HomeMy WebLinkAboutORD-2017-026 Ordinance adopting a new Flood Insurance Study (FIS) and new Flood Insurance Rate Maps (FIRMs) as produced by the State of NC and FEMA PhF - ab1l
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Ordinance#:ORD-2017-026
AN ORDINANCE AMENDING THE ORANGE COUNTY
UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, Orange County has initiated amendments to the Orange County Unified
Development Ordinance (UDO) to existing flood damage prevention regulations; and
WHEREAS, the proposed amendment adopts by reference a new Flood Insurance Study
(FIS) and new Flood Insurance Rate Maps (FIRMs) as produced by the State of North Carolina and
the Federal Emergency Management Agency (FEMA); eliminates the Special Flood Hazard Area
(SFHA) Overlay District; relocates existing flood damage prevention regulations to a new section of
the UDO; and updates/revise existing regulations to ensure consistency with FEMA and State
standards; and
WHEREAS, the proposal has been found to be consistent with the 2030 Orange County
Comprehensive Plan, and
WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete; and
WHEREAS, the Board has found the proposed amendments to be reasonably necessary
to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County amends that the
UDO is hereby amended as depicted in the attached pages.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon its adoption.
Upon motion ACommissioner , seconded by
Commissioner pct , the foregoing ordinance was adopted this
14 day of , 2017.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on N 0"✓��1%� f , 2017 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
WITNESS my hand and the seal of said County, this day of ,
2017.
11 Clerk to the Board of Commissioners
sz
or f¢ Catot{'��
196
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with revisions existing floodplain management standards including the elimination of the Special
Flood Hazard Area(SFHA) Overlay District. The amendment includes modifications of existing
regulations and definitions to incorporate recent changes implemented to the Federal Emergency
Management Agency (FEMA)model flood ordinance.
Proposed amendment(s) are detailed as follows:
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO,
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete, and
• Blue Underlined Text: Denotes changes to existing regulations internally re-
located from one section to another within the UDO (i.e. moving existing
regulation(s) contained in Section 6.6.1 to Section 6.21). The movement of these
existing regulations is identified as Red Underlined Text. Staff has denoted
changes to these existing regulations in Blue Underlined Text to aid in your
review and understanding of the proposal.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/departments/planning and inspections/ordinances.php
197
ARTICLE 1 : ADMINISTRATION
S BTION 1.1: GENERAL PROVISIONS
1.1.1 Title
The official - of this document is 'Unified Development Ordinance of orange County, North
Carolina'. For c.•venience, it shall be referred to throughout this • cument as 'this Ordinance',
'the Ordinance', ' th- . is Unified Development Ordinance' or • /this UDO'.
1.1.2 Authority
This Ordinance is adopted pursuan • the statu . y authority provided in the North Carolina
General Statues (NCGS), specifically th- .r•, sions of:
(A) Chapter 153A, Article 18,
(B) Chapter 4,
(C) Chapter 160A, Art.• e 19,
(D) Chapter 39, A isle 5A,
(E) §47-31 .nd
(F) ■ x3214.5.
Fo e purpose of establishing comprehensive development regulations for designa :d portions
• Orange County and providing for administration, enforcement and amendment thereo
accord with the aforementioned provisions.
1.1.3 Flood Damage Prevention Authority—Basis for Establishment
(A) The Legislature of the State of North Carolina has delegated authority to county
governments to adopt regulations to promote the public health, safety, and general
welfare of its citizenry in the following sections of the North Carolina General Statutes:
(1) Part 6, Article 21 of Chapter 143,
(2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and
(3) § 153A-121.
(B) Flood Insurance Rate Maps (FIRM), specifically FIRM Map Index 37135 CINDOC with an
by FEMA under a Cooperating Technical State agreement with the State of North
- • - - --" --- -- - e ' e - - - .• The Special
Flood Hazard Areas (SFHA) are those identified under the Cooperating Technical State
(CTS) agreement between the State of North Carolina and FE MA in its Flood Insurance
Study (FIS) and associated Digital Flood Insurance Rate Map (DFIRM) panels, with an
effective date of November 17, 2017 for Orange County including any digital data
developed as part of the, which are adopted by reference and declared a part of this
ordinance.
Future revisions to the FIS and panels that do not change flood hazard data within the
jurisdictional authority of Orange County are also adopted by reference and declared a
part of this ordinance. Subsequent Letter of Map Revisions (LOMRs) and/or Physical
Map Revisions (PMRs) shall be adopted within 3 months.
1 This amendment incorporates existing regulations contained in Section(s) 1.1.3 and 4.3.5 of the UDO relating to
our flood program.
Orange County, North Carolina—Unified Development Ordinance Page 1-1
Article 1: AdministraVi
Section 1.1: General Provisions
For reference, previous SFHA data was produced under the CTS agreement between the
State of North Carolina and FEMA or FIS and its accompanying FIRMs for Orange
County dated February 2, 2007, with incorporation of Letters of Map Amendments 07-04-
6156R, 08-04-2897A, 08-04-2898A, 08-04-2899A, and 08-04-2900A, Letters of Map
Revision 06-04-BQ22P, 06-04-C141 P, 07-04-6156R, and 08-04-1666P and Summary of
Map Amendment#115-CWG (C) dated May 16, 2008, which with accompanying
supporting data, including Letters of Map Amendment or Revision and Summary of Map
Amendments, were adopted by reference and declared to be a part of this Ordinance as
part of the Special Flood Hazard Area Overlay District, which was eliminated with the
adoption of the aforementioned FIS and DFIRMs with an effective date of November 17
2017. 2
1.4 Purpose and Intent
(A) In order to protect and promote the health, safety and general welfare of th- ounty and
its residents, this Ordinance is hereby adopted by the Orange County Bo. d of
Commissioners.
(B) The purpose of the regulations set out in this Ordinance shall be to accomplish
.ompatible development of the land within Orange County in a ►-nner which will best
pr. ote the health, safety, and general welfare, as well as to
(1) Provide for efficiency and economy in the proces of development;
(2) : e adequate provisions for traffic;
(3) Secu : safety from fire, panic, and other :zards;
(4) Provide f. light and air;
(5) Prevent the o ercrowding of land.
(6) Avoid undue con•-ntration of •opulations;
(7) Facilitate the adequa - pr. ision of transportation, water, sewerage, schools,
parks, and other public •-quirements;
(8) Provide for the prot- tion o he surface and underground water resources of the
County;
(9) Provide for e• cient use of renew-.le and non-renewable sources of energy;
(10) Promote •esirable living conditions a • the sustained stability of neighborhoods;
(11) Prot— property against blight and depre..ation; and
(12) F•r other purposes in accordance with the C. prehensive Plan for the County.
(C) It is t - further purpose that all material included herein b reference and all material
us:: for the administration of this Ordinance, does not take -ny property, does not
duly restrict property rights or use, nor convert any of these .. public use except by
due process of law.
(6 The Ordinance is further designed to provide for residential, comme .ial, and industrial
growth in Orange County by the establishment of districts within which -ach type use can
develop properly and profitably and not interfere with the use of land in a...cent parcels
or districts.
2 The blue underlined text was originally located in Section 4.3.5 of the UDO as part of the Special Flood Hazard
Area overlay district. Red underlined text is new text proposed to reference past FIS studies,which served as the
basis for the overlay district now deleted as part of this process. The different color is intended to distinguish
between existing language,which has been moved to a new section, and new text proposed for addition to the
U DO.
Orange County, North Carolina—Unified Development Ordinance Page 1-2
Article 1: Administration
Section 1.1: General Provisiog
1.1.5 - ement of Intent-Amendments
For the pur.. - of establishing and maintaining sound, stable and desi -• e development within
Orange County t •rdinance shall not be amended except to:
(A) Correct a manifest - • in the Ordinance, or
(B) Extend the boundary of an e - • • ng district, because of changed or changing
conditions in a particular are- . in = ounty generally, or
(C) Rezone an area e• • - to a different zoning di • conditional zoning district, or
conditional :- district, or
(D) •: ge the regulations and restrictions thereof.
endments shall be reasonably necessary to promote the public health, safety, :•d general
welfare and to achieve the purposes of the adopted Comprehensive Plan or part thereo .
1.1.6 Applicability and Jurisdiction
Except as otherwise expressly stated, this Ordinance applies to all development, public or private,
within the unincorporated area of Orange County or outside of existing municipal extra-territorial
jurisdictional boundaries, or established Joint Planning Areas, approved by the County Board of
Commissioners, to the extent allowed by law:.
1.1.7 Conformance with Adopted Plans
• The provisions of this Ordinance, and any proposed ame..- -nt thereto, shall be
•-_ tent with the goals and policies included i• -- •range County Comprehensive
Plan and o .ecialized study ap• ••-. •y the Orange County Board of
Commissioners relatin• -.. . e development within the County's planning
jurisdiction.
(B) The -• • cement, interpretation, and application o - -ndards contained herein shall
.e consistent with the goals and policies of the Comprehensi - ' -• and shall not create
a situation that is inconsistent with the goals and policies contained there .
1.1.8 Regulation of Farming and Bona Fide Farm Activities
The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not
apply to property used for bona fide farm purposes, as defined within North Carolina General
Statutes, except as follows:
(A) Any non-farm use of farm property,
(B) Compliance with all regulations required to be imposed by the Federal Emergency
Management Agency (FEMA)through the National Flood Insurance Program including all
applicable Flood Insurance Rate Maps (FIRM), and
(C) Compliance with the Orange County Special Flood Hazard Area Overlay Zoning
Districtflood damage prevention regulations as detailed within this Ordinance.
.' Relationship with Other Laws, Covenant, or Deed Restrictions
(A) .e provisions of this Ordinance are inconsistent with those of stat- - • or federal law,
the mo - - trictive provision governs, to the extent permitt-• •' aw. The more
restrictive proves •- • the one that imposes greate - rictions or more stringent controls.
(B) If the provisions of this Ordina - -re ••-• sistent or conflict with provisions found in
other adopted ordinances or -:. atio e he County, the more restrictive provision
governs. The more r-- • ive provision is the o = •at imposes greater restrictions or
more strin•-• •ntrols.
(C) • -ccordance with this Ordinance, a property owner may be require. : -cord deed
restrictions, covenants, or other legal documentation outlining development Ir : ins or
Orange County, North Carolina—Unified Development Ordinance Page 1-3
Article 1: Administratitstp
Section 1.1: General Provisions
1.16 Severability
It is the legislative intent of the Board of County Commissioners in adopting this Or. ance that all
•rovisions and sections thereof shall be liberally construed to protect and preserv- the peace,
h-.Ith, safety and general welfare of the inhabitants of Orange County and, fu er, that should
any o ovision, portion, section, or subsection of this Ordinance be held to be 'onstrued as
affects • the validity of any of the remaining provisions, portions, sections • subsections, it is the
intent of '•e Board of County Commissioners that this Ordinance shall s :nd, notwithstanding the
invalidity o :ny provision, or section or part thereof.
1.1.17 Repeal of Exists • Regulations
All existing regulatio . now contained within this Ordinance . e hereby repealed. The adoption
of this Ordinance, how- er, shall not affect nor prevent an pending or future prosecution of, or
action to abate, an existin• violation of said regulations, .s amended.
(A) Status of Prior Viola sons
(1) All violations oft - regulations realed by the adoption of this Ordinance shall
remain violations o . e ordina►ces of Orange County and all penalties and
enforcement remedies et f• h herein shall be available as though the violation
were a violation of this • , nance.
(2) However, if the effect . this Irdinance is to make a formerly unlawful or
nonconforming use .ecome la ,•ul and/or conforming, then no enforcement
action shall be ta.-n except for the imposition and collection of penalties for the
violations that • curred prior to the - ective date of this Ordinance.
(B) Effect on Rights a: • Liabilities under the Flood Damage Prevention Ordinance
(1) Portion of the ordinance come forward by :-enactment of some of the
provi ••ns of the Flood Damage Prevention 0 •inance (FDPO) enacted March 2,
19: , as amended, and it is not the intention to r-seal but rather to re-enact and
intinue to enforce without interruption of such exi :rig provisions, so that all
rights and liabilities that have accrued under the FDP• are reserved and may be
enforced.
1.1.18 Interpr: ation
In t - interpretation and application of this Ordinance, all provisions shall be:
) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and
(C) Deemed to neither limit nor repeal any other powers granted under State statutes.
1.1.19 Disclaimer of Liability—Flood Regulations
e-e -- - •
• - . _ - _-_ _ _ -- _-. The degree of flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on scientific and engineering
consideration. Larger floods can and will occur. Actual flood heights may be increased by man-
made or natural causes. This ordinance does not imply that land outside the Special Flood
Hazard Areas or uses permitted within such areas will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of Orange County or by any officer or
employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.3
3 Staff is modifying existing language to ensure consistency with the 2017 minimum model flood ordinance
prepared by FEMA.
Orange County, North Carolina—Unified Development Ordinance Page 1-6
Article 1: Administration
Section 1.2: Official Zoning Ats1
1.1.20 Errors
The issuance of a permit, based on approved plans and specifications, shall not prevent the
Planning Director, Chief Building Official, Erosion Control Officer, or Floodplain Administrator rom
thereafter requiring the correction of errors in such plans and specifications or preventing • ilding
operations from being carried on in violation of this Ordinance, other County ordinances, .r the
orth Carolina Building Code.
1.1.21 Ad "nistrative Regulations
The Co. my Manager is authorized and directed to propose and promulgate ad nistrative
regulatio , including but not limited to the type and amount of data required f• a completed
application, in order to implement the provisions of this Ordinance.
1.1.22 Interim Devel► •ment Standards
(A) For the p■rpose of preventing further development in an area here plans are being
prepared f• the use of land and/or the preservation of natu .I resources, and/or
developmen• tandards are being considered with which implement such plans, interim
development s .ndards may be established which per • development that is in accord
with the contems ated plans or standards to proceed.
(B) The establishment of interim development standar•. shall be governed by the
procedures containe. in Article 2 of this Ordinanc•.
(C) Form and Content
Interim development stan•:rds enacted pursuant to this Section shall be temporary
measures established in ac •rdance with • e following criteria:
(1) The standards shall be 'n effec only for the period of time necessary to achieve
the purposes of the cont_mp .ted plan and/or its implementing mechanisms;
(2) The standards shall limit d• elopment to the type that would be permitted under
the existing standards c• tai •ed in this Ordinance and/or to that which is in
accord with the conte slated • an or its implementing mechanisms;
(3) The standards may .e in effect o in the area affected by the contemplated
plan and/or in whi• its implementi : mechanisms will apply; and
(4) The standards ' ay limit the nature an o type of development applications and
projects whic' are approved throughou he duration of the standards.
SECTION 1.2: OFFICIAL ZONING ATLAS
1.2.1 Generally
(A) The Orang: County planning and zoning jurisdiction shall •e, and hereby is, divided into
Zoning Districts as detailed in Article 3 of this Ordinance.
(B) The b• ndaries of said Zoning Districts are hereby establishes as shown on the Official
Zoni • Atlas which accompanies this Ordinance and which, wit all notations, references,
an• other information shown thereon, shall be as much a part oft 's Ordinance as it is
f y described herein. Maps and descriptions accompanying enact:d amendments shall
.e displayed by the Planning Department adjacent to the Official Zon g Atlas until such
time as the official copy is corrected.
(C The Official Zoning Atlas and any subsequent amendments shall be auth- ticated by the
Clerk to the Board of County Commissioners and kept on file in the Plannin. Department.
(D) Copies of the Official Zoning Map Atlas, or portions thereof, may be made fro time to
time. These copies are for informational purposes only and the Official Zoning A las, as
described herein, shall be the final and sole authority as to the zoning status of la •
within the zoning jurisdiction of Orange County.
Orange County, North Carolina—Unified Development Ordinance Page 1-7
Article 1: Administra
Section 1.2: Official Zoning Atlas
(E) The Planning Director shall be responsible for entering amendments to the Official
Zoning Atlas.
(F) The Planning Director shall authenticate the entry of each amendment to the Off ial
Zoning Atlas and shall maintain a record of the nature and date of entry of eac'
amendment.
(G) Changes to the Official Zoning Atlas, other than those authorized by duly 'proved
amendments to this Ordinance, shall not be made. The making of unau orized changes
.• the Official Zoning Atlas shall be considered a violation of this Ordinance.
(H) A •endments to this Ordinance that result in the change in classific. ion of any piece of
Ian. hall become effective immediately upon enactment by the Bard of County
Com •ssioners. The Board of County Commissioners, upon a ding of due cause, may
extend e effective date of any such amendments.
(I) When all • part of the Official Zoning Atlas becomes dama2ed, lost, destroyed, worn or
hard to inte 'ret by reason of its age, condition, number o• changes or otherwise, the
Atlas shall be eplaced by the Planning Director. This n••w edition of the Official Zoning
Atlas may not c'ange the zoning status of any prope . Such replacements shall be
authenticated by e Clerk of the Board of County Commissioners and shall bear the date
of replacement.
1.2.2 Interpretation of Zoning Dist "ct Boundaries
When there is any uncertainty as • the intended lo :tion of any zoning district boundary on the
Zoning Atlas, the Planning Director .hall make an terpretation of the Atlas upon request of any
person. Any person aggrieved by an, such inte •retation may appeal such interpretation to the
Board of Adjustment. The Planning Di -ctor a'd the Board of Adjustment, in interpreting the
Zoning Atlas or deciding any appeal, sh. a.sly the following standards:
(A) Boundaries indicated as approxi : ely following the centerlines of streets; highways or
alleys shall be construed as folk in. such centerlines;
(B) Boundaries indicated as app •ximately .flowing lot lines shall be construed as following
such lot lines;
(C) Boundaries indicated as approximately folio' ing City Limits shall be construed as
following such City Li s;
(D) Boundaries indicate. as following railroad lines all be construed to be the center line of
the main track;
(E) Boundaries incl. ated as following shorelines shall b- construed to follow such shorelines;
in the event • change in the shoreline, the boundary shall be construed as moving with
the actual s'orelines;
(F) Boundar.-s indicated as approximately following the cente •nes of streams, rivers,
canals akes or other bodies of water shall be construed as •flowing such centerlines;
(G) Boundaries shown as approximately following designated floc). azard area limits shall
be onstrued as following such limits;
(H) :oundaries indicated as parallel to or extensions of features indicated in Subsections A
through E above shall be so construed. Distances not specifically in.• ated on the
Zoning Atlas shall be determined by reference to the scale of the Atlas; .nd
(I Where physical or cultural features existing on the ground are at variance ith those
shown on the Zoning Atlas, or in other circumstances not covered by Subs- tions A
through F above, the Board of Adjustment shall interpret the district boundari-s.
Flood Hazard Area Overlay District:
(J) The boundaries of the Special Flood Hazard Area Overlay District shall be determined
utilizing the Flood Insurance Study;
Orange County, North Carolina—Unified Development Ordinance Page 1-8
Article 1: Administrati28
Section 1.3: Board of County Commissioners
•
be determined by scaling the distances on Flood Insurance Study maps; and
locating the outer limits of the Special Flood Hazard Area Overlay District.4
SECTION 1.3: BOARD OF COUNTY COMMISSIONERS
1. 1 Responsibilities
The Orange County Board of Commissioners shall have the following responsibilities in elation to
e administration of this Ordinance:
(A Hear and decide applications for amendments to the text, schedules, and • ap portions of
this Ordinance, which shall be processed in accordance with the provisions detailed
erein. In exercising this power, the Board is bound by the State ena• ng legislation, the
t: ms of this Ordinance, and applicable court decisions in carrying • t its legislative
fun.tion.
(B) Hear . d decide applications for the approval of Class A Spe ..I Use permit as noted in
the Sch.•ule of Permitted Uses as requiring approval of the oard of Commissioners,
which sha be processed in accordance with the provisio . detailed herein. In exercising
this power, ,e Board is bound by the State enabling leg•slation, the terms of this
Ordinance, an applicable court decisions in carrying •ut its decision making function
within a quasi-ju.icial capacity and shall make its d: isions based on substantial
evidence containee in its record of proceedings -'d shall be bound by the general and
specific standards a • requirements of the pa • ular Special Use as defined herein.
(C) Hear and decide applic- ions appealing tho - decisions appealed to the Board of County
Commissioners.
(D) Establish Rules of Procedur- for the c. duct of hearings and other proceedings before
the Board of County Commissioners *n exercising responsibilities identified herein.
(E) Make the necessary appointmen : to the Planning Board and Board of Adjustment.
(F) Provide, by appropriation, fun• for t• - administration of this Ordinance.
SECTION 1.4: PLANNING DIRECTOR
1.4.1 Responsibilities
(A) The Planning Dire► or, or his/her designee, shal ave the responsibility for the
administration, it erpretation, and enforcement of is Ordinance.
(B) Within this 0 finance, `Planning Director' is synonymous with the individual actually
serving in •at capacity or a designated employee unle . otherwise specified.
(C) The PI-•ning Director is an employee of the County hired o and reporting to the County
Man-•er and shall have the following duties in respect to thi• Ordinance:
(1 Administering all provisions of this Ordinance for which .dministrative
responsibilities are not otherwise expressly assigned;
(2) Making interpretations of the provisions of this Ordinance;
(3) Reviewing all applications submitted in accordance with the requirements of this
Ordinance to ensure compliance with the provisions of this Ordin-Ice;
(4) Coordinating County staffs compliance with duties and responsibiliti-. specified
in this Ordinance;
4 As we are eliminating the Special Flood Hazard Area Overlay District,these provisions are no longer necessary.
Orange County, North Carolina—Unified Development Ordinance Page 1-9
Article 1: Administrahain
Section 1.10: Floodplain Administrator
(0) Boards of Education; Orange County and/or Chapel Hill-Carrboro.
1.9.4 Meetings
The Planning Director is to c.• ene and chair meetings of •- •evelopment Advisory Committee.
The minutes of each meeting of th- -.mmittee are e se maintained as a separate document in
the nature of a public record in the office • ..- anning Director. Meetings shall not be open to
the public.
1.9.5 Reports
The Develo•• -nt Advisory Committee shall prepare its report on a prop. -d amendment,
Spe Ise permit, rezoning, Conditional Districts, or subdivision on the basis • e petition, if
y, and supporting documentation as well as any public plans, studies, or data for in . ion
within the official review file of the given project.
SECTION 1.10: FLOODPLAIN ADMINISTRATOR
1.10.1 Designation
The Planning Director shall be referred to as the"Floodplain Administrator" when administering
aspects of this Ordinance related to the Special Flood Hazard Area (SFHA). The Floodplain
Administrator shall hereby be appointed to administer and implement the provisions of this
Ordinance relating to the development and enforcement of various provisions associated with:
(A) Special Flood Hazard Area Overlay DistrictFlood damage prevention regulations, and
(B) State and Federal regulations concerning floodplain development.
1.10.2 Duties and Responsibilities
Duties of the Floodplain Administrator shall include, but not be limited to:
(A) Review all floodplain development applications and issue permits for all proposed
development within flood prone areasSFHA to ensure that the requirements of this
Ordinance, as well as applicable state and federal regulations,5 have been satisfied.
(B) Advise permittee that additional Federal or State permits (i.e., Wetlands, Section 404 of
the Federal Water Pollution Control Act Amendments of 1972 6Erosion and
Sedimentation Control, Riparian Buffers, Mining, Stormwater, etc.) may be required, and
if specific Federal or State permits are known, require that copies of such permits be
provided and maintained on file with the floodplain development permit.
(C) Notify adjacent communities and the North Carolina Department of Crime Control and
Public Safety, Division of Emergency Management, State Coordinator for the National
Flood Insurance Program (NFIP), prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency Management Agency
LFEMA1.
(D) Ensure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
(E) Prevent encroachments within floodways and non-encroachment areas unless the
certification and flood hazard reduction provisions comply with this Ordinance.
5 There is language throughout the revised FEMA minimum model flood ordinance requiring local jurisdictions
ensure applicable state and federal regulations are adhered to when processing a request for development within
the SFHA. Staff is revising existing language to ensure this requirement is referenced in the duties of the County
Floodplain Administrator.
6 The FEMA minimum model flood ordinance contains references to the Federal Water Pollution Control Act. Staff
is revising existing language to ensure the reference is contained within the UDO as well.
Staff is recommending adding'stormwater'to the list.
Orange County, North Carolina—Unified Development Ordinance Page 1-17
Article 1: Administratimt
Section 1.10: Floodplain Administrator
(F) Obtain actual elevation (in relation to mean sea level North American Vertical Datum
(NAVD) 1988) of the reference level (including basement) of all attendant utilities of all
new or substantially improved structures, as required by this Ordinance.8
(G) Obtain the actual elevation (in relation to mean sea levelNorth American Vertical Datum
(NAVD) 1988) to which the new or substantially improved structures and all utilities have
been flood proofed, as contained within this Ordinance.
(H) Obtain actual elevation (in relation to mean sea level North American Vertical Datum
(NAVD) 1988) of all public utilities, as contained within this Ordinance.
(I) When flood proofing is utilized for a particular structure, obtain certifications from a North
Carolina licensed Professional Engineer or Architect, as contained within this Ordinance.
(J) Where interpretation is needed as to the exact location of boundaries of the SFHAs (for
example, where there appears to be a conflict between a mapped boundary and actual
field conditions), make the necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to appeal the interpretation as
provided for within this Ordinance.
(K) When base flood elevation (BFE)data have not been provided in accordance with this
Ordinance, obtain, review, and reasonably utilize any BFE data, along with floodway data
and/or non-encroachment area data available from a Federal, State, or other source,
including data developed pursuant to Section 6.6.1 6.21.6 (B), in order to administer the
provisions of this Ordinance.
(L) When BFE data is provided, but no floodway nor non-encroachment area data has been
provided in accordance with Section/1.3.5 1.1.3, obtain, review, and reasonably utilize
any floodway data, and/or non-encroachment area data available from a Federal, State,
or other source in order to administer the provisions of this Ordinance.
(M) When the exact location of boundaries of the SFHAs conflict with the current, natural
topography information at the site, the property owner may apply and be approved for a
Letter of Map Amendment(LOMA) by FEMA. The Floodplain Administrator in the
floodplain development permit file will maintain a copy of the LOMA issued from FEMA.
(M},(N) When the lowest floor and the lowest adjacent grade of a structure, or the lowest ground
elevation of a parcel in a SFHA is above the BFE, advise the property owner of the option
to apply for a LOMA from FEMA. The Floodplain Administrator in the floodplain
development permit file will maintain a copy of the LOMA issued from FEMA. 9
(N)(0)i9Permanently maintain all records pertaining to the administration of this Ordinance and
make these records available for public inspection during normal business hours
recognizing that such information may be subject to the Privacy Act of 1974, as
amended. °
(-0),(PLMake on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit. In
exercising this power, the Floodplain Administrator has a right, upon presentation of
proper credentials, to enter on any premises within the jurisdiction of the Orange County
at any reasonable hour for the purposes of inspection or other enforcement action.
(P)(Q) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM
and/or other official flood maps/studies adopted under Section/1.3.5 1.1.3 of this
8 The new FEMA minimum model ordinance eliminates references to mean sea level, and even eliminates the
definition of mean sea level, and instead references compliance with the North American Vertical Datum(NAVD)
as established in 1988. Staff is updating references to ensure consistency.
9 Optional language contained within the FEMA minimum model ordinance that staff is recommending for
inclusion within the UDO.
10 Red underlined text being added to ensure consistency with the revised FEMA minimum model ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 1-18
Article 1: Administrat09i
Section 1.11: Erosion Control Officer
Ordinance, including any revisions thereto including LOMA, issued by State and/or
FEMA.
(-Q-)(R) Maintain a current map repository to include, but not limited to, historical and effective
FIS Report, historical and effective FIRM and other official flood maps and studies
adopted in accordance with the provisions of this Ordinance, including any revisions
thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of
mapping needs.'1
(R—).(S)_,Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this Ordinance, the
Floodplain Administrator may order the work to be immediately stopped. The stop-work
order shall be in writing and directed to the person doing the work and the owner shall be
sent a copy via the U.S. mail. The stop-work order shall state the specific work to be
stopped, the specific reason(s) for the stoppage, and the condition(s) under which the
work may be resumed. Violation of a stop-work order constitutes a Class 3
misdemeanor.
(-S-)(T) Revocation of floodplain development permits, as required. The Floodplain Administrator
may revoke and require the return of the floodplain development permit by notifying the
permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked
for any substantial departure from the approved application, plans, or specifications; for
refusal or failure to comply with the requirements of State or local laws; or for false
statements or misrepresentations made in securing the permit. Any floodplain
development permit mistakenly issued in violation of an applicable State or local law may
also be revoked.
(T)(U)__,Make periodic inspections throughout all SFHAs within the Orange County jurisdiction.
The Floodplain Administrator and each member of the Planning and Inspections
Department shall have a right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action.
(-!1)(V)_ Follow through with additional procedures of Section 9.7.
(W) Review, provide input, and make recommendations for variance requests.12
(X) Coordinate and process with other County departments, State agencies, and FEMA, all
requests for modification of Federal Insurance Rate Map (FIRM) and/or Flood Insurance
Study (FIS) data including, but not limited to, - - e -e • •- - •-• LOMA), Letters
of Map Revision (LOMR), and 'No Impact' findings on specific projects.
(11)(Y) In instances where the Floodplain Administrator receives assistance from others to
complete tasks to administer and implement this Ordinance, the Floodplain Administrator
shall be responsible for the coordination and community's overall compliance with the
NFIP and the provisions of this ordinance.13
SECTION 1.11: EROSION CONTROL OFFICER
1.11.1 Designation
The position of Orange County • • Contr. e er is hereby designated.
1.11.2 Duties and Responsib" '-
The 0 --•- ounty Erosion Control Officer shall be responsible for carryin• •- e provisions of
is Ordinance related to erosion and sedimentation control and stormwater managem- . e
ii Staff is recommending adding language contained within the revised FEMA minimum model ordinance to ensure
consistency.
iz Adding language contained within the revised FEMA minimum model ordinance to ensure consistency.
is Red underlined text being added to ensure consistency with the revised FEMA minimum model ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 1-19
Article 2: Procedur ,
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
Within the Efland Village Overlay District, no construction activity shall b-. n nor
shall any excavation, soil removal, filling, grading or disturbance of ve,-tation,
including trees, be commenced, nor any sign erected for any use .eject to the
requirements of the overlay district until such time as a site pla as been
approved and a permit issued by the Planning Director in a 'ordance with this
ection and Section 2.4 of this Ordinance.
(D) Major Tran- •ortation Corridor Overlay District
(1) Approv. Requirements
Within the M_ .r Transportation Corridor ► strict, no construction activity shall
begin nor shall a' excavation, soil rep-oval, filling, grading or disturbance of
vegetation, includin• rees, be co • enced, nor any sign erected until such time
as a site plan has bee _spray:. and a permit issued by the Planning Director in
accordance with this Sectie• .nd Section 2.4 of this Ordinance.
2.5.8 Additional Requirements for Econ. • is Deve • •ment Districts
(A) Prior to submission of a. application for site p : approval, applicants shall meet with
representatives of th- lanning and Inspections, . d Economic Development
Departments to is'ntify policies, procedures, regula s, and fees applicable to
development • oposals.
(B) Any prope ed subdivision in an Economic Development Dis t shall follow the approval
pronee res as specified in Section 2.16.
(C) I• addition to the submittal requirements contained in this Section, a .•mplete application
shall also include:
(1) Building elevation drawings for each proposed structure; and
(2) A minimum of two drawings of sections through the site illustrating existi . and
proposed grades, as well as the relationship of different site features.
SECTION 2.6: FLOODPLAIN DEVELOPMENT PERMIT AND
CERTIFICATE REQUIREMENTS
2.6.1 Requirements for Special Flood Hazard Area
(A) All projects proposing the development of property located within the a Special Flood
Hazard Area (SFHA)Overlay District shall be required, regardless of the proposed land
use, to submit a site plan prepared by a registered engineer, landscape architect, or land
surveyor in accordance with the provisions of Section 2.5.
(- )(B) Flood damage prevention regulations contained herein shall apply to all Special Flood
Hazard Areas within the jurisdiction of Orange County, including properties located within
the Extra-Territorial Jurisdictions (ETJs) of local municipalities used for bona fide farm
purposes in accordance with Part 1, Article 19 of Chapter 160A of the North Carolina
General Statutes. 14
2.6.2 Plans and Application Requirements
Application for a floodplain development permit shall be made to the Floodplain Administrator on
forms furnished by the Planning Department prior to any development activities proposed to be
located within flood prone areas.
14 NC General Statutes were amended with the adoption of Session Law 2014-120 on September 18,2014 placing
properties in local municipal ETJ's meeting the bona fide farm exemption (NCGS 153A-340(b) (23)) under County
jurisdiction with respect to the enforcement of flood regulations. Staff is adding language reference same.
Orange County, North Carolina—Unified Development Ordinance Page 2-13
Article 2: Proced
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
The following items/information shall be presented to the Floodplain Administrator to apply for a
floodplain development permit:
(A) A plot plan drawn to scale which shall include, but shall not be limited to, the following
specific details of the proposed floodplain development:
(1) The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, driveways, utility
systems, grading/pavement areas, fill materials, storage areas, drainage
facilities, and other development;
(2) The boundary of the SFHA as delineated on the FIRM or other flood map as
determined in Section 4.3.5 Section 1.1.3 of this Ordinances or a statement that
the entire lot is within the SFHA;
(3) Flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood map as determined in Section 1.1.3 of this Ordinance
Section 4.3.5;
(4) The boundary of the floodway(s) or non-encroachment area(s) as determined in
Section 4.3.5 Section 1.1.3 of this Ordinance;
(5) The Base Flood Elevation (BFE)where provided as set forth in SectionLs}
/1.3.51.1.3, 1.10.2 (K) and (L), and 6.6-46.21;
(6) The old and new location of any watercourse that will be altered or relocated as a
result of proposed development; and
(7) Preparation of the plot plan by or under the direct supervision of a North Carolina
licensed professional Land Surveyor or Professional Engineer and certified by
them.
(B) Proposed elevation, and method thereof, of all development within a SFHA including but
not limited to:
(1) Elevation in relation to mean sea level NAVD 1988 of the proposed reference
level (including basement) of all structures;
(2) Elevation in relation to mean sea le el NAVD 1988 to which any non-residential
structure in Zone AE will be flood-proofed; and
(3) Elevation in relation to mean sealevel NAVD 1988 to which any proposed utility
systems will be elevated or flood proofed.
(C) If flood proofing, a flood proofing certificate (FEMA Form 086-0-34) with supporting data,
an operational plan, and an inspection and maintenance plan that includes, but is not
limited to, installation, exercise, and maintenance of floodproofinq measures all-d-baerk-up
plans-completed by from-a registered professional engineer or architect shall be required
certifying that the non-residential flood proofed development will meet the flood-proofing
criteria in Section 6.6.16.21.
(D) A Foundation Plan drawn to scale, which shall include details of the proposed foundation
system to ensure all provisions of this Ordinance are met. These details include but are
not limited to:
(1) Proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter
wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear wall); and
(2) Openings to facilitate equalization of hydrostatic flood forces on walls according
to Section 6.621.1(B), when solid foundation perimeter walls are used in Zones.
(E) Usage details of any enclosed space below the regulatory flood protection elevation.
15 Updating references to the section of the UDO where flood maps are identified.
Orange County, North Carolina—Unified Development Ordinance Page 2-14
Article 2: Procedures
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
(F) Plans and/or details for the protection of public utilities and facilities such as sewer, gas,
electrical, and water systems to be located and constructed to minimize flood damage;
(G) Copy of all other Local, State and Federal permits required prior to floodplain
development permit issuance (i.e. Wetlands, Erosion and Sedimentation Control,
Riparian Buffers, Mining, etc.);
(H) If the application is for placement of recreational vehicles and/or temporary structures,
documentation to ensure compliance with Section 6.621.1(B)(5) and (7) of this
Ordinance.
(I) If a watercourse is proposed to be altered and/or relocated, a description of the extent of
watercourse alteration or relocation, an engineering report on the effects of the proposed
project on the flood-carrying capacity of the watercourse and the effects to properties
located both upstream and downstream; and a map, drawn to scale, (if not shown on plot
plan) showing the location of the proposed watercourse alteration or relocation.
2.6.3 Data Requirement
The following information shall be provided at a minimum on the floodplain development permit to
ensure compliance with this Ordinance.•(A) - - -• - " --••-. _• ---- - • --.- __ --. _ ••• • -- A
complete description of all the development to be permitted under the floodplain
development permit(e.g. house, garage, pool, septic, bulkhead, cabana, pier, bridge,
mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials, etc.).16
(B) The Special Flood Hazard Area (SFHA) determination for the proposed development per
available data specified in Section/1.3.5. 1.1.3 of this Ordinance.
(C) The regulatory flood protection elevation required for the reference level and all attendant
utilities.
(D) The regulatory flood protection elevation required for the protection of all public utilities.
(E) All certification submittal requirements with timelines.
(F) A statement that no fill material shall encroach into the floodway or non-encroachment
area of any watercourse, if applicable.
(G) If in an AE zone, specify the minimum foundation opening requirements.
(H) State limitations of below BFE enclosure uses (if applicable) such as, parking, building
access and limited storage only).
(Ha_ A statement indicating that all materials below BFE and/or Regulatory Flood Protection
Elevation (RFPE) must be flood resistant materials.17
2.6.4 Certification Requirements
(A) An Elevation Certificate (FEMA Form 81 31086-0-33) or Flood Proofing Certificatc
(FEMA Form 81 65) is required after the reference level is completed. 18
16 Staff is updating language to be consistent with the new model ordinance.
17 This is identified as optional language within the FEMA minimum model ordinance. Staff is recommending we
include. While we restrict new development below the base flood elevation(BFE),we do have several structures
located within the floodplain where portions of same are below BFE. In instances where there are improvement
projects to these structures we need to require this information as part of our floodplain management program.
18 Staff is recommending existing language be modified to split out references to the Elevation Certificate and a
Flood Proofing Certificate to ensure consistency with the FEMA minimum model ordinance. There are now unique
provisions/standards for each certificate. Keeping them combined will create confusion and lead to compliance
issues.
Orange County, North Carolina—Unified Development Ordinance Page 2-15
Article 2: Procedarlas
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
(1) Is required Within 2lwithin 7 calendar days of establishment of the reference
level elevation, , or flood proofing, by whatever construction means, whichever is
applicala}e,19
(4)(2) i-tlt shall be the duty of the permit holder to submit to the Floodplain Administrator
a certification of the elevation of the reference level, or flood proofing elevation,
whichever is applicable, in relation to mean sea levelNAVD 1988.
(a) Said certification shall be prepared by, or under the direct supervision of,
a North Carolina licensed professional Land Surveyor or Professional
Engineer and certified by them.
(b) Any work done within the 21 7 day calendar period and before
submission of the certification shall be at the permit holder's risk.
ca)(3)_The floodplain administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and before further work being permitted to proceed.
0))(4) Failure to submit the certification or failure to make required corrections shall be
cause to deny the floodplain development permit and/or issue a stop-work order
for the project.
fB)(5) A Final As Built Eloaiation Certificate (FEMA Form 81 31)final Finished
Construction Elevation Certificate (FEMA Form 086-0-33) is required after
construction is completed and prior to Certificate of Compliance/Occupancy
issuance.
(?)(k_It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of final as-built construction of the elevation
of the reference level and all attendant utilities.
(a),(1) Elevation certification shall be prepared by, or under the direct
supervision of, a North Carolina licensed professional Land
Surveyor or Professional Engineer and certified by the same.
( 3(b) The Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to Certificate of Compliance/Occupancy
issuance.
(4)(c) In some instances, another certification may be required to certify
corrected as-built construction.
(4)f d) Failure to submit the certification or failure to make said corrections
required shall be cause to withhold the issuance of a Certificate of
Compliance/Occupancy.
(e) The Finished Construction Elevation Certificate certifier shall provide at
least 2 photographs showing the front and rear of the building taken
within 90 days from the date of certification. The photographs must be
taken with views confirming the building description and diagram number
provided within the Finished Construction Elevation Certificate. These
photographs should show the entire building, including foundation. If the
building has split-level or multi-level areas, provide at least 2 additional
photographs showing side views of the building. In addition, when
applicable, provide a photograph of the foundation showing a
representative example of the flood openings or vents. All photographs
19 Staff is recommending changing existing language,with respect to submittal of an elevation certificate from 21 to
7 days to ensure consistency with the revised FEMA model flood ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 2-16
Article 2: Procedures
Section 2.6: Floodplain Development APPLICATION, Permit and Certificate Requirements
must be in color and measure at least 3" x 3". Digital photographs are
acceptable.20
(B) Floodproofing Certificate (FEMA Form 086-0-34)21
(1) In those instances where non-residential floodproofinq is used to meet the
Regulatory Flood Protection Elevation requirements, a Floodproofinq Certificate
(FEMA Form 086-0-34)with supporting data, an operational plan, and an
inspection and maintence plan are required prior to the actual start of any new
construction.
(2) It shall be the duty of the permit holder to submit to the Floodplain Administrator
a certification of the floodproofed design elevation of the reference level and all
attendant utilities, in relation to NAVD 1988
(a) Floodproofinq certification shall be prepared by, or under the direct
supervision of, a North Carolina licensed professional Land Surveyor or
Professional Engineer and certified by the same and shall be
accompanied by all documentation as detailed in Section 2.6.2 of this
Ordinance.
(3) The Floodplain Administrator shall review the certificate data, the operational
plan, and the inspection and maintenance plan. Deficiencies detected by such
review shall be corrected by the applicant prior to permit approval.
(4) Failure to submit the certification or failure to make required corrections shall be
cause to deny a Floodplain Development Permit.
(5) Failure to construct in accordance with the certified design shall be cause to
withhold the issuance of a Certificate of Compliance/Occupancy.
(6) A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34),
with supporting data, an operational plan, and an inspection and maintenance
plan are required prior to the issuance of a Certificate of Compliance/Occupancy.
(a) It shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the floodproofed design elevation of the
reference level and all attendant utilities, in relation to NAVD 1988.
(i) Floodproofinq certificate shall be prepared by, or under the direct
supervision of, a North Carolina licensed professional Land
Surveyor or Professional Engineer and certified by the same.
(b) The Floodplain Administrator shall review the certificate data, the
operational plan, and the inspection and maintenance plan. Deficiencies
detected by such review shall be corrected by the applicant prior to
Certificate of Occupancy.
(c) Failure to submit the certification or failure to make required corrections
shall be cause to deny a Floodplain Development Permit.
(d) Failure to construct in accordance with the certified design shall be
cause to deny a Certificate of Compliance/Occupancy
(C) If a manufactured home is placed within Zone AE and the elevation of the chassis is
more than 36 inches in height, an engineered foundation certification is required per
Section 6.6.1(B)(3)6.21.
20 This is new language staff believes the County is obligated to include in the UDO. This is to ensure local property
owners continue to be eligible for participation in the Community Rating System(CRS) program,which allows for a
reduction in flood insurance premiums to local property owners due to our administration/enforcement of a
floodplain management program.
21 Revised language consistent with the new FEMA model flood ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 2-17
Article 2: Procedai1 s
Section 2.7: Special Use Permits
(D) If a watercourse is to be altered or relocated, the following shall be submitted by the
permit applicant prior to issuance of a floodplain development permit:
(1) A description of the extent of watercourse alteration or relocation;
(2) An engineering report on the effects of the proposed project on the flood-carrying
capacity of the watercourse and the effects to properties located both upstream
and downstream; and
(3) A map, drawn to scale, showing the location of the proposed watercourse
alteration or relocation.
(E) For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of substantial
damage, and any other improvement of or work on such buildings and structures, the
Floodplain Administrator, in coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building_or
structure before the start of construction of the proposed work: in the case of
repair, the market value of the building or structure shall be the market value
before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the NC Building Code and this ordinance
is required.22
(-E)(F).__,Certification Exemptions
The following structures, if located within Zone AE, are exempt from the elevation/flood
proofing certification requirements specified in items (A) and (B) above:
(1) Recreational vehicles meeting requirements of Section 6.621.1(B)(5);23
(2) Temporary structures meeting requirements of Section 6.621.1(B)(7); and
(3) Accessory Structures with any dimension that is 12 feet or greater in height,
width, or depth, meeting requirements of Section 6.621.1(B)(8).
SECTION 2.7: SPECIAL USE PERMITS
2.7.1 Generally
(A) Any use or develop -- •esignated by applic.- - zoning district regulations contained
within Article 5 as a special us-, . as - • ed only pursuant to a special use permit
(either Class A or Class B), - se es .• ' ed in that district only after the use or
development is autho ' -. .y a validly issued an. - orded special use permit.
(B) This sect'.- ets forth required review and approval procedure , submittal, review, and
a.-.• al of applications for special use permit.
22 Subsection (E) is new language being incorporated to remain consistent with the FEMA model flood ordinance.
23 Section references update to reflect the new location of the flood regulations within the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 2-18
Article 2: Procedurrp,
Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments
plan, or written statement, outlining in detail the minor change(s) proposed. The Pla'ning
Director shall file the amended site plan or written statement with the approved sit- plan.
( If it is determined that the proposed action is a modification, the Planning Direct,' shall
require the applicant to submit a request for modification of the approved spe '-I use
permit. The following procedures shall be adhered to in the case of a modifi :tion:
1) The applicant shall provide an amended site plan and written narrative outlining
the specific changes requested.
(2) The Planning Director shall submit the request to the Board t'at approved the
original application.
(3) e Board shall set a public hearing to receive testimon concerning the
m•dification request. Any public hearing called pursu- t to a modification of an
app •ved special use permit shall be held in conform' with the relevant public
notific:tion requirements contained in this Article.
(4) The Boa • may approve, approve with condition , or deny the application for a
modificatio i.
(5) The Planning lirector shall file the Board's . tion in the Planning Department as
an amendmen equest to the original appl' ation and shall notify the applicant of
the Board's actio'.
SECTION 2.8: ZONING ATLAS AND UNIFIED DEVELOPMENT ORDINANCE
AMENDMENTS
2.8.1 Review and Approval Flow Chart -
The review and approval process for a Zone g '.tlas and Unified Development Ordinance
Amendment is shown in the procedure's f•wcha
2.8.2 Amendment Initiation
(A) An amendment to this Ordi-ance or the Zoning Atlas may be initiated by:
(1) The Board of C• nty Commissioners on i . own motion;
(2) The Planning :oard;
(3) Applicatio , by any person or agency, or
(4) The Planing Director.
(B) If a request f• consideration of an amendment proposal is s emitted directly to the
Board of C• nty Commissioners, said Board may decline to c. sider the request or may
refer the - endment proposal to the Planning Director for prepa -tion of an amendment
application.
(C) Once itiated, all amendments shall be referred to the Planning Boa •.
2.8.3 Contents if Application
Applic_ ons shall contain the following:
(A) For amendments to the Zoning Atlas:
(1) A map at a legible scale showing the land which would be covered by th-
proposed amendment, and
(2) A legal description of the land.
(B) For amendments to the Unified Development Ordinance text:
Orange County, North Carolina—Unified Development Ordinance Page 2-27
Article 2: Procediprp
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
(1) A copy of the Zoning Atlas and Application
existing text UDO Amendments Submittal
provision(s)
which the
applicant
proposes for
amendment,
and Zoning Atlas: Zoning Atlas: C xt mendment�
Conditional General Use
(2) A written Districts / \ Zoning Districts /
statement / /
hich
d= cribes in
det..l the Post Sign /Mail Notice for
chan•-s the Neighborhood Info. Meeting
applica •t (NIM) and Planning Board
proposes o Meeting
make. •
(C) The alleged error in +
the Zoning Atlas Post Sign /Mail Notice
and/or Unified Neighborhood for Planning Board
Development Information Meeting , Meeting
Ordinance text that
would be corrected by V
the proposed Development Advisory 4
amendment with a Committee Meeting
detailed explanation
of such error in the
Zoning Atlas and/or •
Unified Development Staff Recommendation to
text and detailed Planning Board
reasons how the
proposed amendment •
will correct the
alleged error; Planning Board Review
and Recommendation)\
(D) The changed or
changing conditions,
if any, in the area or Atlas Amendments: Text
in the County Publish Legal Ad Amendments:
generally, which Post Sign - Publish Legal Ad
makes the propos°d Mail Notice
Zoning Atlas an, or •
Unified Devel•.ment
Ordinance t: t Staff and PB Re•ommendation
amendme► to BO
reasona• y necessary
to pro -ote the public
heal , safety and Quarterly Public Hea g
ge►eral welfare;
viv
(E) he manner in which
the proposed Zoning BOCC Decision
Atlas and/or Unified
Development
Ordinance text Note: This chart is meant as a graphical representation of the
amendment will carry UDO text; the text shall take priority in any conflict or ambiguity.
out the intent and
purpose of the
Orange County, North Carolina—Unified Development Ordinance Page 2-28
Article 2: Procedure,
Section 2.10:Variances
(1) Except as provided in Section 6.7.2 for MPD-CZ projects, changes to approv-:
plans and conditions of development shall be treated as changes to the zon• g
atlas and shall be processed as an amendment to such as contained in th':
Article.
(2) The Planning Director may approve minor changes without going thro-gh the
amendment process. The Planning Director, at his/her discretion, :y elect not
to allow any proposal as a minor change and will forward the detai -d application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herei-.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed devel••ment to adjacent
property,
(b Alter the approved land uses,
(c) Increase the density or intensity of develo• ent, and/or
(d) decrease the off-street parking ratio or -duce the buffer yards provided
a the boundary of the site.
2.9.3 Public Hearing and Notifica on Requirements—CUD a,d CZD
The requirement for a public hea 'ng shall follow the procedures for a Zoning Atlas Amendment in
Section 2.8.6. Notice of the public earing shall follow e procedures in Section 2.8.7.
SECTION 2.10: VARIANCES
2.10.1 Purpose
The procedures of this section authorize the r oard of Adjustment to modify or vary regulations of
this Ordinance when strict compliance with regulation or standard would result in unnecessary
hardships upon the subject property.
2.10.2 Application Requirements
(A) Applications for a Variance hall be submitted •n forms provided by the Planning
Department in accordance• with Section 2.2 of t • Ordinance. Ten copies of the
application and support. g documentation shall b=submitted.
(B) Applications shall inc de:
(1) The secti• reference, and copy of the existing egulatory language, that is the
subject • the application,
(2) A des'ription of the specific modification sought by e applicant. For example, if
the -quest is for a modification of a corner lot setbac requirement, the applicant
s :II provide the exact reduction of the established cor er lot setback requested
. part of the application,
(3) A plot plan, site plan, or other similar document(s) denoting e physical impact
of the proposed request on the parcel,
(' A narrative outlining the answers to the five required findings de .iled within
Section 2.10.3 of the Ordinance justifying the issuance of the vari. ce, and
(5) Copies of any additional information deemed essential by the applic_ tjustifying
the approval of the request.
Orange County, North Carolina—Unified Development Ordinance Page 2-37
Article 2: Procedowls
Section 2.10:Variances
2.11. Authorized Variances
A va ce may be approved by the Board of Adjustment in cases where unnecess. ardships
would res rom carrying out the strict letter of the Ordinance, when substan •.. -vidence in the
official record o •e application supports all of the following findings:
(A) Unnecessary h. • hip would result from the strict appl. . ion of the Ordinance. It shall
not be necessary to .:. onstrate that, in the abs-- e of the variance, no reasonable use
can be made of the prope
(B) The hardship results from conditio••--4 at are peculiar to the property, such as location,
size, or topography. Hards • resultin. •m personal circumstances, as well as
hardships resulting fro.- onditions that are c• on to the neighborhood or general
public, may not •- e basis for granting a varianc-.
(C) The ha • ip did not result from actions taken by the appli :•t or the property owner.
T.- act of purchasing property with knowledge that circumstanc- -xist that may justify
the granting of a variance shall not be regarded as a self-created har.-•...
(D) The requested variance is consistent with the spirit, purpose, and intent of the . dinance,
such that public safety is secured and substantial justice is achieved.
2.10.4 Additional Criteria for Authorized Variances—Special Flood Hazard Areas
District 25
In addition to the criteria contained within Section 2.10.3, any application for a variance from the
--- --- -- - _ • -_ ! - - - flood regulations shall abide by the following
additional criteria:
(A) Variances may be issued for the repair or rehabilitation of historic structures upon the
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(B) In considering variances from the requirements of the Special Flood Hazard Area Overlay
Zoning Dietsctflood regulations, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this
Ordinance, and:
(1) The danger that materials may be swept onto other lands to the injury of ► ers;
(2) The danger to life and property due to flooding or erosion dama.-;
(3) The susceptibility of the proposed facility and its contents e, ood damage and
effect of such damage on the individual owner;
(4) The imp••ance of the services provided by th- •roposed facility to Orange
County;
(5) The necessity to the : ility of a w.- -rfront location, where applicable;
(6) The availability of alternati —.cations, not subject to flooding or erosion
damage, for the prop._-d use;
(7) The compatibi • • of the proposed use w • existing and anticipated development;
(8) The rel. ••nship of the proposed use to the Ora •- County Comprehensive Plan
a • "oodplain management program for the area;
(9) The safety of access to the property in times of flood for or. --ry and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment tran c•rt of
the flood waters and the effects of wave action, if applicable, expected at the -ite;
25 Eliminating references to the'Overlay District'which is being deleted.
Orange County, North Carolina—Unified Development Ordinance Page 2-38
Article 2: ProcedurrsT
Section 2.10:Variances
(11) The costs of providing governmental services during and after flood co iitions
including maintenance and repair of public utilities and facilities such - sewer,
gas, electrical and water systems, and streets and bridges; and
(12) The request for a variance is not after-the-fact or for a situation of .ne's own
making.
(C) A written report addressing each of the above factors shall be submitt-d with the
application for a variance.
(D) .on consideration of the factors listed above and the purposes • this Ordinance, the
Board of Adjustment may attach such reasonable conditions to e granting of variances
as it seems necessary to further the purposes of this Ordinan -.
(E) Varian.-s shall not be issued within any designated floodw. or non-encroachment area
if any in ease in flood levels during the base flood discha'se would result.
(F) Conditions •r Variances:
(1) Varia es may not be issued when the variance will make the structure in
violatio of other Federal, State, or local la s, regulations, or ordinances.
(2) Variances -hall only be issued upon a d: ermination that the variance is the
minimum n- essary, considering the fl sod hazard, to afford relief.
(3) Variances sha only be issued upon.
(a) A showin o of good and s ficient cause;
(b) A determin- ion that fa. re to grant the variance would result in
exceptional h:rdship;
(c) A determination . the granting of a variance will not result in increased
flood heights, ads' ional threats to public safety, or extraordinary public
expense, Great: nui .ance, cause fraud on or victimization of the public,
or conflict wit existino local laws or ordinances; and,
(d) That the cir'umstances on the subject property are unique to the subject
property - d not to prope •ies in general.
(G) Any applicant to whom . variance is granted .hall be given written notice specifying the
difference between thr Base Flood Elevation :•FE) and the elevation to which the
structure is to be bu' and a written statement that the cost of flood insurance will be
commensurate wit- the increased risk resulting fr. the reduced reference level
elevation. Such 'otification shall be maintained wit' a record of all variance actions.
(H) The Floodplai Administrator shall maintain the recor. of all appeal actions and report
any varianc-- to the FEMA and the State of North Caro a upon request.
2.10.5 Additional Crite a for Authorized Variances—Watershed Prote ion Overlay District
(A) Minor ariances for dimensional requirements of the Watersheo Protection Overlay
Distr t may be approved by the Board of Adjustment in accorda•ce with Section 2.12 of
thi Ordinance.
(B) e Board of Adjustment may approve variance applications to allo he use of off-site
septic easements for lots created before January 1, 1994, and for non- onforming lots of
record.
(C A description of each project receiving a variance and the reason for grants's the
variance shall be submitted for each calendar year to the Division of Water 0 ality on or
before January 1st of the following year.
(D) All other local governments having jurisdiction within the watershed area and the -ntity
using the water supply for consumption shall be notified of the variance application -t
Orange County, North Carolina—Unified Development Ordinance Page 2-39
Article 2: Procedtvrs
Section 2.14: Minor Subdivisions
(B) One copy of the final mylar plat and three paper copies of the plat shall be submitted 'ith
the request for a determination for an exempt subdivision.
(C) Exempt subdivisions shall comply with all applicable non-plat requirements of thi
Ordinance.
2.13.2 R:view and Action
(A) Following receipt of a request for a determination of an exempt subdivisit status, the
Planning Director shall make a determination of the land division's exe pt or nonexempt
atus.
(B) If t - Planning Director determines that the proposed land division foes not constitute a
subdi.ision, the Planning Director shall certify the proposed land :ivision as exempt and
include he necessary statement on the plat certifying same.
(C) If the Plan,ing Director determines that the proposed land d.'ision constitutes a
subdivision, e applicant shall be informed of such in writing and shall be required to
submit the alp. opriate Subdivision application.
SECTION 2.14: MINOR SUBDIVISIONS
2.14.1 Review and Decision Proce s Flow Chart
Review and approval of Minor
Subdivision applications shall
adhere to the process detailed Mir or Pre-application Meeting submittal
herein. The applicant shall Sub• visions of Concept Plan Application
demonstrate compliance with the
development standards contained v
in Article 7 of this Ordinance. Review of Concept Plan Application by Orange
County Development Advisory Committee
2.14.2 Concept Plan •
The applicant shall prepare a eighborhood Information Meeting
T
sketch plan of the proposed
(Flexi• e Development with more than 5 lots)
subdivision and schedule an v
appointment with the Planni •
Department for initial revie and Initiation o Final Plat Application Process
consultation. During this nitial
meeting the Planning I-partment
shall advise the subd ider or Issuance of Corn.letion of Completion of
his/her authorized ..ent of the Septic &Well Req 'red Final Plat
regulations pertain ng to the Improvement Improve 'ents Application&
proposed subdi sion, of any Permits (road,drainage, Survey
obvious chap.-s required in order etc.)
to comply wi the provisions of this v v
Ordinance and the procedures to
be follow•d in the preparation and Installation of Issuance of
Required CA' by
submis.ion of the Concept Plan. Landscaping School :.ard
(A) Application
Requirements ■
Submittal of Final Plat
Application
•
•
Recordation of Plat and
Orange County, North Carolina—Unified Devel Development Agreement at
Orange County Register of Deeds
Article 2: Procedur ,
Section 2.14: Minor Subdivisions
(1) Applications sha :- ._-- -• •• • •• : .Y..-. •y the Planning Department in
• •-• - . -ec ion 2.2 of this Ordinance.
(2) Applications shall include:
(a) Two copies of the scaled Concept Plan, drawn to the specifications
outlined in Section 7.14.1.
(b) A vicinity map showing the location of the subdivision in relation to the
existing street or highway system.
(c) A soils classification map for the property.
(d) A topography map of the property.
(e) A map showing any environmentally sensitive areas on the property (i.e.
streams, wetlands, special flood hazard area zoning overlay districts,
conservation easements, etc.).
(f) For Minor Subdivisions utilizing the Flexible Development Option, a Plan
illustrating proposed lots for residential use and Common Open Space
(Primary and Secondary) as well as the treatment of passive and active
open space areas (e.g., natural/undisturbed areas, trails, recreational
amenities).
(B) Neighborhood Information Meeting for Minor Subdivisions utilizing the Flexib
Development Option with more than 5 lots
(1) Upon acceptance of a Concept Plan application, the Planning Direct• shall
schedule a Neighborhood Information Meeting (NIM) and mail no • es of the
meeting to each owner of property within one thousand feet of e property
proposed to be subdivided.
(2) •tices of the NIM shall be mailed by first class mail at 1-ast ten days prior to the
dat- .f the meeting.
(3) The Pla ing Director shall place a sign on the a'-cted property indicating the
total numb- of lots proposed, the date, time, . d location of the NIM; and the
Planning Dep. ment telephone number. T - sign shall be posted on the
affected propert .t least seven days pri• to the NIM. The NIM shall be held a
prior to Final Plat A.•lication submitt. .
(4) At the NIM, the applica shall be . ailable to answer questions about the
proposed subdivision, and • r- eive comments from neighboring property
owners for the purpose of i • •ving the proposed subdivision design.
(5) The Planning Director s•.11 explai • the subdivision approval process and
neighboring property . ners may sp_.k with regard to specific concerns and/or
issues.
(C) Review and Action
(1) The Plan • g Department shall review the Corm,it Plan for general compliance
with th- equirements of this Ordinance.
(2) A c% pleted Concept Plan application shall be entere• • to the permit record and
• aced on the agenda of the next available meeting of the Development Advisory
Committee(DAC).
( The DAC shall review the Concept Plan for general compliance • established
Subdivision development standards detailed in Article 7 of this Ordin: ce as well
as compliance with other applicable local and State regulations.
Orange County, North Carolina—Unified Development Ordinance Page 2-47
Article 2: Proced
Section 2.26:Appeals
(a) 60 days in cases involving the appeal of an Ordinance amendin• e
Zoning Atlas,
(b) 1 year(365 days) in cases involving the appeal of ar ardinance
amendment the UDO,
(c) years (1,035 days) in cases involvin. , appeal based on an alleged
de _ tin the adoption process of .• •rdinance amending the UDO.
2.26.6 Water Supply Watershed Critical :. Bound- Line
Appeal applications disputing the Plannir• Ii : tor's decision regarding the location of a Water
Supply Watershed Critical Area bo •nary line sha •e accompanied by:
(A) A survey prepared •• a North Carolina registere. _ d surveyor or professional engineer
depicting the . -rences between:
(1) e locational criteria in Section 4.2,
The official Watershed map on file in the Planning Departmen , .nd
(3) The boundary line the applicant asserts is correct.
(B) A detailed explanation describing the differences in the three boundary lines contain-• •n
(A) above.
2.26.7 - . - - . - . - - e - . P"-- Flood Regulations
(A) Any property owner who has received an order to take corrective action in accordance
with Section 9.7 may appeal the order to the local elected governing body by giving
notice of appeal in writing to the Floodplain Administrator and the clerk within ten
business days following issuance of the final order.
(B) The local governing body shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
.26.8 Soil Erosion and Sedimentation Control
(A) Appeal of Erosion Control Plan
Except as provided in subsection (D) below, the appeal of a disapproval, a..roval with
• odifications, or approval with conditions of an Erosion Control Plan sr: be governed
by •- following provisions:
(1) •- disapproval of, modification of, or conditions of .•'royal attached to any
prop. -d Erosion Control Plan by the Erosion C. rol Officer shall entitle the
person s itting the plan to an appeal oft - decision to the Orange County
Planning Dir-. or.
(2) If the Planning Dire •r upholds th recision, the person shall be entitled to a
public hearing if such p- on s •mits written demand for a hearing within 15
days after receipt of writte ••tice of disapproval, modification, or conditions of
approval.
(B) Hearings
(1) Orange C• my
(a) This sub-subsection pertains to appeals • land-disturbing activities
occurring outside the corporate limits of the • ns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Meba -.
(b) Hearings held pursuant to this sub-subsection shall be ducted by the
Orange County Planning Board within 30 days after receip written
demand, as provided for in (A)(2) above.
Orange County, North Carolina—Unified Development Ordinance Page 2-77
Article 4: Overlay Zoning Districts
Section 1.1: Special Flood Hazard Area (SFI?i )1
4.2.9 Water Supply/Sewage Disposal Facilities
TABLE 4.2.9:WATER SUPPLY/SEWAGE DISPOSAL FACILITIES
Dls r RIOT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA Water supply and sewage treatment systems shall be limited to individ dal wells and on-site
UNIV-PW septic tanks systems or individual on-site alternative disposal syste• s. No off-site systems
shall be permitted.
parcels created through the Conventional Subdivision p .cess as detailed in Article 7 of
All Other Watershed this ∎rdinance septic and repair area shall be located in . . Off-site individual septic
Overly Districts system associated with parcels created through the F -xible Development Subdivision as
outlined i ection 7.12 of this Ordinance must be .ntained within Common Open Space
and approve. by the Orange County Environme. al Health Department.
New septic tanks a • their nitrification field shall be located outside of any stream buffers,
UNIV-CA or 300 feet from a res- oir or perenni. dr intermittent stream as shown on the USGS
Quadrangle maps, which: er is furt r
New septic tanks, pump tanks : • their appurtenances shall be located outside of any
stream buffers and at least 10 fee rom a perennial or intermittent stream as shown on the
CANE-CA USGS Quadrangle map , and at leas 50 feet from a reservoir.
U-ENO-CA New nitrification fields all be located o ide of any stream buffers and at least 100 feet
from a perennial or• termittent stream as s awn on the USGS Quadrangle maps, and at
least 300 feet fr. a reservoir.
CANE PW Water supp ' and sewage treatment systems shall d- limited to individual wells and septic
CANE CA tanks or• dividual on-site alternative disposal systems, .rovided however, off-site systems
U ENO CA shall •- permitted when located in a Flexible Developme subdivision approved in
ac .rdance with Section 7.13 of this Ordinance.
UNIV-PW
CANE-PW
U-ENO-PW
HYCO-P�• New septic tanks and their nitrification fields shall be located outside of any ,tream buffers
LITTL 'W and at least 100 feet from a perennial or intermittent stream as shown on the ■ GS
BA -PW Quadrangle maps.
•W-PW
RDAN-PW
L-ENO-PW
FLAT-PW
4.3.1 Intent
desighecl-to;.
{A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging incr aces in erosion, flood heights
or velocities;
{B) Require that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
26 Standards are being moved to Section 6.21 of the UDO given the deletion of the Special Flood Hazard Area
Overlay District.
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Distrrgs
Section 1.1: Special Flood Hazard Area (SFHA)•
--• - -, - -- - _-- •-, - - - - - -- '-- , - ••-• - " "•
- -- - - -- --• -- - - --- -- - , • - --•- - -
/1.3.2 ObjectiveG
The objectives of this overlay district are to:
• _
(B) Minimize expenditure of public money for costly flood control projects;
(D) Minimize prolonged busine°., losses and interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, cable and other communication facilities, and sewer lines, streets, and bridges
located in flood prone areas;
(F) Help maintain a stable tax base by providing for the sound use and development #lood
(G) Ensure that potential homebuyers are notified that property is in a Spec
Area.
/1.3.3 Findings of Fact
{A) The flood prone ar as within the e _ • _ •_ • e•- •_• _ e _ _ -e-' • -
periodic inundation, which results in loss of life, property, health and safety hazards,
flood protection and relief, and impairment of the tax base, all of which adversely affect
•4.3 4 A licability
e•- - - -" --- • - •_ - - - - - - - . . . -•e- ---•(A) The SFHA are those identified by the FEMA or produced under the Cooperating
' -- - - - -- "-'•-' e-•. --• -- - - - - • - - -- e ••- - - " • - ---
- - - - - - - - • ---•••e..• - - L 4 - e - _e-• -- -e --
.. , -- -- - - - - - - ,,__ • • - . .. = -O- , !_ I4 SS A S_
.• Z., . •_ .. !..., --e ._ .• ... . - - _ i�-- - - '= e• _e ", a_•- • - - -- ,'1- O, get, - - ---- -- - ---- - -- -, - -- -
- - _ I.i-_ A - _ •-- _ - - - --e -- -• - - 1.1-- • - _ •-• - - ---- -e
e - - --e e-- - -•• e e-
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Article 4: Overlay Zoning Districts
Section 4.3: Efland-Cheeks Highway 70 Corrid&
includes, but is not limited to:
{1) Detailed flood data generated as a requirement of Section 1.10.2 (K) and (L) of
this Ordinance;
(2) Preliminary FIRMs where more stringent than the effective FIRM; or
*e _ -_ ,1 eee
4.3.6 Compliance
improved, or maintained in any way without full compliance with the terms of the regulations
pertaining to the SFHA and other applicable regulations.
= EFLAND-CHEEKS HIGHWAY 70 CORRIDOR
4.444.3.1 Intent
(A) The Efland-Cheeks Highway 70 Corridor Overlay District (ECOD) is established
provide for compatibility of uses between existing single-family residential la a uses and
non-residential developments along a designated portion of Highway 70 , • in Cheeks
Township.
(B) Th- .ighway 70 corridor covered under this overlay district is p-- of the Efland Mebane
Small A -a Plan, adopted by the Board of County Commiss.• ers on June 27, 2006,
which outli acceptable levels of development within t.- study area, including allowing
for additional n••-residential development along Hi.. ay 70.
(C) The regulations con -• ed in this Ordinance ar designed to preserve and enhance the
character of the commu • while allowing t mixed, but compatible, land uses by
permitting logical expansion . existing •in-residential developments throughout the
corridor.
(D) It is the intent of this overlay • rict to _ courage land use patterns that will:
(1) Protect existing .• gle-family reside -I land uses,
(2) Protect th- aracter of the area,
(3) Enh- ce property values,
(4) aintain the economic viability and carrying capacity . the corridor,
Preserve open vistas whenever possible,
(6) Encourage small businesses to locate in appropriate areas, and
(7) Continue to promote and provide for the general welfare of local citizen .nd
property owners.
(E) Standards are established in Section 6.621 27to allow for the development of additional
non-residential land uses within the ECOD in order to maintain and enhance the
economic vitality of the area while protecting the less intensive mixture of existing
residential land uses
4:4724.3.2 Applicability
• -,.ed for .roperties adjacent to Hi. A - . - - - ownship of
Orange Count '• - - ----- -- "- e ••■ •: • •• le Orange County Zoning
A as.
27 This is the new section reference in Article 6 for development standards associated with the Efland-Cheeks
Highway 70 Corridor Overlay District.
Orange County, North Carolina—Unified Development Ordinance Page 4-13
Article 4: Overlay Zoning Distrrgts
Section 4.3: Efland-Cheeks Highway 70 Corridor
(B) The requirem- •' Ordinance pertaining to EC•P -:: v o all non-residential land
uses and developments within - - ':.:-• --./ overlay District except for existing non-
residential land uses • - -• ' I in previously esta• i -. :_•- .l commercial or Existing
Co Is= - C-5)zoning districts.
4.4.34.3.3 Non-residential Development
Non-residential development within the Highway 70 Corridor shall be limited to the following and
shall be in accordance with the standards contained in this Section and Section 6.6.12:
(A) Pre-designated commercial area as indicated on the Orange County Zoning Atlas, and
(B) Along Highway 70 as depicted on the Orange County Zoning Atlas.
4:4.4.3.4 Permitted Uses
• .- ECOD, uses of land and structures shall be permitted as fo • -:
(A) Non-residential deve o• - - 1.1 •- :---.esignated commercial area shall adhere to
the permitted an• ses outlined or - •-'e••• hood Commercial -2 (NC-2)
•••-• • s not as contained within Section 5.2 of this Ordinance.
(B) Non-residential uses within the Highway 70 Corridor Overlay District, shall be limited to
professional office and similar institutional uses and shall abide by the standards
contained in this Section and Section 6.6.21.
No more than 40% of the Highway 70 corridor outside of the pre-de . ed commercial
-.s shall be permitted for non-residential uses.
(1) This .•. - shall be calculated by the - of the street frontage of lots used for
non-residentia •. ••ses cop_. ed to the total street frontage of all lots on both
sides of the roadw. :• ._ • the pre-designated commercial areas along the
overlay di ' corridor.
(2) e 40% limitation includes non-residential uses c• ted within new or
converted/rehabilitated structures that have a residential app-: _•ce.
'1.4.54.3.5 Lot and Use Requirements for Non-Residential Development
In addition to the Development Standards in Section 6.6.12, the following lot and use
requirements shall apply to all applicable non-residential development within the pre-designated
commercial areas and along the Highway 70 corridor:
(A) Minimum Lot Width
The minimum lot width for all lots created after December 3, 2007 shall •- 30 feet,
. ess the lot is served by public sewer and shared ingress/egress '• hich case the
mini . lot width shall be 75 feet.
(B) Setbacks a Building Height
(1) The setbac. and building heights for al = uctures, regardless of the proposed
land use, shall c.• orm to the setb- of the underlying zoning district.
(2) If Building Height Limit. '•n ••difications are pursued in accordance with
Section 6.2.2(A), in no e -•.II building height exceed 35 feet.
(3) Where applicabl-, e front yard se b-ck shall be measured from any future right-
of-way as d-_'gnated in the Orange Co Comprehensive Transportation Plan.
(C) Floor Area • - io
(1) he maximum floor area ratio for non-residential uses i e pre-designated
commercial area shall be 0.200 with a maximum building sq.- e footage total of
20,000 square feet.
Orange County, North Carolina—Unified Development Ordinance Page 4-14
Article 4: Overlay Zoning Districts
Section 4.4: Efland Interstgg
(2) The maximum floor area ratio for non-residential uses along t - ghway 70
Corridor shall be 0.100 with a maximum building squar- .• age total of 6,000
.re feet.
(D) Yard Encroachmen
(1) No fences shall be permIN.:.• in the front yard of non-residential uses unless a
demonstrated ne-s an be sho .
(2) Withi -- pre-designated commercial area, •- -coated chain link fencing shall
permitted for non-residential uses.
3) Outside of the pre-designated commercial area but within the bou 'es of the
Highway 70 Overlay District, chain link or similar fencing shall not be per • -d
for non-residential uses.
—_ LC] c - -_- EFLAND INTERSTATE
4:544.4.1 Intent
(= The Efland Interstate Overlay District is established to provide for a more e style of
de - .:••-nt in an area of the county served, or intended to be --•-•, by public water
and sewer sys e
(B) The geographic area covered by a- -'sr Interstate Overlay District is part of the
Efland-Mebane Small Ar-- ' - , adopted by t - • of County Commissioners on
June 27, 2006 outlines acceptable levels of developm- • in the study area,
incl ••-• a owing for additional non-residential and residential developm- •• •is
overlay district.
(C) Standards are established in Section 6.6.24 in order to maintain and enhance the
economic vitality of the area while protecting existing land uses. Unless otherwise stated,
the standards are in addition to standards contained in this Ordinance, including Sections
6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major
Transportation Corridor).
/1.5.21.4.2 Applicability
his district is intended for all properties located south of the railroad tracks and north of
Inters a - :- 4s in the general vicinity of Mount Willing Road •• -- • sance with the
boundaries shown on - e -••e County Zo•.•- • .s.
(B) The requirements of ••- e •• ance pertainin• • •- fiend Interstate Overlay District
appl • _ - •ential and non-residential land uses and de - •:••-its in the designated
.istrict except for detached single-family residential land uses and develop - .
/1.5.34.4.3 Permitted Uses and Dimensional and Ratio Standards
ithin the Efland Interstate Overlay District, uses of land and structures .•• ! --- sional
and Ratio ose ermitted in the 1.- • ing district or districts. All
other requirements for •- -- = . • - • - -- - contained in this Ordinance shall be
••- - • erwise provided.
(B) Minimum Setbacks
(1) The minimum side and rear setback shall be the width of the required buffer in
6.6.32 (B)or the setback required in Article 3 or Section 6.2.8, whichever is less,
except as provided in (a).
(a) For parcels subject to the setback and yard requirements in Section
4.7.4, the requirements of said Section shall apply.
Orange County, North Carolina—Unified Development Ordinance Page 4-15
Article 4: Overlay Zoning Distrrghs
Section 4.5: Efland Village
= - = EFLAND VILLAGE
1.6.14.5.1 Intent
(• The Efland Village Overlay District is established to provide for an ur..• .• age style of
deve of --• • an area of the county served, or intended • :- erved, by public water
and sewer systems.
(B) The geographic area covere. e• e Ef a • .• -.e Overlay District is part of the Efland-
Mebane Small A -_ - .n, adopted by the Board of Cou _••Imissioners on June 27,
2006 outlines acceptable levels of development within the stu.' : ;- .ncluding
a owing for additional non-residential and residential development in this overlay •i '- .
(C) Standards are established in Section 6.6.43 in order to maintain and enhance the
economic vitality of the area while protecting existing land uses. Unless otherwise stated,
the standards are in addition to standards contained in this Ordinance, including Sections
6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.54 (Major
Transportation Corridor).
4:624.5.2 Applicability
(' •• district is intended for all properties located north of the rai • acks in a
geograp is . -- . monly referred to as "Efland" i - -. .ance with the boundaries
shown on the Orange Cou ' -a .. Atl.
(B) The requirements of th. e • nance pertaining to • - _•• Village Overlay District apply
to all reside. . • non-residential land uses and developments i •- mated
4p•_ • except for detached single-family residential land uses and developments.
434.5.3 Permitted Uses and Dimensional and Ratio Standards
Within the Efland Village Overlay District, uses of land and structures and limensional
and Ratio Standards are those permitted in the underlying zoning distri .r districts. All
'then requirements for the use of land and structures contained in t Ordinance shall be
m_ unless otherwise provided.
(B) Setba and Building Height
(1) In Ii- of the front setback required in Article the minimum front yard setback
for pro.: ies fronting on U.S. Highway 70 shall be 30-feet.
(2) In lieu of the ont setback required Article 3, the front yard setback for parcels
located in the o -rlay district bu of fronting on U.S. Highway 70 shall be in
keeping with the fr.•t setba provided by adjacent uses.
(3) The minimum side an. .-r setback shall be the width of the required Land Use
Buffer(Section 6.8 : or th- .etback required in Article 3, whichever is less, but
in no case sha •e less than 1 6 eet.
(4) If Buildin• 'eight Limitation modific. .ons are pursued in accordance with
Secti.- 6.2.2(A), in no case shall builds • height exceed 40 feet.
(C) Yard E • oachments
(1 No fences shall be permitted in the front yard of I• used for non-residential uses
unless a demonstrated need can be shown.
(2) Fences located in the front yard of residential uses, other •.n single-family
detached dwellings, shall be a maximum of five feet in height.
Orange County, North Carolina—Unified Development Ordinance Page 4-16
Article 4: Overlay Zoning District,
Section 4.6: Major Transportation Corridor
--_ = MAJOR TRANSPORTATION CORRIDOR
4.7.14.6.1 Intent
) It is the intent of Orange County to protect and enhance those natural and environmental
features which constitute important physical, aesthetic, recreational, and econo
.ssets through the provision of special controls of public and private develop• ent along
ma's transportation corridors.
(B) The Boa • of County Commissioners finds as a fact that:
(1) Major : sportation corridors serve a key function in e orderly development of
Orange Co.•t as major traffic movers, as well a erve as entrances to Orange
County from o 'de the area.
(2) These corridors and - character of th- •evelopment which occurs along them
establish for visitors and idents a' e an indicator of the quality of life in the
County, as well as the efficient - d safety of traffic movement through the area.
(3) In addition, the ability of di I--rent ar-: of the County to attract and
accommodate differen pes of develop-tent depends on the capacity of the
thoroughfare syste • and the character and • ality of development along major
corridors.
(C) The Major Transp• ation Corridor district is intended to enhan - the attractiveness and
orderly develo• ent of land adjacent to major transportation facili through the
provision • . set of development standards and regulations for applic- ••n to public and
private .evelopment of land adjacent to these corridors. The major transp••-tion
cor '.ors include the interstate system as designated in the adopted Comprehensive
• an.
(D) The district establishes development standards (see Section 6.6.64) and a site plan
review process for development within the district. (See Section 2.5).
424.6.2 Applicability
) The Major Transportation Corridor(MTC) district is established as a district wh'.h
overlays other zoning districts established in this Ordinance. The new use •,"any land or
.ny new structure within the MTC district shall comply with the use re• . -tions applicable
to •- underlying zoning district as well as the requirements of the '• C district.
(B) The pro '".'ons, requirements and restrictions of this district all not apply to the use of
land within t - district for single family or two-family dw- ' gs or to any building or
structure existin• •rior to the creation of this district . ess it is structurally altered to the
extent of increasing •e floor area by 50%or m• or is enlarged to any degree to occupy
a vacant lot.
(C) This district shall be applied a . g a interstate highway in the County designated in the
adopted Comprehensive Plan a ch and to any proposed interstate highway
designated in the adopted C• prehe .ive Plan as such.
(D) The minimum length • e district shall be . ontinuous distance along the thoroughfare
within the County'. urisdiction and outside oft' : extraterritorial planning jurisdictions of
the Towns of - • sborough, Chapel Hill, and Carrbo and the City of Mebane.
(E) The mi urn width of the district is 1,250 feet from the e.•e of the right-of-way
m-- ured along a line which is perpendicular to the edge of •- right-of-way on each side
• the roadway, except at interstate interchanges where the Dist shall extend 2,500
feet from the right-of-way on each side of the intersecting road.
Orange County, North Carolina—Unified Development Ordinance Page 4-17
Article 4: Overlay Zoning Distfdett
Section 4.7: Stoney Creek Basin
4.7.34.6.3 Permitted Uses
- -o L -'• rans•ortation Corridor(MTC) District, uses of Ian. ..• _ - . - - - ose
permitted in the underlying zonin.I.iI .-- A other requirements for the use of land
a • —- . - • acne• in this Ordinance shall be met unless o eV,. - . : .e-•
4:7:44.6.4 Building Setback and Yard Requirements
Bui • setback and required yard areas for the overlay district are as follows:
(A) The fro .rd requirement shall be 100 feet from the edge • e right-of-way of an
interstate high ', or 50 feet from the edge of an in - --cting road at an interstate
interchange.
(B) The rear yard requirement shall b:•• •: feet from the edge of the rear property line or 100
feet from the edge of the r•- -of-way of a •• erstate highway when a rear yard is
adjacent to the int- . - e.
(C) The sid- ..rd requirement shall be 50 feet from the side prop-- line or 100 feet from the
-e.- of the right-of-way of an interstate highway where the side prop-- line is adjacent
to the interstate.
STONEY CREEK BASIN
4.:8:44.7.1 Intent
(' The purpose of the Stoney Creek Basin Overlay District is to implement the ey Creek
Bass ••.II Area Plan by:
(1) Encouraging - eation of open space an. - smiting density increases within
the more rural portions • •- are. •- -rally defined as the Stoney Creek
drainage basin; and
(2) Modifyin• =-.'n Flexible Development regulation .ntained in Section 7.13
o •rdinance, to encourage the distribution and intensity • :- elopment
areas and open space as specified in the Plan.
4.8.24.7.2 Applicability
enerally
This district s . .- _•.lied to all of the are.. _ -. in the Stoney Creek Basin Small
Area Plan, except for the • :mi.- 'Ian area located within the Rural Buffer(RB)
Zonin• • _ . e Stoney Creek Basin Sma - ' an and Map was adopted by the
*range County Board of Commissioners on August 5, 199..
(B) With Other Regulations
Except for certain provisions as specified in Section 4.67.4, all other regulations for the
underlying zoning districts are applicable.
4.8.34.7.3 Land Use Intensities
-- levels of land use intensity are contained in the Stoney Creek Basin Small Area P - .
These ar-; -re designated in the Plan as lower, intermediate, and higher Intel' • areas, which
are identified, res.-. ely, as Lower Intensity, Intermediate Intensit - igher Intensity
Development Areas within ; toney Creek Basin Overla •-. g District.
(A) Lower Intensity Developmen _
The Lower Intensity De = :. ent Area inclu•- .nd designated as lower intensity area
in the Stoney --• :asin Small Area Plan. The Lo - • ensity area best typifies the
area' - aining rural character and is proposed to have the •,•- t average
•evelopment densities in the future. The current character of the area - idential
development on relatively large lots, with a considerable number consisting of .rge
Orange County, North Carolina–Unified Development Ordinance Page 4-18
Article 4: Overlay Zoning Distri5t
Section 4.7: Stoney Creek Basin
undeveloped tracts (both open and forested), and active farm land. The Lower In - sity
area lies mostly in the central and southern part of the study area. A portion a I. extends
north to 1-85 in the undeveloped area east of Strayhorn Hills. It contains 2 . acres, 725
o , hich are contained in Duke Forest or the Stoney Creek wildlife corrie.r.
(B) Interm-.'ate Intensity Development Area
The Interme..: e Intensity Development Area includes land .-signated as intermediate
intensity area in - Stoney Creek Basin Small Area Pla he Intermediate Intensity
area is intended to p . ide a transition between high- and lower intensity areas. It is
envisioned as being pre.. inantly residential wit density being determined in large part
by the character of existing ._ elopment. Th- termediate Intensity area contains 1205
acres, and includes the existing : idential 5evelopments of Strayhorn Hills and
Wyngate, areas bordering Universit . . ion Road along the eastern side of the Plan
area, and area west of NC 86 adjac- t t. el-40/01d NC 86 Economic Development
District.
(C) Higher Intensity Develop. ent Area
The Higher Intensity P-velopment Area includes land d- •.nated as higher intensity area
in the Stoney Cre=' Basin Small Area Plan and is generally nonymous with areas
designated in -e Land Use Element of the Comprehensive Pla .s Ten-or Twenty-Year
Transition A ea. In the future, land within the Higher Intensity area I likely be annexed
into th- unicipalities of Hillsborough or Durham. A mix of land uses is ..ssible. The
Hi.'-r Intensity area contains 699 acres, most of which lies in the western .•d
•.rthwestern parts of the Stoney Creek Basin Plan Area, with one smaller pot..
situated on the eastern tip of the area adjacent to the I-85/US 70 Economic Develo.' ent
District.
4&44.7.4 Applicable Regulations Pertaining to Flexible Developments
Flexible Development regulations contained in Section 7.12 shall apply within the Stoney Creek
Basin Overlay District, except as indicated in the Table below:
TABLE 4. .4:VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDAPD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
Active recreation area
Calculation of Open Space may not be included in 50%of active recreation a -. may be included in open
iikcl...pen space space calculations, p- 'ection 7.12.4 of this Ordinance
ulations
Number of 33.1 50.0% One . m itional dwelling unit •- two acres of open space above 33%
Bonus ()fen Space
Unite) 50+% One additional dwel i . unit p- wo acres of open space between 33% and 50%, plus
Omen Space one addition. ellin• unit •er acre of o•en s•ace above 50%
Bonus units may no
be located in t -
Lower Int-• ity Bonus units may .- located in Bonus units may only be
Deve .•ment Areas, a flexible developmen .• the located in a flexible
Location of Bonus Units •• may be located in Intermediate Intensity or development in the Higher
a flexible development Higher Intensity Development •tensity Development
daigiii
in the Intermediate Areas. Are..
Intensity or Higher
Intensity Development
Areas.
Village Option Village option not Village option permitted, but Village Proper limited to ' ■
•ermitted. acres.
Orange County, North Carolina—Unified Development Ordinance Page 4-19
Article 4: Overlay Zoning Distrpgt
Section 4.7: Stoney Creek Basin
TABLE 4. .4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.12 APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
(1) Bonus units do not apply to Minor Subdivisions utilizing the Flexible Development Option.
Orange County, North Carolina—Unified Development Ordinance Page 4-20
Article 6: Development Standar
Section 6.6:Additional Standards for Overlay Distric s
(7) Exterior Finish Materials
(a) Exterior finish materials must conform to and be in harmony h the
exterior design of neighboring structures and the overall design of
improvements described throughout these guidelines.
(b) Building exteriors must be constructed of materials w► ch are sufficiently
durable to guarantee low maintenance and a mass'able life span, and to
withstand abuse by vandals or accidental dams• • from machinery.
(c) Exterior materials must have an attractive to re, pattern or quality of
detailing. Acceptable building materials inc ide those which appear
natural in texture and color such as stone, unpainted brick, wood, and
textured concrete.
(d) ,iding must reflect in texture and co or that which is typical of the area
a • region.
(8) Roof Lines a d Materials
(a) The roof .esign must be •nsidered as a component of the overall
architectur. design the- e and must be taken into consideration during
the initial desi. pha - for the structure(s).
(b) Nearly vertical ro.,'s (A-frames) and piecemeal mansard roofs (used on a
portion of the b. di . perimeter only) must not be utilized. Mansard roofs
must wrap around the -ntire perimeter of the structure.
(c) All rooftop mechanical es.ipment, vents, ducts,and communication
antenn. and towers must .- screened from view or designed and
insta -d in a manner using m. erials and colors compatible with the
bu' ding architecture. All such es ipment must be located below the
•ghest vertical element of the buil.'ng, with the exception of tower-type
communication antennas which do n• exceed a height of 15 feet from
base to top.
Except for standing rib metal roofs and co..er roofs, corrugated metal,
highly reflective surfaces, and illuminated ro• .ng must not be used:
(e) Rooftop solar collectors, skylights, and other ref active rooftop building
elements must be designed and installed in a man -r which prevents
reflected glare.
(f) Solar panels must be integrated into the roof design, flu with the roof
slope. Frames must be colored to complement the roof. N. ral
aluminum frames are prohibited.
(g) Support solar equipment must be enclosed and screened from v-w.
SECTION 6.6: ADDITIONAL STANDARDS FOR OVERLAY DISTRICTS
• 28
28 Language within this section is being moved to Section 6.21. This is due to the elimination of the Special Flood
Hazard Area Overlay District. These regulations are now general development standards and are being relocated
accordingly.
Orange County, North Carolina—Unified Development Ordinance Page 6-20
Article 6: Development Stands
Section 6.6: Additional Standards for Overlay Districts
(1) All new construction and substantial improvements shall be designed and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure.
(2) All new construction and substantial improvements shall be constructed with
(3) All new construction or substantial improvements shall be constructed by
entering or accumulating within the components during conditions of flooding.
bathlkitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes,
outlets/switches.
(5) All new and replacement water supply systems shall be designed to minimize or
(7) On sit-- - - -- . .. - e- e-- -e --e -e- -- --ze-aveid
impai • - e •-•• e -e• . • • e— .... .. . ... •
0R�—A+ - - •*• - , '-- } - _. _ •.•_ _ _ _ ctu re, wish
complies with the provisions of this Ordinance, shall meet the requirements of
a
(9) Unless reviewed and approved in accordance with the provisions in Article 2 and
.• •• - _ _ - - • __ _ _ - - *- •• , •- e _ ante disposal facilities,
hazardous waste management facilities, salvage yards, and chemical storage
facilities shall not be permitted in SFHAs.
(10) Fuel and Chemical Storage
{a) With the exception of structures or tanks used for chemical and/or fuel
treatment plant or wastewater tr atmcnt facility, the storage of the
following chemicals and compounds shall be prohibited within SFHAs:
(i) Acetone,
{ii) Ammonia,
{iii) Benzene,
(iv) Calcium carbide,
(v) Carbon disulfide,
(vi) Celluloid,
(vii) Chlorine,
(viii) Hydrochloric acid,
(ix) Prussic acid,
(x) Magnesium,
{xi) Nitric acid,
(xii) Oxides of nitrogen,
(xiii) Phosphorus,
Orange County, North Carolina-Unified Development Ordinance Page 6-21
Article 6: Development Standards
Section 6.6:Additional Standards for Overlay District
{xiv) Potassium,
(xv) Sodium,
{xvi) Sulfur,
{xvii) Acetylene gas,
{xviii) Gasoline and any petroleum product,
{xix) Lumber,
(xx) Charcoal or coal dust,
{xxi) Polychlorinated biphenyls (PCBs),
{xxii) Poly nuclear aromatic
{xxiii) Volatile organic compounds (VOCs), or
1 • _ _ _ . e •-
A - A - • .. -
(b) Where chemicals and fuel are necessary for the operation of water
be located within a SFHA overlay provided it is either elevated or flood
proofed in accordance with the standards contained herein and certified
in accordance with Section 2.6.4 of this Ordinance.
(11) The following facilities shall be prohibited in SFHAs:.
(a) Hospitals,
(b) Nursing homes,
(c) Foster care facilities,
(d) Sheriffs facilities,
{e) Fire stations,
(f) Emergency operations centers, and
(g) Vehicle and equipment storage facilities.
(12) Any inhabited structure within any SFHA shall have unobstructed, dry acce's
during a regulatory flood event.
(13) New fill material within any SFHA shall be prohibited.
{14) Public utilities and facilities shall be constructed to minimize flood damage
{15) In cases where development is otherwise allowed within identified SFHA's,
adequate drainage shall be provided.
{16) When a structure is located in a SFHA with multiple Base Flood Elevations
{BFEs), the provisions for the highest BFE shall apply.
- - - eee - S•
• - a • - - -• - - . . e . --
following standards shall be met:
(1) Residential Construction
{a) New construction within the SFHA shall be prohibited.
(b) Substantial improvement of any existing residential structure (including
manufactured homes) shall require the reference level, including
protection elevation, as defined in Article 10 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 6-22
Article 6: Development Standai s
Section 6.6:Additional Standards for Overlay Districts
{c) Should solid foundation perimeter walls be used to elevate a structure,
{a) New construction within the SFHA shall be prohibited.
(b) Substantial improvement of any existing commercial, industrial, or other
non residential structure shall have the reference level, including
elevation.
{c) Structures located in the AE Zone may be flood proofed no lower than
two feet above the level of the base flood elevation in lieu of elevation
to the pa.sage of • - - , - e -_ - _ __ __ •_ - •-
ncy-
(d) A North Carolina licensed Professional Engineer or Architect shall certify
shall be provided to the official as set forth in Section 2.6.
(3) Manufactured Homes
( R plaeemcnt manufactured homes shall be elevated so that the
flood protection elevation.
(b) Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, or lateral movement
according to the State of North Carolina Regulations for
Manufactured/Mobile Homes, 1995 Edition, and any revision thereto
113.15 or a certified engineered foundation.
{c) When the elevation would be met by an elevation of the chassis 36
inches or less above the grade at the site, reinforced piers or other
chassis.
(d) When the elevation of the chassis is above 36 inches in height, an
engineering certification is required.
{e) All foundation enclosures or skirting below the lowest floor shall comply
with the standards in Section 2.6.1.
(f) An evacuation plan must be developed for evacuation of all residents of
all new, substantially improved or substantially damaged manufactured
local Emergency Management coordinator.
Pings
(a) Any public road, private road, or driveway cro. ing a SFHA shall require
private roads, or driveways.
Orange County, North Carolina—Unified Development Ordinance Page 6-23
Article 6: Development Standar
Section 6.6:Additional Standards for Overlay Districts
(b) If the "No Impact"certification data demonstrate that the Base Flood
Elevation will rise more than one vertical foot, then the developer shall
file a Conditional Letter of Map Revision with the North Carolina-Division
of Emergency Management for review and approval. Before any building
permit can be issued for the improvements associated with the crossing,
- • ._ • .
{5) Recreational Vehicles
Recreation vehicles placed on sites within a SFHA shall be consistent with either
of the following:
(a) Be on site for fewer than 180 consecutive days and be fully licensed and
ready for highway use (a recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by quick
(b) Meet all the requirements for new construction, including anchoring and
Ordinance-
(a) With the new construction or substantial improvement of elevated
buildings, fully enclosed areas that are below the regulatory flood
protection elevation shall not be used for human habitation, but shall be
designated for use only as follows:
{I) For parking of vehicles,
{ii) Building access, or
with the premises.
(b) Such spaces shall be constructed entirely of flood resistant materials
following criteria:
{i) Shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the foundation must
criteria:
a. Provide a minimum of two openings on different sides of
b. The total net area of all openings must be at Igast ono
'subject to flooding;
c. If a building has more than one enclosed area, each
floodwaters to directly enter and exit;
d. The bottom of all required openings shall be no higher
than one foot above the adjacent grade;
e. Openings may be equipped with screens, louvers, or
the automatic flow of floodwaters in both directions; and
Orange County, North Carolina—Unified Development Ordinance Page 6-24
Article 6: Development Standis
Section 6.6:Additional Standards for Overlay Districts
f. Foundation enclosures made of flexible vinyl or sheet
metal skirting are not considered enclosures for
regulatory and flood insurance rating purposes, and
underpinning, regardless of structural status, is
openings as outlined above to comply with this
Ordinance.
{ii) The enclosed areas shall be used solely for parking of vehicles,
building access, or storage.
(iii) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
(iv) The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms.
{7) Temporary Non Residential-Structures
Prior to theiss_ - - - 2222 - - _-.- -_ •-• _ •• _ - -• __•- - -- -e- - - -- • - - - -. -•e --- - - - --
Floodplain Administrator, a plan for the removal of such structure(s) in the event
of a hurricane - - --- - - - - - - .- - - - - --- --
foNewing-+Rformatior
(a) A specified time period for which the temporary use will be permitted;
{b) Th- -_• -, --- - - - - - - - -- - --- - - -
for the removal of the temporary structure;
(c) The time frame prior to the event at which a structure will be removed
{i.e., minimum of 72 hours before landfall of a hurricane or immediately
upon flood warning notification);
(d) A copy of the contract or other suitable instrument with a trucking
and
{e) Designation, accompanied by documentation, of a location outside the
SFHA to which the temporary structure will be moved.
{8) Accessory Structures
within a SFHA, the following criteria shall be met:
{a) Accessory structures shall not be used for human habitation (including
work, sleeping, living, cooking or restroom areas);
{b) Accessory structures shall be designed to have low flood damage
{c) Accessory structures shall be constructed and pla--e e• •- __ _ _ -
(d) Accessory structures shall be firmly anchored in accordance with this
Section;
(f) Openings to relieve hydrostatic pressure during a flood shall be provided
conforming to the requirements of this Section;
Orange County, North Carolina—Unified Development Ordinance Page 6-25
Article 6: Development Standarcls
Section 6.6: Additional Standards for Overlay Distri ts7
{g) An accessory structure with any dimension that is 12 feet or less in
certificate. Elevation or flood proofing certifications are required for all
other accessory structures according to Section 2.6.11; and
(h) The accessory structure shall meet a e•••- -•e -
regi ire nts.
{a) Where a fire wall or independent perimeter road bearing wall is provided
between the addition and the existing building, the addition(s) shall be
the standards for new construction.
(b) Prc FIRM Structures
(i) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
considered a substantial improvement, as defined, and do not
require a zoning or building permit, the addition and/or
shall not be any more non conforming than the existing structure.
(ii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that arc
zoning or building permit both the existing structure and the
new-construction.
(c) Post FIRM Structures
(i) Additions to post FIRM structures with no modifications to the
existing structure shall require only the addition to comply with
the standards for new construction.
(ii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
considered a substantial improvement, the addition and/or
improvements only must comply with the standards for new
construction.
(iii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that arc
considered a substantial improvement, both the existing
with the standards for new construction.
(1) Areas designated as floodways or non encroachment areas are located within
the SFHA established in Section 4.3.
(2) The floodways and non encroachment areas are extremely hazardous argac due
to the velocity of floodwaters that have erosion potential and carry debris and
potential projectiles.
{3) The following provisions shall apply to all development within such areas:
Orange County, North Carolina—Unified Development Ordinance Page 6-26
Article 6: Development Stands
Section 6.6:Additional Standards for Overlay Districts
{a) No encroachments, including fill, new construction, substantial
the occurrence of the base flood. Su • -- .
(b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR),
•_. - - 1/ .t,- -
{c) No manufactured homes shall be permitted.
--- - ' - - -- - - -- , - - ••-•e ee • e see - =Gated
within SFHAs shall:
(1) Be consist--
(2) Have public utilities and facilities such as sewer, gas, electric, cable, and water
(3) -- - _e-e— " - - ' - - - -e- - -- - - --- - -rds.
{4) Have BFE data provided if development exceeds either 50 lots/units or five
acres. Such BFE data shall be adopted by reference per Section 1.3,
(E) Additional-Stara - - ' • • - - - - - .,tea-d-Area
Overlay-Ms' trict(SFHA)
(1) T• _- e e -e- . _e•...• - - • - - - '•" - - - --
---_ e---• • •- -- - _ •- •• -_ - • , • - _ •• e _ -e conditions-are
met
{a) The use serves a critical need in the Orange County.
(b) No feasible location exists for the use outside the SFHA.
(c) The reference level of any structure is elevated or flood proofed to at
least the regulatory flood protection level.
(d) The use complies with all other applicable federal, state and local laws.
(e) Orange County has notified the Secretary of the North Carolina
Department of Crime Control and Public Safety of its intention to grant a
(2) The Board of County Commissioners is required to make affirmative findings of
these standards.
• S • •. - . - •••
Nothing herein contained shall require any change in the plans, construction, size, or
authorized agents before the time of passage of this Ordinance; provided, however, that
use shall be in conformity with the provisions of this Ordinance.
(G) Enforcement
Orange County, North Carolina—Unified Development Ordinance Page 6-27
Article 6: Development Standar
Section 6.6:Additional Standards for Overlay Districts'
6&2s 6.1 Highway 70/ECOD
) Ingress and Egress
The following standards shall regulate ingress and egress points within e corridor:
(1) For purposes of determining the allowable number of ingress :nd egress points
on any particular lot, all lots recorded at the effective date o his Ordinance shall
be granted at least one ingress and egress point per road •ont unless access
can be provided through some internal means. Howeve,, minimization of the
total number of driveways along the Highway 70 corridor is desirable through the
use of shared driveways or other access managemer techniques.
(2) A trances/Exits
(a) On all corner lots, no vehicular opening: shall be located closer than 60
feet from the point of intersection of t - street right-of-way lines.
(b) o manage access on Highway 70 corner lots may be required to
pr•vide ingress and/or egress fro► the adjacent street.
(c) Entr. ces/exits shall not exce:: 36 feet in width measured at the
prope line; however, in ins :nces where parking lots serve
tractor/tr.:Her traffic, the driv-way entrance/exit may be increased to 40
feet in wid .
(d) Exits for par g faciliti: containing more than 36 parking spaces shall
contain holdin• anes or left-turning and right-turning traffic unless the
Planning Directo d: ermines that due to the physical features of a site,
holding lanes wo be unsafe and in accordance with established traffic
mitigation stand. ds, should not be required.
(3) Multiple Curb Cut R:•uireme'ts
(a) A lot fronti • on Highway 70 shall have a minimum of 600 feet of road
frontage ong the street be ire two curb cuts are allowed, unless the
project ' eets one of the folio ing criteria:
(i) Any mixed-use develop ent where two curb cuts are approved
as part of a Special Use '-rmit or Conditional District, as
prescribed by the Board of ounty Commissioners.
(ii) Shared Access
a. In instances where a no residential land use is
proposed next to another •n-residential land use and
each of the contiguous non- -sidential land uses will
have direct frontage along Hig,way 70, then the County
shall require shared driveway c s for all such
contiguous non-residential land u--s.
b. In the event that shared driveway c s are required, then
the owners of the contiguous parcels .hall execute
reciprocal easement agreements betw--n the separate
property owners and have the same reco ded in the
Office of the Orange County Register of D--ds prior to
the issuance of a Zoning Compliance Permit. The
easement agreement shall be sufficient to allo for the
development of a service road to channel acces from
Highway 70 to each property. Figure 6.6.2.A.3 shows an
example of the shared access.
Orange County, North Carolina—Unified Development Ordinance Page 6-28
Article 6: Development Standads
Section 6.6:Additional Standards for Overlay Districts
c. Non-residential developments that are no -.ntiguous to
other non-residential development - e time they are
approved shall be required t• :-signate stub outs to
adjoining properties or e site plan for the proposed
development s. . this shared access can be
develop-• ' and when the adjacent property is
de.:.t..ed for non-residential purposes or in cases
where an '-•'vidual curb cut for a residential land use is
deemed to be a .i is safety hazard by the County and
NC DOT.
d. Non-residential developments in the pre-defined
commercial areas of the Highway 71 .• ridor are
required to develop shared access points a :-rt of the
site plan approval process for the project.
Figure 6.6.12.A.3: Shared Access
Hwy 70
- - ------- Shared
Driveway
Service Street _ Cut
****1 ' 0*••*`1 ' 0:4 1 1 I r® ® ca
I
•
Non-residential Developments Within Pre-defined Commercial Areas of Highway 70
(4) The creation of offset driveways and/or intersections is not permitted, unles o
practical alternative exists.
All driveway entrances must have an approved NCDOT drivewa •ermit and
must be paved to NCDOT standards from the edge of the e ' ing roadway
p. ement to the existing right-of-way limit on the interio • the property.
(B) Outside Stora. = of Materials Prohibited
(1) All outside sto ::e of materials on non-re -ntial lots is prohibited. This
prohibition include e storage of go.. or materials which are not an integral
part of the use of the p ..erty an. hich are not obviously for sale.
(2) This prohibition does not -►. here the primary use of the property includes
the outside display of ••ods for sa : such as automobiles, boats, mobile homes,
etc., and the mat- s stored outside a - for sale.
(C) Landscaping and ' ffering
In lieu of the -quirements outlined in Section 6.8 of this Or. •-.nce, the following
standar.: shall apply:
There shall be a minimum ten feet wide vegetative buffer along : rights-of-ways
comprised of vegetation that complements surrounding plantings an. hich
includes trees planted in accordance with Section 6.8 where possible.
Orange County, North Carolina—Unified Development Ordinance Page 6-29
Article 6: Development Standar s
Section 6.6:Additional Standards for Overlay Districts
66.6.2 Efland Interstate
(A) Circulation and Connectivity
(1) All site planning for property east of Mount Willing Road shall take into account
the need for a connecting roadway between Mount Willing Road and the
Interstate 85/U.S. Highway 70 Connector.
(2) All site planning west of Mount Willing Road shall take into account e need for
a connecting roadway between Mount Willing Road and Buckhorn "oad, as
depicted on the Efland-Buckhorn-Mebane Access Management ' an, adopted
November 11, 2011.
In order to manage access on public streets, a site shall be p-rmitted no more
than one entrance/exit point unless justified by:
(a) site configuration;
b) trip generation;
(c traffic conditions, including the need for se'arate service and
visitor/employee vehicular access, and/o one-way traffic movement; or
(d) other factors.
(4) Intra-site accessibility shall be provided. Ve cies shall not be required to enter
the public reet in order to move from on- area to another on the same site.
(5) On all corner its, no vehicular opening-. shall be located closer than 60 feet from
the point of int- section of the street r •ht-of-way lines.
(6) Driveway entranc: /exits shall not -xceed 36 feet in width measured at the
property line; howe -r, in instanc-s where parking lots serve tractor/trailer traffic,
the driveway entranc: exit may •e increased to 40 feet in width.
(7) Exits for parking facilitie• co aining more than 36 parking spaces shall contain
holding lanes for left-turni ; and right-turning traffic unless the Planning Director
determines that due to the • ysical features of a site, holding lanes would be
unsafe and should not •- req.ired.
(8) Shared Driveways/. cess
(a) In order to inimize the n ber of driveway curb cuts on Mount Willing
Road, th••reby improving tra .c flow and safety, developments subject to
this Se'tion, fronting on Moun Willing Road, and located contiguous to
one . other shall provide share driveways/access whenever feasible,
as •etermined during site plan re .ew.
Methods to achieve shared .riveways/access may include
reciprocal easement agreeme Its among property owners,
reservation of future access ea -ments on property being
developed, or other methods det- mined during site plan review.
(ii) The location of shared driveways sho ll be determined during site
plan review. Shared driveways do no necessarily need to be
located at the front of lots if rear or side access is proposed and
feasible.
(• All driveway entrances must have an approved NCDOT driveway permit and
must be paved to NCDOT standards from the edge of the exis:ng roadway
pavement to the existing right-of-way limit on the interior of the • operty.
(10) Pedestrian Circulation
(a) Unless deemed unnecessary by the Planning Director during ite plan
review, large projects, defined in (b), may be encouraged to pr•vide an
internal pedestrian circulation system, owned and maintained by he
Orange County, North Carolina—Unified Development Ordinance Page 6-32
Article 6: Development StandT:its
Section 6.6:Additional Standards for Overlay Districts
property owner. The system may be encouraged to provide p:.estrian
walkways to outparcels and also within any large parking . eas.
(b) For the purposes of this subsection, a large project i defined as one
located on 5 or more acres or proposing more th- 50,000 square feet of
building area. A large parking area is one co :fining parking for 100 or
more vehicles.
(B) Landscaping an Buffering
In lieu of the requireme• s outlined in Section 6 : of this Ordinance, the following
standards shall apply:
(1) There shall be a minimu • ten --et wide vegetative buffer along all rights-of-ways
comprised of vegetation th- _omplements surrounding plantings and which
includes trees planted i• accor.-.ce with Section 6.8 where possible.
(2) There shall be a P. imum 15 feet wi.- egetative buffer along all common
property lines -parating non-residential -•. residential land uses. The required
plantings s•- I be in accordance with those rea ired for Buffer Yards Type A
outline. ithin Section 6.8 of this Ordinance.
(3) T e shall be a minimum eight feet wide landscaped s '. along all property
Ines separating non-residential uses from non-residential -s. The landscaped
strip shall be comprised of vegetation that forms a semi-opaqu- 'ntermittent
visual obstruction from the ground to a height of at least 15 feet, e .-pt in
required sight triangles. Joint use agreements between adjacent prop-• owners
for shared ingress/egress and/or parking may result in a waiver regarding •-
exact location(s) of the required buffers.
(4) The provisions of this subsection do not waive the buffer requirements found in
Section 6.6.45 (Major Transportation Corridor).
C) Architectural Design Standards
In addition to the requirements in Section 6.5 (Architectural De " " andards),
t - - -rnal design of chain businesses should con ' -nd complement the
existing co : -. sit character.
(D) Signage
(1) Signa.- _-- conform to requirements •'s Section 6.12 of this Ordinance
• ess in conflict with this subsection, in which c- - se requirements of this
subsection shall apply.
(2) The sign area of signs may be up to 64 square feet in size.
6:6:46.6.3 Efland Village
Circulation and Connectivity
Shared Driveways/Access for Properties Fronting on U.S. Highw• 1
(a In order to minimize the number of driveway curb c - on U.S. Highway
ereby improving traffic flow and safety -- elopments subject to
this Se fronting on U.S. Highwa :, and located contiguous to one
another shall . ide shared dr. ays/access whenever feasible, as
determined during si - • - - eview.
(i) Meth.•_ o achieve s - -. driveways/access may include
- Iprocal easement agreem- among property owners,
reservation of future access easem- on property being
developed, or other methods determined .. '.e site plan review.
(ii) The location of shared driveways shall be determine. : ring site
plan review. Shared driveways do not necessarily need to .-
Orange County, North Carolina—Unified Development Ordinance Page 6-33
Article 6: Development Standar 4
Section 6.6:Additional Standards for Overlay Distric s
located at the front of lots if rear access is proposed and
feasible.
(2) In order to manage access on public streets, sites which include new
construction or additions increasing the square footage of a building .y more
than 50% should be permitted no more than one entrance and exi •oint unless
justified by:
(a) site configuration;
(b) trip generation;
(c) traffic conditions, including the need for separate .ervice and
visitor/employee vehicular access, and/or one- ay traffic movement; or
d) other factors.
(3) In a-site accessibility should be provided. Vehicle- should not be required to
ent; the public street in order to move from one :rea to another on the same
site.
(a) ' his standard applies to new constr tion or additions that increase the
s. are footage of a building by mo e than 50% of the existing square
foo :ge.
(4) On all corner lets, no vehicular openin; shall be located closer than 60 feet from
the point of inte .ection of the street ght-of-way lines.
(5) Driveway entrance /exits shall not -xceed 36 feet in width measured at the
property line; howev:r, in instan -s where parking lots serve tractor/trailer traffic,
the driveway entrance -xit may .e increased to 40 feet in width.
(6) Exits for parking facilities o aining more than 36 parking spaces shall contain
holding lanes for left-turnin2 and right-turning traffic unless the Planning Director
determines that due to th- p• sical features of a site, holding lanes would be
unsafe and should not r.e req ' ed.
(7) All driveway entranc: must hav_ an approved NCDOT driveway permit and
must be paved to DOT standar. from the edge of the existing roadway
pavement to the : isting right-of-wa limit on the interior of the property.
(8) Pedestrian Ci ulation
(a) UnI: s deemed unnecessary by t'e Planning Director during site plan
re ew, large projects, defined in (b may be encouraged to provide an
if ernal pedestrian circulation system, owned and maintained by the
property owner. The system may be e ouraged to provide pedestrian
walkways to outparcels and also within aly large parking areas.
(b) For the purposes of this subsection, a large •roject is defined as one
located on 2 or more acres or proposing mar: than 15,000 square feet of
building area. A large parking area is one cont.:ning parking for 50 or
more vehicles.
(B) Ou -ide Storage of Materials Prohibited
( All outside storage of materials on lots other than those used '.ar single-family
detached residential purposes is prohibited.
(2) This prohibition includes the storage of goods or materials which a - not an
integral part of the use of the property and which are not obviously f. sale.
(3) This prohibition does not include the storage of materials where the pri ary use
of the property includes the outside display of goods for sale such as
automobiles, boats, mobile homes, etc., and the materials stored outside - e for
sale.
Orange County, North Carolina—Unified Development Ordinance Page 6-34
Article 6: Development Standrgt¢
Section 6.6: Additional Standards for Overlay Districts
C) Landscaping and Buffering
In lieu of the requirements outlined in Section 6.8 of this Ordinance, the owing
s ..dards shall apply:
(1) .ere shall be a minimum ten feet wide vegetative bu along all rights-of-ways
corn. •sed of vegetation that complements surrou . ng plantings and which
includes -es planted in accordance with Sec 6.8 where possible.
(a) Parcel onting on U.S. Highwa. 0 shall provide buffer plantings in
accordance ith those requi -: for Buffer Yards Type A outlined within
Section 6.8 of t'• Ordin- ce.
(2) There shall be a minimum --t wide vegetative buffer along all common
property lines separati . uses subs- t to the requirements of this overlay district
and single family d= -ched residential -•. uses. The required plantings shall be
in accordance - • those required for Buffe -rds Type A outlined within Section
6.8 of this • i inance.
(3) Ther- all be a minimum eight feet wide landscaped •1 along all property
lir
-s separating non-residential uses from non-residential -s. The landscaped
strip shall be comprised of vegetation that forms a semi-opaqu- •■termittent
visual obstruction from the ground to a height of at least 15 feet, ex :.t in
required sight triangles. Joint use agreements between adjacent prope • .wners
for shared ingress/egress and/or parking may result in a waiver regarding th-
exact location(s) of the required buffers.
(4) Although portions of the Efland Village Overlay District are also within the Major
Transportation Corridor Overlay District, the buffer requirements found in Section
6.6.45(Major Transportation Corridor) do not apply since said section applies
only to properties that abut the interstate.
(► Parking Lot Design
1) Up to 15% of the required parking spaces may be located in the fro ard. The
remainder of the required parking spaces shall be located at the ':e or rear of
the structure.
(- Existing buildings that change use shall comply this requirement to
the extent feasible, as determined during the • e plan submittal process.
(2) Shared p- ing areas shall be encouraged for co• iguous non-residential land
uses, in acco .ance with Section 6.9 of this 0 .inance.
(3) Parking areas wit' paces in excess of 1 0%of the minimum parking spaces
required, per Section 0.9 of this Ordin,- ce, shall not be permitted.
(4) Interior landscaping of the arki ots shall be provided in accordance with
Section 6.8 of this Ordinance.
(E) Signage
(1) Signage shall confo to the requireme• s within Section 6.12 of this Ordinance
unless in conflic . ith this subsection, in w • h case the requirements of this
subsection s - apply.
(2) The hei.• limit of signs is 15-feet, as measured fr.• the normal ground
elev. '.n below the sign.
(3) e sign area of signs may be up to 64 square feet in size.
(4) Digital signs shall not be permitted except as an incidental addi . to a permitted
sign.
(5) Portable signs and banner signs are allowed only for special events an. • ay be
displayed no sooner than 30 days prior to the event and must be removed hin
7 days after conclusion of the event.
Orange County, North Carolina—Unified Development Ordinance Page 6-35
Article 6: Development Standard�s
Section 6.6:Additional Standards for Overlay Districfs5
(6) New single pole signs are not permitted. Single pole signs existing as • April 7,
2015 shall be considered conforming uses and may be replaced if t -y are
damaged or destroyed.
(F) • hitectural Design Standards
In a••'tion to the requirements in Section 6.5 (Architectural Design :tandards), the
followin• design standards shall apply:
(1) Co gorate Franchise Architecture
(a) nder no circumstances shall modern cor%orate franchise building
d-.ign be permitted.
(b) Franc''se or'chain' businesses desi 'ng to locate in the Efland Village
Overlay District shall be required 0 design the building in accordance
with these • idelines.
(c) For purposes • this Sub-Se► ion, "modern corporate franchise building
design" means a • ilding •-sign that is trademarked, branded, or easily
identified with a pa ul. chain or corporation and is ubiquitous in
nature.
(2) Human Scale and Fenes ation
(a) New buildings : all be design-. to contribute to a human scale. Large
expanses of • ank walls shall be ••scouraged and fenestration (the
arrangem: t, proportioning, and de-..n of windows and doors in a
building and/or design features (such:s brick coursing changes,
decor.. ive architectural features, pattern- of paint, or murals) shall
sho. d be provided in such a way that a bui •ing is relatable to humans
a►d does not overpower the area.
(b) Additions to existing non-residential buildings sho d be designed to both
complement the existing building and achieve huma scale to the extent
feasible.
(c) The functional use of the building should be considered wh
determining design features and fenestration.
Mirrored glass is discouraged and in no case shall comprise more than 56'o of
the building façade.
6 6 56.6.4 Major Transportation Corridor(MTC)
(A) Landscaping and Buffers
In addition to the requirements set forth in Section 6.8 of this Ordinance, the following
standards shall be met:
(1) A minimum of 100 feet of buffer area from the edge of the interstate highway's
right of way, shall be preserved. The purpose of this buffer is to protect, preserve
and promote the visual appeal, character and value of land adjacent to major
transportation facilities; to provide for the separation of spaces; and to promote
the public health, safety and welfare through minimizing potential nuisances such
as the transmission of noise, odor, dust, litter and glare of lights.
(2) In areas of dense mature forest, existing vegetation may be used to fulfill the
buffer requirements. Where there is no existing vegetation in the buffer area, or
if existing vegetation does not provide a sufficient buffer, all proposed plantings
must be shown on the landscape plan to fulfill the buffer requirement. The new
plantings shall be predominantly evergreen and shall reach a mature size of at
least 30 feet. New trees shall be located so as to establish at maturity a
continuous screen in the 100 foot buffer area along the adjacent interstate
highway.
Orange County, North Carolina—Unified Development Ordinance Page 6-36
Article 6: Development Stand
Section 6.7:Additional Standards for MPD-CZD
(3) Landscaping shall be in accordance with an approved landscaping plan.
(4) Any areas left in a natural state shall remain undisturbed except as folio s:
(a) Within the buffer areas, necessary ingress, egress and utility service may
be allowed, but no other disturbance for site improvements - all be
permitted.
(b) Selective clearing of vegetation may be allowed only to emove diseased
trees or trees weakened by age, storm, fire or other in ry.
(5 Non-residential uses within Transition Areas, as designated •y the
Comprehensive Plan, may provide one break in the requir-d buffer per lot
adjacent to the interstate right-of-way in order to provide :n on-site commercial
.ign and/or building visibility. The break shall constitut: no more than 50%of the
i erstate highway frontage.
SECTION 6.7: ADDITIONAL STANDARDS FOR MPD-C-ZD
6.7.1 Master Plan
(A) All applications for e MPD-CZ designation shall be •repared in accordance with Section
2.9 of this Ordinance :nd shall include a general d: elopment plan herein called the
`Master Plan'.
(B) The Master Plan shall be .repared by an appro•riately licensed professional and shall
include the following:
(1) Map of the develop -nt site, inc ding the following:
(a) Overall acreage .f the s. e,
(b) Adjacent rights-of- : ,
(c) Zoning designation :no current use of adjacent properties, including
those across right:-of-w: s,
(d) Streams and other environ • ental features on-site and within 1,000 feet,
and
(e) Any existin, structures or impro ements on-site.
(2) General layout • development, includi • the following:
(a) Each •-velopment lot/pod and acrea.e of each,
(b) Inter'or roadway plan, with cross sectio detail also showing drainage,
(c) P •posed access points, and
(d) 'roposed on-site recreation and/or open spa.-.
(3) Prop•sed Uses
(a All uses proposed within the development shall be hown on the Master
Plan.
(b) For developments with more than one development lo cod, the
proposed uses shall be listed for each lot/pod.
(c) More than one use may be approved for each lot/pod. Howwer, the
Master Plan shall include a compatibility matrix to limit conflict between
adjacent uses.
Orange County, North Carolina—Unified Development Ordinance Page 6-37
Article 6: Development Standard
Section 6.13: Stream Buffers
(4) Information signs may be placed no closer than six feet to the edge of : road or
drive, and, in no case, may they be located within a street right-of-w. unless
they are erected by a governmental agency.
(5) Information signs may not exceed four feet in height.
(6) Information signs may not contain advertising material or exceed six square feet
in area.
(D) Temporary Signs
( Temporary signs may be used for construction and real -state information, and
future tenant identification, in accordance with the pro sions of this Section.
(E) Awni is
(1) e form and color of the awnings must be consi- ent.
(2) A .nimum eight-foot vertical clearance must •- maintained.
(3) Signs •n awnings must be painted on or scr-en printed and limited to the
awning'• flap (valance) or end panels.
(4) Canvas, tr:.ted canvas, matte finish vin; , and fabric awnings are permitted.
(5) Plexiglas, me..l, and glossy vinyl illu nated awnings are prohibited in the
Hillsborough E o D and strongly disc. raged in the Buckhorn and Eno EDDs.
(F) Signage for Parks, Publi and Non-pro ; Recreational Facilities, Non-Profit;
Recreational Facilities, G. f Courses; .nd Recreational Facilities, Profit
Total sign area shall be limite. o 500 .quare feet for all signs permitted herein, not
including Directional Signage er cteo in accordance with the provisions of this Section.
(G) Basic Sign Design Schedule fo ,illsborough EDD
The following design schedule as be-n approved for the Hillsborough EDD:
TABLE 6.12.14.G: HILLSBOROUGH ELM SIGN DESIGN SCHEDULE
MAXIMUM SYMBOL OR LETTER HEIGHTS(INCHES) GROUND OR
SIZE OF DEVELOPMENT MONUMENT SIGN HEIGHT
(ACRES) FASCIA LETTER BORDER MONUMENT LETTER SIGNS (FEET)
SIZE SIZE (SQ. FT.)
0-4.9 24 6 18 50 6
5.0—19.9 30 9 24 100 8
Over 20 3. 12 36 150 10
(Dev. Name)
Major Tenants 72 24 - - -
Additional 24 6
Information
3 square feet of wall sign allowed per tenant unless building fac.de exceeds 64'wide. For
Wall Signs ontages exceeding 64', 'A square foot of building frontage. No wa shall exceed 100 square
feet.
SECTION 6.11: STREAM BUFFERS
6.13.1 Purpose
Th-• purpose of the regulations included in this Section is to protect County water reso■rces by
establishing minimum buffers adjacent to streams, rivers, water bodies and other water -atures
.nd limiting development and other land disturbing activities within those buffers.
Orange County, North Carolina—Unified Development Ordinance Page 6-95
Article 6: Development StandInas
Section 6.13: Stream Buffers
.2 Applicability
Th- earn buffer regulations and standards contained herein shall be applica• - o all streams
and wate :.tures, as follows:
(A) Streams ide • .ed by any of the following means:
(1) Shown as so is - e lines or as broke, . ue lines on the USGS Quadrangle
maps,
(2) Shown as water featu - • the • :••e County Soil Survey, or
(3) A water feat - dentified by a field deter • - ion of County staff trained in
surfac- -.ter identification through the North Ca • *•a Division of Water Quality
owQ).
(B) . -am buffers shall extend around the perimeter of all water features if an :• ion of the
stream buffer of a stream touches the water feature. Disputes pertaining to wate :.ture
decisions by County staff shall be filed directly to the NCDWQ.
6.13.3 Calculating Width of Stream Buffer
(A) Special Flood Hazard Areas = - e - - _ _ _ _ _
(1) Those streams identified by FEMA as having floodplains shall have stream
buffers calculated from the outside edges of the 100-year floodplain.
B) Calculating Slope Value
Draw 250' length perpendicular lines, at 200-foot horizontal interv. . . ong the
-ntire length of the outside edges of the stream, or the outer -.•e of the FEMA
floo•: .in, whichever is greater.
(2) Determine th- : -vation at either the stream •- or the outer edge of the FEMA
floodplain, whicheve •- highest (Eleva 1), and at the point 250' from the
stream or FEMA floodplain, is -ler is applicable, along the perpendicular line
(Elevation 2).
(3) Subtract Elevatio rom Elevation 2 for t - •.fference.
(4) Divide th- % erence by 250 for the Mean.
(5) ' . iply the Mean by 100 to determine the "Slope Value".
Perform this calculation for both sides of the stream or floodplain.
Orange County, North Carolina-Unified Development Ordinance Page 6-96
Article 6: Development Standar
Section 6.21: Flood Regulations
same side of the road itself or the opposite side, such that no pr''ate
easement would be required to allow the property owner to .nnect and
within 500 feet of the structure to be connected;
(3) The structure or property to be connected is within the Wat: and Sewer
anagement Planning and Boundary Agreement Prim.,, Service Area for
• .nge County;
(4) The N..h Carolina Department of Transporta is willing to grant an
encroach •-nt into public road right-of-wa .r the purpose of connecting to the
public sewer - stem, if necessary.
(B) If the structure or property '• situated belo •• he elevation necessary to obtain a one-
percent grade in the sewer co ection ' e, but is otherwise accessible to a public sewer
as provided in (A) above, the ow - hall provide a private sewage pumping station.
Design and installation of the p pi • station shall adhere to all State and local plumbing
and other building codes, i addition to .•hering to all the connection requirements and
standard specifications • he governing se, -r use ordinance.
(C) If an existing septi 'acility is determined by the • ange County Environmental Health
Department to •-ve failed (or be inadequate for the .urrent or proposed use) and the
property is . cessible to a public sewer system as pro '.ed in (A), the owner shall be
require. o connect to the public sewer system unless a vi:.le repair area can be
iden ed on the property. If a viable repair area is identified 41, the property, the owner
•.II not be required to connect to the public sewer system, but . choose to connect if
so desired.
‘) There shall be no such connection requirement for any structure or prope• if an
adequate septic facility is currently in use and in good.working order.
•
6.21.1 Intent
The intent of this overlay districtthese regulations30 is to promote public health, safety, and
general welfare and to minimize public and private losses due to flood conditions within flood
prone areas by provisions designed to:
(A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion, flood heights
or velocities
(B) Require that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of flood waters;
(D) Control filling, grading, dredging, and all other development, which may increase erosion
or flood damage; and
(E) Prevent or regulate the construction of flood barriers, which will unnaturally divert
floodwaters or which may increase flood hazards to other lands.
6.21.2 Objectives
The objectives of this overlay districtthese regulations are to:
29 This new section combines existing regulations from Section(s)4.3 and 6.6.1. Existing text is shown in
underlined red text to denote the move. Changes to this existing text shall be denoted in underlined or
ctrikethrouzh blue text.
30 Revised language to ensure references to the'overlay district' are eliminated.
Orange County, North Carolina—Unified Development Ordinance Page 6-146
Article 6: Development Standa sts
Section 6.21: Flood Regulations
(A) Protect human life, safety, and health;
(B) Minimize expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(D) Minimize prolonged business losses and interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone, cable and other communication facilities, and sewer lines, streets, and bridges
located in flood prone areas;
(F) Minimize damage to private and public property due to flooding;
(G) Make flood insurance available to the community through the National Flood Insurance
Program (NFIP);
(H) Maintain the natural and beneficial functions of floodplains;31
(I) Help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize flood blight areas; and
�J) Ensure that potential homebuyers are notified that property is in a Special Flood Hazard
Area.
6.21.3 Findings of Fact
LA) Theflood preneSpecial Flood Hazard Areas (SFHA) are flood prone areas within the
planning jurisdiction of Orange County which are subject to periodic inundation, N,vhich
results in loss of life; property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures of flood protection and relief,
and impairment of the tax base, all of which adversely affect the public health, safety, and
general welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood prone
areas by uses vulnerable to floods or hazards to other lands, which are inadequately
elevated, flood proofed, or otherwise unprotected from flood damages.
Applicability
32
B� for E tabl' hment33
vv�i�--�vrc° ri�nmcn�s ••_ _ . - - -• •_ -i .
Technical State agreement between the State of North Carolina and FEMA or Flood
• - - - -- - --e • ---- -- - - 1'' - ' ..e-
-- --- e- ..•
99 _ _ e „ • • •-• . .• z ea ! . e-
04 2898A, 08 04 2899A, and 08 04 2900A, Letters of Map Revision 06 01 BQ22P, 06
04 C111 P, 07 04 6156R, and 08 01 1666P and Summary of Map Amendment#115
31 Subsection(s)(F), (G),and (H) have been added to address modifications to the FEMA model flood ordinance.
32 This language is currently contained in Section 4.3.4 of the UDO. After conferring with the County's Attorney
Office this information is already duplicated in the revised Section 1.1.3. There is no need to repeat this
information here.
33 This language is currently contained in Section 4.3.5 of the UDO. All of this information is now contained in
Section 1.1.3 of this Ordinance. There is no need to repeat this information here.
Orange County, North Carolina—Unified Development Ordinance Page 6-147
Article 6: Development StandarA
Section 6.21: Flood Regulations
- - -- -- ■,- -, ''•, ..• _• .. • ---- -- - ---- - -- -, - --
- - _ _ •-• _ -• - - -- •• -■ - . .. - - , - - ----
includes, but is not limited to:•5- - --- -- - - - - -- - - . '. - --e -
this Ordinance;
Preliminary FIRMs where more stringent than the effective FIRM; or
Post disaster Flood Recovery Maps, if available.
6.21.4 Compliance
No structure or land shall hereafter be located, extended, converted, altered, or developed,
improved, or maintained in any way without full compliance with the terms of the regulations
the provisions of this section and other applicable regulations.
6.21.5 Special Flood Hazard Areas (SFHA)34
(A) Provisions for Flood Hazard Reduction
In all SFHAs the following additional standards shall be met:
(1) All new construction and substantial improvements shall be designed and
adequately anchored to prevent flotation, collapse, or lateral movement of the
structure.
(2) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to minimize flood damage.
(3) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damages.
(4) All€electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service equipment and facilities shall be located at or above the Regulatory
Flood Protection Elevation (RFPE) or designed and installed/or-located so as to
prevent water from entering or accumulating within the components during
the occurrence of the base flood. These include but are not
limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork,
electric/gas meter panels/boxes, utility/cable boxes, appliances (washers, dryers,
refrigerator, etc.), hot water heaters, and electric outlets/switches.
(a) Replacements that are part of a substantial improvement, electrical,
heating, ventilation, plumbing, air conditioning equipment, and other
service equipment shall also meet the above provisions.
(b) Replacements that are for maintenance and not part of a substantial
improvement may be installed at the original location provided the
addition and/or improvements only comply with the standards for new
construction consistent with the code and requirements for the original
structure.
(5) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
34 The Special Flood Hazard Area is referenced throughout the FEME model flood ordinance and is defined within
Article 10 of the UDO as: The land in the floodplain subject to a 1%or greater chance of being flooded in any given
year as determined in Section 1.1.3 of this Ordinance, as defined by the base flood elevation. The mapped special
flood hazard area approximates the base flood elevation . Staff is comfortable recommending we keep the
reference to flood prone areas.
Orange County, North Carolina-Unified Development Ordinance Page 6-148
Article 6: Development Stanch
Section 6.21: Flood Regulations
(6) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into floodwaters.
(7) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding.
facilities shall not be permitted in SFHAs 35 - - - - - -
(8) Fuel and Chemical Storage
(a) With the exception of structures or tanks used for chemical and/or fuel
storage incidental and necessary to the daily operations of a water
treatment plant or wastewater treatment facility, the storage of the
following chemicals and compounds shall be prohibited within SFHAs:
fi) Acetone,
iii) Ammonia,
(iii) Benzene,
•
(iv) Calcium carbide
(v) Carbon disulfide,
(vi) Celluloid,
(vii) Chlorine,
(viii) Hydrochloric acid,
(ix) Prussic acid,
(x) Magnesium,
(xi) Nitric acid,
(xii) Oxides of nitrogen,
(xiii) Phosphorus,
(xiv) Potassium,
(xv) Sodium,
(xvi) Sulfur,
(xvii) Acetylene gas,
(xviii) Gasoline and any petroleum product,
(xix) Lumber,
()o) Charcoal or coal dust,
(xxi) Polychlorinated biphenyls (PCBs),
ss Staff is recommending deletion of this provision. These types of facilities should not be located in areas of the
County prone to flooding due to the potential impact on surrounding property owners. Further, as the County
already prohibits development, in general,within a floodplain as well as the storage of various chemicals there is
no reason to allow for solid/hazardous waste disposal facilities,junk/salvage yards,and chemical storage facilities
within the SFHA through any process.
Orange County, North Carolina—Unified Development Ordinance Page 6-149
Article 6: Development Standar
Section 6.21: Flood Regulations
(xxii) Poly nuclear aromatic
(xxiii) Volatile organic compounds (VOCs), or
(xxiv) Any priority pollutants listed in Table 1 of Section 307 of the
Clean Water Act (P.L. 92-500), as amended
(b) Where chemicals and fuel are necessary for the operation of water
and/or wastewater treatment facilities, the storage structure or tank may
be located within a SFHA overlay provided it is either elevated or flood
proofed in accordance with the standards contained herein and certified
in accordance with Section 2.6.4 of this Ordinance.
(9) The following facilities shall be prohibited in SFHAs:
(a) Hospitals,
(b) Nursing homes,
(c) Foster care facilities,
(d) Sheriffs facilities,
(e) Fire stations,
(f) Emergency operations centers,
(q) Solid waste disposal facilities,
(h) Hazardous waste management disposal facilities,
(i) Junk/salvage yards,
(j) Chemical storage facilities, and
(k) Vehicle and equipment storage facilities.
(10) Any inhabited structure within any SFHA shall have unobstructed, dry access
during a regulatory flood event.
(11) Nothing in this Ordinance shall prevent the repair, reconstruction, or replacement
of a building or structure existing on the effective date of this Ordinance and
located totally or partially within the floodway, non-encroachment area,or stream
setback, provided there is no additional encroachment below the RFPE in the
floodway, non-encroachment area, or stream setback and provided that such
repair, reconstruction, or replacement meets all of the other requirements of this
section and the Ordinance. S
(12) When a structure is partially located in a SFHA, the entire structure shall meet
the requirements for new construction and substantial improvement.'
(13) New fill material within any SFHA shall be prohibited except as part of a roadway
construction project consistent with the standards contained herein. 38
(14) Grading activities within any SFHA shall be prohibited except as part of a
roadway construction project consistent with the standards contained herein.39
36 Language taken from the revised FEMA model flood ordinance.
3'New language taken from the new model flood ordinance.
38 Staff is recommending adding language recognizing the potential need for the use of fill material and/or grading
activities in the SFHA connected to the development of a road. Please note roadway projects are required to
adhere to a heightened review process as detailed herein, including review and approval of the project by State
FEMA officials.
39 Staff has always relied on existing regulations prohibited development activity within,as well as requiring the
preservation of a stream/floodplain buffer around,identified SFHA as a means of denoting no grading activity
Orange County, North Carolina—Unified Development Ordinance Page 6-150
Article 6: Development Stand
Section 6.21: Flood Regulations
(15) Public utilities and facilities shall be constructed to minimize flood damage
consistent with these and all other applicable County regulations.
(16) In cases where development is otherwise allowed within identified SFHA's,
adequate drainage shall be provided.
(17) When a structure is located in a SFHA with multiple Base Flood Elevations
(BFEs), the provisions for the highest BFE shall apply.
(B) Specific Standards Where Base Flood Elevation (BFE) Data Provided
In all SFHAs where BFE data has been provided, as set forth in Section 1.10 or 4.3, the
following standards shall be met:
(1) Residential Construction
(a) New construction of residential structures within the SFHA shall be
prohibited.
(b) Substantial improvement of any existing residential structure (including
manufactured homes) shall require the reference level, including
basement, elevated no lower than two feet above the regulatory flood
protection elevation, as defined in Article 10 of this Ordinance.
(c) Should solid foundation perimeter walls be used to elevate a structure,
openings sufficient to automatically facilitate equalization of hydrostatic
flood forces on exterior walls shall be provided pursuant to Section 2.6.3.
(2) Non-Residential Construction
.O New construction of non-residential structures within the SFHA shall be
prohibited.
(b) Substantial improvement of any existing commercial, industrial, or other
non-residential structure shall have the reference level, including
basement, elevated no lower than the 'e- _ _ ___ _ _ -_ •
_
elevationRFPE.
(c) Structures located in the AE Zone may be flood proofed no lower than
two feet above the level of the base flood elevationto the RFPE in lieu of
elevation provided that all areas of the structure
together with attendant utility and sanitary facilities,
below the RFPE are watertight with walls substantially impermeable to
the passage of water, using structural components having the capability
of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy.
(d) A North Carolina licensed Professional Engineer or Architect shall certify
that the standards of this subsection are satisfied. Such certification
shall be provided to the official as set forth in Section 2.6.
(3) Manufactured Homes
(a) Replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the regulatory
flood protection elevation.
would be permitted. Given recent discussions with State FEMA staff, it was deemed prudent to specify a
prohibition on grading activities as part of this update.
Orange County, North Carolina—Unified Development Ordinance Page 6-151
Article 6: Development Standar
Section 6.21: Flood Regulations
(b) Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, or lateral movement
according to the State of North Carolina Regulations for
Manufactured/Mobile Homes, 1995 Edition, and any revision thereto
adopted by the Commissioner of Insurance pursuant to NCGS X143-
143.15 or a certified engineered foundation.
(c) When the elevation would be met by an elevation of the chassis 36
inches or less above the grade at the site, reinforced piers or other
foundation elements of at least equivalent strength shall support the
chassis.
(d) When the elevation of the chassis is above 36 inches in height, an
engineering certification is required.
(e) All foundation enclosures or skirting below the lowest floor shall comply
with the standards in Section 2.6.4.
(f) An evacuation plan must be developed for evacuation of all residents of
all new, substantially improved or substantially damaged manufactured
home parks or subdivisions located within flood prone areas. This plan
shall be filed with and approved by the Floodplain Administrator and the
local Emergency Management coordinator.
(4) Road and Driveway.Crossings
La) Any public road, private road, or driveway crossing a SFHA shall require
a `No-Impact' certification approval from the North Carolina Emergency
Management Division before any building'permits can be issued for new
construction which derive their vehicular access from such public roads,
private roads, or driveways.
(b) If the"No- Impact" certification data demonstrate that the Base Flood
Elevation will rise more than one vertical foot, then the developer shall
file a Conditional Letter of Map Revision with the North Carolina Division
of Emergency Management for review and approval. Before any building
permit can be issued for the improvements associated with the crossing,
an approved Letter of Map Revision shall be on file in the Planning and
Inspections Department.
(5) Recreational Vehicles
Recreation vehicles placed on sites within a SFHA shall be consistent with either
of the following:
(a) Be on site for fewer than 180 consecutive days and be fully licensed and
ready for highway use (a recreational vehicle is ready for highway use if
it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities, and has no permanently attached additions); or
(b) Meet all the requirements for new construction, including anchoring and
elevation requirements of Section 2.6 and Section 6.6.1(B)(3) of this
Ordinance.
(6) Fully Enclosed Areas Below Regulatory Flood Protection Elevation (RFPE)
(a) With the new construction or 40substantial improvement of elevated
buildings, fully enclosed areas that are below the neg-41atorry-Mood
RFPE shall not be used for human habitation, but
shall be designated for use only as follows:
4°This language is inconsistent with our current policy prohibiting new construction/development within the SFHA.
As a result staff is recommending deletion of same.
Orange County, North Carolina—Unified Development Ordinance Page 6-152
Article 6: Development Stand
Section 6.21: Flood Regulations
(i) For parking of vehicles,
(ii) Building access, or
(iii) Limited storage of maintenance equipment used in connection
with the premises.
(b) Such spaces shall be constructed entirely of flood resistant materials
below the regulatory flood protection level in the AE zone and meet the
following criteria:
(i) Shall be designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and exit of
floodwaters. To meet this requirement, the foundation must
either be certified by a North Carolina licensed Professional
Engineer or Architect or meet the following minimum design
criteria:
a. Provide a minimum of two openings on different sides of
each enclosed area subject to flooding:
b. The total net area of all openings must be at least one
square inch for each square foot of enclosed area
subject to flooding
c. If a building has more than one enclosed area, each
area must have openings on exterior walls to allow
floodwaters to directly enter and exit;
d. The bottom of all required openings shall be no higher
• than one foot above the adjacent grade;
e. Openings may be equipped with screens, louvers, or
other opening coverings or devices provided they permit
the automatic flow of floodwaters in both directions; and
• f. Foundation enclosures made of flexible vinyl or sheet
metal skirting are not considered enclosures for
regulatory and flood insurance rating purposes, and
therefore, do not require openings. Masonry or wood
underpinning, regardless of structural status, is
considered an enclosure and requires hydrostatic
openings as outlined above to comply with this
Ordinance.
(ii) The enclosed areas shall be used solely for parking of vehicles,
building access, or storage.
(iii) Access to the enclosed area shall be the minimum necessary to
allow for parking of vehicles (garage door) or limited storage of
maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway or
elevator).
(iv) The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms.
Orange County, North Carolina—Unified Development Ordinance Page 6-153
Article 6: Development Standards
Section 6.21: Flood Regulatid'W
(v) Property owners shall be required to execute and record a non-
conversion agreement prior to issuance of a building permit
declaring that the area below the lowest floor shall not be
improved, finished, or otherwise converted to habitable space.
Orange County shall have the right to inspect the enclosed area
on an annual basis to confirm compliance with this agreement.
This agreement shall be recorded within the Orange County
Registrar of Deeds and shall transfer with the property in
perpetuity.'"
a. If a property bound by a non-conversion agreement is
modified to remove the enclosed areas below the RFPE,
the owner may request release from the agreement after
staff inspection and submittal of confirming
documentation.
(7) Temporary Non-Residential Structures
Prior to the issuance of a floodplain development permit for a temporary
structure, the applicant shall submit in writing for the review and approval of the
Floodplain Administrator, a plan for the removal of such structure(s) in the event
of a hurricane or flash flood warning notification. The plan shall include the
following information:
(a) A specified time period for which the temporary use will be permitted.
Time specified may not exceed three months.;
(b) The name, address, and phone number of the individual responsible for
the removal of the temporary structure;
(c) The time frame prior to the event at which a structure will be removed
(i.e., minimum of 72 hours before landfall of a hurricane or immediately
upon flood warning notification);
(d) A copy of the contract or other suitable instrument with a trucking
company to ensure the availability of removal equipment when needed;
and
(e) Designation, accompanied by documentation, of a location outside the
SFHA to which the temporary structure will be moved.
When accessory structures (sheds, detached garages, etc.) are to be placed
within a SFHA, the following criteria shall be met:
{a) Accessory structures shall not be used for human habitation (including
work, sleeping, living, cooking or restroom areas);
(b) Accessory structures shall be designed to have low flood damage
potential;
(c) Accessory structures shall be constructed and placed on the building site
so as to offer the minimum resistance to the flow of floodwaters;
(d) Accessory structures shall be firmly anchored in accordance with this
Section;
41 This is new, optional, language referenced within the FEMA model flood ordinance staff is recommending for
adoption. Implementation of this provision will result in additional credits for Orange County through the
Community Rating System (CRS) program, which helps to reduce flood insurance premiums for local residents
through the enforcement of flood damage prevention policies and regulations. Our continued efforts over the
years have resulted in a 20%reduction in flood insurance premiums for local policy holders.
Orange County, North Carolina—Unified Development Ordinance Page 6-154
Article 6: Development Stands
Section 6.21: Flood Regulations
(e) All service facilities such as electrical and h ting equipment, shall be
installed in accordance with this Section;
(f) Openings to relieve hydrostatic pressure during a flood shall be provided
conforming to the requirements of this Section;
(g) An accessory structure with any dimension that is 12 feet or lee's in
certificate. Elevation or flood proofing certifications are required for all
other accessory structures according to Section 2.6.1; and
(h) The accessory structure shall meet all zoning and building code
requirements-42
(8) Additions/Improvements
(a) Where a fire wall or independent perimeter load-bearing wall is provided
between the addition and the existing building, the addition(s) shall be
considered a separate building and only the addition need comply with
the standards for new construction.
(b) Pre-FIRM Structures
(i) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
• considered a substantial improvement, as defined, and do not
require a zoning or building permit, the addition and/or
improvements shall be designed to minimize flood damages and
_ shall not be anymore non-conforming than the existina structure.
•
•
(ii) _ For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are
considered a substantial improvement as defined, requiring a
zoning or building permit, both the existing structure and the
addition and/or improvements shall comply with the standards for
new construction.
(c) Post-FIRM Structures
(i) Additions to post-FIRM structures with no modifications to the
existing structure shall require only the addition to comply with
the standards for new construction.
(ii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are not
considered a substantial improvement, the addition and/or
improvements only must comply with the standards for new
construction.
(iii) For additions and/or improvements, in combination with any
interior modifications to the existing structure, that are
considered a substantial improvement, both the existing
structure and the addition and/or improvements must comply
with the standards for new construction.
(d) 43Any combination of repair, reconstruction, rehabilitation. addition or
improvement of a building or structure taking place during a five year
42 Staff is recommending deleting existing language governing accessory structures. As we do not allow new
development within the Special Flood Hazard Area it makes no sense to have a section implying an accessory
structure could be erected within the area in the first place.
43 This provision is optional, but will be required for flood insurance policy holders to be eligible for Increased Cost
of Compliance(ICC) benefits for repetitive losses. From staff's perspective the addition of this standard is essential
Orange County, North Carolina—Unified Development Ordinance Page 6-155
Article 6: Development Standars9
Section 6.21: Flood Regulations
period, the cumulative cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started
must comply with the standards for new construction. For each building
or structure, the 5 year period begins on the date of the first improvement
or repair of that building or structure subsequent to the effective date of
this ordinance. Substantial damage also means flood-related damage
sustained by a structure on two separate occasions during a 10-year
period for which the cost of repairs at the time of each such flood event,
on the average, equals or exceeds 25 percent of the market value of the
structure before the damage occurred. If the structure has sustained
substantial damage, any repairs are considered substantial improvement
regardless of the actual repair work performed. The requirement does
not, however, include either:
(i) Any project for improvement of a building required to correct
existing health, sanitary or safety code violations identified by the
building official and that are the minimum necessary to assume
safe living conditions.
(ii) Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a
historic structure.
(C) Floodway and Non-encroachment Areas
(1) Areas designated as floodways or non-encroachment areas are located within
the SFHA established in Section 4.31.1.3 of this Ordinance.
(2) The floodways and non-encroachment areas are extremely hazardous areas due.
to the velocity of floodwaters that have erosion potential and carry debris and
potential projectiles.
(3) The following provisions shall apply to all development within such areas:
(a) No encroachments, including fill, new construction, substantial
improvements and other developments shall be permitted unless it has
been demonstrated through hydrologic and hydraulic analyses,
performed according to standard engineering practice, that the proposed
encroachment would not result in any increase in the flood levels during
the occurrence of the base flood. Such certification and technical data
shall be presented to the Floodplain Administrator before issuance of
floodplain development permit.
(b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR),
then a Letter of Map Revision (LOMR) must also be obtained upon
completion of the proposed encroachment.
(c) No manufactured homes shall be permitted.
(D) Subdivisions, Manufactured Home Parks, and Major Developments
All subdivisions, manufactured home parks, and major development proposals located
within SFHAs shall:
(1) Be consistent with the need to minimize flood damage.
(2) Have public utilities and facilities such as sewer, gas, electric, cable, and water
systems located and constructed to minimize flood damage.
(3) Have adequate drainage provided to reduce exposure to flood hazards.
to ensure local property owners within flood insurance are continuing to be eligible for applicable benefits under
their flood policies.
Orange County, North Carolina—Unified Development Ordinance Page 6-156
Article 6: Development Stand
Section 6.21: Flood Regulations
(4) Have provided all Base Flood Elevation (BFE) data : e•.e-: _-.- __ •-
_--_ - -- -e e - e -- - . --- ' -- - - adopted by
reference per Section 4.31.1.3 of this Ordinance.44
- - , • .
accordance with the Table of Permitted Uses, if all of the following conditions arc
met
The use serves a critical need in the Orange County.
No feasible location exists for the use outside the SFHA.
The reference level e _ __ - - - -•- -e _ ___ _ __ __ _
- _ -_ , •-
"T• _• •_ - -
fact base: - • - - ••_• - - - ,e .--• - 's compliance with
these
(E) Effect Upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development_permit has been granted by the Floodplain Administrator or his/her
authorized agents before the time of passage of this Ordinance; provided, however, that
when construction is not begun under such outstanding permit within a period of six
months subsequent to passage of this Ordinance or any revision thereto, construction or
use shall be in conformity with the provisions of this Ordinance.
(F) Enforcement
The provisions of the SFHA Overta ict shall be enforced in accordance with the
requirements contained within Section 9.7 of this Ordinance.
as Staff is recommending we eliminate the identified unnecessary and conflicting language. All flood areas(i.e.
SFHA)are required to be left undisturbed and protected by open space areas(i.e. primary open space in a
subdivision). Further we require all applicable data for a project located on a property encumbered by SFHA. As a
result providing some exemption from the requirement based on acreage/number of units is inconsistent with
established regulations.
45 This section is recommended for deletion given staff's recommendation to prohibit development of
solid/hazardous waste management facilities, salvage/junk yards, and chemical storage facilities within a SFHA.
From our standpoint allowing for same is inconsistent with the overall purpose and intent of the County's
floodplain management program.
Orange County, North Carolina—Unified Development Ordinance Page 6-157
Article 7: Subdivisions
Section 7.11: Recreational Facilitgs
(B) If the Board of Education has not purchased the site or begun proceedings to demn
- site within 18 months if site reservation, the subdivider may treat the I-•• as freed of
the r-.ervation.
SECTION 7.11: RECREATIONAL FACILITIES
7.11.1 Applicability
(A) Every person, firm or corpo ..tion who subdiv•-s land for residential and/or non-
residential purposes shall be reb ired to • -dicate a portion of such land for the purpose
of public recreation/open space, in • ng the preservation of natural and cultural
resources, to serve the leisure --ds o e residents of the subdivision and the residents
of the immediate neighborh••d within whic' e subdivision is located.
(See Article 10 for d- ition of"immediate neighb• ood". The Planning Department
keeps a map sh•.ving the location of recreation servic-- -rea boundaries)
(B) In all cas-:, the Recreation and Parks Advisory Council sha eview and make
reco • endations to the Planning Board and Board of County .• missioners on the
*vision or dedication of recreation and/or open space areas.
( This public Recreational Facilities requirement is in addition to any require --nts for
privately held passive or active Common Open Space areas.
7.11.2 Area Requirements
(A) At least 1/57 of an acre shall be dedicated for each dwelling unit planned or provided for
in the subdivision plan, except where land is located within +n-#f 'a Special Flood
Hazard Area Overlay District and/or is characterized by steep slopes(15% or greater),
then at least 1/20 of an acre of such land shall be dedicated for each dwelling unit.
(: If the application of the provisions of Article 3 (Required Minimum Recreation pace
Ratio, as shown on the table of each zoning district) and Section 6.3 (Land -se Intensity
stem) of this Ordinance results in a greater amount of land, then the • erence
be -en the application of the standards above and those of the refe •.nced Articles shall
be est-•fished as private recreation for the use of the residents of e development.
(C) The total la • area dedicated as part of a nonresidential sub.'vision shall be determined
by an analysis . the site, the use(s) to be located thereon -nd the designation of
recreation and/or •.en space sites as shown on the ad••ted Comprehensive Plan.
(1) The site analy • shall be prepared by the : bdivider and shall identify in written
and graphic form •ose areas characte • ed by:
(a) Steep slopes % or gre- -r),
(b) Special flood hazar• , eas and wetlands,
(c) Rock outcroppin; ,
(d) Mature woo. .nds (trees of : inches or greater in diameter),
(e) Existin• tructures and cemeterie , -nd
(f) La. -s, ponds, rivers and other water re •urces.
(2) A writ - and graphic description shall also be subm. ed by the subdivider which
ide• ifies:
a) The proposed use of each lot in the subdivision,
(b) The approximate amount of building and parking covera•: for each lot,
and
(c) The approximate number of employees associated with each use.
Orange County, North Carolina—Unified Development Ordinance Page 7-29
Article 7: Subdiviss
Section 7.13: Specifications for Plat Drawings
(B) A precise description of the extent to which the proposed modifications depart from t --
standard requirements of the applicable zoning district and the reasons for such
departures.
The location, type, and area of the Common Open Space, as well as the amou and
function of the Common Open Space in terms of densities and dwelling types •roposed.
(D) Written site analysis accompanied by an illustrative site map, which identifies the
following:
) Slopes 7%- 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
(4) ,ignificant stands of trees,
(5) Si. ificant examples of a particular species of tree • curring in a native stand
and • •ecimen trees,
(6) Draina.- and waterways,
(7) Special flied hazard areas,
(8) Significant r• k outcroppings,
(9) Significant sce .c vistas,
(10) Soils with limitati• s for on-site wast: ater systems and building development,
(11) The manner in whic• the plan ma -s adequate provision for water and
wastewater treatment, and
(12) The relationship of the p :n to he physical environment, the neighborhood in
which it is proposed to be : ablished, and the intent of the provisions providing
for the establishment of a • ster subdivision.
SECTION 7.13: SPECIFICATIONS FOR PLAT DRAWINGS
The requirements of this Section shall apply •• the format • drawings.
7.13.1 Minor Subdivisions
(A) Concept Plan
The required Conc:it Plan for Minor Subdivisions .insists of:
(1) A scale. copy of a current Orange County GI Map for the property denoting its
curren orientation and layout. This map may b- obtained from the Planning
Dep. ment for a fee in accordance with the ado• ed fee schedule and shall
co ain at a minimum the following information:
:) Contour lines,
(b) Soils,
(c) Water features, and
(d) Any known easements.
(2) A scaled drawing in black ink or pencil detailing the proposed di ision of property
including, but not limited to, the following:
(a) The scale of the drawing,
(b) A north arrow,
(c) The date of preparation,
Orange County, North Carolina—Unified Development Ordinance Page 7-58
Article 7: Subdivisio s
Section 7.13: Specifications for Plat Drawinfs
(i) Public or private community water supply system
(ii) Public or private community sewage dispo : systems, and
(iii) Storm drainage facilities, includin• -•fisting and proposed
• ageways and channels.
(b) Any easements a-=•ciated wi • uch utility systems shall also be
denoted and the purp• - d the easements designated on the plat.
(7) Landscaping and Buffer .ata
The following info •--tion shall be denoted on •- Preliminary Plat to
demonstrate . pliance with the provisions of Sec ', 6.8 of this Ordinance:
(a) xisting trees and/or vegetation to be preserved a •roposed trees
and/or landscape materials to be installed.
(b) Required buffers.
(8) Special Flood Hazard Area (SFHA) Standards
(a) The boundary of the Special Flood Hazard Ar a SFHA zoning overlay
district shall be designated and labeled on the plat as required by this
Ordinance.
(b) For subdivisions located within a Watershed Protection Overlay District,
as identified on the Orange County Zoning Atlas, the following
information shall be designated and labeled on the plat:
(i) Impervious surface data as required by Section 4.2 of this
Ordinance;
(ii) Stream buffers as required by Section 6.13 of this Ordinance;
and
(iii) Stormwater detention and/or retention sites and undisturbed
areas for infiltration purposes as required by the Section 6.14 of
this Ordinance.
7.13. Final Plat Specifications
(A) Plat Preparation
( The Final Plat shall be drawn in accordance with the require - is of G.S. 47-30
as amended and to the specifications of this Section. The . at shall be prepared
•• a Professional Land Surveyor at a scale of not less an 100 feet to the inch
nor •re than 20 feet to the inch.
(2) All Final ' : s shall be prepared in accorda ►- with the Manual of Practice for
Land Surveyin. in North Carolina as pre:.red by the North Carolina State Board
of Registration for ' ofessional Engi.-ers and Land Surveyors.
(B) Title Block
A title block shall be placed on t - pl. , which shall contain the following information:
(1) The name of the s .division, prece.-d by the words"Final Plat of
", which shall not duplic- - nor closely approximate, phonetically
or in spelli •, the name of any other subdi .,ion in Orange County, and, where
the pla - hand is only part of a larger subdivi .•n bearing the same name, the
un' •r section number of other necessary identific- 'on;
(2) The graphic scale in feet per inch in words or figures an. •ar graph; a north
arrow accurately positioned and designated as magnetic no 4, true north, North
Carolina State Plane Coordinate Grid System North or north re - enced to a
recorded instrument with the recording reference shown; the date o sates the
survey was conducted; and any other pertinent legend data;
Orange County, North Carolina—Unified Development Ordinance Page 7-65
Article 7: Subdivisis
Section 7.13: Specifications for Plat Drawings
(c) The location and purpose of all new easements for utility sys - s shall
be shown on the Final Plat, including, but not limited to,:
(i) Sanitary sewers,
Septic tanks and nitrification fields,
(iii) Storm sewer lines,
(iv) W- -r mains,
(v) Gas, tra• mission mains,
(vi) Overhead el- tric, tel and CATV transmission mains, and
(vii) Any other above 0. below ground utility systems which are
contained wit a de '•Hated easement.
(d) It is understood t :t utility distribu ••n systems to individual lots for gas,
electric, telep .ne, and TV cable se • e are customarily covered by
"blanket e-:-ments" or"general easeme• s". If these easements have
been re •rded, the recording data shall be •own on the plat.
()the', ise, these easements need not be deno :d on the plat.
(4) Landsc. sing and Buffer Data
Bu -rs widths and locations as required by Section 6.8 of this Or.. ance shall be
own on the Final Plat and specified in a separate document to be :corded
concurrently with the Final Plat. The Deed Book and Page reference s : I be
noted on the Final Plat.
(5) Special Flood Hazard Area (SFHA) Standards
(a) . The boundary of the -e--.- ___ -- - _ • -- _ _ _ .-
SFHA shall be designated and labeled on the plat as required by this
Ordinance.
(b) For subdivisions located within a water supply watershed of regional
and/or local importance, the following information shall be shown on the
Final Plat:
(i) The maximum impervious surface data as required by Section
4.2 of this Ordinance shall be shown for each lot.
(ii) Stream buffers as required by Section 6.13 of this Ordinance
shall be delineated with widths noted on the Final Plat.
(iii) Development restrictions within the stream buffer shall be
specified in a separate document to be recorded concurrently
with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(iv) Storm water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section 4.2 and
6.13 of this Ordinance shall be delineated and labeled on the
Final Plat.
(v) Any restrictions or requirements associated with the
detention/retention sites shall be specified in a separate
document to be recorded concurrently with the Final Plat. The
Deed Book and Page reference shall be noted on the Final Plat.
(6) • • - • .ce and Natural and Cultural Resource Areas
(a) Any areas identi ie• • -- " . ento • -- la ural Areas and Wildlife
Habitats of Oran.- e. l orth ars • _•- be shown on the Final
P -
Orange County, North Carolina—Unified Development Ordinance Page 7-68
Article 9: Enforceme
Section 9.7:Additional Procedures—Special Flood Hazard Area Overlay Dist Mr
by regular mail. Service shall be deemed sufficient if the notice by certified mail i
unclaimed or refused, but the notice by regular mail is not returned by the post ice
within ten days after mailing, provided that a notice of civil penalty citation is ..sted in a
conspicuous place on the premises affected. The notice shall include a co. of the
otice of violation, the amount of the penalty, information about where to .ay the penalty,
t - deadline for payment, which shall be ten days from the date of the .tice, and the
po .ibility of civil and/or criminal enforcement.
(C) Penal Amount
The Plan•ing Director may impose a penalty of$500.00 per da, of violation.
(1) For •urposes of assessing the amount of a civil pen, ty, each day the violation
remai's uncorrected after receipt of the final notic- of violation, correction order,
Stop . k Order, or the receipt of the Civil Pen- y Citation itself in the case of
emergen enforcement, shall constitute a se.-rate violation that subjects the
violator to a'ditional civil penalties.
(D) Settlement of Claims
The Planning Director is . thorized to determi'e the amount of payment that will be
accepted in full and final se lement of some .r all of the claims the governing body may
have in connection with the violation. The alarming Director shall indicate in writing the
claims from which the violator H releaseg. If the violation has not been remedied,
payment shall not release a viola .r fr. potential criminal prosecution or a claim for
injunctive relief and/or an order of -.:tement.
(E) Continuing Violations
(1) The Planning Director ay issue . Civil Penalty Citation for a violation that
continues without bo. g corrected. The violator in such cases may be assessed
a penalty for each :ay of the continu g violation.
(2) An initial Civil P-nalty Citation for a sin. violation must be issued before a Civil
Penalty Citat'.n for a continuing violation issued.
(3) If the viol.•.r has failed to pay the penalty a . correct the violation after the initial
Civil Pe -Ity Citation, the violator is subject to :• Civil Penalty Citation for a
contin.ing violation with a daily penalty.
(4) An ' itial Civil Penalty Citation is not required if the 3epartment has previously
i .ued a Civil Penalty Citation to the violator for the s: e violation at the same
ocation within the previous two years.
(5) The Planning Director may give a single notice of a Civil '-nalty Citation for a
continuing violation. The notice must contain a copy of the .tire of violation and
must state that the violation is continuing, that a daily penalty .f a specified
amount is being imposed, and that the penalty is cumulative.
(F) Judicial Action to Collect Civil Penalty
A civil action in the nature of a debt may be filed in any court of competent jur diction to
collect an unpaid civil penalty imposed herein.
SECTION 9.7: ADDITIONAL PROCEDURES - SPECIAL FLOOD HAZARD
AREA
9.7.1 Actions in Event of Violation
(A) Identified violations of the Special Flood Hazard Area Overlay District shall be sent a
Notice of Violation. The Notice shall detail the nature of the violation and schedule a
hearing with the Floodplain Administrator to review the situation.
(B) This hearing shall be held before the Floodplain Administrator at a designated place and
time, not later than ten business days after the date of the Notice, at which time the
Orange County, North Carolina—Unified Development Ordinance Page 9-7
Article 9: EnforcenAut
Section 9.8: Soil Erosion and Sedimentation Control
owner shall be entitled to be heard in person or by counsel and to present arguments and
evidence pertaining to the matter.
(C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate,
or demolish the structure; or to remove fill as appears appropriate.
• .2 Order to Take Corrective Action
(A upon a hearing held pursuant to the notice prescribed above, the Flo..: -in
Admi -tor shall find that the structure or development is in . ion of this Ordinance,
he or she sha _.- an order in writing to the owner -• firing the owner to remedy the
violation within a speci i-. '• e period, not I-._ an 60 days.
(B) Where the Floodplain Admini - • in.- •at there is imminent danger to life or other
property, he or she 1- • •rder that corrective ac '.• •e taken in such lesser period as
may be fea
(C) e absence of an appeal (see Section 2.27.7), the order of the Floo•. -'.
Administrator shall be final.
9.7.3 Failure to Comply with Order
If the owner of a building or e e e-- . e -e e . • -• e• to take corrective actie
which al h� hog - - - - • • • -• - - -- ee • - _ eedy following
an app al, he or chd chc ty-of-a Cla"s 3 misdemeanor and shall-be- uni-shed he
discretion of the ourt-.If the owner of a building or property fails to comply with an order to take
• ' corrective action for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant
• to NC G.S. § 143-215.58 and shall be punished at the discretion of the court
SECTION 9.8: SOIL EROSION AND SEDIMENTATION CONTROL
9.8.1 pections and Investigations
(A) Site Inspections
Ag- ts, officials, or other qualified persons authorized by the County fill periodically
inspe and-disturbing activities to ensure:
(1) Co •',Hance with the North Carolina Sedimentation P. lution Control Act of 1973
("Act" i• this Section), this Ordinance, or rules or . ders adopted or issued
pursuant e this Ordinance;
(2) The measures -quired in the plan are e•-ctive in controlling erosion and
sediment resulting om land-disturbir. activity.
Notice of the right to inspect sh- be inc •ded in the letter of approval of each Erosion
Control Plan.
(B) Authority to Enter Property a. • Con. . t Investigations and Inspections
(1) No person shall w ully resist, delay, e obstruct an authorized representative,
employee, or -e-nt of Orange County, ••le that person is inspecting or
attempting . inspect a land-disturbing activ under this section.
(2) The E sion Control Officer shall have the powe _. conduct such investigations
as •-emed reasonably necessary to carry out the d 'es as prescribed in this
.rdinance, and for this purpose to enter at reasonable '• es upon any property,
public or private, for the purpose of investigating and inspe 'ng the sites of any
land-disturbing activities.
(3) No person shall refuse entry or access to any authorized represent- 've or agent
of the County who requests entry for purposes of inspection, and who • -sents
appropriate credentials, nor shall any person obstruct, hamper or interfere ith
any such representative while in the process of carrying out their official dutie-
Orange County, North Carolina—Unified Development Ordinance Page 9-8
267
ARTICLE 10: DEFINITIONS
SECTION 10.1: DEFINITIONS
•r the purpose of this Ordinance, certain terms and words are herein defined and interpreted .s follows:
AASHTO
American Association o .te Highway and Transportation Officials.
Accessory Structure
A structure that is located on the same lot a : srin ' structure and houses an accessory use.
Accessory Use
An activity that may or may not b- ' ed in the Permitted Use .: - which is conducted in conjunction
with a permitted principal u -, sut constitutes only an incidental or ins antial part of the total activity
that takes place on th- • and is customary and ancillary to the establishes s cipal use of property.
Accessory uses -- I comply with all setback requirements for the district in which -- use is located. For
example, .• ' -ground swimming pool is required to meet all applicable setbacks inclusi : .ny required
fends. around the physical pool, the concrete walkway around the pool, and any pump or uti i
sociated with the operation of the facility.
Addition
In the context of an existing building or structure, the term means an extension or increase in the floor
area or height.
dult Arcade
An 'lace to which the public is permitted or invited wherein coin-operated or slug-operated or
electro•'cally, electrically, or mechanically controlled still or motion picture machines, project. s, or other
image-pros cing devices are maintained to show images to five or fewer persons per ma ine at any one
time, and wh- - the images so displayed are distinguished or characterized by the de.' ting or describing
of Specified Sex -I Activities or Specified Anatomical Areas.
Adult Bookstore
A bookstore:
(a) Which receives a -'ority of its gross income during any = endar month from the sale or
rental of publications • luding books, magazines, of - periodicals, videotapes, compact
discs, other photographic, -lectronic, magnetic, di.. .I, or other imaging medium)which are
distinguished or characterizes sy their emphasi •in matter depicting, describing, or relating
to Specified Sexual Activities or secified A . omical Areas, as defined in this article; or
(b) Having as a preponderance (either i -rr of the weight and importance of the material or in
terms of greater volume of materials) . publications (including books, magazines, other
periodicals, videotapes, compact s':cs, oth- shotographic, electronic, magnetic, digital, or
other imaging medium)which . - distinguishes •r characterized by their emphasis on matter
depicting, describing, or rel. ' g to Specified Sexu. Activities or Specified Anatomical Areas.
Adult Cabaret
A nightclub, bar, restaurant, th--ter, concert hall, auditorium or similar co ercial establishment that for
at least ten percent of its b :iness hours in any day features:
(a) Persons o expose a Specified Anatomical Area; or
(b) Live -rformances that are characterized by the exposure of Specified Anat. ical Areas or
b pecified Sexual Activities; or
( Films, motion pictures, video cassettes, slides, or other photographic reproductions •at are
characterized by the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas; or
Article 10: Definitifflp
Section 10.1: Definitions
•ricultural Services
Co ercial activities offering goods and services which support production of agricul .ral products or
proces ' g of those products to make them marketable. Examples include, but ar: ot limited to, soil
preparatio , animal and farm management, landscaping and horticultural servi -s, specialized
commercial h.•iculture, specialized animal husbandry, biocide services, ret sales of farm/garden
products, supplie .nd equipment, equipment rental and repair service, t- shop, farrier, blacksmith,
welding shops, facili s for animal shows, animal sales and auctions, .griculture-based clubs/meeting
halls, storage of agricul b al supplies and products, and processin• slants for agricultural products
including wineries and canna ies.
Agricultural Water Uses
The use of waters for stock watering, i .•ation and o 'er farm purposes.
Agritourism
A business directly related or incidental to ..ricul . al activities occurring on the bona fide farm on which
it is located and conducted for the enjo ent or educ: ion of the public.
Airport (Heliport: S.T.O.L 'ort), Air Carrier
A public airport served by a c- 'ified air carrier. This includes a runways, land areas or other facilities
designed or used for landi►•, taking off, processing passengers or -rgo.
Airport, Comm . er Service (Heliport: S.T.O.L. Port)
A public airport ot served by a certified air carrier, but is served by one or mo - commuter airlines which
enplaned 250. or more passengers in the preceding calendar year.
Airp• t, General Aviation (Heliport: S.T.O.L. Port)
A • slic airport serving aviation other than airlines. This includes any runway, land area, or • er facility
•esigned or used for the landing and taking off of small aircraft.
Alteration of a watercourse
Means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change
in cross-sectional area of the channel or the channel capacity, or any other form of modification which
may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during
conditions of the base flood.46
Ancho '• •
The fastening o obile home to its mobile home stand in order to prevent upset • :.mage due to
wind, erosion, flooding, . - er natural forces.
Appeal
A request from a review of an administrative in = :-".tion of any provision of this Ordinance by the Board
of Adjustment.
Applicator
Any per ••, rm, corporation, wholesaler, retailer, distributor, any local, state or fe•= - •overnmental
- cy, or any other person who applies fertilizer to the land of a consumer, or client, or to :s. they own,
or to land they lease or otherwise hold rights.
Area of Shallow Flooding
A designated Zone AO on a community's Flood Insurance Rate Map (FIRM)with base flood depths
determined to be from one (1) to three (3) feet. These areas are located where a clearly defined channel
46 Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance
prepared by FEMA.
Orange County, North Carolina—Unified Development Ordinance Page 10-3
Article 10: Definitions
Section 10.1: Definitit
does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow
may be evident.47
Area of special flood hazard
See"Special Flood Hazard Area (SFHA)Overlay District"
Area of Future-Conditions Flood Hazard
The land area that would be inundated by the 1-percent-annual-chance (100-year) flood based on future-
conditions#yd-r-eloyhydrology.48
embly/Packaging Operation
Assem• -nd packaging of merchandise for distribution by mail or carrier.
Auditorium
A place of assembly to wa _nd/or to hear athletic events, musical .-•• mances, dramatic or dance
performances, speeches and/or c- -monies. The term is inten.-. o include such uses as stadiums,
coliseums, athletic centers, theaters an. = enas.
Bed and Breakfast Inn
See"Rural Guest Establishmen ."
Base flood
The floo. -_ving a 1% chance of being equaled or exceeded in any given year. 's often referred to as
.- 00-year flood.
Base flood elevation (BFE)
A determination of the water surface elevations of the base flood as published in the Flood Insurance
Study e •- . - _ __- - - _• _ •- __ - e ed. When the BFE has not been provided in a
"Special flood Hazard Area" ( ee definition` it may be obtained from engineering studies available from a
Federal, State, or other source using FEMA approved engineering methodologies. This elevation, when
combined with the "Freeboard" (see definition) establishes the "Regulatory Flood Protection"(see
definition) elevation.
Basement
An -rea of the building having its floor sub grade (below ground level) on all sides.
Best Maria. - ent Practices (BMPs)
A structural or non-s . ural management-based practice used singularly • combination to reduce
non-point source pollution -ceiving waters in order to achieve wat- suality protection goals. (See
also, Detention Pond and Engin-- -d Stormwater Controls) (U. -ss otherwise specified, "BMP", when
used in this Ordinance, refers to struc - BMPs.)
Biosolids
Solid, semi-solid, or liquid residue(sew-*- sludge) gene _ -d during primary, secondary or advanced
wastewater treatment processes • •omestic sewage that is tre- -d to state and/or federal standards for
beneficial use (such as Ian. ,.plication as fertilizer).
Buffer
A screen..: .evice used to moderate the adverse impacts of one land use upon anothe . :uffers may
incl -- walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the -..ve.
4'Adding a new definition to ensure consistency with the 2017 model flood damage prevention ordinance
prepared by FEMA
48 The 2017 revised model flood ordinance identifies this definition as being options for adoption by local
communities. Staff is recommending we incorporate same into the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 10-4
Article 10: Definitippp
Section 10.1: Definitions
ountry Store
An -nclosed market not exceeding 1500 square feet in size for the retail sales of a variety of
mer andise, which must include locally produced products. For the purpose of this definit .n, "local"
means *range County and counties that share a border with Orange County.
County
Orange Cou Government.
Custodial Ca
A form of care that i primarily for the purpose of assisting a person in the a. ivities of daily living or in
meeting personal rather than medical needs, which is not intended to prove specific therapy as the
result of an illness or ink.ry and does not constitute skilled care. The ter' shall refer to personal care that
does not require the conti'uing attention or supervision of trained, mer cal, or paramedical personnel.
Cutoff Fixture
An outdoor lighting fixture shiel.:d or constructed in such a mar er that no more 2.5% of the total light
emitted by the fixture is projected :save the horizontal plane . the fixture.
Day Care
Any child care arrangement under which . child less th..n 13 years of age receives care away from his
own home by persons other than his pare , grandp.rents, aunts, uncles, brothers and sisters who are
not minors, guardians or full time custodians.
Day Care Facility
Any day care center or child care arrangeme• that .rovides day care for more than five children, not
including the operator's school age childre , under the age of 13, on a regular basis of at least once per
week for more than four hours but less t :n 24 hours p:r day, and those operating fewer than four hours
per day that provide care for more chili en per adult care giver than would be permitted in an AA State
licensed center, regardless of the ti - of day and regardle . of whether the same children attend
regularly.
The following facilities are not in ded:
a) Public schools;
b) Non-public schools ether or not accredited by the State L'epartment of Public Instruction,
which regularly an. exclusively provide a course of grade sc' .ol instruction to children who are of
public school age,
c) Summer camps having children in full-time residence;
d) Bible school conducted for no more than three weeks during vaca on periods; and
e) Cooperativ- arrangements among parents who care only for their o , children in an arrangement
as a mat -r of convenience rather than to enable any participating pare,t to be employed.
Day Care 'ome, Large
A Day Car- Facility located on a public state-maintained road, which provides day ca : for more than five
but fewe'than 16 children, within a residence.
Des cation
A 2 ift, by the owner, of land for a specified purpose, or purposes. Because a transfer of prope, is
-ntailed, dedication must be made by written instrument and is completed with an acceptance.
Design Flood
See"Regulatory Flood Protection Elevation."
Designated Public Sewer Service Area
An area located within Orange County's Primary Service Area in the Water and Sewer Management,
Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served
by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid,
or similar device, for construction of public sewer facilities).
Orange County, North Carolina—Unified Development Ordinance Page 10-9
Article 10: Definitions
Section 10.1: Definitis
V - tion Pond
A enginee -: tormwater control consisting of a pond constructed and maintained in accor•- - e with
Appendix A of this ; ••nance, which allows for pollutants to settle and provides for •- gradual release of
the impounded water. The .; -ntion pond is the Best Management Practi - ich must be used within
protected watersheds when engine- -. stormwater controls are re. . -d. (See also, Best Management
Practices and Engineered Stormwater Con .
Development
Any constructed change to impr. --. or unimproved real estate, inclu..- but not limited to, buildings or
other structures, mining e—.ging, filling, grading, paving, excavation or drilling z•-rations, or storage of
equipment or - - als. Also includes any land-disturbing activity which adds to or c - ---s the amount
of impel' is or partially impervious cover on a land area or which otherwise decreases the in - ion of
• - ipitation into the soil.
Development Activity
In the context of property encumbered by Special Flood Hazard Area this term includes any activity
defined as Development which will necessitate a Floodplain Development Permit. This includes
buildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, pools,
docks, landings, ramps, and erosion control/stabilization measures.
D- elopment, Existing
In the •ntext of Stormwater provisions of this Ordinance for projects that do not require a State .- mit,
shall be de .■ed as those projects that are built, or those projects that at a minimum have e :.fished a
vested right un•-r North Carolina zoning law as of the effective date of Orange Count ater Supply
Watershed Protec i.• Ordinance, or such earlier time that other Orange County • . nances shall specify,
based on at least one o e following criteria:
a) Substantial expen. . es of resources (time, labor, money) ba -. on a good faith reliance upon
having received a valid o ange County approval to proce-. with the project, or
b) Having an outstanding buil. ': permit in complianc- ,vith G.S. 153A-344.1 or G.S. 160A-385.1,
or
c) Having an approved site specific or ••-s •evelopment plan in compliance with G.S. 153A-
344.1 or G.S. 160A-385.1.
For projects that require a State per , uch as landfi NPDES wastewater discharges, land application
of residuals, and road constructs.• activities, existing deve .•ment shall be defined as those projects that
are built or those projects f. hich a State permit was issued • ••r to August 3, 1992.
Developme ntensity Definitions
(See Non- - idential Land Area, Non-residential Floor Area, Residential Floo rea, Floor Area Ratio,
Ope :pace, Open Space Ratio, Livability Space, Livability Space Ratio, Recrea Space, Recreation
'ace Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.)
Digital Flood Insurance Rate Map (DFIRM)
The digital official map of a community, issued by the Federal Emergency Management Agency (FEMA),
on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community
are delineated.
- Light
Light emit -• , ectly from the lamp, off of the reflector diffuser, or through the refractor or •. -r lens, of
a luminaire.
Discharge
The addition of any human-induced effluent ei =. -c y or indirectly to state surface waters.
Discharge, Domestic ► - ewater
Sewage, unproc- _-• industrial wastewater, other domestic wastewater, • _' combination of these
items. I•--- is wastewater includes, but is not limited to, liquid waste generated :' ,gmestic water
g fixtures and appliances, from any residence, place of business, or place public ass- bly, even if
Orange County, North Carolina—Unified Development Ordinance Page 10-10
Article 10: Definitis
Section 10.1: Definitions
it co z.4 no sewage. Examples of domestic wastewater include once-through non-contact cooli
water, seafo.. •.cking facility discharges, and wastewater from restaurants.
Discharge, Industrial
The discharge of industrial process tre. -, wastewater or w.- -1 ater other than sewage. Stormwater
shall not be considered to be an industrial was . - on ess it is contaminated with industrial
wastewater. Industrial discharge includes:
a) Wastewater resulting fro.. . process of industry or .• acture, or from the development of
any natural res. --
b) Waste, - - resulting from processes of trade or business, including w. - ater from
.ndromats and car washes, but not wastewater from restaurants; or
c) Wastewater discharged from a municipal wastewater treatment plant requiring a pretre. -nt
program.
Disposal, Solid-Waste
The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any
land or water so that the solid waste or any constituent part of the solid waste may enter the environment
or be emitted into the air or discharged into any waters, including groundwater.
isposal, Waste
T' - use of waters for disposal of sewage, industrial waste or other waste after approved treatme .
Ditch
A construc -d channel, other than a modified natural stream constructed for drainage pu .oses, that is
typically dug • ough inter-stream divided areas. A ditch or canal may have flows that -re perennial,
intermittent, ore. emeral and may exhibit hydrological and biological characteristi similar to perennial
or intermittent stre.• s.
Dwelling, Multi-Fa
A building or lot containing t ee or more dwelling units.
Dwelling, Single Family
A detached building containing one . elling unit.
Dwelling, Two Family
A detached building containing two dwelling u .ts (du. ex).
Dwelling Unit
A room or group of rooms forming a single i oependen abitable unit with facilities used or intended to
be used for living, sleeping, cooking and ing by one fa •.ly; for owner occupancy or for rental, lease or
other occupancy on a weekly or longer oasis, and containin. .ndependent cooking, sanitary and sleeping
facilities. Units otherwise meeting t • definition but occupied . transients on a rental or lease basis for
periods of less than one week sh. be construed to be lodging un.. .
Mobile Homes and modular un.• are to be considered dwelling units nder this definition.
EA
An Environmental As -ssment.
EA, Comple •d
An Environm= tal Assessment that has been accepted by the Orange County Plannin• Department as
technically acceptable for purposes of this Ordinance.
EIS
A• nvironmental Impact Statement.
Orange County, North Carolina—Unified Development Ordinance Page 10-11
Article 10: Definitions
Section 10.1: Definitis3
Completed
An E • onmental Impact Statement that has been accepted by the Orange County Planning D=.artment
as techni -lly acceptable for the purpose of being transmitted to the State Clearinghouse o or being
reviewed for ..equacy by the Orange County Planning Department.
Easement
A grant of rights by a pro.-rty owner to another individual, group or gover • ental unit to make limited
use of a portion of real prop-• for a specified purpose.
Economic Development Ac ity Node
Land in Transition areas of the County •ich has been sp= ifically targeted for economic development
activity consisting of light industrial, distribu '•n, flex s.-ce, office, and service/retail uses. Such areas are
located adjacent to interstate and major arteria •i; ays, and subject to special design criteria and
performance standards. Flex space typically i • us:: one-story buildings designed, constructed, and
marketed as suitable for use as offices bu :.le to acc.• modate other uses; e.g., warehouse, showroom,
manufacturing assembly or similar op- - ions.
Efficiency Apartment
An additional dwelling uni -ccessory to a single family residence me- • g the development criteria
outlined within this Ore* ance.
Elevated = •ilding
A non-b. .-ment building, which has its reference level raised above ground level by •undation walls,
shea ' alls, posts, piers, pilings, or columns with openings sufficient to facilitate automa equalization of
rostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the u '• peded
movement of floodwaters.
Encroachment
The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into
a floodplain, which may impede ore alter the flow capacity of a floodplain.49
•ineered (or Structural) Stormwater Controls
A struc . al Best Management Practice (BMP) used to reduce non-point source pollution to rec Ping
waters in o .-r to achieve water quality protection goals. (See also Best Management Pr- 'ces and
Detention Pon. Unless otherwise specified, "BMP", when used in this Ordinance, re - s to structural
BMPs.)
Environmental Docum- •
An EA, EIS, or FONSI, or all of the
Environmentally Sensitive Areas
Land which is subject to special natural enviro • ent- onditions such as flooding that present significant
constraints to built development.
Equestrian Center
A facility designed and inter.-d for the display of equestrian skills and - hosting of events including, but
not limited to, showju •• ng, dressage, rodeos, general horse/mule shows, .•d similar equestrian
disciplines. Event ay be larger scale, such as horse shows expected to gener- - more than 80 traffic
trips per day, d may be held more frequently than once per month. A commercial a.le may be
included ' the site.
-xisting Construction
49 Correcting for a grammatical error in a definition related to our flood management program.
Orange County, North Carolina—Unified Development Ordinance Page 10-12
Article 10: Definitipm
Section 10.1: Definitions
Flood Boundary and Floodway Map (FBFM)
An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the
floodways are delineated. This official map is a supplement to and shall be used in conjunction with the
Flood Insurance Rate Map (FIRM).
Flood Hazard Boundary Map (FHBM)
An official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard
Areas have been defined as Zone A.
Flood Insurance
The insurance coverage provided under the National Flood Insurance Program (NFIP).
Flood Insurance Rate Map (FIRM)
An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas
and the risk premium zones applicable to the county are delineated. This includes DFIRM. These eas
within the official Zoning Atlas for Orange County - -- -e--.- --_ -- - e A --
Overlay District.
ood Insurance Study (FIS)
An e -mination, evaluation, and determination of flood hazard, corresponding water surface = -vations (if
appropri_ -), flood insurance risk zones, and other flood data in Orange County issued b ' MA. The
FIS report c••tains corresponding flood profiles, as well as FIRMs.
Flood Lamp
See Outdoor Lighting, F ..d Lamp.
Floodlight
See Outdoor Lighting, Floodlight.
Floodplain or Flood Prone Area
Any land area susceptible to being inundated by -(er from any source and is interchangeable terms.
Floodplain Administrator
The individual appointed to administe :nd enforce the floodpla • management regulations.
Floodplain Developme• 'ermit
A document required for .• disturbance within a mapped special flood haz- e area prior to the
commencement of an :evelopment activity.
Floodplain anagement
The oper- '•n of an overall program of corrective and preventive measures for reducing floo• •amage
and pr- erving and enhancing, where possible, natural resources in the floodplain, including bu •it
li -d to emergency preparedness plans, flood control works, floodplain management regulations, . ••
•pen space plans.
Floodplain Management Regulations
This Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances,
and other applications of police power, which control development in flood-prone areas. This term
describes federal, state or local regulations in any combination thereof, which provide standards for
preventing and reducing flood loss and damage.
Flood Proo ing
Any combination of structural and nonstructura au•' • -- • a•justments to structures, which
reduce or eliminate risk of ••• --- • • rea estate or improved real prop- _ -•• anitation
- ' ' - , • c ures with their contents.
Orange County, North Carolina—Unified Development Ordinance Page 10-15
Article 10: Definitions
Section 10.1: Definitics�
Flood-resistant material
Any building product, material, component or system, capable of withstanding direct and prolonged
contact(minimum 72 hours)with floodwaters without sustaining damage that requires more than low-cost
cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including
normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-
resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict
evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable.
Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer
to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from the FEMA.
Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.
Plooawd
The channel of a river or other wa er •• - - and areas that must be reserved in order to
discharge the base ••• • -•s umulatively increasing the wa - • -:-= - - . ion more than one foot.
- may also be referred to as "regulatory floodway."
Floodway encroachment analysis
An engineering analysis of the impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina
licensed engineer using standard engineering methods and models.
lood Zone
A •-ographical area shown on a Flood Insurance Rate Map that reflects the severity or type of flo•.ing in
the ar_..
Floor
•
See"Lowest Fl••r".
Floor Area Ratio
Floor Area Ratio (FAR) is . e maximum floor area permitted for each squar- oot of land area.
Footcandle
See Outdoor Lighting, Foot-candle.
Forest Plantation
An area of planted trees that may be conifers sines) or rdwoods. On a plantation, the intended crop
trees are planted rather than naturally regenera _s fr• seed on the site, coppice (sprouting), or seed
that is blown or carried into the site.
Forest Vegetation
The plants of an area which grow toget - in disturbed or un•. turbed conditions in various wooded plant
communities in any combination or tr:-s, saplings, shrubs, vine , and herbaceous plants. This includes
mature and successional forests .: well as cutover stands.
Fraternity, Sorority H. se
A building occupied by -•d maintained exclusively for college or university s •cents who are affiliated with
a social, honorary or . ofessional organization and which is recognized by the c• ege, university or other
institution of highe earning.
Freeboar,;
Height a!Sed to the Base Flood Elevation (BFE) to account for the many unknown factors th. could
contr.0 to to flood elevations.
rontage, Building
Orange County, North Carolina—Unified Development Ordinance Page 10-16
Article 10: Definitis
Section 10.1: Definitions
and Area Measurement Definitions
(S-- Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Ope .pace
Rear
Land-Di urbing Activity
Any use of th- and that results in a change in the natural cover or topography that m.• cause or
contribute to se. entation.
Landfill
A site within which is de..sited solid waste material, including trash, constr tion debris, stumps,
branches and limbs, garba.- and industrial waste.
Landfill, Discharging
A landfill facility with liners, monitors'• equipment and other mea res to detect and/or prevent leachate
from entering the environment and in • ich the leachate is tre. ed on site and discharged to a receiving
stream. Discharging landfills require a :tional Pollution S : em (NPDES) Permit from the North
Carolina Division of Water Quality.
Land Use Intensity Definitions
(See Non-residential Land Area, Non-residential . .3r Area, Residential Floor Area, Floor Area Ratio,
Open Space, Open Space Ratio, Livability Sp.,e, Livability Space Ratio, Floor Area Ratio, Open Space,
Open Space Ratio, Recreation Space, Recr: tion Space 'atio, Pedestrian/Landscaped Space,
Pedestrian/Landscaped Space Ratio.)
Land Use Permit
A zoning permit, subdivision appr. al, building permit, site plan, sp-. ial use permit, or conditional use
permit.
Land Use Plan
A set of documents an. maps that categorize existing patterns of land develop lent and set guidelines for
the desirable intensi , density, quantity, type, location and timing of future devel.'ment based upon the
goals and policies .et forth in the Plan. The Land Use Plan can be found in the Lan. Use Element of the
Comprehensive 'Ian.
Length ' Wall
The hor. ontal distance from corner to corner. Where walls in continuous general frontage (as the case
of at .ched dwellings) are off-set by angles or setbacks of six feet or more, the length of each se. ent so
se .ff shall be measured separately in establishing pertinent yard depth. Length of the wall of a cir lar
6 ilding shall be construed as the diameter of the building.
Letter of Map Change (LOMC)
An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map
or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an effective National
Flood Insurance Program map. A LOMA is based on technical data showing that a property
had been inadvertently mapped as being in the floodplain, but is actually on natural high
ground above the base flood elevation. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that a specific property, portion of a property, or
structure is not located in a special flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may show changes
to flood zones, flood elevations, special flood hazard area boundaries and floodway
delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of
land has been elevated by fill above the BFE and is, therefore, no longer located within the
special flood hazard area. In order to qualify for this determination, the fill must have been
permitted and placed in accordance with the community's floodplain management
Orange County, North Carolina—Unified Development Ordinance Page 10-21
Article 10: Definitions
Section 10.1: DefinitiW
regulations.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a
proposed project complies with the minimum NFIP requirements for such projects with
respect to delineation of special flood hazard areas. A CLOMR does not revise the effective
Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of
certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise
the effective FIRM.
Level of Service
A . alitative measure that describes the operational conditions or a road or intersection, as define• by
the ';hway Capacity Manual. The various service levels are defined by a range from A to F, wi A
repres- ting free flow traffic conditions and F representing stop-and-go traffic.
Light, Fla ,hing
A light that intt mittently flashes on and off.
Light Source
The point of origin ill i ination emanates; usually a lamp. Please refer to the def. ition of Outdoor
Lighting, Lamp for adds '.nal information.
Light Trespass
Intrusion of direct light project-. from one property or roadway onto an. er property or roadway.
Livability Space
Livability space is part of total open s.-ce appropriately improve• and located as outdoor living space for
residents and for aesthetic appeal. Su spaces include lawn and other landscaped areas, walkways,
paved terraces and sitting areas, outdoor ecreational areas .nd landscaped portions of street rights-of-
way. Such space shall not be used for vehi. es, except fo ncidental service, maintenance or emergency
action.
Livability Space Ratio
Livability space ratio is the minimum square foota2e .f non-vehicular outdoor space required for each
square foot of land area in residential develop '•nt. It . open space used for people, planting and visual
appeal and does not include vehicular parkin! and acces areas.
Lodgings
Living quarters which do not contain in.ependent kitchen faciliti--, provided, however, that dwelling units
occupied by transients on a rental or ease basis for periods of les- than one week shall be considered
lodging units even though they co ain independent kitchen facilities.
Lodging Unit
A room or rooms connecte. ogether, constituting a separate lodging for on family only, physically
separated from any other ooms or dwelling or lodging units. Where two or more rooms are connected by
a doorway or doorways and arranged, equipped and furnished in such a mann- that they might
reasonably be rente. eased or occupied, either individually or in combination, ea.h room shall be
construed as a lod;'ng unit.
Logo
An establis •.d identifying symbol or mark associated with a business or business entity.
Lot
Land sounded by lines established for the purpose of property division. The term includes water . eas
incl.ded in the property so enclosed. As used in this Ordinance, unless the context indicates othe e,
t - term refers to a zoning lot. (See Lot, Zoning).
Orange County, North Carolina—Unified Development Ordinance Page 10-22
Article 10: Definitips
Section 10.1: Definitions
Mean-sea-level
• ee .- . -•*-- a n ••
corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical
Mood Elevations shown on a Flood Insurance Rate Map (FIRM) are referenced. Refer to each FIRM
eat Processing Facility, Community
A mailer scale facility where livestock or wildlife is slaughtered, processed, and packaged for pe' onal
con umption and/or wholesale or retail sale. The livestock must be raised on the subject farm . d from 1
to 4 o er cooperative farm partners.
Meat Pr• cessing Facility, Regional
A larger sca - facility where livestock is slaughtered, processed, and prepared for distr.eution for
wholesale or retail sale.
Metal Fabricat •n Shop
A facility that is enga..'ed in the shaping of metal and similar materials for wholesale or retail sale.
Microbrewery, pro. . ction only
A facility that produces less han 15,000 barrels per year of craft malt b: erages for wholesale or retail
sale and consumption off the a remises. Shall be considered a bona fi•e farming use if located on a farm
and using primarily crops prod .ed on-site.
Microbrewery with Minor E -nts
A facility that produces less than 15,066 barrels per year of c :ft malt beverages for consumption on-or
off-site with limited hours for tours of the acility and tasting- of the products produced on-site, and small
periodic events that are expected to attrac fewer than 150 people to the site. Food services may be
permitted under the conditional zoning or special use p•rmit approval.
Microbrewery with Major Events
A facility that produces less than 15,000 barrels •- ear of craft malt beverages for consumption on-or
off-site with tours of the facility, tastings of the • odu s produced on-site, and periodic events that are
expected to attract more than 150 people to e site. Feed services may be permitted under the
conditional zoning or special use permit approval.
Mobile Home
A dwelling unit that:
a) Is not constructed in accordance with the standards of th- orth Carolina Uniform Residential
Building for One-and T .-Family Dwellings;
b) Is composed of one or ore components, each of which is su.stantially assembled in a
manufacturing plant end designed to be transported to the hom_ site on its own chassis for
placement on a te• porary or semi-permanent foundation when c• nected to the required utilities,
and includes th- •lumbing, heating, air conditioning and electrical s tems contained therein; and
c) Exceeds eigh eet in body width and 32 feet in body length.
d) Is not certifi:: by the Secretary of the Department of Housing and Urba Development.
Mobile home shal also mean a double-wide mobile home.
Mobile Ho r e, Accessory
A subordin- e structure, the use of which is customarily incidental to the permitted use o e principal
buildings. Accessory uses include, but are not limited to:
a) torage unit,
b Office, and
Classroom facility.
T e mobile home, as an accessory structure, must not create non-conforming yards or setbacks. e
nstallation of a mobile home, as an accessory structure, is exempt from the requirements set forth he -in.
Orange County, North Carolina—Unified Development Ordinance Page 10-29
Article 10: Definitions
Section 10.1: DefinitiO
• t Assets
The e. ity value of real property such as land, buildings, Certificates of Deposit, Checking and Savir.
accounts, ••ney market accounts, stocks, bonds, cash, IRA of KEOUGH accounts, gold or pre '•us
metals, and b • ess equipment. Family or personal assets such as furniture, automobiles eelchairs
or other special egfl'•ment, household goods, boats and recreational vehicles are not•• uded.
New construction
Structures for which the "start of struction" commenced on or after - ch 16, 1981, and includes any
subsequent improvements to such st • tures.
Night Club, Bar, or Pub
An establishment that allows food, alcoholic drink a , or entertainment.
Non-Conformance
Non-conformities are:
a) Lots;
b) Uses of land withou ructures or with minor structures only;
c) Uses of major ctures and premises;
d) Characteri • s of Use; and
e) Struct -s
which w- - lawful but would be prohibited, regulated or restricted by the enactment of this Or ance or a
sub -fluent amendment thereto. Non-conformity may also be created by lawful public taking or a 'ons
rsuant to a court order and have the same effect as violations of this Ordinance, if undertaken priva : .
Non-Conversion Agreement:
A document stating that the owner will not convert or alter what has been constructed and approved.
Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same
enforcement procedures and penalties. The agreement must be filed with the recorded deed for the
property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has
been completed.
z. -Encroachment area
The c .nnel of a river or other watercourse and the adjacent land areas that must be reserved i order to
discharge •e base flood without cumulatively increasing the water surface elevation more t - one foot
as designate. ' the Flood Insurance Study report.
Non-Point Sourc- 'ollution
Pollution which enters wat- mainly as a result of precipitation and subsea dent run-off from lands which
have been disturbed by man's : tivities and includes all sources of w. - pollution which are not required
to have a state or local or state pe -.it for discharge into a stream.
Non-Profit Educational Cooperate, -
An organization operated on a non-profit basis .■os: •urpose is to acquire, produce and distribute
instructional materials for the benefit of its mem.- titutions. Membership is comprised primarily of
fully accredited schools of health, education :•cial, leg. environmental and/or engineering sciences in
institutions of higher learning (universiti-., colleges and tec qical institutes). On-site faculty development
workshops and fellowship training p ..rams may also be provi•:• as part of the organization's purpose.
Non-Residential Dev= •pment
Development of any I-•. use which is not residential in nature, including us- such as churches)which
are allowed in resi•-ntial zoning districts.
Non-R- = dential Floor Area - Inclusions and Exclusions
The . of areas for non-residential use on all floors of the building measured from the outsi•- faces of
•- exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches -•d
Orange County, North Carolina—Unified Development Ordinance Page 10-31
Article 10: Definitims
Section 10.1: Definitions
eet in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the p.olio and where the offer for dedication has not been accepted.
Recreatio pace
Exterior area app .riately improved for common recreational use. Part of total an• vability open space.
Recreation Space ' - io
Recreation space ratio is the imum square footage of open space '• residential areas, suitable by
location, size, shape, access an• •rovements, required for eac quare foot of gross land area. This
area is a public or private exterior are- 'mproved for recreatio • all residents, having a least dimension
of 50 feet, and average dimension of 101 -et and a mini . area of 10,000 square feet.
Recreation Vehicle (RV)
A self-propelled or towed vehicle, qualified to .- licen :i by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less . en measured . the largest horizontal projection, providing
short term recreational living accom .rations, designed prim: .ly not for use as a permanent dwelling,
but as temporary living quarters -., for 180 days or less) for rec _-tional, camping, travel, or seasonal
use.
Recreational Fa ' ities
A use of propert occurring indoors and/or outdoors providing recreational ameni = , activities, or
services for ampensation. Activities shall include, but not be limited to: sports playe• •in a court,
amuse - t arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool hal , .aintball, rope
clim. g or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobe .nd yoga
adios, athletic facilities, and gymnasiums.
Reference level
The portion of a struottr- - - _-.- -e••-• - - _ e- _e-- _ -e _ •- --_I _ ___ protection
clevation to do .rm n°-r-eguiatory compliance. For structures within S e- ___ - _
designated as Zone AE, the reference-level is the top of the lowest floor. The bottom of the lowest
horizontal structure member of the lowest floor for structures within all Special Flood Hazard Areas. 50
Regulatory flood protection elevation
The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas
where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation
plus two feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this
elevation shall be at two feet above the highest adjacent grade. Regulatory flood protection elevation is
interchangeable with "design floods".
Rehabs i . - - acility
A facility licensed by the appropria e s - - ::_• -_ _ - • --: - - as ity for individuals who are
handicapped, aged, disc. -• _. - • • enners, addicte. o . • -: e • is requiring professional
h-= - -- -, -.0 supervision, or rehabilitation.
Remedy a violation
To bring the structure or other development into compliance with State and Orange County laws and
regulations. In terms of compliance with Orange County floodplain management regulations, the term
shall also include reduction of the impacts of a development's noncompliance including protecting the
structure or other affected development from flood damages, implementing the enforcement provisions of
the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with
regard to the structure or other development.
Repetitive loss
5o Staff is proposing to modify the existing definition to be consistent with the revised 2017 model flood ordinance
prepared by FEMA.
Orange County, North Carolina—Unified Development Ordinance Page 10-36
Article 10: Definitions
Section 10.1: Definiti&
• ; 'al Event
A commerc'. _ tivity attracting at least 20 people at any given time, that typically do-_ -. involve
permanent structure , :•. does not occur more frequently than seven da - . 0-day period or more
than 50 days per year. Exam. - • special events are craft s.• , small festivals, concerts, medical or
veterinary clinics, and sites operated by .. '.esse -•:.ged in hosting outdoor social events such as
picnics or receptions sponsored by a res -- - o -rer.
Activities which are not inclu•-• ' is definition include:
a) Events of. onal or non-profit, nature such as family reu and church activities;
b - -related or rural events such as horse shows, 4-H events and auc • and
c) Fund-raising events for non-profit organizations.
Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as
determined in Section 43.1 1.1.3 of this Ordinance, as defined by the base flood elevation. The-mapped
_ _ _ ._ •' • - - - - - - -- - •- _•e_ - - - - - - e-• - • --- - ---- - • 51
ecial-Purpose Unit of Government
Any •.ecial district or public authority.
Special ■ e
A use which •uld not be appropriate generally throughout the zoning district or without :•ecial study, but
which, if controll-• as to number, area, location or relation to neighborhood, would be appropriate. Such
uses which are liste. as Special Uses in the Permitted Use Table, Section 5.2, ma, •e installed and
operated only after ap. oval by the Board of Commissioners or by the Board of djustment, as
appropriate, subject to th_ seneral and specific standards.
Specified Anatomical A : .s
(a) Less than completely - d opaquely covered human: (i) genitals, pubic region, (ii) buttocks, or
(iii) breast below a point • mediately above the top •• he areola; or
(b) Human male genitals in a di .ernibly turgid state -ven if completely and opaquely covered.
Specified Sexual Activities
(a) Human genitals in a state of sexual sti • . ation or arousal;
(b) Acts of human masturbation, sexual ' er 'urse or sodomy; or
(c) Fondling or other erotic touching if human g: itals, pubic regions, buttocks or breasts.
Start of Construction
Includes substantial improvement, . d means the date the building •ermit was issued, provided the
actual start of construction, rep'', reconstruction, rehabilitation, adds '•n placement, or other
improvement was within 180 •.ys of the permit date. The actual start -ans either the first placement of
permanent construction of . structure (including a manufactured home) on - site, such as the pouring of
slabs or footings, install.. ion of piles, construction of columns, or any work be.•nd the stage of
excavation; or the pl. ement of a manufactured home on a foundation. Ferman: t construction does not
include land prep. .tion, such as clearing, grading, and filling; nor does it include t' - installation of
streets and/or .Ikways; nor does it include excavation for a basement, footings, pier , or foundations or
the erection temporary forms; nor does it include the installation on the property of acc: sory buildings,
such as •:rages or sheds not occupied as dwelling units or not part of the main structure. •••r a
subst.• ial improvement, the actual start of construction means the first alteration of any wall, •-iling,
floo , or other structural part of the building, whether or not that alteration affects the external dim_ sions
• he building.
51 As we are recommending elimination of the overlay district,there is no need to maintain a definition of same.
Orange County, North Carolina—Unified Development Ordinance Page 10-53
Article 10: Definitims
Section 10.1: Definitions
II divisions of a tract or parcel of land into two or more lots, building sites or other divisions fo he
p• pose of sale or building development (whether immediate or future) and includes all divis.•n of land
inv. ving the dedication of a new street or a change in existing streets.
Subdi •sion, Exempt
a) T - combination or recombination of portions of previously subdivided an. ecorded lots if the
tota umber of lots is not increased and the resultant lots are equal to o exceed the standards of
the C. nty, including private road justification standards, as detailed hin this Ordinance.
b) The divi-on of land into parcels greater than 10 acres if no street ri• t-of-way dedication is
involved.
c) The public a•.uisition by purchase of strips of land for widenin• or opening streets.
d) The division o' - tract in single ownership of the entire area o which is no greater than two acres
into not more th-• three lots, if no street right-of-way dedic•, ion is involved and if the resultant
lots are equal to o -xceed the standards of the County . shown by its subdivision regulations.
Subdivision, Major
Any division of land that is not cla• ified as an Exempt or 'I inor subdivision.
Subdivision, Minor
A division of a tract of land that does no .
a) Create more than five lots for con -ntio►-1 design options, or more than 12 lots for flexible
development, including the residual :• eage, from any one tract of land in any 24 month period;
b) Dedicate or improve any new publi st -et other than widening an existing public street;
c) Extend public water and/or sanit- sew= age systems other than laterals to serve individual lots;
d) Necessitate the installation of . ainage ims ovements which would require easements through
one or more lots to serve of -r lots; and
e) At the option of the applic- t, involve vesting o the subdivision for a period greater than one
year.
Substantial damage
Damage of any origin su ained by a structure during any one y:ar period whereby the cost of restoring
the structure to its befo•--damaged condition would equal or exce:d 50% of the market value of the
structure before the ..mage occurred. See definition of"substantia .mprovement." Substantial damage
also means flood-r•• ated damage sustained by a structure on two sep:rate occasions during a ten-year
period for which e cost of repairs at the time of each such flood event, •in the average, equals or
exceeds 25% •f the market value of the structure before the damage occ ed.
Substa' tial improvement
Any co, bination of repairs, reconstruction, rehabilitation, addition, or other impro ement of a structure,
taki • place during any one year period whereby the cost of which equals or exceeds 50% of the market
va e of the structure before the start of construction of the improvement. This term I'cludes structures,
ich have incurred substantial damage, regardless of the actual repair work performee.
The term does not, however, include either:
a) aAny correction of existing violations of State or Orange County health, sanitary, or safety code
specifications which have been identified by the Orange County code enforcement official and
which are the minimum necessary to assure safe living conditions, or
b) aAny alteration of a historic structure provided that the alteration will not preclude the structure's
continued designation as a historic structure and the alteration is approved by a variance issued
pursuant to this Ordinance.52
. : -
A combination of footers, piers, ca.s .roperly installed, support the mobile
h.'.- k --:- • . ay se installed as a cosmetic feature.
52 Language added to ensure consistency with the 2017 model flood ordinance as prepared by FEMA.
Orange County, North Carolina—Unified Development Ordinance Page 10-57
Article 10: Definition§
Section 10.1: Definitions
A stem of wastewater collection, treatment, and disposal in single or multiple components, incl . ng
groun. .bsorption systems, non-discharge systems, and systems that discharge effluent to t. surface
waters, an. -ny other system as may be permitted by the Orange County Health Depart.•-nt or the State
of North Caroli - (ref. NCGS Article 11, Chapter 130A)
Waterbody, Perenni-
A natural or constructed basin •-t stores surface water permanently - :epths sufficient to preclude
growth of rooted plants, including la-: , ponds, sounds, non-stre-• estuaries, and oceans. For the
purpose of stormwater provision of this • •inance, the water. .y must be part of a natural drainageway
(i.e. connected by surface flow to a stream).
Water-Dependent Structure
Any structure for which the use requires a •-ss to or proximi • o or citing within surface waters to fulfill its
basic purpose, such as boat ramps, b•. ouses, docks and bulk - .ds. Ancillary facilities such as
restaurants, outlets for boat suppl.- , parking lots and commercial boa . orage areas are not water-
dependent structures.
Water Feature
A prominent ase-ct or characteristic of a geographic area that exhibits verifiable evidence • . presence
of water in -e soil. Examples of water features include, but are not limited to, perennial and in - i ittent
strea :, akes, ponds, reservoirs, springs, artesian wells, irrigation wells, marshes or swamps, wetla-•s,
a . natural drainage ditches (non-ephemeral).
Water surface elevation (WSE)
The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.53
tercourse
A lak-, river, creek, stream, wash, channel or other topographic feature on or over which wat- flow at
least per.•ically. Watercourse includes specifically designated areas in which substanti. ood damage
may occur.
Water Supply, • blic
A water supply system •-t serves a city or town located partly or entirely in Orange County that has a
population in excess of 2,566.
Water Supply Watershed (• Protected Watersh- •
Land that drains to existing reservoirs ich are public w- --r supplies or potential reservoir sites or
stream intakes which have been designat-• for protec '.n. All such lands have been classified by the
Environmental Management Commission as v' S-I f S-III or WS-IV watersheds and require protection in
accordance with the State Mandate. (See defi • for"State Mandate").
Water Supply Watershed Criti • Area, Cou Designated
The land area within one-half mile ►•the normal pool elevate.. (or designated elevation) of an existing
Class II water supply reservoir .r the ridgeline of the watershe., hichever is less; and the land area
within one-half mile of the . mal pool elevation (or designated ele :tion) of a proposed water supply
reservoir designated fo •rotection, or the ridgeline of the watershed, ••chever is less; and the area
within one-half mile . streams flowing into Class I reservoirs, as designat- for protection within this
Ordinance.
Water :upply Watershed Critical Area, State Required
Th- -nd area within one-half mile of the normal pool elevation of water supply reservoirs which an
i ake is located (i.e., Class I reservoirs), or the ridgeline of the watershed, whichever is less.
53 As we are not in a coastal area there is no need to reference same in our definition(s)section.
Orange County, North Carolina—Unified Development Ordinance Page 10-65