use/permitting
regulations. Whether or not a recreational facility is a for profit entity or not the impacts of said development on adjacent property owners will be the same.
From this standpoint it makes more sense to establish reasonable land use controls instead of relying on the tax status of a property owner when determining
the viability of a project or identifying required permit review processes(i.e. administrative review versus a requiring a special use permit).
Orange County, North Carolina-Unified Development Ordinance Page 5-9
Article 5: Uses 82
Section 5.2: Table of Permitted Uses
TABLE OF . USES—ECONOMIC DEVELOPMENT
EIRMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING
ZONING GENERAL USE
D' D'
#Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU)
Recreational fonili4i86 (Nnn Drnf44
Recreational facilities kRfef+t)Z G#B G#B G4
air service, electronic and appliance C# C#
Researc ility
Schools, dance, a , d music * C#
Schools, elementary, mid d d high A A
Schools, vocational C# C#
Other Services(Hillsborough EDD only)
TRANSPORTATION
Bus terminals and garages C#
Postal and parcel delivery services
Rail/bus passenger shelter
Surface and structure parking as principal use
(When associated with a local or regional
transportation goal such as mass transit or park-
and-ride
Transportation and Warehousing (Sector—<9)
WHOLESALE TRADE
Wholesale Trade(Sec 2)
Durable Goo ee listing below)
• utornotive parts and supplies(In an
enclosed building)
Z Staff is recommending changing review processes for recreational facilities in what are considered high intensity economic development districts. We
currently allow certain recreational land uses as a permitted use of property in these districts and do not believe it was the intent of the County to require both
the issuance of a Class A Special Use Permit and a rezoning to allow for the development of those land uses falling within the recreational facilities designation.
Orange County, North Carolina—Unified Development Ordinance Page 5-19
Article 5: Uses 83
Section 5.2: Table of Permitted Uses
TABLE OF . USES—CONDITIONAL Z
PERMITTED USE
CONDITIONAL ZONING DISTRICTS
USE TYPE
•D DA
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the ado ted Com rehensive Plan.
Veterinary Hospitals
RECREATIONAL USES
Arts, Entertainment& Recreation (Sector 71)
Botanical Gardens&Arboretums
Camp/Retreat Center
Golf Driving and Practice Ranges
Guest Ranch
Parks, Public a u NOR PFOf it
Donroo40nnol Conilitioo (Nnn P-I:4 \
Recreational Facilities 3
Golf Course
Race Track(Motorized, etc.)and Go-Kart Track Facilities
RESIDEN S
Dwelling; Mobile Hom
Dwelling, Multiple Family
Dwelling; Single-Family
Dwelling; Two-Family
Family Care Home
Group Care Facility
Rehabilitative Care Facility
Residential Hotel (Fraternitie reties, and Dormitories)
Rooming Hou
LECOMMUNICATIONS
3 Recommended changes here are to ensure consistency throughout the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 5-26
Article 5: Uses 84
Section 5.5: Standards for Residential Uses
(e) A statement for setting forth the length of tim/heeq e request i
made. Approval shall not exceed one year.
(2) Standards of Evaluation
(a) The relationship between the occupants of tily it and the
mobile home is established.
(b) There is a certificate from a licensed physicig the necessity
of direct care.
(c) The floor plan of the existing single family ue is no reasonable alternative to the mobile home.
Th e proposed site plan shows the location a f the existing
single family unit, the mobile home, and dr. eways and parking areas.
The setbacks for all structures meet or ceed the requirements of the
strict in which the lot is located.
(e) Th e shall be adequate lot area fo each unit, according to the minimum
requi ments of the zoning distri in which the lot is located.
(f) Approva f the Orange Coun Health Department for water and
sewerage 'sposal facilities or the approval of the appropriate agency
from which s itary sew e and water will be supplied.
(g) Approval of the plic ion shall not exceed one year. Renewal shall
constitute a new a ication.
5.4.5 Buildings for Temporary Use
(A) Standards for Class B Spe ial Use Per 't
(1) Submittal Reclu' ements—
In addition to e information required b ection 2.7, the following information
shall be su lied as part of the application r approval of this use:
(a) ite plan showing all existing and pro osed structures on the site,
existing and proposed topography at a ntour interval of five feet,
existing and proposed landscaping, parki areas, access points, any
officially designated flood plains, and other "te details.
(b) A description of the exterior materials, color an construction details.
(c) Statement of proposed use and length of time bui 'ng will be in use.
Standards of Evaluation—
(a) The temporary building shall not be used for residential rposes.
(b) The temporary building shall not be used by operations offe i g drive-in
services.
(c) The use of the building shall be only for the period of time specifi and
for the use specified.
(d) The proposed use is a permitted use in the district in which it is locate
SECTION • ' RESIDENTIAL USES
5.5.1 Accessory Structures and Uses
(A) General Standards of Evaluation
Orange County, North Carolina—Unified Development Ordinance Page 5-37
Article 5: Uses 85
Section 5.5: Standards for Residential Uses
(1) Accessory structures and uses, including recreational uses and amenities, 4shall
not be located in any required front open space and shall conform to the principal
setbacks of the district where located unless otherwise provided in this Section.
(2) An attached private garage, or carport, not exceeding 12 feet in height, may
occupy a portion of the required side open space, provided that this does not
result in a required side open space of less than 7% of the lot width, nor a total,
when combined with the required side open space of the lot immediately
adjacent, of less than eight feet.
(3) Mobile homes as accessory structures to residential uses are prohibited.
5.2 Efficiency Apartment
(A) General Standards of Evaluation
(1) There shall be no more than one efficiency apartment, whether detached r
attached, on any lot.
(2) The efficiency unit shall contains no more than 800 square feet of oss floor
area.
(3) The residential lot shall meet the minimum lot size requirem is of the zoning
district in which it is located.
(4) T efficiency unit shall comply with the N.C. Residen i I Building Code including
mini um light/ventilation and room sizes.
(5) The effi i ncy unit shall be accessory to the pri ipal dwelling unit and may be
attached o etached.
(6) The efficiency it shall be served by an proved water supply and sanitary
facilities.
(7) The efficiency unit s 11 remain in t same ownership as the primary residence.
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirem ts-
In addition to the c pleted applicati form, applicants for a minor or major
home occupatio shall submit the follow g to the Planning Department:
(a) Min Home Occupations
A plot plan of the property on w 'ch the home occupation is to be
located. The plot plan shall show.
a. The location of the residence nd/or accessory building
in which the home occupation is o be located in relation
to existing property lines and adja nt homes;
b. The location, number, and means of a ess to required
off street parking areas; and
C. The location and type of required Iandscapin and/or
screening.
(ii) A floor plan of the residence and/or accessory building in ich
the home occupation is to be located showing the location, s e,
4 Staff has always interpreted a recreational use (i.e. pool, basketball court,etc.)to be an customary accessory use
to a residential land use. We are adding language here to formalize this interpretation which will require such uses
to comply with established dimensional standards(i.e. setbacks).
Orange County, North Carolina—Unified Development Ordinance Page 5-38
Article 5: Uses 86
Section 5.7: Standards for Recreational Uses
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Oran ounty
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) arking shall not be located in the front yard space.
(6) App i ation materials shall include a comprehensive oundwater study, for
facilitie xpected to use more groundwater on annual basis than an average
single fami esidence (which uses 240 gall s of water per day) built at the
highest density a existing zoning distri ould allow. For example, if the
existing zoning dis i t allows a resid ial density of 1 unit for 2 acres and the
proposed use is on a s cre pa I (which could yield 3 residences), the
proposed use(s) may use times the water used by an average single family
residence (or 720 gallon er , on an annualized basis) before a
comprehensive grou ater stud i required. The water usage rates of any
existing use subj to zoning regulati located on the same lot shall be taken
into account en determining if a compr nsive groundwater study is required.
Said stud all detail:
(a) The amount of water anticipated to be use a daily, weekly, monthly,
and annual basis by regulated uses located on parcel (e.g., water
usage by bona fide farm uses is not required to be Iuded);
(b) An analysis of the amount of groundwater withdrawal con i ered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed u are
expected to be affected by withdrawals made by the proposed use.
SECTION FOR •
5.7.1 Recreational Uses as Accessory Uses5
(A) General Standards
(1) Accessory recreational uses shall not be open to the public or be designed to
serve as a recreation amenity for other lots.
(2) Amenities, equipment, and/or facilities intended for spectators such as bleachers
or public address systems shall not be permitted.
(3) Outdoor sports field lighting, as detailed within Section 6.11, shall be prohibited.$
(B) Specific Standards
(1) Shooting activities9
5 There have been issues in the past with property owners allowing for the use of recreation amenities on their
property to serve others. To address this issue staff is recommending the imposition of various standards to
ensure this use does not become some form of commercial operation.
6 Staff is not trying to say a property owner cannot have friends over who use a pool or basketball court. What we
are attempting to avoid is the de-facto expansion of an accessory use on a parcel property to serve other lots
recreational needs. Please note this will not prohibit subdivision developer's from establishing a recreational
amenity for their projects. That is addressed in Section 7.11 of the UDO.
Staff has received concerns from various property owners over the years with respect to a private land owners
ability to erect amenities, primary athletic field lights,to expand the use of their accessory recreation use. Staff is
recommending language that would prohibit the installation/use of equipment allowing for the expanded use of a
recreation amenity beyond what is considered customary for a residential setting.
8 This would prohibit the erection of sports field lights for accessory recreational land uses.
Orange County, North Carolina—Unified Development Ordinance Page 5-64
Article 5: Uses 87
Section 5.7: Standards for Recreational Uses
(a) All shooting or targeting activities shall be designed or oriented to keep
projectiles on the property.
(b) A projectile-proof backstop consisting of concrete, steel, earth or any
combination thereof, a minimum 15 feet in height and 30 feet in depth
shall be required behind all target and/or shooting areas. All shooting
activities shall be directed into this protective backstop.
(c) Shooting activities and required backstop shall be located a minimum of
300 feet from all property lines, rights-of-way, or access easements and
1,000 feet from occupied dwelling units external to the property.
(d) Warning signs indicating shooting activities are occurring on the property
shall be posted at one hundred-foot intervals along the perimeter of the
Property.
(e) A Type B land use buffer, as detailed within Section 6.8,
shall be required around the perimeter of the portion of property where
shooting activities occurs.
(f) The use of exploding shells, targets, or other similar materials shall be
prohibited.
(g) Nothing within Section 5.7.1 shall be construed as limiting or otherwise
restricting hunting activities or the use of fireworks.
(2) Motor Cross and Go-Kart Tracks"
(a) All tracks and/or paths shall be located a minimum of 100 feet from a
Property line.
(b) A track or path shall not cross over active septic fields.
(c) A Type B Land Use Buffer, as detailed in Section 6.8, shall be required
around the portion of the property where the track is located.
5.7.15.7.2 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to
recreational facilities, including but not limited to:
(a) Tennis si�scourts,
(b) Swimming pools ,
(c) Racquet ball courts,
(d) Squash courtsrlwhs,
(e) Pitch and putt courses,
(f) Amusement aFeasarcades,
(g) Bowling alleys,
9 There have been issued associated with the discharge of firearms on private property,focusing on noise and
public safety issues. Staff is attempting to establish reasonable land use regulations to address safety concerns by
requiring discharged items remain on the subject parcel and for those areas where a gun is discharged to be set
distances from a property line and occupied dwelling units.
10 This will require either the erection of a land use buffer,or preservation of existing vegetation,around the area
of the property where shooting activities are occurring.
11 In the late 1990's and early 2000's staff received numerous complaints from local property owners over the use
of motorcycles and go-karts on private property. We are amending existing regulations to establish setback and
land use buffer requirements to address these concerns.
Orange County, North Carolina—Unified Development Ordinance Page 5-65
Article 5: Uses 88
Section 5.7: Standards for Recreational Uses
(h) Skating rinks,
W Shooting ranges,
fi) Billiard and pool halls,
Paintball,
(1) 44dear-aAthletic facilities, and
{k3(m maRmI apd
0) Other smP -P-usppT
(2) The minimum lot area shall be two acres.
(3) Facilities may include such features as play and training areas, athletic field
lights, public address systems, parking for patrons and staff, storage/office
facilities, and restroom/locker facilities.
43)LIL No building shall be closer than 20 feet from any right-of-way or property line or
thaR the minimum requirements of the district in which it is located. Ar :20 feet R
143(5) Outdoor athletic fields shall comply with the provisions of Section 6.11 and shall
be located a minimum than 50 feet from a property line.
(6) All outdoor recreational facilities shall utilize a combination of screens, fences,
nets, berms, or vegetation to keep equipment on the property.
(B) Standards for Specific Uses14
(1) Shooting Ranges
(a) Outdoor shooting ranges shall install a projectile-proof backstop at least
20 feet in height and 50 feet in depth, consisting of concrete, steel, earth
or any combination thereof. All shooting activities shall be directed into
this protective backstop.
(b) Outdoor shooting ranges and required backstop shall be located a
minimum of 600 feet from all property lines, streets right-of-way or
access easements or 1,000 feet from a occupied dwelling unit external to
the property.
(c) A Type F land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of all outdoor shooting ranges.
(d) Outdoor shooting ranges shall only operate from 10:00 a.m. to 6:00 p.m.
daily.
12 This is a new regulation designed to protected adjacent property owners from the glare of outdoor lighting
generated by an outdoor recreational facility.
13 This regulation is designed to ensure any equipment used as part of an outdoor facility(balls,etc.)stays on the
property.
14 These regulations would govern the development of commercial shooting ranges.
15 Originally staff was proposing to restrict all shooting activities to being conducted indoors. Unfortunately this
would effectively eliminate skeet shooting as being a permitted activity. Staff, in consultation with the Attorney's
office, determined such a requirement could be inconsistent with current provisions of State law related to the
regulation of sport shooting activities. Staff revised the proposal to allow for outdoor shooting activities and has
recommended setback and land use buffer regulations in an attempt to address concerns over the activity.
16 This is double the recommended setback for a private shooting range as an accessory use.
Orange County, North Carolina—Unified Development Ordinance Page 5-66
Article 5: Uses 89
Section 5.7: Standards for Recreational Uses
(e) Indoor shooting ranges shall be located a minimum of 50 feet from all
property lines, streets right-of-way, or access easement. Such facilities
shall be completely enclosed.
(f) A Type B land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of the property of all indoor shooting ranges.
(g) Nothing in Section 5.7.2 (B) shall be construed as regulating hunting
activities or the operation of a shooting range developed for, and
exclusively utilized by, local, State, and/or Federal law enforcement
agencies.
(h) Nothing in Section 5.7.2 (B) shall be construed as prohibiting the holding
of turkey shoots or other similar activities as a fundraiser or community
event so long as such activities occur no more than twice in a given
calendar year on a parcel of property.
(2) Outdoor Paintball
(a) Areas where paintball activities occur shall be a minimum of 50 feet from
all property lines, street rights-of-way, or access easements.
(b) A Type B land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of the portion of property where paintball activity
occurs.
(3) Pitch and Putt Courses
(a) Pitch and putt areas shall be located a minimum of 40 feet from all
property lines, street rights-of-way, or access easements.
(b) A Type B land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of the portion of property where pitch and putt
course activity occurs.
(C) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the exact type facility planned, the amount of area,
including and number of members or participants expected, a site plan
showing siting and size of existing and proposed building.
(b) Access, parking, service and recreation areas for all planned facilities or
existing facilities.
(c) Plans, and elevation for all proposed and existing 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.
(e) A signed statement from the owners or operators that there shall be no
activity allowed that will have adverse effects on adjacent property. The
statement shall also include a complete list of all recreational activities
that will take place on the site.
(2) Standards of Evaluation-18
17 Staff did not want to inadvertently prohibit what has become a lucrative fundraising opportunity for several local
organizations. As a result language was included to allow for turkey shoots and other similar activities to occur.
Orange County, North Carolina—Unified Development Ordinance Page 5-67
Article 5: Uses 90
Section 5.7: Standards for Recreational Uses
(a) The property shall have direct frontage on, and obtain vehicular access
from, a public road.
{a3(b) Lot size shall be adequate for the method of sewage disposal proposed,
and for the proposed recreational uses.
{#)(c) The site plan should show the boundaries of the site, the distances to the
nearest residential structures, proposed or existing access points,
parking and service areas, location of outdoor recreational facilities, and
location of existing or proposed buildings.
WLq 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.
04Lq Elevations of all structures and buildings. The structure shall be of such
a nature as to preserve the residential character of the area.
There are no adverse impacts on the adjacent roads or residential
property.
5.7.3 Golf— Driving and Practice Range
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following all be
submitted as part of the application:
(a) A site plan showing the following:
(i) All existing or proposed buildings, tee as, lawn areas,
(ii) Distances to nearest residential str tures,
(iii Access road(s)to the site,wit an indication of type of proposed
surface;
(iv) O site parking and ro s,with an indication of type of proposed
surfs ; and
(v) All other quit ents as indicated in section 2.5.
(2) Standards of Evaluation
(a) Unless public ewer is pro sed to be extended, the adequacy for the
method of wage disposal w be determined by the lot size and soil
suitabil' . Appropriate letters fro the Orange County Environmental
Hea Department, local jurisdictio and/or the State Division of
ironmental Management shall be s mitted to indicate preliminary
approval.
(b The landscape plan shall show how the faciliti will be screened from
the adjacent properties. A Type D 50 foot buffer, indicated in Section
6.8, shall be observed around the perimeter of the p erty. This buffer
shall be located outside of the required dimensional are indicated in d.
below.
(c) The site plan, as required in Section 2.7, shall be reviewed by t
Orange County Recreation and Parks Director.
19 Staff is recommending this change in an attempt to ensure there is adequate access to a recreation facility and
to avoid the use of private roadways supporting such activities.
Orange County, North Carolina—Unified Development Ordinance Page 5-68
Article 10: Definitions 91
Section 10.1: Definitions
Pu terest Area
Land which cc ublic or quasi-public uses such as state parks, research for r known
archaeological or histo ites.
Public Safety Hazard and/or Nui e
Anything, which is injurious to the safety or healt Orange County neighborhood, or any
considerable number of persons, or unl obstructs th assage or use, in the customary
manner, of any navigable lake, o r, bay, stream, canal, or basin.
Public Vehi r Areas
Street ' atted subdivision which are open for vehicular traffic and have been offered for de 'on to
public and where the offer for dedication has not been accepted.
lA�i
Df�re—ation se, Non_Drefit
l���rTI 1
�f�f�rA 7}inn Use, PF fi+
reation Space
Exterior appropriately improved for common recreational use. Part of total and livability o ace.
Recreation Space
Recreation space ratio is the mini square footage of open space i I ential areas, suitable by
location, size, shape, access and improv ts, required for square foot of gross land area. This
area is a public or private exterior area improve ion of all residents, having a least dimension
of 50 feet, and average dimension of 100 feet mini area of 10,000 square feet.
Recreation Vehicle (RV
A self-propelled or to ehicle, qualified to be licensed by the appropriate State cy, and is built on
a single chass. 0 square feet or less when measured at the largest horizontal projects oviding
short recreational living accommodations, designed primarily not for use as a permanent dw
as temporary living quarters for recreational, camping, travel, or seasonal use.
Recreational FaGi'ity Far °r^fi*Facilities
1PA-li-ld-es i-Ise-1.6 -All; tGRROS G161198, SWOFA G161198, FaGq6lGt ball, Sq61aSh G161196, PitGh GIRGI P61# G961FSGS,
f°^ ° °n,- °„^" similar areas,
;';+;° imilar ses A use of property occurring indoors and/or outdoors providing recreational
amenities, activities, or services to either the general public or for compensation.
ence le".I
The portio structure or other development that must be compared to the regulato protection
elevation to deter �s. egulatory compliance. For structures within Special FI azard Areas
designated as Zone AE, th rence level is the top of the lowest flo
Regulatory flood protection eleva i
The Base Flood Elevation plus the Free establis is elevation. In Special Flood Hazard Areas
where Base Flood Elevations h een determined, this elev hall be the Base Flood Elevation
plus two feet of freebo
R itative Care Facility
20 Language based on comments from the County Attorney's office in an attempt to make enforcement easier.
Orange County, North Carolina—Unified Development Ordinance Page 10-32