HomeMy WebLinkAboutAgenda - 05-18-1993 - VIII-D 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 18, 1992
Action Agenda
Item #
SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT
ARTICLE 4 .3 - PERMITTED USE TABLE
ARTICLE 6.7.2 - ACCESSORY STRUCTURES IN RESIDENTIAL DISTRICTS
ARTICLE 8 .8.28 - MANUFACTURED BUILDINGS
ARTICLE 22 - DEFINITIONS
DEPARTMENT: PLANNING PUBLIC HEARING Yes x No
ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis
Extension 2583
Proposed Amendment
10/12/92 Planning Staff Memorandum TELEPHONE NUMBERS:
8/24/92 Public Hearing Minutes Hillsborough - 732-8181
10/19/92 Planning Board Minutes Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251
PURPOSE: To consider a proposed Zoning Ordinance amendment to add a
new section addressing manufactured buildings as Class B
Special Uses in the Agricultural Residential (AR) , Rural
Residential (R-1) , and Rural Buffer (RB) zones.
BACKGROUND: The Planning and Inspections Staff has recently been
presented with the issue of whether to allow manufactured
buildings to be used as accessory structures to
residential uses. The Zoning Ordinance does not allow
mobile homes to be used as accessory structures. Whereas
manufactured buildings such as mobile offices are
constructed differently than mobile homes and are not
intended to be used as residential units, these types of
structures differ from mobile homes and would be
appropriate to use as accessory structures.
This amendment would specifically set up manufactured
buildings to be used for accessory purposes as a Class B
Special Use Permit and provide specific standards that
would apply in Agricultural Residential (AR) , Rural
Residential (R-1) , and Rural Buffer (RB) zones. Utility
buildings are currently allowed as accessory uses in
residential districts and would not be affected by this
amendment.
The proposed amendment was presented for public hearing on
August 24 , 1992 . Concerns raised at the public hearing
2
questioned the difference between a mobile home and a
manufactured building. The attached memorandum from the
Planning Staff was prepared to answer these concerns.
The Planning Board discussed the proposed amendment on
October 19, 1992 . In order to clearly distinguish between
mobile homes and mobile structures, it was recommended
that the term "mobile/manufactured structure" be replaced
with "manufactured building" wherever it appears in the
proposed amendment. The intent and effect of the
provision is not changed. However, the term "manufactured
building" is used in the N.C. Building Code. Consistency
in terminology between the Building Code and Zoning
Ordinance was found to adequately clarify the intent of
the amendment.
The proposed amendment was scheduled for action by the
Board of Commissioners on November 2, 1992, but was
tabled. Commissioner Gordon expressed concern that it may
be difficult to distinguish manufactured buildings from
habitable units, particularly if the manufacturer's seal,
which has been removed. Planning Staff will have
photographs of manufactured buildings for review at the
Commissioners meeting. The Planning Staff finds that the
visual differences between a manufactured building and a
mobile home are great enough that the distinction could be
made even in the absence of a manufacturer's seal.
RECOMMENDATION: The Administration recommends approval of the proposed
amendment as recommended by the Planning Board, including
the replacement of "mobile/manufactured structure" with
"manufactured building" wherever it appears in the
proposed text. These changes have already been
incorporated into the proposed amendment.
3
PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: ARTICLE 4 . 3 - PERMITTED USE TABLE
ARTICLE 6. 7 . 2 - ACCESSORY STRUCTURES IN
RESIDENTIAL DISTRICTS
ARTICLE 8 .8. 28 - MANUFACTURED BUILDINGS
ARTICLE 22 - DEFINITIONS
ORIGIN OF AMENDMENT: x Staff Planning Board
BOCC Public
Other:
STAFF PRIORITY RECOMMENDATION: High Middle _x_ Low
Comment:
PUBLIC HEARING DATE: August 24, 1992
PURPOSE OF AMENDMENT:
To add a new section addressing manufactured buildings to the
Zoning Ordinance. Manufactured buildings would be classified as
a Class B Special Use in the Agricultural Residential (AR) , Rural
Residential (R-1) and Rural Buffer (RB) zones.
IMPACTS/ISSUES:
Mobile homes are not allowed as accessory structures in
residential districts, however, recently the Planning and
Inspections Staff has been presented with the issue of whether to
allow manufactured buildings, as opposed to mobile homes, to be
used as accessory structures to residential uses. Manufactured
buildings are constructed differently than mobile homes and are
not intended to be used as residential units. The proposed
amendment would allow manufactured buildings to be used for
accessory purposes in the Agricultural Residential (AR) , Rural
Residential (R-1) , and Rural Buffer (RB) zoning districts upon
approval of a Class B Special Use Permit. Utility buildings are
currently allowed as accessory uses in residential districts and
would not be affected by this amendment.
EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT:
Article 4.3 - Permitted Use Table
(see attached table)
Article 6.7 - Accessory Structures in Residential Districts
Article 6.7.2 - Mobile homes, as accessory structures to
4
residential uses, are prohibited. Manufactured buildings may be
permitted as accessory structures in the AR, R-1, and RB district
with the application and approval of a Class B Special Use Permit
from the Orange County Board of Adjustment.
Article 22 - Definitions
Manufactured Building, Accessory - A subordinate structure, the
use of which is customarily incidental to the permitted use of
the principal building. These buildings include office and other
manufactured buildings that are inspected and labelled by a third
party who is approved by the State. Utility buildings, mobile
homes and modular homes are not considered to be manufactured
buildings. Accessory uses include, but are not limited to: 1)
storage of goods, and 2) home occupation use. A manufactured
building shall not be used as a residential unit and may be
permitted as an accessory structure in the AR, R-1 and RB
district upon approval of a Class B Special Use Permit by the
Orange County Board of Adiustment.
Article 8.8.28 - Manufactured Building (Class B Special Use)
8.8.28. 1 - Additional Information
In addition to the information required in Subsections 8. 2 and
8 . 8, the following shall be submitted as part of the application:
a. A description of the exact type and size of the building,
including the proposed use.
b. A Site Plan showing the location of the existing single-
family unit and the proposed manufactured building.
c. If a home occupation is proposed, requirements as indicated
in Section 6. 16. 6 of the Zoning Ordinance shall be met.
d. If proposed, approval of the Orange County Health Department
for water and sewerage disposal facilities, or the approval
of the appropriate agency from which sanitary sewer and
water will be supplied.
8.8.28.2 - Standards of Evaluation
The following specific standards shall be used in deciding on an
application for this use:
a. The site plan shall show the boundaries of the site, the
location of existing and proposed structures, driveways and
parking areas, if proposed.
b. If a home occupation is proposed, the specific standards in
Section 6. 16. 6 must be complied with. The home occupation
application shall be submitted to and reviewed by the Orange
County Planning and Inspections Department.
S
c. The proposed manufactured building shall meet all applicable
North Carolina State Building Codes.
**********************************
ORDINANCE REVIEW SUBCOMMITTEE:
PLANNING BOARD REVIEW:
BOCC REVIEW:
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(6) 0-5-91 H - CLASS 0 SrECIAI. USE (ARTICLE 0)
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7
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
, ..
(...
0
MEMORANDUM
TO: Orange County Planning Board
FROM: Orange County Planning Staff
DATE: October 12 , 1992
SUBJECT: Zoning Ordinance Amendment for Mobile/Manufactured
Structures
At the August 24, 1992 public hearing a question was asked about
the difference between a mobile home, a manufactured home, a
manufactured building, and the proposed mobile/manufactured
structure. The mobile home and manufactured home are considered
the same in the North Carolina State Building Codes. Below is the
definition for a manufactured home or mobile home:
"Manufactured home" or "mobile home" means a structure,
transportable in one or more sections, which, in the
traveling mode, is eight feet or more in width or is 40
feet or more in length, or when erected on site, is 320
or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the
required utilities, and includes the plumbing, heating,
air conditioning and electrical systems contained
therein.
A mobile home is considered a dwelling unit based on the aboVe
definition and must be inspected by Housing and Urban Development
(HUD) . A HUD label is attached to each home. A manufactured
building is different in that it is not considered a dwelling unit
and it is inspected and labelled by a third party who is approved
by the State. It also must meet the N.C. State Building Code
requirements. Below is the definition for a manufactured building
in the North Carolina State Building Code:
"Manufactured Building" means any building which is of
"closed construction" and which is made or assembled in
manufacturing facilities, on or off the building site,
for installation or assembly and installation, on the
building site. "Manufactured Building" also means any
building of open construction for which certification
under the N. C. State Building Code is sought by the
manufacturer and which is made or assembled in
manufacturing facilities away from the building site for
8
MEMORANDUM
October 12 , 1992
Page 2
installation, or assembly and installation, on the building
site. "Manufactured building" does not mean "mobile home" .
The definition of the Mobile/Manufactured Structure as proposed
would include a manufactured building since it would have to be
inspected and labelled by a third party who is approved by the
State, but it would not include a manufactured home or mobile home.
The Orange County Building Inspectors have indicated that it is
very simple to determine the difference between a mobile office, a
manufactured building, a modular home and a manufactured/mobile
home since each requires a different type of seal on the unit.
• 9
8/24/92 PUBLIC PPARINq "INUTFS
. 1 the common area could have been designated private land, however, developers
2 were hoping to provide additional common area.
3
4 • JENNY SHAFER, a . resident of Heartwood, indicated that the
5 septic easement for Phase III is at least 1/4 of an acre away from the land
6 it would serve. This would require running the septic line under a paved
7 road and up a hill. She indicated that she is opposed to this arrangement.
8 She also spoke in opposition to putting a public access onto their private
9 land.
10
11 JOHN HARTLEY spoke in support of this project.
12
13 DAVE LAUDICINA, a resident of Heartwood, .indicated that he supports
14 what is being done with the 9 lots. It was planned that those lots would be
15 annexed into Heartwood, which means that they will share their common land
16 and Heartwood would share their common land with them.
17
18 A motion was made by Commissioner Halkiotis, seconded by.
19 Commissioner Insko to keep this public hearing open to receive a
20 recommendation from the Planning Board on October 5, 1992 .
21 VOTE: UNANIMOUS
22
23 3 . ZONING ORDINANCE TEXT AMENDMENT
24 •
25 a. Mobile/Manufactured Structures
This proposed Zoning Ordinance amendment would add a new
_A7 section addressing Mobile/Manufactured Structures as Class B Special Uses in
28 the Agricultural Residential (AR) , Rural Residential (R-1) , and Rural Buffer
29 (RB) zones. This amendment would specifically set up mobile/manufactured
30 structures to be used for accessory purposes as a Class B Special Use Permit.
31 The Zoning Ordinance does not allow mobile homes to be used as accessory
32 . structures. Whereas manufactured structures and mobile office structures are
33 constructed differently than mobile homes and are not intended to be used as
34 residential units . These types of structures differ from mobile homes and
35 would be appropriate to use as accessory structures. Provided the Planning
36 Board and Board of Commissioners find in the affirmative, the Zoning Officer,
37 recommends approval of the proposed text amendment.
38 Commissioner Gordon questioned the difference between mobile
39 homes and manufactured structures. Additional information will be provided
40 to her.
41 • Motion was made by Commissioner Halkiotis, seconded by
42 Commissioner Gordon to adjourn the public hearing 'until 7 : 30 on October 5 ,
43 1992 at the County Courthouse, Hillsborough, N. C. to receive the Planning
44 Board recommendation. •
.
45 VOTE: UNANIMOUS • •
46
47 4 . VOLUNTARY FARMLAND PRESERVATION ORDINANCE AMENDMENT
48
49 a . Minimum Acreage Requirement
50 In summary this proposed amendment would change the minimum
51 farm size required for participation in the voluntary agricultural districts
i2 program from 155 acres to 80 acres. The 80 acres could be in one tract or
October 19, 1992 Planning Board Minutes
10
that road. Garrett responded yes, but she did
not know the number of driveways . A large
portion of the adjacent property is owned by
Dorsett Acres .
Waddell expressed concern with the possibility of
a future road. Garrett reminded the Board that
any future subdivision would also have to request
a partial width right-of-way or receive other
access which the Staff would require at the time
of the request. Garrett also stated that the
road would possibly require an upgrade to Class A
private road standards. Only Class B and C
private roads are granted partial width right-of-
ways.
Gray asked about the owner's justification for
reducing the right-of-way. Garrett responded
that the applicant has only a 30-foot right-of-
way and there are two affidavits in the agenda
materials which state that other owners are
unwilling to provide an easement.
MOTION: Reid moved approval as recommended by the
Planning Staff. Seconded by Boland.
VOTE: Unanimous.
AGENDA ITEM #8: MATTERS HEARD AT PUBLIC HEARING (8/24/92)
Amendment
Table
a. Z(oln)i:grt::::na411.:e-T:::m
Article 6 .7 .2 - Accessory Structures in
Residential Districts
Article 8 . 8 .28 - Mobile/Manufactured
Structure
Article 22 - Definitions
Presentation by Mary Willis.
•
This agenda item is to consider a proposed Zoning
Ordinance amendment to add a new section
addressing Mobile/Manufactured Structures as
Class B Special Uses in the Agricultural
Residential (AR) , Rural Residential (R-1) , and
Rural Buffer (RB) zones.
The Planning and Inspections Staff has recently
been presented with the issue of whether to allow
mobile/manufactured structures to be used as
accessory structures to residential uses. The
Zoning Ordinance does not allow mobile homes to
be used as accessory structures. Whereas
11
manufactured structures and mobile office
structures are intended to used as residential
units, these types of structures differ from
mobile homes and would be appropriate to use as
accessory structures .
This amendment would specifically set up mobile/
manufactured structures to be used for accessory
purposes as a Class B Special Use Permit and
provide specific standards that would apply in
Agricultural Residential (AR) , Rural Residential
(R-1) , and Rural Buffer (RB) zones. Utility
buildings are currently allowed as accessory uses
in residential districts and would not be
affected by this amendment.
The proposed amendment was presented for public
hearing on August 24 , 1992 . Concerns raised at
the public hearing questioned the difference
between a mobile home and a manufactured
building. A memo from the Planning Staff has
been prepared to answer these concerns. A copy
of the memo and proposed amendment are
attachments to these minutes on pages ...V-3/ .
Willis stated that she felt the greatest concern
over this amendment has been some confusion with
the definitions of mobile/manufactured structures
and mobile homes. She emphasized that the intent
is not to change mobile homes in any way; it is
not being proposed that mobile homes be allowed
as accessory buildings for residential lots but,
manufactured buildings would be allowed. There
are some distinctions between the two in the
building code. A mobile home is approved by the
Housing and Urban Development as a dwelling unit
and there are specifications in the building code
for mobile homes; there are seals and approvals
that go with that type of unit as a residential
unit.
Willis continued that manufactured buildings
operate under a different definition in the
State Building Code and refer to structures that
are constructed off site and set up on the
property, but are not residences. Willis stated
that she felt a recommendation that may help
clarify the issue would be, in the definitions of
"mobile/manufactured structures" , to change it to
"manufactured buildings" . She felt this would be
more clear and would parallel with the
definitions in the Building Code. She clarified
that manufactured buildings are only mobile in
the sense of the ability to assemble elsewhere
12
and deliver to a site on a flatbed truck for
setup on the property. It would not be on wheels
or chasis that could be pulled off a lot.
There was concern that this would also include
the small buildings sold for storage sheds.
Willis emphasized that the small sheds sold for
storage buildings would not be included in this
amendment. Storage sheds are addressed in the
Building Code and they are not such structures as
should require a Class B Special Use Permit.
Cantrell asked if the item would have to be
presented again to remove the word mobile.
Willis responded that it is a clarification and
does not constitute a substantive change so it
would not have to be presented again.
Gray asked who would determine the type of
structure if all of the identification seals were
removed. Willis responded that, in such a case,
she felt the building inspectors would be asked
to visit the site and assist the Planning Staff
in determining the type of structure. If the
evidence indicated that someone was attempting to
use a mobile home rather than a manufactured
building for an accessory structure, they would
be informed that it did not qualify for a Class B
Special Use Permit and would not be allowed as
such.
MOTION: Gray moved approval of the Planning Staff
recommendation and removing the word mobile
making it read manufactured buildings. Seconded
by Jobsis .
Burklin asked if this change would achieve the
purpose and intent of the amendment. Willis
responded yes. She noted that the intent is to
allow the use of manufactured buildings for
offices for home occupations and this amendment
would address that.
VOTE: Unanimous.
b. Planned Developments
( 1) PD-2-92 Heartwood At Blackwood Mountain
Phase III (Modification of PD-2-86)
Withdrawn by applicant.
c. Zoning Atlas Amendment