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HomeMy WebLinkAboutAgenda - 02-24-1992n Page 003 021 051 ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PUBLIC HEARING FEBRUARY 24, 1992 7:30 P.M. SUPERIOR COURTROOM ORANGE COUNTY COURTHOUSE (NEW) 106 EAST MARGARET LANE HILLSBOROUGH, NORTH CAROLINA NOTE: BACKGROUND MATERIAL IS AVAILABLE IN THE PLANNING DEPARTMENT OR THE CLERK'S OFFICE NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 966 -4501. A. OPENING REMARKS FROM THE CHAIRMAN B. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and any fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a geniune commitment to this public charge is observed. C. PUBLIC HEARING ITEMS 1. Proposed Voluntary Farmland Preservation Ordinance 2. Proposed Amendments - Minimum Housing Code 3. Zoning Ordinance Atlas Amendments a. Z -1 -92 Lawton Cabinet Shop D. EXECUTIVE SESSION - Personnel Matter E. ADJOURNMENT L - - N APPROVED 319192 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS QUARTERLY PIIBLIC HEARING FEBRUARY 24, 19 9 2 The Orange County Board of Commissioners met in regular session on Monday, February 24, 1992 at 7:30 p.m. in Superior Courtroom, New County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Commissioners Alice M. Gordon, Stephen H. Halkiotis, Verla C. Insko and Don Willhoit. PLANNING BOARD MEMBERS PRESENT: Carol Cantrell, Bill Waddell, Virgina Boland, Jean Hamilton, Betty Eidenier, Paul Hoecke, Joan Jobsis, D. Kent Scott, Larry Reid, and Jim Gray, COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Clerk to the Board Beverly A. Blythe, Planner Emily Cameron, Planning Director Marvin Collins and Director of Housing and Community Development Tara Fikes. NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE A. OPENING REMARKS FROM THE CHAIRMAN Chairman Carey introduced the new Planning Board Chair and thanked Betty Eidenier for her dedicated service as Chair. B. PUBLIC CHARGE Chairman Carey dispensed with the reading of the Public Charge. C. PUBLIC HEARING ITEMS 1. PROPOSED VOLUNTARY FARMLAND PRESERVATION ORDINANCE This item was presented by Planning Director Marvin Collins for the purpose of receiving citizen comment. Since 1990 the Agricultural Districts Advisory Board has been working on an ordinance to formalize its existence and develop procedures for establishing voluntary agricultural districts. The proposed ordinance is based on enabling legislation contained in Article 61 of the N.C. General Statutes. The proposed ordinance would formally establish an Agricultural Districts Advisory Board comprised initially of seven (7) members and would have the following powers and duties. Review and comment on applications for qualifying farmland certification and designation of voluntary agricultural districts. Hold joint public hearings with the Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County; and Study additional methods of farmland preservation and make recommendations to the Board of Commissioners. As voluntary agricultural districts are created, up to eight additional members may be appointed. Such members must be landowners in a voluntary agricultural district. Farms which are part of a designated voluntary agricultural district will be identified as such in the Orange County Land Records System, and a notice will be included to alert persons using the system of all parcels that are within one -half mile of such district(s). In addition, landowners belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. In response to a question from Commissioner Gordon, Mr. Collins indicated that there is no tax benefit to the landowner from being in this program. Mr. Collins noted that this program will be supported by the Land Records GIS system. Also, if a landowner wants to connect his home to a public sewer system, the program can be structured so that he is only charged for one hookup to his house, while the remaining land remains in farm land. The landowner is a part of the voluntary conservation program only until he formally revokes the agreement. He felt that 15 members would be sufficient, however, additional members could be appointed if necessary to adequately represent the entire county. In response to a question from Mr. Waddell regarding Section XII, Mr. Collins indicated that there are a limited amount of funds available for the purchase of agricultural conservation easements. There are limitations on the spending of these funds, unless the county uses its own money. In that case, these limitations will not apply. He also indicated that after 20 years, a farmer could purchase back his development rights at the current market value if the county was willing to sell these development rights. This is at the discretion of the county. If the county does not desire to purchase them, the owner would need to find a buyer through normal channels. In response to a question from Betty Eidenier regarding the county not spending money to convert land to non -farm use (including reservoirs) Mr. Collins indicated that this provision would only restrict the county or OWASA. The basic intent is to assure that if the county is serious about preserving farmland, it will not spend money where agricultural lands exist. Mr. Collins indicated that no other county zoning or planning category is afforded as much protection from conversion by the County to other uses as this section X.B.3 would provide for agricultural districts. In response to a question from John Link, Mr. Collins indicated that after an application is received it is sent to the Soil Conservation Service and Tax Supervisor's Department. If the results are positive, the Conservation District can be approved by the Agricultural Advisory Board. The Board of County Commissioners appoint all members to the Agricultural Advisory board. Mr.Collins indicated that historically the Planning Department has served as staff to the Advisory Board. The Planning Department would receive the application and review it for correctness before forwarding it to Soil and Water Conservation and the Tax Supervisor's office. Mr. Larry Reid asked if the prohibition on the county spending money would also apply to the support of a study which is currently being financed by the LOG group. Mr. Collins indicated that Section X.B.3 prohibits the County from spending money even for the purposes of conducting a study. Mr. Gledhill stated that provisions in the Water and Sewer Policy indirectly limit the county from spending funds to extend water and sewer outside of its jurisdiction except in certain cases. THE PIIBLIC SEARING WAS OPEN FOR QUESTIONS /COMMENTS FROM THE PIIBLIC Mr. Peter Kramer indicated that he believes that Orange County is in the forefront of this issue. He gave some historical background on how this issue developed over the years. He mentioned that many people have devoted a great deal of time to making this program work and he strongly supports the idea of districts. In response to his question to how the 155 acre size was determined, Mr. Collins indicated that that was the average size of the farms in Orange County, although there are many farms smaller than 155 acres. Mr. Kramer asked the Advisory Board to look into the issue of farm size and consider using other criteria to promote a diversity of agriculture. His hope is that the diversity in small farms as well as large farms can be recognized. A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to refer this item to the Agricultural Districts Advisory Board for a recommendation to be returned to the Board of Commissioners no sooner than March 24, 1992. VOTE: UNANIMOUS 2. PROPOSED AMENDMENTS - MINIMUM HOUSING CODE Planning Director Marvin Collins presented for citizen comment the proposed ordinance modifications to the "Minimum Housing Code ". These modifications, upon adoption, would clarify its administration, enforcement and interpretation by staff and the public. In 1984, the Orange County Board of Commissioners adopted a "Minimum Housing Code ". It was recognized by the community that there were dwellings unfit for human habitation due to unsafe structural conditions; fire hazards, inadequate light and ventilation, inadequate sanitary facilities and other inimical conditions detrimental to the welfare of the occupants and the public. In 1987 the Orange County Low and Moderate Income Housing Task Force Report substantiated the continued existence of substandard housing. They also indicated that there is an increasing rate of depreciation in the overall stock of housing. Since its adoption, the Minimum Housing Ordinance has been administered and enforced by the Housing /Community Development Department of Orange County. It is proposed that this responsibility be transferred to the Orange County Planning and Inspections department because G.S. 153A -351.1 now requires that inspections be conducted by certified code enforcement officers. The Inspections Division, under the direction of the Code Enforcement Supervisor, has four code enforcement officers, who are cross trained and certified by the N.C. Code Qualifications Board. The original ordinance text has also been reformatted for further clarification of code provisions. Specific amendments were made to simplify interpretation and also to comply with N.C. State Building Codes and Regulations. The provisions of the ordinance have been expanded to include all dwellings within the County, not just rental units. Provisions in Article XVIII allow for the continued use of a dwelling existing on the date of ordinance adoption provided that it does not represent a threat to the general safety and welfare of the occupant or public. COMMENTS /QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD In response to a question from Bill Waddell, Mr. Collins indicated that there is no official estimate of potential cost to the property owner. All enforcement has been the direct result of citizen complaints and that will continue in the future. Each investigation will be the result of a written petition. The Planning Department does not have sufficient staff to operate a systematic enforcement program. He stated that this code attempts to maintain the value of existing homes rather than letting them depreciate. A motion was made by Commissioner Halkiotis, seconded by Chairman Carey, to refer this item to the County Manager for a recommendation to be returned to the Board of Commissioners no sooner than March 24, 1992. VOTE: UNANIMOUS 3. ZONING ORDINANCE ATLAS AMENDMENTS a. Z -1 -92 Lawton Cabinet Shop This item was presented by Planner Emily Cameron to receive citizen comment on a proposed Zoning Atlas amendment in Bingham Township. An error has been discovered in the Zoning Atlas as it applies to Bingham Township. An Existing Commercial (EC -5) designation was approved for an existing cabinet shop on the south side of Old Greensboro Road (SR 1005) between Ferguson Road (SR 1948) and Ivey Road (SR 1947). The EC -5 lot is part of lot 23 on tax map 37 of Bingham Township which is currently zoned Rural Buffer, Protected Watershed II, and ULW. Surrounding land uses are agricultural and residential. Adjacent zoning is Rural Buffer, PWII, and University Lake Watershed. In 1981 the EC -5 lot was drawn incorrectly on the Zoning Atlas. The cabinet shop is located on the central and eastern portions of a 4- acre tract. The zoning lot was shown adjacent to the western boundary on an undeveloped portion of the tract. The EC -5 zoning lot approved in 1981 was 66,000 square feet (1.52 acres) in size. The proposed relocated zoning lot is the same. The planning staff proposes to correct the Zoning Atlas by shifting the EC -5 lot approximately 245 feet to the east to include the existing cabinet shop, office, driveway, and parking. The PWII and ULW overlay zoning districts will remain in place. A motion was made by Commissioner Gordon, seconded by Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be returned to the County Commissioners no sooner than April 6, 1992. VOTE: UNANIMOUS D. EXECUTIVE SESSION A motion was made by Chairman Carey, seconded by Commissioner Insko, to go into Executive Session to discuss a personnel matter. VOTE: UNANIMOUS A motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS E. ADJOURNMENT A motion was made by Commissioner Insko, seconded by Commissioner Gordon, to adjourn the meeting. The next regular meeting will be held on March 9th at 7:30 p.m. in the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr., Chairman Beverly A. Blythe, Clerk Page 003 021 051 ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PUBLIC HEARING FEBRUARY 24, 1992 7:30 P.M.. SUPERIOR COURTROOM ORANGE COUNTY COURTHOUSE (NEW) 106 EAST MARGARET LANE HILLSBOROUGH, NORTH CAROLINA NOTE: BACKGROUND MATERIAL IS AVAILABLE IN THE PLANNING DEPARTMENT OR THE CLERK'S OFFICE NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County Clerk's Office at 732 -8181 or 966 -4501. A. OPENING REMARKS FROM THE CHAIRMAN B. PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and any fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a geniune commitment to this public charge is observed. C. PUBLIC HEARING ITEMS 1. Proposed Voluntary Farmland Preservation Ordinance 2. Proposed Amendments - Minimum Housing Code 3. Zoning Ordinance Atlas Amendments a. Z -1 -92 Lawton Cabinet Shop D. EXECUTIVE SESSION - Personnel Matter E. ADJOURNMENT _�_ '` , � — ' ^'n ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD TOO HILLSBOROUGH, NORTH CAROLINA 27278 NOTICE OF PUBLIC HEARING ON A PROPOSED VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE, PROPOSED AMENDMENTS TO THE ORANGE COUNTY MINIMUM HOUSING CODE, AND A PROPOSED ZONING ATLAS AMENDMENT Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Article 18, Part 1, Section 323, and Part 3, Section 343; Chapter 160A, Article 19, Part 6, and Part 1, Section 364; and Article 20, Sections 20.5 and 20.6, of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough, North Carolina, on Monday, February 24, 1992, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: PROPOSED VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE The proposed ordinance would establish an Agricultural Districts Advisory Board comprised initially of seven (7) members which would have the following powers and duties: - Review and comment on applications for qualifying farmland certification and designation of voluntar agricultural districts; - Hold joint public hearings with the Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County; and - Study additional methods'of farmland preservation and make recommendations to the Board of Commissioners. As voluntary agricultural districts are created, up to eight (8) additional members may be appointed. Such members must be landowners in a voluntary agricultural district. Farms which are part of a designated voluntary agricultural district will be identified as such in the Orange County Land Records System, and a notice will be included to alert persons using the system of all parcels that are within one -half mile of such district(s). In addition, landowners belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. PROPOSED AMENDMENTS TO MINIMIIM HOUSING CODE The proposed amendments to the Minimum Housing Code include the following major changes: 0-02 - All residential buildings, including owner- occupied dwellings, would be subject to the ordinance provisions. Currently, only renter- occupied dwellings are affected. - Enforcement of the code provisions would be the responsibility of the Code Enforcement Supervisor in the Planning and Inspections Department or his /her designee. Currently, the code provisions are enforced by the Housing and Community Development Department. - The Orange County Zoning Board of Adjustment would serve as a Housing Appeals Board to hear appeals by an owner or other party from any order of the Code Enforcement Supervisor. PROPOSED ZONING ATLAS AMENDMENT The proposed Zoning Atlas amendment to be considered is as follows: I. Z -1 -92 Lawton Cabinet Company The property in question is located on the south side of Old Greensboro Road (SR 1005) west of Ivy Road (SR 1947). The property contains 4.08 acres and is specifically described as Lot 23 of Tax Map 37 in Bingham Township. The current and proposed zoning designation of the property is Existing Commercial (EC -5) and Rural Buffer (RB). The purpose of the request is to correct an error made in designating the boundary of the EC -5 zoning district at the time the property was zoned in September, 1981. The area of the property zoned EC -5 is 1.51 acres. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m,, Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham) or 967 -9251 (Chapel Hill- Carrboro). Please ask for Extension 2585 or 2575. You will be directed to a staff member who will answer your questions. Marvin Collins, Planning Director PUBLISH: February 12, 1992 February 19, 1992 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 24, 1992 no Agenda Abstract Item # SUBJECT: PROPOSED VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE DEPARTMENT: Planning PUBLIC HEARING: —X —yes No ATTACHMENT(S): INFORMATION CONTACT: Draft Ordinance Planning Director X2592 Article 61 of the N.C. General Statutes PHONE NUMBERS: Hillsborough 732-8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To receive citizen comment on a proposed Voluntary Farmland Preservation Program Ordinance. BACKGROUND: Since its re- activation and re- formation in 1990, the Agricultural Districts Advisory Board has been working on several important projects, including an ordinance to formalize its existence and establish procedures for establishing voluntary agricultural districts. The proposed Voluntary Farmland Preservation Program Ordinance is based on enabling legislation contained in Article 61 of the N.C. General Statutes. The proposed ordinance would formally establish an Agricultural Districts Advisory Board comprised initially of seven (7) members which would have the following powers and duties: - Review and comment on applications for qualifying farmland certification and designation of voluntary agricultural districts; - Hold joint public hearings with the Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County; and - Study additional methods of farmland preservation and,make recommendations to the Board of Commissioners. 004 As voluntary agricultural districts are created, up to eight (8) additional members may be appointed. Such members must be landowners in a voluntary agricultural district. Farms which are part of a designated voluntary agricultural district will be identified as such in the Orange County Land Records System, and a notice will be included to alert persons using the system of all parcels that are within one -half mile of such district(s). In addition, landowners belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. RECONMENDATiON: The Planning Staff recommends approval of the proposed ordinance. Although a Planning Board recommendation is not required, the ordinance and all comments received at the hearing should be referred to the Agricultural Districts Advisory Board for recommendation. The recommendation of the Advisory Board will be presented to the Board of Commissioners no sooner than March 17. 1992. nix PROPOSED ORANGE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE T e o 0 ordinance text is resented in Boldf ace type. Explanatory comments are rovided in Rlain t e. Section I - ENACTMENT Pursuant to the authority conferred by the Farmland Preservation Enabling Act, Article 61 of Chapter 106 of the North Carolina General Statutes, G.B. section 106 -735 et seq., and for the purpose of promoting the health, safety, morals, and general welfare of the county, the Board of commissioners of orange County, North Carolina, hereby adopts this ordinance, which shall be known as the voluntary Farmland Preservation Program Ordinance of Orange County, North Carolina. (Article 61 of Chapter 106 of the N.C. General Statutes was enacted by the N.C. General Assembly in 1985. The legislation enables counties to establish farmland preservation programs which are carried out in accordance with the provisions of that Article.] Section I1 - PURPOSE The purpose of this ordinance is to encourage the voluntary preservation and protection of farmland from non -farm development, recognizing the importance of agriculture to the economic and cultural life of the county. (There is no requirement that any farm owner participate in the program. The intent of this ordinance is to establish a program through which farm owners voluntarily preserve and protect farmland from development.] Section III - DEFINITIONS For the purposes of this ordinance, the following terms shall have the following definitions: Board: Orange County Agricultural Districts Advisory Board Chairman: Chairman of the orange county Agricultural Districts Ldvisory Board District: Voluntary Agricultural District section IV - AGRICULTURAL DISTRICTS ADVISORY BOARD A. CREATION An Orange County Agricultural Districts Advisory Board, consisting of seven (7) initial members appointed by the Board of County Commissioners, is' hereby established. Additional appointments may be made to satisfy the requirements of Section IV.B.i.b.of this 006 ordinance, provided, however, the maximum number of members shall not exceed fifteen (15). [G.S. 106 -739 permits the establishment of an Agricultural Advisory Board, organized and appointed as the County deems appropriate. The only requirement governing Board membership is one established by G.S. 106 -738 (a)(4), that each agricultural district have a representative on the Board. The requirement suggests an increasing number of members to account for newly created districts. Although a ceiling of 15 members is proposed, a successful program may require that the ceiling be raised.] B. NMERSKIP 1. Requirements a. b. co d. Go Each Board member shall be a resident of orange County. [There is no requirement in the General Statutes that Board membership be limited to Orange County residents. Since the majority of members would be farm owners in the county, and two municipal representatives are required by the ordinance, limiting membership to county residents does not create a hardship.] Each District existing pursuant to this ordinance shall be represented on the Board by a person owning farmland in the District. [As mentioned above, G.S. 106 -738 (a)(4) requires that each agricultural district have a representative on the Advisory Board.] Pour (4) of the seven (7) initial members shall be actively engaged in farming. [There is no requirement in the General Statutes that a certain number of Board members be engaged in farming. However, since the ordinance is focused on farmland preservation, it is desirable that the majority of members be representative of the farm community.] To the extent possible, each township in Orange County shall be represented by a person engaged in farming and owning farmland in the township. [This provision is not required by the General Statutes but is intended to insure, insofar as possible, representation from all parts of the county.] In making appointments to the Board, the Orange County Board of Commissioners shall consider the recommendations of persons owning farmland in the Districts. C. D. 2. 3. 407 [This provision is not required by the General Statutes but is intended to provide a means for farm owners to participate Board appointments.] f. Two (2) of the three (3) non -farm members of the Board shall be "municipal representatives," while the other shall be a member of the "development community." [When a proposed PDR program was presented to the Board of Commissioners in June, 1991, the Commissioners indicated that municipal representation should be provided on the Agricultural Districts Advisory Board. The proposed addition of a member from the development community is intended to provide a liaison between the Advisory Board and that group.] Tenure Each member shall serve a term of four (4) years, except that the initial Board is to consist of three (3) appointees for terms of two (2) years, three (3) appointees for terms of three (3) years, and three (3) appointees for terms of four (4) years. Thereafter, all appointments are to be for terms of four (4) years, with reappointments permitted. [There is no General Statute requirement concerning terms of appointment. The terms proposed above are consistent with those of other advisory boards.] vacancies Any vacancy on the Board is to be filled for the remainder of the unexpired term. The member filling the vacancy shall come when possible from the same District, township, municipal or development community seat as the member whose vacant seat he /she is filling. [Again, there is no General Statute requirement concerning the manner in which vacancies are filled. The above provisions are consistent with those of other advisory boards.] The Board shall develop procedures for the conduct of its meetings, which procedures shall be consistent with Robert's Rules of Order. [There is no General Statute requirement pertaining to this provision. It is common practice, however, for each advisory board of the County to prepare By -Laws and Rules of Procedure.] DUTIES [The duties and responsibilities of an agricultural advisory board are specified in G.S. 106 -739. The duties listed below are modeled H� after the statute provisions. Specific sections of the statute have been identified following each prescribed duty.] The Board shall have the authority to: 1. Review and approve the form of the agreement to sustain agriculture required in section v of this ordinance [G.S. 106 -738 (a)(3)]; 2. Review and comment on applications for qualifying farmland certification and voluntary agricultural districts, and make recommendations concerning the establishment and modification of agricultural districts [G.S. 106 -739 (1)]; 3. Review and make recommendations concerning proposed amendments to this ordinance [G.S. 106 -739 (2)]; 4. Hold public hearings pursuant to Section VII of this ordinance [G.S. 106 -739 (3)]; S. Hold joint public hearings with the orange County Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County [G.S. 106 -739 (3) and G.S. 106 -740]; 6. Advise the Board of County Commissioners on projects, programs or issues affecting the agricultural economy or activities within the county and that will affect agricultural districts [G.S. 106 -739 (4)]; 7. Study additional methods of farmland preservation and make recommendations to the orange County Board of Commissioners [G.S. 106-739:(5)]; and 8. Perform other related tasks or duties assigned by the Orange County Board of County Commissioners [G.S. 106 -739 (5)]. Section V - APPLICATION AND CERTIFICATION OF QUALIFYING FARMLAND AND VOLUNTARY AGRICULTURAL DISTRICTS A. voluntary agricultural districts are hereby established in Orange County. B. PURPOSE The purpose of voluntary agricultural districts is to increase identity and pride'in the agricultural community and its way of life, and to increase protection from nuisance suits and other negative impacts on properly- managed farms. [The statement of purpose is identical to that contained in G.S. 106 -738 (b).] 009 C. -REOUIRZKZNTS FOR INCLUSION IN _A VOLUNTARY A GRICVLTORAL DISTRICT i. -- An agricultural district shall initially consist of: a. At least 155 contiguous acres of certified qualifying farmland; or b.- At least two or more certified qualifying farms, contiguous to each other, which will create a district of not less than ISS acres. 2. The owners of the qualifying farmland must execute an agreement with Orange County to sustain agriculture in the District. 3. Qualifying farmland may be added to existing districts upon execution by the owner of an agreement to sustain agriculture. 4. In the event that one or more participants in the.District withdraw and the acreage in the District becomes less than the minimum acreage required or results in the remaining land being non - contiguous, a voluntary agricultural district will continue to exist so long as there is one qualifying farm. [The above provisions are modeled after the basic requirements contained in G.S. 106 -738 (a). The number of acres of qualifying farmland (155) was derived from the 1987 Census of Agriculture and represents the average farm size at that time. To allow smaller farms to participate, an additional provision was added to allow farms as'small as 77.5 acres to request district designation. Two such farms; i.e., 77.5 acres each, could join together to make such a request. As districts are created, they may be expanded in size by adding new farms to existing districts. A provision was also added so as not to penalize a farm of less than 155 acres if an adjoining farm withdrew from the program. If the size threshold were not met, the smaller farm would still constitute an agricultural district.] [The criteria used in certifying qualified farmland are set forth in G.S. 106 -737. The provisions below are modeled after the statutory requirements. It should be noted that even though subsection d. below requires a farmer to be subject to a conservation agreement prohibiting non --farm use or development of such land for a period of at least ten (10) years, a farmer may ask to be removed from an agricultural district by making written request to the Advisory Board (see Section VI - Revocation of Conservation Agreements).] 1. To secure certification as qualifying farmland, a farm must: a. Be participating in the farm present use -value taxation 010 program established by N.C. Gen, stat. section 105 -277.2 through 105 -277.7 or is otherwise determined by the County to meet all the qualifications of this program set forth in N.C. Gen. stet. section 105- 277.3. b. Be certified by the soil Conservation Service of the United states Department of Agriculture as being a farm on which at least two - thirds of the land is composed of soils that: (1) Are best suited for providing food, seed, fiber, forage, timber, and oil seed crops; (2) Have good soil qualities; (3) Are favorable for all major crops common to Orange County; (4) Have a favorable growing season; and (5) Receive the available moisture needed to produce high yields for an average of eight (8) out of ten (10) years; OR be one on which at least two - thirds of the land has been actively used in agricultural, horticultural or forestry operations as defined in N.C. Gen. stat. section 105 -277.2 (1,2 s 3) during each of the five (5) previous years, measured from the date on which the determination must be made as to whether the land in question qualifies. a. Be managed, if highly erodible land exists on the farm, in accordance with the soil Conservation service defined erosion - control practices. d. Be the subject of a conservation agreement, as defined in N.C. Gene stat. section 121 -350 between the Orange County and the owner of such land that prohibits non -farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable orange County zoning and subdivision regulations. B. APPLIQATION AND CS'RTIFICATION PROCEDURES [The procedures identified below provide the means by which applications for certification are processed. The Planning Department has been designated as the beginning point in this process, since it has served as staff to the Advisory Board. The actual determination of compliance with the certification criteria would largely be the responsibility of the Orange County Tax Supervisor and Soil Conservation offices, and the Advisory Board.] Oil t. Applications for qualifying farmland certification and for voluntary agricultural district certification shall be made to the Orange County Planning Department on forms provided by that department. 2. The Planning Department shall review each application for completeness. When complete, the application shall be forwarded to: a. The Orange County Tax Supervisor's Office; and b. The local office of the Soil Conservation Service of the United states Department of Agriculture. The above offices shall evaluate the application for compliance with the requirements of section V.D.2. above, complete and return their copies to the Chairman within 30 days of receipt. 3. Within 60 days of receipt from the Orange County Tax Supervisor and Soil Conservation offices, the Board will meet and render a decision regarding the application. The Chairman will notify the applicant by mail of the Board's decision whether the real property for which certification is sought satisfies the criteria established in Section v and if the land has been certified as qualifying farmland, and also as a voluntary agricultural district, if application was so sought. 4. Certification of qualifying farmland shall become effective upon recordation of a Declaration of Qualifying Farmland, executed by the landowner and the County and recorded in the Orange County Registry. S. The Chairman will notify the Orange County Tax Supervisor of any voluntary agricultural districts established. C. The location of voluntary agricultural districts will.be marked on the county Tax maps. D. The County may take such action as it deems appropriate through the Agricultural Districts Advisory Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including at a minimum a public information program to reasonably inform landowners of the farmland preservation program. Section VI - REVOCATION OF CONSERVATION AGREEMENT By written notice to the board, a landowner of qualifying farmland may revoke the conservation agreement formulated pursuant to section o of this ordinance. Such revocation shall result in loss of qualifying status, and consequently, loss of eligibility to participate in a voluntary agricultural district and benefits thereof. 0140 [This'provimion is modeled after those contained in G.S. 106 - 737.1.] Section VII - PUBLIC HEARINGS [One of the incentives for requesting district designation is the restriction on any State or local public agency of pursuing condemnation of farmland until a public hearing has been held by the Advisory Board. The public hearing process may not prevent the pending condemnation, but it does provide an opportunity for the views of the farm community to voiced and, hopefully, considered. The procedures outlined below are based on the provisions of G.S. 106 -740.] A. PURPQSE s. No state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the orange County Agricultural Districts Advisory Board to hold a public hearing on the proposed condemnation [G.S. 106 -740] . 1. Upon receiving a request, the Agricultural Districts Advisory Board shall publish notice describing the proposed action in a newspaper having general circulation in the area within seven (7) days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within 30 days of receipt of the request. 2. The Board will, in making its findings and recommendations following the public hearing, consider such factors as: a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and b. Alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities and farm land base of the voluntary agricultural district within which the proposed action is to take place. 3. The Board will consult with the Orange County Cooperative Extension Service, the local U.S.D.A. Soil Conservation service office, and the Orange County Planning Department, and may consult with any other individuals, agencies or organizations, public or private, necessary to the Board's review of the proposed action. 4. Within 30 days after the request for public hearing, the Board will make a report to the decision - making body of the proposed 013 condemnor, which report shall contain the Board's findings and recommendations regarding the proposed action. S. Passuant to N.C. Gen. Stat. Section 106 -740, the proposed condemnor shall not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within these time limitations. Section VII= - RECORD NOTICE OF PROXIMITY TO FARMLANDS A. Pi_RPO$Z B. The purpose of this section is to help prevent potential conflicts from occurring between qualifying farms and non -farm landowners regarding acceptable and responsible farming operations and practices, and to minimise the incidence of nuisance suits against owners of qualifying farmland. _Upon recordation of a Declaration of Qualifying Farmland and designation of real property as a voluntary agricultural district, the Orange County Land Records System shall be changed to include a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one - half mile of a voluntary agricultural district. [G.S. 106 -741 (a) states that the computerized land records system of a county.may be set up to include a notice to alert persons conducting title research that a particular tract is located within: 1. One -half mile of a poultry, swine or dairy qualifying farm; 2. 600 feet of any other qualifying farm; or 3. One -half mile of.a voluntary agricultural district. While the above uses may seem different, the key term is qualifying farm. A qualifying farm is one which meets the criteria set forth in Section V.D. Since a farm must meet the criteria in order to qualify for inclusion in an agricultural district, the two terms are considered to be synonymous, and the standards set forth above have been reduced to one; i.e., within one -half mile of a voluntary agricultural district.] C. In no event shall the County or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, of nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under subsection B above. [This provision is identical to G.S. 106 -741 (b). Provided that a "good faith" effort is made to identify the existence of a voluntary agricultural district in the computerized land records 014 system, it prevents a farmer or neighboring property owner from bringing suit against the County. D. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this ordinance. [This provision is based on G.S. above except the protection from conducting the title research.] 106 -741 (c) and is similar to "C" suit is afforded to the person Section I% - WAIVER OF WATER AND SEWER ASSESSMENTS A. Landowner(s) belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. [The basic provisions concerning water and /or sewer assessments are contained in G.S. 106 -742. The provisions which follow are modeled after that statute. It should be noted that the provision above that landowners are not required to connect to such systems is included to assure that the abeyance procedures are not circumvented by a mandatory connection requirement in an assessment resolution. It should also be noted that these provisions only apply to systems extended by Orange County. They would not apply to other utility providers unless there was an interlocal agreement between Orange County and the provider which required the provider to adhere to the same provisions.] H. Water and sewer assessments will be held in abeyance, without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such property are connected to the water or mower system for which the assessment was made. [Article 9 of Chapter 153A of the N.C. General Statutes permits counties to extend public water and /or sewer facilities, and assess the cost of such improvements to adjoining property owners. G.S. 106 -742 (a) permits the County to hold assessments for farms in abeyance until connection is made to the facilities. The only difference between the ordinance provisions and those contained in the General Statutes is that such assessments would be held in abeyance without interest. The elimination of interest payments, as permitted in the statutes, is considered an incentive for farmers to keep their land in agricultural use.] C. When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. D. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. E. Assessment procedures followed under Article 9 of Chapter 1S3A shall conform to the terms of this ordinance with respect to 015 qualifying farms that entered into conservation agreements while such ordinance was in effect. F. Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C. Gen. Stat. Section 153A -201. Section Z - LAND -USE INCENTIVES TO VOLUNTARY AGRICULTURAL DISTRICT FORMATION [None of the provisions in this section are based on the requirements of Article 61 of the General Statutes. They are proposed, in part, as additional incentives for farm owners to join agricultural districts. Perhaps the most significant provision is B.3. below, which restricts the County from spending monies to convert land to non -farm uses in voluntary agricultural districts. Examples of the types of expenditures prohibited would be those necessary for a landfill, a park site, and an airport.] A. PURPOSE The purpose of this section is to help meet the needs of agriculture as an industry in orange County and prevent conflicts between voluntary agricultural district participants and non -farm landowners in proximity to districts. B. PROCEDURE 1. Land -use planning decisions and ordinances affecting parcels of land adjacent to any district shall take into account the existence of such district and the purpose of this ordinance. 2. orange County shall not enact ordinances applicable within an agricultural district in a manner which unreasonably restricts or regulates farm structures or forestry farming practices unless such restrictions or regulations bear a direct relationship to the public health and safety. 3. The County shall not spend monies to convert land to non -farm uses in voluntary agricultural districts. Section ZI - NORTH CAROLINA AGENCY NOTIFICATION A. The Board may consult with the North Carolina Commissioner of Agriculture, the North Carolina Division of Soil and Water, and any other entity the Board deems necessary to the proper conduct of its business. [According to G.S. 106 -743, Orange County may consult with the N.C. Commissioner of Agriculture prior to the adoption of an ordinance. Though not specifically stated in the statute, such consultations are allowed if the County wishes technical assistance in implementing its farmland preservation program. Consultations with other agencies such as the N.C. Division of Soil and Water, 016 and the.U.S. Department of Agriculture Soil Conservation Service are also encouraged.] B. A Copy of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture's Office after adoption. At least once a year, the County shall submit a written report to the Commissioner of Agriculture including the status, progress, and activities of the County's farmland preservation program, which report may include voluntary agricultural districtinq information regarding: 1. Number Z. Number has be, 3. Number 4. Number and of of an of of landowners involved in the acres for which qualifying ipplied for; acres certified as qualify acres denied certification program; farmland certification ing farmland; as qualifying farmland; S. Number of districts in orange County. [Following adoption of the ordinance, G.S. 106-743 requires that Orange County record a copy with the N.C. Commissioner of Agriculture's Office. Thereafter, the County must submit an annual report outlining the status, progress, and activities of the farmland preservation program to the Commissioner of Agriculture's Office.) C. Copies of the reports cited in Section XI.B. above may be sent to the Orange County Board of Commissioners and any other entities the Board deems appropriate. [To keep the Board of Commissioners informed of the progress of the farmland preservation program, copies of the annual report will be submitted to it as well as to the Soil and water Conservation District Board and the Planning Board.] Section XII - PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS As provided in N.C. Gen. Stat. Section 106 -744, Orange county may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined in Section Y.D. of this ordinance and located within a voluntary agricultural district as defined in section V.C. of this ordinance. [In 1991, the General Assembly added G.S. 106 -744 to qualify North Carolina for possible grants and loans from the U.S. Department of Agriculture's Farms for the Future Program. If a grant and /or loan program using Federal funds were established in Orange County, the purchase of agricultural conservation easements (development rights) must be on a voluntary, basis, and only farms in an agricultural district would qualify. If local funds were used, the provisions of G.S. 106 -744 would not apply.] ARTICLE 61. Preservation of Farmland § 106 -735. Short title and purpose. - (a) This article shall be known as "The Farmland Preservation Enabling Act," (b) The purpose of this Article is to authorize counties to under. take a series of programs to encourage the preservation of farmland as defined herein. (1985 (Reg. Sess.. 1986), c. 1025, s. 1.) § 106 -736. Farmland preservation programs autho- rized. A county may by ordinance establish a farmland preservation program under this Article. The ordinance may authorize qualify- ing farms, as defined in G.S. 106 -737, to take advantage of one or more of the benefits authorized by the remaining sections of this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -737. Qualifying farmland. In order for farmland to qualify under this Article, it must be real property that: (1) Is participating in the farm present- use -value taxation pro- gram established by G.S. 105-277.2 through 105 -277.7 or is otherwise determined by the county to meet all the qualifi- cations of this program set forth in G.S. 103 - 277.3: (2) Is certified by the Soil Conservation Service of the United States Department of Agriculture as being a farm on which at least two - thirds of the land is composed of soils that G) are best suited for providing food, seed, fiber, for- age, timber, and oil seed crops, (ii) have good soil qualities, (iii) are favorable for all major crops common to the county where: the land is located, (iv) have a favorable growing season, and iv) receive the available moisture needed to produce high yields an average of eight out of 10 years; or on which at least two - thirds of the land has been actively used in agricultural, horticultural or forestry operations as defined in G.S. 105- 277.2(1), (2), and (3) during each of the five previous years, measured from the date on which the determination. must be made as to whether the land in question qualifies; (3) Is managed in accordance with the Soil Conservation Ser- vice defined erosion control practices that are addressed to highly erodable land; and (4) L the subject of a conservation agreement, as defined in G.S. 121 -35, between the county and the owner of such land that prohibits nonfarm use or development of such land for a period of at least 10 years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations. (1983 (Reg. Sess., 1986), c. 1025. s. 1.) § 106- 737.1. Revocation of conservation agree- ment. By written notice to the county, the landowner may revoke this conservation agreement. Such revocation shall result in loss of qualifying farm status. (1985 (Reg. Sess., 1986), c. 102, s. 1.) 017 § 106 -738. Voluntary 018 ry gricultural districts. (a) An- ordinance adopted under this Article shall provide: (1) For the establishment of voluntary agricultural districts consisting initially of at least the number of contiguous acres of qualifving farmland or the number of qualifying farms deemed appropriate by the board of county commis- sioners; (2) For the formation of such districts upon the execution by the owners of the requisite acreage of an agreement to sustain agriculture in the district; (3) That the form of this agreement must be reviewed and ap- proved by an agricultural advisory board established un- der G.S. 106 -739 or some other county board or official; (4) That each such district have a representative on the agri- cultural advisory board established under G.S. 106-739. (b) The purpose of such agricultural districts shall be to increase identity and pride in the agricultural community and its way of life and to increase protection from nuisance suits and other negative impacts on properly managed farms. The county may take such action as it deems appropriate to encourage the formation of such districts and to further their purposes and objectives. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -739. Agricultural advisory board. An ordinance adopted under this Article shall provide for the establishment of an agricultural advisory board, organized and ap- pointed as the county shall deem appropriate. The county may con- fer upon this advison, board authority to: (1) Review and make recommendations concerning the estab- lishment and modification of agricultural districts; (2) Review and make recommendations concerning any ordi- nance or amendment adopted or proposed for adoption un- der this Article; (3) Hold: public hearings on public projects likely to have an impact on agricultural operations, particufarly if such projects involve condemnation of all or part of any qualify- ing farm; (4) Advise the board of county commissioners on projects, pro- grams, or issues affecting the agricultural economy or way of life within the count}; (5) Perform other related tasks or duties assigned by the board of county commissioners. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -740. Public hearings on condemnation of farmland. An ordinance adopted under this Article may provide that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland with a voluntary agricultural district until such agency has re- quested the local agricultural advisory board established under G.S. 106 -739 to hold a public hearing on the proposed condemna- tion. (1) Following a public hearing held pursuant to this section, the board shall prepare and submit written findings and a recommendation to the decision - making body of the agency proposing acquisition. (2) The board designated to hold the hearing shall have 30 days after receiving a request under this section to hold the public hearing and submit its findings and recommen- dations to the - agency. (3) The agency may not formally initiate a condemnation ac- Q 19 tion while the proposed condemnation is properly before the advisor}, board within these time limitations. (1985 (Reg.-Sess., 1986), c. 1025, s. 1.) § 106 -741. Record notice of proximity to farm- lands. (a) Any county that has a computerized land records system may require that such records include some form of notice reasonably calculated- to alert a person researching the title of a particular tract that such tract is located within one -half mile of a poultry, swine, or dairy qualifying farm or within 600 feet of any other qualifying farm or within one -half mile of a voluntary agricultural district. (b) In no event shall the county or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfea- sance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under sub- section (a). (c) In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -742. Waiver of water and sewer assessments. (a) A county may provide by ordinance that its water and sewer assessments be held in abeyance, with or without interest, for farms, whether inside or outside of a voluntary agricultural dis- trict, until improvements on such property are connected to the water or sewer system for which the assessment was made. (b) The ordinance may provide that, when the period of abeyance ends, the assessment is. payable in accordance with the terms set out in the assessment resolution. (c) Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. (d) If an ordinance is adopted under this section, then the assess- ment procedures followed under Article 9 of Chapter 153A shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordi- nance was in effect. (e) Nothing in this section is intended to diminish the authority of counties to hold assessments in abeyance under G.S. 153A -201. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) § 106 -743. County ordinances. A county adopting an ordinance under this Article may consult with the North Carolina Commissioner of Agriculture or his staff before adoption, and shall record the ordinance with the Commis- sioner's office after adoption. Thereafter, the county shall submit to the Commissioner at least once a year, a written report including the status, progress and activities of the county's farmland preser- vation program under this Article. (1985 (Reg. Sess., 1986), c. 1025, s. 1.) §. 106 -744. Purchase of agricultural conservation easements. (a) A county may, with the voluntary consent of landowners, O ti O acquire by purchase agricultural conservation easements over qual- ifying farmland as defined by G.S. 106 -737 located within a volun- tary agricultural district as defined by G.S. 106 -738. (b) For purposes of this section, "agricultural conservation ease- ment" means a negative easement in gross restricting residential, commercial, and industrial development of land for the purpose of maintaining -its agricultural production capability. Such easement: (1) May permit the creation of not more than .three lots that -meet applicable county zoning and subdivision regula- _ - -. (2) ' Shall be perpetual in du'rat'ion,' provided that, -at least 20 years after the -purchase of 'an easement,• -a county may agree to reconvey the easement to the owner of the land for consideration, if the landowner can demonstrate to the sat - isfaction of the county that commercial agriculture is no longer practicable on the land in question. - (c) There is established a "North Carolina Farmland Preserva- tion Trust Fund" to be administered by the Commissioner of Agri- culture. The Trust Fund shall consist of all monies received for the purpose of purchasing agricultural conservation easements or transferred from counties or private sources. The Trust Fund shall be invested as provided in G.S. 147 -69.2 and G.S. 147 -69.3. , The Commissioner shall use -Trust Fund monies for the purchase of agricultural conservation easements, including transaction costs, and shall distribute Trust Fund monies to counties and private nonprofit conservation organizations for such purchases, including transaction costs. The Commissioner of Agriculture shall adopt_. rules and regulations governing the use, distribution, investment, and management of Trust Fund monies. (d) This section shall apply to agricultural conservation ease- ments falling within its terms. This section shall not be construed to make unenforceable any, restriction, easement, covenant, or con- dition that does not comply with the requirements of this section. This section shall not be construed to invalidate any farmland preservation program. This section shall not be construed to diminish the powers of any public entity, agency, or instrumentality to acquire by purchase, gift, devise, inheritance, eminent domain, or otherwise and to use property of any kind for public purposes. This section shall not be construed to authorize any public entity, agency, or instrumentality to acquire by eminent domain an agri- cultural conservation easement. (1991, c. 734, s. 1.) Editor's Note. — Session Laws 1991, c. 734, s. 2, makes this section effective. August 1, 1991. H 106 -745 to 106 -749: Reserved for future codification pur- poses. 1 O R A N G E C 0 U N T Y 11 BOARD OF COMMISSIONERS 1 ACTION AGENDA ITEM ABSTRACT Meeting Date: FEBRUARY 24,1992 Action Agenda Item # SUBJECT: MINIMUM HOUSING CODE AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING —X —Yes No ATTACHMENT(S): INFORMATION CONTACT: Planning Director Extension 2592 Revised Ordinance G.S. 153A -123 TELEPHONE NUMBERS: G.S. 153A -351 Hillsborough - 732 -8181 Part 6 of Article 19 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To receive citizen comment on proposed ordinance modifications to the "Minimum Housing Code ", which would, upon adoption, clarify its administration, enforcement and interpretation by staff and the public. BACKGROUND: In 1984, the Orange County Board of Commissioners adopted a "Minimum Housing Code ". It was recognized by the community that there were dwellings unfit for human habitation due to unsafe structural conditions; fire hazards, inadequate light and ventilation, inadequate sanitary facilities and other inimical conditions detrimental to the welfare of the occupants and the public. The 1987 Orange County Low and Moderate Income Housing Task Force Report substantiated the continued existence of substandard housing. "A total of 513 residential structures (2.4% of county's housing supply) still lacked indoor bathrooms. Nearly 12% of Orange County homes lacked heating systems and had to rely on space heaters and other similar sources of warmth. In one township, 34% of the inhabited structures fell into this category. In all townships but Chapel Hill and Eno, the level was at least 20%." Furthermore, there is an increasing rate of depreciation in the overall stock of housing. The 2 minimum housing code represents one means of addressing this shift. Since its adoption, the ordinance provisions have been administered and enforced by the Housing /Community Development Department of Orange County. However, it is proposed that this responsibility be transferred to Orange County Planning and Inspections Department since G.S. 153A -351.1 requires that inspections be conducted by certified code enforcement officers. The Inspections Division, under the direction of the Code Enforcement Supervisor, has four code enforcement officers cross trained and certified by the N.C. Code Qualifications Board in building, electrical, plumbing, mechanical, and fire inspections. The original ordinance text has also be reformatted for further clarification of code provisions. Specific amendments were made to simplify interpretation and also to comply with N.C. State Building Codes and Regulations. It should also be noted that the provisions of the ordinance have been expanded to include all dwellings within the County, not just rental units. Provisions in Article XVIII allow for the continued use of a dwelling existing on the date of ordinance adoption provided that it does not represent a threat to the general safety and welfare of the occupant or public. All amendment proposals are highlighted in boldface type on the attached ordinance. RECOMMENDATION: The Planning and Inspections Staff recommends approval of the proposed amendments to the Minimum Housing Code. A Planning Board recommendation is not required. The Board of Commissioners may consider the amendments for decision at its March 17, 1992 meeting. 023 MINIMUM HOUSING CODE ARTICLE 1 - GENERAL PROVISIONS 1.1 LONG TITLE AND AUTHORITY. An ordinance establishing minimum housing standards for dwellings within the designated areas of Orange County and providing for the administration, enforcement pursuant to G.S. 153A -121, 153A -122, 153A -123, 153A -351 and 160a -441 et seq. (Article 19, Part 6. Minimum Housing Standards). 1.2 !SHORT TITLE. This ordinance may be known and cited as the "Minimum Housing Code " for Orange County. 1.3 FINDINGS. It is hereby declared that there exists in Orange County dwellings that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions. Hence, these conditions render dwellings unsafe or unsanitary, or detrimental to the health, safety, morals or otherwise harmful to the welfare of the residents. 1.3 PURPOSE. The purpose of this Minimum Housing Code is to protect the health, safety and welfare of the people of Orange County by establishing minimum housing standards for dwellings to provide for the elimination of overcrowding, to provide for the enforce nt of sanitary conditions in and around structures used for husian habitation, to determine the responsibilities of owners and occupants of dwelling and to provide for the administration and enforcement of this code. 1.4 APPLICABILITY. The provisions of Minimum Housing Code shall apply to any person owning, occupying, managing or controlling any dwelling within the jurisdiction of Orange County unless otherwise ordained by the Orange County Board of Commissioners and pursuant to G.S. 160A -441. 024 ARTICLE II-- DEFINITIONS 2.1 INTENT. The following definitions shall apply in the interpretation and enforcement of this ordinance.Terms not defined herein shall have the meanings customarily assigned to them. Words having a masculine gender shall include the feminine and neuter genders. 2.2 DEFINITIONS. (1) "Administrator" means the County Manager or authorized representative charged with the responsibility of administration and enforcing this Minimum Housing Code. (2) "Animal" means any living species other than a human, insect or plant. (3) "Basement" means any building story below grade. (4) "Basic structural elements" means the parts of a building which provide the principal strength, stability, integrity, shape and safety, include, but not limited to,.plates, studs, joists, rafters, stringers, stairs, subflooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry and other essential components. (5) "Building Materials" means and includes, but is limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete or cement, nails, screws, fence post and fencing. (6) "Deteriorate" means to decay, decompose or degenerate. (7) "Deteriorated" mean's that a dwelling can be repaired, altered, or improved to comply with all of the minimum standards established by this ordinance at a cost not in excess of fifty (50) percent of its assessed value, as determined by the findings of the Public Officer. (8) "Dilapidated " mean s that a dwelling cannot be repaired, altered or improved to comply with all of the minimum standards established by this ordinance except at a cost in excess of fifty (50) percent of its accessed value, as determined by the finding of the Public Officer. (9) "Dwelling" means any structure including rooming units and dwelling units or any part or yard thereof used for residential purpose, whether occupied or not. 02Z')- 3 (10) "Dwelling unit" means a single room or rooms providing complete, independent living facilities for one or more persons, including permanent provision for living, sleeping, eating, cooking, and sanitation. (11) "Emergency" means a condition of imminent danger calling for immediate action to avoid death, injury or illness to a human or the destruction or severe damage of real or personal property. (12) "Extermination" means the control and elimination of insects, rodents or other pest by removing or making in accessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination method approved by the Public officer. (13) "Finish surfaces" means materials used for the covering of basic structural elements. Finish surfaces include, but are not limited to, ceilings, walls, wainscotting, kickboards, moldings, stops and floor coverings. (14) "Fire Hazard" means condition that may increase the threat of a fire. (15) "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking consumption of food including the combustible and non - combustible waste material resulting therefrom including paper, rags, cartons, boxes, tin cans, glass, dust and similar household waste. (16) "Good Repair" means to be properly installed, free of decay and deterioration, safe, stable and maintained sufficiently free of defects or deteriorations so as to be in compliance with the applicable provisions of this ordinance. (17) "Habitable room" means any room within a structure for living, sleeping, eating, or cooking. (Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms. All habitable rooms must meet all light, ventilation, and area standards of this !Minimum Housing Code. (18) "Infestation" means the presence, within or around a dwelling, of any insect, rodents or pests in such number as to constitute a menace to health, safety or welfare of the occupants or the public. (19) "Interior fixtures" means those interior items and hardware which provide customary finished amenities and protection within a dwelling. Interior fixtures include, but are not limited to, doors, doorknobs, latches, locks, hinges, handles, hooks, light fixtures, electrical outlets or 026 4. switch cover plates, vents , or openings grates, railings, shelving, cabinets and mirrors. (20) "Junk" includes, but is not limited to, parts of machinery or motor vehicles, unused stoves or other appliances stored in the open, remnants of wood, metal or any other material, or other cast -off material of any kind, whether or not the same could be put to any reasonable use. (21) "Multiple Dwelling" means a any dwelling with two or more units. (22) "Natural Person" means a human being. (23) "Occupancy" or "occupy" means the fact or act of being a human being living or sleeping in a dwelling or unit within a dwelling, whether the human being physically present or temporarily absent. (24) "Occupant" means any person living, sleeping cooking or eating in, or having actual possession of a dwelling. (25) "Owner" or "Ownership" means any person holding legal or equitable title to a property or to real improvements upon a property solely, jointly, by the entireties, in common or as land contract vendee. "Owner" also means any person who has or exercises care, custody, dominion or control over any property. (26) "Person" means a natural person, firm, partnership, association or corporation. (27) "Public Authority" means the Orange County Housing Authority or any officer who is in charge of any department or branch of the government of Orange County or the State .of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the county. (28) "Public Officer" means the officer or officers employed by the County and designated by the County Manager as the officer authorized to exercise the powers prescribed by this ordinance. Any such officer shall be an appropriately certified code enforcement official as defined and provided in G.S. 153A- 351.1. (29) "Premises" means any improved or unimproved lot or parcel of land and its buildings and structures. (30) "Rental dwelling" means a dwelling containing dwelling units which are leased or rented. (31) "Rental Unit" means any dwelling unit rented or leased. O'r 5 (32) "Residential" means all dwellings, structures, containing dwelling and rooming units, accessory structures and yards. (33) "Roomer" means a person who is provided with living or sleeping quarters with a rooming dwelling. (34) "Rooming dwelling" means a dwelling containing rooming units. (35) "Rooming unit" means a room or group of rooms located within a rooming dwelling used or intended to be used for living and sleeping, but not for cooking purposes. Such rooming unit shall meet or exceed the required floor appears as stated in 7.2(b). (36). "Sanitary" means free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to humans or animals, or which produces strong odors or which provides food for, or is an available source of food for animals or insects. (37) "Structure" means anything constructed or erected. (38) "Unsafe" means a condition which is reasonably likely to do harm to humans or property if not corrected or stopped. (39) "Unfit for Human Habitation" means that conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with one or more the minimum standards established by this ordinance. (40) "Vermin" means rodents, birds and insects which may be destructive of real or personal property or injurious to health. (41) "Window area" means the area of the glazing of a window through which light passes, including the area taken up by the window pane dividers. (42) "Yard" means all parts of a piece of property between dwelling foundation and the property lines, as well as that portion between of public property or right of way lying between that piece of property and the street curb or Pavement. ARTICLE III - MINIMUM STANDARDS 3.1 COMPLIANCE REQUIRED. All dwellings shall meet the standards set forth in this Housing Code. No person shall lease any dwelling or dwelling unit which does not comply with all of the minimum housing standards C established by this ordinance. 3.2 BASIC STRUCTURAL ELEMENTS. Basic structural elements shall be in good repair and shall be adequate to support the imposed load as required by the Minimum Housing Code. 3.3 FOUNDATION AND SUPPORTS. Foundations, foundation walls and supporting piers and columns shall be in good repair and shall be adequate to support the imposed load as required by this Minimum Housing Code. 3.4 BASEMENT WALLS AND FLOORS. Walls and floors of basements shall be in good repair. 3.5 DWELLING FLOORS The ground shall not be used as a floor. Flooring cannot be put in direct contact with the ground. 3.6 EXTERIOR ATTACHMENTS. Exterior attachments to basic structural elements, including but not limited to gutters, downspouts, screening, vents, awnings, utility connections, shall be in good repair. 3.7 PORCH, DECK AND SPLIT -LEVEL RAILINGS Any side of floor, porch, deck, stoop or patio which is more than 30 inches above the immediately adjacent ground or floor shall be bounded by a guardrail. 3.8 STAIRWAY HANDRAILS AND GUARDRAILS. (a) Stairways with more than 4 steps shall be bounded by railings which are properly installed and good repair. (b) Open sides of stairway having a vertical rise of more that 30 inches shall have guardrails to meet the state building codes. 3.9 INTERIOR SURFACES. All interior surfaces shall have a finished surface free dirt, grease, oil, peeling and flaking paint, and maintained in a sanitary condition. 3.10 PAINT CHIPS. All interior /exterior surfaces which are accessible to children 3.11 3.12 V�J 7 under the age of seven (7) which are covered with lead -based paint which is loose, cracking, scaling, peeling, chipping, and flaking shall be treated or covered as follows: (a) Surfaces to be treated must be thoroughly washed, sanded, and scraped or wire brushed so as to remove all loose, cracking, scaling, peeling, chipping, and flaking pain and then repainted with at least 2.coats of suitable nonleaded paint. (b) Surfaces to be covered shall be free of any loose, cracking, scaling, peeling, chipping, and flaking, and then covered with gypsum wall board, plywood, drywall, plaster, or other suitable material. EXIT REQUIREMENTS. Every dwelling shall be provided with exit facilities as required by the State Building Codes. All rooming units shall have access to an exterior door and exist without going though another rooming unit. SECURITY. Exterior doors shall be present and in good repair. Exterior doors shall be equipped with a properly installed locking device in good repair. All doors which provide a common hall shall be provided with a properly installed locking device in good repair without interior -keyed locks or deadbolts. Every window shall be capable of being secured. ARTICLE IV - MINIMUM PLUMBING STANDARDS 4.1 4.2 4.3 WATER SUPPLY AND SEWAGE DISPOSAL. Every dwelling unit must be provided with potable water and 24 hour a day access to a privy or commode connected to a public sewer or other means of sewage disposal approved by the Orange County Health Department or the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management. BATHROOM FACILITIES A commode /urinal or bathtub /shower must be located within a fully enclosed room (s) when provided for a dwelling. PLUMING SYSTEM INSTALLATION AHD MAINTENANCE (a) Any plumbing fixtures shall be so constructed and installed that it will function safely and effectively; and 030 s shall be maintained in good repair capable of performing the function for which it was originally installed. (b) Compliance with the N.C. State Building Codes and Regulations required whenever all or any part of an existing plumbing system is replaced, altered or expanded. (c) Whenever bathroom facilities are shared within a rooming house there shall be at least one (1) water closet or approved privy for each four (4) rooms. Said facilities shall be located within a room or rooms separated from the habitable rooms and accessible from a common hall. If sanitary facilities are outside, they shall be accessible to each roomer without passing thorough another rooming unit. ARTICLE V - MINIMUM STANDARDS OF HEATING 5.1 HEATING SYSTEMS. Every dwelling shall have a heating system. Every heating system shall be properly installed, in good repair and free of leaks and obstructions. 5.2 HEAT SUPPLY. Every heating system shall provide sufficient heat to maintain a temperature of sixty -eight degrees Fahrenheit in every bathroom or water closet compartment and required habitable room, as measured three feet above the floor. 5.3 BEAT REGULATION Where the heat regulator of a heating system is not with in direct control of the occupant, the owner shall be responsible for maintaining the temperature within all habitable rooms and bathrooms of occupied units at or above sixty -eight degrees Fahrenheit, as measured three feet above the floor. 5.4 COMPLIANCE REQUIRED. Whenever all or part of the existing heating system is replaced, modified, altered or expanded then such new installations shall be made in accordance with N.C. State Building Codes and Regulations. ARTICLE VI - MINIMUM STANDARDS FOR ELECTRICAL FACILITIES AND COMPONENTS 6.1 ELECTRICAL SYSTEMS. Every dwelling shall have an electrical system, components and 031 E safety devices which are property installed and in good repair. 6.2 ELECTRICAL OUTLETS. Every habitable room containing seventy square feet of floor area or less shall contain a least two floor or wall -type electric convenience receptacles. Every habitable room containing more than seventy square feet of floor area shall be provided with at least three but not less than one receptacle for every fifty square feet of floor space. 6.3 LIGHTING FIXTURES. Every bathroom, water closet room, laundry room, and furnace room shall contain a least one supplied ceiling or wall type electric light fixture. 6.4 JOINT USE AREA LIGHTING. Every hallway, stairway, entryway and joint use area within a multiple dwelling shall be adequately lighted by electric lights from sunset to sunrise. 6.5 SMOKE DETECTORS. Every dwelling unit shall contain an electrically operated or battery powered smoke detector in good repair. Detectors must be placed within ten feet of each sleeping area to warn occupants of'the presence of fire or smoke conditions. Detectors shall be provided with a visible light indicating operability or an audible trouble signal. Audible trouble signals shall be designed to operate at least every minute for seven consecutive days. The alarm signaling device shall not emit less than 85 decibels at 10 feet. Detectors shall be located on or near the ceiling and installed according to the manufactures installation instructions. 6.6 COMPLIANCE REQUIRED. Whenever all or part of the existing electrical system wiring or fixtures are replaced, modified, altered, or expanded then such new installations shall be made in accordance with the N.C. State Building Codes and Regulations. ARTICLE VII - MINIMUM STANDARDS FOR LIGHT AND VENTILATION 7.1 REQUIRED WINDOW AREA. (a) Each habitable room shall have a window or windows which have a combined area equal to or exceeding eight percent of the floor area or eight square feet, which ever is greater. (b) Every habitable room used for sleeping purposes in all 7.2 7.3 032 " 101, dwelling units shall have at least one window or skylight facing directly outdoors, unless served by other approved means of ventilation. (C) Every kitchen, bathroom, and water closet compartment shall comply with minimum light and ventilation requirements for habitable rooms unless provided with an approved means of mechanical ventilation as specified by the N.C. State Building Codes. NATURAL VENTILATION. All required windows specified in Section 7.1 must be maintained in working order so that they may be opened and closed safely. MECHANICAL VENTILATION. Permanently and properly installed mechanical ventilation be used in place of required natural ventilation in any habitable room. Such mechanical ventilation shall be installed in accordance to State Building Codes and maintained in good repair. ARTICLE VIII - MINIMUM CEILING HEIGHT AND AREA REQUIREMENTS 7.1 HABITABLE FLOOR AREA. (a) Every dwelling unit shall contain at least the minimum number of habitable rooms required by the N.C. State Building Codes. This provision shall not apply to mobile homes which meet Federal or State construction and safety standards at the time of manufacture. (b) Every dwelling unit shall contain at least one hundred square feet of habitable floor area for the first occupant, at least 100 square feet of additional floor area for each of the next three occupants, and at least seventy five square feet of additional habitable floor area for each additional occupant. 7.2 HABITABLE SLEEPING ROOMS. (a) Any room within a dwelling used for sleeping purposes shall be a habitable room. (b) In a rooming house every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square fee of floor area area. Every room occupied for sleeping purposes by more than one occupant shall contain at least fifty square (50) square fleet of floor are for occupant twelve years of age and over and at least thirty -five square feet of floor area for each occupant under twelve-years of age. 0 3.3 7.3 CEILING HEIGHT 11 (a)- Every habitable room shall have a clear ceiling height of 7 feet 6 inches for at least 60 square feet of net floor area or 50% of net floor area, whichever is greater. (b) Kitchen shall have a minimum ceiling height of 7 feet measured to the lowest projection from the ceiling to finished floor, excluding lighting fixtures in designated eating areas. (c) The required ceiling height for dwelling units must comply with N.C. State Codes with the exception of mobile homes complying with Federal and State requirements at the time of manufacture. ARTICLE VIII - MINIMUM STANDARDS FOR CONTROL OF VERMIN 8.1 INSECT SCREENS (a) In every dwelling unit, for protection against mosquitoes, flies, and other insects, every door used or intended for use for ventilation opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self - closing device that is in good repair. (b) Every window or other device opening to an door space used or intended to be used for ventilation shall be supplied with - screens in good repair. (c) Every basement of cellar window used or intended to be used for ventilation, and every other opening to a basement which might provided an entry for vermin shall be equipped with screens or such devices in good repair that will effectively prevent their entry. 8.2 INFESTATIONS Every dwelling shall be kept free of uncaged rodents, uncaged birds, cockroaches, fleas, lice, bedbugs or vermin. ARTICLE I8 - RESPONSIBILITIES OF OWNER AND OCCUPANTS 9.1 RESPONSIBILITIES OF OWNERS (a) It shall be the responsibility of the owner to keep and maintain each dwelling so as to comply with the minimum basic requires of this minimum housing code. If the owner is prevented from complying with such requirements by the actions of a tenant, it shall be right of the owner to terminate the tenancy and evict the tenant in accordance with applicable State law. 034 12 (b) It shall be the responsibility of an owner of a multiple dwelling to maintain the shared or public areas of the dwelling and premises thereof in a clean and sanitary condition. (c) Every owner of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling and premises thereof which he controls. (d) No owner of a dwelling shall cause or maintain a condition that creates a fire hazard. (e) Animals kept or allowed in a dwelling shall not be permitted by the owner to create any unsafe, odorous or unsanitary condition or cause any damage to the dwelling or structure except for normal wear and tear. (f) It shall be the responsibility of the owner, in all cases to furnish, supply, install, and maintain all plumbing and plumbing fixtures in a dwelling unit, including protect against freezing. (g) It shall be the responsibility of the owner in all cases to furnish, supply, install and replace all windows, window glazing, screens and doors unless damaged or broken by the willful act or neglect of the occupant. (h) The owner of any dwelling unit or rooming unit shall be responsible for provided a dwelling unit free of vermin at the time of original letting to any occupant. Whenever infestation is caused by the failure of the owner to maintain in vermin proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more the dwelling in any dwelling or in the shared or public parts of any dwelling containing two or more units, extermination shall be the responsibility of the owner. 9.2 RESPONSIBILITIES OF OCCUPANTS (a) Every occupant of a dwelling or dwelling unit shall dispose of his rubbish and garbage in a timely and sanitary manner. (b) All rooms, room surfaces, system, fixtures, facilities, equipment, appliance and furnishings within a dwelling unit or rooming unit shall be kept in a sanitary condition. (c) An occupant of a dwelling unit or rooming unit shall not cause or maintain a condition that creates a fire hazard. (d) Animals kept or allowed within a dwelling unit or rooming units shall not be permitted by the occupant to create any unsafe, odorous. or unsanitary condition or to cause damage to the dwelling or structure. 035 13 (e) An occupant of dwelling containing a single dwelling unit shall be responsible for the extermination of insects, rodents or other pest therein or on the premises if said condition was not created by the owner's lack of maintenance in vermin proofing the dwelling at the time of original leasing to the occupant. In a dwelling containing more than one dwelling unit or rooming unit, the occupant shall be responsible for extermination whenever the is the only one infested. (f) Every occupant or person in possession of a dwelling, dwelling unit, rooming house or rooming shall give the owner thereof, or his agent or employe, access to any part of such dwelling or dwelling unit and its premises at reasonable times and a reasonable manner for the purpose of making repairs and alterations as are necessary to comply with this ordinance. ARTICLE X - POWERS AND DUTIES OF THE PUBLIC OFFICER 10.1 DESIGNATION OF PUBLIC OFFICER. The Code Enforcement Supervisor Department is hereby designated the provisions of this ordinance herein prescribed. 10.2 POWERS OF THE PUBLIC OFFICER. of the Planning and inspections as the Public Officer to enforce and to exercise the duties The Public Officer is authorized to exercise such powers as may be necessary or convenient to carry out the provisions of this ordinance including but not limited to the following: (a) To enter upon premises, investigate and inspect dwellings located in the in the County, in order to determine which dwellings do not meet the "Minimum Housing Code ". Entries shall be made in accordance with applicable State and local laws. (b) To appoint and delegate the duties of officers, agents and employees when needed to assist in carrying out the purposes of this ordnance; . (c) Administer oaths and affirmations, examine witnesses and receive evidence; (d) To perform such other duties as may be prescribed herein or by the Orange County Board of Commissioners; and (e) To establish and charge a uniform and reasonable fee, subject to the approval of the Orange County Board of Commissioners,' for inspections from time to time; 036 Article. %I - INSPECTIONS 11.1 INSPECTIONS AUTHORIZED. 14 The Public Officer is hereby authorized to enter and inspect during reasonable hours and in a reasonable manner all dwellings, dwelling units, rooming houses, rooming units and the premises to determine compliance with county's Minimum Housing Code. Consent of the occupant in actual possession or control of the premises shall be sufficient permission to the Public Officer to enter upon the premises. Whenever, the Public Officer is denied permission to enter upon and inspect the premises, the Public Officer may obtain a warrant authorizing time to conduct such inspections of the premises as authorized by O.S. 15 -27.2. 11.2 BASIS FOR INSPECTIONS. Inspections will be made to obtain and maintain compliance with the standards of this "Minimum Housing Code" based upon on or more of the following: (a) A complaint received by the Public Officer of a violation of minimum housing standards; (b) An observation by Public Officer of a violation of minimum housing standards; (c) The need to determine compliance with an order or notice issued by the Public Officer; (d) An emergency observed or reasonably believed to exist; (e) A request for an inspection by the owner; or (f) Designation by the County Board of Commissioners of an area where all dwellings are to be inspected uniformly or intensively or for specific violations. ARTICLE %II - INSPECTION; DUTY OF OWNERS AND OCCUPANTS. The owner and occupant of every dwelling, dwelling unit, rooming house and rooming unit, shall give the Public Officer free access to inspect for compliance with the " Minimum Housing Code ". ARTICLE BIII - PROCEDURE FOR ENFORCEMENT. 13.1 NOTICE OF COMPLAINT Upon observing the existence of a violation of any provisions of this ordinance, the public officer shall issue and cause to be 037 15 served upon the responsible owner or occupant a complaint stating: (a) The date of the inspection; (b) The address where the violation was found; (c) A description and the location of each violation observed by the Public Officer; . (d) The name, telephone number and signature of the Public Officer responsible for the inspection; (e) To the person responsible for the violation that a hearing will be held before the Public Officer to allow for a response to said complaint and receipt other related evidence. Furthermore, that the rules of evidence prevailing in the courts of this State will not be controlling in hearings before the Public Officer; (f) The specific location, date and time of the hearing before the Public Officer (This hearing must be held not less than ten (10) days nor more thirty (30) days after serving the complaint.); 13.2 EVALUATION OF COMPLIANCE. After notice and hearing as prescribed in Section 13.1, the Public Officer shall take into consideration all relevant information and make a written finding as to state of compliance and: (a) If the dwelling is deteriorated the Public Officer shall state said findings and issue or cause to be served on an order to repair or correct conditions in accordance with the provisions of this ordinance. The order shall state the time in which the violations are to be corrected. This time shall not exceed ninety (90) days. The order may also direct and require the owner /occupant to vacate and close the dwelling until violations are corrected. The order shall contain the name, telephone number and signature of the Public Officer. (b) If the dwelling is determined to be deteriorated the Public Officer shall state said findings and issue or cause to be served on an order to repair or correct conditions in accordance with the provisions of this ordinance, or else to vacate, remove or demolish the dwelling. This period not shall exceed ninety (90) days. The order shall contain the name, telephone number and signature of the Public Officer. ARTICLE %IV - HOUSING BOARD OF APPEALS 036 1 ,16 ; - 14.1 ESTABLISHMENT AND PURPOSE A "Housing Board of Appeals" is established for the purpose of hearing and deciding appeals concerning the application or interpretation of the provisions and minimum standards of this ordinance. The Orange County Board of Adjustment shall serve as said "Housing Board of Appeals" unless otherwise ordained by the Orange County Board of Commissioners. 14.2 AUTHORITY The "Housing Board of Appeals" will hear appeals and render decisions pursuant G.S. 160- 187(a). This power shall be exercised according to the procedures and standards contained in the Orange County Zoning Ordnance for the exercise of the variance powers contained in that ordinance. 14.3 EFFECT OF APPEAL ON CORRECTION TIME LIMITS A person who has been ordered or given notice to correct a violation of this "Minimum Housing Code" within a specified period of time shall not be held accountable for any time which elapses between the filling of an appeal pursuant to Article 15, Section 15.2 unless the Public Officer certifies to the Board that suspension would cause imminent peril to life or property. Certification shall be made after the appeal is filed by the Public Officer stating that suspension of the violation would cause an imminent peril to life or property. The appellant shall be notified of this certification and requirement for compliance unless otherwise directed by court having competent jurisdiction. 14..4 APPEALS FEES. The Public Officer may, subject to the approval of the Orange County Board of Commissioners, establish and charge a uniform and reasonable fee for appeals from time to time. ARTICLE gV - APPEALS FROM ORDERS OF A PUBLIC OFFICER 15.1 CONDITION FOR APPEALS. A owner or occupant may appeal an order of a Public Officer issued pursuant to this "Minimum Housing Code" if any of the following is true: (a) He feels that the order in an incorrect interpretation of the ordinance. (b) He feels that compliance with the order will cause him undue hardship. (c) He proposes an alternative method to meet the " Minimum Housing Code" provisions cited in the order. 039 15.2 PROCEDURE FOR APPEALS. 17 (a) Any person wishing to make an appeal to the Housing Board of Appeals shall file a completed appeal form provided by the Public Officer within ten (10) days from the rendering of the decision or order. The appeal shall specify the grounds on which the appeal is based. (b) Upon the receipt of an appeal, the Public Officer shall provide the Housing Board of Appeals with information constituting the record upon which the decision appealed was made from. (c) The Housing Board of Appeals shall fix a reasonable time for the hearing and give due notice to all parties and shall render its decisions within a reasonable time. The decision of the board shall be in writing and promptly filed in the office of the Public Office. Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the Board. (d) Any person aggrieved by an order issued by the public officer or a decision rendered by the Board may petition the Superior Court for an injunction restraining the public officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the public officer pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. ARTICLE SVI - METHODS OF SERVICE OF COMPLAINTS AND ORDERS 16.1 SERVICE. Complaints and orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail. 16.2 AFFIDAVIT REQUIRED. If the whereabouts of the responsible owner /occupant is unknown after reasonable diligence, the Public Officer shall make an affidavit to that effect. 16.3 PUBLIC NOTICE. After an affidavit has been provided in accordance to section 16.2, the Public Officer shall publish notification in a newspaper having general circulation in the County. 16.4 POSTING REQUIRED. Whenever service is made by publication section 16.2 and 16.3, a notice of the be posted in a conspicuous place on the complaint or order. 040 18 -` and in according to pending proceedings shall premises affected by the ARTICLE XVII - VIOLATIONS: REMEDIES AND PENALTY 17.1 17.2 17.3 17.4 NONCOMPLYING DWELLINGS. If the responsible owner or occupant of any dwelling fails to comply with an order issued by the Public Officer in which no appeal has been received, or fails to comply with an order from the Board of Adjustment following an appeal, the Public Officer may cause the dwelling to vacated and closed. NONCOMPLYING DWELLINGS POSTED. Pursuant to section 13.2, the Public Officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation. The use or occupancy of this dwelling for human habitation is prohibited and unlawful. Removal of this placard is prohibited and unlawful." Penalties shall be determined in accordance to Section 17.5. VIOLATIONS. (a) The owner or occupant of any dwelling who fails to, with an order issued by the Public Officer or Housing Board of Appeals, pursuant to provisions of this ordinance and in which an appeal has not been filed, is guilty of a misdemeanor. Penalties to be determined in accordance to Section 17.5. (b) Occupancy of a dwelling posted or placarded as provided in section 17.2 of this ordinance shall constitute a misdemeanor. Penalties to be determined in accordance to 17.5. (a) Whenever a violation is denominated a misdemeanor under the provisions of this ordinance, the Public Officer, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or prevent the occupancy of the dwelling involved. 17.5 PENALTIES (a) Whenever the'Public Officer finds that a building is Unfit for Human habitation or dangerous within the meaning of 041 19 Section 13.2 and has notified the owner to such effect and the time limit set by the Public Officer has expired, no person shall receive rentals, offer for rent, or occupy such dwelling. (b) Each day a violation exists as stated in Section 17.5(a), each day shall be deemed a separate offence. (c) Any person violating the provisions shall be guilty of a misdemeanor and upon conviction such offender shall be punished by a fine of not more than fifty (50) dollars for each separate offense. ARTICLE XVIII - CONTINUATION OF EXISTING USES. The legal use and occupancy of a dwelling existing on the date of adoption of this "Minimum Housing Code" may be continued without change provided that; (1) the dwelling complied with the State Building Codes and Regulations at time of construction; and, (2) the dwelling and premises thereof does not represent a threat to the general safety and welfare of the occupants or public. Any alteration, modification or change of use must comply with this ordinance and applicable State Building Codes, Rules and Regulations. The provisions of this ordinance shall apply to manufactured homes or mobile homes except when Federal or State construction and safety standards provide a standard other than as provided herein and when such mobile homes meet any such Federal and State construction and safety standards at the time of manufacture. ARTICLE XIX - CONFLICT WITH OTHER PROVISIONS In the event any provision, standard or requirement of this ordinance is found to be in conflict with any provision of any other ordinance or code of the County, the provision which established the greater standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the County shall prevail. ARTICLE XX - SEVERABILITY If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provisions shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this ordinance are hereby declared to be severable. o42 20 ARTICLE-XXI - EFFECTIVE DATE This ordinance shall be effective on 043 153A -123. Enforcement of ordinances. (a) A county may provide for fines and penalties for violation of its ordinances and may secure injunctions and abatement orders to further insure compliance with its ordinances, as provided by this section. (b) unless the board of commissioners has provided otherwise, violation of a county ordinance is a misdemeanor or infraction as provided by G.S- 14 -4. An ordinance may provide by express state- ment that the maximum fine. term of imprisonment. or infraction penalty to be imposed for a violation is some amount of money or number of days less than the maximum imposed by G.S. 14 -4. 1 c) An ordinance may provide that violation subjects the offender to a civil penalty to be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within a prescribed period of time after he has been cited for violation of the ordinance. (d) An ordinance may provide that it may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such a case. the General Court of Justice has juris- diction to issue any order that may be appropriate, and it is not a defense to the county's application for equitable relief that there is an adequate remedy at law. (e) An ordinance that makes unlawful a condition existing upon or use made of real property may provide that it may be enforced by injunction and order of abatement, and the General Court of Justice has jurisdiction to issue such an order - When a violation of such an ordinance occurs, the county may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory in- junction and order of abatement commanding the defendant to cor- rect the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. In addition to an injunction, the court may enter an order of abatement as a part of the judgment in the cause. An order of abatement may direct that buildings or other structures on the property be closed, demolished, or removed: that fixtures. furniture, or other movable property be removed from buildings on the prop- erty; that -rass and weeds be cut; that improvements or repairs be made: or t-�at anv other action be taken that is necessary to bring the property into compliance with the ordinance. If the defendant fails or refuses to comply w iih an injunction or with an order of abatement within the time allowed by the court, he may be cited for contempt and the county may execute the order of abatement. If the county executes the order, it has a lien on the property, in the nature of a mechanic's and materialman's lien, for the costs of exe- cuting the order. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount ap- Proved by the judge before whom the matter was heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order. (f) Subject to the express terms of the ordinance, a county ordi- nance may be enforced by any one or more of the remedies autho- rized by this section. (g) A county ordinance may provide, when appropriate, that each continuing violation is a separate and distinct offense. 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W _ .?� y a j C'� �^ a., 3 Y •^ C w Cwt v y u S C n :i J q �• O 7 'J A -0 C y 7 Y y O J O s J.^ u(D ?_ m Y v "'� tMy�"`d� y ai -� c p r'J n C' j+ F a "Z b- y F U.- �- � 7 C 7 tj •��� -fie_ ? .�w��K90 � y —�� Cb.a..J�nw C.d °.] IQ) oll rn �W :t 96 7 Z °��'' n7j '~ d� C A 50 i .? I.M. go a i E I-M O_ 0 7- ale d v . C 050 MEMORANDUM TO: Orange County Board of commissioners John Link C�t`y age FROM: Marvin Collins, Planning Director SUBJECT: Proposed Amendments - Minimum Housing Code DATE: February 24, 1992 COPIES: Geoffrey Gledhill, County Attorney Tara Fikes, Housing & Community Development Director Gary Lance, Code Enforcement Supervisor Julie Kelly, Planner II, Current Planning Division Attached is a revised version of the above mentioned amendments which were distributed to you on Thursday, February 20. As noted in the agenda abstract, the ordinance was reformatted and text added to simplify interpretation and insure consistency with the N.C. State Building Code. To insure that the changes were consistent with the enabling legislation, the County Attorney, Housing & Community Development Director, Planner II, and I met today to review the ordinance. Several needed changes were identified, including the following: 1. The following definitions were deleted because they addressed issues not covered by the current ordinance and /or were not consistent with the enabling legislation: Administrator Building materials Junk Natural person Rental dwelling Yard 2. The following definitions were added and /or amended to be consistent with the existing ordinance and /or enabling legislation: Dwelling Manufactured home or mobile home Owner Rooming house Temporary housing 3. Inconsistencies in article /section numbering were discovered, beginning with Article VIII, and corrected. 4. Section 12.2 [formerly Section 11.2], Basis For Inspections, was amended to be consistent with the wording in the enabling legislation [G.S. 160A -443]. With the change identified in #4 above, -the the ordinance to operate on a complaint basis is in the agenda abstract, the major changes in the Code include shifting enforcement responsibility and Inspections Department, and making the provi applicable to all housing units, not just rental basic intent of retained. As noted Minimum Housing to the Planning sions of the Code units. 1 MINIMUM HOUSING CODE ARTICLE 1 - GENERAL PROVISIONS 1.1 - - -._ LONG TITLE AND AUTHORITY. An ordinance establishing minimum housing standards for dwellings within the designated areas of Orange County and providing for the administration, enforcement pursuant to G.S. 153A -121, 153A -122, 153A -123, 153A -351 and 160a -441 et seq. (Article 19, Part 6. Minimum Housing Standards). 1.2 SHORT TITLE. This ordinance may be known and cited as the "Minimum Housing Code." for Orange County. 1.3 FINDINGS. It is hereby declared that there exists in Orange County dwellings that are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions. Hence, these conditions render dwellings unsafe or unsanitary, or detrimental to the health, safety, morals or otherwise harmful to the welfare of the residents. 1.3 PURPOSE. The purpose of this Minimum Housing Code is to protect the health, safety and welfare of the people of Orange County by establishing minimum housing standards for dwellings, to provide for the elimination of overcrowding, to provide for the enforcement of sanitary conditions in and around structures used for human habitation, to determine the responsibilities of owners and occupants of dwelling, and to provide for the administration and enforcement of this code. 1.4 APPLICABILITY. The provisions of Minimum Housing Code shall apply to any person owning, occupying, managing or controlling any dwelling within the jurisdiction of Orange County unless otherwise ordained by the Orange County Board of Commissioners and pursuant to G.S. 16OA -441. 2 a ARTICLE II - DEFINITIONS 2.1 INTENT. The following definitions shall apply in the interpretation and enforcement of this ordinance. Terms not defined herein shall have the meanings customarily assigned to them. Words having a masculine gender shall include the feminine and neuter genders. 2.2 DEFINITIONS. (1) "Animal" means any living species other than a human, insect or plant. (2) "Basement" means any building story below grade. (3) "Basic structural elements" means the parts of a building which provide the principal strength, stability, integrity, shape, and safety, including, but not limited to, plates, studs, joists, rafters, stringers, stairs, subflooring, flooring, sheathing, lathing, roofing, siding, window frames, door frames, porches, railings, eaves, chimneys, flashing, masonry, and other essential components. (4) "Deteriorate" means to decay, decompose or degenerate. (5) "Deteriorated" means that a dwelling can be repaired, altered, or improved to comply with all of the minimum standards established by this ordinance at a cost not in excess of fifty (50) percent of its assessed value, as determined by the findings of the Public Officer. (6) "Dilapidated" means that a dwelling cannot be repaired, altered or improved to comply with all of the minimum standards established by this ordinance except at a cost in excess of fifty (50) percent of its assessed value, as determined by the finding of the Public Officer. (7) "Dwelling" means any building, structure, manufactured or mobile home, or part thereof which is wholly or partly used or intended to be used for living, sleeping or habitation by human occupants, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. Any manufactured home or mobile home used solely for a seasonal or vacation purpose shall not be regarded as a dwelling. Temporary housing as hereinafter defined, shall not be regarded as a dwelling. The term shall include within its meaning rooming house and rooming units, as hereinafter defined. (8) "Dwelling unit" shall mean any room or group of rooms, including a bathroom with a commode or urinal and tub or �t 3 shower used exclusively in connection with the occupancy of the unit, located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping and cooking. (9) "Emergency" means a condition of imminent danger calling for immediate action to avoid death, injury or illness to a human or the destruction or severe damage of real or personal property. (10) "Extermination" means the control and elimination of insects, rodents or other pest by removing or making in accessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping; or by any other recognized and legal pest elimination method approved by the Public officer. (11) "Finish surfaces" means materials used for the covering of basic structural elements. Finish surfaces include, but are not limited to, ceilings, walls, wainscotting, kickboards, moldings, stops and floor coverings. (12) "Fire Hazard" means condition that may increase the threat of a fire. (13) "Garbage" means animal and vegetable waste resulting from the handling, preparation, cooking consumption of food including the combustible and non - combustible waste material resulting therefrom including paper, rags, cartons, boxes, tin cans, glass, dust, and similar household waste. (14) "Good Repair" means to be properly installed, free of decay and deterioration, safe, stable, and maintained sufficiently free of defects or deteriorations so as to be in compliance with the applicable provisions of this ordinance. (15) "Habitable room" means any room within a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces, and similar areas are not considered habitable rooms. All habitable rooms must meet all light, ventilation, and area standards of this Minimum Housing Code. (16) "Infestation" means the presence, within or around a dwelling, of any insect, rodents or pests in such number as to constitute a menace to health, safety or welfare of the occupants or the public. (17) "Interior fixtures" means those interior items and hardware which provide customary finished amenities and protection within a dwelling. Interior fixtures include, but are not limited to, doors, doorknobs, latches, locks, hinges, 4 handles, hooks, light fixtures, electrical outlets or switch cover plates, vents , or openings grates, railings, shelving, cabinets, and mirrors. (18) Manufactured home or mobile home shall mean a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi - permanent foundation having a measurement of over thrity -two (32) feet in length and over eight (8) feet in width. As used in this Ordinance, "mobile home" also means a double -wide mobile home which is two (2) or more portable manufactured housing units designed for transportation on their own chassis, which connect on site for placement on a temporary or semi - permanent foundation having a measurement of over thirty -two (32) feet in length and over eight (8) feet in width. (19) "Multiple Dwelling" means a any dwelling with two (2) or more units. (20) "Occupancy" or "occupy" means the fact or act of being a human being living or sleeping in a dwelling or unit within a dwelling, whether the human being is physically present or temporarily absent. (21) "Occupant" means any person living, sleeping cooking or eating in, or having actual possession of a dwelling. (22) "Owner,'-shall mean any person who alone, jointly, or severally with others: (a) Shall have title to any dwelling, dwelling unit or rooming unit, with or without accompany actual possession thereof; or (b) Shall have charge, care or control of any dwelling, dwelling unit or rooming unit, as owner or agent of the actual owner, or as executor, executrix, administrator, administratix, trustee or guardian of the estate of the actual owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance, and the rules and regulations adopted pursuant thereto, to the same extend as if he were the owner. (23) "Person" means a person, firm, partnership, association or corporation. (24) "Public Authority" means the Orange County Housing Authority or any officer who is in charge of any department. or branch of the government of Orange County or the State of North Carolina relating to health, fire, building regulations or other activities concerning dwellings in the county. 5 (25) "Public Officer" means the officer or officers employed by the County and designated by the County Manager as the officer authorized to exercise the powers prescribed by this ordinance. Any such officer shall be an appropriately certified code enforcement official as defined and provided in G.S. 153A- 351.1. (26) "Premises" means any improved or unimproved lot or parcel of land and its buildings and structures. (27) "Rental Unit" means any dwelling unit rented or leased. (28) "Residential" means all dwellings, structures, containing dwelling and rooming units, accessory structures, and yards. (29) "Roomer" means a person who is provided with living or sleeping quarters with a rooming dwelling. (30) "Rooming house" shall mean.any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not related by blood, adoption, or marriage to the owner or operator. (31) "Rooming unit" means any room or group of rooms including or not including a private bath forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating. (32) "Sanitary" means free of grease, excrement, dirt, food residue, garbage, rust or similar matter which can harbor bacteria unsafe to humans or animals, or which produces strong odors or which provides food for, or is an available source of food for animals or insects. (33) "Structure" means anything constructed or erected. (34) Temporary Housing shall mean any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty consecutive days. (35) "Unsafe" means a condition which is reasonably likely to do harm to humans or property if not corrected or stopped. (36) "Unfit for Human Habitation" means that conditions exist in a dwelling, dwelling unit, rooming house or rooming unit which violate or do not comply with one or more the minimum standards established by this ordinance. (37) "Vermin" means rodents, birds and insects which may be 6 destructive of real or personal property or injurious to health. (38) "Window area" means the area of the glazing of a window through which light passes, including the area taken up by the window pane dividers. ARTICLE III - MINIMUM STANDARDS 3.1 COMPLIANCE REQUIRED. All dwellings shall meet the standards set forth in this Housing Code. No person shall lease any dwelling or dwelling unit which does not comply with all of the minimum housing standards established by this ordinance. 3.2 BASIC STRUCTURAL ELEMENTS. Basic structural elements shall be in good repair and shall be adequate to support the imposed load as required by the Minimum Housing Code. 3.3 FOUNDATION AND SUPPORTS. Foundations, foundation walls and supporting piers and columns shall be in good repair and shall be adequate to support the imposed load as required by this Minimum Housing Code. 3.4 BASEMENT WALLS AND FLOORS. Walls and floors of basements shall be in good repair. 3.s DWELLING FLOORS The ground shall not be used as a floor. Flooring cannot be put in direct contact with the ground. 3.6 EXTERIOR ATTACHMENTS. Exterior attachments to basic structural elements, including but not limited to gutters, downspouts, screening, vents, awnings, utility connections, shall be in good repair. 3.7 PORCH, DECK, AND SPLIT -LEVEL RAILINGS Any side of floor, porch, deck, stoop or patio which is more than thirty (30) inches above the immediately adjacent ground or floor shall be bounded by a guardrail. 3.8 STAIRWAY HANDRAILS AND GUARDRAILS. 7 (a) Stairways with more than four (4) steps shall be bounded by railings which are properly installed and good repair. (b) Open sides of stairway having a vertical rise of more that thirty (30) inches shall have guardrails to meet the State Building Codes. 3.9 INTERIOR SURFACES. All interior surfaces shall have a finished surface free of dirt, grease, oil, peeling and flaking paint, and maintained in a sanitary condition. 3.10 PAINT CHIPS. All interior /exterior surfaces which are accessible to children under the age of seven (7) which are covered with lead -based paint which is loose, cracking, scaling, peeling, chipping, and flaking shall be treated or covered as follows: (a) Surfaces to be treated must be thoroughly washed, sanded, and scraped or wire brushed so as to remove all loose, cracking, scaling, peeling, chipping, and flaking pain and then repainted with at least two (2) coats of suitable nonleaded paint. (b) Surfaces to be covered shall be free of any loose, cracking, scaling, peeling, chipping, and flaking, and then covered with gypsum wall board, plywood, drywall, plaster, or other suitable material. 3.11 EXIT REQUIREMENTS. Every dwelling shall be provided with exit facilities as required by the State Building Codes. All rooming units shall have access to an exterior door and exist without going though another rooming unit. 3.12 SECURITY. Exterior doors shall be present and in good repair. Exterior doors shall be equipped with a properly installed locking device in good repair. All doors which provide a common hall shall be provided with a properly installed locking device in good repair without interior -keyed locks or deadbolts. Every window shall be capable of being secured. ARTICLE IV - MINIMUM PLUMBING STANDARDS 4.1 WATER SUPPLY AND SEWAGE DISPOSAL. 4.2 4.3 I :] Every dwelling unit must be provided with potable water and 24 -hour a day access to a privy or commode connected to a public sewer or other means of sewage disposal approved by the Orange County Health Department or the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management. BATHROOM FACILITIES A commode /urinal or bathtub /shower must be located within a fully enclosed room (s) when provided for a dwel -ling. PLUMBING SYSTEM INSTALLATION AND MAINTENANCE (a) Any plumbing fixtures shall be so constructed and installed that it will function safely and effectively; and shall be maintained in good repair capable of performing the function for which it was originally installed. (b) Compliance with the N.C. State Building Codes and Regulations required whenever all or any part of an existing plumbing system is replaced, altered or expanded. (c) Whenever bathroom facilities are shared within a rooming house there shall be at least one (1) water closet or approved privy for each four (4) rooms. Said facilities shall be located within a room or rooms separated from the habitable rooms and accessible from a common hall. If sanitary facilities are outside, they shall be accessible to each roomer without passing thorough another rooming unit. ARTICLE V - MINIMUM STANDARDS OF HEATING 5.1 5.2 HEATING SYSTEMS. Every dwelling shall have a heating system. Every heating system shall be properly installed, in good repair and free of leaks and obstructions. HEAT SUPPLY. Every heating system shall provide sufficient heat to maintain a temperature of sixty -eight (68) degrees Fahrenheit in every bathroom or water closet compartment and required habitable room, as measured three (3) feet above the floor. 5.3 HEAT REGULATION Where the heat regulator of a heating system is not with in direct control of the occupant, the owner shall be responsible for maintaining the temperature within all habitable rooms and IQ bathrooms of occupied units at or above sixty -eight (68) degrees Fahrenheit, as measured three (3) feet above the floor. 5.4 COMPLIANCE REQUIRED. Whenever all or part of the existing heating system is replaced, modified, altered or expanded, then such new installations shall be made in accordance with N.C. State Building Codes and Regulations. ARTICLE VI - MINIMUM STANDARDS FOR ELECTRICAL FACILITIES AND COMPONENTS 6.1 ELECTRICAL SYSTEMS. Every dwelling shall have an electrical system, components and safety devices which are property installed and in good repair. 6.2 ELECTRICAL OUTLETS. Every habitable room containing seventy square feet of floor area or less shall contain a least two (2) floor or wall -type electric convenience receptacles. Every habitable room containing more than seventy (70) square feet of floor area shall be provided with at least three (3) but not less than one (1) receptacle for every fifty (50) square feet of floor space. 6.3 LIGHTING FIXTURES. Every bathroom, water closet room, laundry room, and furnace room shall contain a least one (1) supplied ceiling or wall type electric light fixture. 6.4 JOINT USE AREA LIGHTING. Every hallway, stairway, entryway and joint use area within a multiple dwelling shall be adequately lighted by electric lights from sunset to sunrise. 6.5 SMOKE DETECTORS. Every dwelling unit shall contain an electrically operated or battery powered smoke detector in good repair. Detectors must be placed within ten (10) feet of each sleeping area to warn occupants of the presence of fire or smoke conditions. Detectors shall be provided with a visible light indicating operability or an audible trouble signal. Audible trouble signals shall be designed to operate at least every minute for seven (7) consecutive days. The alarm signaling device shall not emit less than eighty -five (85) decibels at ten (10) feet. Detectors shall be located on or near the ceiling and installed according to the manufactures installation instructions. 6.6 COMPLIANCE REQUIRED. 10 Whenever all or part of the existing electrical system wiring or fixtures are replaced, modified, altered, or expanded then such new installations shall be made in accordance with the N.C. State Building Codes. ARTICLE VII - MINIMUM STANDARDS FOR LIGHT AND VENTILATION 7.1 REQUIRED WINDOW AREA. (a) Each habitable room shall have a combined area equa, percent of the floor area ever is greater. (b) Every habitable room used dwelling units shall have facing directly outdoors, means of ventilation. have a window or windows which L to or exceeding eight (8) or eight (8) square feet, which - for sleeping purposes in all at least one window or skylight unless served by other approved (C) Every kitchen, bathroom, and water closet compartment shall comply with minimum light and ventilation requirements for habitable rooms unless provided with an approved means of mechanical ventilation as specified by the N.C. State Building Codes. 7.2 NATURAL VENTILATION. All required windows specified in Section 7.1 must be maintained in working order so that they may be opened and closed safely. Windows shall be glazed with glass or other translucent materials. 7.3 MECHANICAL VENTILATION. Permanently and properly installed mechanical ventilation be used in place of required natural ventilation in any habitable room. Such mechanical ventilation shall be installed in accordance to State Building Codes and maintained in good repair. ARTICLE VIII - MINIMUM CEILING HEIGHT AND AREA REQUIREMENTS 8.1 HABITABLE FLOOR AREA. (a) Every dwelling unit shall contain at least the minimum number of habitable rooms required by the N.C. State Building Codes. This provision shall not apply to mobile homes which meet Federal or State construction and safety standards at the time of manufacture. (b) Every dwelling unit shall contain at least one hundred (100) square feet of habitable floor area for the first 11 occupant, at least one hundred (100) square feet of additional floor area for each of the next three (3) occupants, and at least seventy -five (75) square feet of additional habitable floor area for each additional occupant. 8.2 HABITABLE SLEEPING ROOMS. (a) Any room within a dwelling used for sleeping purposes shall be a habitable room. (b) In a rooming house every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square fee of floor area area. Every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor are for occupants twelve (12) years of age and over and at least thirty -five (35) square feet of floor area for each occupant under twelve (12) years of age. 8.3 CEILING HEIGHT (a) Every habitable room shall have a clear ceiling height of seven (7) feet, six (6) inches for at least sixty (60) square feet of net floor area or fifty (50) percent of net floor area, whichever is greater. (b) Kitchen shall have a minimum ceiling height of seven (7) feet measured to the lowest projection from the ceiling to finished floor, excluding lighting fixtures in designated eating areas. (c) The required ceiling height for dwelling units must comply with N.C. State Codes with the exception of mobile homes complying with Federal and State requirements at the time of manufacture. ARTICLE IY - MINIMUM STANDARDS FOR CONTROL OF VERMIN 9.1 INSECT SCREENS (a) In every dwelling unit, for protection against mosquitoes, flies, and other insects, every door used or intended for use for ventilation opening directly from a dwelling unit to outdoor space shall have supplied and installed screens and a self- closing device that is in good repair. (b) Every window or other device opening to an door space used or intended to be used for ventilation shall be supplied with screens in good repair. (c) Every basement of cellar window used or intended to be used for ventilation, and every other opening to a basement 12 which might provided an entry for vermin shall be equipped with screens or such devices in good repair that will effectively prevent their entry. 9.2 INFESTATIONS Every dwelling shall be kept free of uncaged rodents, uncaged birds, cockroaches, fleas, lice, bedbugs or vermin. ARTICLE X - RESPONSIBILITIES OF' OWNER AND OCCUPANTS 10.1 RESPONSIBILITIES OF OWNERS (a) It shall be the responsibility of the owner to keep and maintain each dwelling so as to comply with the minimum basic requires of this minimum housing code. If the owner is prevented from complying with such requirements by the actions of a tenant, it shall be right of the owner to terminate the tenancy and evict the tenant in accordance with applicable State law. (b) It shall be the responsibility of an owner of a multiple dwelling to maintain the shared or public areas of the dwelling and premises thereof in a clean and sanitary condition. (c) Every owner of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling and premises thereof which he controls. (d) No owner of a dwelling shall cause or maintain a condition that creates a fire hazard. (e) Animals kept or allowed in a dwelling shall not be permitted by the owner to create any unsafe, odorous or unsanitary condition or cause any damage to the dwelling or structure except for normal wear and tear. (f) It shall be the responsibility of the owner, in all cases to furnish, supply, install, and maintain all plumbing and plumbing fixtures in a dwelling unit, including protect against freezing. (g) It shall be the responsibility of the owner in all cases to furnish, supply, install and replace all windows, window glazing, screens and doors unless damaged or broken by the willful act or neglect of the occupant. (h) The owner of any dwelling unit or rooming unit shall be responsible for provided a dwelling unit free of vermin at the time of original letting to any occupant. Whenever infestation is caused by the failure of the owner to maintain in vermin -proof condition, extermination shall be the responsibility of the owner. exists in two or more the dwelling the shared or public parts of any or more units, extermination shall the owner. 10.2 RESPONSIBILITIES OF OCCUPANTS 13 Whenever infestation in any dwelling or in dwelling containing two be the responsibility of (a) Every occupant of a dwelling or dwelling unit shall dispose of his rubbish and garbage in a timely and sanitary manner. (b) All rooms, room surfaces, system, fixtures, facilities, equipment, appliance and furnishings within a dwelling unit or rooming unit shall be kept in a sanitary condition. (c) An occupant of a dwelling unit or rooming unit shall not cause or maintain a condition that creates a fire hazard. (d) Animals kept or allowed within a dwelling unit or rooming units shall not be permitted by the occupant to create any unsafe, odorous or unsanitary condition or to cause damage to the dwelling or structure. (e) An occupant of dwelling containing a single dwelling unit shall be responsible for the extermination of insects, rodents or other pest therein or on the premises if said condition was not created by the owner's lack of maintenance in vermin proofing the dwelling at the time of original leasing to the occupant. In a dwelling containing more than one dwelling unit or rooming unit, the occupant shall be responsible for extermination whenever the unit is the only one infested. (f) Every occupant or person in possession of a dwelling, dwelling unit, rooming house or rooming shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit and its premises at reasonable times and a reasonable manner for the purpose of making repairs and alterations as are necessary to comply with this ordinance. ARTICLE XI - POWERS AND DUTIES OF THE PUBLIC OFFICER 11.1 DESIGNATION OF PUBLIC OFFICER. The Code Enforcement Supervisor of the Planning and Inspections Department is hereby designated as the Public Officer to enforce the provisions of this ordinance and to exercise the duties herein prescribed. 11.2 POWERS OF THE PUBLIC OFFICER. The Public Officer is authorized to exercise such powers as may 14 be necessary or convenient to carry out the provisions of this ordinance including but not limited to the following: (a) To enter upon premises, investigate and inspect dwellings located in the in the County, in order to determine which dwellings do not meet the "Minimum Housing Code ". Entries shall be made in accordance with applicable State and local laws. (b) To appoint and delegate the duties of officers, agents and employees when needed to assist in carrying out the purposes of this ordnance; . (c) Administer oaths and affirmations, examine witnesses and receive evidence; (d) To perform such other duties as may be prescribed herein or by the Orange County Board of Commissioners; and (e) To establish and charge a uniform and reasonable fee, subject to the approval of the Orange County Board of Commissioners, for inspections from time to time; Article XII - INSPECTIONS 12.1 INSPECTIONS AUTHORIZED. The Public Officer is hereby authorized to enter and inspect during reasonable hours and in a reasonable manner all dwellings, dwelling units, rooming houses, rooming units and the premises to determine compliance with county's Minimum Housing Code. Consent of the occupant in actual possession or control of the premises shall be sufficient permission to the Public Officer to enter upon the premises. Whenever, the Public Officer is denied permission to enter upon and inspect the premises, the Public Officer may obtain a warrant authorizing time to conduct such inspections of the premises as authorized by G.S. 15 -27.2. 12.2 BASIS FOR INSPECTIONS. Inspections will be made to obtain and maintain compliance with the standards of this "Minimum Housing Code" based upon on or more of the following: (a) Whenever it appears to the Public Officer (on his own motion) that any dwelling or dwelling unit does not meet the minimum standards contained in this ordinance; or (b) Whenever a petition is filed with or complaint is received by the Public Officer charging that any dwelling or dwelling unit contains conditions that do not meet minimum standards contained in this ordinance. The following may 15 act by petition: (1) a public authority; (2) at least five (5) residents of the County regarding any renter- occupied dwelling. The following may act by petition or complaint provided that the person making the complaint identifies himself or herself to the Public Officer: any one (1) occupant of the dwelling unit which is renter - occupied regarding that dwelling unit. ARTICLE XIII - INSPECTION: DUTY OF OWNERS AND OCCUPANTS. The owner and occupant of every dwelling, dwelling unit, rooming house and rooming unit, shall give the Public Officer free access to inspect for compliance with the " Minimum Housing Code ". ARTICLE XIV - PROCEDURE FOR ENFORCEMENT. 14.1 NOTICE OF COMPLAINT Upon observing the existence of a violation of any provisions of this ordinance, the public officer shall issue and cause to be served upon the responsible owner or occupant a complaint stating: (a) The date of the inspection; (b) The address where the violation was found; (c) A description and the location of each violation observed by the Public Officer; . (d) The name, telephone number and signature of the Public Officer responsible for the inspection; (e) To the person responsible for the violation that a hearing will be held before the Public Officer to allow for a response to said complaint and receipt other related evidence. Furthermore, that the rules of evidence prevailing in the courts of this State will not be controlling in hearings before the Public Officer; (f) The specific location, date and time of the hearing before the Public Officer (This hearing must be held not less than ten (10) days nor more thirty (30) days after serving the complaint.); 14.2 EVALUATION OF COMPLIANCE. After notice and hearing as prescribed in Section 13.1, the Public Officer shall take into consideration all relevant information and make a written finding as to state of compliance and: i1V (a) If the dwelling is deteriorated the Public Officer shall state said findings and issue or cause to be served on an order to repair or correct conditions in accordance with the provisions of this ordinance. The order shall state the time in which the violations are to be corrected. This time shall not exceed ninety (90) days. The order may also direct and require the owner /occupant to vacate and close the dwelling until violations are corrected. The order shall contain the name, telephone number and signature of the Public Officer. (b) If the dwelling is determined to be dilapidated the Public Officer shall state said findings and issue or cause to be served on an order to repair or correct conditions in accordance with the provisions of this ordinance, or else to vacate, remove or demolish the dwelling. This period not shall exceed ninety (90) days. The order shall contain the name, telephone number and signature of the Public Officer. ARTICLE XV - HOUSING BOARD OF APPEALS 15.1 ESTABLISHMENT AND PURPOSE A "Housing Board of Appeals" is established for the purpose of hearing and deciding appeals concerning the application or interpretation of the provisions and minimum standards of this ordinance. The Orange County Board of Adjustment shall serve as said "Housing Board of Appeals" unless otherwise ordained by the Orange County Board of Commissioners. 15.2 AUTHORITY The "Housing Board of Appeals" will hear appeals and render decisions pursuant G.S. 160- 187(a). This power shall be exercised according to the procedures and standards contained in the Orange County Zoning Ordnance for the exercise of the variance powers contained in that ordinance. 15.3 EFFECT OF APPEAL ON CORRECTION TIME LIMITS A person who has been ordered or given notice to correct a violation of this "Minimum Housing Code" within a specified period of time shall not be held accountable for any time which elapses between the filling of an appeal pursuant to Article 15, Section 15.2, unless the Public Officer certifies to the Board that suspension would cause imminent peril to life or property. Certification shall be made after the appeal is filed by the Public Officer stating that suspension of the violation would cause an imminent peril to life or property. The appellant shall be notified of this certification and requirement for compliance unless otherwise directed by court having competent jurisdiction. 17 "15.4 APPEALS FEES. The Public Officer may, subject to the approval of the Orange County Board of Commissioners, establish and charge a uniform and reasonable fee for appeals from time to time. ARTICLE XVI - APPEALS FROM ORDERS OF A PUBLIC OFFICER 16.1 CONDITION FOR APPEALS. A owner or occupant may appeal an order of a Public Officer issued pursuant to this "Minimum Housing Code" if any of the following is true: (a) He feels that the order in an incorrect interpretation of the ordinance. (b) He feels that compliance with the order will cause him undue hardship. (c) He proposes an alternative method to meet the " Minimum Housing Code" provisions cited in the order. 16.2 PROCEDURE FOR APPEALS. (a) Any person wishing to make an appeal to the Housing Board of Appeals shall file a completed appeal form provided by the Public Officer within ten (10) days from the rendering of the decision or order. The appeal shall specify the grounds on which the appeal is based. (b) Upon the receipt of an appeal, the Public Officer shall provide the Housing Board of Appeals with information constituting the record upon which the decision appealed was made from. (c) The Housing Board of Appeals shall fix a reasonable time for the hearing and give due notice to all parties and shall render its decisions within a reasonable time. The decision of the board shall be in writing and promptly filed in the office of the Public Office. Every decision of the Board shall be subject to review by proceedings in the nature of certiorari instituted within fifteen (15) days of the decision of the Board. (d) Any person aggrieved by an order issued by the public officer or a decision rendered by the Board may petition the Superior Court for an injunction restraining the public officer from carrying out the order or decision and the court may, upon such petition, issue a temporary injunction restraining the public officer pending a final disposition of the cause. The petition shall be filed within 30 days after issuance of the order or rendering of the decision. 4 I ARTICLE XVII - METHODS OF SERVICE OF COMPLAINTS AND ORDERS 17.1 SERVICE. Complaints and orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail. 17.2 AFFIDAVIT REQUIRED. If the whereabouts of the responsible owner /occupant is unknown after reasonable diligence, the Public Officer shall make an affidavit to that effect. 17.3 PUBLIC NOTICE. After an affidavit has been provided in accordance to section 17.2, the Public Officer shall publish notification in a newspaper having general circulation in the County. 17.4 POSTING REQUIRED. Whenever service is made by publication and in according to section 17.2 and 17.3, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. ARTICLE XVIII - VIOLATIONS: REMEDIES AND PENALTY 18.1 NONCOMPLYING DWELLINGS. If the responsible owner or occupant of any dwelling fails to comply with an order issued by the Public Officer in which no appeal has been received, or fails to comply with an order from the Board of Adjustment following an appeal, the Public Officer may cause the dwelling to be vacated and closed. 18.2 NONCOMPLYING DWELLINGS POSTED. Pursuant to section 14.2, the Public Officer may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation. The use or occupancy of this dwelling for human habitation is prohibited and unlawful. Removal of this placard is prohibited and unlawful." Penalties shall be determined in accordance to Section 18.5. 18.3 VIOLATIONS. (a) The owner or occupant of any dwelling who fails to, with an order issued by the Public Officer or Housing Board of Appeals, pursuant to provisions of this ordinance and in 19 which an appeal has not been filed, is guilty of a misdemeanor. Penalties to be determined in accordance to Section 18.5. (b) Occupancy of a dwelling posted or placarded as provided in section 18.2 of this ordinance shall constitute a misdemeanor. Penalties to be determined in accordance to 18.5. 18.4 ABATEMENT OF VIOLATIONS. (a) Whenever a violation is denominated a misdemeanor under the provisions of this ordinance, the Public Officer, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or prevent the occupancy of the dwelling involved. 18.5 PENALTIES (a) Whenever the Public Officer finds that a building is Unfit for Human habitation or dangerous within the meaning of Section 14.2 and has notified the owner to such effect and the time limit set by the Public Officer has expired, no person shall receive rentals, offer for rent, or occupy such dwelling. (b) Each day a violation exists as stated in Section 18.5(a), each day shall be deemed a separate offence. (c) Any person violating the provisions shall be guilty of a misdemeanor and upon conviction such offender shall be punished by a fine of not more than fifty (50) dollars for each separate offense. ARTICLE XIX - CONTINUATION OF EXISTING USES. The legal use and occupancy of a dwelling existing on the date of adoption of this "Minimum Housing Code" may be continued without change provided that; (1) the dwelling complied with the State Building Codes and Regulations at time of construction; and, (2) the dwelling and premises thereof does not represent a threat to the general safety and welfare of the occupants or public. Any alteration, modification or change of use must comply with this ordinance and applicable State Building Codes, Rules and Regulations. The provisions of this ordinance shall apply to manufactured homes or mobile homes except when Federal or State construction and safety standards provide a standard other than as provided herein and when such mobile homes meet any such Federal and State construction and safety standards at the time of manufacture. 20 ARTICLE XX - 'CONFLICT WITH OTHER PROVISIONS In the event any provision, standard or requirement of this ordinance is found to be in conflict with any provision of any other ordinance or code of the County, the provision which established the greater standard or more stringent requirement for the promotion and protection of the health and safety of the residents of the County shall prevail. ARTICLE XXI - SEVERABILITY If'any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provisions shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this ordinance are hereby declared to be severable. ARTICLE XXI - EFFECTIVE DATE This ordinance shall be effective on O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: EakrpaXy 24 1992 051 Action Agenda Item I SUBJECT: Z -1 -92 LAWTON CABINET COMPANY - ZONING ATLAS AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING: �X_Yes No ATTACHMENT(S): Site Plan vicinity Map Staff Memorandum Findings of Fact Certificate of Mailing 1 INFORMATION CONTACT: Emily Cameron Extension 2580 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To receive citizen comment on a proposed Zoning Atlas amendment in Bingham Township. BACKGROUND: In early December, Mr. Stanley Lawton visited the Planning Department to discuss the use of property where his cabinet shop is located. During Staff review of the site in question, an error was discovered on the Zoning Atlas with regard to the location of the Existing Commercial -5 zoning lot and the actual location of the cabinet shop. Mr. Lawton has requested that the error be corrected. Zoning was originally applied in Bingham Township on September 2, 1981. At that time, an Existing Commercial (EC -5) designation was approved for an existing cabinet shop on the south side of Old Greensboro Road (SR 1005) between Ferguson Road (SR 1948) and Ivey Road (SR 1947). The EC -5 lot is part of lot 23 on tax map 37 of Bingham Township which is currently zone Rural Buffer, PWII, and ULW. Surrounding land uses are agricultural and residential. Adjacent zoning is Rural Buffer, PWII, and University Lake Watershed. In 1981 the EC -5 lot was drawn incorrectly on the Zoning Atlas. The cabinet shop is located on the central and eastern portions of a 4 -acre tract. The zoning lot was shown adjacent to the western boundary on an undeveloped portion of the tract. The EC -5 zoning lot approved in 1981 was 66,000 square feet 052 2 (1.52 acres) in size. The proposed relocated zoning lot is the same. The Planning Staff proposes to correct the Zoning Atlas by shifting the EC -5 lot approximately 245 feet to the east to include the existing cabinet shop, office, driveway, and parking. The PWII and ULW overlay zoning districts will remain in place. RECOMMENDATION: Article 20.3.3 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. The 30 -day period may be extended up to 60 days with the written consent of the applicant. The public hearing is the time scheduled for presentation of the Zoning Officer's recommendation. Zoning Officer Recommendation The Zoning Officer has reviewed the application, the site plan and all supporting documentation and has found that an error in the Zoning Atlas would be corrected by the proposed amendment. Provided the Planning Board and County Commissioners find in the affirmative, the Zoning Officer recommends approval of the request. No decision on the application is made by either the Planning Board or Board of Commissioners at the public hearing. Instead, the Planning Board has 60 days within which to prepare and submit a recommendation to the Board of Commissioners. Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. Administration_Recommgndgtion The Administration recommends that the application be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than April 6, 1992. 6% A.. ti Qf1i . 07L6.5 1_ II L.Li LLJ N C, cl + ,;E,;07-, < Z 053 IT) ;7 tiLW Li LM p 7. X= < Z 053 IT) ;7 tiLW Li LM p 7. 1JD�- 1 "= 4od 44 7824 O B� 121.84 AC.CAL. I ivvvu �r� II Fv 2.56 AC. �IAG ;613 p �I � � 4 �• m' _S N m l l p 24A IAC. 2105 �I I IIA � I I I • UI 4 I a II 7043 I 1 248 0398 35.23 AC.. + o 14 -91 AC. 38 N I I 0263 L I' 210 28.86 AC. a �,, W AC 1.87. R$e5 \ �� � 1, 15 A-', rRZ s 3w� I I 118 i 4 mIl 1 0854 1 6641 al 2 33 AC. w I I 4 39 • FU 0681 I Fv 13.63 AC. W 1 IIC IC 5456 I ) I1 ` 2.59 AC. 35.2 3 AC. CAL. I �ie1CSPP �r� II �� �IAG ;613 p �I � � 4 �• m' _S N m l l p 24A IAC. 2105 �I J SSA MAP 36-10 � I I I I a II 7043 I 1 248 0398 35.23 AC.. o N 257.63 I I � n �4 I I D ,1916 0 1 � 1.25 1 HE 32. 23A- 3 674 cn cn �z Z {o O r J �ie1CSPP 7177 A _S _ X4.0 IAC. 2105 SSA MAP 36-10 46o AC s 35.23 AC.. 5p3e L I' W w 24 R$e5 \ rRZ 2 .25394- (B"6440 IL I I 2 8.6951 AC II 25 26 I � 5 yAC. 2�� � 07 !00 1.25 AC. \\ . 27 0677 �1 `00 29 1435 � U F 5� Z g2 L AVWMO Q CABINET CoHF Wtti( I CV FMEti T ZOAI l AlC; : eWgLAL► 6L)FrE8 /PWIL /ULV4 PRoPOSEO; 9709 J 31 '� c ORANGE COi,TN T T PLANNING DEPARTMENT 0 j s 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 • o k MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT DATE: JANUARY 16, 1992 SUBJECT: Z -1 -92 LAWTON CABINET COMPANY GENERAL INFORMATION APPLICANT: T. Stanley Lawton 2616 Old Greensboro Road Chapel Hill, NC 27516 LOCATION: Located on the south side of Old Greensboro Road (SR 1005) between Ferguson Road (SR 1948) and Ivey Road (SR 1947). REQUESTED ACTION: Approval of Existing Commercial -5 (EC -5) Rezoning Request PURPOSE: To correct an error in the Zoning Atlas. LOT SIZE: 1.51 acres or 66,000 square feet. EXISTING LAND USE: Lawton Cabinet Company SURROUNDING LAND USE: NORTH - Old Greensboro Road and farmland EAST - A residential lot zoned RB SOUTH - A single family residence and farmland WEST - A single family residence and farmland MEMORANDUM U O 6 Z -1 -92 LAWTON CABINET COMPANY JANUARY 16i 1992 PAGE 2, JOINT PLANNING AREA LAND USE PLAN: Rural Buffer /Rural Residential ZONING: The property is presently zoned Rural Buffer, Protected Watershed II, and University Lake Watershed. The intent of the Existing Commercial -V (EC -5) is provided in Article 4.2.12 of the Zoning Ordinance. a) Intent The purpose of the Existing Commercial -V (EC -5) District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Land Use Plan. b) Application Criteria This district.will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Land Use Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. The following is a list of permitted uses in EC -5: H1 Day Nursery, Daycare, Private Kindergarten H2 Single- Family dwelling w /wo efficiency apartment H5 Mobile Home dwelling H6 Family Care Home Accesw y Uses P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police and Fire Stations) Rescue Squads, Fire Departments P21 Schools: Dance, Art and Music P25 Water and Sanitary Sewer Pumping Stations S3 Animal Hospitals; Veterinarians S6 Banks and Financial Institutions S7 Beauty and Barber Shops S10 Farm equipment and sales Volunteer z 0 � 7 MEMORANDUM Z -1 -92 LAWTON CABINET COMPANY JANUARY 16, 1992 PAGE 3 S13 Greenhouses (no on premises sales) S14 Greenhouses (on premises sales) S15 Health Services: Under 10,000 sq. ft. S21 Laundry and Dry Cleaning Services S24 Motor Vehicle Maintenance and Repair (Body Shop) S25 Motor Vehicle Sales Rental (new and used) S26 Motor Vehicle Services Stations S28 Offices and Personal Services That Attract Few Customers or Clients on Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond the Space Occupied by the Building S33 Printing and Lithography S39 Restaurants: Carry Out S40 Restaurants: Drive In S41 Restaurants: General S42 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & .Equipment Where No Adverse Impacts Occur Beyond Immediate Space Occupied By The Building Where: A) Operations Are Designed to Attract & Serve Few Customers Or Clients On Premises Other Than Employees Of The Principal Use. B) Low Volume Traffic Generation (0 -200 Trips /Day) C) All Operations Entirely Within A Fully Enclosed Building With No Outside Storage S43 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries of Lot Where The Use Is Located. A) Medium Traffic Generation (200 -300 Trips /Day) S44 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries Of The Zoning District. High Volume Traffic Generation S45 Retail Trade, Sales, & Rental of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond The Immediate Space Occupied By The Building Where: A) Operations Designed To Attract & Serve Few Customers Or Clients On Premise Other Than Employees of the Principle Use. B) Low Volume Traffic Generation (0 -200 Trips /Day) C) All Operations Within A Fully Enclosed Building & No Storage Or Display of Goods Outside A Fully Enclosed Building S46 Retail Trade, Sales, & Rental of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries of the Lot With Medium Traffic Generation (200 -800 Trips /Day) No Storage Or Display Of Goods Outside A Fully Enclosed Building S50 Storage of Goods, Outdoor obb , , MEMORANDUM Z -1 -02 LAVA CABINET COMPANY JANUARY 16, 1992 PAGE 4 S51 Storage and Warehousing, Inside Building S53 Wholesale Sales The following uses are allowed with a Class A Special Use Permit: P16 Public Utility Stations and Sub - stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit: H7 Group Care Facility P3 Buildings; Portable P22 Transmission Lines z I I I w I � aaaacc:. z O a u. z F- O _ O O z° U CO J z z am, z z (3Fr*4 j � Q ayw° •• F cn O cn F z z y d d a a w zo xl I xI I �J iUr CZ Uc. w W A w � z LTJ cg .Ti Q v N ,� 0 V v 7, =0 ti F U a �' .0 Q c ad a C m W q V O 0�6 C r w / � .� k ■ ■ - �k k ) \ 2 � / x ] .! e = § U \ }2 k a 2 « § 2 k§k2 G b h A 2 k �o � c < Q | aE22 , \Sc z z 0 . � �2 §\ k 2 e � m ; � 2 � a § ■ ƒ � � � % a d c � � � ■ § 2 w 2 = e 2 . o ; - £ . a t ©■ - e ; 2 ; ■ ° w e Ad $��t■■e� \ _ K=) Do \ \� 2E§Q � , \Sc z z 0 . � �2 §\ .\ 12 k e � m ; � 2 � a § ■ ƒ � � � % a d ° , 2 % I§ S« t 2 2 = e 2 . - £ . a t ©■ - e ; 2 ; ■ ° w e $��t■■e� 2§3 ■ ©��; 2E§Q ..� S q�22cc/)�� - - _ § a � � �_ 5 ■ 2 �.�: � .■ - \ k ■: ; 7 a o� 2§ E 2 2§ 2edi d coal ■ aA 2aIta■zu EEL =c ORANGE COUNTY PLANNING DEPARTMENT 61 ' 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLr1A 27278 t •' • e C� e. CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Emily Cameron, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about February 7, 1992, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the re guest for rezoning of a-1.5 acre-parcel in Bingham Township from Rural Buffer to Existing Commercial -5, to each property owner as required by Article 20 Section 20.6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. WITNESS my hand, this the 18th day of February. EMILY CAMERON ZONING OFFICER �J 6 2 r NOTICE OF PUBLIC HEARING ON A PROPOSED VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE, PROPOSED AMENDMENTS ,ry ••• TO THE ORANGE COUNTY MINIMUM HOUSING CODE, AND A PROPOSED ZONING ATLAS AMENDMENT Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Article 18, Part 1, Section 323, and Part 3, Section 343; Chapter 160A, Article 19, Part 6, and Part 1, Section 364; and Article 20, Sections 20.5 and 20.6, of the Grange Coun- ty Zoning Ordinance, notice is hereby given that a public hearing will be held in the Su- perior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hill- sborough, North Carolina, on Monday, February 24, 1992, at 7:30 p.m, for the purpose of giving all interested citizens an opportunity to speak for or against the following items: PROPOSED VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE The proposed ordinance would establish an Agricultural Districts Advisory Board com- prised initially of seven (7) members which would have the following powers and duties: - Review and comment on applications for qualifying farmland certification and desig- nation of voluntary agricultural districts; - Hold joint public hearings with the Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County; and - Study additional methods of farmland preservation and make recommendations to the Board of Commissioners. As voluntary agricultural districts are created, up to eight (8) additional members may be appointed. Such members must be landowners in a voluntary agricultural district. Farms which are part of a designated voluntary agricultural district will be identified as such in the Orange County Land Records System, and a notice will be included to alert persons using the system of all parcels that are within one -half mile of such district(s). In addition, landowners belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. PROPOSED AMENDMENTS TO MINIMUM HOUSING CODE The proposed amendments to the Minimum Housing Code include the following major changes: - All residential buildings, including owner- occupied dwellings, would be subject to the ordinance provisions. Currently, only renter- occupied dwellings are affected. - Enforcement of the code provisions would be the responsibility of the Code En- forcement. Supervisor in the Planning and Inspections Department or his /her desig- nee. Currently, the code provisions are enforced by the Housing and Community De- velopment Department. - The Orange County Zoning Board of Adjustment would serve as a Housing Appeals Board to hear appeals by an owner or other party from any order of the Code En- forcement Supervisor, PROPOSED ZONING ATLAS AMENDMENT The proposed Zoning Atlas amendment to be considered is as follows: 1. Z -1 -92 Lawton Cabinet Company The property in question is located on the south side of Old Greensboro Road (SR 1005) west of Ivy Road (SR 1947). The property contains 4.08 acres and is specifi- cally described as Lot 23 of Tax Map 37 in Bingham Township. The current and pro- posed zoning designation of the property is Existing Commercial (EC -5) and Rural Buffer (RB). The purpose of the request is to correct an error made in designating the boundary of the EC -5 zoning district at the time the property was zoned in Septem- ber, 1981. The area of the property zoned EC -5 is 1.51 acres. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the planning & Agricultural Center, 306F Revere Road, Hill- sborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m:, Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham) or 967 - D251 (Chapel Hill - Carrboro). Please ask for Extension 2585 or 2575. You will be directed :o a staff member who will answer your questions. - Marvin Collins, Planning Director