HomeMy WebLinkAboutAgenda - 02-13-2017 - D.1 - Home Park District 5
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONER
QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 13, 2017
Action Agenda
Item No. D.1
SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendments
— Revising the Land Use Zoning Matrix and Revising/Renaming of the Mobile Home Park
Conditional Zoning District (MHP-CZ).
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Development Patrick Mallett, Planner II, (919) 245-2577
Ordinance (UDO) Amendment Outline Form Michael D. Harvey, Planner III, (919) 245-
2. November 2, 2016 Ordinance Review 2597
Committee (ORC) Summary Meeting Notes Craig Benedict, Director, (919) 245-2592
3. Excerpt of Approved December 7, 2016
Planning Board Minutes
4. Planning Board Draft Excerpt Summary of
Minutes and Signed Statement of Consistency
from February 1, 2017 meeting
5. Statement of Consistency
6. Proposed UDO and Comprehensive Plan
Amendments
PURPOSE: To hold a public hearing on Planning Director initiated amendments to the
Comprehensive Plan and Unified Development Ordinance revising the Mobile Home Park
Conditional Zoning (MHP-CZ) District allowing for temporary residential units (e.g. Recreational
Vehicles - RVs) and retitling the existing district Home Park Conditional Zoning (HP-CZ).
BACKGROUND: This amendment is in response to a BOCC work session item on February 18,
2016 reviewing current development regulations and discussing opportunities for allowing more
flexibility with respect to residential development. During this work session, staff recommended
modifying the existing MHP-CZ District to allow for temporary residential units within mobile
home parks, including recreational vehicles (RVs) and tiny homes constructed to the RV
standard. Information from the work session can be viewed at:
http://server3.co.orange.nc.us:8088/weblink8/0/fol/40558/Rowl.aspx.
This item was presented to the Ordinance Review Committee (ORC) at its November 2, 2016
meeting. Notes from the ORC meeting are contained in Attachment 2. Agenda materials and
can also be viewed at:
http://www.orangecountync.gov/November%202%20ORC%20Agenda%20Packet.pdf
6
As a result of various comments received on the proposal, staff has crafted an amendment that:
i. Provides standards for Temporary Residential Units that allow for up to a 180-day
occupancy;
ii. Balances the various state and federal construction standards for temporary and
permanent units; and
iii. Allows for a wider-range of housing types.
The goal is to revise existing development standards in an effort to encourage purposeful
growth and development within the county in a cost efficient manner while promoting varied
housing options.
The Comprehensive Plan text amendment involves modification of Appendix F to change
references to the Mobile Home Park Conditional Zoning (MHP-CZ) district to Home Park
Conditional Zoning (HP-CZ) district.
For more background information please refer to Attachment 1. Proposed text amendment
language for both the UDO and Comprehensive Plan changes can be found in Attachment 6
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 5 and the proposed amendment package as contained in Attachment
6.
Planning Board Recommendation: The Planning Board originally reviewed this item at its
December 7, 2016 regular meeting and voted 7-1 to recommend approval. Minutes from this
meeting are contained within Attachment 3. Agenda materials can also be viewed at viewed at:
http://www.orangecountync.gov/12.7.16AgendaPacket.pdf
After this meeting the County's Attorney office identified inconsistencies in the use of
terminology and definitions within the amendment package. Staff revised the amendment and
resubmitted to the Attorney for review. It was deemed necessary to have the Planning Board
review the revisions and take additional action on the proposal.
The Board reviewed the revised amendment package at its February 1, 2017 regular meeting
and voted unanimously to recommend approval. The Statement of Consistency for the
amendment can be found in Attachment 4.
The proposed amendment, as deemed legally sufficient by the County's Attorney office and as
recommended for approval by the Planning Board, is contained in Attachment 6.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
7
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Administration recommends the Board:
1. Receive the proposed amendments to the Comprehensive Plan and UDO as detailed
in this abstract and attachments.
2. Conduct the public hearing and accept comments on the proposed amendments.
3. Close the public hearing. (Note that, because this is a legislative decision, additional
comments at a later date are permitted).
4. Decide on one of the following options:
a. Adopt the proposed amendments by approving the Statement of Consistency
(Attachment 5) and Ordinance (Attachment 6);
b. Defer a decision to a later BOCC regular meeting date;
c. Refer the item back to the Planning Board for a specific purpose; or
d. 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.)
Attachment 1 8
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2016-08
Revise Mobile Home Park Conditional Zoning (MHP-CZ) District to allow for both
manufactured homes and temporary residential units (aka Recreational Vehicles) and
retitle to Home Park Conditional Zoning (HP-CZ) District.
A. AMENDMENT TYPE
Map Amendments
n Future Land Use Map:
From:
To:
n Zoning Map:
From:
To:
n Other:
Text Amendments
M Comprehensive Plan Text:
Section(s): Modification of Appendix F Land Use and Zoning Matrix of the
adopted Comprehensive Plan to retitle the Mobile Home Park
Conditional Zoning (MHP-CZ) district to Home Park Conditional
Zoning (HP-CZ) district.
M UDO Text:
MUDO General Text Changes
MUDO Development Standards
MUDO Development Approval Processes
Section(s): Section(s)
• 2.9.2 Conditional Zoning Districts;
• 3.8 Conditional Districts (MHP-CZ to be retitled HP-CZ);
• 5.2 Table of Permitted Uses;
• 5.5 Standards for Residential Uses; and
• Article 10 Definitions.
n Other:
1
9
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section(s) 2.3 Comprehensive Plan Amendments
and 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO,
the Planning Director has initiated text amendments to the Mobile Home Park
Conditional Zoning District (MHP-CZD) allowing for temporary residential units,
namely Recreational Vehicles (RVs) and units built to an RV Park Model Standard
(e.g. some types of Tiny Homes built on a chassis) and retitling the district Home
Park Conditional Use District (HP-CZD).
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
A Recreational Vehicle (RV) is currently defined within Article 10 of the UDO as:
A self-propelled or towed vehicle, qualified to be licensed by the
appropriate State Agency, and is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, providing short
term recreational living accommodations, designed primarily not for use as
a permanent dwelling, but as temporary living quarters for recreational,
camping, travel, or seasonal use.
There has been increased interest in allowing for opportunities for temporary
residential uses within the County. This includes locating tiny homes, built on a
chassis and classified under State building regulations as an RV Park Model, in both
mobile home parks and as standalone uses of property. In some instances, staff has
fielded inquiries from individuals with family members receiving treatment in local
hospitals looking for areas where an RV could be parked to serve as a temporary
residence.
Temporary Residential Units are not currently permitted within mobile home parks as
they do not meet established criteria (i.e. they are not classified as a manufactured
home consistent with HUD standards).
This proposal would establish a revised district that could address many of these
issues and provide options to those looking for temporary housing. This includes
allowing for tiny home structures, constructed on a chassis and meeting the definition
of an RV. The amendment would also provide a mechanism for RVs to be permitted
under certain circumstances within mobile home parks.
Note, most mobile home park projects were developed prior to current zoning
regulations and, as a result, have de-facto zoning approvals.
As with all Conditional Zoning districts the project would involve the negotiation of
design elements between the BOCC and applicant to ensure the viability of the
project. Requests to develop this new district would be reviewed as a rezoning
request (i.e. legislative review) and acted upon by the BOCC in accordance with
2
10
Section 2.9.2 of the UDO.
As part of this amendment process, Appendix F of the Comprehensive Plan will be
also be modified to change references to the Mobile Home Park Conditional Zoning
(MHP-CZ) district to Home Park Conditional Zoning (HP-CZ) district.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 — Sustainable Growth and Development: Growth and development
within the county should occur in a pattern, location, and density that is
sustainable over the long-term.
Chapter 4 Housing Element of the Comprehensive Plan:
• Housing Goal 1 —A wide-range of types and densities of quality housing
affordable to all in all parts of the County.
Chapter 5 Land Use Element of the Comprehensive Plan:
• 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.
• Land Use Goal 2 — Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources,
and community character.
• Land Use Goal 3 —A variety of land uses that are coordinated within a
program and pattern that limits sprawl, preserves community and rural
character, minimizes land use conflicts, and supported by an efficient and
balanced transportation system.
• Land Use Goal 4 — Land development regulations, guidelines, techniques,
and/or incentives that promote the integrated achievement of all
Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2016
b. Quarterly Public Hearing
February 13, 2017
c. BOCC Updates/Checkpoints
3
11
November 2, 2016 — Planning Board Ordinance Review Committee (ORC)
meeting (BOCC receives agenda materials)
December 7, 2016 — Planning Board Recommendation (BOCC receives agenda
materials)
February 1, 2017 — Planning Board Recommendation on revised amendment
package (BOCC receives agenda materials)
d. Other
Development Advisory Committee (DAC) — the DAC first reviewed this item at its
October 20, 2016 meeting and continued review through the month of November
2016.
The DAC was briefed on the revised amendment package at its February 2, 2017
meeting.
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
November 2, 2016 — Ordinance Review Committee (ORC)
During the ORC and Planning Board Meetings the following comment(s) were
made:
• A Planning Board member asked why there was a hard and fast time limit
on `temporary' housing units.
STAFF COMMENT: NC State Building Code regulations allows for a
temporary housing unit to be served only by a `temporary' utility
connection.
This temporary utility connection can serve a unit for up to 180 days. Any
longer and the `temporary' unit becomes `permanent' and can be only
served only by a permanent utility connection. It must also meet other
applicable NC Building Code requirements for the residential dwelling unit.
There are similar restrictions with a temporary housing unit being served
by a septic connection.
• A Planning Board member asked how they were `getting away' with this in
Chatham County.
STAFF COMMENT: Staff is unsure what is being referred to. If Chatham
is allowing for temporary housing unit, being served by a temporary utility
connection, to remain longer than 180 days that is a violation of the State
building code. Staff believes Chatham County is allowing permanent "tiny
homes" on a parcel of property rather than a temporary housing unit.
Staff notes that Orange County also allows small homes as permanent
dwellings, provided all applicable codes are met including State building
regulations. Orange County does not enforce a minimum dwelling unit
4
12
size.
• A Planning Board member asked if tiny homes could be made permanent.
STAFF COMMENT: Yes, if said units are built to the State building code
installed accordingly, and served with the appropriate utility connections.
• A Planning Board member asked how this would impact existing parks.
STAFF COMMENT: In theory, any existing temporary housing units would
be allowed consistent with the Non-conforming section of the UDO.
Having said that, the goal would be to work with the owners to bring the
parks into full compliance. Specifically, 1 unit per space and having
spaces addressed consistent with the County Addressing Ordinance.
• A Planning Board member asked if we need a definition of tiny home.
STAFF COMMENT: No. There is no legal definition or accepted
standards for what are commonly called "tiny homes." A structure is either:
a permanent residence (aka stick built or modular home) built to State
Building Code; A Manufactured Home (aka a Mobile Home) built to HUD
standard; or a Temporary Residential Unit (aka an RV). There is therefore
no need or legal basis to define a tiny home.
• A Planning Board member asked how septic needs would be addressed.
STAFF COMMENT: The Health Department would have to review and
approved an appropriately designed system to accommodate permanent
and/or temporary housing units as the units are permitted/re-approved.
• A Planning Board member asked how the addressing would or would not
change in Mobile Home Parks.
STAFF COMMENT: The proposed standards would require a numbered
assignment for each temporary or permanent space. This space
assignment would be clearly marked on a site plan and physically marked
on site. While this may or may not constitute mailing or legal address
would be determined at the time of site plan submittal.
• A Planning Board member asked if existing mobile home parks and/or new
home parks can be served with public water and/or sewer.
STAFF COMMENT: Most Mobile Home Parks and RV parks are served
with private water and sewer services. However, public water and sewer
service is possible for permanent spaces.
December 7, 2016 — Recommendation. The Board voted 7 to 1 to recommend
approval of the proposed amendments. Minutes from the meeting are contained
within Attachment 3.
February 1, 2016 — Recommendation on revised amendment package. The
Board voted unanimously to recommend approval of the proposed amendments.
b. Advisory Boards:
5
13
Affordable Housing Advisory Board
(AHAB) as necessary. Copies of the
amendment were sent to Orange
County Housing staff on November
23, 2016. As of this date no
comments have been received.
c. Local Government Review:
Staff transmitted the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review on
November 23, 2016.
As of this date we have not received
any comments.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
17 General Public: Outreach meetings with Mobile Home Park owners were
conducted on November 29th and 30th of 2016.
n Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from 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
The amendment(s) will provide an opportunity for the location/use of temporary housing
and address existing non-conforming situations. This process could also provide a
mechanism allowing for the location of certain types of tiny homes within the County.
E. SPECIFIC AMENDMENT LANGUAGE
6
14
Please refer to Attachment 6.
Primary Staff Contact:
Patrick Mallett
Planning
(919) 245-2577
pmallett @orangecountync.gov
7
15
1
Attachment 2 Approved 12/7/16
2
3 SUMMARY NOTES
4 ORANGE COUNTY PLANNING BOARD
5 NOVEMBER 2,2016
6 ORDINANCE REVIEW COMMITTEE
7
8 NOTE: A quorum is not required for Ordinance Review Committee meetings.
9
10 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large, Chapel Hill Township; Tony Blake (Vice-chair), Bingham Township
11 Representative; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; Maxecine Mitchell, At-Large Bingham
12 Township; Lisa Stuckey, Chapel Hill Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia
13 Roberts, Cheeks Township Representative;
14
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning
17 Systems Coordinator; Patrick Mallett, Planner II, Rachel McCook, Planner I; Meredith Kern,Administrative Assistant II.
18
19
20 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
21
22 Lydia Wegman called meeting to order.
23
24
25 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS - TEMPORARY RESIDENTIAL UNITS
26 CONDITIONAL DISTRICT
27 To review and comment upon proposed amendments to the UDO that would establish a new
28 conditional zoning district for temporary housing units.
29 Presenter: Patrick Mallett, Planner II
30
31 Patrick Mallett reviewed the abstract.
32
33 Lisa Stuckey: I don't understand why we have to go through these charades.
34
35 Patrick Mallett:That's the way the state building code, the health codes,all of the codes are defined.
36
37 Lisa Stuckey: So these are not built to habitable standards?
38
39 Patrick Mallett:Yes, once you go beyond that magic day it becomes a permanent structure or residence.
40
41 Lisa Stuckey: So what about the tiny homes?On TV I've seen tiny homes subdivisions.These are very permanent.
42
43 Patrick Mallett: They're not. You could do a subdivision, theoretically, with 10 lots and do 10 tiny homes that meet the
44 minimum lot standards. I think part of the rub is unless you do something like a cluster subdivision, you end up with a 300
45 square foot tiny home on a 1-acre lot. It may work, it may not. I think that the cost of the land basis kind of drives that out of
46 the realm of reality. It definitely does in the Rural Buffer where you've got 2-acre to 5-acre lots.
47
48 Tony Blake: They're doing it in Chatham County but when they did it there was no zoning at all so they were able to pull it
49 together.
50
51 Patrick Mallett: Right now, you would either build the tiny home on a foundation that could be a stick built, and most of them
52 are not long enough. You can also build to a modular home standard; a mobile home standard; or now an RV Park Model
53 Standard of construction.
54
1
16
Approved 12/7/16
55 Lydia Wegman: I don't know.The ones I've seen that are not that big.
56
57 Patrick Mallett: The framing ultimately becomes an issue.You'll see a lot of the literature will say, "These are energy efficient,
58 they're sustainable". Well yeah, that's true but they have solar on them because they can't meet the electrical code. In other
59 words, the spacing requirements for the electrical wiring and the framing doesn't work out. Literally, these things are so short
60 you can't frame a window and a door, and a structural frame and get all the electrical wiring or the framing to work to meet
61 those code requirements. So that's the rub. It's not a hatred for a smaller home.
62
63 Lisa Stuckey: So if you took a mobile home park and you wanted to put all tiny homes in it then it would end up being all
64 temporary?
65
66 Patrick Mallett: Or they would be underpinned and built to the mobile home standard. I think a lot of people are realizing that
67 we need to allow for these tiny homes, but do them to the mobile home standard and go in a mobile home park or do it as a
68 camper unit and put it in an RV park. As it stands today the RV part of this really, we don't have an allowance for that. The
69 only way you can have an RV and stay off of your property is you can park one obviously, but you're not supposed to have
70 Cousin Eddy living there. So if somebody enterprises and said, "Hey, there's a market. I want to do an RV park," they would
71 have to get a SUP for a camp retreat center. It's the only way that they could do it.
72
73 Tony Blake:There are some with that business model.They existed before.
74
75 Patrick Mallett: That's right. They're grandfathered in. So how do you know that but also realize that there are changes in the
76 market place and there are people that need to come here for a period of time and they can't afford to stay in an extended
77 stay, or a hotel. This is an alternative, same thing with a mobile home. I think that there may be people that want to do a tiny
78 home, not so much a single or doublewide type of product. So that's the essence of the text change. It just so happens that
79 Allen said, "you know the Department of Environmental Health just released guidelines on a white paper and it has a nice
80 description code, all of those nuances about the RV park model, what is a recreational vehicle and everything else", so I
81 brought this along as a handout and if you want I can ask Allen and or Michael to come to the Planning Board meeting and
82 give you their pieces. I'll meet with them and go over the nuts and bolts and technical minutia. We're meeting with the legal
83 team tomorrow. And Ashley Moncado of our office has been working with the group that's been working on affordable,
84 sustainable, tiny home stuff and so I've asked her to speak so we can make sure this is in sync with that effort, which is not
85 this.
86
87 Lydia Wegman: It's not the same thing?
88
89 Patrick Mallett:Their focus is tiny home.
90
91 Lydia Wegman:And will they be defining tiny home?
92
93 Patrick Mallett: I think it is still murky. There are all kinds of ideas and no clear legal way to define it. And that's part of her
94 advice that I'm going to lean on. For legal purposes, a tiny home is to be built to an RV standard or built to a mobile home
95 standard. And that's that. There's a new term that's emerging called micro-home. So my thought is I don't want to wait. And
96 the building code is not there. They don't have a standard. Their response to this day is it's either a RV, a mobile home, a
97 modular home, or a single-family home. And the reason they do that is that RV's have license plates. It's built to a
98 transportation standard. It's never intended to be a permanent residence. Mobile home is built to a different standard that's
99 been vetted, and approved, and tested. Like I said, the basic section is that we need to change and the 2 districts.The mobile
100 home park district conditional use and the TRU, Temporary Residential Unit.
101
102 Tony Blake:Where are the close districts?Are they just not...
103
104 Patrick Mallett: We have no plans to re-zone something the TRU CZ. That would be upon someone... They would file a case,
105 they would have to show us a site plan,specify where thee stalls and the spaces are it would be virtually the same.
106
107 Tony Blake: Is there any minimum acreage size or anything like that?
108
2
17
Approved 12/7/16
109 Patrick Mallett: Same acreage. For the purposes of impact on the surrounding area, all the setbacks, all the minimum acreage
110 requirements are the same as a mobile home lot.
111
112 Tony Blake: How would the septic be figured?
113
114 Patrick Mallett: If you're doing homes you would have to have a lot, you would have to have a septic system; you would have
115 to have a well, making permanent connections.
116
117 Tony Blake: But if you're doing a mobile home park it's different?And that would follow that same standard.
118
119 Patrick Mallett: Yeah. Because there's not a lot so it's a space... Conventional standards are from the driveway. And they're
120 really designed so that people can come in and come out and emergency services can service and solid waste can service
121 them.One of the interesting things that is...A tiny home is the only way that you can get a single bedroom septic system.
122
123 Lisa Stuckey: Could those houses made out of container boxes?
124
125 Patrick Mallett:As long as you can build it to a standard it could be made out of recycled plastic. But it has to meet a code.
126
127 Lydia Wegman: Does it have to meet a building code of some kind?
128
129 Tony Blake:Well it has to meet a mobile home standard.
130
131 Patrick Mallett:The HUD standards for Mobile Homes, yeah.
132
133 Tony Blake: But the problem is with the tiny homes is that cost per square foot is so much greater than it is for a mobile home.
134 And so it's hard to justify.
135
136 Lisa Stuckey: But they're taking those containers and making them into houses. But it's the same, are they mobile or not
137 mobile?
138
139 Patrick Mallett:Yeah, exactly.And what standard are the built to, and what type of utilities are the hooked up to(permanent or
140 not)?This is part 2 of those 4 text changes that are moving through. Michael's got one of them that will be part 3. I see it as a
141 step in the right direction and at least we can give the people some answers and some guidance versus you can live in a
142 camp retreat center if you get it approved. So our goal is to get this one to the February Public Hearing.
143
144 Tony Blake: One more question. How does this fit with accessory use, or does it?
145
146 Patrick Mallett: It'll be the same as it applies for others.There's supervision in there for the sheds. So let's say you had an RV
147 park, you had common open space, it's owned by the landlord, and you have a caretaker. Theoretically you could get a shed
148 and for an extra $5 a month you get a shelf in the storage accessory structure. But the same rules would apply as accessory
149 shed structures.
150
151 Paul Guthrie: I've got a question.We have some in my house that watch all these tiny building shows that are on TV, so that's
152 my exposure. But one of the things those show is that there's a growing range of cost on things of a similar size. Has there
153 been any effort or any movement towards trying to get some more common definitions of these various alternatives?
154
155 Patrick Mallett: That's the affordable housing part of this that Ashley is involved in. We're getting into the mobile home park
156 and the RV park part of it.The sustainability, affordability part is a much bigger then, and then defining it. I think they've spent
157 a long time trying to define.
158
159 Paul Guthrie:There's a broad range in those general exposures.
160
3
18
Approved 12/7/16
161 Patrick Mallett: Exactly.You ask 10 people what a tiny home is and 5 of them are probably going to say, "Like that show"and
162 the other 5 are going to have very different opinions in what that is. But by far I think the most common product has wheels on
163 it and a chasse and is built to either no standard or an RV standard.
164
165 Lydia Wegman: So should we expect some changes following your meeting with the attorneys and?
166
167 Patrick Mallett:Yeah. This is the first. We've gone through the first pass of this and then we'll put the legal vice grips through
168 it.
169
170 Lydia Wegman: I want to speak in sport of Lisa's plan. I think it's worth it to look into doing something smaller than 10-acres, if
171 possible.
172
173 Patrick Mallett: Ok. That's a good point. And I think that there probably will be some experimentation. For example, the
174 gentleman on Orange Grove Road is like, "I'm not going to completely convert this stuff on a speculative rolling the dice and
175 throwing it on the table, but I'm willing to convert a couple of the stalls and see what happens.".And his idea was that there's a
176 market and it's a good idea to get involved in that. There are nuances with regard to a RV park versus a mobile home park.
177 Mobile home parks tend to rent by the month. RV parks tend to rent by the day or the week.And from a maintainer standpoint
178 that's a pain. But it may be worth it,willing to try, that's part of his input.
179
180 Lydia Wegman:Are there advantages of being a RV park?
181
182 Patrick Mallett: A lot of interest. And the other part of this that I think pertains to that bigger discussion is that some of these
183 things, based on where you put it and how it's classified, impact your ability to get a mortgage. If it's got wheels it's probably
184 going to depreciate. But this is about the zoning and the panning part of it.That's it.
185
186
187 Lydia Wegman closed the meeting.
4
19
Approved 1/4/2017 Attachment 3
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 DECEMBER 7,2016
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Lydia Wegman (Chair),At-Large Chapel Hill Township Representative; Tony Blake (Vice-Chair),
8 Bingham Township Representative; Maxecine Mitchell, At-Large Bingham Township; Patricia Roberts, Cheeks
9 Township Representative; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township
10 Representative; Kim Piracci,At-Large; Laura Nicholson, Eno Township Representative;
11
12
13 MEMBERS ABSENT: Lisa Stuckey, Chapel Hill Township Representative; Andrea Rohrbacher, At-Large Chapel Hill
14 Township;
15
16 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning Systems Coordinator; Patrick
17 Mallett, Planner II, Michael Rettie, Chief Building Official; Alan Clapp, Environmental Health Director; Meredith Kern,
18 Administrative Assistant II
19
20 Agenda Item 7: Unified Development Ordinance (UDO) Text Amendment - To make a recommendation
21 to the BOCC on government initiated amendments to the UDO to modify the Mobile Home
22 Park Conditional Zoning District (MHP-CZ) to a Home Park Conditional Zoning District (HP-
23 CZ). The reclassified district would allow for both [permanent mobile homes and recreational
24 vehicles (RVs) on a temporary basis. This item is scheduled for the February 13, 2017
25 quarterly public hearing.
26
27 Presenter: Patrick Mallett, Planner II
28
29 Patrick Mallett reviewed the abstract
30
31 Tony Blake: Some of those mobile home parks are within the water and sewer boundary area, does that mean they
32 could have water and sewer if they wanted to?Or do they have water and sewer?
33
34 Patrick Mallett:Theoretically. I would guess that the mast majority of these are operating on well and septic.
35
36 Alan Clapp:We've got about 70 that are only the well or septic.
37
38 Lydia Wegman: How big are some of the larger parks?
39
40 Michael Harvey: You have some parks in the County that have a couple hundred units. And remember that an
41 individual unit is on a space approximately 5,000 square feet, at least according to current code.
42
43 Patrick Mallett continued presentation.
44
45 Tony Blake:What do you mean by"could help solidify addressing"?
46
47 Patrick Mallett: So part of that exhaustive research is that... A mobile home park is much like a condo. You don't
48 have individual lots. You have one track that is theoretically owned by one owner or one corporation or entity and
49 they have spaces like an apartment or a condo with stalls and hookups and then you pay a rent to the owner. My
50 understanding is in some cases you could buy a deeded reference to the space. So what's happening is the
51 addressing, not all of these are addressed in our database or are they clearly labeled to be able to drive into a mobile
52 home park and be able to locate a specific unit. I don't know that your average person, either tenant or owner, would
53 necessarily make the connection that that's the address.
1
20
Approved 1/4/2017
54
55 Michael Harvey: To expand upon that, that current ordinance says that it's up to the park owner as part of the
56 development process to establish a system la, 1b, 1c. The revised ordinance requires a mobile home park to be
57 addressed consistent with the County addressing ordinance. So each individual stall will be addressed with a number
58 consistent with the County's ordinance so there can be no dispute over what's 101, 103, 110.And they all will have to
59 display address numbers consistent with that address ordinance.That's the big link we're doing here.
60
61 Patrick Mallett: Some of these with the travel around park don't necessarily have a clearly posted sign. And then on
62 the EMS end, I think that they're continuing to make an extraordinary effort to have their database so that they know
63 if somebody's in need of service that they know how to get there.
64
65 Paul Guthrie: It's my impression that a lot of the older parks really got their push at the end of World War II, and you
66 can see units that have been there since WWII. How do we watch that to see if it's still maintained and we try to save
67 it as quality standards, or not?
68
69 Patrick Mallett: Well, maybe what we'll do is go through the power point and then come back to that part of it. But
70 Mobile homes are a little bit different in the sense that it is build to a HUD standard, it actually has a metal placard
71 that has a serial number kind of like a VIN number and you can change the mount. So theoretically you could have a
72 40-year old unit, singlewide, you yank out the skirting, the underpinning and then replace it with a new one as long as
73 it fits within the space.
74
75 Paul Guthrie: The other question; you mentioned the enforcement of federal protection. Given the turmoil in
76 Washington right now,what do you do if standards get eliminated?
77
78 Michael Harvey:You never say never, but the definitional constitutes a certified manufactured house will never
79 change from this notion of it is a self contained engineered structure that can withstand X capacity.And that's infinite.
80 That's never going to change.And that ultimately is what we're looking for in terms of this is a manufactured home by
81 HUD's definition.
82
83 Paul Guthrie: And on a curveball, environmental standards in today's announcement from the EPA and as a couple
84 of us here are ex EPA employees there are standards in EPA relative to water and to wastewater. Who would
85 enforce them if they were withdrawn?
86
87 Michael Harvey:There still have to be permitting for water/wastewater.
88
89 Paul Guthrie: So you would re-permit on existing units?
90
91 Alan Clapp: So this covers the land use zoning comp plan parts of this that our intent is to make it coincide with other
92 regulations at the State and Federal level and not get in the way. Those are going to change over time, as they
93 always have, but this deals with your permits, your zoning and compliance permits, your planning approvals.You still
94 have to go through and meet inspections, building permits, electrical permits, you have to go through Environmental
95 Health to get your water and septic hooks up and so on and so forth. So this is one part in all of the myriad of
96 requirements that you have to meet. So I would say that they're most closely aligned with the Federal...
97
98 Paul Guthrie: I'll let you get back to your discussion, I'm just throwing it out because I think there's going to be a
99 period of time where it's going to be difficult to mesh some of the Federal standards that have been changed with
100 what we have done as normal business for a long time. And since we're in the process I just wanted to raise the
101 issue. We should carefully see that we can still continue to do the maximum, especially on sanitary issues, on our
102 own with or without the Federal government.
103
104 Alan Clapp: Currently Environmental Health,for all the mobile home parks that are on well, septic, or one or the other
105 we angle inspection of the park. So that inspection involves walking the entire park, making sure all the systems are
106 functioning, and taking a water sample. Even under the current administration just this year there was a change in
2
21
Approved 1/4/2017
107 that a total coliform hit on a water sample is now not necessarily a stop the presses, put boil water notices up. It used
108 to be that that was the case, even under current administration that's changed. So there's no telling what's going to
109 happen under the next administration. But if it's a fecal coliform on the water then the boil water notices come up. Of
110 the 90 some parks we inspect about 70 of them the others are all water and sewer. And then to your second
111 question; we do the annual park inspection and then if a model is moved off and another goes on we do a space
112 inspection to make sure that that space will fit in the given slot and not be over the well or septic system, and that the
113 system is functioning. So we do a park and a space inspection.
114
115 Lydia Wegman:Alan, is there one septic system for the whole park?
116
117 Alan Clapp: Usually in most cases there are individual systems or 2 units per septic system.
118
119 Paul Guthrie:Are there any of these parks that have discharge permits?
120
121 Alan Clapp:Yes. Now,we do not do those but of the other 20 half of them are either spray or discharge or ATU.And
122 several of those are on public water supply with 25 or more connections.
123
124 Patrick Mallett continued presentation.
125
126 Michael Rettie:The tiny homes themselves are not built to any standard.
127
128 Patrick Mallett:Well, they could but the vast majority doesn't meet anything.And that's the rub.
129
130 Lydia Wegman:What kind of hookups do they have?
131
132 Patrick Mallett: The ones that don't meet any standards? It's the Wild West. It's everything from a port-a-potty to
133 showers in bathhouses.
134
135 Patrick Mallett continued presentation.
136
137 Tony Blake: It sounds as if, with a tiny home, you could have either an RV type hookup or a mobile home type hook
138 up. Is that true?
139
140 Patrick Mallett:Theoretically.
141
142 Tony Blake:And we would permit that?
143
144 Patrick Mallett: If it meets those standards, both in the building code and the health.
145
146 Michael Harvey: The bottom line is this: If you're putting a structure on a parcel of property it either has to be a HUD
147 certified structure or a stick built house meeting state building code.
148
149 Michael Rettie:Well HUD is a standard. If nothing that's a Federal standard for building a manufactured home.
150
151 Tony Blake: But it doesn't say how wide or how long it's going to be. It just says 2x4's would be this far apart.
152
153 Michael Harvey: And remember most HUD homes have to meet certain design and wind zone requirements and it
154 has to be a self contained engineered unit.
155
156 Michael Rettie: HUD has gone up with their own building and construction standards. That's where you get the little
157 1x2 studs and that kind of stuff. But all of that is it's systems. Even the building officials can't change those systems
158 unless a design professional basically specifies how to do that.
159
3
22
Approved 1/4/2017
160 Patrick Mallett: So we'll see people that will tinker with a mobile home and if you rip out a wall and add onto it, what
161 does that become?And that kind of transcends the mobile home park.
162
163 Lydia Wegman: Can we go back to the tiny homes?And so if they meet the RV standard would they be temporary?
164
165 Patrick Mallett:Yes.
166
167 Lydia Wegman: Only a mobile home or single family could be a permanent.
168
169 Patrick Mallett: Exactly.You're coming to a space that's designated on a site plan as temporary or permanent.And if
170 you're in a temporary space you're suppose to be built to an RV standard and have a hook up.
171
172 Lydia Wegman:What if a tiny home is set on a single-family lot?
173
174 Michael Harvey: It has to meet state building code.
175
176 Maxecine Mitchell: With the tiny home meeting the RV standard can only stay at a RV park for a certain length of
177 time?
178
179 Patrick Mallett:Just the same as a RV.
180
181 Buddy Hartley: How long can it stay there?
182
183 Patrick Mallett: 180 days.
184
185 Buddy Hartley:What happens if it's there after 180 days?
186
187 Patrick Mallett: It's a violation... On the enforcement end of this, transcending the text change is how do we deal with
188 that?
189
190 Maxecine Mitchell: Right now they couldn't be on either one?The tiny home.
191
192 Patrick Mallett: No, because it's not meeting that standard.
193
194 Buddy Hartley: Could you drive it around the block and bring it back?
195
196 Patrick Mallett: I think that's a discussion for the enforcers to come up with some policy that's appropriate. But I think
197 it's in the realm of possibility to require, as part of its approval... That there's a statement and there's an affidavit
198 that's recorded on a lot that you're not going to have tenants staying there in your temporary spaces for longer than
199 180 days. Period.
200
201 Patrick Mallet continued presentation.
202
203 Tony Blake: Is anything grandfathered in this?
204
205 Patrick Mallett: If you're a mobile home park and you're there and it either pre-dated our zoning requirements it's the
206 same. You can do nothing, and this is not going to impact what you have today nor are these requirements really
207 going to create additional items, if you have mobile homes there's no additional suffering in terms of... It's when you
208 want to convert portions to temporary. That's when you have to do additional things. But the performance standards
209 and the requirements;we made a conscience effort to make it the same.
210
211 Michael Harvey:Tony, one thing to keep in mind is that with the current regulations,which are applicable,we have to
212 do our own inspections. We work with several park owners to address violations that they still have to comply with.
4
23
Approved 1/4/2017
213 Our goal is to try to work with park owners that have illegally allowed, for example, 3 units in 1 5,000 square foot
214 space.You're going to have to address that violation. That's one huge violation. The other violation that we see a lot
215 of is illegal additions on mobile homes that essentially invalidate its HUD certificate, but also a violation of state
216 building code and zoning. So unfortunately we have 90 parks that we are inspecting. I would say we have done 40,
217 and have worked on several issues in those 40. There are multitudes more. We have just scratched the service. But
218 a lot of our efforts are trying to coordinate with land records and emergency service staff, trying to fix any and all
219 addressing problems so there is an appropriate level of compliance where this is an address, this is where they have
220 to go, and emergency services know where to go when there is an emergency.
221
222 Lydia Wegman: Did you hear anything of concern at the July 20th meetings you had?
223
224 Patrick Mallett: No. I did get a phone call and email from an operator yesterday who owns 65 mobile home parks
225 throughout the southeast of which they own several in Orange County.They said this is exactly the trend. We have a
226 good number of our home parks that have been converted to have some sort of hybrid so that we can meet the
227 market demands.
228
229 Lydia Wegman:Was he comfortable with what you were doing?
230
231 Patrick Mallett:Yes. I don't think I've had any negative responses. Either from residents that are interested to tenants
232 to mobile home park owners.
233
234 Patrick Mallett continued presentation.
235
236 Alan Clapp: On the septic end the only thing that's different is the minimum size for a mobile home inaudible. The
237 park model and the RV type have a lower flow rate in the North Carolina sewage inaudible so it would be less flow to
238 the system. Then we're going to get the question of, "Can we do 2 where we have 1?"and the answer's going to be
239 no because they still have to meet the 5,000.
240
241 Michael Harvey:We only allow 1 unit per 5,000 square feet.
242
243 Patrick Mallett: And, peppered throughout the 30 some odd pages of the text change, it's 1 space, 1 unit. No
244 efficiencies. It doesn't matter how big it is or how small it is.And we did take the comments from the ORC about the
245 shed's and then lowering the minimum cap from 10-acres to 5-acres for your minimum track size.
246
247 Lydia Wegman: Michael, is there anything you wanted to add?
248
249 Michael Rettie: The only thing we regulate with RV's is the electric pedestal. It's the only jurisdiction we have
250 anything to do with.
251
252
253 Patrick Mallett: So part of that would be the site plan approval and the designation of the space and then some sort of
254 affidavit that says it's built to the park model standard.
255
256 Lydia Wegman: But no HUD certification?
257
258 Michael Rettie: Not fora RV.
259
260 Alan Clapp:Yes.
261
262 Paul Guthrie: How many?
263
264 Alan Clapp: I don't know because those are the ones that we don't go to.
265
5
24
Approved 1/4/2017
266 Paul Guthrie: So what we're talking about here would be totally controlled by State and Federal Law... That could
267 become a problem.So I just plant that seed.
268
269 Michael Harvey: Understood. But with all due respect if we did nothing it would still be a problem. If we never came
270 up with this amendment we're still looking at the problem.
271
272 Paul Guthrie:Well I think there's a solution outside of that. If a surrounding or neighboring piece of property felt that it
273 was being harmed by those discharges then there could be private action.
274
275 Michael Harvey: They can be now, in fact, there has been. In the 12 years I've been here there's been 1 park that
276 seems to get...
277
278 Paul Guthrie: Because I have a feeling that we're going to see some significant changes attempted on a clean water
279 act,for example.
280
281 Maxecine Mitchell: I have one more question. I take it there's no RV parks in Orange County?
282
283 Patrick Mallett: Legally, no.
284
285 Alan Clapp:There is one just across the line in Alamance County, but not in Orange.
286
287 Maxecine Mitchell: Ok. I was just wondering if this is the first time we're dealing with RVs. The one I found was on
288 Jones Road and I've seen people park their RV there but I don't know how long.
289
290 Alan Clapp: That's the one. That's called a park model. So they leave those there. They hook their bathrooms to the
291 septic system but they have a bathhouse where you have to go and take a shower.
292
293 Maxecine Mitchell: Ok.And they're regulation is based on the County it's in?
294
295 Alan Clapp:Yes. So, in Alamance that's fine. Here, the Health Department could permit that the same way but they'd
296 also have to meet planning regulations.
297
298 MOTION by Kim Piracci to approve statement of consistency in attachment 3 and to approve the proposed
299 amendments in attachment 4.Seconded by Patricia Roberts.
300 VOTE: 7-1 (MAXECINE MITCHELL OPPOSED)
301
302 Maxecine explained she had some reservations about whether it's a good idea.
6
25
Attachment 4 DRAFT
1 DRAFT EXCERPT OF MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 FEBRUARY 1,2017
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Lydia Wegman (Chair),At-Large Chapel Hill Township Representative; Tony Blake(Vice-Chair),
8 Bingham Township Representative; Maxecine Mitchell, At-Large Bingham Township; Lisa Stuckey, Chapel Hill
9 Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia Roberts, Cheeks Township
10 Representative; Paul Guthrie,At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative;
11
12
13 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Kim Piracci, At-Large;
14
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett,
17 Planner II; Meredith Kern,Administrative Assistant II;
18
19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
20
21 Lydia Wegman called the meeting to order.
22
23
24 AGENDA ITEM 2: INFORMATIONAL ITEMS
25 a) Planning Calendar for January and February
26 ® February 13—Quarterly Public Hearing
27 • March 1 —Planning Board Meeting
28
29
30 AGENDA ITEM 4: APPROVAL OF MINUTES
31 January 4, 2017 Meeting Minutes
32 January 4, 2017 ORC Notes
33
34 MOTION by Maxecine Mitchell to approve the January 4, 2017 Planning Board minutes and ORC Notes. Seconded by
35 Lisa Stuckey.
36 VOTE: UNANIMOUS
37
38
39 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA
40
41 No additions to Agenda
42
43 AGENDA ITEM 5: PUBLIC CHARGE
44
45 Introduction to the Public Charge
46 The Board of County Commissioners, under the authority of North Carolina General Statute,
47 appoints the Orange County Planning Board (OCPB) to uphold the written land development
48 laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
49 harmonious development. OCPB shall do so in a manner, which considers the present and
50 future needs of its citizens and businesses through efficient and responsive process that
51 contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
52 will make every effort to uphold a vision of responsive governance and quality public services
53 during our deliberations,decisions,and recommendations.
54
1
26
DRAFT
55
56 PUBLIC CHARGE
57 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its
58 citizens to conduct themselves in a respectful,courteous manner, both with the Board and with
59 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this
60 public charge,the Chair will ask the offending member to leave the meeting until that individual
61 regains personal control. Should decorum fail to be restored, the Chair will recess the meeting
62 until such time that a genuine commitment to this public charge is observed.
63
64
65 AGENDA ITEM 6: CHAIR COMMENTS
66
67 No comments
68
69 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT- To re-review and make a
70 recommendation to the BOCC on government-initiated amendments to the text of the UDO to
71 modify the Mobile Home Park Conditional Zoning District (MHP-CZ) to a Home Park
72 Conditional Zoning District (HP-CZ). The Planning Board recommendation approval of this
73 item on December 7, 2016; subsequent revisions by the County Attorney's office necessitates
74 that the amendment be reviewed again by the Planning Board. This item is scheduled for the
75 February 13, 2017 Quarterly Public Hearing.
76
77 Patrick Mallett Presented the proposed changes that were made to materials since the December 7, 2016 Planning
78 Board Meeting and needed to meet legal sufficiency.
79
80 Craig Benedict told Patrick Mallett that when he presents this item he can explain that it has not changed from the
81 way it was originally.
82
83 Patrick Mallett continued his presentation.
84
85 Buddy Hartley asked how they will enforce the regulations.
86
87 Michael Harvey explained there are conditions for the approval for the certificate of occupancy,which often include
88 time limits on how long the temporary structure can stay on the property.After that time frame if the structure is still
89 there the Planning Department issues a notice of violation;the notice of violation will allow the resident 30 days to
90 remove it, after that 30 days it is a$500 a day fine.
91
92 Patricia Roberts asked if there is a second impact fee if you build an efficiency unit.
93
94 Michael Harvey said that you do have to pay another impact fee based on the number of bedrooms of the efficiency
95 and then pay the difference in the number of bedrooms in the new house you're building.
96
97 Patrick Mallett continued reviewing the abstract and text changes.
98
99 Tony Blake asked what the attorney's concerns were with this text amendment
100
101 Patrick Mallett said that we needed to focus on what goes on in a mobile home park. The previous recommendation
102 by the Planning Board dealt too much sections beyond the scope of this amendment.
103
104 Craig Benedict explained that we will be coming up with a new method so that we don't keep bringing things back
105 and forth to the Planning Board.
106
107 Patrick Mallett continued reviewing the abstract and text changes.
108
2
27
DRAFT
109 Paul Guthrie asked if there was a documented definition of what a customary use is.
110
111 Patrick Mal lett explained that is would be an accessory structure.
112
113 Michael Harvey stated that it is defined in article 10 of the UDO defining what an accessory structure is.
114
115 Andrea Rohrbacher asked why the porch has to be covered as defined under attached structures.
116
117 Lydia Wegman said that it says"including"which does exclude the porches from being covered or uncovered, rather
118 it just list covered porches as an example.
119
120 Patrick Mal lett and Michael Harvey agreed with Lydia's explanation.
121
122 Tony Blake asked if the addressing ordinance would apply to this as it does in the rest of the county.
123
124 Patrick Mal lett said that yes it will
125
126 Michael Harvey further explained that the director of land records is the one who assigns that addresses.
127
128
129 MOTION by Tony Blake to approve the statement of consistency. Seconded by Lisa Stuckey.
130 VOTE: UNANIMOUS
131
132 MOTION by Tony Blake approve the proposed amendments in attachment 5. Seconded by Lisa Stuckey.
133 VOTE: UNANIMOUS
134
135
136 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS
137 a) BOARD OF ADJUSTMENT
138 b) ORANGE UNIFIED TRANSPORTATION
139
140
141 AGENDA ITEM 10: ADJOURNMENT
142
143 Planning Board meeting was adjourned by consensus.
144
145
Lydia Wegman, Chair
3
28
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE AND
COMPREHENSIVE PLAN TEXT AMENDMENTS
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated amendments to the Unified Development Ordinance
(UDO) and the Comprehensive Plan to modify and retitle the Mobile Home Park Conditional
Zoning (MHP-CZ) district.
Proposed UDO changes seek to modify existing development requirements, review
processes, and permitted uses to provide additional opportunities for various residential
housing types.
The Planning Board 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:
Chapter 2 Planning Principles of the Comprehensive Plan:
o Principle 2 — Sustainable Growth and Development: Growth and
development within the county should occur in a pattern, location,
and density that is sustainable over the long-term.
These amendments are consistent with this goal and objective as it clarifies
required utility hook-up and design standards for temporary housing units
and, addressing issues of sustainability, and encourages/promotes the use
of said units in areas of the County where a need has been established.
Chapter 4 Housing Element of the Comprehensive Plan:
Housing Goal 1 — A wide-range of types and densities of quality
housing affordable to all in all parts of the County.
O Housing Goal 4 - Development ordinances and incentives that
promote inclusionary practices and housing options for all income
levels.
These amendments are consistent with this goal and objective because it
promotes greater flexibility with respect to the use of temporary housing
units within mobile home parks and provide a mechanism for their permitting
thereby expanding the types and densities or housing options.
Chapter 5 Land Use Element of the Comprehensive Plan:
o 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.
29
O Land Use Goal 2 — Land uses that are appropriate to on-site
environmental conditions and features and that protect natural
resources, cultural resources, and community character.
® Land Use Goal 3 — A variety of land uses that are coordinated
within a program and pattern that limits sprawl, preserves
community and rural character, minimizes land use conflicts, and
supported by an efficient and balanced transportation system.
® Land Use Goal 4 — Land development regulations, guidelines,
techniques, and/or incentives that promote the integrated
achievement of all Comprehensive Plan goals.
These amendments are consistent with this goal and objective as it provides
a mechanism for the permitting of temporary housing units, clarifies the
permitting and use of said units, and allows for the grouping/cluster of like
land uses thereby eliminating land use conflicts.
c. The amendment is reasonable and in the public interest because it:
1. Assists Orange County in providing opportunities for the location and use of
temporary housing units.
This amendment will allow for temporary housing units to be
installed/utilized in the new Home Park district in accordance with applicable
State regulations. Currently these units are prohibited.
2. Revising existing land use regulations to ensure existing conflicts with State
Building Code standards and Environmental Health policies are resolved.
This amendment incorporates language identifying regulatory limitations
associated with permanent and temporary housing units from a utility
connection/use and construction standard within the new Home Park
district.
3. Promote diversity with respect to available housing types.
The amendment expands available housing options that can be utilized
within Orange County and provides opportunities for the use of temporary
housing units in specific circumstances.
4. Amends Appendix F of the 2030 Comprehensive Plan modifying references
to the Mobile Home Park Conditional Zoning (MHP-CZ) district consistent
with the proposed UDO text amendment, changing the name to the Home
Park Conditional Zoning (HP-CZ) district.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed amendments.
c51‘ I
Lydi I, N. Wegm n, Chair Date
30
Attachment 5
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE AND
COMPREHENSIVE PLAN TEXT AMENDMENTS
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated amendments to the Unified Development Ordinance
(UDO) and the Comprehensive Plan to modify and retitle the Mobile Home Park Conditional
Zoning (MHP-CZ) district. Proposed UDO changes seek to modify existing development
requirements, review processes, and permitted uses to provide additional opportunities for
various residential housing types.
The BOCC 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:
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 — Sustainable Growth and Development: Growth and
development within the county should occur in a pattern, location,
and density that is sustainable over the long-term.
These amendments are consistent with this goal and objective as it clarifies
required utility hook-up and design standards for temporary housing units
and, addressing issues of sustainability, and encourages/promotes the use
of said units in areas of the County where a need has been established.
Chapter 4 Housing Element of the Comprehensive Plan:
• Housing Goal 1 — A wide-range of types and densities of quality
housing affordable to all in all parts of the County.
• Housing Goal 4 - Development ordinances and incentives that
promote inclusionary practices and housing options for all income
levels.
These amendments are consistent with this goal and objective because it
promotes greater flexibility with respect to the use of temporary housing
units within mobile home parks and provide a mechanism for their permitting
thereby expanding the types and densities or housing options.
Chapter 5 Land Use Element of the Comprehensive Plan:
• 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.
• Land Use Goal 2 — Land uses that are appropriate to on-site
environmental conditions and features and that protect natural
resources, cultural resources, and community character.
31
• Land Use Goal 3 — A variety of land uses that are coordinated
within a program and pattern that limits sprawl, preserves
community and rural character, minimizes land use conflicts, and
supported by an efficient and balanced transportation system.
• Land Use Goal 4 — Land development regulations, guidelines,
techniques, and/or incentives that promote the integrated
achievement of all Comprehensive Plan goals.
These amendments are consistent with this goal and objective as it provides
a mechanism for the permitting of temporary housing units, clarifies the
permitting and use of said units, and allows for the grouping/cluster of like
land uses thereby eliminating land use conflicts.
c. The amendment is reasonable and in the public interest because it:
1. Assists Orange County in providing opportunities for the location and use of
temporary housing units.
This amendment will allow for temporary housing units to be
installed/utilized in the new Home Park district in accordance with applicable
State regulations. Currently these units are prohibited.
2. Revising existing land use regulations to ensure existing conflicts with State
Building Code standards and Environmental Health policies are resolved.
This amendment incorporates language identifying regulatory limitations
associated with permanent and temporary housing units from a utility
connection/use and construction standard within the new Home Park
district.
3. Promote diversity with respect to available housing types.
The amendment expands available housing options that can be utilized
within Orange County and provides opportunities for the use of temporary
housing units in specific circumstances.
4. Amends Appendix F of the 2030 Comprehensive Plan modifying references
to the Mobile Home Park Conditional Zoning (MHP-CZ) district consistent
with the proposed UDO text amendment, changing the name to the Home
Park Conditional Zoning (HP-CZ) district.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Mark Dorosin, Chair Date
Attachment 6 32
Ordinance #ORD-2017-003
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE AND COMPREHENSIVE PLAN
OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development
Ordinance (UDO) to modify existing regulations governing the review and processing
of mobile home parks, and
Whereas, there has been increased interest in allowing for opportunities for
temporary residential uses within the County including tiny homes, built on a chassis
and classified under State building regulations as an RV Park Model, in both mobile
home parks and as standalone uses of property, and
Whereas, Temporary Residential Units are not currently permitted within mobile
home parks as they do not meet established criteria (i.e. they are not classified as a
manufactured home consistent with HUD standards), and
Whereas, the proposed amendment provides a mechanism to temporary
residential units to be permitted under certain circumstances and eliminates identified
inconsistencies within the UDO with respect to the development of mobile home
parks, and
Whereas, the requirements of Section(s) 2.3 and 2.8 of the Unified Development
Ordinance have been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the
proposed text amendments to the Unified Development Ordinance and the
Comprehensive Plan, and
Whereas, the County has held the required public hearing and has found the
proposed text amendments are consistent with the goals and policies of the adopted
Comprehensive Plan.
Be it ordained by the Board of Commissioners of Orange County that the
Unified Development Ordinance and Appendix F of the Comprehensive Plan of
Orange County is hereby amended as depicted in the attached pages.
Be it further ordained that this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2017
33
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 , 2017 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 ,
2017.
SEAL
Clerk to the Board of Commissioners
34
UDO AND COMPREHENSIVE PLAN AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with the review and permitting of temporary housing units and a retitling of the existing Mobile
Home Park Conditional Zoning (MHP-CZ) district to the Home Park Conditional Zoning (HP-
CZ)district, including amending Appendix F of the adopted 2030 Comprehensive Plan.
As the number of affected pages/sections of the existing UDO and Comprehensive Plan are
being modified with this proposal staff has divided the proposed amendments into the following
color coded classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO and/or Comprehensive Plan impacted by the proposed
modification(s) have been included within this packet. 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 or footnotes from previous sections `spill over' onto the included page.
Text with a large "X" is not proposed for deletion.
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.
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://www.orangecountync.gov/departments/planning and inspections/ordinances.php
The full 2030 Comprehensive Plan is available online at:
http://www.orangecountync.gov/departments/planning and inspections/2030 comprehensi
ye plan.php.
35
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with revisions to the Mobile Home Park Conditional Zoning District (MHP-CZ) including
retitling the district to Home Park Conditional Zoning (HP-CZ) District.
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. 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 or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
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.
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://www.orangecountync.gov/departments/planning and inspections/ordinances.php
Article 2: Procedurm
Section 2.9: Conditional Districts
(I) Zoning Atlas Designation
Following approval of a CUD application/permit by the Board of County Commissi. ers,
the property shall be identified on the zoning atlas by the appropriate parallel C ,
designation. This designation is the general zoning district designation plus e letters
"CU".
(J) • eline for Development of Approved Uses
(1) Construction of the approved project must begin within 1 months of the approval
the permit. If no construction has started within the ated time frame the
per •it becomes null and of no effect.
(2) The pro.-rty owner may request only one 6-me th extension from the Board of
County Co gmissioners upon the favorable -commendation of the Planning
Board if the r-west is received before th- permit expires.
(3) The application fo .n extension req -st shall be submitted a minimum of six
months prior to the e siration oft - permit.
(K) Alterations to an Approved CUD
(1) Changes to approved pl.'s a-• conditions of development shall be treated as
changes to the zonin. .tlas and all be processed as an amendment to such as
contained in Sectio• 2.8.
(2) The Planning D. ector may approve min. changes without going through the
amendmen .rocess. The Planning Direct. at his/her discretion, may elect not
to allow . y proposal as a minor change and ill forward the detailed application
for ch. ges to the Planning Board and Board o ounty Commissioners for
co :ideration in accordance with the procedures o .fined herein.
(3) . minor change is one that will not:
(a) Alter the basic relationship of the proposed develop 'ent to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards pro 'led
at the boundary of the site.
2.9.2 Conditional Zoning District(CZD)
(A) Generally
Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific
Conditional Zoning District and detailed in Section 3.8 of this Ordinance shall be
developed.
(B) Applications
Applications to rezone property to a CZD shall be submitted to the Planning Director and
shall be processed in accordance with the procedure(s)for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5)for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CZD application form, an applicant shall also submit the
following information:
Orange County, North Carolina—Unified Development Ordinance Page 2-31
Article 2: Procedurms
Section 2.9: Conditional Districts
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for Master Plan Development(MPD)-CZD'
applications (see (C)(2) below).
(i) A detailed description of the proposed use of property including
an outline of the proposed development,
(ii) A detailed traffic survey, regardless of the estimated number of
trips per day, prepared in accordance with all applicable North
Carolina Department of Transportation (NC DOT) requirements
or standards as well as Section 6.17 of this Ordinance,
(iii) The appropriate Environmental Document prepared in
accordance with Section 6.16; and
(iv) A landscape plan showing the location of on-site significant
trees; proposed screening, buffers, and landscaping; and any
proposed treatment of any existing natural features.
(b) A summary of utility services, including processing of wastewater. For
Home Park (HP) CZD, the utility service plan shall specify if the
proposed services are temporary or permanent connections.2
(c) A schedule of construction of all elements of the proposal.
(d) Any other information identified during the pre-application conference
deemed essential to demonstrate the project's compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD)CZD shall include the requirements in Section 6.7. The
requirements of(1)(b)through (1)(h) above are applicable for MPD-CZ
applications.
(3) 26 copies of the application package required in (1) and (2)above shall be
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
D) Neighborhood Information Meeting
Before a Public Hearing may be held on an accepted applic.. for a CZD, the
••licant is required to schedule, with the assistance • e Planning
Depa -nt, a minimum of one neighborhood .• • mation meeting. The purpose
of this meets • to obtain surroundin• • ••erty owner input and comments on
the proposed develo. -nt pro.- .
(2) The applicant shall o• prop- - owner mailing address information from the
Orange Coun anning Department . : hall mail notices of the meeting date
and ti = .'a first class mail to each property ot,-- within one thousand feet of
•- •roperty for which a CZD has been requested.
The notices shall be mailed a minimum of 14 days prior to the da _ • the
proposed Neighborhood Information Meeting.
1 The amendment is designed to ensure consistency within the section with respect to appropriate references to
various Conditional Zoning districts.
2 In accordance with State Building code,a temporary housing unit(i.e. Recreational Vehicle,travel trailer, camper,
etc.)can be served only by temporary utility connections,while other residential dwellings such as mobile homes,
manufactured homes,and "stick-built" homes can only be served by permanent utility connections. Similar
language has also been proposed within Section 5.5.4,the standards associated with the development of a mobile
home park.
Orange County, North Carolina—Unified Development Ordinance Page 2-32
Article 3: Base Zoning Distristo
Section 3.8: Conditional Districts
DIMENSIONAL AND RATIO STANDARDS
HP-CZ Tract size, min./max.
549/50
HOME PARK 3 (acres)
Tract Front Setback 40
from ROW, min. feet
PURPOSE Tract Side Setback, 20
min. (feet)
The purpose of the 49bbile-Home Park Conditional Zoning(MHP-CZ) Tract Rear Setback, 20
District is to provide for the development of properly located and min. (feet)
planned facilities for mobile home and temporary housing unit parks.
Adequate housing is fundamental to the welfare of county residents;
however, conventional housing is not consistently affordable to, nor Individual Mobile Home
desired by, all members of the general public. There is also an Space Size, min. 5,000
identified need to provide some level of flexibility for transient (square feet)
residents who need to reside within the area on a temporary basis.
Where properly regulated and located, mobile home parkcHome
Parks address the public need for alternative housing and achieve a Temporary Residential
satisfactory relationship to adjoining and nearby property. Unit Space Size, min. 2,000
(square feet)
APPLICABILITY Individual Space Width, 50
min. (feet)
The district shall be located in such a manner as to be compatible Height, max. (feet) 25 [1]
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county. Tract Floor Area Ratio, Consistent with
Therefore, when evaluating an application for this district, emphasis max residential uses in
shall be given to the location of the proposed mobile home district, adjacent zoning districts
the relationship of the site and site development plan to adjoining Consistent with
property, and the development itself. Required Open Space residential uses in
Ratio, min. adjacent zoning districts
Required Livability Consistent with
Space Ratio, min. residential uses in
DIMENSIONAL STANDARDS NOTES: adjacent zoning districts
[1]Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks. Required Recreation Consistent with
Space Ratio, min. residential uses in
adjacent zoning districts
HP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the MHP-CZ District in Section 5.2. Additionally, non-residential uses
are restricted based on the Watershed Protection Overla District in which the .ro.ert is located. Refer to Section
s As previously indicated we are modifying the existing district to create an overall 'park'district that can
accommodate multiple housing options(i.e. permanent versus temporary). This will eliminate the need to create a
whole new,stand along,zoning district.
Orange County, North Carolina—Unified Development Ordinance Page 3-67
Article 3: Base Zoning Distristt
Section 3.8: Conditional Districts
4.2.3 for land use restrictions.
2. 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.
3. 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 located on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
5. For lots outcidc of a Watcrchcd Protcction Ovcrlay District(ccc Scction 1.2), the minimum usablc lot ar a for lot)
that utilize ground absorption wactcwatcr systcms shall be 30,000 cquarc fcct for parccls bctwccn 10,000 cquarc
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 10,000 square feet.4
45.
�6. See Section 5.5.4 for standards pertaining to Mobile Home Parks.
7.. When a new home park is proposed to be located adjacent to an existing mobile home park, the Standards
in Section 5.5.4 shall be met.
8S. Each home space shall contain only one designated temporary or permanent residential unit. Efficiency Units are
prohibited within HP-CZ districts.5
949. A Temporary Residential Unit shall be allowed within a given park for a maximum of 180 days'
104. All permanent residential units within a HP-CZD shall be designed and built to the appropriate State and Housing
and Urban Development(HUD)standards$and shall be served by permanent utility connections.
4 Language is proposed for deletion there are no individual 'mobile home lots'within a mobile home park. A
Mobile home park is required to be a minimum of 10 acres in size and has to have a minimum of 10'stalls'allowing
for 1 unit per stall. The regulation is redundant.
5 The regulation is designed to ensure there is only one residential land use per each 5,000 sq.ft.for each stand,
stall or space within a mobile home park.
6 Permanent Homes(e.g. Mobile Homes) and Temporary Units(e.g. RVs) need to be designated so they can be
assigned the appropriate construction standard (e.g. HUD standards for mobile homes and RV Park Model
standards for RVs).
The 180 day limit is to ensure consistency with State regulations with respect to the type of utility connection
required to serve'temporary'versus'permanent' residential units.
8 The reason for the distinction is to ensure permanent dwelling units comply with the appropriate criteria.
Orange County, North Carolina—Unified Development Ordinance Page 3-68
Article 4: Overlay Zoning Distri4k3
Section 4.2: Watershed Protection
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and W. dlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance th the standards
this Section, the preliminary plan shall show proposed building en elopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the ..nstruction of buildings
.r driveways outside the areas so designated on the . eliminary plan unless the
.nning Director makes a written finding that the proposed location complies
wit' the provisions of this Section and Sections 6 3 (Stream Buffers) and 6.14
(Stor water Management).
4.2.8 Modifications of the Im•-rvious Surface Ratio
Modifications of the Impervio.s Surface Ratios may be re.uested through one of the following
provisions:
(A) Through variance proced es of the Board o Adjustment, as described in Section 2.10.
(B) Through approval and recor•.tion of a co'servation agreement, as provided in Article 4
of Chapter 121 of the N.C. Ge -ral Stat. es, between Orange County and a land owner
that prohibits development of Ian. in . .rotected watershed in perpetuity, subject to the
following:
(1) A modification of the req 're. •mpervious surface ratios may be approved
administratively but onl to the : tent that additional land in the same watershed
is conserved or prote• ed from de elopment.
(2) The land which wil se subject to a c. servation agreement must be adjacent to
the land propose. for development an for which a modification of the
impervious su :ce ratios is sought.
(a) As . example, a person owning a 0,000 square foot lot and subject to
a % impervious surface ratio wouls se limited to 4,800 square feet of
pervious coverage. If the person's p ns called for 5,500 square feet
of coverage (a difference of 700 square -t), the recording of a
conservation easement on 5,833 square feat of contiguous property
would satisfy the impervious surface ratio req.irements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restric .ons are covenants
that run with the land and, be approved in form by the , ounty Attorney.
(c) The conservation easement shall, upon recording, be in 'e place of a
first priority lien on the property (excepting current ad valor- property
taxes) and shall remain so unless, with the approval of Oran.- County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation ease -nt to
be certified by an attorney-at-law, licensed to practice law in the Sta - of
North Carolina and approved to certify title to real property.
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Distri4tt
Section 4.2: Watershed Protection
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through the installation of a stormwater feature, consistent with the minimum design
standards as detailed within the State BMP Manual.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infiltration
stormwater feature.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State stormwater manual and shall be
completed by a licensed engineer with eyd9e4eseexpertise9 in stormwater
management. Additional allowable impervious surface area shall be based on the
soil composition of the property consistent with State regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP in accordance with
County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the Cou+nty and other agencies or of ficials as 9
appropriate. Once approved, the document shall be recorded in the Orange
County Registrar of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved BMP.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s) for the property after the BMP has been approved by
the County.
(7) The property owner, at its cost and expense, shall be required to execute and file
with the County a bond, or other form of acceptable security, to cover the cost of
removal of a BMP, and any additional impervious surface area installed as the
result of its approval, in the event the BMP is failed to be maintained in
accordance with the recorded operations agreement. The amount of the bond
shall be 110% of the estimated cost of removing the feature and impervious
surface area as certified by a licensed professional engineer or surveyor.
9 Staff is merely recommending the correction of an identified typo.
Orange County, North Carolina—Unified Development Ordinance Page 4-10
Article 5: U
Section 5.2:Table of Permitted Uses
5.2.3 Table of Permitted Uses—Conditional Zoning Districts
TABLE OF PERMITTED USES—CONDITIONAL
PERMITTED USE
CONDITIONAL ZONING DISTRICTS
USE TYPE ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
OTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^ a shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
AGRICULT L USES
Agricultural Pro sing Facility "
Agricultural Processin cility, Community
Agricultural Services Uses
Cold Storage Facility
Community Farmers' Market
Composting Operation, no grinding
Composting Operation,with grinding ^
Cooperative Farm Stand
Equestrian Center
Farm Equipment Rental, Sales and Service
Farm Supply Store
Feed Mill
Greenhouses with On Premises Sales
Meat Processing Facility, Community
Meat Processing Facility, Regional ^
Non-Farm Use of Farm Equipment
Stables, Commercial
Stockyards/Livestock Mark
CHILD CARE&EDUC NAL FACILITIES
Center in a >st6ence for 3 to 12 Children
Child C Facilities
raries
Orange County, North Carolina—Unified Development Ordinance Page 5-21
Article 5: U
Section 5.2:Table of Permitted Uses
TABLE OF . USES—CONDITIONAL Z
PERMITTED USE
CONDITIONAL
USE TYPE ASE-CZ • • •
OTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^ shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
Non-Pro ducational Cooperative
Schools: Dan Art& Music
Schools: Elementar , iddle &Secondary
Schools: Vocational
Universities, Colleges& Institutes
COMMERCIAL USES
Banks &Financial Institutions
Beauty& Barber Shops
Construction (Sector 23)
Contractors, Building &Trade
Country Store
Finance& Insurance (Sector 52)
Funeral Homes
Garden Center with On Premises Sales
Hotels & Motels
Insurance Carriers&Agents
Junkyards
Kennels, Class I
Kennels, Class II
Laundry&Dry Cleaning Servi
Management of Compa s& Enterprises (Sector 53)
Massage, Busine f
Metal Fab ri io n Shop
Micro wery with Minor Events
icrobrewery with Major Events^
Orange County, North Carolina—Unified Development Ordinance Page 5-22
Article 5: U
Section 5.2:Table of Permitted Uses
TABLE OF . USES—CONDITIONAL Z
PERMITTED USE
CONDITIONAL
USE TYPE ASE-CZ • • •
TE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
" shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
Nightclub Bars, Pubs
Offices& Perso I Services, Class 1
Offices& Personal S ices, Class 2
Offices& Personal Services, lass 3
Professional, Scientific&Technic ervices (Sector 54)
Real Estate Agents &Brokers
Repair Service Electronic&Appliance
Restaurants: Carry Out
Restaurants: Drive In
Restaurants: General
Retail, Class 1
Retail, Class 2
Retail, Class 3
Rural Guest Establishment: Bed &Breakfast
Rural Guest Establishment: Bed &Breakfast Inn
Rural Guest Establishment: Country Inn
Storage of Goods, Outdoor
Storage or Warehousing: Inside Building
Studio (Art)
Taxidermy
Theater, Indoor or Outdo including Drive-ins)
Tourist Home
Wholesale jr e
Winer ith Minor Events
>kKe'ry with Major Events"
Orange County, North Carolina—Unified Development Ordinance Page 5-23
Article 5: Uws
Section 5.2:Table of Permitted Uses
TABLE OF . USES—CONDITIONAL Z
PERMITTED USE
CONDITIONAL
USE TYPE
• • •
OTE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
A shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
EXTRACTI SES
Extraction of E Products
GOVERNMENTAL USES
Governmental Facilities&O e Buildings
Governmental Protective Service olice& Fire Stations) Rescue
Squads, Volunteer Fire Departments
Military Installations (National Guard & Res e Armory)
Public Administration (Sector 92)
MANUFACTURING,ASSEMBLY&PROCESSING
Assembly and Packaging Operations Including Distribution a
Mail Order Houses, But Excluding On-Premises Retail Outlets
Industrial, Heavy
Industrial, Light
Industrial, Medium
Manufacturing (Sector 31-33)
Microbrewery, production only
Pharmaceutical Products
Printing &Lithography
Sawmills^
Winery, production only
MEDICAL USES
Health Services: Over , 00 Sq. Ft.
Health Services: der 10,000 Sq. Ft
Hospitals
Vete ary Clinic
eterinary Clinic, mobile
Orange County, North Carolina—Unified Development Ordinance Page 5-24
Article 5: Um
Section 5.2:Table of Permitted Uses
TABLE OF • • ZONING DISTRICTS
PERMITTED USE
CONDITIONAL ZONING DISTRICTS
USE TYPE ASE-CZ - • •
TE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Us hall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
Veterinary itals
RECREATIONAL USES
Arts, Entertainment& Rec tion (Sector 71)
Botanical Gardens&Arboretums
Camp/Retreat Center
Golf Driving and Practice Ranges
Guest Ranch
Parks, Public
Recreational Facilities
Golf Course
Race Track(Motorized, etc.)and Go-Kart Track Facilities
RESIDENTIAL USES
Dwelling; Mobile Home
Dwelling; Multiple Family
Dwelling; Single-Family
Dwelling;Two-Family
Family Care Home
Group Care Facility
Rehabilitativ re Facility
Resid lal Hotel (Fraternities, Sororities, and Dormitories)
eR'o'oming House
Temporary Residential Unit
TELECOMMUNICA
Telecommunication Tower—Stealth (75 feet or shorter)
T eet in height or shorter)
Orange County, North Carolina—Unified Development Ordinance Page 5-25
Article 5: U
Section 5.2:Table of Permitted Uses
TABLE OF • • ZONING DISTRICTS
PERMITTED USE
CONDITIONAL ZONING DISTRICTS
USE TYPE ASE-CZ - • •
OTE.Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^ shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
Telecom nication Towers(greater than 150 in height)
TEMPORARY USE
Buildings, Portable
Temporary Mobile Home( during construction/installation of
permanent residential unit and 30 days following issuance of
Certificate of Occupancy
TRANSPORTATION
Bus Passenger Shelter
Bus Terminals&Garages
Motor Freight Terminals
Motor Vehicle Maintenance &Repair
(Body Shop)
Motor Vehicle Repair Garage
Motor Vehicle Sales Rental
New&Used
Motor Vehicle Services Stations
Parking As Principal Use, Surface or Structure
Petroleum Products: Storage &Distribution
Postal &Parcel Delivery Services
UTILITIES
Elevated Water Storage Tanks
Public Utility Stations&Sub- tions, Switching Stations,
Telephone Exchanges, er&Sewa a Treatment Plants
Electric, Gas, and�uid Fuel Transmission Lines
Water&Sa ry Sewer Pumping
Solar ay—Large Facility
,961'ar Array—Public Utility
Orange County, North Carolina—Unified Development Ordinance Page 5-26
Article 5: Um
Section 5.2:Table of Permitted Uses
TABLE OF • • ZONING DISTRICTS
PERMITTED USE
CONDITIONAL ZONING DISTRICTS
USE TYPE ASE-CZ - • •
TE:Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Us all not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
WASTE MANA ENT
Landfills(2 Acres or re)
Landfills(Less Than 2 Acre
Waste Management Facility; Hazar s&Toxic
MISCELLANEOUS
Accessory Uses
Airports, General Aviation, Heliports, S.T.O.L.
Assembly Facility Greater Than 300 Occupants"
Assembly Facility Less Than 300 Occupants
Cemetery
Church
Clubs or Lodges; Social; Fraternal or Union Clubhouses
Community Center
Crematoria
Historic Sites Non-Residential/Mixed U
Information (Sector 51)
Research Facility
Research Land nstallations, Non-profit
Rural H�age Museum
,Ptlfal Special Events
Orange County, North Carolina—Unified Development Ordinance Page 5-27
Article 5: Us
Section 5.5: Standards for Residential Uses
(c) The use of the building shall be only for the period of time spe . .-d and
for the use specified.
(d) The proposed use is a permitted use in the distric which it is located.
SECTION 5.5: STANDARDS FOR RESIDENTIAL USES
5.5.1 Accessory Structures an•
(A) General Standards of Evalu. •
(1) Accessory structures a•: u including recreational uses and amenities, shall
not be located in .• required fro open space and shall conform to the principal
setbacks of t•- district where located • ess otherwise provided in this Section.
(2) An at , ed private garage, or carport, not ex -ding 12 feet in height, may
•- upy a portion of the required side open space, • •vided that this does not
result in a required side open space of less than 7%of - lot width, nor a total,
when combined with the required side open space of the lot I •• ediately
adjacent, of less than eight feet.
(3) Mobile homes as accessory structures to residential uses are prohibited.
5.5.2 Efficiency Apartment
(A) General Standards of Evaluation
(1) Efficiency apartments shall be allowed only as an accessory use to a single-
family residence.10
44}(2) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(2)(3) The efficiency unit shall contain&no more than 1,000 square feet of gross floor
area with a maximum limit of 800 square feet of heated/cooled,gro c floor
areahabitable living space."
{3)(4) The residential lot shall meet the minimum lot cizeall dimensional requirements of
the zoning district in which it is located.
(44(5) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(5) The efficiency unit shall be accessory to tho principal dwolling unit and may bo
attached or detached.12
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
. - • lie Occupations
(A) General Standards
1 -.. a Requirements-
1°There has been a long standing Department interpretation that an efficiency apartment shall be allowed only as
a customary accessory use to a single-family residence. The rationale is to ensure we are complaint with
established density and lot size requirements already detailed within the UDO. This amendment merely seeks to
incorporate this interpretation into the UDO.
11 Staff has heard concerns that 800 square feet of gross floor area does not afford sufficient space for both
storage and living space. Staff is recommending adding clarifying language allowing for a maximum of 200 square
feet of storage space and 800 square feet of heated/cooled living space.
12 Given the proposed modification detailed in number 1 of this section,this standard is redundant.
Orange County, North Carolina—Unified Development Ordinance Page 5-35
Article 5: Usk
Section 5.5: Standards for Residential Uses
ii. Existing vegetation provides suitable scree,mg
of the accessory structure from all adja -nt
properties.
e. New accessory structures built for the p '•ose of
conducting a home occupation shall . exceed square
footage allowances referenced in -ction
5.5.3.A(2)(e)(iii)a.
f. An existing accessory struc .re which is larger than the
permitted size reference. in Section 5.5.3.A(2)(e)(iii)a
may be used for the . e occupation provided that no
more than the per .' ted amount of square feet is used
for the home oc pation and the area is physically
separated by - alls or other barriers. In order to qualify
as an exis g accessory structure for the purpose of
conduc g a home occupation, the structure must have
b�- onstructed to meet building code requirements
a.. ..ble to a residential accessory structure, and must
ave b- in existence for at least 36 months.
(iv) U of Outdoor Stor:;e Space
a. Up to 500 squar- eet of outdoor storage area may be
permitted in conjun 'on with major home occupations
provided that it is:
Clearly defined on •e site plan and on the
ground.
ii. Setback standards for out..or storage space
shall be determined with the ...roved Special
Use Permit and in no case be le than 40 feet
from all property lines; and
iii. Totally screened from the view from the lad
and from adjacent property in the same ma er
required for accessory buildings.
5.5.4 Home Park Mobile Home Dark
(A) Standards for-PA-HP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes and/or Temporary Residential Units, as defined by
this Ordinance, the following accessory structures and uses shall be permitted
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the ms-19-i-l-e-h-eme
k-Home Park in which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the Home Park in which they are located.
(e) Storage buildings for individual e home—s-paGesHome Park Spaces
and intended for the exclusive use of the Home Park Space occupants of
the e home-moe-shall be permitted. Such accessory structures
shall meet required setbacks from adjacent structures-.
Orange County, North Carolina-Unified Development Ordinance Page 5-40
Article 5: Usk
Section 5.5: Standards for Residential Uses
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes and/or Temporary Residential Units already
located on approved and established Home
Park Spaces.
(2) - - e " " - - - - Home Park Space Requirements13
(a) A Home Park shall be divided into iledome
spaces,individual Home Park Spaces, each Home Park Space having an
area of at least 5,000 square feet and a minimum width of at least 50
feetand width consistent with Section 3.8. How, theThe Orange
County Health Department may increase the minimum area
requirements for the park and/or individual stand spaces Home Park
Spaces where necessary to be consistent with groundwater resources
and/or the limitations of providing sewage disposal systems for the
proposed mobile home park.
(b) Only one mobile home or Temporary Residential Unit and its customary
accessory buildings may be erected-located en-within any mobile-home
standspaco Home Park Space at one time. Additional Efficiency Units or
Temporary Residential Units shall not be permitted within an occupied
Home Park Sspace.
(c) No permanent mobile homes or Temporary Residential Units, or other
accessory structures, shall be permitted within a Home Park Space.
{3) Mobile Home Stand Roquiromonts
(a) Each mobile home must be placod on a pormanont stand in accordanco
with the following specifications:
(b)(d) The location of each Home Park Space must be at
an elevation, distance and angle in relation to the adjacent access drive
or street such that placement and removal of the mobile home or
Temporary Residential Unit is practical by means of customary moving
equipment.
(c)(e) The surface of each mobile home Home Park Space and the area
around it shall be graded where necessary to provide proper drainage
and prevent the accumulation of water.
(d)(f) Each Home Park Space shall have a solid base
surface consisting of at least three inches of compacted fill dirt, crusher
run or Chapel Hill gravel, or paved slab, and it shall comply with those
standards specified in the State of North Carolina Regulations for Mobile
Homes and Modular Housing. Prior to installation of the base surface, all
top soil shall be removed from the area to be occupied by the mobile
home or Temporary Residential Unit .
{4}(3) Unit Separation Requirements14
13 Staff has modified the proposal to address Attorney concerns that the existing UDO and various text changes
have confusing and/or conflicting use of the terms"space", "stand", "stall",and/or"utility."Staff now proposes to
consolidate this list with distinctions between space requirements and unit separation requirements.
14 Staff recommends changing this to clarify that the separation requirements are for the unit(e.g., mobile home,
RV).Current UDO and various changes were ambiguous.
Orange County, North Carolina-Unified Development Ordinance Page 5-41
Article 5: Usk
Section 5.5: Standards for Residential Uses
The following separation requirements shall pertain to every mobile home , single
and Temporary Residential Unit within a mobile-home park.
(a) Each mobile home or Temporary Residential Unit shall be located at
least 20 feet from another mobile home or Temporary Residential Unit
and/or building within the mobile-home park, external to the individual
For purposes of determining separation
requirements, all attached structures, including storage buildings,
carports and covered porches, will be considered part of a mobile home
or Temporary Residential Unit.
(b) Each mobile home or Temporary Residential Unit shall be located at
least 22 feet from the right of way line or edge of pavement of an access
drive or street providing access to the space on which the mobile home
or Temporary Residential Unit is located, whichever is greater.
(c) A detached accessory structure located within an individual me4i-l-e-14Gme
stand space and intended for the use of the occupants of the spaco
Home Park Space shall be located at least five feet from any mobile
home or Temporary Residential Unit or other building.
{5}(4) Installation of Individual Units
(i) Mobile Homes
a. Each mMobile homes unit shall be set up and installed in
accordance with standards specified in the State of
North Carolina Residential Code and other rRegulations
for Mobile mod-Modular Housing.
b. The owner/operator of a ewe-home park shall
designate a uniform type of solid foundation enclosure or
skirting fully enclosing the crawl space beneath each
mobile home . Foundation
enclosures or skirting must be installed in accordance
with applicable standards of the North Carolina State
Building Code and, in any event, within 90 days of
placement of a mobile home on a mobile home space.
c. Access shall be provided to all entrances of a mobile
home by way of steps (including handrails)and shall be
permitted and installed in accordance with the standards
of the North Carolina State Building Code. Where the
residents of a mobile home choose to install decks
adjacent to entrances, the mobile home will be required
to have steps and handrails which meet the standards of
the North Carolina State Building Code until the decks
are completed.
(ii) Temporary Residential Units
a. Each Temporary Residential Unit shall be set up and
installed in accordance with standards specified in the
State of North Carolina Regulations for Recreational
Vehicle (RV) Park Model units.
b. Access to all entrances that are provided via permanent
porches and/or steps to the unit shall be installed in
accordance with the standards of the North Carolina
State Building Code.
{6}(5) Vehicular Access for HP-CZ Districts
Orange County, North Carolina—Unified Development Ordinance Page 5-42
Article 5: Usk
Section 5.5: Standards for Residential Uses
(a) Each me4i-l-e-lasnaeindividual space shall abut an improved access drive
or street approved by the County.
(b) No meb4e-14emeindividual space shall have direct vehicular access to a
street or thoroughfare other than those located within the mobile home
park.
(c) The street layout within the Home Park should be
appropriately related to the topography, locations of abutting land uses,
drainage patterns, street function and other natural features of the site.
(d) The planned layout of streets should minimize overall length of streets
and provide for the safe, continuous flow of traffic within the mobile home
(e) All streets shall be located within a 40 foot
right of way
(f) The travelway for all streets shall be at least 18 feet in width and must
comply with the drainage standards established in this Ordinance.
(g) All streets shall be constructed with paved, all-weather surfaces
consisting of four inches of base material (crusher run)and 1 '/ inches of
1 2 asphalt or tar and gravel surface treatment consisting of a minimum
of six inches of base material (crusher run) covered with alternating
layers of tar and pea sized gravel.
(h) Every street within a mobile home park shall have a maintained six foot
wide shoulder running parallel and adjacent to each side of the paved
street surface. The shoulder section may be used for walkways,
driveways, grass or low growing vegetative ground cover or utility rights
of way.
(i) The maximum length of a cul-de-sac shall be 800 feet. Cul de sacs shall
have a paved turnaround radius of 45 feet with a right of way radius of 55
feet.
(i) No street shall intersect another street at an angle less than 60 degrees.
(k) The turning radius at street intersections shall not be less than 30 feet.
(I) Offset intersections are to be avoided, but where permitted, they shall be
separated by a minimum distance of 200 feet between street centerlines.
(m) Where strcctcStreets - -e - --e e - -e--- e- intersectinj with a
State maintained street, the intersection design shall conform to the
standards of the North Carolina Department of Transportation specified
in Subdivision Roads Minimum Construction Standards.
(n) Required off street parking spaces must be surfaced with at least four
inches of compacted crushed stone or an all weather paved surface.
{74(6) Signs
(a) Any sign erected on-site shall comply with the standards established in
Section 6.12 of this Ordinance.
(b) Traffic control signs (stop, yield, speed limit, children playing signs, etc.)
meeting the standards of the Uniform Traffic Control Manual shall be
placed throughout the mobile home park where necessary. Cul-de-sacs
shall have `Dead End' street signs erected at the entrance to such
streets.
f8 (7) Street Names, Signs & Unit "'u dmberingAddressing
(a) All street names shall be approved by the Orange County Planning
Department and Land Records staff.
Orange County, North Carolina-Unified Development Ordinance Page 5-43
Article 5: Usk
Section 5.5: Standards for Residential Uses
(a)(b) and &Street signs shall be located and constructed to Orange County
standards- All street signs muctand shall be installed outside the right-
of-way at all intersections.
(b)(c) Each applicant must shall submit to the Planning Department and Land
Records for approval a molai-l-e-h-ome-space and/or stall
e: •_ e-- _ _••addressing system
•= -- _ •-••e_ -.. _••e e -e e consistent
with the Orange County Addressing Ordinance. Upon approval of the
mob e-home park, the applicant shall submit an approved copy of
the space numbering/location systemaddressinq plan to the emergency
services/fire protection agency responsible for providing such services to
(c)(d) Each molai-l-e-home space shall have a permanent site numberaddress
sign consistent with the followinq:erected in accordance with the Orange
County Addressing Ordinance.'
(i) The site number sign shall be composed of rofloctivo matorials.
or contrasting colors,
(ii) The�number on the sign shall be at least six inches or greater in
(iii) The sign shall be affixed to the mobile home whcn the unit it-,
(iv) The number on the sign shall match that numbor assignod to tho
space on the approved space numbering/location system plan.
{9)(8) Grounds and Buildings
(a) The grounds shall be maintained free of litter,
debris and trash, including but not limited to abandoned appliances,
automobiles, building materials or similar materials.
(b) Grounds, buildings and storage areas shall
be maintained to prevent the growth of ragweed, poison ivy, poison oak
and other noxious weeds.
{4-0}(9) Mail Facilities
(a) Within each HP-CZ district shall provide a clustered
mail delivery system, in compliance with the appropriate postal service
guidelines. Applicants for approval of a mobile home park shall consult
the appropriate agency for the specific requirements of this system.
(b) Access to the mail delivery facility must be designed to allow three to
four cars to stop at the mail delivery facility without conflict from passing
vehicles.
{1)(10)Garbage & Refuse Collection
(a) All garbage and refuse for individual mobile homes in each park shall be
stored in suitable waterproof and rodent proof receptacles which shall be
kept covered with tightly fitting lids.
(b) A central collection system must shall be provided within the park either
through a private collection system e '-_ . ___ --cc. - -e--- for
individual spaces or through the use of bulk containers (dumpsters).
15 Language simplified and grammatically corrected consistent with the County's Attorney office suggestions in
order to ensure legal sufficiency.
Orange County, North Carolina—Unified Development Ordinance Page 5-44
Article 5: Us55
Section 5.5: Standards for Residential Uses
(c) Where bulk containers are used, there must be at least one four cubic
yard bulk container for ach every 16 mobile h„mesindividual spaces,
which shall be emptied weekly. For Within the HP-
CZ district, parks with less fewer than 16 mss-spaces shall be required
to provide-one container is required.
(d) Bulk containers shall be front loading wherever practicable. A side-
loading container may be allowed where a front-loading container is not
feasible and the property is accessible to a regular route of a side-
loading refuse collection vehicle.
(e) Where bulk containers are provided, a six inch reinforced concrete pad
shall be provided to set the set container and also support the front
wheels of the truck during the loading operation. The pad shall be 10
feet in width and 20 feet in length with at least 10 feet of the pad
accessible for the truck to drive onto in front of the dumpster container
for front loading pickup. If side loading containers are used, the pad may
be 12 feet in width and eight feet deep with no projection for the truck
wheels.
(f) Bulk refuse containers (dumpsters) shall be screened in accordance with
the provisions of Section 6.8.9 of this Ordinance.
{12)(11)Operations
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the mo19ile-H#ome ark.
{13}LQRecreation Areas and Facilities
Recreation areas shall be provided in accordance with the Land Use Intensity
System included in Sections 6.3 and 7.11 of this Ordinance.
{1-4}r Buffers and Landscaping
(a) All spaces must be located at least 100 feet from any
property line, not including street right-of-ways, regardless of the zoning
district. The disturbance of land within the 100 foot buffer is prohibited.
(b) Existing vegetation within the 100 foot buffer must be retained and
additional plantings may be required to meet the Type F buffer
standards, established in Section 6.8.6 of this Ordinance, along the
perimeter of the site.
(c) spaces must be set back 40 feet from a public
street right-of-way. The disturbance of land and existing vegetation
within the setback area is prohibited and additional plantings may be
required to meet the standards for a Type C buffer.
{15}UkUtilities
(a) All utility installations shall comply with applicable building and health
codes of Orange County and the State of North Carolina, and the
requirements of the North Carolina Utilities Commission
(b) Temporary Residential Unit utility services shall meet applicable State of
North Carolina Building Code and HUD requirements.
(c) An adequate and safe potable water supply shall be required for th'
mobile home park from either a municipal or public water system. When
a municipal or public system is not available, the mobile home park must
be serviced by a supply approved in accordance with State and local
regulations.
(d) An adequate and safe method of sewage disposal shall be required for a
Collection systems, sewage treatment facilities, or
Orange County, North Carolina—Unified Development Ordinance Page 5-45
Article 5: Usk
Section 5.5: Standards for Residential Uses
individual septic tank systems shall be approved in accordance with
State and local regulations.
(e) Street lighting shall be provided at each street intersection and
throughout the me4i-l-e-14eme-park. Where the distance between street
intersections exceeds 500 feet, additional street lights may be required.
(f) All permanent utility systems shall be located underground, and
easements necessary for water, sewer, gas, electrical, cable TV,
stormwater, and other permanent or temporary utility systems and their
connection pedestals shall be shown on the mobile-home park plans.
5.5.5 Existing Mobile Home Parks
(A) General Standards of Evaluation
(1) Existing mobile home parks that do not meet the standards set forth in this
Ordinance shall be considered non-conforming.
(2) Existing Mobile Home Parks that convert spaces or stalls to accommodate
Temporary Residential Units must meet applicable standards of this section and
Section 2.5.
(3) Non-conforming parks shall not expand in any way, beyond the existing
developed portions, but shall be allowed to remove and replace units existing
within the park at the time of adoption of this section.
(4) Only the replacement of units on an existing mobile home space shall be
permitted, provided the following conditions are met:
(a) The total number of units does not exceed the number existing at the
time that the mobile home park became non-conforming; and,
(b) The existing waste treatment system is functioning properly.
(5) Removal and replacement of such units shall not be considered expansion of the
non-conforming use.
(6) New mobile home parks or portions of existing mobile home parks that have
been previously approved, but have not constructed substantial improvements,
including, but not limited to, water systems, roads, parking areas, recreational
facilities and mobile home pads, or do not have sewage disposal systems
installed by the date of adoption of this section shall meet all applicable
standards for new mobile home park as set forth in this Ordinance.
5.5.6 Mobile Homes on Individual Lots
(A) General Standards of Evaluation
(1) Mobile homes, as principal residential buildings on individual lots, in existence at
the time of the adoption of this section may be improved by replacement of the
mobile home with another mobile home in accordance with the following:
(a) The number of mobile home units may not be increased beyond the
number in existence before replacement.
(b) The replacement mobile home must not create non-
conforming yards or setbacks.
(c) Replacement mobile home units on individual lots are not required to
meet lot area and dimensional or lot coverage standards, but must meet
setback requirements as well as those requirements specified in
Subsections (4)and (5) below, if applicable.
(2) Individual mobile homes may be erected on any lot where the use is permitted,
provided it is in compliance with the requirements of the zoning district and all
Orange County, North Carolina-Unified Development Ordinance Page 5-46
Article 5: Usyp
Section 5.5: Standards for Residential Uses
other applicable regulations. These zoning requirements include, but are not
limited to: lot area and dimension; front, rear, and side yard setbacks; and lot
coverage.
(3) Individual tracts of land may be created for the purpose of erecting a mobile
home provided all requirements of this Ordinance, and any other applicable land
development standards are met.
(4) In addition to the requirements contained in Subsections (1) through (3) above,
the following requirements must be met in the Residential 1 (R-1) District:
(a) The mobile home must be placed on a permanent support system (See
definition of"support system", Article 10 of this Ordinance).
(b) The mobile home must be skirted.
(5) In addition to the requirements contained in Subsections (1) through (3) above
the following requirements must be met in the Agricultural Residential (AR)
district:
(a) The mobile home must be skirted.
(b) The home may be placed on a permanent support system, if desired. If
a solid concrete or masonry perimeter foundation is used, the exterior
covering material shall not extend below the top of the foundation.
(6) Temporary mobile homes installed in accordance with the Table of Permitted
Uses are exempt from the support system requirements established in
Subsections (4) and (5) above. However, skirting is required and the mobile
home must be connected in conformance with all applicable laws and
regulations.
5.5.7 Group Care Facility
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements—
In addition to the information required by section 2.7, the following ormation
shall be supplied as part of the application for approval of this e:
(a) A description of the type of persons to be cared . and the nature of the
care to be provided.
(b) structural alterations to existing stru fires or new construction is
reg.' ed, a complete description o e nature and extent of these
alterations or new constructio
(2) Standards of Evalua —
(a) The proposed use of within 500 feet of another existing Family Care
Facility or Gro . Care -cility.
(b) Structur. alterations shall b- 4f such a nature as to preserve the
resig- tial character of the builds *.
(c) a state license or permit is required t. g Berate such a facility, the
standards necessary to qualify for such a p: mit have been met.
5.5.8 Residenti. otel, Dormitory, Fraternity, Sorority, and Religious Quart-
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements—
Orange County, North Carolina—Unified Development Ordinance Page 5-47
Article 10: Definition
Section 10.1: Definitions
'storic structure
An tructure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by th; .S.
b-partment of Interior) or preliminarily determined by the Secretary of Interior as me- ing the
requirements for individual listing on the National Register;
b) Certifi_• or preliminarily determined by the Secretary of Interior as contributing • the historical
significa e of a registered historic district or a district preliminarily determin-. by the Secretary
to qualify a . registered historic district;
Individually lis -d on a local inventory of historic landmarks in commun. .es with a "Certified Local
Government (CL, Program,"which has been approved by the Department of the Interior; or
Certified as contrib •ng to the historical significance of a historic ► strict designated by a
community with a "Ce •fied Local Government (CLG) Progra ". (CLG Programs are approved
by the US Department o e Interior in cooperation with the forth Carolina Department of
Cultural Resources through e State Historic Preservati. Officer as having met the
requirements of the National toric Preservation Act d 1966, as amended).
Holiday Decoration
Holiday displays, decorations and greetings, w •ch re . e to any federally designated holiday, legal
holiday or religious holiday.
-ome Occupation, Major
An accessory business use which is owned and operated . the resident of the property, located on a
single parcel of land at least five acres size in the AR and -1 zoning districts, and is clearly incidental
and subordinate to the principal resi. -ntial use of the property. ,4ajor home occupations, which do not
meet the standards of a minor ho •e occupation, shall accommod. - for larger scale accessory business
uses by allowing for an increas- in square footage, number of onsite :mployees, students, customers,
clients, and annual events w. an approved Class B Special Use Perm
Home Occupatio , Minor
An accessory busin- s use, which is owned or operated by the resident of resid- tially-zoned property,
and is clearly incidental and subordinate to the principal residential use of the prop- ty.
Hotel, M; el, Motor Lodge, Motor Inn, Inn, Tourist Court
A buildi . or group of attached or detached buildings containing, in combination, ten or mor lodging
units .r ten or more dwelling units intended primarily for rental or lease to transients by the da, or week,
as distinguished from multi-family dwellings, rooming houses and residential hotels in which rent. and
-ases are for weekly or longer periods and occupants are generally residents rather than transient
Home Park16
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5.4 for the placement of mobile homes and Temporary Residential Units for use
during the duration of the lease.
Home Park Space17
A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary
Residential Unit and for the exclusive use of the occupants of said dwellings.
Hotel, - : - • '
A building or group of attaches • :_ - .ed buildings containi . sination, ten or more lodging
units available for occupancy only for period e or longer, provided, however, that temporary
lodging units for guests s enants may be provided in any r- -• otel, with number of such
units •• -: . I% of the number of tenant lodging units.
16 Language revised to simplify and avoid ambiguity consistent with recommendations from the County's Attorney
office to ensure legal sufficiency.
17 Language revised to simplify and avoid ambiguity consistent with recommendations from the County's Attorney
office to ensure legal sufficiency.
Orange County, North Carolina—Unified Development Ordinance Page 10-17
Article 10: Definitia39
Section 10.1: Definitions
Skirting is required, an. - •• - home must be connected to the required . v' is include the
plumbing, heating, air conditioning and elec - ••111 •• -. erein, provided the unit is not
installed for the purpose of storage. T - • --•- ounty Healt '-.- •-• all determine what type of
sewage disposal s -•• -..ropriate. If the unit is installed for the purpose of storage, . -••- -
s.••••o -.uired, connection to the required utilities (listed above) is optional.
Mobile Home Dark18
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5A for the placement of mobile homesfor non transient (placement for the duration of
the lease) use.
Mobile Home Space/I ot19
exclusive use of the occupants of said mobilc homc. Mobilc Homc Spacc shall also mean a parcel of
land in a mobile home park, provided with the necessary utility connections,
nb�le homo
odular Home
A d ,-fling unit constructed in accordance with the construction standards of North Carolina U .rm
Reside 'al Building Code for One- and Two-Family Dwellings and composed of componen
substantia assembled in a manufacturing plant and transported to the building site for al assembly
and placemen in a permanent foundation. Without limiting the generality of the fores.ing, a modular
home may consis if two or more sections transported to the site each on its own assis or steel frame,
or a series of panels • room sections transported to the site on a truck and ere ted, assembled, or joined
I there.
Motor Vehicle Maintenan. - and Repair
An establishment where the followi . services are available:
a) Body work,
b) Straightening of body parts,
c) Painting,
d) Welding,
e) Storage of motor vehicles not in operafP. co•.ition.
Motor Vehicle Repair Garage
An establishment where the followin. ervices are available: ma'•r mechanical repairs, including engine
overhaul, and transmission work. repair garages can also offer se ■• es similar to service stations.
Motor Vehicle Servi • Station
An establishment where gasoline, diesel oil and/or other fuel for internal comb ion engines is supplied
and dispersed at re . and where, in addition, the following services may be rend- -d and sales made
and no other:
a) Sale . d servicing of spark plugs, batteries and/or distributors and ignition syste - parts;
b) S-. e, servicing and repair of tires, but not recapping or regrooving;
c) replacement of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, wind ..eld
wipers and blades, grease retainers, wheel bearings and the like;
d) Radiator cleaning, flushing and fluid replacement;
18 Term removed and redefined under Home Park consistent with recommendations from the County's Attorney
office to ensure legal sufficiency.
19 Term removed and redefined under Home Park Space consistent with recommendations from the County's
Attorney office to ensure legal sufficiency.
Orange County, North Carolina—Unified Development Ordinance Page 10-28
Article 10: Definitic
Section 10.1: Definitions
blic Bode
Any ••vernment or governmental agency of the Orange County, the State of North Carolina, o e
United : es of America.
'ublic Intere Area
Land which contains . blic or quasi-public uses such as state parks, research •rests or known
archaeological or histori sites.
'ublic Safety Hazard an• Nuisance
Anything, which is injurious to the sa : or health of an Oran.- County neighborhood, or any
considerable number of persons, or unla , ully obstructs t free passage or use, in the customary
manner, of any navigable lake, or river, bay, eam, c al, or basin.
Public Vehicular Areas
Street in a platted subdivision which are ..-n for vehicu . traffic and have been offered for dedication to
the public and where the offer for ded.•.tion has not been ac.-•ted.
Recreation Space
Exterior area appropriate . improved for common recreational use. Part • total and livability open space.
Recreation S• •ce Ratio
Recreation s•-ce ratio is the minimum square footage of open space in residential a =.s, suitable by
location, e, shape, access and improvements, required for each square foot of gross I.•• area. This
area a public or private exterior area improved for recreation of all residents, having a leas •imension
o 0 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet.
Recreational Vehicle (RV)
A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing
short term recreational living accommodations, designed primarily not for use as a permanent dwelling,
but as temporary living quarters (i.e., for 180 days or less)for recreational, camping, travel, or seasonal
use.20
Recr- : 'onal Facilities
A use of property . curring indoors and/or outdoors providing recreational ameni , activities, or
services for compens. '.n. Activities shall include, but not be limited to: spo played on a court,
amusement arcades, bow -• alleys, skating rinks, shooting ranges, bi d and pool halls, paintball, rope
climbing or obstacle courses, g. ,art or motor cross tracks, exerci centers including aerobic and yoga
studios, athletic facilities, and gymn. •ums.
Reference level
The portion of a structure or other developm-• ha gust be compared to the regulatory flood protection
elevation to determine regulatory compl.-, ce. For struc . es within Special Flood Hazard Areas
designated as Zone AE, the refere.-- level is the top of the • est floor.
Regulatory flood • : ection elevation
The Base Flood El=..tion plus the Freeboard establishes this elevation. In •ecial Flood Hazard Areas
where Base F .•d Elevations have been determined, this elevation shall be the e Flood Elevation
plus two --t of freeboard.
ehabilitative Care Facility
20 Language revised to simplify and avoid ambiguity consistent with recommendations from the County's Attorney
office to ensure legal sufficiency.
Orange County, North Carolina—Unified Development Ordinance Page 10-34
Article 10: Definitic
Section 10.1: Definitions
A mobile home, r o-• or residential use for a limited period of time, for • ..--- • providing
temporary residential space during _ • allation of a re•I. -••- osile home or construction of a
stick-built or modular residential unit on th- _ -- •-, -•• or 30 days after the issuance of Certificate of
Occupancy for the perm.•-• . . he temporary mobile home i _ .ched to a permanent or semi-
perma -• • •a ion.
Temporary Residential Unit
A residential unit occupied for no more than 180 days and connected to temporary utility services. The
term includes recreational vehicles, travel trailers, recreational park trailers, FEMA trailers, etc.
-mporary Use Building
A •. ilding, not intended for residential use, consisting of one or more modules constructed off the JItimate
site o use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Yea Transition Land
Land locate. areas that are in the process of changing from rural to urban densities a/o/or intensities,
that are suitabl: for higher densities and/or intensities and could be provided with pub• utilities and
services within th_ first 10-year phase of the Comprehensive Plan update or where - ch utilities and
services are alread 'resent or planned. Non-residential uses implemented in ac'.rdance with small
area plans and/or ove .y districts may be appropriate.
Tourist Home
A building or group of attachee or detached buildings containing, in come nation, three to nine lodging
units for occupancy for daily or ,-ekly periods, with or without board, -.nd primarily for occupancy by
transients, as distinguished from r.•ming houses, in which occupa 'y is primarily by residents rather than
transients.
i raffic Generation: Low
Uses which generate an average of less tha' 200 vehicle ips per day.
Traffic Generation: Medium
Uses which generate an average of between 200 .' • 800 vehicle trips per day.
Traffic Generation: High
Uses which generate an average of more t :n 800 vehicle ips per day.
Transmission Lines
a) For lines carrying electrical - ergy, transmission lines are ose which carry 45,000 volts or more.
b) For lines which carry liqui• or gases, transmission lines are ose operating or designed to
operate at pressures of c.ne hundred pounds per square inch o greater.
A structure that is:
a) Intended to be ransported over the streets and highways (either as a mo or vehicle or attached to
or hauled by . motor vehicle), and
b) Designed or temporary use as sleeping quarters, but that does not meet the .-finition of a
manufat ured home.
Tree, Dd
Diamete .t breast height of a tree, which is measured at 4.5 feet above ground surface level.
rr- -, Critical Root Zone
-ire minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root
ass to give a tree a reasonable chance of survival. The critical root zone is approximately one foot of
radial distance for every inch of tree's DBH, with a minimum of eight feet.
Orange County, North Carolina—Unified Development Ordinance Page 10-60
62
2030 COMPREHENSIVE PLAN AMENDMENTS
APPENDIX F
63
Appendix F: Land Use and Zoning Matrix
ppendix F. Relationships Between Land Use
Classifications and Zoning Districts
Per th- Orange County Unified Development Ordinance, zoning districts ar• applied
to Land se classifications and overlays in accordance with this appendi . A matrix
is provid-. at the end of this appendix that links the zoning districts to the land
use classifi .tions and overlays listed.
TRANSITION ND USE CLASSIFICATIONS
CHAPEL HILL A I CARRBORO TRANSITION
On November 2, 1187, a Joint Planning Agreement was adopt:. by Orange County
and the Towns of apel Hill and Carrboro. The Agreeme became effective on
November 14, 1988, ollowing the adoption, by Orange aunty, of zoning plans
prepared by the two unicipalities for their respective Transition Areas. The
applied zoning districts :re those contained in the Chapel Hill Land Development
Ordinance and the Carrbo • Land Use Ordinance, and .re consistent with the land
use plan categories contai ed in the Orange Coun Chapel Hill Carrboro Joint
Planning Land Use Plan. Re :rence should be mad• to the appropriate municipal
ordinance and zoning map .r a description 'f the districts and applicable
development standards. Under the terms of t►e joint Planning Agreement, the
Towns of Chapel Hill and Carrbors are responsiale for permit administration within
their respective Transition Areas.
10-Year Transition
Identifies areas changing from rural to an in form and density. All densities of
residential development would be appr. : iate. Non-residential uses implemented
in accordance with small area plans . d/. overlay districts may be appropriate.
The applied zoning districts include R-1 'ural Residential); R-2 (Low Intensity
Residential), R-3 (Medium Intens' y Reside tial), and R-4 (Medium Intensity
Residential); and R-5 (High Intens' y Residentia , R-8 (High Intensity Residential),
and R-1 3 (High Intensity Resident'.I) residential us:s, and Zoning Overlay Districts.
20-Year Transition
Identifies areas changing fro rural to urban in form :nd density. All densities of
residential development .uld be appropriate. Th: applied zoning districts
include: R-1 (Rural Residential); R-2 (Low Intensity '-sidential), R-3 (Medium
Intensity Residential), d R-4 (Medium Intensity Resi.-ntial); and R-5 (High
Intensity Residential), '-8 (High Intensity Residential), an. R-13 (High Intensity
Residential) residenti. uses.
COMMERCIAL TR SITION ACTIVITY NODE
Identifies areas c anging from rural to urban in form and density. A full range of
intensities of cs mercial development would be appropriate. The .pplied zoning
districts inclu•e: LC-1 (Local Commercial); NC-2 (Neighborhood Corn lercial); CC-3
(Community ommercial); GC-4 (General Commercial); and O/RM (Offi.e/Research
and Manuf. turing).
COMME CIAL INDUSTRIAL TRANSITION ACTIVITY NODE
Identif•s areas changing from rural to urban in form and density. A full ra •e of
corn ercial and industrial activities would be appropriate and allowed. The applied
zon' g districts include: I-1 (Light Industrial); 1-2 (Medium Industrial); 1-3 (He.vy
In.ustrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-,
0 rcw e'Cc-witty Co-vvprthe meDve'Pla.w Page F-1
64
Appendix F: Land Use and Zoning Matrix
(Co 'munity Commercial); GC-4 (General Commercial); and O/RM (Office/'esearch
and .nufacturing).
ECONO ■IC DEVELOPMENT TRANSITION ACTIVITY NODE
Identifies -reas along major transportation corridors that may be in p oximity to 10-
Year or 20- ear Transition areas of the County which have been spe'ifically targeted
for economi• development activity consisting of light industrial, distribution, flex
space, office, -nd service/retail uses. Such areas are located ad'.cent to interstate
and major arte '.l highways, and subject to special design crit- is and performance
standards. The a. 'lied zoning districts are EDB-1 (Economic •-velopment Buckhorn
Lower Intensity), 0B-2 (Economic Development Buckhorn igher Intensity), EDE-1
(Economic Develop ,ent Eno Lower Intensity), EDE-2 (Eco omic Development Eno
Higher Intensity), ED -1 (Economic Development Hillsbor%ugh Linear Office), EDH-2
(Economic Developm.nt Hillsborough Limited • fice), EDH-3 (Economic
Development Hillsboro !h Limited Office with Residential), EDH-4 (Economic
Development Hillsboroug' Office), and EDH-5 (Econo is Development Hillsborough
Office/Flex).
RURAL LAND USE CLASSIFICA IONS
RURAL BUFFER
Only very low density residential, a• icultur. uses exempt from zoning regulations,
and low-intensity agricultural suppor, use are appropriate in the Rural Buffer. The
applied zoning district is RB (Rural Bu -r .
RURAL RESIDENTIAL
Identifies rural areas to be develope,, as •w intensity and low density residential.
The applied zoning district is R-1 (' ,ral Resi"ential).
AGRICULTURAL RESIDENTIAL
Agricultural activities and asso ated residential .nd commercial uses predominate.
The applied zoning district- reflect this pri ary land use and include: AR
(Agricultural Residential) an• AS (Agricultural Servi -s).
RURAL COMMUNITY ACT ITY NODE
Identifies rural crossroa•s communities throughout t - County where small scale
commercial activities s:rving the community and surrou ding area are appropriate.
The applied zonin• districts include: LC-1 (Local ommercial) and NC-2
(Neighborhood Corn ercial).
RURAL NEIGHBO7 HOOD ACTIVITY NODE
Identifies areas in the County where small scale commerci. uses serving the
population in , e surrounding area are appropriate. The appli-• zoning districts
include: LC-1 Local Commercial) and NC-2 (Neighborhood Comme ial).
RURAL IN P STRIAL ACTIVITY NODE
Identifies rural areas in the County where small scale industrial activi '-s would be
appropriate. The applied zoning district is I-1 (Light Industrial).
OVE AYS
PU LIC INTEREST AREA
T ese lands are considered valuable for recreational and research purposes an. are
:fforded special treatment. The applied zoning district is PID (Public Inte -st
District).
Orcurtge&Co ,nty Cawprehen,si ve t la.ry Page F-2
ppendix F: Land Use and Zoning Matrix
ZONING DISTRICTS
N
N x o A N N
Land Use Classifications& vi O
Overlays 0� 1 W Z U C7 W o .: 04 1 W w w °w d z O 1 a d
Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement-
Carrboro Transition Contact a Proviriate MuniciDalitv for ai3i3licable Zo ine Standards
10-Year Transition
20-Year Transition
a
° Commercial Transition
C
Activity Node
Commercial-Industrial
F" Transition Activity
Economic Development
Transition Activity Node
Rural Buffer
Rural Residential
Agricultural Residential
L Rural Community Activity
o
a
Node
Rural Neighborhood
Activity Node
Rural Industrial Activity
Node
Public Interest Area
0
The title of the district is being modified consistent with the proposed UDO text amendments.
rn
V,
Ora+Lq�e,Cmtnty CanLPrehev�e PLaw Page F-3
66
2030 COMPREHENSIVE PLAN AMENDMENTS
APPENDIX F
67
0 Appendix F: Land Use and Zoning Matrix
ppendix F. Relationships Between Land Use
Classifications and Zoning Districts
Per th- Orange County Unified Development Ordinance, zoning districts ar• applied
to Land . se classifications and overlays in accordance with this appendi . A matrix
is provid-• at the end of this appendix that links the zoning districts to the land
use classifi .tions and overlays listed.
TRANSITION k A ND USE CLASSIFICATIONS
CHAPEL HILL A ' CARRBORO TRANSITION
On November 2, 1 '87, a Joint Planning Agreement was adopt:. by Orange County
and the Towns of apel Hill and Carrboro. The Agreemen became effective on
November 14, 1988, ollowing the adoption, by Orange •unty, of zoning plans
prepared by the two 1 unicipalities for their respective Transition Areas. The
applied zoning districts :re those contained in the Cha'4e1 Hill Land Development
Ordinance and the Carrbo • Land Use Ordinance, and .re consistent with the land
use plan categories contai ed in the Orange Coun Chapel Hill Carrboro Joint
Planning Land Use Plan. Re :rence should be mad ' to the appropriate municipal
ordinance and zoning map •r a description 'f the districts and applicable
development standards. Under the terms of t►e Joint Planning Agreement, the
Towns of Chapel Hill and Carrbor• are responsiale for permit administration within
their respective Transition Areas.
10-Year Transition
Identifies areas changing from rural to ,Aan in form and density. All densities of
residential development would be appr•: iate. Non-residential uses implemented
in accordance with small area plans . d/• overlay districts may be appropriate.
The applied zoning districts include R-1 'ural Residential); R-2 (Low Intensity
Residential), R-3 (Medium Intens. y Reside tial), and R-4 (Medium Intensity
Residential); and R-5 (High Intens. y Residentia , R-8 (High Intensity Residential),
and R-13 (High Intensity Resident..I) residential us:s, and Zoning Overlay Districts.
20-Year Transition
Identifies areas changing fro' rural to urban in form .nd density. All densities of
residential development •uld be appropriate. Th= applied zoning districts
include: R-1 (Rural Residential); R-2 (Low Intensity • -sidential), R-3 (Medium
Intensity Residential), . d R-4 (Medium Intensity Resi•-ntial); and R-5 (High
Intensity Residential), '-8 (High Intensity Residential), an. R-13 (High Intensity
Residential) residenti. uses.
COMMERCIAL TR A SITION ACTIVITY NODE
Identifies areas c anging from rural to urban in form and density. A full range of
intensities of c. mercial development would be appropriate. The .pplied zoning
districts inclu.e: LC-1 (Local Commercial); NC-2 (Neighborhood Com ercial); CC-3
(Community ommercial); GC-4 (General Commercial); and O/RM (Off',e/Research
and Manuf. turing).
COMME'CIAL INDUSTRIAL TRANSITION ACTIVITY NODE
Identifi •s areas changing from rural to urban in form and density. A full ra •e of
com ercial and industrial activities would be appropriate and allowed. The applied
zon. g districts include: I-1 (Light Industrial); 1-2 (Medium Industrial); 1-3 (He.vy
In.ustrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-I
0 ra v e,Co-u.vtty Co- 0v"-vve/t'la.w Page F-1
68
;�_ Appendix F: Land Use and Zoning Matrix
(Co lmunity Commercial); GC-4 (General Commercial); and O/RM (Office/'esearch
and .nufacturing).
ECONO IC DEVELOPMENT TRANSITION ACTIVITY NODE
Identifies .reas along major transportation corridors that may be in p•oximity to 10-
Year or 20- ear Transition areas of the County which have been spe'ifically targeted
for economi. development activity consisting of light industrial, distribution, flex
space, office, :nd service/retail uses. Such areas are located ad;.cent to interstate
and major arte '.I highways, and subject to special design crit- is and performance
standards. The a: 'lied zoning districts are EDB-1 (Economic I-velopment Buckhorn
Lower Intensity), *B-2 (Economic Development Buckhorn igher Intensity), EDE-1
(Economic Develop 'ent Eno Lower Intensity), EDE-2 (Eco omic Development Eno
Higher Intensity), ED -1 (Economic Development Hillsborough Linear Office), EDH-2
(Economic Developm:nt Hillsborough Limited • fice), EDH-3 (Economic
Development Hillsboro •h Limited Office with Residential), EDH-4 (Economic
Development Hillsboroug' Office), and EDH-5 (Econo is Development Hillsborough
Office/Flex).
RURAL LAND USE CLASSIFICA IONS
RURAL BUFFER
Only very low density residential, a• icultur. uses exempt from zoning regulations,
and low-intensity agricultural suppor. use are appropriate in the Rural Buffer. The
applied zoning district is RB (Rural Buf -r .
RURAL RESIDENTIAL
Identifies rural areas to be develope. as •w intensity and low density residential.
The applied zoning district is R-1 (R∎ral Residential).
AGRICULTURAL RESIDENTIAL
Agricultural activities and asso ated residential .nd commercial uses predominate.
The applied zoning district- reflect this pri ary land use and include: AR
(Agricultural Residential) an. AS (Agricultural Servi -s).
RURAL COMMUNITY ACT ITY NODE
Identifies rural crossroa.s communities throughout t County where small scale
commercial activities s:rving the community and surrou •ding area are appropriate.
The applied zonin• districts include: LC-1 (Local ommercial) and NC-2
(Neighborhood Com' ercial).
RURAL NEIGHBO' HOOD ACTIVITY NODE
Identifies areas in the County where small scale commerci. uses serving the
population in e surrounding area are appropriate. The appli-• zoning districts
include: LC-1 Local Commercial) and NC-2 (Neighborhood Comme ial).
RURAL IN P STRIAL ACTIVITY NODE
Identifies rural areas in the County where small scale industrial activit.-s would be
appropriate. The applied zoning district is I-1 (Light Industrial).
OVE• AYS
PU:LIC INTEREST AREA
T ese lands are considered valuable for recreational and research purposes an• are
afforded special treatment. The applied zoning district is PID (Public Inte -st
District).
Ora v e/Co-u.vtty Co- 0v"w4-vve/t'la.w Page F-2
Q..
69
ppendix F: Land Use and Zoning Matrix
ZONING DISTRICTS
N
N c
Land Use Classifications&
Overlays d a Z U L7 W o W 5 5 5 0 a d
Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement-
Carrboro Transition Contact aDDroDriate unicipalitv for aiDDlicabi e Zoniniz Standards
10-Year Transition
20-Year Transition
s~
° Commercial Transition
s~
Activity Node
Commercial-Industrial
Transition Activity
Economic Development
Transition Activity Node
Rural Buffer
Rural Residential
Agricultural Residential
Rural Community Activity
Node
Rural Neighborhood
Activity
Rural Industrial Activity
Node ♦ ♦
Public Interest Area
0
The title of the district is being modified consistent with the proposed UDO text amendments.
Ora,YWCrn utity Comprahe-wa-vve Flaw Page F-3