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HomeMy WebLinkAboutAgenda - 12-13-2016 - 5-a - Unified Development Ordinance (UDO) Amendments – Hillsborough Economic Development District 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 13, 2016 Action Agenda Item No. 5-a SUBJECT: Unified Development Ordinance (UDO) Amendments — Hillsborough Economic Development District DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: (919) 1. Comprehensive Plan and Unified Development Perdita Holtz, Planner III, 245-2578 Ordinance (UDO) Amendment Outline Form Craig Benedict, Director, 245-2575 2. Statement of Consistency 3. Proposed Ordinance —As Presented at November 1, 2016 BOCC Meeting 4. Proposed Ordinance — Only Substantive Revisions to the Table of Permitted Uses are for Residential Uses 5. Uses for EDH Districts —To be Incorporated into Table of Permitted Uses Reorganization Work in 2017 PURPOSE: To conduct a continued public hearing and consider action on government-initiated amendments to the text of the UDO that would modify some development standards, types of permitted uses, and use standards within the Hillsborough Economic Development District (EDD). Consistent with the advice previously provided to the BOCC by the County Attorney, the BOCC has several options to move this item forward: 1. Proceed without additional changes. This option would adopt the amendments as presented at the November 1, 2016 BOCC meeting (as depicted in Attachment 3). 2. Adopt the amendments and delay the effective date. The proposed amendments can be considered and adopted but delayed until the newly listed land use categories are applied to the remaining zoning districts. Staff is already working on a revised Table of Permitted Uses but completion is not anticipated until the September 2017 QPH. This option will require a continuance to allow staff to prepare appropriate documentation. 3. Adopt the amendments regarding residential use restrictions only and continue the public hearing regarding the proposed new EDD uses to the February 2017 Quarterly Public Hearing. This option is available, but rather than continue the hearing on the proposed new EDD uses, it would be cleaner and less confusing to simply omit the proposed new EDD uses at this time and instruct staff to advertise them for the February Quarterly Public Hearing. 2 4. Adopt the amendments regarding residential use restrictions only and instruct staff to incorporate the proposed new EDD uses into other current text amendments. The proposed amendments may be adopted restricting certain residential uses within the EDD. The Board would not adopt the proposed new EDD uses but instruct staff to incorporate those uses into the reorganization of the Table of Permitted Uses that the BOCC will consider in 2017 (UDO/Zoning matter 2016-05 "Amendments to permitted use tables clarifying permitted and prohibited land uses"). This option is the staff recommendation shown below and is also the County Attorney's recommendation. 5. Review the newly listed land use categories for all districts. This option will require a continuance to allow staff to prepare appropriate documentation. BACKGROUND: This item was heard at the September 12 Quarterly Public Hearing where the BOCC continued the public hearing until the November 1, 2016 BOCC meeting to give staff time to incorporate suggested revisions and time for the Planning Board to review the revisions. Comments made at the September 12 hearing which resulted in revisions considered at the November 1 meeting included: • A suggestion that drive-through facilities be allowed in all EDH zoning districts. A current Development Standard in the Article 3 charts prohibits such facilities in each of the EDH districts. Based on BOCC discussion, the proposed text amendments have been modified to allow drive-throughs in all EDH districts. • Concern over certain Manufacturing uses that are listed in the North American Industry Classification System (NAICS) Code but not desired as permitted uses in the Hillsborough Economic Development District. At the November 1 meeting, additional discussion regarding uses contained in the NAICS Code occurred and the public hearing was continued until December 5 (when it was continued again until December 13) to give BOCC members time to review the NAICS Code, provide comments to staff, and for staff to incorporate comments. In the interest of limiting the length of this agenda item, the NAICS Code is not included in this agenda item as it has been included with previous agenda items and is available for viewing in the materials for the November 1 agenda item. The Ordinance in Attachment 3 is the proposal that was presented at the November 1 meeting. As staff has stated in previous meetings, a comprehensive reorganization of the Tables of Permitted Uses to bring the UDO into conformity with a recent judicial decision (Byrd v. Franklin County) is currently underway. Because of this ongoing work and the logistics and legal considerations of working with, essentially, a new Table of Permitted/Prohibited Uses, staff is recommending that the revisions to the uses allowed in the EDH districts be incorporated into the reorganization work. The reorganization project is expected to be discussed by the BOCC at a work session on February 13, 2017 (as a special work session after the Quarterly Public Hearing). Since much time and effort has been expended in considering the uses for the EDH districts during 2016, staff suggests that the BOCC direct staff to incorporate the information in Attachment 5 into the reorganization project as the expected direction the County is moving towards for uses in the Hillsborough EDD. While these use modifications would not be effective until the reorganization is adopted (the public hearing is expected for September 2017), staff 3 would be able to incorporate the ideas that have been generated during this 2016 process into the 2017 work, essentially completing part of the discussions that are to occur. The proposed UDO amendments in Attachment 4 contain text amendments that have been previously presented/discussed but do not modify the Table of Permitted Uses at this time except to: 1. Remove single-family and two-family residential uses and "Temporary Use of a Residential Mobile Home" as permitted uses in the EDH-3 zoning district. 2. Add multi-family residential as a permitted use in the EDH-4 zoning district (subject to scope restrictions in Section 5.5.10). 3. Add Accessory Uses as permitted uses in all five EDH zoning districts (this corrects an apparent error). 4. Clarify in the header of the Table that the Hillsborough EDD utilizes NAICS Sector Numbers, 2012 version. Adoption of these amendments will allow an interlocal agreement with the Town of Hillsborough to proceed. The Agreement is in regards to provision of water and sewer services south of Interstate 40. The Planning Department and Economic Development Department have reviewed and discussed these amendments and find they further joint goals. Attachment 1 contains additional information and analysis regarding this amendment. The staff recommended proposed text amendment language can be found in Attachment 4 within a "track changes" format. Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Consistency, indicating the amendments are reasonable and in the public interest, contained in Attachment 2 and in the proposed amendment package contained in Attachment 4. Planning Board Recommendation: Prior to the public hearing, the Planning Board twice considered the proposed amendments. At its August 3, 2016 meeting, the Board voted 7-1 to recommend approval of the Statement of Consistency and the amendment package. The Planning Board conducted a second review on September 7 to consider edits made by the County Attorney's office after the August 3 Planning Board meeting. At the September 7 meeting, the Board voted 6-0 to recommend approval of the proposed amendments. Subsequent to the September 12 public hearing, the Planning Board considered the amendments at a special meeting on October 17 (the October 5 regular meeting had to be canceled due to quorum issues). At the October 17 meeting, the Board voted 6-0 to recommend approval of the proposed amendments. The Planning Board's signed Statement of Consistency was included in the November 1 BOCC meeting materials. Pertinent Links: July 6, 2016 Ordinance Review Committee Meeting Notes: http://www.orangecountync.gov/7.6.16%20ORC%20Notes.pdf August 3, 2016 Planning Board Minutes: http://www.orangecountync.gov/8.3.16PIanningBoardMinutes.pdf 4 September 7, 2016 Planning Board Minutes: http://www.orangecountync.gov/090716PIanningBoardMinutes.pdf September 12, 2016 Quarterly Public Hearing Agenda Materials: http://server3.co.orange.nc.us:8088/weblink8/0/doc/42565/Pagel.aspx September 12, 2016 Quarterly Public Hearing Minutes: http://server3.co.orange.nc.us:8088/weblink8/0/doc/43289/Pagel.aspx October 17, 2016 Planning Board Minutes: http://www.orangecountync.gov/PBMinutes10.17.16.pdf November 1, 2016 BOCC Meeting Materials: http://server3.co.orange.nc.us:8088/weblink8/0/doc/43337/Pagel.aspx (Minutes of the November 1 meeting are not yet available on-line but the video of the meeting can be viewed at: http://orange-nc.granicus.com/MediaPlayer.php?viewid=2&clip id=1073) FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement were paid from FY2016-17 Departmental funds budgeted for this purpose. Existing Planning staff included in the Departmental staffing budget will accomplish the work required to process this amendment. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this agenda item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. RECOMMENDATION(S): The Manager recommends the Board: 1. Conduct the continued public hearing and accept comment on the proposed amendments; 2. Close the public hearing; 3. Deliberate on the petition as desired; 4. Decide on one of the following options: a. Adopt "Option 4" in the PURPOSE Statement by approving the Statement of Consistency (Attachment 2) and Ordinance (Attachment 4); b. If the Board is not amenable to "Option 4", then discuss and consider Options 1, 2, 3 and 5; c. Defer a decision to a later BOCC regular meeting date; d. Refer the item back to the Planning Board for a specific purpose; or e. Deny the proposed amendments. (Note: Section 2.2.8 Effect of Denial on Subsequent Applications of the UDO states that no application for the same or similar amendment may be submitted for a period of one year. The one year period begins on the date of denial.) 5. Direct staff to incorporate the information in Attachment 5 into the Table of Permitted Uses reorganization work that will come forward in 2017. Attachment 1 5 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO /Zoning-2016-02 Text Modifications to Regulations Pertaining to the Hillsborough Economic Development District A. AMENDMENT TYPE Map Amendments n Future Land Use Map: From: To: n Zoning Map: From: To: n Other: Text Amendments n Comprehensive Plan Text: Section(s): n UDO Text: NUDO General Text Changes LUDO Development Standards MUDO Development Approval Processes Section(s): Section 3/ — Economic Development Districts Section 5.2.2 — Table of Permitted Uses — Economic Development Districts Section 5.5 — Standards for Residential Uses Section 6.7.5 —Additional Standards for MPD-CZ; Specific Standards for Hillsborough EDD n Other: B. RATIONALE 1 6 1. Purpose/Mission In order to better promote economic development opportunities in the Hillsborough Economic Development District (EDD), the Planning Director is suggesting consideration of UDO text amendments to modify development standards, types of permitted uses, and use standards. 2. Analysis Text modifications to existing standards that regulate development in the Hillsborough EDD would aid the County in promoting economic development opportunities within the EDD. Plans for County investment in water and sewer infrastructure to parcels south of Interstate 40 and in the vicinity of Old Highway 86 are underway and these UDO text amendments focus on this geographic area. Funding for the infrastructure expansion is from Article 46 sales tax money which is to be used for economic development purposes. The proposed text amendments would remove single-family and duplex residential uses as by-right permitted uses within the Hillsborough EDD. This action would preserve expected water and sewer capacity within the EDD for non-residential uses. Additionally, multi-family uses would be permitted by-right only if the use is a small part of a mixed-use development project. Residential-only projects or projects exceeding the proposed multi-family square footage limitation could potentially be permitted in the Hillsborough EDD if approved as an MPD-CZ or Conditional Use District. As a result of comments made at the various meetings where this topic has been discussed and the logistical and legal considerations of working with a new Table of Permitted/Prohibited Uses, the more extensive revisions to the Table of Permitted Uses have been delayed so they can be incorporated into the comprehensive reorganization of the Tables of Permitted Uses to bring the UDO into conformity with a recent judicial decision (Byrd v. Franklin County) that is currently underway. However, since much time and effort has been expended in considering the uses for the EDH zoning districts, the BOCC may wish to direct staff to incorporate the information in Attachment 4 into the 2017 reorganization work. Doing so will clarify the intent for the uses to be allowed and prohibited in the EDH zoning districts. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. (See also Land Use Objective LU-1.1 and Water and Wastewater Objective WW-5.) Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and 2 7 industrial uses in the County. Objective ED-2.7: Select industrial sites in Economic Development Areas based on present and planned supporting systems, such as public water and sewer, access to adequate highway, rail, or public transportation infrastructures, and minimize detrimental environmental or negative social outcomes. (See also Water and Wastewater Objective WW-15.) Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Objective LU-1.1: Coordinate the location of higher intensity / high density residential and non- residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) 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 April 19, 2016 b. Quarterly Public Hearing September 12, 2016 —video is available at http://orange- nc.granicus.com/MediaPlayer.php?view id=2&clip id=1057. Six people spoke on the three related Hillsborough EDD items; one person had substantive comments about manufacturing uses — the revisions being proposed may alleviate this person's concerns. c. BOCC Updates/Checkpoints July 6, 2016 — Planning Board ORC (Ordinance Review Committee) (BOCC receives agenda) August 3, 2016 — Planning Board Meeting for Recommendation (BOCC receives agenda) 3 8 September 7, 2016 — Planning Board Meeting for Recommendation on edits made after August 3 meeting (BOCC receives agenda) October 5, 2016 - Planning Board Meeting for Recommendation on revisions made in response to comments at the September 12 quarterly public hearing (BOCC receives agenda) — This meeting was canceled due to quorum issues; a special meeting was held on October 17. November 1, 2016 — Item was continued to the December 5 meeting so additional revisions could be made. December 5, 2016 — Item continued to the December 13 meeting. December 13, 2016 — Possible action. d. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. Additionally, a public information meeting (PIM) was held on July 26, 2016. The PIM covered all three related items scheduled for the September QPH (modifications to the joint plan with the Town of Hillsborough, a related rezoning action, and the proposed text amendments). a. Planning Board Review: July 6, 2016 — Ordinance Review Committee (ORC) — Notes available at http://www.orangecountync.gov/departments/planning and inspections/ orange county planning board (pb).php# August 3, 2016 — Recommendation — Substantial discussion, including public comment that encompassed all three related items but was related primarily to the proposed rezoning action, occurred at the Planning Board meeting. Planning Board Minutes are available at http://www.orangecountync.gov/departments/planning and inspections/ orange county planning board (pb).php#. Six people attended the Planning Board meeting for the three related Hillsborough EDD items. September 7, 2016 — Recommendation on edits made after August 3 meeting (Draft Minutes are part of the October 5 Planning Board agenda for action) October 5, 2016 - Recommendation on revisions made in response to comments at the September 12 quarterly public hearing. This meeting was canceled due to quorum issues; a special meeting was held on October 17. b. Advisory Boards: Economic Development Advisory Board (Sent via e-mail on July 11 because the EDAB was not scheduled to meet until September. To date, one question pertaining to whether hotels would still be allowed in the EDD was asked and answered ) 4 9 c. Local Government Review: Staff has worked jointly with the Town of Hillsborough's staff on the three related items. d. Notice Requirements Consistent with NC State Statutes — legal ad prior to public hearing e. Outreach: ® General Public: A public information meeting (PIM) that covered all three related items (modifications to the joint plan with the Town of Hillsborough, a related rezoning action, and the proposed text amendments) was held on July 26, 2016. Notices regarding the PIM and Planning Board meetings were mailed to affected and adjacent (1,000-foot boundary) property owners on July 11. Five people attended the PIM. Signs for the related rezoning advertising the Planning Board meeting were posted in the area affected by the proposed amendments on July 21. Notices regarding the Public Hearing for the related rezoning action were mailed to affected and adjacent (1,000-foot boundary) property owners on August 26. Signs for the related rezoning advertising the Public Hearing were posted in the area affected by the proposed amendments on August 30. ❑ Small Area Plan Workgroup: n Other: 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of county services. Costs for the mailing and required legal advertisement were paid from FY2016-17 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 Staff is proposing to modify existing regulations that apply to the Hillsborough EDD so that the County can better promote the EDD, particularly the portion of the EDD south of 1-40 in the vicinity of Old Highway 86, for economic development purposes. Although extensive revisions to the Table of Permitted Uses are not being considered for adoption at this time, the information in Attachment 4 shows the intent for permitted and prohibited uses in the EDH zoning districts. This information can be included in the 5 10 comprehensive Table of Permitted Uses reorganization that is currently underway to address the Byrd V. Franklin County judicial decision. E. SPECIFIC AMENDMENT LANGUAGE See Attachment 3. Primary Staff Contact: Perdita Holtz and Craig Benedict Planning & Inspections Department 919-245-2575 pholtz @orangecountync.gov or cbenedict @orangecountync.gov 6 11 Attachment 2 STATEMENT OF CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to modify some development standards, types of permitted uses, and use standards within the Hillsborough Economic Development District (EDD). The Board of County Commissioners finds: a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan. 1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives: Objective ED-1.5: Identify barriers to development of desirable businesses and local businesses, and mitigate these barriers. Objective ED-2.1: Encourage compact and higher density development in areas served by water and sewer. (See also Land Use Objective LU-1.1 and Water and Wastewater Objective WW-5.) Objective ED-2.5: Identify lands suitable to accommodate the expansion and growth of commercial and industrial uses in the County. Objective ED-2.7: Select industrial sites in Economic Development Areas based on present and planned supporting systems, such as public water and sewer, access to adequate highway, rail, or public transportation infrastructures, and minimize detrimental environmental or negative social outcomes. (See also Water and Wastewater Objective WW-15.) Land Use Goal 1: Fiscally and environmentally responsible, sustainable growth, consistent with the provision of adequate services and facilities and a high quality of life. Objective LU-1.1: Coordinate the location of higher intensity/ high density residential and non- residential development with existing or planned locations of public transportation, commercial and community services, and adequate supporting infrastructure (i.e., water and sewer, high-speed internet access, streets, and sidewalks), while avoiding areas with protected natural and cultural resources. This could be achieved by increasing allowable densities and creating new mixed-use zoning districts where adequate public services are available. (See also Economic Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.) 12 Land Use Goal 4: Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all Comprehensive Plan goals. c. The amendment is reasonable and in the public interest because it: 1. Assists Orange County in promoting the Hillsborough EDD to economic development prospects. 2. Continues to protect adjacent and nearby land uses by implementing new, and maintaining a myriad of existing, development standards in the County's UDO. The Board of County Commissioners hereby adopts this Statement of Consistency and findings expressed herein. Earl McKee, Chair Date Attachment 3 13 Ordinance#:ORD-2016-029 AN ORDINANCE AMENDING THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to modify some development standards, types of permitted uses, and use standards within the Hillsborough Economic Development District (EDD) in order to better promote the Hillsborough EDD to economic development prospects, and WHEREAS, the proposal has been found to be consistent with the 2030 Orange County Comprehensive Plan, and WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete, and WHEREAS, the Orange County Planning Board has recommended approval of the proposed text amendments, 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 Orange County Unified Development Ordinance 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 upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing 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 foregoing 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 to the Board of Commissioners 1 14 Amendment Package to Revise Regulations Pertaining to the Hillsborough Economic Development District Notes The pages that follow contain amendments to the Unified Development Ordinance (UDO) text to revise various regulations that pertain to the Hillsborough Economic Development District (EDD). The modifications are being proposed in order to aid the County in better promoting economic development opportunities within the Hillsborough EDD. The following color coding is used in this amendment package: Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO. Red Strikethrough Text: Denotes existing text that staff is proposing be deleted from the UDO. *: Denotes an existing asterisk in Section 5.2, Table of Permitted Uses, that staff is suggesting be deleted. Yellow Highlighted Text: Denotes revisions made after the August 3rd Planning Board meeting. Green Highlighting: Denotes changes in automatic alpha or numeric lists that are difficult to indicate in the text due to the "Styling" properties of the master Microsoft Word document. Green text/strikethrough: Denotes revisions made in response to comments received at the September 12, 2016 quarterly public hearing. Some of the proposed changes utilize footnotes to provide a brief explanation as to rationale. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://oranqecountync.qov/planninq/Ordinances.asp Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment. Text with a large "X" is not proposed for deletion; proposed deletions are shown in ctrikethrougk text. Article 3: Base Zoning Districts 15 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS E D H Lot size, min., (square ECONOMIC DEVELOPMENT feet) 0,000 HILLSBOROUGH LINEAR OFFICE Lot Width, min. (feet) 100 PURPOSE The purpose of the Economic Development Hillsborough Linear Office(EDH-1) District is to provi•_ locations for low to moderately intense medical, professional, admi trative and government office on small to mid-sized sites in the desi• ated Hillsborough Economic Development District. The district is intended to be located on the •-riphery of established Fro Setback from ROW, residential areas and along major and minor t •roughfares. The 50 district is established to provide convenient loca ..ns for offices, the mi . (feet) size and operating characteristics of which require .mited parking and which generate little traffic. Standards are designed so that this district may serve a a transitional land use between residential districts and high= , .re intense land uses. APPLICABILITY This district will usually be applied where the folio g conditions .ide Setback, min. (feet) 15[1] exist: Cor -r Setback, min. 1. This district will be applied in the Hillsbor• gh Economic (feet) 40 [1] [2] Development District. Rear Setb:ck, min. (feet) 50 [1] 2. This district shall only be applied w -re water and sewer are available at the site or are to be mad- available to the site as part of the development approval process Height, max. (f=-t) 30 [3] R-CU[4] 45 Floor Area Ratio, ma NR DIMENSIONAL STANDA-r.•S NOTES: NR-CU .50 [1] Required side and re. setbacks adjacent to residentially zoned land shall be equal to t•- required side or rear setback of the Required Open Space 55 adjacent residential . trict. Ratio, min. [2]Any corner lot h. ing an abutting interior lot on its side street Required Livability Space shall observe a front yard setback from both streets provided, U .55 however, that t' s requirement does not reduce the width suitable for Ratio, min. a building on .aid lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max. •ne [3]Two f:-t of additional height shall be allowed for one foot (square feet) increa of the required front and side setbacks. Required [4] ' - residential, NR= non-residential, CU =conditional use NR Pedestrian/Landscape 15 Ratio, min. NR CU Orange County, North Carolina-Unified Development Ordinance Page 3-52 Article 3: Base Zoning Districts 16 Section 3.7: Economic Development Districts EDH-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. No drive through facilities may be constructed in this district.' 8. A justification for any deviation to development standards must state a public benefit or purpose. 9. Structures in this district shall not exceed 5,000 square feet in gross floor area. 10. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m., a Class A Special Use Permit shall be required. 11. When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District, the perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with Section 6.8.12 shall be installed. 12. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 13. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 14. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 15. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 1 The prohibition of drive-through facilities in the Hillsborough EDD was discussed by BOCC members at the quarterly public hearing. As a result of the discussions,the prohibition is being proposed for deletion. Deletion of this standard will cause the automatic renumbering of remaining standards(e.g.,existing#8 will become#7,and so on). Orange County, North Carolina—Unified Development Ordinance Page 3-53 Article 3: Base Zoning Districts 17 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS E D H -2 Lot size, min./max., (acrcc ECONOMIC DEVELOPMENT square feet)) 2/530,0002 HILLSBOROUGH LIMITED OFFICE Lot Width, min. (feet) 200 PURPOSE The purpose of the Economic Development Hillsborough Limited Office(EDH-2) District is to provide locations for low intensity office Front Setback,from ROW, 50 uses and supporting services in the designated Hillsborough min. (feet) Economic Development District. The district may contain limited commercial uses within employment centers or where vehicular access is provided internally to the development. APPLICABILITY Side Setback, min. (feet) 20[1] This district will usually be applied where the following conditions exist: Corner Setback, min. 50 [1] [2] (feet) 1. This district will be applied in the Hillsborough Economic Development District. 2. This district shall only be applied where water and sewer are Rear Setback, min. (feet) 40[1] available at the site or are to be made available to the site as part of the development approval process. Height, max. (feet) 60 [3] R-CU [4] 45 Floor Area Ratio, max. NR DIMENSIONAL STANDARDS NOTES: NR-CU .50 [1] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Open Space 55 adjacent residential district. Ratio, min. [2]Any corner lot having an abutting interior lot on its side street Required Livability Space shall observe a front yard setback from both streets provided, Ratio, min. R-CU .50 however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max none [3]Two feet of additional height shall be allowed for one foot square feet increase of the required front and side setbacks. Required NR [4] R= residential, NR=non-residential, CU =conditional use Pedestrian/Landscape NR CU .05 Ratio, min. EDH-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-2 District in Section 52, unless a Conditional Use CU or 2 In order to promote economic development opportunities, Staff is suggesting removing the 5 acre maximum lot size and lowering the minimum lot size to 30,000 square feet(0.69 acres). A 2-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. Orange County, North Carolina—Unified Development Ordinance Page 3-54 Article 3: Base Zoning Districts 18 Section 3.7: Economic Development Districts MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved through a Special Use Permit, Class A process regardless of use. 8. All zoning lots greater than 2.0 acres shall only bc approved through a Spccial Use Permit, CI=A proccs& regardless of use.3 9. Any nonresidential use within two hundred feet of a residential subdivision a lot smaller than 2 acres in size with an existing dwelling unit shall require a Special Use Permit, Class A.4 10. Direct driveway access to an arterial or major collector shall be prohibited. A frontage or service road shall bc dedicated and constructed to provide access along all arterials or major collectors. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no-rise certification from the NC Department of Public Safety National Flood Insurance Program of, b)be located on a slope greater than 15%, or c) disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.5 No drive through facilities may be constructed in this district.6 A justification for any deviation to development standards must state a public benefit or purpose. 13. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 14. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 15. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 16. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. s In order to promote economic development opportunities, Staff is suggesting deletion of standards 7 and 8 which require a Class A Special Use Permit for projects above a certain size. Staff notes that standard#9 is suggested to remain in place;this standard requires a Class A Special Use Permit for any nonresidential use located within 200- feet of an existing residential use on a smaller lot size. Typically,SUPs are used to require that a specific type of use(e.g., utility substations or wireless communication towers) be required to prove, in a quasi-judicial setting, that the use will meet the standards found in Section 5.3.2 of the UDO. It is unusual to require any use that reaches a certain size or that is located on a lot smaller or larger than a certain size be required to obtain a SUP. It should be noted the deletion of standards 7 and 8 will cause the automatic renumbering of the remainder of the list below 8(e.g., existing#9 will become#7 if 7 and 8 are deleted,and so on). 4 The Attorney's office has advised that the term "residential subdivision" is vague and should be revised to a more definitive standard, particularly since the idea in#9 is proposed to be applied to EDH-3. The lot size suggested (2 acres or smaller) is being suggested because the vast majority of existing residential uses near EDH zoning boundaries are located on lots smaller than 2 acres in size. It should also be noted that Section 6.8.12(C) requires additional landscaped buffers at the perimeter of the EDDs and adjacent to interstates and certain roadways. 5 Staff is suggesting revised language because existing language provides no by-right flexibility to the requirement for frontage(or backage) roads in cases where site features might warrant flexibility in the requirement. The terms limited access street and marginal access street are existing terms and definitions in the UDO. Additionally, staff will bring an Amendment Outline Form to the BOCC after the summer break to receive authorization to develop an Access Management Plan for Hillsborough EDD. Section 2.5.3(V)of the UDO requires that site plan be in compliance with adopted access management plans; having an adopted access management plan will allow staff to require that parcels reserve access easements for future connectivity. 6 Deletion of this standard will cause the automatic renumbering of standards currently below it. Orange County, North Carolina—Unified Development Ordinance Page 3-55 Article 3: Base Zoning Districts 19 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS EDH-3 ECONOMIC DEVELOPMENT Lot size, min./max., 2/5 [111$ (acres) HILLSBOROUGH OFFIC Lot Width, min. (feet) 200 PURPOSE The purpose of the Economic Development Hillsborough Limited Office with Residential(EDH-3)District is to provide locations for low Front Setback,from 50 to moderate intensity office uses and supporting services in the ROW, min. (feet) designated Hillsborough Economic Development District. The district may contain low to moderate density multi-family residential uses(4--6 6-12 units per acre)9. APPLICABILITY Side Setback, min. (feet) 20 [2] This district will usually be applied where the following conditions exist: Corner Setback, min. 50 [2] [3] (feet) 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback, min. (feet) 40 [2] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. EXCEPTION: Singlc family lots R[4] 35 [5] [6] located south of I /10 may use ground absorption septic systems on Height, max. (feet) minimum size lots of 10,000 square fcct providcd at I act 33%of the NR 60[5] R-CU[4] DIMENSIONAL STANDARDS NOTES:10 Floor Area Ratio, max. NR .60 [1] Resultant single family lot sizes shall be a minimum of 7,500 NR CU 55.6512 square feet and a maximum of 11,000 square feet if connected to public sewer. [2] Required side and rear setbacks adjacent to residentially zoned Required Open Space 50 land shall be equal to the required side or rear setback of the Ratio, min. Staff is suggesting a change in the name of this district,as indicated. As proposed revisions in Section 5.2 show, staff is recommending that single-family and two-family dwellings be removed as permitted uses in this district. As such, references on this page to these types of residential uses are being shown for deletion. 8 In order to promote economic development opportunities, Staff is suggesting removing the 5 acre maximum lot size and lowering the minimum lot size to 1 acre. A 2-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. 9 This is the existing density stipulated in Section 5.2 for multi-family residential in the Hillsborough EDD. Staff is recommending that single-family and duplex residential uses be removed as a permitted use in this district and that multi-family uses would be permitted only as a small component of a multi-use development(see proposed Section 5.5.10) 10 Removal of[1]will cause subsequent renumbering and updates to the relevant note number in the table to the right. Orange County, North Carolina—Unified Development Ordinance Page 3-56 Article 3: Base Zoning Districts 20 Section 3.7: Economic Development Districts adjacent residential district. [3]Any corner lot having an abutting interior lot on its side street Required Livability Space R-CU 45 shall observe a front yard setback from both streets provided, Ratio, min. however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max. none [4] R= Residential uses; NR= Non-residential uses. (square feet) [5]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [6] Multi-family structures shall be limited to a twe-three-story Required maximum." Pedestrian/Landscape NR .05 Ratio, min. NR CU EDH-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-3 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. Parcels existing as of April 17,2001 containing cumulatively more than 2 acres shall only be developed through a MPD CZ proces€or after obtaining a Special Use Permit, Class A approval. 13 4. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a parcel of property). 8. Single family uses shall adhere to the requirements for Flexible Development Subdivisions in Section 7.13.14 Duplex and multi family uses shall be connected to a public water and public sewer system.15 10. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved through a Special Use Permit, Class A process regardlese of use. All zoning lots greater than 2.0 acres shall only be approved through a Special Usc Permit, Clac A proccsc regardless of use.Any nonresidential use within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size shall require a Special Use Permit, Class A.16 12 Staff is suggesting increases in Floor Area Ratios(FAR) in this district. The suggested ratios are in keeping with the FAR allowed within the higher-intensity districts that can be applied to lands within the Commercial-Industrial Transition Activity Nodes(CITAN) 11 Staff is suggesting that multi-family structures be allowed to be three stories tall rather than two. Three stories has become fairly typical in the region for this type of residential product. 13 Staff is suggesting removal of this standard in order to better promote economic development opportunities. It should be noted the deletion of standards 3,8,9,and 10 and insertion of#13 will cause the automatic renumbering of the list(e.g.,existing#4 will become#3,and so on). 14 Because single-family residential uses are being proposed for removal as a permitted use in this zoning district, this standard would be obsolete. 15 All development in this zoning district would be required to be connected to public water and sewer(see#2 in Applicability section),so this standard would be obsolete. 16 In order to promote economic development opportunities,Staff is suggesting deletion of standards 10 and 11 which require a Class A Special Use Permit for projects above a certain size. However, in order to promote protection of existing residential subdivisions(which are specifically designated in existing language in EDH-2), Staff is suggesting that the new language in#11 be added. Orange County, North Carolina—Unified Development Ordinance Page 3-57 Article 3: Base Zoning Districts 21 Section 3.7: Economic Development Districts No drive through facilities may be constructed in this district." Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no- rise certification from the NC Department of Public Safety National Flood Insurance Program oc, b)be located on a slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.18 14. A justification for any deviation to development standards must state a public benefit or purpose. 15. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 16. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 17. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 18. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 17 Deletion of this standard will cause the automatic renumbering of standards currently below it. 18 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2,4, and 5 districts. Insertion of this standard causes the automatic renumbering of remaining standards(e.g.,existing #13 became#14,and so on). Orange County, North Carolina—Unified Development Ordinance Page 3-58 Article 3: Base Zoning Districts 22 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS EDH -4 ECONOMIC DEVELOPMENT Lot size, min., (acres) 4119 HILLSBOROUGH OFFICE Lot Width, min. (feet) X99 200 PURPOSE The purpose of the Economic Development Hillsborough Office/ Retail (EDH-4)District is to provide locations for high intensity office uses and supporting retail and services uses in the designated Front Setback,from ROW, 50 Hillsborough Economic Development District. min. (feet) The district is intended to be located on large areas as part of a cohesive development plan and may contain commercial uses within employment centers. APPLICABILITY Side Setback, min. (feet) 20[1] This district will usually be applied where the following conditions Corner Setback, min. (feet) 50 [1] [2] exist: 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback, min. (feet) 40 [1] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. Height, max. (feet) 60 [3] R-CU[4] .65 DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR [1] Required side and rear setbacks adjacent to residentially zoned NR-CU .75 land shall be equal to the required side or rear setback of the Required Open Space Ratio, adjacent residential district. .40 min. [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, Required Livability Space however, that this requirement does not reduce the width suitable for Ratio, min. R-CU .45 a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). Gross Land Area, min./max. [3]Two feet of additional height shall be allowed for one foot (square feet) none increase of the required front and side setbacks. Required [4] R= residential, NR=non-residential, CU =conditional use Pedestrian/Landscape NR 05 Ratio, min. NR CU EDH-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-4 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is a.'roved see Section 3.8 . Additionall , non-residential uses are restricted based on the 19 In order to promote economic development opportunities,Staff is suggesting lowering the minimum lot size to 1 acre. A 4-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. Orange County, North Carolina—Unified Development Ordinance Page 3-59 Article 3: Base Zoning Districts 23 Section 3.7: Economic Development Districts Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. All outparcels within this district shall have internal access to the development. 8. No drive through facilities may be constructed in this district.20 Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no- rise certification from the NC Department of Public Safety National Flood Insurance Program op, b)be located on a slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.21 10, Justification for any deviation to development standards must state a public benefit or purpose. 11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 12. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 13. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 14. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 20 Deletion of this standard will cause the automatic renumbering of standards currently below it. 21 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2,3, and 5 districts. Insertion of this standard causes the automatic renumbering of remaining standards(e.g.,existing #9 became#10,and so on). Orange County, North Carolina—Unified Development Ordinance Page 3-60 Article 3: Base Zoning Districts 24 Section 3.7: Economic Development Districts E D H_5 DIMENSIONAL STANDARDS ECONOMIC DEVELOPMENT HILLSBOROUGH Lot size, min., (acres) 4222 Lot Width, min. (feet) 494 200 PURPOSE The purpose of the Economic Development Hillsborough Office/Flex Research and Manufacturing (EDH-5) District is to provide locations for a wide range of research, assembling,fabricating and light manufacturing activities, and such ancillary industrial activities as warehousing and distribution in the designated Hillsborough Front Setback,from ROW, Economic Development District. min. (feet) 50 Some commercial services are also permitted accc:cory to industrial development-if they are part of a cohesive development plan that is predominantly comprised of permitted non-residential uses and provided all access is provided internally. The district is established to provide locations for research and industrial development which have little or no im.act on adoinin. .ro.erties. APPLICABILITY Side Setback, min. (feet) 20[1] This district will usually be applied where the following conditions Corner Setback, min. (feet) 50 [1] [2] exist: 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback, min. (feet) 40 [1] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. Height, max. (feet) 40 [3] R-CU [4] 65 NR max. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, NR-CU .75 [1] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Open Space adjacent residential district. Ratio, min. .40 [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, Required Livability Space R CU 45 however, that this requirement does not reduce the width suitable for Ratio, min. a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). [3]Two feet of additional height shall be allowed for one foot min./max. none increase of the required front and side setbacks. se uare feet [4] R= residential, NR=non-residential, CU =conditional use Required NR Pedestrian/Landscape .05 NR-CU Ratio, min. 22 In order to promote economic development opportunities,Staff is suggesting lowering the minimum lot size to 2 acres. A 4-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. Orange County, North Carolina—Unified Development Ordinance Page 3-61 Article 3: Base Zoning Districts 25 Section 3.7: Economic Development Districts EDH-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-5 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. No drive through facilities may be constructed in this district.23 Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no- rise certification from the NC Department of Public Safety National Flood Insurance Program of, b)be located on a slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.24 A justification for any deviation to development standards must state a public benefit or purpose. 10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 12. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 13. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 23 Deletion of this standard will cause the automatic renumbering of standards currently below it. 24 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2,3, and 4 districts. Insertion of this standard causes the automatic renumbering of remaining standards(e.g.,existing #8 became#9,and so on). Orange County, North Carolina—Unified Development Ordinance Page 3-62 Manufacturing portion of General Use Article 5: Uses 26 Zoning Districts (Section 5.2.1) Section 5.2:Table of Permitted Uses TAB OF PERMITTED USES—GENERAL USE ZONING DISTRICTS WW"=K LE jjr=PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE A=SUBJECT TO SPECIAL STANDARDS USE TYPE GENERAL USE ZONING DISTRICTS — 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) o es&Office Buildings Governmental Protective Services (Po ice Stations) Rescue Squads, Volunteer Fire Departments Military Installations (National G Ar MANUFACTURING,ASSEMBLY&PROCESSING NOTE: THE MANUFACTURING PORTION OF THE TABLE UTILIZES SECTOR NUMBERS AS DEFINED IN THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM NAICS ,Z012 VERSION25 n' LR.JUStFi„l u,,ay. _26 IR.JUStFi„I Light—26 n $ _ DriRtiRg &I i+hl,.. ap hy SaWFRHIS 311 Food Manufacturing (see listing below) 25 Due to comments made at the September 12,2016 quarterly public hearing, staff has worked to modify the list of allowable manufacturing land uses within the EDH districts. Due to recent court decisions, specifically the Byrd V. Franklin Countyjudicial decision, staff is concerned about having inconsistency with respect to what is considered an allowable land use. Staff had already been working on a comprehensive re-configuration of the existing tables outlining permitted uses but, after conferring with the Attorney's office, it was decided to complete work on this specific component at this time. The manufacturing section of the general use zoning district(i.e., 1-1; 1-2; 1-3) is now consistent,with respect to the uses listed, as those addressed in the EDH districts. 26 Currently, allowable uses within the various Industrial districts are based on anticipated off-site impacts and rely on the determination of the Planning Department. This can no longer be relied upon and specific permitted/prohibited uses need to be listed. Orange County, North Carolina—Unified Development Ordinance Page 5-8 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 GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/RM 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) 0 3111 Animal Food Manufacturing 0 3112 Grain and Oilseed Milling 0 3113 Sugar and Confectionery Product Manufacturing 0 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing 0 3115 Dairy Product Manufacturing 0 3116 Animal Slaughtering and Processing 0 3117 Seafood Product Preparation and Packaging 0 3118 Bakeries and Tortilla Manufacturing 0 3119 Other Food Manufacturing 312 Beverage and Tobacco Product Manufacturing (see listing below) 0 3121 Beverage Manufacturing 0 3122 Tobacco Manufacturing 313 Textile Mills 314 Textile Product Mills 315 Apparel Manufacturing 316 Leather and Allied Product Manufacturing (see listing below) 0 3161 Leather and Hide Tanning and Finishing 0 3162 Footwear Manufacturing 0 3169 Other Leather and Allied Product Manufacturing Article 5: Uses 28 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 USE TYPE GENERAL USE O/RM AS El 11 12 13 P111A — 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) • 3211 Sawmills and Wood Preservation • 3212 Veneer, Plywood, and Engineered Wood Product Manufacturing • 3219 Other Wood Product Manufacturing 322 Paper Manufacturing (see listing below) • 3221 Pulp, Paper, and Paperboard Mills • 3222 Converted Paper Product Manufacturing 323 Printing and Related Support Activities 324 Petroleum and Coal Products Manufacturing 325 Chemical Manufacturing (see listing below) • 3251 Basic Chemical Manufacturing • 3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing • 3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing • 3254 Pharmaceutical and Medicine Manufacturing • 3255 Paint, Coating, and Adhesive Manufacturing • 3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing • 3259 Other Chemical Product and Preparation Manufacturing 326 Plastics and Rubber Products Manufacturing see listing below • 3261 Plastics Product Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-10 Article 5: Uses 29 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 USE TYPE GENERAL USE O/RIVI AS El 11 12 13 P111A — 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) • 3262 Rubber Product Manufacturing (see listing below 0 32621 Tire Manufacturing 0 32622 Rubber and Plastics Hoses and Belting Manufacturing 0 32629 Other Rubber Product Manufacturing 327 Nonmetallic Mineral Product Manufacturing see listing below • 3271 Clay Product and Refractory Manufacturing • 3272 Glass and Glass Product Manufacturing • 3273 Cement and Concrete Product Manufacturing • 3274 Lime and Gypsum Product Manufacturing • 3279 Other Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing 332 Fabricated Metal Product Manufacturing (se( listing below • 3321 Forging and Stamping • 3322 Cutlery and Hand tool Manufacturing • 3323 Architectural and Structural Metals Manufacturing • 3324 Boiler, Tank, and Shipping Container Manufacturing • 3325 Hardware Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-11 Article 5: Uses 30 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 USE TYPE GENERAL USE O/RM AS El 11 12 13 P111A — 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) • 3326 Spring and Wire Product Manufacturing • 3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing • 3328 Coating, Engraving, Heat Treating. and Allied Activities • 3329 Other Fabricated Metal Product Manufacturing see listing below 0 33291 Metal Valve Manufacturing 0 33299 All Other Fabricated Metal Product Manufacturing (see listing below • 332991 Ball and Roller Bearinn Manufacturing • 332992 Small Arms Ammunition Manufacturing • 332993 Ammunition (except Small Arms) Manufacturing • 332994 Small Arms, Ordnance and Ordnance Accessories Manufacturing • 332996 Fabricated Pipe and Pipt Fitting Manufacturing ■ 332999 All Other Miscellaneou Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment, Appliance, and Component Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-12 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 GENERAL USE ZONING DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 O/RM AS El 11 12 13 PID Manufacturing - 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) 336 Transportation Equipment Manufacturing (see listing below) 0 3361 Motor Vehicle Manufacturing 0 3362 Motor Vehicle Body and Trailer Manufacturing 0 3363 Motor Vehicle Parts Manufacturing 0 3364 Aerospace Product and Parts 0 3365 Railroad Rolling Stock Manufacturing 0 3366 Ship and Boat Building 0 3369 Other Transportation Equipment Manufacturing (see listing below) 0 336991 Motorcycle, Bicycle, and Parts Manufacturing 0 336992 Military Armored Vehicle, • Tank Component Manufacturing 0 336999 All Other Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturin( 339 Miscellaneous Manufacturing Health Services: Over 10,0 Health Services: Under 10,000 Sq. Ft. Article 5: Uses 32 Section 5.2:Table of Permitted Uses 5.2.2 Table of Permitted Uses— Economic Development Districts TABLE OF PERMITTED USES—ECONOMIC . - 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 BLICKHORN EDD ENO EDD HILLSBOROLIGH EDD . - . - #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAICS , 2012 Version 27 AGRICULTURAL USES Animal hospital/veterinarian C# C# Kennel, Class I C# Kennel, Class II B B CONSTRUCTION Building contractors Construction (Sector 23)(Hillsborough EDD only; all activities must be wholly within building) 28 x Plumbing, heating, electrical,and similar trade contractors FINANCE Banks, savings and loans, and credit unions Credit agencies and institutions Finance &Insurance(Sector 52) Insurance carriers and agents Real estate agents and brokers 27 Staff suggests adding clarifying language as to what"Sector X" refers to when referencing the rows that pertain to the Hillsborough EDD zoning districts. 28 In the amendment version the Planning Board reviewed on Aug. 3,this language was suggested for deletion. Due to subsequent comments from the Attorney's office,staff is suggesting the language remain as is because of concerns related to the recent Byrd v. Franklin Countyjudicial decision. This language may be modified at a later date as staff is currently working on comprehensive amendments to the Tables of Permitted Uses to address the outcome of the referenced judicial decision. Orange County, North Carolina—Unified Development Ordinance Page 5-17 Article 5: Uses 33 Section 5.2:Table of Permitted Uses TABLE OF . USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System (NAICS), 2012 Version 27 Security and commodity brokers, and investment offices GOVERNMENT USES Governmental facilities and office buildings x x x x x x (including solid waste collection centers Governmental protective services (Police and fire stations, rescue squads,and volunteer fire " departments) Parks, public and non-profit Public Administration (Sector 92) INFORMATION Information (Sector 51) MANUFACTURING,ASSEMBLY&PROCESSING M an-1.+n n+11.F nn (Cnn+nr 31 33)( LJill..hnrnU g.. Cnn 29 - Cn6umm8n+ (688 106+inn hnlnW) Clnn+rin linh+inn anal wiFlAg eqHlPWIAAt 29 In the amendment version the Planning Board reviewed on Aug 3,this language was suggested for deletion. Due to subsequent comments from the Attorney's office,staff is suggesting the language remain as is because of concerns related to the recent Byrd v. Franklin County judicial decision. This language may be modified at a later date as staff is currently working on comprehensive amendments to the Tables of Permitted Uses to address the outcome of the referenced judicial decision. Due to comments made at the September 12, 2016 quarterly public hearing,the Manufacturing sectors, as they pertain to the proposed EDH-5 addition,were suggested for further refinement. Because of this,the Attorney's office has suggested that a portion of the comprehensive work to the Table of Permitted Uses be undertaken at this time. Therefore, manufacturing uses pertaining to the Buckhorn and Eno EDDs are also proposed to be revised. At this time,staff is proposing use of the NAICS codes to achieve this work. However,the future comprehensive amendment to the Tables of Permitted Uses may or may not use the NAICS codes(e.g.,the manufacturing portions of the Table may be revised in the future (2017), Orange County, North Carolina—Unified Development Ordinance Page 5-18 TABLE OF PERMITTED USES—ECONOMIC DEVELOPMENT DISTRICTS MITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING$CLASS A SUP) 4 GENERAL USE ZONING DISTRICTS USE TYPE BUCKHORN EDD ENO EDD HILLSBOROUGH EDD EDBA EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 #Shall be noted on Zoning Atlas as"Zoning District"—CU (e.g., EDB-2-CU) Note- The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System `ICS), 2012 Version ---- LVA M_ - - - ----_____ e• - e•_ �e ee_ _ TABLE OF PERMITTED USES—ECONOMIC DEVELOPMENT DISTRICTS MITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(REZONING$CLASS A SUP) 4 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) Note- The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System `ICS), 2012 Version WaIrME rvm wra"Mr.1mr.1r. mm -- - - - ----_____ -- - - --rrrr_c ----_____ Article 5: Uses 36 Section 5.2:Table of Permitted Uses TABLE a—mwmirrEDUSIE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=OF . USES—ECONOMIC DEVELOPMENT CONDITIONAL USE(RE ZONING GENERAL USE USE TYPE BUCKHORN EDD ENO EDD HILLSBOROUGH EDD D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAILS , 2012 Version 27 Glass and glass,.aFe n4iSGL--1lA-AL--,11.5 tPA-R6P9I4ati9R -- n Aio.-.,llA-AP-..116 lRd6IS4086 (See 1P-k 4elFy and oilV.,RNaFe n4isGL--1lA-AL-- 11.6 P YfaGt SriR in f +ri etc- PP-R, .silo 940G8, Rd artist o ., e� Manufacturing (Sectors 31-33)(Within the Hillsborough EDD, all activities must be wholly (see NAICS subsectors—indicated by numbers before the title-below) within a building) 311 Food Manufacturing (see listing below) • 3111 Animal Food Manufacturing 3112 Grain and Oilseed Milling • 3113 Sugar and Confectionery Product Manufacturing 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-21 Article 5: Uses 37 Section 5.2:Table of Permitted Uses TABLE a—mwmirrEDUSIE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=OF . USES—ECONOMIC DEVELOPMENT CONDITIONAL USE(RE ZONING GENERAL USE D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAILS , 2012 Version 27 • 3115 Dairy Product Manufacturing • 3116 Animal Slaughtering and Processing • 3117 Seafood Product Preparation and Packaging • 3118 Bakeries and Tortilla Manufacturinr • 3119 Other Food Manufacturing 312 Beverage and Tobacco Product Manufacturing see listing below • 3121 Beverage Manufacturing • 3122 Tobacco Manufacturing 313 Textile Mills 314 Textile Product Mills 315 Apparel Manufacturing 316 Leather and Allied Product Manufacturing see listing below • 3161 Leather and Hide Tanning and Finishing 3162 Footwear Manufacturing • 3169 Other Leather and Allied Product Manufacturing 321 Wood Product Manufacturing (see listing below • 3211 Sawmills and Wood Preservation 3212 Veneer, Plywood, and Engineered Wood Product Manufacturing 3219 Other Wood Product Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-22 Article 5: Uses 38 Section 5.2:Table of Permitted Uses TABLE a—mWmiTTEDUSE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=OF . USES—ECONOMIC DEVELOPMENT CONDITIONAL USE(RE ZONING GENERAL USE D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAILS , 2012 Version 27 322 Paper Manufacturing (see listing below) • 3221 Pulp, Paper, and Paperboard Mills • 3222 Converted Paper Product Manufacturing 323 Printing and Related Support Activities 324 Petroleum and Coal Products Manufacturing 325 Chemical Manufacturing (see listing below' • 3251 Basic Chemical Manufacturing • 3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filament Manufacturing • 3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing • 3254 Pharmaceutical and Medicine Manufacturing • 3255 Paint, Coating, and Adhesive Manufacturing • 3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing • 3259 Other Chemical Product and Preparation Manufacturing 326 Plastics and Rubber Products Manufacturing see listing below • 3261 Plastics Product Manufacturing 3262 Rubber Product Manufacturing see listing below 0 32621 Tire Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-23 Article 5: Uses 39 Section 5.2:Table of Permitted Uses TABLE a—mwmirrEDUSIE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=OF . USES—ECONOMIC DEVELOPMENT CONDITIONAL USE(RE ZONING GENERAL USE D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAILS , 2012 Version 27 0 32622 Rubber and Plastics Hoses and Belting Manufacturing 0 32629 Other Rubber Product Manufacturing 327 Nonmetallic Mineral Product Manufacturing see listing below • 3271 Clay Product and Refractory Manufacturing 3272 Glass and Glass Product Manufacturing • 3273 Cement and Concrete Product Manufacturing • 3274 Lime and Gypsum Product Manufacturing • 3279 Other Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing 332 Fabricated Metal Product Manufacturing (see listing below 3321 Forging and Stamping 3322 Cutlery and Handtool Manufacturing • 3323 Architectural and Structural Metals Manufacturing • 3324 Boiler, Tank, and Shipping Container Manufacturing 3325 Hardware Manufacturing • 3326 Spring and Wire Product Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-24 Article 5: Uses 40 Section 5.2:Table of Permitted Uses TABLE OF . USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAICS , 2012 Version 27 • 3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing • 3328 Coating, Engraving, Heat Treating, and Allied Activities • 3329 Other Fabricated Metal Product Manufacturing see listing below 0 33291 Metal Valve Manufacturing 0 33299 All Other Fabricated Metal Product Manufacturing (see listing below ■ 332991 Ball and Roller Bearing Manufacturing • 332992 Small Arms Ammunition Manufacturing ■ 332993 Ammunition (except Small Arms) Manufacturing ■ 332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing • 332996 Fabricated Pipe and Pipe Fitting Manufacturing ■ 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment,Appliance,and Component Manufacturing 336 Transportation Equipment Manufacturing (see listing below • 3361 Motor Vehicle Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-25 Article 5: Uses 41 Section 5.2:Table of Permitted Uses TABLE OF . USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAICS , 2012 Version 27 • 3362 Motor Vehicle Body and Trailer Manufacturing • 3363 Motor Vehicle Parts Manufacturing • 3364 Aerospace Product and Parts Manufacturing • 3365 Railroad Rolling Stock Manufacturing • 3366 Ship and Boat Building • 3369 Other Transportation Equipment Manufacturing see listing below 0 336991 Motorcycle, Bicycle, and Parts Manufacturing 0 336992 Military Armored Vehicle, Tank, and Tank Component Manufacturing 0 336999 All Other Transportation Equipment Manufacturin 337 Furniture and Related Product Manufacturing 339 Miscellaneous Manufacturing RECREATION Arts, Entertainment& Recreation (Sector 71) RESIDENTIAL Orange County, North Carolina—Unified Development Ordinance Page 5-26 Article 5: Uses 42 Section 5.2:Table of Permitted Uses TABLE OF . USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS USE TYPE BLICKHORN EDD ENO EDD HILLSBOROUGH EDD EDBA ED13-2 #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAICS , 2012 Version 27 Dwelling, single-family *30 Dwelling,two-family Dwelling, multi-family(6-12 units per acre in the x 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 9es61paRsy)Temporary Use of a Residential Mobile Home 31 RETAIL Farm equipment sales C# C# Motor vehicle service station C# C# Motor vehicles, new and used, sales and rental C# C# 30 Staff is suggesting removing single-family residential and two-family(e.g.,duplex) uses as permitted uses within the Hillsborough EDD. This is being suggested in order to promote lands within the EDD predominantly for non-residential uses(multi-family uses would be permitted in the indicated districts but subject to the proposed use-specific standards in Section 5.5.10 which limits the scope of the use and requires that, in order to be permitted by-right,they be part of an overall development plan that includes other permitted use(s)as the dominant use. Stand-alone multi-family development could potentially still be permitted within the Hillsborough EDD through either the MPD-CZ process or as a Conditional Use District. 31 Staff is suggesting renaming this use type to be consistent with the title used in Section 5.4.4 which contains the standards for this use type. Additionally, staff suggests deleting the use from EDH-3 since only multi-family uses are suggested for EDH-3. Orange County, North Carolina—Unified Development Ordinance Page 5-27 Article 5: Uses 43 Section 5.2:Table of Permitted Uses TABLE OF . USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS USE TYPE BLICKHORN EDD ENO EDD HILLSBOROUGH EDD EDBA ED13-2 #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAICS , 2012 Version 27 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 Retail Trade(Sectors 44,45; excluding Subsector 454 Non-store retailers) inni.,1=10116199 ,Hgh FEnn gz 32 Retail trade, sales and rental of durable and convenience goods, merchandise,and equipment, C# including mail order houses, in a separate,free- standing building Retail trade, sales and rental of durable and convenience goods, merchandise,and equipment, including mail order houses,when located in a service building, court or plaza, or enclosed mall consisting of multiple uses. SERVICES Accommodation and Food Service(Sector 72) /Cn+inn and drinking establishments n permitted � � .34 33 32 Staff is suggesting that retail trade be permitted in EDH-4 and EDH-5,subject to the proposed standards in Section 5.6.16 which limit the scope of retail uses allowed by-right and requires they be part of an overall development plan that includes other permitted use(s)as the dominant use. As is currently the situation, retail trade would be permitted as a stand-alone use in the Hillsborough EDD only if a CUD or MPD-CZ is approved. 33 Staff is suggesting this language be moved to Section 5.6.17 since the standards section is a more appropriate place for standards. Orange County, North Carolina—Unified Development Ordinance Page 5-28 Article 5: Uses 44 Section 5.2:Table of Permitted Uses TABLE a—mWmiTTEDUSE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=OF . USES—ECONOMIC DEVELOPMENT CONDITIONAL USE(RE ZONING GENERAL USE D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAILS , 2012 Version 27 Administrative &Support Services (Sector 561) Art/photographic studios C# Assembly facility-300 or more person capacity C# Assembly facility- less than 300 person capacity C# Beauty and barber shops Churches Clubs and lodges, and social,fraternal, and union C# C# C# C# clubhouses Community center A A A A Day care facility B B Educational Services (Sector 61) Funeral homes C# C# Golf driving and practice ranges Health Care&Social Assistance (Sector 62) Health services, including doctors and dentists offices, and medical and dental laboratories Hotels and motels C# Indoor theaters C# Large day care home B Laundry, dry cleaning, and shoe repair services C# Libraries C# 34 Section 5.6.17 contains standards that would be permit this use in EDH-5 only if it is limited in scope and part of an overall development plan. Orange County, North Carolina—Unified Development Ordinance Page 5-29 Article 5: Uses 45 Section 5.2:Table of Permitted Uses TABLE OF . USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS USE TYPE BLICKHORN EDD ENO EDD HILLSBOROUGH EDD D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAICS , 2012 Version 27 Management of Companies &Enterprises(Sector -3 55 36 Motor vehicle maintenance and repair(body shop) C# Other offices and personal services;e.g., attorneys,watch and jewelry repair,computer programming and data processing, employment and travel agencies, advertising agencies,and accounting, engineering, architectural, and surveying offices Professional, Scientific&Technical Services Sector 54 Recreational facilities B B Repair service, electronic and appliance C# C# Research facility Schools, dance, art,and music C# Schools, elementary, middle,and high A A Schools, vocational C# C# Other Services (Hillsb Fe gh Enn,Hly Sector TRANSPORTATION Bus terminals and garages C# Postal and parcel delivery services Rail/bus passenger shelter 35 Incorrect Sector number(53) is being corrected to 55. 36 In keeping with the way other NAICS Sectors are listed in the table of Permitted Uses,staff is suggesting the Sector number for"Other Services' be listed. It is unnecessary to state the use type is applicable in the Hillsborough EDD only. Orange County, North Carolina—Unified Development Ordinance Page 5-30 Article 5: Uses 46 Section 5.2:Table of Permitted Uses TABLE a—mWmiTTEDUSE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=OF . USES—ECONOMIC DEVELOPMENT CONDITIONAL USE(RE ZONING GENERAL USE D- D- #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAILS , 2012 Version 27 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 48, 49) WHOLESALE TRADE Wholesale Trade (Sector 42) Durable Goods (see listing below) • Automotive parts and supplies (In an enclosed building) • Electrical goods • Furniture and home furnishings • Hardware, plumbing, and heating equipment and supplies • Lumber and other construction materials • Machinery, equipment, and supplies • Sporting, recreational, photographic, and hobby goods; toys and supplies Non-Durable Goods (see listing below) • Apparel and piece goods • Beer, wine, and distilled alcoholic beverages • Groceries and related products • Paper and paper products • Pharmaceuticals and cosmetics MISCELLANEOUS Orange County, North Carolina—Unified Development Ordinance Page 5-31 Article 5: Uses 47 Section 5.2:Table of Permitted Uses TABLE OF . USES—ECONOMIC DEVELOPMENT PERMITTED USE A=CLASS A SPECIAL USE B=CLASS B SPECIAL USE C=CONDITIONAL USE(RE GENERAL USE ZONING DISTRICTS EDBA ED13-2 #Shall be noted on Zoning Atlas as"Zoning District'—CU (e.g., EDB-2-CU) Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System NAICS , 2012 Version 27 Accessory uses X37 Electric, Gas, and Liquid Fuel Transmission lines B B B B Elevated water storage tank (Permitted as accessory use without Special Use B B B Permit Historic buildings for non-residential/mixed use A A A A Public utility stations and sub-stations, switching A A A A stations, and telephone exchanges Radio and television transmitting and receiving B B B towers Solar Array—Large Facility B B B B Solar Array—Public Utility A A A A Storage and warehousing, inside building Storage of goods, outdoors (Accessory only and subject to screening 38 Water and sanitary sewer pumping stations 37 Accessory uses are supposed to be allowed in all zoning districts. Staff believes it was an oversight to not allow them in the EDH districts and is suggesting making this correction. 38 In the amendment version the Planning Board reviewed on August 3,this language was suggested for deletion. Due to subsequent comments from the Attorney's office,staff is suggesting the language remain as is because of concerns related to the recent Byrd v. Franklin County judicial decision. This language may be modified at a later date as staff is currently working on comprehensive amendments to the Tables of Permitted Uses to address the outcome of the referenced judicial decision. Orange County, North Carolina—Unified Development Ordinance Page 5-32 Manufacturing portion of Conditional Article 5: Uses 48 Section 5.2:Table of Permitted Uses Zoning Districts (5.2.3) CONDITIONAL TABLE OF PERMITTED USES- DISTRICTS CONDITIONAL PERMITTED USE DISTRICTS USE TYPE NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval As Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan. EXTRACTIVE Extraction of Earth Products GOVERNMENTAL USES Governmental Facilities&Office Buildings Governmental Protective Services(Police& Fire Stati ue Squads, Volunteer Fire Departments Military Installation a uard & Reserve Armory) -Ptrbtrc-2—ministration (Sector 92) MANUFACTURING,ASSEMBLY&PROCESSING NOTE: The Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North A--,;can Industry Classification System NAICS , 2012 Version 39 I.,d HStrial Light DriRtiRg Q. CA,,millo A 39 Due to comments made at the September 12, 2016 quarterly public hearing, staff has worked to modify the list of allowable manufacturing land uses within the EDH districts. Due to recent court decisions, specifically the Byrd V. Franklin County judicial decision, staff is concerned about having inconsistency with respect to what is considered an allowable land use. Staff had already been working on a comprehensive re-configuration of the existing tables outlining permitted uses but, after conferring with the Attorney's office, it was decided to complete work on this specific component at this time. The manufacturing section of the conditional zoning district section is now consistent,with respect to the uses listed only, as those allowed throughout the UDO. Orange County, North Carolina-Unified Development Ordinance Page 5-36 Article 5: Uses 49 Section 5.2:Table of Permitted Uses TABLE OF . USES—CONDITIONAL Z PERMITTED USE CONDITIONAL ZONING USE TYPE - • 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 adopted Comprehensive Plan. 311 Foud Manufacrurmy tree iisuny ueiuw/ • 3111 Animal Food Manufacturing • 3112 Grain and Oilseed Milling • 3113 Sugar and Confectionery Product Manufacturing • 3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing • 3115 Dairy Product Manufacturing • 3116 Animal Slaughtering and Processing • 3117 Seafood Product Preparation and Packaging • 3118 Bakeries and Tortilla Manufacturing • 3119 Other Food Manufacturing 312 Beverage and Tobacco Product Manufacturing (see listing below • 3121 Beverage Manufacturing • 3122 Tobacco Manufacturing 313 Textile Mills 314 Textile Product Mills 315 Apparel Manufacturing 316 Leather and Allied Product Manufacturing (see listing below • 3161 Leather and Hide Tanning and Finishing • 3162 Footwear Manufacturing • 3169 Other Leather and Allied Product Manufacturing 321 Wood Product Manufacturing (see listing below) • 3211 Sawmills and Wood Preservation • 3212 Veneer, Plywood, and Engineered Wood Product Manufacturing • 3219 Other Wood Product Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-37 Article 5: Uses 50 Section 5.2:Table of Permitted Uses TABLE OF . USES—CONDITIONAL Z PERMITTED USE CONDITIONAL USE TYPE 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 Comprehensive Plan. 322 Paper Manufacturing (see listing below) • 3221 Pulp, Paper, and Paperboard Mills • 3222 Converted Paper Product Manufacturing 323 Printing and Related Support Activities 324 Petroleum and Coal Products Manufacturing 325 Chemical Manufacturing (see listing below) • 3251 Basic Chemical Manufacturing • 3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing • 3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing • 3254 Pharmaceutical and Medicine Manufacturing • 3255 Paint, Coating, and Adhesive Manufacturing • 3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing • 3259 Other Chemical Product and Preparation Manufacturing 326 Plastics and Rubber Products Manufacturing (see listing below • 3261 Plastics Product Manufacturing • 3262 Rubber Product Manufacturing (see listing below) 0 32621 Tire Manufacturing 0 32622 Rubber and Plastics Hoses and Belting Manufacturing 0 32629 Other Rubber Product Manufacturing 327 Nonmetallic Mineral Product Manufacturing (see listing below • 3271 Clay Product and Refractory Manufacturing • 3272 Glass and Glass Product Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-38 Article 5: Uses 51 Section 5.2:Table of Permitted Uses TABLE OF . USES—CONDITIONAL Z PERMITTED USE CONDITIONAL USE TYPE 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 Comprehensive Plan. • 3273 Cement and Concrete Product Manufacturing • 3274 Lime and Gypsum Product Manufacturing • 3279 Other Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing 332 Fabricated Metal Product Manufacturing (see listing below) • 3321 Forging and Stamping • 3322 Cutlery and Handtool Manufacturing • 3323 Architectural and Structural Metals Manufacturing • 3324 Boiler, Tank, and Shipping Container Manufacturing • 3325 Hardware Manufacturing • 3326 Spring and Wire Product Manufacturing • 3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturin • 3328 Coating, Engraving, Heat Treating, and Allied Activities • 3329 Other Fabricated Metal Product Manufacturing see listing below 0 33291 Metal Valve Manufacturing 0 33299 All Other Fabricated Metal Product Manufacturing see listing below • 332991 Ball and Roller Bearing Manufacturing ■ 332992 Small Arms Ammunition Manufacturing • 332993 Ammunition (except Small Arms) Manufacturing ■ 332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing ■ 332996 Fabricated Pipe and Pipe Fitting Manufacturing Orange County, North Carolina—Unified Development Ordinance Page 5-39 Article 5: Uses 52 Section 5.2:Table of Permitted Uses TABLE OF . USES—CONDITIONAL Z PERMITTED USE CONDITIONAL USE TYPE 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 Comprehensive Plan. • 332999 All Other Miscellaneous Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment,Appliance,and Component Manufacturing 336 Transportation Equipment Manufacturing (see listing below) • 3361 Motor Vehicle Manufacturing • 3362 Motor Vehicle Body and Trailer Manufacturing • 3363 Motor Vehicle Parts Manufacturing • 3364 Aerospace Product and Parts Manufacturing • 3365 Railroad Rolling Stock Manufacturing • 3366 Ship and Boat Building • 3369 Other Transportation Equipment Manufacturing see listing below 0 336991 Motorcycle, Bicycle, and Parts Manufacturing 0 336992 Military Armored Vehicle, Tank, and Tank Component Manufacturing 0 336999 All Other Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturing 339 Miscellaneous Manufacturing MEDICAL S Health Services: Over 10,000 Sq. Ft. Health Services: Under 10,000 Sq. Ft Hospitals Vet Orange County, North Carolina—Unified Development Ordinance Page 5-40 Article 5: Uses 53 Section 5.5: Standards for Residential Uses (e) A temporary custodial care unit shall be required to connect to wate , wastewater, and electric utilities serving the principal structure or e property. (f) The Orange County Health Department, or the agency t provides s: itary sewer and water services, shall approve wat= and wastewater disp. al facilities. (g) All appli .le state and local approvals and p- mits shall be procured including, b not limited to, a zoning comp 'ance permit, building permits, and h- department approv . (h) Approval of the app ation shall n. exceed one year. Annual renewal shall require a new ap• . ation d recertification from a licensed physician stating the nece- of direct care. (i) Any approved tempora custodial care unit shall be removed no later than 180 days after e time the tally or physically impaired person(s) is no I. ger receiving care . is in need of assistance. If the structure is n- -ded for a different impair. person, the temporary custodial e unit may continue to be use., ubject to the requirements of this • dinance. (j) T - caregiver shall allow inspections of the proper ■ .y the County at mes convenient to the caregiver, during reasonable h. rs, and upon prior notice for compliance purposes. A permit for a temporary custodial care unit may be revoked b' he Planning Director due to failure of the applicant to comply with an, of the above provisions. 5.5.10 Multi-Family4° (A) Standards for EDH-3 and EDH-4 Zoning Districts (1) Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in accordance with the following standards: (a) The multi family use is part of an overall site plan that includes at least one other permitted Principal Use. (i) The other permitted Principal Use(s) must be established prior to, or concurrent with, the multi family use(s). (b) The square footage of the ctructuro(s), or portion of structuroc, te-lao utilized for multi family dwellings does not exceed 25% of the tota4 square footage of all structures included on the overall site plan. (c) The square footage of the ctructuro(s), or portion of ctructuroc, to bo utilized for uses that are subject to square footage roctrictionc in tho pertinent zoning district(s), as detailed in Article 5 of this Ordinance, does. not exceed 50% of the total square footage of all structures included on the overall site plan. (a) The site plan must identify the square footage of each building by type of use. (b) A permitted Principal Use must be established on at least 50% of the total square footage of structures on the site. 4°These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough EDD while ensuring the scope of the overall project is not predominantly multi-family residential. Projects that contain a greater percentage of multi-family residential could still be permitted through the MPD-CZ or CUD process. Orange County, North Carolina—Unified Development Ordinance Page 5-64 Article 5: Uses 54 Section 5.6: Standards for Commercial Uses (c) Multi-family dwellings shall not exceed 25% of the total square footage of all structures on the site.'' SECTION 5.6: STANDARDS FOR COMMERCIAL USES 5.6. Nightclubs, Bars and Pubs ) General Standards for Evaluation (1) Buildings for nightclubs, bars and pubs shall not be located within 200 -et of a residence. 5.6.2 Massag :usiness (A) Gen=ral Standards for Evaluation (1) ust comply with the Ordinance for the Control of Massa.- and Massage tablishments (2) The ubmittal of construction plans for all existing an proposed buildings housino the massage business. The construction 6 ans shall include floor plans and cros sections showing the proposed use of:11 portions of such buildings. (3) For existing •uildings, certification by the Ora►ge County Building Inspector that the structure( complies with the North Ca .ling Building Code and all related construction co.-s. 5.6.3 Garden Center (A) General Standards for Evalua on (1) Outdoor display and stora.- o goods will be permitted. (2) Outdoor storage of bulk go.:- shall be located to the rear or side of the primary building and screened on ree ''des by an eight foot high opaque wall or fence. (3) Outdoor storage for b goods sh. be limited to 1,500 square feet per acre of the zoning lot. 5.6.4 Junkyards (A) Standards for Clas A Special Use Permit (1) Submitt. -equirements— In add. on to the information required by Section 2. , the following information shal se supplied as part of the application for appro :1 of this use: (. Detailed plans and specifications for the site scr:ening proposed. (b) Description of type and number of motorized mach les to be employed upon site. (c) Indicate on the site plan the extent of area to be used fo he storage of junked or wrecked motor vehicles (2) Standards for Evaluation - (a) The site shall be screened from adjacent property by a minimum if an eight foot high solid fence or equal, uninterrupted except for requir-. vehicle access points. 41 Attorney's office staff has suggested the replacement language in (a), (b),and (c). It accomplishes the same intent as the previously proposed language. Orange County, North Carolina—Unified Development Ordinance Page 5-65 Article 5: Uses 55 Section 5.6: Standards for Commercial Uses (a) The amount of water anticipated to be used on a daily, weekly, mont► y, and annual basis by regulated uses located on the parcel (e.g., w. er usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal consi►-red to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity oft proposed use are expected to be affected by withdrawals made by tr- proposed use. 5.6.15 Sexually Orient- Businesses (A) Submittal Requirements (1) In additio to the site plan submittal criteria .' ailed within Section 2.5 of this Ordinance t' - applicant shall submit proo . license has been issued allowing for the operation o . sexually oriented bu ess in accordance with Chapter 8 of the Orange County C.re of Ordinances (B) Standards of Evaluation (1) Sexually oriented busines shall not be located in any building, or portion thereof, that is: (a) Within 1,000 fret of an e ting sexually oriented business. (b) Within 1,0I feet of a: (i) Residential land use incl •ing any open space established as part of the residential subdi ion approval process, Church and/or place of worship, (iii) School (public, private, or specialty), (iv) Public or private library, (v) State licensed child care facility, or (vi) Public park or recreational facility. (c) Measurement shall be made in a straight line, without regard . the intervening structures or objects, from the nearest portion of the •uilding or structure used as the part of the premises where a sexually orie' ed business is conducted to the nearest portion of a building, structure, . open space area of a use listed above. 5.6.16 Retail Trade(Sectors 44, 45; excluding cubcector 45442 of the North American Industry Classification System [NAICS])43 (A) Standards for EDH-4 and EDH-5 Zoning Districts (1) Retail Trade uses are permitted in the EDH-4 and EDH-5 zoning districts only in accordance with the following standards: (a) The retail trade use(s) is part of an overall site plan that includes at least one other permitted Principal Use. (i) The other permitted Principal Use(s) must be established prior 42 The version of the amendments the Planning Board reviewed included this language but did not include standard (2). The language was revised based on comments made by the Attorney's office;the intent of the language is unchanged. 43 These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough EDD while ensuring the scope of the overall project is not predominantly retail trade. Projects that contain a greater percentage of retail trade could still be permitted through the MPD-CZ or CUD process. Orange County, North Carolina—Unified Development Ordinance Page 5-79 Article 5: Uses 56 Section 5.6: Standards for Commercial Uses to, or concurrent with, the retail trade use(s). (b) The square footage of structures(s), or portion of structures, to be utilized for retail trade use(s) does not exceed 25% of the total square footage of all structures included on the overall site plan. (c) The square footage of structures(s), or portion of structures, to be utilized for uses that are subject to square footage restrictions in the pertinent zoning district(s), as detailed in Article 5 of this Ordinance, does not •o overall site plan. (a) The site plan must identify the square footage of each building by type of use. (b) A permitted Principal Use must be established on at least 50% of the total square footage of structures on the site. (c) Retail Trade uses shall not exceed 25% of the total square footage of all structures on the site.44 (2) Uses that are classified as Subsector 454 of the North American Industry Classification System [NAICS]) are prohibited in the EDH-4 and EDH-5 zoning districts. 5.6.17 Accommodation and Food Service(Sector 72 of the North American Industry Classification System [NAICS]) (A) Standards for EDH-2 and EDH-4 Zoning Districts45 (1) Eating and drinking establishments Food Services and Drinking Places46 (subsector 722 of the NAICS) are not permitted within these zoning districts (B) Standards for EDH-5 Zoning District47 (1) Accommodation and Food Service uses are permitted in the EDH-5 zoning districts only in accordance with the following standards: (a) The accommodation and food sorvico uso(s) is part of an ovorall sito plan that includes at least one other permitted Principal Use. (i) The other permitted Principal Use(s) must be established prior to, or concurrent with, the accommodation and food servico use(s). (b) The square footage of the structuro(s), or portion of structuroc, to bo utilized for accommodation and food service use(s) does not exce d 44 Attorney's office staff has suggested the replacement language in (a), (b),and (c). It accomplishes the same intent as the previously proposed language. 45 This restriction currently exists within the Table of Permitted Uses(Section 5.2.2). Staff has determined that the use-specific standards section is a more appropriate place for the standard.Subsequent to the Planning Board's August 3rd recommendation,the Attorney's office suggested deletion of this language regarding accessory uses because, by definition,accessory uses are allowed in all zoning classifications, provided the permitted Principal Use can demonstrate that a proposed accessory use meets the definition of accessory use in Article 10.This revised standard would continue to prohibit stand-alone food service and drinking places but would allow such uses as accessory uses to principal uses for which a food service and drinking place is a customary and ancillary use. 46 Language updated to use exact term in the NAICS listing. 47 These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough EDD while ensuring the scope of the overall project is not predominantly hotels and restaurants. Projects that contain a greater percentage of accommodation and food service uses could still be permitted through the MPD- CZ or CUD process. Orange County, North Carolina—Unified Development Ordinance Page 5-80 Article 5: Uses 57 Section 5.7: Standards for Recreational Uses 25%of the total square footage of all structures included on the overall site plan. (c) The square footage of the structuros(s), or portion of structuroc, to bo utilized for uses that are subject to square footage rostrictionc in tho pertinent zoning district(s), as detailed in Article 5 of this Ordinance, does. not exceed 50% of the total square footage of all structures included on the overall site plan. (a) The site plan must identify the square footage of each building by type of use. (b) A permitted Principal Use must be established on at least 50% of the total square footage of structures on the site. (c) Accommodation and Food Service uses shall not exceed 25% of the total square footage of all structures on the site.48 SECTION 5.7• STANDARDS FOR RECREATIONAL USES 5.7.1 Recreational Uses as Accessory Uses (i Residential Land Uses In addition to the requirements contained within this Ordinance, recreation-1 uses •:veloped as an accessory use to a residence shall abide by the folio •ng: (1) General Standards Accessory recreational uses shall not be ope o the public or serve as a recreation amenity for other lots. (b) A menities, equipment, and/or facilities tended for spectators such as bl--chers or public address system shall not be permitted. (c) Outdoo sports field lighting, as .etailed within Section 6.11, shall be prohibite• (2) Specific Standards (a) Motor Cross and o art Tracks (i) All trac : an• or paths shall be located a minimum of 100 feet from property e. (ii) A rack or path shal got cross over active septic fields. (iii) A Type B Land Use Bu :r, as detailed in Section 6.8, shall be required around the portio of the property where the track is located. (B) Non-reside' ial Land Uses In addi '.n to the requirements contained within this Ordinanc- recreational uses dev- aped as an accessory use to a non-residential land use sh- abide by the following: Uses shall not constitute Recreational Facilities. 5.7.2 Re• eational Facilities (A) General Standards of Evaluation (1) The standards included herein shall be applied to recreational facilities as . principal use of property. 48 Attorney's office staff has suggested the replacement language in (a), (b),and (c). It accomplishes the same intent as the previously proposed language. Orange County, North Carolina—Unified Development Ordinance Page 5-81 Article 6: Development Standards 58 Part of Section 6.7.5 - Specific Section 6.7:Additional Standards for MPD-CZD Standards for Hillsborough EDD (C) Development Standards (1) Dimensional Requirements (a) There are no minimum lot sizes within the MPD-CZ district; However, the Master Plan will set forth the individual lot setbacks in accordance with the General Dimensional Requirements established herein. -Mh_TABLE 6.7. . : PECIFIC TANDARDS FOR HILLSBOROUGH EDD MINIMUM ZONING MINIMUM SETBACKS LOT MAXIMUM MAXIMUM ZONING SIDE IMPERVIOUS HEIGHT DISTRICT AREA WIDTH FRONT REAR SURFACE ONE (ACRE) (FEET) (FEET) (FEET) SIDE COMBINED STREET COVER(%) (FEET) (FEET) (FEET) (FEET) MPD-CZ - 200 60 40 20 40 40 50 60 (b) Single-family and duplex residential uses following the flexible development guidelines established in Section 7.13 of this Ordinance, may reduce the minimum setbacks by 50% and the lot width by 60%. (2) Internal Access (a) All outparcels within the MPD-CZ district shall have internal access to the development. (b) All parcels shall provide for interconnectivity between parking areas if determined necessary by staff. (3) No drive through facilities may be constructed in this district. (4) Consideration of lower cost and affordable housing shall be incorporated into any mixed use development. (5) A justification for any deviation to development standards must state a public benefit or purpose. (D) Plan Approvals (1) If a MPD-CZ rezoning application is approved with a Master Plan, the approval does not obviate the need to obtain a Class A Special Use Permit or site plan approval for the individual "pods"/lots shown on the Master Plan in accordance with the provisions of this Ordinance. (2) Tracts over 2.0 acres and/or structure(s) totaling cumulatively over 20,000 square feet on one zoning lot require a Class A Special Use Permit approved in accordance with the provisions of this Ordinance. Otherwise, the site plan may be approved in accordance with Section 2.5 of this Ordinance. A Class A Special Use Permit shall be required if any nonresidential use is located within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit.49 49 In order to promote economic development opportunities in the Hillsborough EDD,Staff is suggesting deletion of language that requires a Class A Special Use Permit for projects above a certain size. However, in keeping with how the EDH general use zoning districts operate,staff is suggesting that a MPD-CZ project within the Hillsborough EDD be required to obtain a Class A Special Use Permit if any nonresidential use located within 200-feet of existing dwellings on smaller sized lots. Orange County, North Carolina—Unified Development Ordinance Page 6-42 Attachment 4 59 Ordinance#:ORD-2016-029 AN ORDINANCE AMENDING THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to modify some development standards, types of permitted uses, and use standards within the Hillsborough Economic Development District (EDD) in order to better promote the Hillsborough EDD to economic development prospects, and WHEREAS, the proposal has been found to be consistent with the 2030 Orange County Comprehensive Plan, and WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete, and WHEREAS, the Orange County Planning Board has recommended approval of the proposed text amendments, 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 Orange County Unified Development Ordinance 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 upon its adoption. Upon motion of Commissioner , seconded by Commissioner , the foregoing 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 foregoing 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 to the Board of Commissioners 1 60 Amendment Package to Revise Regulations Pertaining to the Hillsborough Economic Development District Notes The pages that follow contain amendments to the Unified Development Ordinance (UDO) text to revise various regulations that pertain to the Hillsborough Economic Development District (EDD). The modifications are being proposed in order to aid the County in better promoting economic development opportunities within the Hillsborough EDD. The following color coding is used in this amendment package: Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO. Red Strikethrough Text: Denotes existing text that staff is proposing be deleted from the UDO. *: Denotes an existing asterisk in Section 5.2, Table of Permitted Uses, that staff is suggesting be deleted. Yellow Highlighted Text: Denotes revisions made after the August 3rd Planning Board meeting. Green Highlighting: Denotes changes in automatic alpha or numeric lists that are difficult to indicate in the text due to the "Styling" properties of the master Microsoft Word document. Green text/strikethrough: Denotes revisions made in response to comments received at the September 12, 2016 quarterly public hearing. Blue text/st-ik gl : Denotes revisions made subsequent to the November 1, 2016 BOCC meeting. Note that amendments to the Table of Permitted Uses (Section 5.2) and some use-specific standards (Sections 5.5 and 5.6) were included in previous draft amendment packages. Most of the amendments to the Table of Permitted Uses have been removed from the current proposal and, in the interest of simplicity and length, are not shown as "deleted additions" in this amendment package. In other words, only revisions to currently adopted text are included in the following pages. Some of the proposed changes utilize footnotes to provide a brief explanation as to rationale. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://orangecountync.gov/planning/Ordinances.asp Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment. Text with a large "X" is not proposed for deletion; proposed deletions are shown in strikethrough text. Article 3: Base Zoning Districts 61 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS E L H Lot size, min., (square ECONOMIC DEVELOPMENT feet) 20,•40 HILLSBOROUGH LINEAR OFFICE Lot Width, min. (feet) 100 PURPOSE The purpose of the Economic D elopment Hillsborough Linear Office(EDH-1) District is to provid: locations for low to moderately intense medical, professional, admin. trative and government office on small to mid-sized sites in the desi..ated Hillsborough Economic Development District. The district is intended to be located on the .-riphery of established Front S back from ROW, residential areas and along major and minor th'roughfares. The min. -et) 50 district is established to provide convenient locat ins for offices, the size and operating characteristics of which require ited parking and which generate little traffic. Standards are designed so that this district may serve as . transitional land use between residential districts and high- mor= intense land uses. APPLICABILITY This district will usually be applied where the followin• conditions .de Setback, min. (feet) 15[1] exist: Cor -r Setback, min. 1. This district will be applied in the Hillsborou. Economic (feet) 40 [1] [2] Development District. Rear Setb. k, min. (feet) 50 [1] 2. This district shall only be applied whe • water and sewer are available at the site or are to be made . ailable to the site as part of the development approval process. Height, max. (fe:t) 30 [3] R-CU[4] 45 Floor Area Ratio, max. NR DIMENSIONAL STANDARD' NOTES: NR-CU .50 [1] Required side and rear --tbacks adjacent to residentially zoned land shall be equal to the equired side or rear setback of the Required Open Space 55 adjacent residential dis ict. Ratio, min. [2]Any corner lot have g an abutting interior lot on its side street Required Livability Space shall observe a fro yard setback from both streets provided, R-. U .55 however, that thi- requirement does not reduce the width suitable for Ratio, min. a building on s. d lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max. n e [3]Two fe- of additional height shall be allowed for one foot (square feet) increase .f the required front and side setbacks. Required [4] R- residential, NR= non-residential, CU =conditional use Pedestrian/Landscape NR Ratio, min. NR CU Orange County, North Carolina-Unified Development Ordinance Page 3-52 Article 3: Base Zoning Districts 62 Section 3.7: Economic Development Districts EDH-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-1 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. No drive through facilities may be constructed in this district.' 8. A justification for any deviation to development standards must state a public benefit or purpose. 9. Structures in this district shall not exceed 5,000 square feet in gross floor area. 10. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m., a Class A Special Use Permit shall be required. 11. When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District, the perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with Section 6.8.12 shall be installed. 12. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 13. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 14. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 15. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 1 The prohibition of drive-through facilities in the Hillsborough EDD was discussed by BOCC members at the quarterly public hearing. As a result of the discussions,the prohibition is being proposed for deletion. Deletion of this standard will cause the automatic renumbering of remaining standards(e.g.,existing#8 will become#7,and so on). Orange County, North Carolina—Unified Development Ordinance Page 3-53 Article 3: Base Zoning Districts 63 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS E D H -2 Lot size, min./max., (acrcc ECONOMIC DEVELOPMENT square feet)) 2/530,0002 HILLSBOROUGH LIMITED OFFICE Lot Width, min. (feet) 200 PURPOSE The purpose of the Economic Development Hillsborough Limited Office(EDH-2) District is to provide locations for low intensity office Front Setback,from ROW, 50 uses and supporting services in the designated Hillsborough min. (feet) Economic Development District. The district may contain limited commercial uses within employment centers or where vehicular access is provided internally to the development. APPLICABILITY Side Setback, min. (feet) 20[1] This district will usually be applied where the following conditions exist: Corner Setback, min. 50 [1] [2] (feet) 1. This district will be applied in the Hillsborough Economic Development District. 2. This district shall only be applied where water and sewer are Rear Setback, min. (feet) 40[1] available at the site or are to be made available to the site as part of the development approval process. Height, max. (feet) 60 [3] R-CU [4] 45 Floor Area Ratio, max. NR DIMENSIONAL STANDARDS NOTES: NR-CU .50 [1] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Open Space 55 adjacent residential district. Ratio, min. [2]Any corner lot having an abutting interior lot on its side street Required Livability Space shall observe a front yard setback from both streets provided, Ratio, min. R-CU .50 however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max none [3]Two feet of additional height shall be allowed for one foot square feet increase of the required front and side setbacks. Required NR [4] R= residential, NR=non-residential, CU =conditional use Pedestrian/Landscape NR CU 05 Ratio, min. EDH-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-2 District in Section 5.2, unless a Conditional Use CU or 2 In order to promote economic development opportunities, Staff is suggesting removing the 5 acre maximum lot size and lowering the minimum lot size to 30,000 square feet(0.69 acres). A 2-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. Orange County, North Carolina—Unified Development Ordinance Page 3-54 Article 3: Base Zoning Districts 64 Section 3.7: Economic Development Districts MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved through a Special Use Permit, Class A process regardless of use. 8. All zoning lots greater than 2.0 acres shall only bc approved through a Spccial Use Permit, CI=A proccs& regardless of use.3 9. Any nonresidential use within two hundred feet of a residential subdivision a lot smaller than 2 acres in size with an existing dwelling unit shall require a Special Use Permit, Class A.4 10. Direct driveway access to an arterial or major collector shall be prohibited. A frontage or service road shall bc dedicated and constructed to provide access along all arterials or major collectors. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no-rise certification from the NC Department of Public Safety National Flood Insurance Program of, b)be located on a slope greater than 15%, or c) disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.5 No drive through facilities may be constructed in this district.6 A justification for any deviation to development standards must state a public benefit or purpose. 13. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 14. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 15. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 16. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. s In order to promote economic development opportunities, Staff is suggesting deletion of standards 7 and 8 which require a Class A Special Use Permit for projects above a certain size. Staff notes that standard#9 is suggested to remain in place;this standard requires a Class A Special Use Permit for any nonresidential use located within 200- feet of an existing residential use on a smaller lot size. Typically,SUPs are used to require that a specific type of use(e.g., utility substations or wireless communication towers) be required to prove, in a quasi-judicial setting, that the use will meet the standards found in Section 5.3.2 of the UDO. It is unusual to require any use that reaches a certain size or that is located on a lot smaller or larger than a certain size be required to obtain a SUP. It should be noted the deletion of standards 7 and 8 will cause the automatic renumbering of the remainder of the list below 8(e.g., existing#9 will become#7 if 7 and 8 are deleted,and so on). 4 The Attorney's office has advised that the term "residential subdivision" is vague and should be revised to a more definitive standard, particularly since the idea in#9 is proposed to be applied to EDH-3. The lot size suggested (2 acres or smaller) is being suggested because the vast majority of existing residential uses near EDH zoning boundaries are located on lots smaller than 2 acres in size. It should also be noted that Section 6.8.12(C) requires additional landscaped buffers at the perimeter of the EDDs and adjacent to interstates and certain roadways. 5 Staff is suggesting revised language because existing language provides no by-right flexibility to the requirement for frontage(or backage) roads in cases where site features might warrant flexibility in the requirement. The terms limited access street and marginal access street are existing terms and definitions in the UDO. Additionally, staff will bring an Amendment Outline Form to the BOCC after the summer break to receive authorization to develop an Access Management Plan for Hillsborough EDD. Section 2.5.3(V)of the UDO requires that site plan be in compliance with adopted access management plans; having an adopted access management plan will allow staff to require that parcels reserve access easements for future connectivity. 6 Deletion of this standard will cause the automatic renumbering of standards currently below it. Orange County, North Carolina—Unified Development Ordinance Page 3-55 Article 3: Base Zoning Districts 65 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS EDH-3 ECONOMIC DEVELOPMENT Lot size, min./max., 2/5 [111$ (acres) HILLSBOROUGH OFFIC Lot Width, min. (feet) 200 PURPOSE The purpose of the Economic Development Hillsborough Limited Office with Residential(EDH-3)District is to provide locations for low Front Setback,from 50 to moderate intensity office uses and supporting services in the ROW, min. (feet) designated Hillsborough Economic Development District. The district may contain low to moderate density multi-family residential uses(4--6 6-12 units per acre)9. APPLICABILITY Side Setback, min. (feet) 20 [2] This district will usually be applied where the following conditions exist: Corner Setback, min. 50 [2] [3] (feet) 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback, min. (feet) 40 [2] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. EXCEPTION: Singlc family lots R[4] 35 [5] [6] located south of 110 may use ground absorption septic systems on Height, max. (feet) minimum size lots of 10,000 square fcct providcd at I act 33%of the NR 60[5] R-CU[4] DIMENSIONAL STANDARDS NOTES:10 Floor Area Ratio, max. NR .60 [1] Resultant single family lot sizes shall be a minimum of 7,500 NR CU 55.6512 square feet and a maximum of 11,000 square feet if connected to public sewer. [2] Required side and rear setbacks adjacent to residentially zoned Required Open Space 50 land shall be equal to the required side or rear setback of the Ratio, min. Staff is suggesting a change in the name of this district,as indicated. As proposed revisions in Section 5.2 show, staff is recommending that single-family and two-family dwellings be removed as permitted uses in this district. As such, references on this page to these types of residential uses are being shown for deletion. 8 In order to promote economic development opportunities, Staff is suggesting removing the 5 acre maximum lot size and lowering the minimum lot size to 1 acre. A 2-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. 9 This is the existing density stipulated in Section 5.2 for multi-family residential in the Hillsborough EDD. Staff is recommending that single-family and duplex residential uses be removed as a permitted use in this district and that multi-family uses would be permitted only as a small component of a multi-use development(see proposed Section 5.5.10) 10 Removal of[1]will cause subsequent renumbering and updates to the relevant note number in the table to the right. Orange County, North Carolina—Unified Development Ordinance Page 3-56 Article 3: Base Zoning Districts 66 Section 3.7: Economic Development Districts adjacent residential district. [3]Any corner lot having an abutting interior lot on its side street Required Livability Space R-CU 45 shall observe a front yard setback from both streets provided, Ratio, min. however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). min./max. none [4] R= Residential uses; NR= Non-residential uses. (square feet) [5]Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [6] Multi-family structures shall be limited to a twe-three-story Required maximum." Pedestrian/Landscape NR .05 Ratio, min. NR CU EDH-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-3 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. Parcels existing as of April 17,2001 containing cumulatively more than 2 acres shall only be developed through a MPD CZ proces€or after obtaining a Special Use Permit, Class A approval. 13 4. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 5. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 6. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density(i.e., the number of individual dwellings that can be developed on a parcel of property). 8. Single family uses shall adhere to the requirements for Flexible Development Subdivisions in Section 7.13.14 Duplex and multi family uses shall be connected to a public water and public sewer system.15 10. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved through a Special Use Permit, Class A process regardlese of use. All zoning lots greater than 2.0 acres shall only be approved through a Special Usc Permit, Clac A proccsc regardless of use.Any nonresidential use within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size shall require a Special Use Permit, Class A.16 12 Staff is suggesting increases in Floor Area Ratios(FAR) in this district. The suggested ratios are in keeping with the FAR allowed within the higher-intensity districts that can be applied to lands within the Commercial-Industrial Transition Activity Nodes(CITAN) 11 Staff is suggesting that multi-family structures be allowed to be three stories tall rather than two. Three stories has become fairly typical in the region for this type of residential product. 13 Staff is suggesting removal of this standard in order to better promote economic development opportunities. It should be noted the deletion of standards 3,8,9,and 10 and insertion of#13 will cause the automatic renumbering of the list(e.g.,existing#4 will become#3,and so on). 14 Because single-family residential uses are being proposed for removal as a permitted use in this zoning district, this standard would be obsolete. 15 All development in this zoning district would be required to be connected to public water and sewer(see#2 in Applicability section),so this standard would be obsolete. 16 In order to promote economic development opportunities,Staff is suggesting deletion of standards 10 and 11 which require a Class A Special Use Permit for projects above a certain size. However, in order to promote protection of existing residential subdivisions(which are specifically designated in existing language in EDH-2), Staff is suggesting that the new language in#11 be added. Orange County, North Carolina—Unified Development Ordinance Page 3-57 Article 3: Base Zoning Districts 67 Section 3.7: Economic Development Districts No drive through facilities may be constructed in this district." Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no- rise certification from the NC Department of Public Safety National Flood Insurance Program oc, b)be located on a slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.18 14. A justification for any deviation to development standards must state a public benefit or purpose. 15. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 16. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 17. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 18. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 17 Deletion of this standard will cause the automatic renumbering of standards currently below it. 18 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2,4, and 5 districts. Insertion of this standard causes the automatic renumbering of remaining standards(e.g.,existing #13 became#14,and so on). Orange County, North Carolina—Unified Development Ordinance Page 3-58 Article 3: Base Zoning Districts 68 Section 3.7: Economic Development Districts DIMENSIONAL STANDARDS EDH -4 ECONOMIC DEVELOPMENT Lot size, min., (acres) 4119 HILLSBOROUGH OFFICE Lot Width, min. (feet) 300 200 PURPOSE The purpose of the Economic Development Hillsborough Office/ Retail (EDH-4)District is to provide locations for high intensity office uses and supporting retail and services uses in the designated Front Setback,from ROW, 50 Hillsborough Economic Development District. min. (feet) The district is intended to be located on large areas as part of a cohesive development plan and may contain commercial uses within employment centers. APPLICABILITY Side Setback, min. (feet) 20[1] This district will usually be applied where the following conditions Corner Setback, min. (feet) 50 [1] [2] exist: 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback, min. (feet) 40 [1] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. Height, max. (feet) 60 [3] R-CU[4] .65 DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, max. NR [1] Required side and rear setbacks adjacent to residentially zoned NR-CU .75 land shall be equal to the required side or rear setback of the Required Open Space Ratio, adjacent residential district. .40 min. [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, Required Livability Space however, that this requirement does not reduce the width suitable for Ratio, min. R-CU .45 a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). Gross Land Area, min./max. [3]Two feet of additional height shall be allowed for one foot (square feet) none increase of the required front and side setbacks. Required [4] R= residential, NR=non-residential, CU =conditional use Pedestrian/Landscape NR 05 Ratio, min. NR CU EDH-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-4 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is a.'roved see Section 3.8 . Additionall , non-residential uses are restricted based on the 19 In order to promote economic development opportunities,Staff is suggesting lowering the minimum lot size to 1 acre. A 4-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. Orange County, North Carolina—Unified Development Ordinance Page 3-59 Article 3: Base Zoning Districts 69 Section 3.7: Economic Development Districts Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. All outparcels within this district shall have internal access to the development. 8. No drive through facilities may be constructed in this district.20 Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no- rise certification from the NC Department of Public Safety National Flood Insurance Program op, b)be located on a slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.21 10, Justification for any deviation to development standards must state a public benefit or purpose. 11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 12. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 13. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 14. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 20 Deletion of this standard will cause the automatic renumbering of standards currently below it. 21 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2,3, and 5 districts. Insertion of this standard causes the automatic renumbering of remaining standards(e.g.,existing #9 became#10,and so on). Orange County, North Carolina—Unified Development Ordinance Page 3-60 Article 3: Base Zoning Districts 70 Section 3.7: Economic Development Districts E D H_5 DIMENSIONAL STANDARDS ECONOMIC DEVELOPMENT HILLSBOROUGH Lot size, min., (acres) 4222 Lot Width, min. (feet) 444200 PURPOSE The purpose of the Economic Development Hillsborough Office/Flex Research and Manufacturing (EDH-5) District is to provide locations for a wide range of research, assembling,fabricating and light manufacturing activities, and such ancillary industrial activities as warehousing and distribution in the designated Hillsborough Front Setback,from ROW, Economic Development District. min. (feet) 50 Some commercial services are also permitted accc:cory to industrial development-if they are part of a cohesive development plan that is predominantly comprised of permitted non-residential uses and provided all access is provided internally. The district is established to provide locations for research and industrial development which have little or no im.act on adoinin. .ro.erties. APPLICABILITY Side Setback, min. (feet) 20[1] This district will usually be applied where the following conditions Corner Setback, min. (feet) 50 [1] [2] exist: 1. This district will be applied in the Hillsborough Economic Development District. Rear Setback, min. (feet) 40 [1] 2. This district shall only be applied where water and sewer are available at the site or are to be made available to the site as part of the development approval process. Height, max. (feet) 40 [3] R-CU [4] 65 NR max. DIMENSIONAL STANDARDS NOTES: Floor Area Ratio, NR-CU .75 [1] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the Required Open Space adjacent residential district. Ratio, min. .40 [2]Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, Required Livability Space R CU 45 however, that this requirement does not reduce the width suitable for Ratio, min. a building on said lot to less than 25 feet. (See graphic in Section Gross Land Area, 6.2.7). [3]Two feet of additional height shall be allowed for one foot min./max. none increase of the required front and side setbacks. se uare feet [4] R= residential, NR=non-residential, CU =conditional use Required NR Pedestrian/Landscape .05 NR-CU Ratio, min. 22 In order to promote economic development opportunities,Staff is suggesting lowering the minimum lot size to 2 acres. A 4-acre minimum lot size for projects that must be located on public water and sewer(see#2 under Applicability) is relatively large. Orange County, North Carolina—Unified Development Ordinance Page 3-61 Article 3: Base Zoning Districts 71 Section 3.7: Economic Development Districts EDH-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the EDH-5 District in Section 5.2, unless a Conditional Use(CU)or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5. 2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a Conditional Use District or as a MPD-CZ(see Section 3.8). 3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in Sections 4.2.5 and 4.2.6. 4. For lots outside of a Watershed Protection Overlay District(see Section 4.2), the minimum usable lot area for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at least 40,000 square feet. 5. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 6. Residential uses are not permitted in this district. 7. No drive through facilities may be constructed in this district.23 Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets except where such a driveway and/or street would a)cross a stream and require a no- rise certification from the NC Department of Public Safety National Flood Insurance Program of, b)be located on a slope greater than 15%, or c)disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.24 A justification for any deviation to development standards must state a public benefit or purpose. 10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff. 11. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 12. Proposed subdivisions shall follow the procedures outlined in Section 2.16. 13. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit. 23 Deletion of this standard will cause the automatic renumbering of standards currently below it. 24 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2,3, and 4 districts. Insertion of this standard causes the automatic renumbering of remaining standards(e.g.,existing #8 became#9,and so on). 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E § + E 2 ` E • m % } ± + k k m ® �; C t : < 0 E ` = .- = 0 Cl) !- i # 0 2 CO Ci § 0 = 2 &2 0 = 2 2 0 = E « _ 0 7 % 0 ? e 2 _ _ ° ¥ # ) 5 / k 20 w = o@ = o = c m = o = & _ = 0 2 ; .o _ > /= = / % # _ c _ _ 0 o o z _ o 0 0 ._ = e e o = = 0 o S = a 0 / = § > 22I .g2nE + _ C o \ lf [ ` ( C G ce 3 ^ # o 2 \ E -0 - = s £ = 3 = � = o + § / v ) 0. 2 2 0 5 2 2 = = . 2 13 0 0 § 0 § G E 0 2 S = @ n n b ® 0 II ± 0 . 0 < _ _ W I o = = m = 2 < CO = o = _ § >, 3 s -o o E Q 7 \ /_ § / _1 u> \ \ -- 0C c A ] « 7 o % \ \ / a) < c # z z 2 . • • • • • • z • • . . . 2 < ± ± -= m co 0 Article 5: Uses 75 Section 5.5: Standards for Residential Uses -) A temporary custodial care unit shall be required to connect to w. -r, wastewater, and electric utilities serving the principal structure . the property. (f) T : Orange County Health Department, or the agency at provides sanit. sewer and water services, shall approve w. -r and wastewater disposa .cilities. (g) All applicabl- tate and local approvals and .ermits shall be procured including, but no limited to, a zoning co r'Hance permit, building permits, and health .epartment appro..I. (h) Approval of the applica 'n shall ►.t exceed one year. Annual renewal shall require a new applica . .nd recertification from a licensed physician stating the nece it■ of direct care. (i) Any approved tempor- y custodia are unit shall be removed no later than 180 days afte e time the men : ly or physically impaired person(s) is no nger receiving care or I in need of assistance. If the structure is -eded for a different impaired .-rson, the temporary custodial '.re unit may continue to be used, s sect to the requirements of this ordinance. (j) Tr- caregiver shall allow inspections of the property b, the County at Imes convenient to the caregiver, during reasonable hou and upon prior notice for compliance purposes. A permit for a temporary custodial care unit may be revoked by t - Planning Director due to failure of the applicant to comply with any . the above provisions. 5.5.10 Multi-Family3o (A) Standards for EDH-3 and EDH-4 Zoning Districts (1) Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in accordance with the following standards: (a) The multi family use is part of an overall site plan that includes at least one other permitted Principal Use. (i) The other permitted Principal Use(s) must be established prior to, or concurrent with, the multi family use(s). (b) The square footage of the ctructuro(s), or portion of structuroc, te-lao utilized for multi family dwellings does not exceed 25% of the tota4 square footage of all structures included on the overall site plan. (c) The square footage of the ctructuro(s), or portion of ctructuroc, to bo utilized for uses that are subject to square footage roctrictionc in tho pertinent zoning district(s), as detailed in Article 5 of this Ordinance, does. not exceed 50% of the total square footage of all structures included on the overall site plan. (a) The site plan must identify the square footage of each building by type of use. (b) A permitted Principal Use must be established on at least 50% of the total square footage of structures on the site. 3o These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough EDD while ensuring the scope of the overall project is not predominantly multi-family residential. Projects that contain a greater percentage of multi-family residential could still be permitted through the MPD-CZ or CUD process. Orange County, North Carolina—Unified Development Ordinance Page 5-62 Article 5: Uses 76 Section 5.6: Standards for Commercial Uses (c) Multi-family dwellings shall not exceed 25% of the total square footage of all structures on the site. SECTION 5.6: STANDARDS FOR COMMERCIAL USES 5.• 1 Nightclubs, Bars and Pubs (A) General Standards for Evaluation (1) Buildings for nightclubs, bars and pubs shall not be located within 2" feet of a residence. 5.6.2 Massa.a Business (A) G- eral Standards for Evaluation (1) Must comply with the Ordinance for the Control of Mass.se and Massage stablishments (2) T - submittal of construction plans for all existing a,d proposed buildings hou g the massage business. The constructio slans shall include floor plans and cress sections showing the proposed use o all portions of such buildings. (3) For existi 's buildings, certification by the Or. ge County Building Inspector that the structur:(s) complies with the North Ca'.lina Building Code and all related construction ides. 5.6.3 Garden Center (A) General Standards for Eva . ation (1) Outdoor display and sto .ge of oods will be permitted. (2) Outdoor storage of bulk goo• shall be located to the rear or side of the primary building and screened on t-r_e sides by an eight foot high opaque wall or fence. (3) Outdoor storage for bul goods all be limited to 1,500 square feet per acre of the zoning lot. 5.6.4 Junkyards (A) Standards for Class A pecial Use Permit (1) Submittal - -quirements— In additio' to the information required by Sectio' 2.7, the following information shall b- supplied as part of the application for ap. oval of this use: (a) Detailed plans and specifications for the site .creening proposed. (. Description of type and number of motorized m: hines to be employed upon site. (c) Indicate on the site plan the extent of area to be use• for the storage of junked or wrecked motor vehicles ?) Standards for Evaluation - (a) The site shall be screened from adjacent property by a mini m of an eight foot high solid fence or equal, uninterrupted except for re.uired vehicle access points. (b) No materials shall be stored closer than 50 feet to the public right o ay or 30 feet to the property lines. (c) Site is of adequate size to protect adjacent properties from adverse effects of the junkyard. Orange County, North Carolina—Unified Development Ordinance Page 5-63 Part of Section 6.7.5 - Specific Article 6: Development Standards 77 Section 6.7:Additional Standards for MPD-CZD Standards for Hillsborough EDD (C) Development Standards (1) Dimensional Requirements (a) There are no minimum lot sizes within the MPD-CZ district; However, the Master Plan will set forth the individual lot setbacks in accordance with the General Dimensional Requirements established herein. -Mh_TABLE 6.7. . : PECIFIC TANDARDS FOR HILLSBOROUGH EDD MINIMUM ZONING MINIMUM SETBACKS LOT MAXIMUM MAXIMUM ZONING SIDE IMPERVIOUS HEIGHT DISTRICT AREA WIDTH FRONT REAR SURFACE ONE (ACRE) (FEET) (FEET) (FEET) SIDE COMBINED STREET COVER(%) (FEET) (FEET) (FEET) (FEET) MPD-CZ - 200 60 40 20 40 40 50 60 (b) Single-family and duplex residential uses following the flexible development guidelines established in Section 7.13 of this Ordinance, may reduce the minimum setbacks by 50% and the lot width by 60%. (2) Internal Access (a) All outparcels within the MPD-CZ district shall have internal access to the development. (b) All parcels shall provide for interconnectivity between parking areas if determined necessary by staff. (3) No drive through facilities may be constructed in this district. (4) Consideration of lower cost and affordable housing shall be incorporated into any mixed use development. (5) A justification for any deviation to development standards must state a public benefit or purpose. (D) Plan Approvals (1) If a MPD-CZ rezoning application is approved with a Master Plan, the approval does not obviate the need to obtain a Class A Special Use Permit or site plan approval for the individual "pods"/lots shown on the Master Plan in accordance with the provisions of this Ordinance. (2) Tracts over 2.0 acres and/or structure(s) totaling cumulatively over 20,000 square feet on one zoning lot require a Class A Special Use Permit approved in accordance with the provisions of this Ordinance. Otherwise, the site plan may be approved in accordance with Section 2.5 of this Ordinance. A Class A Special Use Permit shall be required if any nonresidential use is located within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size. See Section 5.3.2(C)for standards for uses requiring a Class A Special Use Permit.31 31 In order to promote economic development opportunities in the Hillsborough EDD,Staff is suggesting deletion of language that requires a Class A Special Use Permit for projects above a certain size. However, in keeping with how the EDH general use zoning districts operate,staff is suggesting that a MPD-CZ project within the Hillsborough EDD be required to obtain a Class A Special Use Permit if any nonresidential use located within 200-feet of existing dwellings on smaller sized lots. Orange County, North Carolina—Unified Development Ordinance Page 6-42 78 Attachment 5 Hillsborough EDD Zoning Districts — Incorporation of Use Types into 2017 Reorganization of Tables of Permitted Uses NAICS Sector Number How to Incorporate into Reorganization of Tables of Permitted Uses for Hillsborough EDD Zoning Districts 23 - Construction All are currently allowed in EDH-5, if wholly within a building. Leave as is. 31 — 33 Manufacturing Add all to EDH-5 district, except the following types which are to be prohibited in the EDH districts: • 3116 (and subsectors)—Animal Slaughtering and Processing • 3117 — Seafood Product Preparation and Packaging • 3161 — Leather and Hide Tanning and Finishing • 3211 (and subsectors) —Sawmills and Wood Preservation • 3212 (and subsectors) —Veneer, Plywood, and Engineered Wood Product Manufacturing • 3221 (and subsectors) — Pulp, Paper, and Paperboard Mills • 324 (and subsectors) — Petroleum and Coal Products Manufacturing • 3251 (and subsectors) — Basic Chemical Manufacturing • 3252 (and subsectors) — Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing • 3253 (and subsectors) — Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing • 3255 (and subsectors) — Paint, Coating, and Adhesive Manufacturing • 3259 (and subsectors) — Other Chemical Product and Preparation Manufacturing • 32621 (and subsectors) —Tire Manufacturing • 3273 (and subsectors) — Cement and Concrete Product Manufacturing • 3274 (and subsectors) — Lime and Gypsum Product Manufacturing) • 331 (and subsectors) — Primary Metal Manufacturing • 3321 (and subsectors) — Forging and Stamping • 332992 — Small Arms Ammunition Manufacturing • 332993 —Ammunition (except Small Arms) Manufacturing • 332994 — Small Arms, Ordnance, and Ordnance Accessories Manufacturing • 33591 (and subsectors) — Battery Manufacturing • 3361 (and subsectors) — Motor Vehicle Manufacturing • 3362 (and subsectors) — Motor Vehicle Body and Trailer Manufacturing • 3365 — Railroad Rolling Stock Manufacturing • 336992 — Military Armored Vehicle, Tank, and Tank Component Manufacturing 79 NAICS Sector Number How to Incorporate into Reorganization of Tables of Permitted Uses for Hillsborough EDD Zoning Districts 42 —Wholesale Trade Add all to EDH-5 district, except the following types which are prohibited in the EDH districts: • 4247 (and subsectors) — Petroleum and Petroleum Products Merchant Wholesalers • 42494 —Tobacco and Tobacco Product Merchant Wholesalers • 42495 — Paint, Varnish, and Supplies Merchant Wholesalers 44 —45 Retail Trade Add all to EDH-4 and EDH-5 but subject to the standard that the uses are part of a mixed use site plan and the retail trade uses do not exceed 25% of the total square footage of all structures on the site. 48 —49 Transportation All are currently allowed in EDH-5. However, in the future, the following and Warehousing should be prohibited in the EDH districts: • 481 (and subsectors) —Air Transportation • 483 (and subsectors) —Water Transportation • 4881 (and subsectors) —Support Activities for Air Transportation • 4883 (and subsectors) — Support Activities for Water Transportation 51 - Information Add all as permitted uses in EDH-5 (all are currently allowed in EDH-4) 52 — Finance and Add all as permitted uses in EDH-3 and EDH-5 (all are currently Insurance allowed in EDH-1, 2, and 4) 53 — Real Estate and Not currently addressed on Table of Permitted Uses, likely due to a Rental and Leasing significant typographical error. Add all use types to all five EDH districts 54 — Professional, All are currently allowed in EDH-1, 2, 3, and 4. Add all as permitted Scientific, and Technical uses in EDH-5. Services 55 — Management of All are currently allowed in EDH-1, 2, 3, and 4. Add all as permitted Companies and uses in EDH-5. Enterprises 56 —Administrative and Uses beginning with 561 are currently allowed in the EDH-1, 2, 3, and 4 Support and Waste districts. Add all uses beginning with 561 to EDH-5. All other Sector 56 Management and uses are to be prohibited from the EDH districts. Remediation Services 61 — Educational None are currently allowed in the EDH districts. Continue the Services prohibition. 62 — Health Care and All are currently allowed in EDH-1, 2, 3, and 4. Add all as permitted Social Assistance uses in EDH-5. 71 —Arts, Entertainment, All are currently allowed in EDH-4. Add all as permitted uses to EDH-5 and Recreation except for the following, which is to be prohibited in both EDH-4 and 5: • 711212 - Racetracks 72 —Accommodation and All are currently allowed in EDH-2 and EDH-4 except that eating and Food Services drinking establishments are permitted only as an accessory use to a hotel, motel, or restaurant. Continue to prohibit eating and drinking establishments (subsector 722) in EDH-2 and EDH-4 as stand-alone principal uses (can continue to be an accessory use). Add all uses as permitted uses in EDH-5 with a use-specific standard that requires that Sector 72 uses in EDH-5 be part of a mixed use site plan for which the Sector 72 uses do not exceed 25% of the total square footage of all structures on the site. 80 NAICS Sector Number How to Incorporate into Reorganization of Tables of Permitted Uses for Hillsborough EDD Zoning Districts 81 — Other Services All are currently allowed in EDH-1, 3, and 4. Add all as permitted uses (except Public in EDH-5. Administration) 92 — Public All are currently allowed in EDH-5. Leave as is. Administration The following Sector Numbers are to be prohibited in the EDH districts: • 11 —Agriculture, Forestry, Fishing and Hunting (to the extent these types of activities can be regulated by zoning) • 21 — Mining, Quarrying, and Oil and Gas Extraction The following Sector Number will likely need to be evaluated for the EDH districts during the reorganization project: • 22 Utilities As a note, the following use types had previously been recommended by staff to be prohibited but have been changed to be permitted as a result of BOCC review/input: • Sector 311 (all subsectors) — Food Manufacturing • 3366 — Ship and Boat Building • 454 (and all subsectors) — Non-store Retailers • 53212 —Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing • 5324 (and all subsectors) — Commercial and Industrial Machinery and Equipment Rental and Leasing