HomeMy WebLinkAboutORD-2016-007 Ordinance Amending the Unified Development to adopt new regulations for the permitting of temporary health care structures Pr�F -)g -auk
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Ordinance # ORD-2016-007
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, recent changes in State Law, specifically Session Law 2014-94 signed into law
on August 1, 2014, adopted new regulations for the permitting of temporary health care
structures in the state, and
Whereas, the County determined new language needed to be added to the UDO to
ensure consistency with these changes, and
Whereas, the County determined existing language needed to be modified in the UDO to
expand custodial care options for Orange County residents, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the County has held the required public hearing and has found the proposed
text amendment is consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective on February 18, 2016.
Upon motion o Commissioner seconded by
Commissioner ( , the foregoin ordinance was adopted this
_ day of , 2016.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the fore o' g is a true copy of so much of the proceedings of said
Board at a meeting held on , 2016 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNESS my hand and the seal of said County, this day of
2016.
SEAL
Clerk tb the Board of Commissioners
17 gZ
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Article 5: Use
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES—GENERAL USE ZONING DISTRICTS
*= PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS
ENERAL USE ZONING DISTRICTS
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)
A Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Recreational Facilities (Non-Profit) B B B B B B B B B B B B B B B B B
Recreational Facilities (Profit) * *
Golf Course A A A A A A A A A A A A A A A A A
RESIDENTIAL USES
Dwelling; Mobile Home * * * * * * * * * * *
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 B B B
Rehabilitative Care Facility * * *
Residential Hotel (Fraternities,Sororities, and A A A A A
Dormitories)
Rooming House * * *
TELECOMMUNICATIONS
Telecommunication Tower—Stealth (75 feet or * * * * * * * * * * * * * * * * * * * *
shorter)
Telecommunication 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 B
200 feet)
Telecommunication Towers(200 feet and higher) A A A A A A A A A A A A A A A A A A A A A
TEMPORARY USES
Buildings, Portable B B B B B B B B B B B B B B
Tomporary Mobile Home(Custodial Care)+ g 4 4 g 13 4 4 $
The temporary mobile home(custodial care) use is proposed to be removed from the table of permitted uses.This existing use will be incorporated into the
new temporary custodial care unit use and permitted as an accessory use to an existing single family dwelling unit.
Orange County, North Carolina—Unified Development Ordinance Page 5-9
Article 5: Use4
Section 5.2:Table of Permitted Uses
TABLE OF PERMITTED USES—ECONOMIC DEVELOPMENT DISTRICTS
*=PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING&CLASS A SUP)
GENERAL USE ZONING DISTRICTS
USE TYPE BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
#Shall be noted on Zoning Atlas as"Zoning District"—CU(e.g., EDB-2-CU)
Dwelling, single-family *
Dwelling,two-family * *
Dwelling, multi-family(6-12 units per acre in the * *
Hillsborough EDD)
Dwelling, multi-family(6+units per acre as part of
mixed use development; maximum of 25%of *
development square footage)
Dwelling, multi-family(6+units per acre) C#
Dwelling, mobile home(For replacement of *
existing mobile home)
Temporary mobile homo(For cuctodial carp) 8 8 8
Temporary mobile home (For occupancy during
construction of permanent residential unit and for * *
30 days after issuance of Certificate of
Occupancy)
RETAIL
Farm equipment sales C# C# *
Motor vehicle service station C# C# *
Motor vehicles, new and used, sales and rental C# C# *
Nightclubs, bars, and pubs
(Only as accessory use to hotel, motel or * * *
restaurant)
Restaurants(carry-out and general)when located
in a service building,court or plaza, retail store, or * * *
enclosed mall consisting of multiple uses
Restaurants (carry-out and general)in a separate, * C# *
free-standing building
Restaurants(drive-in) in a separate, free-standing C# C#
building
Orange County, North Carolina—Unified Development Ordinance Page 5-16
Article 5: Us
5.2: Table of Permitted Uses
TABLE OF PERMITTED USES—CONDITIONAL ZONING DISTRICTS
sue ,,., *—PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Telecommunication Towers (greater than 150 in height) * *
TEMPORARY USES
Buildings, Portable
Temporary Mobilo Homo(Custodial Caro) "
Temporary Mobile Home (Use during construction/installation of
permanent residential unit and for 30 days following issuance of *
Certificate of Occupancy
TRANSPORTATION
Bus Passenger Shelter *
Bus Terminals& Garages *
Motor Freight Terminals *
Motor Vehicle Maintenance& Repair *
(Body Shop)
Motor Vehicle Repair Garage *
Motor Vehicle Sales Rental *
(New&Used)
Motor Vehicle Services Stations *
Parking As Principal Use, Surface or Structure
Petroleum Products:Storage&Distribution
Postal & Parcel Delivery Services *
UTILITIES
Elevated Water Storage Tanks *
Public Utility Stations &Sub-Stations, Switching Stations, * *
Telephone Exchanges,Water&Sewage Treatment Plants
Electric, Gas, and Liquid Fuel Transmission Lines *
Water&Sanitary Sewer Pumping * *
Solar Array—Large Facility *
Solar Array—Public Utility *
Orange County, North Carolina—Unified Development Ordinance Page 5-26
Article 5: Used
Section 5.4: Standards for Temporary Uses
(c) The proposed activity will occur no more frequently than sev ays in a
30-day period, and on no more than 50 days per year.
d) Signs shall be permitted in accordance with Sec ' 6.12.11(D)of this
Ordinance.
(e) arking shall be on-site.
(f) Noise le s at the boundary e area included in the special Use
Permit shall exceed decibels between the hours of 7:00 a.m. and
7:00 p.m., or 45 . Is between the hours of 7:00 p.m. and midnight.
No Special Ev sha in before 7:00 a.m., or extend beyond
midnight.
(g) Th ite plan shall have the written roval of the Orange County
ivision of Environmental Health regar the adequacy of the water
supply and wastewater disposal for the spec ' d maximum number of
participants for any single event and the written a oval of the Orange
County Fire Marshal and Orange County Sheriff's De p ment regarding
the adequacy of parking, access or other factors relating to blic safety.
(h) The Special Use Permit shall be valid for no more than one year.
5.4.4 Temporary Use of a Residential Mobile Home
(A) General Standards of Evaluation
Residential Mobile Homes may be permitted as a temporary use during construction in
accordance with the following:
(1) The property owner shall reside in the temporary residential mobile home during
construction of a new residence or the renovation of an existing residence on the
same lot.
(2) Prior to placement of the temporary residential mobile home on-site all applicable
state and local approvals and permits shall be procured, including but not limited
to a zoning compliance permit, building permits, and health department approval.
(3) The temporary residential mobile home must be removed within 90 days of
receipt of the certificate of occupancy for the on-site residence.
(B) z
(4) Rbm;ttal RP uirements
shall be Supplied as part of the applffiGatiGn f9F appFev-al Af this
(ii) Relationship by mamiage
Recess
(G) FiGEW Plan Of theceeXiStiRg Single faMilY unit Sh9W'nn that there is nn
z Based on the proposed amendment,Section 5.4.4(B)will be modified and moved to Section 5.5.9.
Orange County, North Carolina—Unified Development Ordinance Page 5-34
Article 5: Une
Section 5.5: Standards for Residential Uses
(d) Site plan showing the A-f the existing siRgle faMily uRitj the
proposed mobile horn@, driveway, park'Rg aF8a, sewage disposal
#asii+fias
(2) Standards of-€v ion
(E) The-fleer nl°n of fho ov'cfinn c'nnlo family„n'# shnv�ic +horn is nn
�-- -p,o,, o, c,,v-vnivcn��vn vnvrrvzrrorvrai�v
(GI) The pFopesed sit@ plaR shows the A-f the existing
4.5 Buildings for Temporary Use
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements—
In addition to the information required by Section 2.7, the follo ' g information
shall be supplied as part of the application for approval of t ' use:
( Site plan showing all existing and proposed s ctures on the site,
existing and proposed topography at a co ur interval of five feet,
isting and proposed landscaping, p ing areas, access points, any
offi ' Ily designated flood plains, a other site details.
(b) A descrip ' n of the exterior terials, color and construction details.
(c) Statement of p osed e and length of time building will be in use.
(2) Standards of Evaluation
(a) The tempor building s I not be used for residential purposes.
(b) The to orary building shall n e used by operations offering drive-in
se es.
(c) he use of the building shall be only for e period of time specified and
for the use specified.
(d) The proposed use is a permitted use in the distri n which it is located.
SECTION DARD FOR RESIDENTIAL USES
5.5.1 ccessory Structures and Uses
(A) General Standards of Evaluation
Orange County, North Carolina—Unified Development Ordinance Page 5-35
Article 5: Use�Ss
Section 5.5: Standards for Residential Uses
In addition to the information required by Section 2.7, the following info r tion
shall be supplied as part of the application for approval of this use:
(a) A description of the type facility planned, the numbe occupants, and
the development schedule.
(b) A site plan showing existing and propose ntours. Proposed
ildings, parking, access, service, re ation, landscaped and screened
are
(c) Other crit ' as set forth i ections 6.2.11 and 6.3.
(d) A statement con r ' the provision of public services which shall
include fire, poli a rescue protection.
(2) Standards of Ev ation—
(a) Ad ate parking, access and s ce areas are provided for the site.
(b) Parking, service areas and buildings ar dequately screened from
adjacent residential uses.
(c) Improved recreational facilities are provided for o ants.
(d) Other criteria as set forth in sections 6.2.11 and 6.3.
(e) Letters from public service agencies attesting to the adequacy the
provision of public services such as fire, police and rescue.
5.5.9 Temporary Custodial Care Units3
(A) General Standards
(1) Submittal Requirements4
In addition to the information required by Section 2.4, Zoning Compliance
Permits,the following information shall be supplied as part of the application for
approval of this use:
(a) Certification in writing from a licensed physician stating the necessity of
direct care for a mentally or physically impaired person who requires
assistance with two or more activities of daily living.
(2) Standards of Evaluation
(a) An existing single family residential dwelling unit must be located on the
same parcel as the temporary custodial care unit. Temporary custodial
care units shall be classified as an accessory use to a single family
detached dwelling unit.
(b) No more than one temporary custodial care unit per lot shall be
permitted.
3 A temporary custodial care unit use is being proposed in order to address comments received at the May 26
Quarterly Public Hearing and September 1 BOCC meeting.The new use combines the temporary health care
structure standards outlined in Session Law 2014-94 and existing standards related to temporary mobile home
units(custodial care)contained in Section 5.4.4.This option which would allow for temporary health care
structures and temporary mobile homes up to 1,000 square feet in size to be placed as an accessory use to an
existing single family dwelling unit,remove the required Special Use Permit for temporary mobile homes currently
contained in the UDO,and address items of concern identified by the BOCC at the May and September meetings.
4 Based on comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting,the
proposed amendment will not require documentation identifying the relationship between the occupant of the
temporary health care structure and the occupant of the existing family dwelling unit. In addition,the amendment
will not require the occupant of the temporary health care structure to be a North Carolina resident.
Orange County, North Carolina—Unified Development Ordinance Page 5-48
Article 5: Uss4
Section 5.6: Standards for Commercial Uses
(c) The temporary custodial care unit must meet setback standards where
located and shall not be located in any required front yard open space.5
(d) Occupancy of a temporary custodial care unit shall be limited to no more
than two persons, with at least one of whom is mentally or physically
impaired and requires assistance with two or more activities of daily
living.
(e) A temporary custodial care unit shall be required to connect to water,
wastewater, and electric utilities serving the principal structure on the
property.
(f) The Orange County Health Department, or the agency that provides
sanitary sewer and water services, shall approve water and wastewater
disposal facilities.
(g) All applicable state and local approvals and permits shall be procured
including, but not limited to, a zoning compliance permit, building
permits, and health department approval.
(h) Approval of the application shall not exceed one year. Annual renewal
shall require a new application and recertification from a licensed
physician stating the necessity of direct care.
(i) Any approved temporary custodial care unit shall be removed no later
than 180 days after the time the mentally or physically impaired
person(s) is no longer receiving care or is in need of assistance. If the
structure is needed for a different impaired person, the temporary
custodial care unit may continue to be used, subject to the requirements
of this Ordinances
(j) The caregiver shall allow inspections of the property by the County at
times convenient to the caregiver, during reasonable hours, and upon
prior notice for compliance purposes.
(k) A permit for a temporary custodial care unit may be revoked by the
Planning Director due to failure of the applicant to comply with any of the
above provisions.
,S)ECTION 5.6: STANDARDS FOR COMMERCIAL USES
5.6.1 Nightc Bars and Pubs
(A) General ards for Evaluation
(1) Buildings for i tclubs, bars and pub all not be located within 200 feet of a
residence.
5.6.2 Massage Business
(A) General Sta9dar s for Evaluation
(1 Must comply with the Ordinance for the Control of Massa nd Massage
Establishments
ii should be noted the required front yard space is not necessarily synonymous with all the space between a
dwelling and the road right-of-way. Many dwelling units in rural areas are located further from the road right-of-
way than the required front setback.Therefore,a temporary custodial care unit could potentially be located in
front of an existing dwelling unit.
6 Based on comments received at the May 26 Quarterly Public Hearing and September 1 BOCC meeting,the
proposed amendment will allow a temporary custodial care unit to remain on the property for up to 180 days after
a mentally or physically impaired person is no longer receiving care or is in need of assistance.
Orange County, North Carolina—Unified Development Ordinance Page 5-49
Article 10: Definitioq
Section 10.1: Definitions
Environmental Document
An EA, EIS, or FONSI, or all of them.
Environmentally Sensitive Areas
Land which is subject to special natural environmental conditions such as flooding that present significant
constraints to built development.
Equestrian Center
A facility designed and intended for the display of equestrian skills and the hosting of events including, but
not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian
disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic
trips per day, and may be held more frequently than once per month. A commercial stable may be
included on the site.
Existing Construction
Structures for which, the"start of construction"commenced before March 16, 1981. This term may also
be referred to as "existing structures."
Existing manufactured home park or manufactured home subdivision
A manufactured home park or subdivision for which, for flood damage prevention purposes, the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads)completed before March 16, 1981.
Extraction of Earth Products
The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter
from their original location. It does not include any processing of such material, beyond incidental
mechanical consolidation or sorting to facilitate transportation to the site of use or location of further
processing.
FONSi
A Finding of No Significant Impact. As pertaining to an EA or EIS.
Family
For purposes of this Ordinance, family shall be defined as an individual of two or more persons related
by blood, marriage or adoption, living together in a dwelling unit; or a group of not more than persons
who need not be related in a dwelling unit. A"family" may include five or fewer foster children.
Family Care Facility
A facility licensed by the appropriate state agency, as a family care facility for from one to six unrelated
individuals.
Family Day Care Home
A residence in which childcare is provided, which provides childcare for no more than three children.
Family Income
The gross annual sum of all income received by all adult members of the household, including:
a) Earned income from wages for all family members over the age of 18;
Staff is suggesting this typographical error be corrected as part of this UDO amendment.
8 Based on comments received at the September 1 BOCC meeting, revisions to the definition of family will increase
the number of unrelated persons allowed to live together in a dwelling unit from three to five.The maximum of
five people is based on the 2012 North Carolina Residential Code.Once there are more than five unrelated people
the dwelling unit must be classified and reviewed under the 2012 North Carolina State Building Code as a rooming
or boarding house.A rooming or boarding house is reviewed and permitted differently in the North Carolina State
Building Code and LIDO compared to a single family dwelling unit.
Orange County, North Carolina—Unified Development Ordinance Page 10-10
Article 10: Definitio99
Section 10.1: Definitions
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Custodial Care Unit
A transportable residential structure facilitating a caregiver's provision of short or long term care for a
mentally or physically impaired person that is primarily assembled offsite, has no more than 1,000 gross
square feet, and complies with applicable standards of the North Carolina State Building Code and/or
Department of Housing and Urban Development(HUD). Temporary custodial care units shall not be
installed on a permanent foundation and shall be classified as an accessory use to an single family
detached dwelling unit. Includes mobile homes and temporary health care structures.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing fer
temporary residential space during the
installation of a replacement mobile home or construction of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a permanent or semi-permanent foundation.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Tourist Home
A building or group of attached or detached buildings containing, in combination, three to nine lodging
units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by
transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than
transients.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
Orange County, North Carolina—Unified Development Ordinance Page 10-57