HomeMy WebLinkAboutOCPB agenda 1204131
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, December 4, 2013
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
3-4
5
INFORMATIONAL ITEMS
a. Planning Calendar for December and January
i. ORC meeting on January 8, 2014 (changes to public
hearing process)
b. 2014 Planning Board Meeting Calendar
3.
6-8
9-16
APPROVAL OF MINUTES
November 6, 2013 ORC Meeting Notes
November 6, 2013 Regular Meeting
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB) to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges to the residents of Orange County its respect. The Board asks
its residents to conduct themselves in a respectful, courteous manner, both with the Board
and with fellow residents. At any time, should any member of the Board or any resident fail
to observe this public charge, the Chair will ask the offending member to leave the meeting
until that individual regains personal control. Should decorum fail to be restored, the Chair
will recess the meeting until such time that a genuine commitment to this public charge is
observed.
6. CHAIR COMMENTS
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No. Page(s) Agenda Item
7. 17-22 PLANNING BOARD ANNUAL REPORT AND WORK PLAN FOR COUNTY
COMMISSIONERS’ ANNUAL PLANNING RETREAT: To review and approve the
input form for the annual BOCC planning retreat in January 2014. The
annual report informs the BOCC of the past year’s activities of advisory
boards/commissions and assists in overall County work planning.
Presenter: Craig Benedict, Planning Director
8. 23-54 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – HOME
OCCUPATIONS: To discuss the issues raised at the November 25
quarterly public hearing on Planning Board- and Planning Director-
initiated amendments to the Unified Development Ordinance (UDO) to
change the existing standards for home occupations, modify and clarify
existing regulations and definitions associated with home occupations,
and allow for the exemption of special events organized or affiliated
with a governmental or non-profit agency and to decide on a course of
action for revisions to the proposed amendments.
Presenter: Ashley Moncado, Special Projects Planner
9. 55-92 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT –
TELECOMMUNICATION FACILITIES: To make a recommendation to the
BOCC on government-initiated amendments to the Unified
Development Ordinance (UDO) to incorporate recent changes in State
law with respect to the review and processing of applications proposing
the development or modification of telecommunication facilities. This
item was heard at the November 25, 2013 quarterly public hearing.
Presenter: Michael Harvey, Current Planning Supervisor
10. 93-115 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – BOARD OF
ADJUSTMENT OPERATION: To make a recommendation to the BOCC on
government-initiated amendments to the Unified Development
Ordinance (UDO) to incorporate recent changes in State law with
respect to items reviewed and acted upon by the Orange County Board
of Adjustment. This item was heard at the November 25, 2013
quarterly public hearing.
Presenter: Michael Harvey, Current Planning Supervisor
11.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
12. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR
PERDITA HOLTZ (919-245-2578).
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BOCC RETREAT
Sun Mon Tue Wed Thu Fri Sat
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Orange County Planning Board
2014 Calendar
DATE TIME LOCATION
January 8, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
February 5, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
February 24, 2014
Quarterly Public Hearing
7:00 PM Department of Social Services, Hillsborough Commons
113 Mayo Street, Hillsborough
March 5, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
April 2, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
May 7, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
May 27, 2014-Tuesday
Quarterly Public Hearing
7:00 PM Department of Social Services, Hillsborough Commons
113 Mayo Street, Hillsborough
June 4, 2014 7:00 PM Conference Room 004, Lower Level West Campus Office
131 W. Margaret Lane, Hillsborough
July 2, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
August 6, 2014 7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
September 3, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
September 8, 2014
Quarterly Public Hearing
7:00 PM Department of Social Services, Hillsborough Commons
113 Mayo Street, Hillsborough
October 1, 2014
7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
November 5, 2014 7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
November 24, 2014
Quarterly Public Hearing
7:00 PM Department of Social Services, Hillsborough Commons
113 Mayo Street, Hillsborough
December 3, 2014 7:00 PM Lower Level Conference Room 004, West Campus Office
131 W. Margaret Lane, Hillsborough
Contact Person: Perdita Holtz (919) 245-2578
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1
SUMMARY NOTES ORANGE COUNTY PLANNING BOARD NOVEMBER 6, 2013
ORDINANCE REVIEW COMMITTEE
NOTE: A quorum is not required for Ordinance Review Committee meetings.
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township
Representative; James Lea, Cedar Grove Township Representative; Paul Guthrie, At-Large, Chapel Hill Township; Tony
Blake, Bingham Township Representative;
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, Special
Projects Coordinator; Ashley Moncado, Special Projects Planner; Tina Love, Administrative Assistant II
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – HOME OCCUPATION
To continue review and comment upon proposed revisions to the UDO regarding Home Occupation
standards. Presenter: Ashley Moncado, Special Projects Planner
Ashley Moncado: Reviewed abstract.
Paul Guthrie: The word “using”, does that mean the small business or anybody delivering too?
Ashley Moncado: A regular delivery truck.
Paul Guthrie: You can’t control the size of a truck.
Pete Hallenbeck: The biggest truck the homeowner can use for the small business.
Ashley Moncado: Continued presentation. This is scheduled to be reviewed at the Quarterly Public Hearing on
November 25, 2013.
Paul Guthrie: I think these are very good changes. Is there any way to judge what the workload issue will be for
implementing this process?
Craig Benedict: We will do outreach meetings to explain these rules.
Lisa Stuckey: On page 18 it states that activities prohibited are “and building, electrical, plumbing, etc. I don’t
understand why they are being excluded.
Ashley Moncado: That is existing language currently in the UDO because of the nature of the business.
Pete Hallenbeck: There is a difference between the plumber who drives his truck home and has storage
somewhere else.
Lisa Stuckey: What is wrong with plumbers?
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Michael Harvey: The problem with trade contractors is they turn their houses into a storage area. We don’t allow
trade contractors to build storage areas.
Tony Blake: What differentiates the person at the end of my road who has 40 acres and a grading contracting
business, not residential from the guy up the street who is a plumber with 30 acres and a separate barn that he
stores supplies in?
Michael Harvey: I would make the argument that the way the regulations are currently written that you don’t want
people going back and forth getting tools and supplies.
Lisa Stuckey: It doesn’t make sense. I struggle with this 3,000 square feet size accessory building and use.
Pete Hallenbeck: Currently this ordinance is saying we don’t want construction things getting out of hand but we
are going to allow artists, lawyers and engineers. Those are what we want to have for home occupations.
Paul Guthrie: Isn’t it true that anybody existing will be grandfathered in under the law?
Michael Harvey: If you are doing it now, it is illegal.
Paul Guthrie: This is an anti-small business regulation.
Michael Harvey: I think that is a very gross misrepresentation of this regulation.
Craig Benedict: We are trying to balance what people expect in a neighborhood.
Pete Hallenbeck: It sounds like there are many people here who are saying these changes are good you are
questioning this broad restriction of construction practices. If anyone wants to write that up for the BOCC, we can
include that in the package to them.
Perdita Holtz: There are other options; people can apply for a zoning change for a conditional use district.
Pete Hallenbeck: Let us leave that to the hearing, to present that and other options.
AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – AGRICULTURAL SUPPORT ENTERPRISES
To continue review and comment upon proposed revisions to the UDO implement a program commonly
referred to “Agricultural Support Enterprises”. This topic was presented/discussed at the October ORC
meeting and Planning Board members felt further discussion would be helpful.
Presenter: Perdita Holtz, Planning Systems Coordinator
Perdita Holtz: Reviewed presentation and distributed materials related to the Rural Buffer.
Tony Blake: What kind of use would Maple View Farms be under this?
Perdita Holtz: They may be considered a bona fide farm use but they also sell products from other farms so they
may be also considered a cooperative farm stand or community farmer’s market.
Pete Hallenbeck: You are looking for feedback on whether the red text, more intensive, should be removed from
the rural buffer and generally are the uses reasonable?
Perdita Holtz: Yes, but these pages only have to do with the rural buffer.
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Pete Hallenbeck: So we can comment on the rural buffer and in general. The Ag Board thought the red items
should not be allowed in the rural buffer. I agree that removing the red items would be good.
Tony Blake: when you say regional meat processing you mean something like Siler City as opposed to your
seasonal deer hunter.
Perdita Holtz: Correct. On page 100 of your full ORC packet there is a definition.
Tony Blake: Would a seasonal restaurant farm fall under the farm as long as it is a bona fide farm?
Perdita Holtz: It you are located on the farm and serving products from the farm it probably is.
Pete Hallenbeck: One of the comments from Howard McAdams was that part of this is to take the seasonal nature
of farm income and level it out throughout the year.
Tony Blake: I was asking because of this idea of the county fair. The county fairs that I am used to include farmers
bringing in their fares and trades and you don’t want to discourage too much of that. You want people to be able to
bring things to the county fair.
Perdita Holtz: This is the ORC’s opportunity to shape the amendments going to the public hearing in February.
Paul Guthrie: Someone has a bona fide farm with 50 acres of timber and he wants to start a saw mill rather than
haul it off to someone else. He wants to use half of that money to build a building for that.
Perdita Holtz: Yes, as long as you are harvesting and milling the timber on your property.
Paul Guthrie: Don’t you get into foggy ground when you talk about a commercial stable and an equestrian center is
along the lines of hosting show events whereas a stable is boarding horses.
Perdita Holtz: An equestrian center is for larger scale events that could happen regularly whereas a commercial
stable is for boarding and lessons and may have an occasional smaller-scale horse show.
Perdita Holtz: Does everyone kind of agree with Pete and what the APB was saying about allowing ASE-CZ to be
applied to the rural buffer but to take out those intensive uses for consideration in the rural buffer and in the ASE-CZ
that outside those more intensive uses should stay as intensive uses.
Pete Hallenbeck: It sets the ground work for when it goes to the BOCC. When they break the ground as to
whether this can be allowed in the rural buffer and set the stage for what can be and slicing the rural buffer out as
having it own allowable activity in compared to the rest of the county.
AGENDA ITEM 4: ADJOURNMENT
Meeting was adjourned
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D R A F T
1
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 NOVEMBER 6, 2013 3
REGULAR MEETING 4 5
6 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lisa Stuckey, Chapel Hill Township 7
Representative; Maxecine Mitchell, At-Large Bingham Township; Tony Blake, Bingham Township Representative; 8
James Lea, Cedar Grove Township Representative; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, 9
Little River Township Representative; 10 11 12 MEMBERS ABSENT: Johnny Randall, At-Large Chapel Hill Township; Andrea Rohrbacher, At-Large Chapel Hill 13
Township; Stephanie O’Rourke, Eno Township Representative; Herman Staats, At-Large, Cedar Grove Township; 14
Vacant- Hillsborough Township Representative; 15
16
17
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, 18
Special Projects Coordinator; Ashley Moncado, Special Projects Planner; Jennifer Leaf, Planner I; Tina Love, 19
Administrative Assistant II 20
21
22 OTHERS PRESENT: Danny Jones; Michael Neal; Pam Jones; Laney Jones; Harrison Jones; Chris Hagenberger; Dean 23
Shangler; Janine Schreyack; Patti Szogas 24
25
26 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 27 28
Pete Hallenbeck called the meeting to order and let the members know that due to some correspondence that went 29
out to the public regarding the start time of the meeting, Item 7 could not be heard until 7:30. 30
31
32 AGENDA ITEM 2: INFORMATIONAL ITEMS 33
a) Planning Calendar for November and December 34
a. Dinner meeting with BOCC – 5:30 p.m. on November 25 (before QPH) @ Link 35
Service Center. 36
b. Quarterly Public Hearing – 7:00 p.m. on November 25 @ Dept. of Social 37
Services – draft legal ad attached 38
39 AGENDA ITEM 3: APPROVAL OF MINUTES 40 OCTOBER 2, 2013 ORC MEETING 41 OCTOBER 2, 2013 REGULAR MEETING 42 43 MOTION by Lisa Stuckey to approve the October 2, 2013 Planning Board ORC notes. Seconded by Tony Blake. 44 VOTE: UNANIMOUS 45 46 MOTION by Tony Blake to approve the October 2, 2013 Planning Board Regular Meeting minutes. Seconded by 47
Maxecine Mitchell. 48 VOTE: UNANIMOUS 49 50 51 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 52
53 54
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D R A F T
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AGENDA ITEM 5: PUBLIC CHARGE 55 56 Introduction to the Public Charge 57
The Board of County Commissioners, under the authority of North Carolina General Statute, 58
appoints the Orange County Planning Board (OCPB) to uphold the written land development 59
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 60
harmonious development. OCPB shall do so in a manner which considers the present and 61
future needs of its citizens and businesses through efficient and responsive process that 62
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 63
will make every effort to uphold a vision of responsive governance and quality public services 64
during our deliberations, decisions, and recommendations. 65
66 PUBLIC CHARGE 67
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 68
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 69
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 70
public charge, the Chair will ask the offending member to leave the meeting until that individual 71
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 72
until such time that a genuine commitment to this public charge is observed. 73
74
75 AGENDA ITEM 6: CHAIR COMMENTS 76
77
(Planning Board started with Item 8 first to allow time for the expected public to arrive) 78
79
80 Agenda Item 8: Planning Board Annual Report and Work Plan for County Commissioners’ Annual 81 Planning Retreat – To discuss the input form for the annual BOCC planning retreat in early 82
2014. The annual report informs the BOCC of the past year’s activities of advisory 83
boards/commissions and assists in overall County work planning 84
Presenter: Craig Benedict, Planning Director 85
86
87
Craig Benedict: At our dinner meeting on the 25th, we will talk about what we have achieved in the previous year 88
and what we plan to achieve next year and this annual report will be our agenda. We will begin on page 60 with the 89
summary. Reviewed report. 90
91
Pete Hallenbeck: On page 66, we are trying to get a handle on adult entertainment, gaming and nuisance 92
ordinance to protect the EDDs. 93
94
Paul Guthrie: The first one that strikes me is the first one under Tony’s name which is transit oriented development 95
and maybe a discussion on the linkage between transportation as we see it moving ahead in the county and 96
development. I think we could mention several topics but it takes it into areas this Board doesn’t deal with very 97
quickly. For instance, the railroad and what is the railroad going to be like in 10 or 20 years. I will be glad to share 98
it with everyone but I’m not sure how you would frame that. 99
100
Pete Hallenbeck: The format on this page is almost sufficient. We would like to say to the BOCC that we have 101
members that are concerned about ….. how to deal with transit oriented development. 102
103
Paul Guthrie: A sub part of that would be that is highlighted by our discussion of small business in the county and 104
rural areas is people’s ability to get to work and is there a way to have a logical and efficient development in the 105
county that we can accentuate the desirability of good transit. 106
107
Tony Blake: I would be happy to take it off line with you. We can work together on that. 108
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109
Craig Benedict: We have highway corridors, bus corridors, rural areas and the whole county is not urbanville so the 110
land use topic is a good one. 111
112
Tony Blake: The TTA is holding three informational sessions coming up. 113
114
Paul Guthrie: The TTA is not going to address the kind of issues I would address. 115
116
Pete Hallenbeck: The challenge is to get enough detail that it is not as broad as transit are in the development but 117
no so much detail it is a 15 minute because you only have a minute or two. 118
119
James Lea: What is the County’s current ordinance on adult entertainment? 120
121
Michael Harvey: We have an arcane definition; we do not permit them which are technically in violation of state 122
law. We have a draft ordinance that needs to go the attorney’s office for review but that is the current status. 123
124
Craig Benedict: For five years we have brought it up because you need to have this done before the issue comes 125
up. 126
127
James Lea: Do we know what Larry’s concern was about adult entertainment. 128
129
Pete Hallenbeck: You want to get a handle on it before someone comes in and sees an area that will be industrial 130
zoned. Residences are far away and schools and churches are far away and they put in a permit and there is 131
nothing to legally keep you from saying no. 132
133
Craig Benedict: It hasn’t come to the top of the list for the BOCC to say go because it does bring a lot of attention 134
to it. 135
136
James Lea: We do have them, we just don’t allow. Are we planning to develop an ordinance? 137
138
Craig Benedict: You would have to develop an ordinance that is consistent with state statute. You cannot be 139
completely prohibitive but you can set distance requirements. 140
141
Pete Hallenbeck: We need to let the BOCC know that the county needs to get on top of before we get that first 142
application. 143
144
Buddy Hartley: Nothing new. 145
146
Maxecine Mitchell: I would like to echo the concern about transportation. Affordable housing in Chapel Hill is 147
probably non-existent. A lot of people have to look elsewhere in Hillsborough and how will they commute back and 148
forth if their job is located in Chapel Hill or Carrboro since some people can’t afford a car and gas prices. 149
150
Pete Hallenbeck: When you discuss transit oriented development, you also want to focus on helping low income 151
people. 152
153
Tony Blake: Under Item 2, I have been having some, just because of the USDA loan we used to build and expand 154
our fire station, I have had interesting conversations with the USDA and I wonder if there is a partnership 155
arrangement to encourage USDA to invest in some of these rural economic zones. Especially regarding sewer and 156
water infrastructure which is holding people back from opening a small business. 157
158
Lisa Stuckey: I am really glad you are bringing up numbers four and five. We want to catch these spin off 159
entrepreneurial companies that will come out of Carolina North. 160
161
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Pete Hallenbeck: Item 3, I have been pushing that. We do have people moving into areas and are surprised to 162
hear that the fire truck can’t get in there. I agree with number four. 163
164
Craig Benedict: I will organize the comments from tonight and put it into a master list. 165
166
Pete Hallenbeck: I want everyone to say something to the BOCC so they will understand we are working as a 167
group. 168 169 170 Agenda Item 7: Major Subdivision Concept Plan – To review and make a decision on a major subdivision 171
concept plan application (Triple Crown Farms), located off Dairyland Road. 172 Presenter: Jennifer Leaf, Planner I and Michael Harvey, Current Planning Supervisor 173
174
Michael Harvey: Reviewed the synopsis of the cadence with respect to review of a major subdivision on page 22 of 175
the abstract. 176
177
Jennifer Leaf: Reviewed abstract. 178
179
Paul Guthrie: Does the runoff go to Morgan Creek? 180
181
Mike Neal: I believe it does go into Morgan Creek. I will have to check to be sure. 182
183
Paul Guthrie: Is there any determination on how this development will affect the water flow into Morgan Creek or 184
Phil’s Creek and will that have any effect on the supply capacity to University Lake? 185
186
Michael Harvey: It is always good to bring these issues up at concept plan so the applicant and staff can think 187
about it. My honest answer is based on the preliminary stormwater designs for the project, we don’t anticipate any 188
problem with respect to compliance with our code. We do not anticipate a higher increased level of water flow 189
beyond what can be handled as the result of this development. We also don’t anticipate a flow problem as far as 190
water supply issues. The applicant can provide guidance on that when we get to the preliminary plat stage but we 191
don’t see any issues in talking with Orange County Erosion Control Stormwater management. 192
193
Paul Guthrie: I assume the conversations will blossom and will include OWASA. 194
195
Michael Harvey: Typically, there is not a conversation with OWASA concerning water flow or management; that is 196
obviously the purview of the stormwater manager of Orange County. OWASA is not a required primary partner 197
related to the review of a subdivision project. If you would like for the planning staff to have that conversation with 198
OWASA, I don’t see a reason why we could not do that. 199
200
Paul Guthrie: At some point it might be appropriate. 201
202
Michael Harvey: We have submitted this to our joint planning partners for review as required by the joint planning 203
agreement. We do anticipate comments as we move forward. 204
205
Paul Guthrie: Waste disposal on the property, it is probably too early to know how that is planned to be done but I 206
think that is something we need to continue to give attention to. 207
208
Jennifer Leaf: Each lot will be served individually by onsite septic. It is prohibited in the rural buffer to have 209
connection to water and sewer so they have to be done on site and they have done preliminary soil analysis on 210
some of the lots as indicated by the stippled boxes. 211
212
Paul Guthrie: That doesn’t tell me what system we are talking about. 213
214
Jennifer Leaf: Each individual system will be sized at the time the building permit is….. 215
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216
Pete Hallenbeck: Paul, are focusing on whether the soil they found was suitable for conventional or low pressure 217
pump, what type of system. 218
219
Paul Guthrie: I was looking for information to draw from my own experience as to what the likely impact would be. 220
There are a number of ways to do this. 221
222
Jennifer Leaf: As the preliminary plat stage of this project the applicant will apply to Environmental Health for a 223
comprehensive review of soil suitability. At this point they have not been involved in finding or evaluating soil types 224
with respect to the location of septic systems. After the concept plan is approved, that is when Environmental 225
Health will be contacted and the official perk sites will go out and be located. 226
227
Pete Hallenbeck: This will be part of the preliminary site plan you are supplying is to have more details about the 228
soil test for septic, etc. 229
230
Mike Neal: Sure. We have had a soil scientist come out and look at the soil and there is a shading on the drawing 231
that shows what areas perk on the lot. We have these stipple boxes, we knew those were the size for a 232
conventional system. We knew the soils were acceptable for a conventional system so we ensured that each lot 233
had an area for conventional system and a repair area. When the lots are sold, we know they can put in a 234
conventional system and that will work and the homeowner may choose another system. 235
236
Tony Blake: How large is this acreage? 237
238
Jennifer Leaf: 104 acres. 239
240
Tony Blake: I have a recombination map that shows almost 200 acres. Is it the acreage that constitutes a major 241
subdivision as opposed to a minor subdivision? 242
243
Jennifer Leaf: The number of lots. One new lot up to five is a minor and then six and above is a major. 244
245
Tony Blake: I am still confused about this huge map that shows a recombination of four tracts and it is 200 acreage 246
not 100. 247
248
Michael Harvey: All we can tell you is this is a 104 acre tract by the current tax record. 249
250
Jennifer Leaf: This does have a label of 104 acres on it, the recombination plat, so the plat that was recorded in 251
2005, they shifted some boundary lines so that is how that lot ended up being 104 acres. 252
253
Tony Blake: Some lots are in the rural buffer and in the Chapel Hill school system and some are in the Orange 254
County School system and it appears as if they have already accounted for the impact fees and I wanted to 255
comment about that. 256
257
Michael Harvey: That is on page 36. There will be six lots potentially served by Orange County and 14 lots served 258
by Chapel Hill Carrboro. 259
260
Tony Blake: Since tracts two through four are owned by the same development company that ultimately these 261
tracts will be developed as well? 262
263
Jennifer Leaf: Those tracts are currently developed. 264
265
Pete Hallenbeck: It seems like it meets the requirements and staff is happy with it. Streams are getting good 266
protection and the soils are good enough for conventional. Is there anyone else from the public to comment on 267
this? 268
269
13
D R A F T
6
Christine Hagelburger: I share a 1,400 foot long boundary with the project. Please go to the vicinity map. Pointed 270
to the common line on the map. Four of these lots are going on our line which is a more significant impact to our 271
property than to the other properties and it seems you could draw those lines differently than they are on this plat at 272
this time and have less impact on that perimeter of the property. They are the smallest lots and four of them are on 273
my line. I would like to see it drawn more equitably so I do not get the brunt of the impact. 274
275
Dean Shangler: We own a couple of lots to the south. My concern is at the neighborhood information meeting, I 276
had asked about the boundary line along that creek and understood planning staff to say the creek is entirely 277
contained within the land owned by the developers and if that is correct, that is a concern to me because that is not 278
correct as a matter of deed record. My understanding is the lot line should be the center line in the creek. Would 279
we all agree that is correct? If you look at the site analysis, you could see that the property line is the center line is 280
the creek. 281
282
Pete Hallenbeck: When a plan for this is developed, you would like to make sure there is attention paid to exactly 283
where that boundary is in regard to the creek. 284
285
Dean Shangler: Yes. I would like that to be clear. 286
287
Pete Hallenbeck: Do you know how long it was surveyed with regard to using the creek? 288
289
Dean Shangler: I don’t know. In some of the older deeds, people who laid our subdivisions in some of the deeds 290
they go, it was mentioned. 291
292
Pete Hallenbeck: When the applicant makes that plan that is something they will be aware of. 293
294
Craig Benedict: The plat in your package is an appropriate survey of it and it does show that the boundary line 295
(showed map). The entire stream is not on that property, there is some on the other properties. (Reviewed map). 296
We will clarify that survey. 297
298
Dean Shangler: On our map, we show the stream buffer only on our property and do not show it on the adjacent 299
properties. It looks like the stream is on our property. The stream itself is the boundary line and it was traversed in 300
2006. I have another concern. I know you said there is a standard 100 foot setback, it is a rural and natural 301
preserve around the creek, could we request making the setback 150 feet to enhance the protection? 302
303
Pete Hallenbeck: That would tie into the density and impact of the houses being close. 304
305
Patty Zogust: When it was going to be developed before, my understanding it that it was because they were flood 306
plains and now there are not, how does that happen? 307
308
Jennifer Leaf: FEMA does modeling so they have much better technology now to model. As a result of work done 309
in 2007 the majority of the floodplain was removed from this property. 310
311
Patty Zogust: So between then and now, they got better technology? 312
313
Michael Harvey: In 2007, FEMA released new maps which we adopted and that removed a lot of flood plain from 314
this property. 315
316
MOTION by Buddy Hartley to approve the concept plan as submitted. Seconded by Lisa Stuckey. 317 VOTE: UNANIMOUS 318
319 320 Agenda Item 9: Provisions and Maintenance of Sidewalks in the County’s Jurisdiction – To receive 321
educational information on the challenges North Carolina counties face in providing and 322
maintaining sidewalks in unincorporated areas. 323
14
D R A F T
7
Presenter: Perdita Holtz, Special Projects Coordinator 324
325
Pete Hallenbeck: The Fire Chiefs have their meeting tonight so I have to go there and this is just an information 326
section to I will make a comment and turn it over to Lisa. I was involved with the Efland Small Area Plan 10 years 327
ago but we had a subdivision that came through, the Tinnin Road Subdivision, and there was a conflict in that we 328
have the comprehensive plan that encourages sidewalks and walkways but the comprehensive also encourages 329
affordable and then you have the problem of who pays for the sidewalks and maintenance all of which increase the 330
cost of the housing. In Tinnin Woods subdivision, it was dealt with as we will leave the room for the sidewalks and 331
a path to the school where we will put mulch down and keep it clear and progress like that. This is a sticky one 332
where you are trying to balance what we should do. 333
334
(Pete Hallenbeck left meeting) 335
336
Perdita Holtz: Reviewed information. 337
338
Tony Blake: Aren’t they in the right of way? 339
340
Perdita Holtz: They are but DOT won’t allow them to be in the right of way unless the County agrees to maintain 341
them. 342
343
Tony Blake: So DOT forbids them to be in the right of way. 344
345
Paul Guthrie: It is not just on the east west road in Efland. There are streets and roads in Efland that DOT has 346
never owned the right of way to. 347
348
Tony Blake: The walkability issues, the flow, you don’t want the sidewalk to change as you go along. This is a 349
symptom of a bigger issue. It is sort of out of the control of the planning department. I would encourage a place 350
where a transit node might be. 351
352
Paul Guthrie: Who is building the sewers? 353
354
Craig Benedict: Orange County. 355
356
Paul Guthrie: Easements allow sidewalks on top of them? 357
358
Craig Benedict: They are focused on water/sewer utilities. There is not as much of an encumbrance on the 359
property when the utilities are underground. 360
361
Buddy Hartley: We were saying about the Tinnin Wood subdivision they should have sidewalks, by doing that they 362
tabled everything? 363
364
Perdita Holtz: The overlay districts didn’t have anything to do with Tinnin Woods but you had discussed Tinnin 365
Woods prior to the overlay districts. My recollection is that Johnny Randall wanted bike lanes, etc. and he really 366
pushed it. 367
368
Buddy Hartley: There was no push of anything else. 369
370
Perdita Holtz: Johnny and Larry were particularly vocal about the issue. 371
372
Buddy Hartley: We voted on something? 373
374
Perdita Holtz: Yes. 375
376
Buddy Hartley: I would not have voted for this if I was here. I don’t remember that. 377
15
D R A F T
8
378
Craig Benedict: We brought the recommendation of the Planning Board to put it on the agenda, our attorney said 379
how can you impose these takings on private property so he pulled back from the Planning Board recommendation. 380
Then the recommendation that went through said we can’t do anything, public sidewalks, etc. then the BOCC saw 381
all the discussion and then it became a lot of misunderstanding. Then they denied everything. 382
383
James Lea: So what is the point? 384
385
Perdita Holtz: We were not able to have all our information about the problems with what the Planning Board was 386
about to recommend so it went through so we thought we would try to make it work then the county attorney said 387
no way so we ended up with a different staff recommendation. 388
389
Tony Blake: What about partnerships with utility companies? 390
391
Perdita Holtz: When an easement is granted, it states specifically what can happen in that easement. 392
393
Paul Guthrie: Why do you have to put the sidewalk in front of the house? Could there be a series of walkways on 394
the back property lines? 395
396
(Different conversations at the same time). 397
398
Paul Guthrie: There are some places where you may be able to work out pathways in open land between 399
structures by a group assembled by the residences. 400 401
402
403 AGENDA ITEM 9: COMMITTEE/ADVISORY BOARD REPORTS 404
405
a) Board of Adjustment 406
b) Orange Unified Transportation 407
408
409 AGENDA ITEM 10: ADJOURNMENT 410 411 MOTION: made by Buddy Hartley to adjourn. Seconded by Paul Guthrie. 412 VOTE: UNANIMOUS 413
414
415
16
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2013
Action Agenda
Item No.
SUBJECT: Planning Board Annual Report / Work Plan for County Commissioners’ Annual
Planning Retreat
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Annual Report / Work Plan Form
INFORMATION CONTACT:
Craig Benedict, 245-2592
Perdita Holtz, 245-2578
PURPOSE: Provide an annual report and work plan input to the Board of County
Commissioners (BOCC) in preparation for its annual planning retreat.
BACKGROUND: Each year the County Clerk’s Office collects information from each of the
County’s advisory boards to prepare a report for the annual BOCC planning retreat in January.
The annual report informs the BOCC of the past year’s activities of advisory
boards/commissions, as well as proposed activities for the upcoming year.
Staff and advisory boards are asked to collaborate to complete the form that has been provided
by the Clerk’s Office for return by December 6. Proposed activities are to be consistent with the
goals of the BOCC.
The Annual Report / Work Plan form (Attachment 1) was reviewed by the Planning Board at its
November 6, 2013 meeting. The materials for the November 6 meeting are available at
http://orangecountync.gov/planning/documents/PBAgendaNov2013-web.pdf. Staff has
incorporated comments made at the November meeting into the form.
The Planning Board is involved with approximately 40 - 60% of the work Planning Department
staff is responsible for (the percentage varies by year, depending on specific work being
completed in a given year). For the upcoming year, Planning staff will be working on some
items for which other advisory boards have primary responsibility. Examples of these tasks are
transit issues, transportation planning, and economic development issues (not related to the
UDO) in partnership with the Economic Development Department. Some work items the
Planning staff is responsible for do not go to an advisory board for a recommendation (for
example, water and sewer engineering and the annual report related to the Schools Adequate
Public Facilities Ordinance [SAPFO]).
RECOMMENDATION(S): The Planning Staff recommends the Planning Board:
1. Discuss the Annual Report and Work Plan as needed.
2. Approve the document in Attachment 1 so staff can submit the approved Annual
Report and Work Plan to the County Clerk prior to the December 6 deadline.
17
NAME OF BOARD/COMMISSION: Planning Board
Report Period: 2013 calendar year for annual report; 2014 calendar year for work plan
ORANGE COUNTY ADVISORY BOARDS AND COMMISSIONS
ANNUAL REPORT/ WORK PLAN FOR THE COUNTY COMMISSIONERS
The Board of Commissioners welcomes input from various advisory boards and
commissions in preparation for its annual planning retreat. Please complete the
following information, limited to the front and back of this form. Other background
materials may be provided as a supplement to, but not as a substitute for, this form.
Board/Commission Name: Planning Board
Person to address the BOCC at work session- if applicable- and contact information:
Pete Hallenbeck, Chair, (919) 732-6551, pete@eflandfd.org
(please note the Chair may change in January when the Planning Board holds
elections – the Chair at the time the work session is held will address the BOCC)
Primary County Staff Contact: Craig Benedict, Planning Director; secondary
contact: Perdita Holtz, Planner III (Planning Systems Coordinator)
How many times per month does this board/commission meet, including any special
meetings and sub-committee meetings? On average, twice per month (12 regular
meetings + 4 Quarterly Public Hearings + special or sub-committee meetings).
Brief Statement of Board/Commission’s Assigned Charge and Responsibilities. Under
the authority of NC General Statute, the BOCC created the Planning Board to
embark upon a continuing planning program, including but not limited to the
preparation and maintenance of a Comprehensive Plan for Orange County, in
protection of the public health, safety, and general welfare of present and future
residents, landowners and visitors. The duties of the Planning Board are listed in
Section 1.6.3 of the Unified Development Ordinance.
What are your Board/Commission’s most important accomplishments?
Within last 3-years:
• Three separate UDO text amendments that revised numerous regulations in
order to better promote activity in the Economic Development Districts,
Commercial Transition Activity Nodes, and Commercial-Industrial Transition
Activity Nodes.
• UDO text amendment to add a new conditional zoning district – Rural
Economic Development Area (REDA) – that is applicable to the geographic
area in the “Highway 57 Speedway Area” Small Area Plan.
• Future Land Use Map and Zoning Atlas amendments in the Eno EDD Area.
• Zoning Atlas amendment to pre-zone certain properties (232 acres) in the
Buckhorn/Mebane Commercial-Industrial Transition Activity Nodes (CITAN) to
prepare the area for eventual non-residential development. (This is the area
Morinaga recently announced they will locate in).
• UDO text amendment to address the development of solar arrays.
More recently:
• UDO, Comprehensive Plan & Zoning Atlas Amendments to adopt two new
Attachment 1 18
zoning overlay districts in Efland (denied by BOCC in Feb. 2013, to be
reconsidered in early 2014).
• Annandale at Creekwood major subdivision preliminary plat.
• Triple Crown Farms major subdivision concept plan.
• UDO text amendment to require a neighborhood information meeting for
governmental uses.
• UDO text amendment to change standards related to home occupations.
• UDO text amendment to establish a new conditional zoning district for
Agricultural Support Enterprises and various accompanying changes to the
text.
• Hillsborough/Orange County Central Orange Coordinated Area – Joint Land
Use Plan
• In 2013, three property-owner initiated applications for rezonings were
processed. The Planning Board reviewed all of these and issued a
recommendation to the BOCC on each application.
List of Specific Tasks, Events, or Functions Performed or Sponsored Annually.
• Monthly Planning Board meetings
• Quarterly Public Hearings (4)
• Ordinance Review Committee (ORC) meetings and special meetings
as required
• Review applications for ordinance amendments, major subdivisions,
and Class A special use permits and provide recommendations to
the BOCC
• Develop and recommend policies, ordinances, administrative
procedures and other means for carrying out plans
Describe this board/commission’s activities/accomplishments in carrying out BOCC
goal(s)/priorities, if applicable. The Planning Board is involved in the ongoing
implementation of the 2030 Comprehensive Plan. Potential projects listed in the
“Implementation Bridge,” such as updates to home occupation standards,
continue to be work on as do small area plan implementation measures, such as
the Eno EDD Access Management Plan and the Efland zoning overlay districts.
Work completed in past years, including UDO text updates and zoning atlas
amendments, contributed greatly to the 2013 announcement that the Morinaga
Company would located its new manufacturing facility in the Buckhorn-Mebane
area.
If your board/commission played the role of an Element Lead Advisory Board involved
in the 2030 Comprehensive Plan preparation process, please indicate your board’s
activities/accomplishments as they may relate to the Comprehensive Plan’s goals or
objectives.
(The Element Lead Advisory Boards include: Planning Board, EDC, OUTBoard,
Commission for the Environment, Historic Preservation Commission, Agriculture
Preservation Board, Affordable Housing Board, Recreation and Parks Advisory Council)
The processing of small area plan recommendations specifically addresses an
objective included in the 2030 Comprehensive Plan. Following are specific
Comprehensive Plan Goals and Objectives that have been part of the Planning
19
Board’s recent work:
Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy consistent
with other Comprehensive Plan element goals and objectives.
Objective LU-1.1: Coordinate the location of higher intensity / high density residential
and non-residential development with existing or planned locations of public
transportation, commercial and community services, and adequate supporting
infrastructure (i.e., water and sewer, high-speed internet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural resources. This
could be achieved by increasing allowable densities and creating new mixed-use zoning
districts where adequate public services are available.
Objective LU-1.2: Evaluate and report on whether existing and approved locations for
future residential and non-residential developments are coordinated with the location of
public transportation, commercial and community services, and adequate supporting
infrastructure (i.e., water and sewer services, high-speed internet access, streets and
sidewalks).
Land Use Goal 3: A variety of land uses that are coordinated within a program and
pattern that limits sprawl, preserves community and rural character, minimizes land use
conflicts, supported by an efficient and balanced transportation system.
Objective LU-3.1: Discourage urban sprawl, encourage a separation of urban and
rural land uses, and direct new development into areas where necessary community
facilities and services exist through periodic updates to the Land Use Plan.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient,
and responsive.
Objective LU-6.1: Undertake a comprehensive effort to inform and involve the citizens
of Orange County in the land use planning process.
Objective LU-6.2: Maintain a cooperative joint planning process among the County
municipalities and those organizations responsible for the provision of water and sewer
services to guide the extension of service in accordance with the Comprehensive Plan,
the Orange County-Chapel Hill-Carrboro Joint Planning Agreement and Land Use Plan,
and the policies of the municipalities.
Economic Development Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and enhances
high quality employment opportunities for County residents.
Objective ED-1.5: Identify barriers to development of desirable businesses and local
businesses, and mitigate these barriers.
20
Transportation Goal 3: Integrated land use planning and transportation planning that
serves existing development supports future development, and is consistent with the
County’s land use plans which include provisions for preserving the natural environment
and community character.
Identify any activities this board/commission expects to carry out in 2014 as they relate
to established BOCC goals and priorities.
If applicable, if there a fiscal impact (i.e., funding, staff time, other resources) associated
with these proposed activities (please list). The Board will continue its work in
partnership with staff to further implement recommendations contained within
small area plans and the UDO Implementation Bridge and to implement existing
and new BOCC priorities, some of which may emerge at the January 2014 BOCC
retreat:
1. Agricultural Support Enterprises: UDO text amendments scheduled for February
2014 QPH
2. Public Hearing Process: UDO text amendments to consider changes to the
existing public hearing process (scheduled for February 2014 QPH)
3. Efland Overlay Districts: UDO Text, Zoning Atlas, and Comprehensive Plan
Amendments to add two new overlay zoning districts in the Efland area and specify
design standards for the areas. (This item was denied by the BOCC in February
2013 but is scheduled to be reconsidered at the February 2014 QPH). Continue
bolstering of US 70 corridor and focus area potential including Cornelius Road in
Hillsborough.
4. Town of Hillsborough/Orange County Interlocal Agreement Implementation:
Hillsborough-Orange County ETJ (Extraterritorial Jurisdiction) Swaps (early 2014)
5. Town of Hillsborough/Orange County Interlocal Agreement Implementation:
Comprehensive Plan and UDO amendments to implement the Town of
Hillsborough/Orange County Central Orange Coordinated Area Land Use Plan
(scheduled for February 2014 QPH)
6. New and/or Revised Zoning District: UDO text amendment to adopt a new
general use zoning district and/or “fine tune” existing ED zoning to match locational
attributes for targeted research and development industry and applied light
manufacturing. Consider appropriate mixed use areas acknowledging the other
areas will have a stronger non-residential use program.
7. Rural Buffer and Other Rural Areas in General Clustering: Address clustering in
the Rural Buffer to allow smaller lot sizes while maintaining a minimum density of 2
units per acre. Consider rural village concepts. Examine innovative septic
systems.
8. Population Projections: Analyze regional population and employment projections
(including MPO 2040 and the development of the MPO 2045 MTP). Rationalize
and offer ‘ground truth’ (i.e. what can realistically be built) to the amount and
location of new development noted from population modeling (i.e. Community VIZ).
Work with municipalities to aggregate their projected ceiling density totals based on
their densification efforts and create composite countywide total by adding
unincorporated projections. Use in update to Comprehensive Plan Data Element.
21
9. Legislative Changes: Amend regulations as necessary in response to legislative
changes at the State level
10. Streamline Regulations: Continue to streamline regulations where possible
11. 2014 BOCC Retreat: Any priorities that emerge at the January 2014 BOCC retreat
What are the concerns or emerging issues your board has identified for the upcoming
year that it plans to address, or wishes to bring to the Commissioners’ attention?
1. Rural Enterprises: Continue to expand rural enterprises by completing work on
“Agricultural Support Enterprises” and Home Occupation standards. Determine
need to address water & sewage disposal issues in the Rural Activity Nodes to
encourage development in these nodes.
2. Streamlining: Streamline the project approval/public hearing process by revising
the existing quarterly public hearing process.
3. Emergency Access: Work with appropriate staff/departments to better ensure
properties can be reached by emergency personnel (e.g., driveway width and
clearance, bridge weight limit signage and sufficiency to allow a fire truck to pass,
gate width, curve radii sufficient for emergency vehicles).
4. Mass Gathering/Special Events: Revisions to UDO regarding mass gathering and
special events (must wait until after Emergency Services/Attorney’s Office enacts a
Mass Gathering Ordinance)
5. Pre-zoning for Economic Development Projects: Continue to “prezone” areas
where possible to focus growth in appropriate areas with consistent land uses,
thereby improving the review and approval process.
6. Adult Entertainment: County should adopt an adult entertainment ordinance that is
consistent with State and Federal laws.
7. Nuisance Ordinance: Consider a nuisance ordinance for Economic Development,
Commercial, and Commercial-Industrial Transition Activity Nodes and areas
adjacent to these land use classifications to “protect” these areas slated for
economic development projects.
8. Transportation Issues: Need for better public transit in rural areas, including senior
citizen mobility, and “transit oriented development.” Accent focus on transit
dependent populations and their connection to other transit infrastructure.
9. Affordable Housing: On-going need for affordable housing opportunities in the
county. Also include the role of MHP’s in affordable housing.
22
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2013
Action Agenda
Item No. 8
SUBJECT: Review of Proposed UDO Text Amendment(s) – Home Occupations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Unified Development Ordinance (UDO)
Amendment Outline Form (UDO/Zoning-
2012-09)
2. Quarterly Public Hearing Comments
3. Proposed Text Amendments
4. Proposed Amendment
Summary Spreadsheet
5. Comparison Summary Spreadsheet
6. Letter to Residents with Home Occupation
Permits
Ashley Moncado, Planner II 245-2597
Craig Benedict, Director 245-2575
PURPOSE: To review comments received at the Quarterly Public Hearing and discuss potential
revisions to the proposed home occupation text amendment.
BACKGROUND: At the November 25, 2013 Quarterly Public Hearing, the Board of County
Commissioners and Planning Board identified concerns with the proposed home occupation text
amendment presented for public hearing. Recognizing that a number of items needed to be
reviewed and discussed among the Planning Board, staff recommended bringing the item back
to the Planning Board for further review and discussion. Attachment 2 contains comments
received from the Board of County Commissioners and Planning Board, including staff
comments regarding the identified concerns from the Quarterly Public Hearing. Revisions to
proposed standards based on comments received at the Quarterly Public Hearing have not
been addressed within the attached documents.
This item has been rescheduled for the February 18, 2014 BOCC regular meeting. The
additional time will provide Planning Board and staff the opportunity to review comments
received and address potential revisions to the proposed amendment at the December 4, 2013
meeting and the January 8, 2014 meeting.
Attachment 1 contains information and analysis regarding this amendment. In addition,
Attachment 1 includes comments received from the Town of Carrboro on November 26, 2013
regarding the proposed amendment. Attachment 3 includes the proposed amendments
presented and reviewed at the Quarterly Public Hearing. These amendments have not been
23
revised to reflect comments received from Board members at this time. Attachment 4 contains a
spreadsheet summarizing proposed revisions to Sections 2.22, 5.3.4, and 5.5.3. Attachment 5
includes a spreadsheet summarizing Orange County’s home occupation standards and those of
six other local jurisdictions. Attachments 4 and 5 were previously reviewed by the Board; they
are included in this packet for informational purposes.
At the Quarterly Public Hearing a BOCC member suggested staff send a letter to residents who
currently have a home occupation permit in order to solicit feedback. A copy of the letter, which
is scheduled to be mailed to 63 residents on November 27, is included as Attachment 6.
Procedural Information: In accordance with Section 2.8.8 of the Unified Development
Ordinance, any evidence not presented at the public hearing must be submitted in writing prior
to the Planning Board’s recommendation. Additional oral evidence may be considered by the
Planning Board only if it is for the purpose of presenting information also submitted in writing.
The public hearing is held open to a date certain for the purpose of the BOCC receiving the
Planning Board’s recommendation and any submitted written comments.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement will be paid from
FY2013-14 Departmental funds budgeted for this purpose. Existing planning staff included in the
Departmental staffing budget will accomplish the work required to process this amendment.
RECOMMENDATION: The Planning Director recommends the Board:
1. Review and discuss Board and staff comments from the Quarterly Public Hearing.
2. Provide direction to staff whether changes should be made to the proposed text
amendment presented at the Quarterly Public Hearing.
24
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-03
Home Occupation Standards
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 1. Section 2.22 Home Occupations
2. Section 5.4.3 Special Events
3. Section 5.5.3 Home Occupations
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Board and Planning
Director are proposing to initiate a text amendment to modify existing language
25
2
relating to the regulation of home occupations within the county.
At the January 9, 2013 Planning Board meeting, Board members discussed areas of
interest for planning staff to address for the next year. One item, which was
highlighted in the UDO Implementation Bridge report prepared when the UDO was
adopted in 2011, included the need to review existing home occupation standards for
a potential revision. At that time, Board members expressed concern with the
existing standards limiting home occupations by being too restrictive with the
required square footage allowances and number of permitted non-residential
employees. As a result, the Board requested staff to proceed with reviewing existing
standards. To address the Planning Board’s request, staff presented information at
the July 10, 2013 Planning Board meeting, including a summary of current standards
contained in the UDO, a comparison with other local jurisdictions’ standards, and
items of consideration to better facilitate and promote the use of home occupations.
Following review and discussion, the Board asked staff to proceed with an
amendment to the UDO addressing their comments and areas of interest relating to
the UDO Implementation Bridge report.
At the September 4 Planning Board meeting, staff presented draft language based
on Planning Board comments received at the July meeting for review. Additionally, at
this time, staff presented Section 419, Live/Work Units, from the 2012 North Carolina
Building Code regarding the review and permitting of home occupations that are
classified as live/work units. Although planning staff considers this Section of the
building code, adopted in 2012, to be restrictive, local governments cannot amend
laws, codes and/or rules adopted by the State. Staff anticipate s that this Section of
the building code will result in prospective home occupation applicants deciding to
locate their home occupation in an accessory structure if the home occupation
comprises of more than ten percent of their home’s square footage. A cop y of
Section 419 is included at the end of this form.
At the October 2 Ordinance Review Committee (ORC) meeting staff presented
proposed amendment language for Board comment. Following this meeting, planning
staff identified concerns with the proposed recommendations and requested a
meeting with the Planning Board Chair and Vice Chair to discuss and review the
Board’s recommendation. The Planning Board Vice Chair was unable to attend, but
did provide comments regarding proposed recommendations to staff and the
Planning Board Chair. At the October 16 meeting with Chair Hallenbeck proposed
standards based on Planning Board’s recommendation were revised in order to
create a reasonable balance between supporting home based businesses in the
county and protecting the character and enjoyment of residential neighborhoods.
Revised recommendations were presented at the November 6 ORC meeting. During
this meeting, members stated concern with existing standards prohibiting specific
uses from receiving a home occupation permit [See UDO Section 5.5.3(2)(a)(iii)] but
26
3
no specific amendment requests were made. Chair Hallenbeck suggested members
to provide their concerns in writing to staff and the BOCC. To date no writte n
comments have been received.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The purpose of the proposed amendment is to develop standards that accommodate
and encourage the use of home occupations while protecting the residential
character of neighborhoods and meeting standards of the North Carolina Building
Code in order to incorporate recommendations of the Implementation Bridge into the
Unified Development Ordinance. Proposed standards will allow for smaller and larger
scale home occupations with the development of two categories including a minor
home occupation and a major home occupation. Uses such as artist studios often are
considered home occupations and the updated standards will apply to artist studios.
This is a topic that was raised at the February 2013 BOCC retreat and the May 14,
2013 BOCC work session when “Agricultural Support Enterprises” was discussed.
Additional amendments to Section 5.4.3 Special Events will address reviewing and
permitting events conducted by the home occupation. Specifically, allowing nonprofit
or government organized events, including the Orange County Open Studio Tour, to
be exempt from the existing special event and Class B Special Use Permit process in
order to support and accommodate these events within the county. Also, see Section
D of this Form.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Economic Development Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and enhances
high quality employment opportunities for County residents.
Economic Development Objective 1.5: Identify barriers to development of
desirable businesses and local businesses, and mitigate these barriers.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
27
4
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 – approve legal ad for public hearing
January 2014 – receive Planning Board recommendation
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
July 10, 2013 – discussion of topic
September 4, 2013 – further discussion
October 2, 2013 – Ordinance Review Committee
November 6, 2013 – Ordinance Review Committee
December 4, 2013 – recommendation to BOCC
b. Advisory Boards:
c. Local Government Review:
The proposed text amendments were received from the Town of Carrboro
submitted to the JPA Partners on are included at the end of this
November 7, 2013. Comments form.
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2013-14 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
General Public:
Small Area Plan Workgroup:
Other:
28
5
D. AMENDMENT IMPLICATIONS
Proposed amendments to existing home occupation standards include two types of
home occupations. The first type, minor home occupations, follows the existing review
process in place for home occupations with revisions allowing for an increase in square
footage and number of employees in all residential districts. The second type, major
home occupations, is proposed in order to accommodate larger scale accessory
business uses in the AR (Agricultural Residential) and R-1 (Rural Residential) zoning
districts. A Class B Special Use Permit will be required for major home occupations.
The number of employees and permitted amount of square footage utilized in a major
home occupation shall be determined with the approved special use permit.
Additional minor revisions to existing standards will address traffic generation, accessory
structures, outdoor storage space, vehicle weight restrictions, and landscaping for all
home occupations. Proposed amendments will introduce standards addressing the total
number of students, customers, and/or clients permitted per day and address the review
of special events for home occupations. Finally, definitions referencing minor home
occupations and major home occupations are proposed within Article 10. The Planning
Board and staff have endeavored to be mindful of any adverse impacts that may occur
in the various types of residential districts found in the county while creating the
amendment package.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 3 for proposed language
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado@orangecountync.gov
29
with 1/4-inch (6.35mm)insulatingmillboardorother approved
equivalent insulation.
[F]417.4Fireprotection.Dryingroomsdesignedfor
high-hazardmaterialsandprocesses,includingspecialoccu-
panciesasprovidedforinChapter4,shallbeprotectedbyan
approved automaticfire-extinguishingsystemcomplyingwith
the provisions of Chapter 9.
SECTION 418
ORGANIC COATINGS
[F]418.1Buildingfeatures.Manufacturingoforganiccoat-
ingsshallbedoneonlyinbuildingsthatdonothavepitsor
basements.
[F]418.2Location.Organiccoatingmanufacturingopera-
tionsandoperationsincidentaltoorconnectedtherewithshall
not be located in buildings having other occupancies.
[F]418.3Processmills.Millsoperatingwithcloseclearances
andthatprocessflammableandheat-sensitivematerials,such
asnitrocellulose,shallbelocatedinadetachedbuildingor
noncombustible structure.
[F]418.4Tankstorage.Storageareasforflammableandcom-
bustibleliquidtanksinsideofstructuresshallbelocatedator
abovegradeandshallbeseparatedfromtheprocessingareaby
notlessthan2-hour firebarriers constructedinaccordance
withSection707or horizontalassemblies constructedin
accordance with Section 712, or both.
[F]418.5Nitrocellulosestorage.Nitrocellulosestorageshall
belocatedonadetachedpadorinaseparatestructureoraroom
enclosedwithnolessthan2-hour firebarriers constructedin
accordancewithSection707or horizontalassemblies con-
structed in accordance with Section 712, or both.
[F]418.6Finishedproducts.Storageroomsforfinishedprod-
uctsthatareflammableorcombustibleliquidsshallbesepa-
ratedfromtheprocessingareabynotlessthan2-hour fire
barriers constructedinaccordancewithSection707or hori-
zontalassemblies constructedinaccordancewithSection712,
or both.
SECTION 419
LIVE/WORK UNITS
419.1General.Alive/workunitisa dwellingunit or sleeping
unit inwhichasignificantportionofthespaceincludesanon-
residentialusethatisoperatedbythetenantandshallcomply
with Sections 419.1 through 419.8.
Exception:Dwelling or sleepingunits thatincludean
officethatislessthan10percentoftheareaofthe dwell-
ingunit shall not be classified as a live/work unit.
419.1.1Limitations.Thefollowingshallapplytoall
live/work areas:
1.Thelive/workunitispermittedtobeamaximumof
3,000 square feet (279m2);
2.Thenonresidentialareaispermittedtobeamaximum
50 percent of the area of each live/work unit;
3.Thenonresidentialareafunctionshallbelimitedto
thefirstormainflooronlyofthelive/workunit;and
4.Amaximumoffivenonresidentialworkersor
employeesareallowedtooccupythenonresidential
area at any one time.
419.2Occupancies.Live/workunitsshallbeclassifiedasa
GroupR-2occupancy.SeparationrequirementsfoundinSec-
tions420and508shallnotapplywithinthelive/workunit
whenthelive/workunitisincompliancewithSection419.
High-hazardandstorageoccupanciesshallnotbepermittedin
alive/workunit.Theaggregateareaofstorageinthenonresi-
dentialportionofthelive/workunitshallbelimitedto10per-
cent of the space dedicated to nonresidential activities.
419.3Meansofegress.Exceptasmodifiedbythissection,the
provisionsforGroupR-2occupanciesinChapter10shall
apply to the entire live/work unit.
419.3.1Egresscapacity.Theegresscapacityforeachele-
mentofthelive/workunitshallbebasedonthe occupant
load forthefunctionservedinaccordancewithTable
1004.1.1.
419.3.2Slidingdoors.Wheredoorsina meansofegress are
ofthehorizontal-slidingtype,theforcetoslidethedoorto
itsfullyopenpositionshallnotexceed50pounds(220N)
withaperpendicularforceagainstthedoorof50pounds
(220 N).
419.3.3Spiralstairways.Spiralstairways thatconformto
the requirements of Section 1009.9 shall be permitted.
419.3.4Locks.Egressdoorsshallbepermittedtobelocked
in accordance with Item 4 of Section 1008.1.9.3.
419.4Verticalopenings.Flooropeningsbetweenfloorlevels
of a live/work unit are permitted without enclosure.
419.5Fireprotection.Thelive/workunitshallbeprovided
withamonitoredfirealarmsystemwhererequiredbySection
907.2.9andan automaticsprinklersystem inaccordancewith
Section 903.2.8.
419.6Structural.Floorloadingfortheareaswithina
live/workunitshallbedesignedtoconformtoTable1607.1
based on the function within the space.
419.7Accessibility.Accessibilityshallbedesignedinaccor-
dance with Chapter 11.
419.8Ventilation.Theapplicablerequirementsofthe Interna-
tionalMechanicalCode shallapplytoeachareawithinthe
live/work unit for the function within that space.
SECTION 420
GROUPS I-1,R-1,R-2,R-3
420.1General.OccupanciesinGroupsI-1,R-1,R-2andR-3
shallcomplywiththeprovisionsofthissectionandotherappli-
cable provisions of this code.
420.2Separationwalls.Wallsseparating dwellingunits inthe
samebuilding,wallsseparating sleepingunits inthesame
buildingandwallsseparating dwelling or sleepingunits from
otheroccupanciescontiguoustotheminthesamebuilding
70 2012 NORTH CAROLINA BUILDING CODE
SPECIAL DETAILED REQUIREMENTS BASED ON USE AND OCCUPANCY
30
From:Patricia J. McGuire
To:Perdita Holtz
Cc:Martin Roupe; Christina Moon
Subject:RE: UDO Text Amendment that Applies to the Rural Buffer - Home Occupation Standards
Date:Tuesday, November 26, 2013 7:40:00 PM
Dear Perdita,
Carrboro staff have a few comments and suggestions for the ordinance revisions:
1) There appear to be benefits associated with offering additional economic opportunities to
properties in the Rural Buffer and elsewhere in the county, so long as such uses are
consistent with the purposes of the zoning districts otherwise.
2) You might consider expanding the use of performance standards as a means of limiting
further or reducing entirely the exclusion of specific uses. Such standards could specify
screening, sizing, siting, or parking provisions that would mitigate the impacts that presently
necessitate excluding them entirely.
3) You might consider clarifying the traffic generation provisions to distinguish between traffic
generated by the use and traffic generated in support of the use. Are the regulations
intended to allow or prohibit a resident from operating a single –truck tractor-trailor
business from their home, for example? If only a single driver/single-truck use was
considered acceptable, but a larger trucking operation was not, perhaps the vehicle storage,
number of employees and screening requirements could be modified accordingly?
4) You might consider clarifying whether outdoor storage includes the storage or parking of
vehicles that are used in conjunction with a home occupation.
Thanks for the opportunity to review. Don’t hesitate to contact me if you have a question.
Trish
Patricia J. McGuire, AICP, CZO, CFM
Planning Director
Town of Carrboro
301 W. Main Street
Carrboro, North Carolina 27510
35° 54’ 41”, -79° 04’ 39”
919-918-7327 (T)/919-918-4454 (F)
pmcguire@ci.carrboro.nc.us http://townofcarrboro.org
31
From: Perdita Holtz [mailto:pholtz@orangecountync.gov]
Sent: Thursday, November 07, 2013 9:14 AM
To: J.B. Culpepper (jbculpepper@townofchapelhill.org); Patricia J. McGuire
Cc: Craig Benedict; Ashley E.. Moncado; Christina Moon; (gpoveromo@townofchapelhill.org)
Subject: UDO Text Amendment that Applies to the Rural Buffer - Home Occupation Standards
Hello JB and Trish,
Pursuant to the JPA Agreement, we are sending the attached proposed UDO text amendment to you
for review and comment. We are proposing to change the existing standards for Home Occupations
allowed in the residential zoning districts, including the RB (Rural Buffer) zoning district. We are also
proposing to have a category of “Minor Home Occupation” and “Major Home Occupation” (we
currently do not have two classes of Home Occupations). Major Home Occupations will not be
allowed in the Rural Buffer; only Minor Home Occupations would be allowed in the RB.
I have also attached a chart you may find helpful that depicts the existing and proposed standards.
This chart is not part of the actual amendments; it’s just used for informational purposes.
These text changes are on the November 25 quarterly public hearing agenda. It would be great if
you could forward any comments to us before the 25th. If you need more time than that to review
this item, please let me know. The JPA Agreement stipulates that the County will not adopt an
amendment affecting the RB until the Towns have had 30 days to review and comment on the
amendment. This amendment is scheduled for adoption consideration in January.
Thanks and please let me know if you have any questions.
Perdita
Perdita Holtz, AICP
Planning Systems Coordinator
Orange County (NC) Planning Department
131 W. Margaret Lane, 2nd Floor (physical)
P.O. Box 8181 (mail)
32
Hillsborough, NC 27278
Phone: (919) 245-2578
Town of Carrboro, NC Website - http://www.townofcarrboro.org E-mail correspondence to and from this
address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.
33
Comments Made at the November Quarterly Public Hearing
Planning Board Comments BOCC Comments Planning Staff Response/Comments
Minor home occupation regulations should
incorporate existing standards without any
modifications. All proposed revisions allowing for
an increase in employees, square footage
allowances, and size of accessory structures shall
be through the major home occupation process
requiring a Special Use Permit.
Planning staff recommends the Planning Board to
review and discuss this item.
Concerns with existing standards requiring
landscaping and buffering of accessory structures
used in the home occupation.
Existing standards contained within the UDO may
be reviewed and revised to address this item. For
example, proposed revisions may provide
language not requiring landscaping and buffering
when the accessory structure is located 100 feet
or more from the property line (or a distance to
be determined).
Concerns with existing standards regarding the
appearance of a residential accessory structure.
Existing standards contained within the UDO
require accessory structures to be constructed
with suitable residential construction materials in
order to avoid commercially designed structures
to be located in residential zoning districts.
Accessory structures are not required to take on
the exact appearance of the residential structure.
Concerns regarding proposed standards being
too restrictive and creating a financial burden on
business owners.
Proposed revisions to existing standards are more
lenient and less restrictive allowing for more
employees, visitors, daily trips, deliveries, and
increase in the overall size of home occupations.
Existing and proposed standards may result in
financial constraints on a business owner which
are typically incurred with the opening of any
new business.
Concerns with trade uses, including
plumbing, electrical, and building
contracting, not being permitted as a
home occupation.
Existing standards should be revised to be more
clear that an office for these uses is an acceptable
home occupation use. The Board may wish to
discuss whether the actual day-to-day operation
of these types of businesses should be allowed
from a residential property.
Attachment 2
34
Comments Made at the November Quarterly Public Hearing
Planning Board Comments BOCC Comments Planning Staff Comments
Concerns regarding setback standards
for outdoor storage space used in a
major home occupation.
Proposed setback standards for outdoor storage
space may be reviewed and revised based on
Planning Board discussion. Revisions to this
standard could allow for setback standards to be
determined on a case-by-case basis through the
Special Use Permit process.
Based on proposed standards, many properties
throughout the county will be eligible to apply for
a minor or major home occupation which may
result in an increase of operational home
occupations in the county. Potential impacts
resulting from multiple home occupations
located in a residential neighborhood, on a
shared private roadway, or adjacent to one
another should be examined while reviewing
existing and proposed standards.
Development of home occupation standards
should take into account the need to promote
home based business uses, but also the need to
limit negative impacts on adjacent residential
land uses and property owners. Home
occupations are intended to be secondary and
incidental to the primary residential use in
residential zoning districts.
Business uses that have greater impacts than a
home occupation would normally produce could
be approved through the Conditional Use District
process.
35
UDO AMENDMENT PACKET NOTES:
The following packet details the proposed modifications to existing home occupation standards.
Proposed regulations include the establishment of two new home occupation categories
allowing for minor and major (larger scale) home occupations. The amendment package also
proposes the re-numbering and reformatting of Sections 2.22, 5.4.3, and 5.5.3, to accommodate
the new standards.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal, staff has divided the proposed amendments into the following color coded
classifications:
Red Underlined Text: Denotes new, proposed text, that staff is suggesting be added to
the UDO
Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO 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 modification.
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://orangecountync.gov/planning/Ordinances.asp
36
Article 2: Procedures
Section 2.22: Home Occupations
Orange County, North Carolina – Unified Development Ordinance Page 2-63
(3) Structural stormwater measures that are designed, constructed and maintained
in accordance with the NC DWQ Stormwater BMP Design Manual, approved
accounting tool, and requirements listed in Section 6.14 will be presumed to meet
the required performance standards of Section 6.14. Submittals containing
measures not designed to these specifications, may be approved on a case by
case basis provided the applicant provides adequate data and information
showing how the deviations meet the requirements of Section 6.14.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any Stormwater Management Plan
which is in conformance with the performance standards specified in the NC DWQ
Stormwater BMP Design Manual, and other requirements of this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any permits for development on
any land that is defined as new development under Section 6.14 of this Ordinance
unless and until a Stormwater Management Plan in compliance with the requirements of
this Ordinance has been approved.
(E) Design of Permanent Nutrient Export Reduction Structural Stormwater Measures
When a permanent nutrient export reduction structural stormwater measure is required
for new development to meet the requirements of this Ordinance, a North Carolina
registered professional engineer shall prepare the plan with the Engineer’s Certification of
Stormwater Management affixed, signed, sealed and dated.
SECTION 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application for a minor home occupation shall include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.3.
(D) An application for a major home occupation shall require a Class B Special Use Permit
and adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.3.
2.22.2 Conditions of Approval
(A) If conditions are attached to the approval of a permit, they may address deficiencies in
meeting specific Ordinance requirements or they may address specific impacts which
result from the operation of the home occupation.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Number of vehicles to be parked on the premises;
(3) The location of an accessory building, storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the home occupation from adjoining properties.
37
Article 5: Uses
Section 5.4: Standards for Temporary Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-30
5.4.3 Special Events
(A) Arts and Cultural Special Events
(1) All arts and cultural special events organized, conducted, and affiliated with a
nonprofit or government entity, including the annual Orange County Open Studio
Tour, shall be exempt from the special event review and permitting process.1
(B) General Standards of Evaluation2
(1) The application shall include a written description of the type of event planned,
the number of participants for any single event, the frequency of the events, the
anticipated hours of operation, the potential dates for the events, and the method
and adequacy of sewage disposal, recycling and waste disposal, access,
parking, lighting, and signage;
(2) The plot plan shall be accompanied by written approval from the Orange County
Division of Environmental Health regarding the adequacy of the water-supply and
wastewater disposal;
(3) The plot plan shall have written approval from the Orange County Fire Marshal;
(4) The applicant shall submit a copy of notification sent to the Orange County
Sheriff’s Department stating the type of events, number of participants, date(s)
and hours of operation, and emergency contact information. A location map
must be attached to the notice provided to the Sheriff;
(5) Lot size shall be adequate to accommodate all proposed activities including safe
vehicular and pedestrian circulation;
(6) The proposed activity will occur on no more frequently than seven days in a 30-
day period, and on no more than 50 days per year; and
(7) Signs shall be permitted in accordance with Section 6.12.11(D).
(C) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A written description of the exact type of event planned, the maximum
number of participants, the frequency of the event, anticipated dates and
hours of operation, method and adequacy of sewage disposal, recycling
and waste disposal, access, parking, lighting, and signage;
(b) A site plan showing the boundaries of the area to be used for the events,
the locations of access points, parking, service areas, activity areas,
restrooms, solid waste disposal/recycling facilities, lighting, and signage;
(c) Written comments from the Orange County Health Department, Division
of Environmental Health regarding the adequacy of plans restroom
facilities and food preparation/handling arrangements; and
(d) Written comments from the Orange County Fire Marshal and Sheriff’s
Department regarding the adequacy of parking, access, or other factors
related to public safety.
1 Proposed amendments regarding arts and cultural special events will address concerns with
accommodating and permitting community wide events conducted by a nonprofit or government
organization more efficiently. These standards will allow art and studio home occupations that participate
in these events to be exempt from the Class B Special Use Permit process. 2 Adding a new (A) resulted in the automatic renumbering of subsequent subsections.
38
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-33
SECTION 5.5: STANDARDS FOR RESIDENTIAL USES
5.5.1 Accessory Structures and Uses
(A) General Standards of Evaluation
(1) Accessory structures and uses shall not be located in any required front open
space and shall conform to the principal setbacks of the district where located
unless otherwise provided in this Section.
(2) An attached private garage, or carport, not exceeding 12 feet in height, may
occupy a portion of the required side open space, provided that this does not
result in a required side open space of less than 7% of the lot width, nor a total,
when combined with the required side open space of the lot immediately
adjacent, of less than eight feet.
(3) Mobile homes as accessory structures to residential uses are prohibited.
5.5.2 Efficiency Apartment
(A) General Standards of Evaluation
(1) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(2) The efficiency unit shall contains no more than 800 square feet of gross floor
area.
(3) The residential lot shall meet the minimum lot size requirements of the zoning
district in which it is located.
(4) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(5) The efficiency unit shall be accessory to the principal dwelling unit and may be
attached or detached.
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirements
In addition to the completed application form, applicants for a minor or major
home occupation shall submit the following to the Planning Department:
(a) Minor Home Occupations
(i) A plot plan of the property on which the home occupation is to be
located. The plot plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
c. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
39
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-34
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(b) Major Home Occupations
(i) A site plan of the property on which the home occupation is to be
located. The site plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
c. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(2) Standards of Evaluation
(a) All Home Occupations
(i) No home occupation may be operated in a residence except as
permitted under this Ordinance and only after a Home
Occupation Permit has be issued in accordance with the
provisions of Section 2.21 2.22 of this Ordinance.
(ii) Home based business operations that do not include nonresident
employees located onsite, signage, onsite retail sales, or onsite
students, customers, and/or clients do not require a home
occupation permit.
(iii) Uses Not Permitted
a. The following activities are explicitly prohibited as home
occupations:
i. Automotive repair,
ii. Automotive service,
iii. Automotive detailing,
iv. Body shop,
v. Hauling, and
vi. Building, electrical, plumbing, mechanical,
grading or other construction contracting.
b. The above list is not intended to include all uses which
may be unsuitable as a home occupation. Home
Occupation applications for other uses may be denied if
the Standards of Evaluation listed herein are not fully
met.
(iv) No equipment or process shall be employed that will cause
noise, vibration, glare, odor or electrical interference detectable
to the normal senses at the lot lines in the case of detached
dwelling units or outside the dwelling unit, in the case of attached
dwelling units.
40
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-35
(v) The on-premises sale and/or delivery of goods which are not
produced or modified in a manner that adds value to the product
on the premises is prohibited, except in the case of the delivery
and sale of goods incidental to the provision of a service. No
goods, products, or commodities purchased and secured for the
main purpose of onsite resale shall be permitted.
(vi) All events conducted in connection with the home occupation
and exceed the number of permitted daily students, customers,
and/or clients contained within Sections 5.5.3(A)(2)(b)(i)d and
5.5.3(A)(2)(c)(i)g must adhere to Section 5.4.3, Special Events.3
(b) Minor Home Occupations
(i) General Operations
The following requirements apply to minor home occupations in
all residential districts:
a. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. No more than two individuals not
living in the residence may work in the home occupation.
Minor home occupations shall not exceed three
nonresident employees onsite at any one time.
b. In all residential districts except RB, AR and R-1, no
more than 35% of the floor area of the dwelling unit or
500 750 square feet, whichever is less, may be used for
the home occupation.
c. Up to three students, customers, and/or clients shall be
permitted onsite at any one time, not to exceed a total of
six students, customers, and/or clients per day.
(ii) Limitations on Traffic Generation
a. Traffic generated by visitors, customers, or deliveries
shall not exceed more than two business trips per hour ,
more than eight trips per day or more than two deliveries
of products or materials per week. All deliveries must be
made by vehicles of a size normally used for household
deliveries.4
b. Parking generated by the home occupation shall be met
off the street and other than not in a required yard area.
c. There shall be no use of a vehicle with a load capacity in
excess of one ton a gross vehicle weight in excess
of14,000 pounds used in connection with the home
3 Approved home occupations that conduct special events onsite are required to adhere to Section 5.4.3
Special Events. Home occupations that participate in a nonprofit or government organized event including
the annual Orange County Open Studio Tour shall be waived from the special event review process as
proposed within Section 5.4.3 Special Events. 4 Existing standards regulating the number of trips and deliveries per hour, day, and week were found to
be inconsistent with proposed language limiting the number of students, customers, clients, and event
attendees onsite per day. As a result, these standards are being proposed to be removed to allow traffic
generation standards concerning daily trips and parking to be regulated by the number of permitted
students, customers, clients, and event attendees onsite at any one time or per day. Additionally,
proposed standards shall allow for an increase in deliveries while limiting the type of vehicle to a size
normally used for household deliveries.
41
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-36
occupation5. including vehicles used for delivery or pick-
up. Vehicles with the permitted load capacity generally
include large pick-up trucks, and delivery trucks and
vans such as those used by UPS, but would not include
vehicles such as tractor trailers or dump trucks.6
(iii) Use of Accessory Structures
a. An accessory building containing up to 1000 1,500
square feet may be utilized in the RB, AR and R-1
residential zoning districts, detailed in Section 3.3,
provided that building has the appearance of a
residential accessory structure.7
b. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous plant materials vegetation planted along the
outside of the fence may be used for screening
purposes.
c. New structures built for the purpose of conducting a
home occupation shall not exceed 1000 1,500 square
feet in area.
d. An existing accessory structure which is larger than
1000 1,500 square feet may be used for the home
occupation provided that no more than 1000 1,500
square feet is used for the home occupation and the
area is physically separated by walls or other barriers.
In order to qualify as an existing accessory structure for
the purpose of conducting a home occupation, the
structure must have been constructed to meet building
code requirements applicable to a residential accessory
structure, and must have been in existence for at least
36 months.
(iv) Use of Outdoor Storage
a. Up to 500 square feet of outdoor storage area may be
used shall be permitted only in the RB, AR and R-1
zoning districts provided that it:
i. Is clearly defined on the site plan and on the
ground.
ii. Is located at least 40 feet from any lot line or
road right-of-way; and
iii. Is totally screened from the view from the road
and from adjacent property in the same manner
as is required for accessory buildings.
5 Weight standards have been modified replacing load capacity with the more common and familiar
vehicle gross weight standard. The proposed weight of 14,000 pounds will allow for the use of standard
and larger sized pick-up trucks in connection with all home occupations. 6 Staff recommends the existing language to be revised in order to a avoid a potential inconsistency with
standards contained within item a. 7 Revised standards are proposed to allow the use of accessory structures up to 1,500 feet in all
residential districts contained within Section 3.3, Residential Districts, instead of limiting this use to only
the RB, AR, and R-1 districts.
42
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-37
(c) Major Home Occupations
(i) General Operations
The following requirements apply to major home occupations:
a. Major home occupations shall be permitted only in the
AR and R-1 zoning districts.
b. All major home occupations shall be located on parcels
at least five acres in size.
c. All accessory structures, outdoor storage space, and
parking areas used in conjunction with the home
occupation shall be setback at least 80 feet from all
property lines and public or private roadways.
d. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. Up to six permanent and/or
temporary nonresident employees may be permitted
onsite at any one time with the exact number established
in the Special Use Permit.
e. The total amount of square footage permitted for a
residential dwelling unit used in conjunction with a major
home occupation, which exceeds standards referenced
in Section 5.5.3.A.2(b)(i)b, shall be determined with the
approved Special Use Permit, but in no case shall the
total exceed 50% of the floor area of the dwelling unit.
f. Up to eight students, customers, and/or clients shall be
permitted onsite at any one time, not to exceed a total of
fifteen students, customers, and/or clients per day.
(ii) Limitations on Traffic Generation
a. All major home occupations shall conform to the
standards of Section 5.5.3(A)(2)(b)(ii).
b. Major home occupations located on public roadways
may be required to submit a driveway permit prior to
approval.
c. Major home occupations located on shared private
roadways shall be required to submit a private road
maintenance agreement prior to approval.
(iii) Use of Accessory Structures
a. An accessory building containing up to 2,500 square feet
may be utilized, with the approval of a major home
occupation, on tracts totaling five to ten acres in size. An
Accessory building containing up to 3,000 square feet
may be utilized, with the approval of a major home
occupation, on tracts greater than ten acres in size.
b. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous vegetation planted on the outside of the fence
may be used for screening purposes.
c. New accessory structures built for the purpose of
conducting a home occupation shall not exceed square
43
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-38
footage allowances referenced in Section
5.5.3.A(2)(e)(iii)a.
d. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
used in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Located at least 80 feet from any lot line or road
right-of-way; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.4 Mobile Home Parks
(A) Standards for MHP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes, as defined by this Ordinance, the following
accessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the mobile home
park in which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the mobile home park in which they are located.
(e) Storage buildings for individual mobile home spaces and intended for the
exclusive use of the occupants of the mobile home space.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes already located on approved and established
mobile home stand spaces.
(2) Mobile Home Stand Space Requirements
44
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-14
High-Density Option
One of two approaches available for development in some watershed overlay districts. Generally, the
high-density option relies on density limits and engineered stormwater controls to minimize the risk of
water pollution.
Highest Adjacent Grade (HAG)
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of
the structure.
Historic structure
Any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local
Government (CLG) Program,” which has been approved by the Department of the Interior; or
d) Certified as contributing to the historical significance of a historic district designated by a
community with a “Certified Local Government (CLG) Program”. (CLG Programs are approved
by the US Department of the Interior in cooperation with the North Carolina Department of
Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966, as amended).
Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Home Occupation, Major
An accessory business use which is owned and operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental
and subordinate to the principal residential use of the property. Major home occupations, which do not
meet the standards of a minor home occupation, shall accommodate for larger scale accessory business
uses by allowing for an increase in square footage, number of onsite employees, students, customers,
clients, and annual events with an approved Class B Special Use Permit.
Home Occupation, Minor
An accessory business use which is owned or operated by the resident of a residentially-zoned property
which business and is clearly incidental and subordinate to the principal residential use of the property.
Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week,
as distinguished from multi-family dwellings, rooming houses and residential hotels in which rentals and
leases are for weekly or longer periods and occupants are generally residents rather than transients.
Hotel, Residential
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units available for occupancy only for periods of thirty days or longer, provided, however, that temporary
lodging units for guests of regular tenants may be provided in any residential hotel, with number of such
units limited to 10% of the number of tenant lodging units.
Immediate Neighborhood
A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its
location within the service area of a park site or sites as shown on the adopted “Recreation Service Area
Boundaries Map” on file in the Planning Department.
45
Proposed Amendments Planning Board ORC – November 6, 2013
Existing language to remain within the referenced section of the UDO Existing language to be revised within the referenced section of the UDO
Proposed language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
Application
Requirements
Section 2.22.1
An application shall include a
plot plan that adheres to the
requirements of Sections 2.4.3
and 5.5.3.
An application for a minor home occupation shall
include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.3.
An application for a major home occupation shall
require a Class B Special Use Permit and adhere to the
requirements of Sections 2.5.3, 2.7, and 5.5.3.
Special Events
Section 5.4.3
All proposed Special Events must
follow the Class B Special Use
Permit process.
All special events planned, conducted, and affiliated with a nonprofit or government organization including
county wide tours such as the annual Orange County Open Studio Tour shall be exempt from the special
event review and permitting process.
Standards of
Evaluation
Section 5.5.3(A)(2)
No home occupation may be operated in a residence except as permitted under this Ordinance and only
after a Home Occupation Permit has be issued in accordance with the provisions of Section 2.22 of this
Ordinance.
The following activities are explicitly prohibited as home occupations automotive repair, automotive service,
automotive detailing, body shop, hauling, and building, electrical, plumbing, mechanical, grading or other
construction contracting.
No equipment or process shall be employed that will cause noise, vibration, glare, odor or electrical
interference detectable to the normal senses at the lot lines in the case of detached dwelling units or
outside the dwelling unit, in the case of attached dwelling units.
The on-premises sale and/or delivery of goods which are not produced on the premises are prohibited,
except in the case of the delivery and sale of goods incidental to the provision of a service.
Home based business operations that do not include nonresident employees located onsite, signage, onsite
retail sales, or onsite students, customers, and/or clients do not require a home occupation permit.
General
Operations
5.5.3(A)(2)(b)(i)
and
5.5.3(A)(2)(c)(i)
The owner or operator of the
home occupation must live in a
residence located on the same
zoning lot as the home
occupation. No more than two
individuals not living in the
residence may work in the home
occupation.
The owner or operator of the home occupation
must live in a residence located on the same zoning
lot as the home occupation. Minor home
occupations shall not exceed three nonresident
employees onsite at any one time.
The owner or operator of the home occupation must
live in a residence located on the same zoning lot as
the home occupation. Up to six permanent and/or
temporary nonresident employees may be permitted
onsite at any one time with the exact number
established in the Special Use Permit.
Attachment 4 46
Proposed Amendments Planning Board ORC – November 6, 2013
Existing language to remain within the referenced section of the UDO Existing language to be revised within the referenced section of the UDO
Proposed language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
General
Operations
5.5.3(A)(2)(b)(i)
and
5.5.3(A)(2)(c)(i)
In all residential districts except
RB, AR and R-1, no more than 35%
of the floor area of the dwelling
unit or 500 square feet, whichever
is less, may be used for the home
occupation.
In all residential districts no more than 35% of the
floor area of the dwelling unit or 750 square feet,
whichever is less, may be used for the home
occupation.
The total amount of square footage permitted for a
residential dwelling unit used in conjunction with a
major home occupation, which exceeds standards
referenced in Section 5.5.3.A.2(b)(i)b, shall be
determined with the approved Special Use Permit,
but in no case shall the total exceed 50% of the floor
area of the dwelling unit.
All events conducted in connection with the home occupation and exceed the number of permitted daily
students, customers, and/or clients contained within Sections 5.5.3(A)(2)(b)(i)d and 5.5.3(A)(2)(c)(i)g must
adhere to Section 5.4.3, Special Events.
Up to three students, customers, and/or clients
shall be permitted onsite at any one time, not to
exceed a total of six students, customers, and/or
clients per day.
Major home occupations shall only be permitted in
the AR and R-1 zoning districts.
All major home occupations shall be located on
parcels at least five acres in size.
All accessory structures, outdoor storage space, and
parking areas used in conjunction with the home
occupation shall be setback at least 80 feet from all
property lines and public or private roadways.
Up to eight students, customers, and/or clients shall
be permitted onsite at any one time, not to exceed a
total of fifteen students, customers, and/or clients per
day.
Limitations on
Traffic Generation
5.5.3(A)(2)(b)(ii)
and
5.5.3(A)(2)(c)(ii)
Traffic generated by visitors,
customers, or deliveries shall not
exceed more than two business
trips per hour, more than eight
trips per day, or more than two
deliveries of products or materials
per week.
All deliveries must be made by vehicles of a size normally used for household deliveries.
Parking generated by the home
occupation shall be met off the
street and other than in a
required yard area.
Parking generated by the home occupation shall be met off the street and not in a required yard area.
47
Proposed Amendments Planning Board ORC – November 6, 2013
Existing language to remain within the referenced section of the UDO Existing language to be revised within the referenced section of the UDO
Proposed language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
Limitations on
Traffic Generation
5.5.3(A)(2)(b)(ii)
and
5.5.3(A)(2)(c)(ii)
There shall be no use of a
vehicle with a load capacity in
excess of one ton in connection
with the home occupation
including vehicles used for
delivery or pick-up. Vehicles
with the permitted load capacity
generally include large pick-up
trucks, and delivery trucks and
vans such as those used by UPS,
but would not include vehicles
such as tractor trailers or dump
trucks.
There shall be no use of a vehicle with a gross vehicle weight in excess of 14,000 pounds used in connection
with the home occupation
Major home occupations located on public roadways
may be required to submit a driveway permit prior to
approval.
Major home occupations located on shared private
roadways shall be required to submit a private road
maintenance agreement prior to approval.
Use of Accessory
Structures
Sections
5.5.3(A)(2)(b)(iii)
and
5.5.3(A)(2)(c)(iii)
An accessory building containing
up to 1000 square feet may be
utilized in the RB, AR and R-1
zoning districts, provided that
building has the appearance of a
residential accessory structure.
An accessory building containing up to 1,500
square feet may be utilized in the residential
zoning districts, detailed in Section 3.3, provided
that building has the appearance of a residential
accessory structure
An accessory building containing up to 2,500 square
feet may be utilized with the approval of a major home
occupation on tracts totaling five to ten acres in size.
An accessory building containing up to 3,000 square
feet may be utilized with the approval of a major home
occupation on tracts totaling eleven acres or more in
size.
The accessory structure must be screened from view of the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an evergreen hedge, a six foot stockade fence and deciduous
vegetation planted along the outside of the fence may be used for screening purposes.
Use of Outdoor
Storage Space
Sections
5.5.3(A)(2)(b)(iv)
and
5.5.3(A)(2)(c)(iv)
Up to 500 square feet of
outdoor storage area may be
used in the RB, AR and R-1
zoning districts
Up to 500 square feet of outdoor storage area
shall only be permitted in the RB, AR and R-1
zoning districts.
Up to 500 square feet of outdoor storage area may be
used in conjunction with a major home occupation in
the AR and R-1 zoning districts.
48
Proposed Amendments Planning Board ORC – November 6, 2013
Existing language to remain within the referenced section of the UDO Existing language to be revised within the referenced section of the UDO
Proposed language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
Definitions
Section 10.1
An accessory business use,
which is owned or operated by
the resident of residentially-
zoned property, which business
is clearly incidental and
subordinate to the principal
residential use of the property.
An accessory business use which is owned or
operated by the resident of a residentially-zoned
property and is clearly incidental and subordinate
to the principal residential use of the property.
An accessory business use which is owned and
operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR
and R-1 zoning districts, and is clearly incidental and
subordinate to the principal residential use of the
property. Major home occupations, which do not
meet the standards of a minor home occupation, shall
accommodate for larger scale accessory business uses
by allowing for an increase in square footage, number
of onsite employees, students, customers, clients, and
annual events with an approved Class B Special Use
Permit.
49
Home Occupation Comparison Summary Planning Board – July 10, 2013
Orange County Hillsborough Carrboro Chapel Hill
Square feet Use shall not occupy more
than 35 percent of the floor
area of the dwelling unit or
500 square feet, whichever is
less.
Use shall not occupy more
than 20 percent of the
heated floor area of the
dwelling unit or 600 square
feet, whichever is less
Use shall not occupy more
than 25 percent of the floor
area of the dwelling unit or
500 square feet, whichever is
less.
Use shall not occupy more
than 35 percent of the floor
area of the dwelling unit or
750 square feet, whichever is
less.
Employees No more than two
nonresidents may be
employed in connection with
the home occupation.
No more than one
nonresident may be
employed in connection with
the home occupation.
No more than one
nonresident may be
employed in connection with
the home occupation.
No more than one
nonresident may be
employed in connection with
the home occupation.
Parking Parking generated by the
home occupation shall be
met off the street and other
than in a required yard area.
No more than two business-
related vehicles may be
parked at the site of the
home occupation. Parking
must be met off street.
One parking space is required
in addition to the number
required for the existing
residence.
No more than three business-
related vehicles may be
parked at the site of the
home occupation.
Accessory
structures and
Outdoor
Storage Use
An accessory building
containing up to 1,000
square feet may be utilized in
the RB, AR, and R-1 zoning
districts. Up to 500 square
feet of outdoor storage area
may be used in the RB, AR
and R-1 zoning districts.
No outdoor display of goods,
materials, or equipment shall
be allowed on the property.
Accessory structures utilized
for home occupations must
be subordinate to the use of
the property for residential
purposes.
Misc. Only one sign not exceeding
eight square feet in area shall
be allowed. Accessory
structures must be screened
from view of the road and
adjacent property.
Signage is not permitted.
Signage is not permitted.
Attachment 5 50
Home Occupation Comparison Summary Planning Board – July 10, 2013
Chatham County Durham City-County Wake County
Square feet Use shall not occupy more than 25
percent of the heated floor area.
Basements and detached garages may
also be used for home occupations in
addition to the 25 percent.
Use shall not occupy more than 30
percent of the livable portion of the
dwelling or accessory structure.
Use shall not occupy more than 50
percent of the floor area of the
dwelling unit or 750 square feet,
whichever is less.
Employees No more than three nonresidents may
be employed in connection with the
home occupation.
No more than one nonresident may be
employed in connection with the home
occupation in non-rural districts. Rural
districts may allow up to three
nonresidents to be employed in
connection with the home occupation
No more than one nonresident may be
employed in connection with the home
occupation.
Parking Parking must be provided off street in
an area other than in the required
front yard.
No more than one business-related
vehicle may be parked at the site of
the home occupation within non rural
districts. No more than two business-
related vehicles may be parked at the
site of the home occupation within
rural districts.
Vehicles used in conjunction with a
home occupation may be no larger
than a standard pick-up truck or sports
utility vehicle. No more than two such
vehicles may be parked at the site of a
home occupation
Accessory
structures and
Outdoor
Storage Use
Accessory buildings may be used for
home occupations provided the
building area is not larger than 1,000
square feet or 2,500 square feet in
rural districts. No outdoor display of
goods, materials, or equipment shall
be allowed on the property.
Use of accessory structures and
outdoor storage space are only
permitted for rural home occupations.
Accessory structures and outdoor use
are not permitted for home
occupations
Misc. Only one sign not exceeding four
square feet in area shall be allowed.
Commercial driveway permits and
visual screening may be required for
rural home occupations.
Only one wall sign not exceeding three
square feet in area shall be allowed. All
heavy equipment vehicles associated
with a home occupation permit shall
be screened from view from adjoining
properties and the public right of way.
Only one wall sign not exceeding four
square feet in area shall be allowed.
51
52
53
54
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2013
Action Agenda
Item No. 9
SUBJECT: UDO Text Amendment Related to Telecommunication Facilities
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form (UDO/Zoning 2013-03)
2. UDO Amendment Package
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To make a recommendation to the BOCC on a Planning Director initiated text
amendment(s) to the Unified Development Ordinance (UDO) incorporating recent changes in
State law related to the review and permitting of telecommunication facilities.
BACKGROUND: This item was presented at the November 25, 2013 Quarterly Public Hearing
where staff indicated Session law 2013-185, adopted on June 26, 2013, has modified how local
governments process new telecommunication tower applications, including:
• A prohibition on requiring information related to the specific need for a proposed
telecommunication facility, including the addition of additional wireless coverage or
capacity, as part of the application package.
While the County can still request this information we cannot require it nor can we find an
application is ‘deficient’ when it is not submitted.
• Limits the fee local governments can collect for a third party consultant to review
applications for co-locations.
• Mandatory review timelines/deadlines for local governments to act on co-location
applications.
• Establishing standards allowing for increases in overall tower height under certain
conditions as being ‘permitted by right’.
Agenda packet materials from the hearing can be accessed via the following link:
http://orangecountync.gov/occlerks/131125.pdf. Please refer to Section C.1 (c) of Attachment 1 for
a synopsis of comments made during the hearing.
Attachment 2 contains the proposed amendments with additions shown in red text and
proposed deletions are shown in red strikethrough text as well as footnotes documenting the
rationale for the proposed modification. Modifications suggested by the County Attorney’s
office, received after the public hearing packet was prepared and mailed, are denoted in
underlined bold green text.
Procedural Information: In accordance with Section 2.8.8 of the Unified Development
Ordinance, any evidence not presented at the public hearing must be submitted in writing prior
to the Planning Board’s recommendation. Additional oral evidence may be considered by the
55
Planning Board only if it is for the purpose of presenting information also submitted in writing.
The public hearing is held open to a date certain for the purpose of the BOCC receiving the
Planning Board’s recommendation and any submitted written comments.
Planning Director’s Recommendation: The Planning Director recommends approval of the
proposed text amendments. For additional information please refer to Section B.1 and 2 in
Attachment 1.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION: The Planning Director recommends the Planning Board:
1. Deliberate as necessary on the proposed amendments;
2. Consider the Planning Director’s recommendation to approve the text amendment as
detailed in Attachment 2; and,
3. Make a recommendation to the BOCC on the proposed amendments in time for the
January 23, 2014 BOCC meeting.
56
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-04
UDO Text Amendment(s) incorporating recent changes in State law concerning the
regulation of telecommunication facilities
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 1. Section 2.7.14 Changes to Approved Plans, and
2. Section 5.10 Standards for Telecommunication Facilities
inclusive
of the UDO to incorporate recent changes to State law with the
processing of new applications and equipment change out requests
for telecommunication towers.
Other:
Attachment 1 57
2
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013-185, related to the processing and review of applications for new
telecommunication facilities or equipment/antenna change outs.
The Session Law, adopted on June 26, 2013 modifies establishes new criteria related to
the processing of applications, including:
1. Local governments can no longer require information concerning the specific
need for the proposed wireless support structure, including if the proposal
seeks to add additional wireless coverage or capacity, as part of the
application package.
2. Local governments cannot require ‘proprietary, confidential, or other business
information’ to justify the need for a new telecommunication facility.
3. Limits the fee local governments can collect for a consultant to review
applications for co-locations (i.e. equipment change out) to $1,000.00.
4. Mandates review timelines/deadlines for a local government to act on co-
location applications. The Session Law establishes a 45 day time limit on
review so long as the application is complete.
5. The law establishes ‘exemptions’ for certain modifications to
telecommunication facilities from a zoning review process.
A copy of the Session Law was provided with the November 25, 2013 quarterly
public hearing package in Attachment 2. The agenda packet can be viewed utilizing
the following link: http://orangecountync.gov/occlerks/131125.pdf.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The amendments are necessary to ensure Orange County’s process is consistent with
recent changes in State Law.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
N/A
4. New Statutes and Rules
Session Law 2013-185 An Act to Facilitate the Deployment of Mobile Broadband and
other Enhanced Wireless Communication Services by Streamlining the Processes
Uses by State Agencies and Local Governments to Approve the Placement of
58
3
Wireless Facilities in their Jurisdictions.
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 – BOCC members approve the legal advertisement for the
November 25, 2013 Quarterly Public Hearing.
October 2, 2013 – Planning Board Ordinance Review Committee (ORC)
November 25, 2013 – Quarterly Public Hearing.
This item was reviewed at the November 25, 2013 quarterly public hearing
where there the following questions/comments were made:
1. A Board member asked staff to clarify permit thresholds for
telecommunication facilities.
STAFF COMMENT: Review and action of telecommunication facilities
is broken down as follows:
• Towers 75 feet and under – Permitted by right in every zoning
district and subject to administrative action (i.e. staff review)
with no public notice or comment required.
• Towers 76 to 199 feet – Permitted in every zoning district
subject to the review and approval of a Class B Special Use
Permit, acted upon by the Board of Adjustment.
The permit is reviewed at a previously advertised public
hearing with property owners within 1000 feet of the property,
where the facility is proposed to be located, notified of the
hearing via certified mail.
• Towers 200 feet and over – Permitted in every zoning district
subject to the review and approval of a Class A Special Use
Permit, acted upon by the Board of County Commissioners with
a recommendation by the Planning Board.
The permit is reviewed at a previously advertised public
hearing with property owners within 1000 feet of the property,
where the facility is proposed to be located, notified of the
hearing via certified mail.
2. A Board member asked staff to clarify what the concern was with
respect to proposed amendments to Section 2.7.14 (B) (11).
STAFF COMMENT: Session Law 2013-185 allows for an increase in
59
4
the height of a tower by:
• No more than 10% of the existing height, or
• The height of 1 additional antenna, with separation from the
nearest existing antenna, not to exceed 20 feet.
The law indicates this ‘increase’ in height should be permitted as a
matter of right. For example: an existing tower, 160 feet in height, can
obtain approval for a 16 foot (10% of 160) increase in height without
review/action so long as applicable development standards are
adhered to.
A tower 199 feet in height seeking a 19 foot height increase, however,
exceeds established permitting thresholds as detailed herein. Staff is
attempting to ensure these ‘thresholds’ are recognized and appropriate
review occurs.
Staff had proposed language recognizing these thresholds in an effort
to ensure local permitting processes were adhered to.
The County Attorney’s office has requested staff revise the proposed
language to clarify when Board review is required, specifically in those
instances where permit thresholds are exceeded and where the
proposed change alters the various facts relied upon with respect to
the original permit approval.
Agenda materials for the public hearing can be viewed at:
http://orangecountync.gov/occlerks/131125.pdf.
January 23, 2014 - Receive Planning Board recommendation.
d. Other
3. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
October 2, 2013 – Ordinance Review Committee (ORC).
This item was reviewed at the October 2, 2013 ORC meeting where there
were no comments on the proposal by Board members.
December 4, 2013 – Recommendation
b. Advisory Boards:
c. Local Government Review:
60
5
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
4. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other: Staff will ask the County’s current telecommunication consultant, the
Center for Municipal Solutions, to review and comment on the
amendments. This review is part of their existing contract with the
County and will not result in additional cost.
61
UDO AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations to incorporate
recent changes in State law with respect to the review and processing of applications for the
development of telecommunication facilities.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
• Underlined Green Bold Text: Denotes new, proposed text, recommended by the
County Attorney’s office.
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://orangecountync.gov/planning/Ordinances.asp
ATTACHMENT 2
62
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-20
2.7.11 Conditions of Approval
(A) The Board of County Commissioners or the Board of Adjustment, as appropriate, may
impose such reasonable conditions upon approval of a Special Use as will afford
protection of the public health, safety and general welfare, ensure that substantial justice
is done, and equitable treatment provided.
(B) Conditions shall run with the land and use, and shall be binding on the original
applicant(s) as well as all successors, assigns and heirs.
(C) The Special Use Permit shall include a statement that if any condition of a Special Use
Permit shall be held invalid or void, then the permit itself shall be void and of no effect.
(D) It shall be stated in the Special Use Permit that the Permit shall automatically expire
within 12 months of the date of approval if the use has not commenced or construction
has not commenced or proceeded unless a timely application for extension of this time
limit is approved by the Board of County Commissioners as provided in Section 2.7.13.
2.7.12 Notification of Board Action
(A) The Planning Director shall send a notice of the relevant Board’s action on the application
by certified mail to the applicant. A copy of the decision shall be filed in the Planning
Department within five business days of the relevant Board’s action.
(B) The Planning Director, in the case of approval or approval with conditions, shall issue the
necessary permit in accord with the Board's action.
(C) The Planning Director, but not a designee, shall certify that the Special Use Permit with
any imposed conditions is as approved by the Board of County Commissioners or Board
of Adjustment, as appropriate, with a report provided to the County Manager.
(D) Once the Special Use Permit has been certified, the applicant shall record the permit with
the Orange County Register of Deeds in a format prepared by the Planning Director.
Failure to do so within 90 days from certification shall invalidate the Special Use Permit.
2.7.13 Time Limits and Extensions
(A) If a request is received before the Special Use permit expires, the Board of County
Commissioners, for good cause shown, may extend the expiration deadline six months
upon the favorable recommendation of the Planning Board.
(B) The application for an extension request shall be submitted a minimum of six months
prior to the expiration of the Special Use Permit.
(C) No changes shall be made to the terms and/or conditions of approval.
(D) Only one approval of a time extension is permitted, and it shall be based on evidence
presented by the applicant showing that permits have been pursued in a timely manner,
and that delays have resulted from factors beyond the control of the applicant.
(E) For developments which require approval of a Special Use Permit, the applicant may
request that the Special Use Permit be vested as a Site Plan for a period of not less than
two nor more than five years. For vesting purposes, Site Plans and Preliminary Plats
may also be approved as a Special Use Permit at the request of the applicant. See
Section 2.5 for information regarding site plans.
2.7.14 Changes to Approved Plans
(A) The Planning Director is authorized to approve minor changes in the approved plans of
Special Uses, as long as they are in harmony with action of the approving Board, but
shall not have the power to approve changes that constitute a modification of the
approval. A modification shall require approval of the Board having jurisdiction.
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Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-21
(B) The following criteria shall constitute a modification:
(1) Any change in a condition imposed during the approval of a special use permit.
(2) Any change in use or enlargement of approved use.
(3) Any increase in intensity of use. An increase in intensity of use shall be
considered to be an increase in usable floor area and/or an increase in the
number of dwelling or lodging units.
(4) Structural alterations which significantly affects the basic size, form, style,
ornamentation, and/or character of the building as shown on the approved site
plan or described in the applicant’s narrative.
(5) Substantial change in the amount and/or location of open space, recreation
facilities or landscape screening.
(6) Any increase in the size or number of approved signs.
(7) Any change in parking areas resulting in an increase or reduction of 5% or more
in the number of spaces approved.
(8) Substantial changes in pedestrian and/or vehicular access or circulation.
(9) Any change in a setback required by the provisions of this Ordinance or imposed
as a condition of approval.
(10) Any change in the location or extent of street and utility improvements or rights-
of-way, including water, sewer and storm drainage facilities, which would provide
a different level of service.
(11) For telecommunication facilities, a modification shall also include the following:1
(10)(a) An increase in the existing vertical height of the structure by more than:
(i) 10% in the height of the tower, or
(ii) The height of 1 additional antenna with separation from the
nearest existing antenna not to exceed 20 feet
(a)(b) An increase in height causing a contradiction or modification to facts
or conditions relied upon by the County during action on the
original permit request that changes the impact of the project.2
(c) The addition of an appurtenance to the body of the telecommunication
facility that protrudes horizontally from the edge of the wireless support
structure the greater of:
(i) More than 20 feet or
a.(ii) More than the width of the wireless support structure at the level
of the appurtenance.
Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable.3
(ii)(d) Increasing the square footage of the existing equipment compound by
more than 2,500 square feet.
(e) A demonstrably substantial change to the physical dimensions of
the wireless support structure altering the facts relied upon by the
County in order to acquire the original permit.
1 Staff has added language from the Session Law into this Section of the UDO to further detail what constitutes a
‘modification’ to a telecommunication facility.
2 Language recommended by the County Attorney’s office clarifying when a change in tower height constitutes a
‘modification’ requiring Board review.
3 This additional language is taken directly from NCGS 153A-349.51 (7a).
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Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-22
(11)
(C) The Planning Director shall, before making a determination as to whether a proposed
action is a minor change or a modification, review the record of the proceedings on the
original application for approval of the Special
Use. The determination shall be based upon the
request of the applicant, the review of the record
of the approval of the original request and the
Planning Director’s findings under the criteria of
subsection (B) above.
(D) The Planning Director shall, if it is determined that
the proposed action is a minor change, state the
findings in writing to the applicant. The applicant
shall file an amended site plan, or written
statement, outlining in detail the minor change(s)
proposed. The Planning Director shall file the
amended site plan or written statement with the
approved site plan.
(E) If it is determined that the proposed action is a
modification, the Planning Director shall require
the applicant to submit a request for modification
of the approved special use permit. The following
procedures shall be adhered to in the case of a
modification:
(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 that approved the
original application.
(3) The Board shall set a public hearing to receive testimony concerning the
modification request. Any public hearing called pursuant to a modification of an
approved special use permit shall be held in conformity with the relevant public
notification requirements contained in this Article.
(4) The Board may approve, approve with conditions, or deny the application for a
modification.
(5) The Planning Director shall file the Board's action in the Planning Department as
an amendment request to the original application and shall notify the applicant of
the Board’s action.
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 Zoning Atlas and Unified Development Ordinance
Amendment is shown in the procedure’s flowchart.
Decision by the BOCC
Staff Assessment
and Analysis
Planning Board Review
and Recommendation
Schedule/Advertise
Public Hearing and
Mail Required
Notifications
Hold Public Hearing
and Receive Public
Comments
Zoning Atlas and
UDO Amendments
Application
Submittal
65
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-80
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Erosion Control permits to re-stabilize the property. The
time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
(f) Upon removal of the facility, the Department shall cause a notice to be
recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan (“Plan”)
(A) The Plan is intended to assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County’s zoning jurisdiction where property owners have expressed
formal, written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E) Modification of the Plan may be considered annually at the February Quarterly Public
Hearing. Any applicant requesting modification of the Plan shall make application to the
Planning Director on or before December 1st of each year. The fee for modifying the
Plan shall be that as set forth in the Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-81
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B) Applicability
(1) By December 31st of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
(1) The meeting shall occur by the end of January of each calendar year.
(2) Attendees shall include all carriers and tower companies who have either filed
applications the previous year or anyone who has expressed an interest in filing
an application to construct a telecommunication support facility within the County.
(3) The County shall notify each party of the date, time, and place of the meeting no
later than 30 days prior to the meeting.
(4) Those individuals/firms intent on submitting development applications are
expected to attend the meeting. While a lack of attendance will not prevent the
submittal of an application, it will prevent the applicant’s ability to participate in
the discussions outlining the areas of concentration for the location of
telecommunication support structures for that given year.
(D) Applications for the development of telecommunication support structures shall be
processed in accordance with the provisions of this Ordinance.
5.10.4 Existing Wireless Telecommunications Support Structures
(1) Telecommunications equipment as accessory uses may be placed on existing
wireless support structures in accordance with the provisions of this Ordinance.
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-82
(2) Notwithstanding the other provisions of Section 5.10, telecommunications towers
in existence as of December 10, 2002, may be replaced with a wireless support
structure of equal or less visual impact after approval by the Planning Director.
However, if the proposed new wireless support structure would not be consistent
with the minimum standards under Section 5.10, replacement must be approved
as provided for in this Ordinance.
5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or
Accessory Uses
(A) Wireless telecommunications support structures shall be permitted as a principal or
accessory use in accordance with the Table of Permitted Uses and as follows:
(1) On property owned by the County or any public entity, except those designated
as historic properties or sites, the County may, in its sole discretion as the owner
of the property, authorize the application and use of County property after the
applicant executes a lease agreement acceptable to the County.
(2) Wireless telecommunications facilities, as part of existing utility poles shall be
permitted as an accessory use. Wireless facilities shall be constructed as part of
the existing utility poles or as replacements for the existing utility poles. No
freestanding towers constructed exclusively for personal wireless services shall
be permitted within utility easements.
(3) The placement of new wireless telecommunications support structures shall be in
accordance with the Table of Permitted Uses, except as permitted in the Master
Telecommunications Plan (“Plan”) or by Section 5.10.6 of this Ordinance.
5.10.6 Administrative Approval of Certain Telecommunication Facilities
(A) Applicability
The following telecommunication facilities may be approved administratively by the
Planning Staff provided that all of the provisions contained in Section 5.10 are met:
(1) New stealth telecommunications wireless support structures up to 75 feet in
height that are sufficiently disguised so as to minimize visual impact;
(2) Any wireless support structure less than 75 feet in height;
(3) Any wireless support structure less than 200 feet in height located on property
that is owned or leased by Orange County; and
(4) Any wireless support structure less than 200 feet in height on which the owner of
such facility permits the County to collocate its wireless facilities on the structure
at no charge to the County when the location of such facility is of benefit to the
County as determined in the sole discretion of the County.
(5) A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(6) Collocation applications meeting the following requirements:
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attached consistent with Section 2.7.14 of the
Ordinance. 4
4 NCGS 153A-349 now allows for modification of an existing, permitted, telecommunication facility under certain
set parameters. Staff has included a new definition of ‘Substantial Modification – Telecommunication Facility’ in
Article 10 of the UDO to incorporate this allowance. Staff is including language within the proposal, specifically in
Section 2.7.14, requiring additional permitting if the height of the tower is increased beyond what was originally
68
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-83
(b) The proposed additional facility will not increase the ground space
approved in the site plan for equipment enclosures and ancillary
facilities.5
(c)(b) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
(d)(c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(e)(d) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of this Ordinance.
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
(1) To minimize adverse visual impacts, stealth antenna types shall be preferred. If
a non-stealth antenna is proposed, the application shall be required to
demonstrate, in a technical manner acceptable to the Planning Director, why the
stealth antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot be used
for the particular application. This does not preclude a combination of the
various types of antennas.
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
(B) Standards for Stealth Rooftop or Building, Water Tower, or Transmission Line
Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building, Water Tower, or Transmission Line Mounted
Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the building or support
structure, water tank, or transmission line;
(2) Commercial advertising shall not be allowed on an antenna;
(3) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
approved by the County (i.e. over 200 feet required a Class A Special Use Permit) or if additional State/Federal
regulations have to be adhered to, most notably a lighting requirement. 5 Staff deleted this section as new State regulations allows for an increase in existing equipment compounds
associated with the review/processing of a collocation application.
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Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-84
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building, water tank, or transmission
line;
(6) If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
(8) Approval of the Planning Director to ensure consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to, colors and screening
devices.
(C) Standards for Non-Stealth Rooftop or Building, Water Tank or Transmission Line
Mounted Antennas
In addition to the standards established in Sub-Section (A) above, the following are
applicable to all Non-Stealth Mounted Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure, water tank, or transmission line;
(2) Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3) Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact of the antenna upon adjacent properties and shall be
of a material or color which matches the exterior of the building or structure upon
which it is situated;
(4) Commercial advertising shall not be allowed on an antenna;
(5) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8) Antennas may be located on utility poles pursuant to the following regulations:
(a) The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(b) The utility poles shall be located on public property, within public
easements, or public rights-of-way.
(c) The antenna shall be of a size and placement that is structurally
compatible with the engineering design of the pole pursuant to the North
Carolina State Building Code and attested to by a professional engineer
licensed in the State of North Carolina, and competent to evaluate
antenna choices.
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-85
(d) The antenna shall not extend more than ten feet above the existing pole
height. If the pole is replaced to withstand the addition of
telecommunications equipment, then the same restriction shall apply
except that the utility pole may be 20 feet higher than the adjacent pole
heights.
(e) Placement of an antenna on a utility pole shall only be on poles owned or
operated by a public utility authorized to operate in the County, a County
franchisee, or Orange County.
(f) All relocation costs associated with any relocation of the antenna
necessitated by roadway or sidewalk improvements shall be borne by
the telecommunications provider.
5.10.8 Wireless Telecommunications Support Structures – Submittal and Review Requirements
(A) General Submittal Requirements for all Telecommunication Support Structures
(1) Submittal Requirements
(a) A site plan and site plan application package prepared in accordance
with Section 2.5 shall be presented for approval to the Planning Division
including all requirements for site development plan approval as
required.
(b) A detailed description of the proposed telecommunication support
structure (i.e. monopole, self-supporting lattice, etc.) including a detailed
narrative description and explanation of the specific objective(s) for the
new facility including a description as to the coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
geographic area of intended coverage for the proposed
telecommunication support structure.
(c) Elevation drawings and color renderings of the proposed tower showing:
(i) The vertical rendition of the telecommunication support
structure(s) identifying all users and attachments,
(ii) All related fixtures, structures, appurtenances and apparatus
including the height of said structures above the lowest adjacent
pre-existing grade,
(iii) The materials that will be used on site for said structures
including their color and any proposed lighting and shielding
devices, and
(iv) If the facility is intended to be a stealth, as defined herein, the
colors and screening devices for the Planning Director to verify
consistency with applicable definitions.
(d) A signed statement from the applicant certifying that the proposed
telecommunication support structure:
(i) Shall be maintained in a safe manner,
(ii) Is in compliance with all conditions of all applicable permits and
authorizations without exception, and
(iii) Is in compliance with all applicable and permissible local, State,
and Federal rules and regulations.
(e) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
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describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(f) A statement stating how the proposed tower will minimize visual
intrusiveness to surrounding properties in the area. Criteria that may be
used for such evidence may be height and type of existing trees
surrounding the proposed tower, and local topography.
(g) A copy of the installed foundation design including a geotechnical sub-
surface soils investigation, evaluation report, and foundation
recommendation for the proposed wireless support structure.
(h) The existing cell sites (latitude, longitude, power levels) to which this
proposed site will be a handoff candidate.
(i) Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites. This will include all of the
modeling information used to produce the study including, but not limited
to, any assumptions made about ambient tree height.
(j) The search ring utilized in finding the proposed site.
(k) The number, type, height, and model of the proposed antennas along
with a copy of the applicable specification sheet(s).
(l) The make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site. This will include
documentation establishing the azimuth, size, and centerline height
location of all proposed and existing antennas on the structure.
(m) The frequency, modulation and class of service of radio or other
transmitting equipment.
(n) The maximum transmission power capability of all radios, as designed, if
the applicant is a cellular or functional equivalent carrier, or the maximum
transmission power capability, as designed, of all transmission facilities if
the applicant is not a cellular or functional equivalent carrier.
(o) The actual intended transmission and the maximum effective radiated
power of the antenna(s).
(p) The direction(s) of maximum lobes and associated radiation of the
antenna(s).
(q) Certification that the NIER levels at the proposed site are within the
threshold levels adopted by the FCC.
(r) Certification that the proposed antenna(s) will not cause interference with
other telecommunications devices.
(s) A written affidavit stating why "the proposed site is necessary for their
communications service" (e.g., for coverage, capacity, hole-filling, etc.)
and a statement that there are no existing alternative sites within the
provided search ring and there are no alternative technologies available
which could provide the proposed telecommunications service need
without the tower.
(t) A copy of the FCC license applicable for the intended use of the facility
as well as a copy of the 5 and 10 year building out plan required by the
FCC.
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Some or all of items listed in (h) through (r) may be required to be provided on a
propagation study data form to be provided by the County.
(2) Additional Submittal Requirements – Co-locationCollocation6 of Antennas
In addition to the requirements denoted herein, applications for the co-
locationcollocation of antennas on existing structures shall be required to submit
the following:
(a) The age of the existing tower in years, including the date of the grant of
the original permit or authorization for the existing tower;
(b) For a wireless support structure that is five years old or older, or for a
guyed structure that is three years old or older, a copy of the latest ANSI
Report done pursuant to the latest edition of ANSI-EIA/TIA 222F – Annex
E for any self-supporting tower. If an ANSI report has not been done
pursuant to the preceding schedule, an ANSI report shall be done and
submitted as part of the application. No Building Permit shall be issued
for any wireless support structure where the structure being attached to
is in need of remediation, unless and until the County Planning and
Inspections Department has approved all remediation work needed has
been completed or a schedule for the remediation work.
(c) A Structural Report signed by a Professional Engineer licensed to do
business in the State and bearing that engineer’s currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
including any equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
(d) If attaching to a structure other than a tower or where the proposed
attachment is within 30 feet of areas to which the public has or could
reasonably have or gain access to, documentation shall be provided,
including all calculations, proving that the potential exposure to RF
radiation (i.e. Non-Ion Emitting Radiation), will be comply with the most
recent FCC regulations governing RF radiation and exposure thereto,
and further denoting the minimum distance from any antennas an
individual may safely stand without being exposed to RF radiation in
excess of the FCC’s permitted standards and any portion(s) of the
structure that would be exposed to RF radiation in excess of the FCC’s
permitted standards. Compliance with the FCC’s regulations, in such an
instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
(e) If the modification or antenna array Collocation collocation 7is 30 feet or
more above ground level, then a signed document such as the FCC’s
“Checklist to Determine whether a Wireless support structure may be
Categorically Excluded” shall be provided to verify that the modification
or antenna array co-locationcollocation will fully comply with the current
FCC’s RF emissions regulations. If not categorically excluded, a
complete RF emissions study is required to enable compliance
verification, including providing all calculations so that such may be
verified prior to issuance of a Building Permit;
If any section or portion of the structure to be attached to is not in
compliance with the FCC’s regulations regarding RF radiation, that
6 Correction of spelling to ensure consistency within the UDO.
7 Correction of a grammatical error. There is no need for the word to be capitalized.
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section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC’s regulations,
and be marked off with yellow and black striped warning tape or a
suitable warning barrier, as well as placing RF radiation signs as needed
and appropriate to warn individuals of the potential danger;
(f) A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
(3) Standards of Evaluation – Co-locationsCollocations and Towers Requiring
Administrative Approval
(a) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified pursuant to
the standards of this Ordinance.
(b) Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with lightening rod, to be
located atop the tower structure.
(c) Telecommunications towers shall conform with all of the requirements of
this Ordinance.
(d) All towers shall be engineered to allow for co-locationscollocations. No
co-locator shall be refused access for co-locationcollocation by charging
exorbitant lease fees. Public safety provider co-locationscollocations
shall take priority over other co-locators.
(e) A telecommunications consultant shall provide Planning Staff assistance
on exorbitant rate leases.
(f) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(g) Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant’s search ring.
(h) Prior to issuing a building permit for the collocation of an antenna array
on an existing facility, an applicant shall demonstrate that the collocation
is located appropriately on the facility with the overall goal being to
preserve the carrying capacity of the facility for future collocations and to
minimize the visual intrusiveness and impact, including the profile of the
facility.
(i) In determining the necessary height for a facility, or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer’s published specifications for the customer equipment.
(j) Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(l) No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
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structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-support/lattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B) General Submittal Requirements – Special Use Permits
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance, applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the co-locationcollocation of wireless
telecommunications equipment and mitigating the visual effect of a
wireless telecommunication support structure to an extent not
commercially impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test
(a) The applicant shall, at least six weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, conduct a balloon test whereby the applicant
shall arrange to fly, or raise upon a temporary mast, a minimum of 10’3”
in length, brightly colored red or orange balloon at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates (including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
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(f) The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates, times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3) Submittal Requirements
In addition to the information required herein as well as Section 2.7, the following
shall be submitted as part of the application:
(a) A site plan showing the following:
(i) The entire site (including property boundary lines) and size of all
existing structures within 500 feet of the site,
(ii) Existing and proposed structures on site,
(iii) The fall zone of the tower,
(iv) Existing and proposed topography at a contour interval of five
feet and
(v) Any officially designated floodways and floodplains, or the
presence of alluvial soils.
(b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material, along with the make, model, and
manufacturer of the proposed structure, maximum antenna heights, and
power levels.
(c) A Landscape and Tree Preservation Plan drawn at the same scale as
the site plan, showing the existing and proposed trees, shrubs, ground
cover and other landscape materials. This plan shall minimize adverse
visual effects of wireless telecommunications support structures and
antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(d) Evidence that the applicant has investigated the possibilities of placing
the proposed equipment on an existing wireless support structure. Such
evidence shall consist of:
(i) A listing of all wireless telecommunications support structures
within a two mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, utility
poles and other structures in the vicinity of the proposed facility
that are technically feasible for utilization by the applicant to fill
all or a substantial portion of the telecommunications service
need identified by the Applicant pursuant to section
5.10.8(A)(1)(s). Documents shall be submitted at the time of
application filing that indicates the applicant’s ability or inability to
co-locate on the identified tower(s) and reasons why.
(ii) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing wireless support structures within the search ring:
a. Wireless telecommunication support structure height;
b. Existing and planned wireless support structure users;
c. Whether the existing wireless telecommunication
support structure could accommodate the
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telecommunication equipment to be attached to the
proposed wireless support structure without causing
structural instability or radio frequency interference; and
d. If the proposed telecommunication equipment cannot be
accommodated on the existing wireless
telecommunication support structure, assess whether
the existing wireless support structure could be
structurally strengthened or whether the antennas
transmitters and related equipment could be protected
from electromagnetic interference, and generally
describe the means and projected cost of shared use of
the existing wireless support structure; and
e. Any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the wireless support
structure;
f. Propagation studies of all adjoining planned, proposed,
in-service, or existing sites, and;
g. Any additional information requested by the County.
(iii) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
(e) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of 12
months.
(g) A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Sections 2.7.5 and 2.7.6 of this Ordinance.
(h) A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(i) Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(j) A notarized statement that the sign posting requirement has been met.
(k) Photographs of a clearly visible balloon floated at the proposed tower
location to the maximum height of the tower, as well as photographs with
the proposed tower and associated antennas superimposed upon them
showing what the proposed tower will look like. Photographs shall be
taken from locations such as: property lines, and/or nearby residential
areas, historic sites, roadways, including scenic roads and major view
corridors, and other locations as deemed necessary by the Planning
Staff to assess the visual impact of the proposed tower.
(l) The Special Use Permit application shall include a statement that the
facility and its equipment will comply with all federal, state and local
emission requirements.
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(m) An Applicant may be required to submit an Environmental Assessment
Analysis and a Visual addendum. Based on the results of the Analysis,
including the Visual addendum, the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre-application meeting.
(n) If required, a Visual Impact Assessment, which shall include:
(i) A “Zone of Visibility Map” shall be provided in order to determine
locations from which the tower may be seen.
(ii) Panorama photo simulations of the proposed wireless support
structure, superimposed on the existing landscape, to scale,
showing “before and after” views including but not limited to
State highways and other major roads; State and local parks;
other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or
residents
(iii) An assessment of the visual impact of the wireless support
structure base, guy wires and accessory buildings from abutting
and adjacent properties and streets shall be considered to
determine the need of screening.
(o) All applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
(p) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(4) Standards of Evaluation
(a) The telecommunications equipment planned for the proposed wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
(i) The planned equipment would exceed the structural capacity of
existing and approved wireless support structures, considering
existing and planned use of those wireless support structures
and the wireless support structures cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
(ii) The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
wireless support structures, and the interference cannot be
prevented at a reasonable cost.
(iii) Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can function
effectively and reasonably in parity with similar existing or
approved equipment.
(iv) No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its intended
manner.
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(b) Location of Wireless Support Structures
(i) Applicants for facilities shall locate, site and erect said facilities
according to the following priorities, in the following order:
a. On existing County-owned facilities without increasing
the height of the tower or structure.
b. On existing Facilities without increasing the height of the
tower or structure.
c. On County-owned properties or facilities.
d. On properties in areas zoned for commercial or industrial
use.
e. On properties in areas zoned Agricultural Residential
(AR).
f. On properties in areas zoned for residential use.
(ii) If an Applicant proposes to place telecommunications equipment
at a location that is not a preferred priority 1 site, then the
Applicant must provide a detailed explanation as to why a higher
priority site is not proposed. The explanation shall be in the form
of a written report demonstrating the Applicant’s review of the
above locations in order of priority and the reason(s) for the site
selection. The explanation shall, at a minimum, include the
information required by section 5.10.8(B)(3)(e).
(iii) The application shall not be approved unless it demonstrates
that the telecommunications equipment may not be sited at a
higher priority site because of commercial impracticability or
because no higher priority site is available that would serve to
provide the telecommunications service need identified by the
Applicant as provided for in section 5.10.8(A)(1)(s).
(iv) An Applicant may not by-pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting co-
locationcollocation shall not be a valid basis for any claim of
commercial impracticability.
(v) Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, an application
shall not be approved if it conflicts with the provisions and
requirements of this Ordinance.
(vi) Wireless support structures shall not be located within one-half
(½) mile of any existing monopole, lattice or guyed wireless
telecommunications support structure.
a. An exception may be allowed when the applicant can
sufficiently demonstrate that:
i. Appropriate space on the existing
telecommunication wireless support structure is
not available; or
ii. The applicant has made good faith effort to
negotiate an agreement with the owner of the
existing wireless telecommunication support
structure and has been unsuccessful, which
must be documented in writing; or
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iii. The telecommunication equipment on the
existing wireless telecommunication support
structure is not compatible with the proposed
telecommunication equipment of the applicant;
or
iv. Adequate coverage by the applicant cannot be
met at the location of the existing wireless
telecommunication support structure; or
v. The existing wireless telecommunication support
structure cannot be reasonably modified to
accommodate additional co-locationcollocation
by the applicant.
b. Exceptions shall only be allowed after a thorough
analysis of the search area, provided by the applicant is
performed by the County’s consultant or Staff, indicating
that coverage is not possible on an existing wireless
support structure at the four-carrier capacity or other
user capacity that can be achieved. There must be an
80% approval vote of the deciding board for this specific
finding to pass the exception criteria.
(c) Setbacks
(i) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the wireless support structure to the
property boundary shall be equal to 110% of the wireless support
structure height.
(ii) If the wireless support structure is proposed as an accessory use
to a residential use, the setback shall be 110% of the wireless
support structure height from any residence or dwelling unit on
the subject property.
(iii) Adjacent to non-residential uses or non-residential zoning
districts, minimum setbacks from the base of the wireless
support structure to the property boundary shall be the greater of
20% of the tower height, or the minimum required setback.
(iv) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower wireless support
structure shall conform with the setbacks established for the
zoning district or as established through the subdivision process,
whichever is greater.
(d) Access
(i) At a wireless telecommunications support structure site, an
access road, turn around space and parking shall be provided to
assure adequate emergency and service access.
(ii) Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(iii) Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation.
(iv) Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion.
(e) Landscaping and Buffers
(i) A Type C Landscape Buffer shall be provided between the
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wireless support structures and its accessory structures and
adjoining property/properties.
(ii) Existing vegetation may be removed only to the extent
necessary to accommodate the wireless support structures,
equipment buildings, and support structures such as guy wires.
(iii) Plantings around the compound perimeter, outside of any fence
or wall, shall be composed entirely of fast growing evergreen
vegetation.
(iv) New plantings and existing vegetation used for screening shall
be at least six feet in height or greater at planting.
(v) Proposed plantings (name, type, height) shall be shown on the
Landscape Plan for the facility.
(vi) Landscaping shall provide a screen on a year-round basis.
(f) The visibility of the balloon to adjacent properties and the surrounding
area shall not constitute sole justification of denial of a permit application,
but is an indication of what location on the site may be less visually
intrusive.
(g) The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
(h) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant.
(i) All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
County, including specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
(j) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(k) Fences and Walls
(i) An eight foot fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound.
(ii) Fences shall be required around guy wire tie downs
(iii) A fence or wall may be placed around the perimeter of the facility
to include guy wire tie downs and associated equipment should
the applicant/owner wish to do so.
(l) The communications tower is structurally designed to support additional
users as provided for in Section 5.10.8(A)(3)(d), and the Special Use
Permit includes a statement that the owner of the wireless support
structure is willing to permit other user(s) to attach communication
equipment which do not interfere with the primary purpose of the
wireless support structure, provided that such other users agree to
negotiate a reasonable compensation to the owner from such liability as
may result from such attachment.
(m) To minimize the number of antenna arrays and thus the visual impact,
the County may require the use of dual mode antennas to be used,
including by two different carriers, unless it can be proven that such will
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not work technologically and that such would have the effect of
prohibiting the provision of service in the County.
(n) Structures shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
(o) Both the wireless telecommunications support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to
harmonize with the natural surroundings, this shall include the utilization
of stealth technology as may be required by the County.
(p) Antennas
(i) All new or replacement antennas, except omni-directional whip
antennas, shall be flush-mounted or as close to flush-mounted
as is technologically possible on any facility, so long as such
does not have the effect of prohibiting the provision of service to
the intended service area, alone or in combination with another
site(s), unless the applicant can prove that it is technologically
impracticable.
(ii) If attached to a building, all antennas shall be mounted on the
facie of the building and camouflaged so as to match the color
and, if possible, texture of the building or in a manner so as to
make the antennas as visually innocuous and undetectable as is
possible given the facts and circumstances involved.
(q) Lighting
(i) The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
preferred choice.
(ii) If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii) For any facility for which lighting is required under the FAA’s
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv) All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
(s) Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
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telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or
service them.
(t) All abandoned communication wireless support structures shall be
removed within 12 months of the cessation of use. A bond or other
security guaranteeing the removal of the tower in the event that it is
abandoned or unused for a period of 12 months shall be posted. A cost
estimate shall be provided by a qualified General Contractor licensed in
the State of North Carolina. The amount of the security shall be 110% of
the estimate.
(u) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Special Use Permit shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
(v) Electro-Magnetic Radiation Levels
(i) The Special Use Permit shall include a condition that the electro-
magnetic radiation levels maintain compliance with requirements
of the FCC, regarding emission of electromagnetic radiation.
(ii) Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in
the future, the tower owner shall provide documentation of
emission levels in relation to FCC standards.
(iii) In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by
Orange County.
(iv) Orange County may make such requests at any time, not to
exceed two times per year.
(w) “High Voltage”, "No Trespassing" and Other Signs
(i) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE - DANGER" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(ii) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(iii) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six inches in
height. The two warning signs may be combined into one sign.
The warning signs shall be installed at least five feet above the
finished grade of the fence.
(iv) The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required) shall
be attached to the tower structure in compliance with federal
regulation.
(v) Facilities shall contain a sign no larger than four square feet to
provide adequate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF
radiation within a given area.
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(vi) A sign no larger than four square feet containing the name(s) of
the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s) shall be installed. The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet.
(vii) On tower sites, an FCC registration sign, as applicable, is also to
be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting.
(viii) The use of any portion of a tower for signs or advertising
purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
(ix) Mobile or immobile equipment not used in direct support of a
tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being
made.
(5) Bond Security
(a) The applicant and the owner of record of any proposed facility property
site shall, at its cost and expense, be jointly required to execute and file
with the County a bond, or other form of security acceptable to the
County as to type of security and the form and manner of execution, in
an amount of at least $75,000.00 for a tower and with such sureties as
are deemed sufficient by the County to assure the faithful performance of
the terms and conditions of this Section and conditions of any Special
Use Permit issued pursuant to this Section.
(b) The full amount of the bond or security shall remain in full force and
effect throughout the term of the Special Use Permit and/or until any
necessary site restoration is completed to restore the site to a condition
comparable to that, which existed prior to the issuance of the original
Special Use Permit.Tower Inspection
(6) Liability Insurance
(a) A holder of a Special Use Permit for a wireless support structure shall
secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the Special Use Permit in the following amounts:
(i) Commercial General Liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000
aggregate; and
(ii) Automobile Coverage: $1,000,000.00 per occurrence/
$2,000,000 aggregate; and
(iii) A $3,000,000 Umbrella coverage; and
(iv) Workers Compensation and Disability: Statutory amounts.
(b) For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as
an additional insured. The insurance policies shall be issued by an
agent or representative of an insurance company licensed to do
business in the State and with a Best’s rating of at least A.
(c) The insurance policies shall contain an endorsement obligating the
insurance company to furnish the County with at least 30 days prior
written notice in advance of the cancellation of the insurance.
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(d) Renewal or replacement policies or certificates shall be delivered to the
County at least 15 days before the expiration of the insurance that such
policies are to renew or replace.
(e) Before construction of a permitted facility is initiated, but in no case later
than 15 days prior to the grant of the building permit, the holder of the
Special Use Permit shall deliver to the County a copy of each of the
policies or certificates representing the insurance in the required
amounts. A Certificate of Insurance that states that it is for informational
purposes only and does not confer rights upon the County shall not be
deemed to comply with this Section.
(C) General Building and Inspection Standards for all Telecommunication Support
Structures
(1) Tower Inspection
(a) Telecommunication tower owners shall submit a report to the County
Inspections Division certifying structural and electrical integrity upon
completion of the initial construction and at intervals as specified in this
Section.
(b) Inspection records shall be kept by the tower owner and made available
upon request to the Inspections Division during regular business hours.
(c) The following inspection schedule shall be followed, except in cases
where a tower has no structures other than those associated with
telecommunication tower use located within the tower’s fall zone.
(i) At least once every 36 months, or 36 months from the date of a
co-locationcollocation approval, a structural engineer who is
regularly involved in the maintenance, inspection and/or erection
of telecommunications towers shall inspect the tower and submit
a report to the Inspections Division within a reasonable time
thereafter. At a minimum, this inspection shall be conducted in
accordance with the provisions of this Ordinance and in
accordance with the tower inspections check list provided in the
EIA-222 (as amended from time to time). This is considered a
major inspection review.
(ii) At least once every 12 months, a visual inspection from the
ground shall be conducted by a properly trained staff member of
a tower provider or tower consultant and a report shall be filed
with the Inspections Division within a reasonable time thereafter.
This inspection shall include, but shall not be limited to, visual
inspection of tower foundations, structures, guys, and
connections for evidence of settlement or later movement; soil
erosion; condition of paint or galvanizing; rust or corrosion, loose
or missing bolts, loose or corroded lightning protection
connectors; tower plumbness, significant variation in guy sags
(i.e. tensions), and other material areas or matters relating to the
structural integrity of the tower. This is considered a minor
inspection review.
(iii) In addition to the regularly scheduled major and minor
inspections set forth herein, a minor inspection, at a minimum,
will be conducted if the tower or its appurtenances are noted at
any time to be visibly damaged. Additionally, a major inspection
shall be conducted if the visible damage to the tower is
significant or when, after conducting a minor inspection,
significant questions remain about the structural integrity of the
tower.
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(d) The Inspections Division may conduct periodic inspections of
telecommunications towers to ensure electrical integrity. The owner of
the telecommunication tower may be required by the County to have
more frequent inspections should there be reason to believe that the
electrical integrity of the tower is jeopardized. The County reserves the
right to require additional inspections if there is evidence that the tower
has a safety problem or is exposed to extraordinary conditions.
(e) Any tower found, through inspection by the owner or by inspection of the
Inspections Division, to be structurally unsafe and cannot be brought into
compliance within 180 days shall be removed at the owner’s expense.
(f) Current or former EIA standards shall apply to the addition of antennas
or other appurtenances to communications towers under the following
conditions:
(i) Additions to towers constructed prior to the effective date of this
Ordinance, regardless of whether the additions are accounted for
in the original design, shall comply with the current EIA
standards, and the wind loading specified therein. Additions to
towers constructed subsequent to the effective date of this
Ordinance shall comply with standards set forth elsewhere in this
Section.
(ii) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
(iii) Replacement of antennas or other appurtenances shall at a
minimum comply with the EIA standard in existence at the time
the tower was erected if the replacement does not add to the
original design loading.
(iv) If a structural analysis shows a tower is not in compliance with
the appropriate EIA standards, the owner shall submit an
application to the Inspections Division with a plan to bring the
tower into compliance within six months.
(v) Analysis of Existing Towers
a. Within 12 months of the effective date of this Ordinance
an analysis commissioned by tower owners and
prepared by a North Carolina Licensed Professional
Engineer (P.E. Analysis) shall be performed on all
towers in excess of 100 feet in height and shall be
submitted to the Inspections Division.
b. The analysis shall determine the tower’s compliance or
lack thereof with the EIA standard in effect at the time
the tower was constructed and when the most recent
structural loading change was made.
c. For all towers less than six years old, a current existing
P.E. analysis of the tower may be submitted in lieu of the
new P. E. analysis required above.
d. If the tower does not meet the aforementioned EIA
standards, the letter or existing P.E. analysis shall
include the types of modifications that would be required
to bring the tower up to standard.
e. All existing towers shall be subject to the annual
electrical inspection conducted by the Inspections
Division including any associated inspection fees.
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f. The Inspections Division shall be notified in writing when
a required analysis is complete. A copy of the analysis
report shall be made available to the County Inspections
Division upon request. That report shall also give details
of the net result of any changes made to the tower or its
appurtenances since the last inspection.
(D) Fees
(1) A filing fee as set by the Board of County Commissioners shall be paid upon
application for a Site Plan/Zoning Compliance Permit Application, a Building
Permit application, or Special Use Permit.
(2) An inspection fee is due the County at the time of all required future inspections
as detailed within Section 5.10.8(C)(1)(c) of this Ordinance. Such fees may
reflect the County’s fully allocated costs, and shall not exceed such costs.
(3) Public land or right-of-way lease agreements shall be established by separate
instrument and recorded prior to the issuance of Building Permits.
(4) Consultant Fee. Regardless of the type of telecommunication support structure
proposed (i.e. administrative approval, special use permit, co-locationcollocation,
etc.) an applicant is required to submit a fee to cover the County's
telecommunications consultant to review the application. An escrow account of
an amount determined by the Board of County Commissioners, as denoted on
the adopted fee schedule, shall be paid by check to Orange County to pay
associated consultant review fees during all phases of the application review
process. The Board of County Commissioners shall determine the amount of
charges or fees assessed to an applicant on account of an outside consultant in
advance and incorporate these charges and fees into an application fee that is
based on the reasonable costs of the services the County incurs in connection
with the application review. The fees and charges paid by the applicant for the
services of a consultant shall not exceed what is usual and customary for
wireless facilities and support structures. The foregoing does not prohibit the
County from imposing additional reasonable cost-based fees for the actual costs
incurred by the County for a consultant's review of an application due to
amendments or revisions to the original application. The amount of the
consultant charges incorporated into the application fee shall be separately
identified and disclosed to the applicant upon request. A partial escrow payment
of $1,000 shall be submitted at the pre-application meeting to cover associated
consulting fees incurred prior to the formal submittal of an application. The
escrow amount required at the formal application submittal shall be reduced by
the $1,000 partial payment amount. 8Any unused funds in the account after
either the approval of the Certificate of Occupancy (CO), or the expiration of the
Special Use Permit approval, whichever is sooner, shall be returned to the
designated party.
5.10.9 Removal of Wireless Support Structures and Facilities
(A) The owner of any facility shall be required to provide a minimum of 30 days written notice
to the County Clerk prior to abandoning any facility.
(B) County Determination
Under the following circumstances, the County may determine that the health, safety, and
welfare interests of the County warrant and require facility removal:
8 Staff is deleting references to the payment of fees. The breakdown of fees required for the review of a project is
best handled on the adopted fee schedule and not within the actual Ordinance. We need to rely on the adopted fee
schedule to identify all required fees and not continue to have references to specific dollar amounts within the
Ordinance.
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(1) Facilities that have been abandoned (i.e. not used as facilities) for a period
exceeding 90 consecutive days or a total of 180 days in any 365 day period,
except for periods caused by force majeure or Acts of God, in which case, repair
or removal shall commence within 90 days of abandonment;
(2) Permitted facilities fall into such a state of disrepair that it creates a health or
safety hazard;
(3) Facilities have been located, constructed, or modified without first obtaining, or in
a manner not authorized by, the required Special Use Permit, or any other
necessary authorization and the Special Use Permit may be revoked.
(C) If the County makes such a determination as noted above, then the County shall notify
the holder of the Special Use Permit for the facility within 48 hours that said facility shall
be removed.
(D) The holder of the Special Use Permit, or its successors or assigns, shall dismantle and
remove such facility, and all associated structures, from the site and restore the site to as
close to its original condition as is possible, such restoration being limited only by
physical or commercial impracticability, within 90 days of receipt of written notice from the
County. However, if the owner of the property upon which the facility are located wishes
to retain any access to the facility, the owner may do so with the approval of the County.
(E) If a facility is not removed or substantial progress has not been made to remove the
facilities within 90 days after the permit holder has received notice, then the County may
order officials or representatives of the County to remove the facility at the sole expense
of the owner or Special Use Permit holder.
(F) If the County removes, or causes to be removed a facility, and the facility owner does not
claim and remove it from the site to a lawful location within ten days, then the County
may take steps to declare the facility abandoned, and sell them and their components.
(G) Temporary Use Permit/Agreement
(1) Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the facility, for no more than 90 days,
during which time the holder of the Special Use Permit shall develop a suitable
plan for facility removal, conversion, or re-location, subject to the approval of the
County, and the holder of the Special Use Permit and the County shall execute
an agreement to such plan.
(2) If such a plan is not developed, approved and executed within the 90 day time
period, then the County may take possession of and dispose of the affected
facility in the manner provided in this Section and utilize the bond.
SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose
of Disposal of Household Waste by Orange County Residents
(A) General Standards
(1) The site shall consist of a parcel, or easement across a parcel, (whether owned
or leased by the public agency) which has been recorded by the Orange County
Register of Deeds.
(2) The parcel or easement across the parcel, (whether owned or leased by the
public agency) on which the facility is located shall contain a minimum area of
40,000 square feet.
(3) The parcel or easement shall have frontage on a State maintained road.
(4) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of
the parcel or easement.
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-50
Subdivision, Minor
A division of a tract of land that does not:
a) Create more than five lots, including the residual acreage, from any one tract of land in any 24
month period;
b) Dedicate or improve any new public street other than widening an existing public street;
c) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots;
d) Necessitate the installation of drainage improvements which would require easements through
one or more lots to serve other lots; and
e) At the option of the applicant, involve vesting of the subdivision for a period greater than one
year.
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of “substantial improvement.” Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed. The term does
not, however, include either any 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 any
alteration of a historic structure provided that the alteration will not preclude the structure's continued
designation as a historic structure.
Support System
A combination of footers, piers, caps, and shims that will, when properly installed, support the mobile
home. Masonry walls may be installed as a cosmetic feature.
Telecommunication Facilities, Accessory Use
A use incidental to, subordinate to, and subservient to the principal use of the property. As defined in this
section an accessory use is a secondary use.
Telecommunication Facilities, Antenna
A system of electrical conductor communications equipment that transmits and/or receives
electromagnetic radio signals used in the provision of all types of wireless communications services.
Telecommunication Facilities, Applicant
Any wireless service provider or wireless support structure owner submitting an application for a wireless
facility.
Telecommunication Facilities, Application
A formal request, containing all necessary and required documentation, submitted to Orange County to
construct or modify a wireless support structure or a wireless facility.
Telecommunication Facilities, Base Station
A station at a specific site authorized to communicate with mobile stations, generally consisting of radio
receivers, antennas, coaxial cables, power supplies, and other associated electronics.9
9 The term base station is new to State Law and we are adding the definition to the UDO.
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Telecommunication Facilities, Building Code
The most recently adopted or amended edition of the North Carolina State Building Code.
Telecommunication Facilities, Building permit
An official Orange County administrative authorization to begin construction consistent with the provisions
of N.C.G.S. 153A-357.
Telecommunication Facilities, Collocation
The installation of new wireless facilities on previously approved structures, including wireless support
structures, buildings, utility poles, and water tanks. The placement or installation of wireless facilities on
existing structures, including electrical transmission towers, water towers, buildings, and other structures
capable of structurally supporting the attachment of wireless facilities in compliance with applicable
codes. 10
Telecommunication Facilities, Commercial Impracticability or Commercially
Impracticable
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of
which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy
of the project. The inability to achieve a particular financial return on investment or profit, standing alone,
and for a single site, shall not deem a situation to be commercially impracticable and shall not render an
act or the terms of an agreement commercially impractical.
Telecommunication Facilities, Equipment Compound
An area surrounding or near the base of a wireless support structure within which a wireless facility is
located.11
Telecommunication Facilities, EIA-222
Electronics Industries Association Standard 222 (Structural Standards for Steel Antenna Wireless support
structures and Antenna Support Structures).
Telecommunication Facilities, Equipment enclosure
An enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the
transmission or reception of wireless communication signals.
Telecommunication Facilities, Eligible Facilities Request
A request for modification of an existing wireless tower or base station that involves collocation of new
transmission equipment or replacement of transmission equipment but does not include a substantial
modification.12
Telecommunication Facilities, Existing Structure/Building
For purposes of this Section, any building or structure that currently exist on a parcel of land. Such
structures may include, but shall not be limited to, telecommunications wireless support structures,
overhead transmission line support structures, water tanks, silos, churches, schools, and utility poles.
Telecommunication Facilities, Extraordinary Conditions
Conditions subsequent to a hurricane, flood, tornado, or other natural or other disaster.
Telecommunication Facilities, FAA
The Federal Aviation Administration or its duly designated and authorized successor agency.
10 Our existing definition has, which was taken from State law, been modified to comply with recent changes
adopted as part of the 2013-185 Session Law.
11 Adding a new definition detailed within the Session Law.
12 Adding a new definition detailed within the Session Law. Appropriate reference has also been included within the
telecommunication regulations section of the UDO.
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Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-53
Telecommunication Facilities, Personal Wireless Services (PWS) or Personal
Telecommunications Service (PTS)
As defined and used in the 1996 Telecommunications Act.
Telecommunication Facilities, Repairs and maintenance
The replacement or repair of any components of a wireless facility where the replacement is identical to
the component being replaced or for any matters that involve the normal repair and maintenance of a
wireless facility without the addition, removal or change of any of the physical or visually discernable
components or aspects of a wireless facility that will add to the visible appearance of the facility as
originally permitted, but does not constitute a modification to a wireless facility or support structure.
Telecommunication Facilities, Roofline
The overall ridgeline of the structure, not including cupolas, elevator towers, clock towers or other similar
features.
Telecommunication Facilities, Search ring
The area within which a wireless support structure must be located in order to meet service objectives of
the wireless service provider using the wireless facility or wireless support structure.
Telecommunication Facilities, Self-Support/Lattice Wireless support structure
A tapered structure broad at the base and narrower at the top consisting of cross-members and diagonal
bracing and without guyed support.
Telecommunication Facilities, Stealth or Stealth Technology
A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested
location of such wireless support structures, which shall mean building the least visually and physically
intrusive facility that is not technologically or commercially impracticable under the facts and
circumstances. Stealth technology includes such technology as Distributed Antenna System (DAS) or its
functional equivalent or camouflage where the structure is disguised to make it less visually obtrusive and
not recognized to the average person as a wireless support structure.
Telecommunication Facilities, Substantial Modification
The mounting of a proposed wireless facility on a wireless support structure that substantially changes
the physical dimensions of the support structure.
Telecommunication Facilities, Telecommunication Equipment
Equipment, which is located either upon a telecommunication tower or a structure and includes some
form of antenna for the purpose of transmitting and receiving wireless services.
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Utility pole
A structure that is designed for and used to carry lines, cables, or wires for telephone, cable television, or
electricity, or to provide lighting.
Telecommunication Facilities, Unforeseen Events
Condemnations of existing telecommunications wireless support structures for road projects, casualty of
existing telecommunications wireless support structures, blocking of signals from new construction
necessitating a relocation of a telecommunication wireless support structure, or the need to replace an
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Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-54
existing telecommunication wireless support structure for capacity issues, or for other reasons deemed
necessary by the County Planning Director or his/her designee.
Telecommunication Facilities, Whip Antenna
A cylindrical antenna that transmits and/or receives signals in 360 degrees.
Telecommunication Facilities, Wireless facility
The set of equipment and network components, exclusive of the underlying wireless support structure or
tower, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated
equipment necessary to provide wireless data and wireless telecommunications services to a discrete
geographic area. This may also be referred to as a Personal Wireless Facility.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing for
custodial care under a Class B Special Use Permit or providing temporary residential space during the
installation of a replacement mobile home or construction of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a permanent or semi-permanent foundation.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Tourist Home
A building or group of attached or detached buildings containing, in combination, three to nine lodging
units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by
transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than
transients.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
92
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2013
Action Agenda
Item No. 10
SUBJECT: UDO Text Amendment Related to Board of Adjustment Operation and
Procedures
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form (UDO/Zoning 2013-03)
2. UDO Amendment Package
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To make a recommendation to the BOCC on a Planning Director initiated text
amendment(s) to the Unified Development Ordinance (UDO) relating to incorporating recent
changes in State law related to the Board of Adjustment.
BACKGROUND: This item was presented at the November 25, 2013 Quarterly Public Hearing
where staff indicated the amendments were necessary to ensure recent changes to State law
are incorporated into the UDO. The proposed text amendment would:
• Change the votes necessary for the Board to approve a Special Use Permit application
from 4/5th of members to a simple majority,
• Clarify procedure(s) for requesting and issuing of subpoenas,
• Clarify appeals timeframe for Board of Adjustment decisions to be submitted to Superior
Court, and
• Clarify notification requirements with respect to who is notified of a Board decision.
Agenda packet materials from the hearing can be accessed via the following link:
http://orangecountync.gov/occlerks/131125.pdf. Please refer to Section C.1 (c) of Attachment 1 for
a synopsis of comments made during the hearing.
Attachment 2 contains the proposed amendments with additions shown in red text and
proposed deletions are shown in red strikethrough text as well as footnotes documenting the
rationale for the proposed modification.
Procedural Information: In accordance with Section 2.8.8 of the Unified Development
Ordinance, any evidence not presented at the public hearing must be submitted in writing prior
to the Planning Board’s recommendation. Additional oral evidence may be considered by the
Planning Board only if it is for the purpose of presenting information also submitted in writing.
The public hearing is held open to a date certain for the purpose of the BOCC receiving the
Planning Board’s recommendation and any submitted written comments.
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Planning Director’s Recommendation: The Planning Director recommends approval of the
proposed text amendments. For additional information please refer to Section B.1 and 2 in
Attachment 1.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION: The Planning Director recommends the Planning Board:
1. Deliberate as necessary on the proposed amendments;
2. Consider the Planning Director’s recommendation to approve the text amendment as
detailed in Attachment 2; and,
3. Make a recommendation to the BOCC on the proposed amendments in time for the
January 23, 2014 BOCC meeting.
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-05
UDO Text Amendment(s) incorporating recent changes in State law concerning
procedural and notification requirements for the Board of Adjustment
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 1. Section 2.5 4 Site Plan Review – Procedures and
Timeframes
2. Section 2.10 Variances
3. Section 2.11 Interpretations
4. Section 2.12 Board of Adjustment
5. Section 2.25 Appeals
of the UDO to incorporate recent changes to State law with respect
to items reviewed and by the Orange County Board of Adjustment
Other:
Attachment 1 95
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B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013-126, related to the processing and review of variance,
interpretation/appeal, and special use permit applications by the Board of Adjustment
(BOA).
The Session Law modifies and updates procedural and notification requirements for the
various applications reviewed by the BOA, including:
1. Allowing for a simple majority vote on appeal and special use permit
applications. The General Statutes previously required a four-fifths vote of
BOA members to grant on all applications before them.
It should be noted variance requests are still required to be approved by a
four-fifths vote.
2. Adds new language spelling out the local government’s responsibility for
informing a property owner of public hearings dates/times.
3. Adds new language establishing the manner in which planning decisions can
be advertised. We now have an option of posting a sign on a property where
a zoning decision/determination has been made.
This is in furtherance of allowing for a broader ‘notification’ of planning
decisions to the general public.
4. Clarifies deadlines for filing appeals of BOA decisions with Superior Court.
5. Modifies language establishing the criteria for the issuance/denial of a
variance.
A copy of the Session Law was provided with the November 25, 2013 quarterly
public hearing packet in Attachment 2. Agenda materials from this meeting can be
viewed utilizing the following link: http://orangecountync.gov/occlerks/131125.pdf.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The amendments are necessary to ensure our process is consistent with recent changes
in State Law.
It should be noted staff is not proposing modifications of existing notification standards.
State law, for example, requires we notify adjacent property owners of a hearing by the
BOA on a variance, appeal, or special use permit 10 days prior to said meeting via first
class mail.
The County currently sends this notice via certified mail 15 days prior to the hearing. We
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will not be changing this requirement as part of this amendment process.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
N/A
4. New Statutes and Rules
Session Law 2013-126 An Act To Clarify And Modernize Statutes Regarding Zoning
Board of Adjustment
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 – Approved legal advertisement for the November 25, 2013
Quarterly Public Hearing.
October 2, 2013 – Planning Board Ordinance Review Committee (ORC) (BOCC
members can read agenda materials)
November 25, 2013 – Quarterly Public Hearing
This item was reviewed at the November 25, 2013 quarterly public hearing
where there following questions/comment were made:
1. A Board member asked why existing language, as contained in
Section 2.10.3 establishing when a variance is authorized to be
issued, was being modified.
Concern was expressed the new language appeared to make it easier
to obtain a variance as it was no longer required for an applicant to
demonstrate that:
• In absence of the variance, no reasonable use can be made of
the property, or
• That knowledge of an issue, prior to the purchase of property,
no longer constituted a self-created hardship.
STAFF RESPONSE: The language was being revised to comply with
revisions to State law as embodied in Session Law 2013-126. While
staff shares the concern we are obligated to ensure our standards
mirror State regulations.
2. A Board member asked staff how the change in voting requirements
for Special Use Permits, specifically allowing for a simple majority
versus a 4/5th (i.e. 4 out of 5 members) majority of the Board of
Adjustment to approve a permit, would impact the County.
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The Board member asked if previously denied applications could re-
apply based on the change in voting standards.
STAFF RESPONSE: Section 2.2.8 of the UDO prohibits the submittal
of: ‘the same or similar amendment, affecting the same property or a
portion of it’ for a period of 1 year from the date of denial.
Applicants who have had their Class B Special Use Permit requests
denied will have to wait the required 1 year to re-file the application,
which would then be subject to these revised voting standards. The
change in voting provisions, however, does not impact the ability of a
‘denied’ application to be re-filed in advance of established time limits.
This is somewhat of a moot point as there has not been a Class B
Special Use Permit application denied by the Board of Adjustment that
could take advantage of the new voting standard.
3. Both the County Attorney and staff indicated they did not believe the
changes would have a direct impact on the submittal of variance or
special use permit applications.
Staff indicated there had been only 1 variance case reviewed by the
Board of Adjustment in the last 4 years.
Agenda materials from the public hearing can be viewed at:
http://orangecountync.gov/occlerks/131125.pdf.
January 23, 2014 - Receive Planning Board recommendation.
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
October 2, 2013 – Ordinance Review Committee (ORC).
This item was reviewed at the October 2, 2013 ORC meeting where there
were no comments from Board members.
December 4, 2013 – Recommendation
b. Advisory Boards:
c. Local Government Review:
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d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
Costs of mailings and/or legal notices shall continue to be offset by application fees
for various projects acted upon by the BOA.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
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UDO AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations to incorporate
recent changes in State law with respect to items reviewed and acted upon by the Orange County
Board of Adjustment.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO 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://orangecountync.gov/planning/Ordinances.asp
ATTACHMENT 3
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(G) Effect of Approval
(1) Approval of a CZD is binding on the property and the development and use of the
subject property shall be governed by the Ordinance requirements applicable to
the specific CZD district and all approved conditions.
(2) The applicant shall comply with all requirements established in the CZD
Ordinance. Only those uses and structures included in the CZD Ordinance and
approved site plan shall be allowed on the subject property.
(H) Zoning Atlas Designation
Following approval of the CZD district by the Board of County Commissioners, the
subject property shall be identified on the Zoning Atlas by the appropriate district
designation.
(I) Alterations to an Approved CZD
(1) Except as provided in Section 6.7.2 for MPD-CZ projects, changes to approved
plans and conditions of development shall be treated as changes to the zoning
atlas and shall be processed as an amendment to such as contained in this
Article.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.3 Public Hearing and Notification Requirements – CUD and CZD
The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in
Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7.
SECTION 2.10: VARIANCES
2.10.1 Purpose
The procedures of this section authorize the Board of Adjustment to modify or vary regulations of
this Ordinance when strict compliance with the regulation or standard would result in practical
difficulties or unnecessary hardships upon the subject property.1
2.10.2 Application Requirements
(A) Applications for a Variance shall be submitted on forms provided by the Planning
Department in accordance with Section 2.2 of this Ordinance. Ten copies of the
application and supporting documentation shall be submitted.
(B) Applications shall include:
(1) The section reference, and copy of the existing regulatory language, that is the
subject of the application,
1 Language is recommended for deletion in order to be consistent with recent modificaitons to State law.
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(2) A description of the specific modification sought by the applicant. For example, if
the request is for a modification of a corner lot setback requirement, the applicant
shall provide the exact reduction of the established corner lot setback requested
as part of the application,
(3) A plot plan, site plan, or other similar document(s) denoting the physical impact
of the proposed request on the parcel,
(4) A narrative outlining the answers to the five required findings detailed within
Section 2.10.3 of the Ordinance justifying the issuance of the variance, and
(5) Copies of any additional information deemed essential by the applicant justifying
the approval of the request.
2.10.3 Authorized Variances
A variance may be approved by the Board of Adjustment in cases involving where practical
difficulties or unnecessary hardships would result from carrying out the strict letter of the
Ordinance, when substantial evidence in the official record of the application supports all of the
following findings:
(A) The alleged hardships or practical difficulties are unique and singular to the property of
the applicant and are not suffered in common with other property similarly
locatedUnnecessary hardship would result from the strict application of the Ordinance. It
shall not be necessary to demonstrate that, in the absence of the variance, no
reasonable use can be made of the property.
(B) The alleged hardships and practical difficulties that would result from failure to grant the
variance extend to the inability to use the land in question for any reasonable use in
conformity with the provisions of this Ordinance and include substantially more than mere
inconvenience and inability to attain a higher financial return.2
(C)(B) The hardship results from conditions that are preculiar to the property, such as location,
size, or topography. Hardships resulting from personal circumstances, as well as
hardships resulting from personal circumstances, as well as hardships resulting from
conditions that are common to the neighborhood or general public, may not be the basis
for granting a variance. The variance, if approved, will not substantially interfere with or
injure the rights of others whose property would be affected by approval of the variance.
(D)(C) The variance is in harmony with and serves the general intent and purpose of this
Ordinance and the adopted Comprehensive PlanThe hardship did not result from actions
taken by the applicant or the property owner. The act of purchasing property with
knowledge that circumstances exist that may justify the granting of a variance shall not
be regarded as a self-created hardship.
(E)(D) Approving the variance will result in substantial justice being done, considering both the
public benefits intended to be secured by this Ordinance and the individual hardships that
will be suffered by a failure of the Board of Adjustment to grant a varianceThe requested
variance is consistent with the spirit, purpose, and intent of the Ordinance, such that
public safety is secured and substantial justice is achieved.3
2 Recent revisions to State Law include language indicating it shall: ‘not be necessary to demonstrate that, in the
absence of the variance, no reasonable use can be made of the property’. As a result we can no longer have such
language in the UDO to the contrary.
3 Portions of existing subsections (D) and (E) have been combined to reflect wording changes in State law with
respect to the required findings for the granting of a variance. Staff has modified this entire section to ensure
required findings are consistent with new language in State law.
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2.10.4 Additional Criteria for Authorized Variances – Special Flood Hazard Area Overlay Zoning
District
In addition to the criteria contained within Section 2.10.3, any application for a variance from the
Special Flood Hazard Area Overlay Zoning District 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 District, the Board of Adjustment shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this Ordinance, and:4
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to Orange
County;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the Orange County Comprehensive Plan
and floodplain management program for the area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as 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 one’s own
making.
(C) A written report addressing each of the above factors shall be submitted with the
application for a variance.
(D) Upon consideration of the factors listed above and the purposes of this Ordinance, the
Board of Adjustment may attach such reasonable conditions to the granting of variances
as it deems necessary to further the purposes of this Ordinance.
(E) Variances shall not be issued within any designated floodway or non-encroachment area
if any increase in flood levels during the base flood discharge would result.
(F) Conditions for Variances:
(1) Variances may not be issued when the variance will make the structure in
violation of other Federal, State, or local laws, regulations, or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4 Standards governing the issuance of a variance within a floodplain are consistent with FEMA requirements.
Applicants are still required to demonstrate compliance with these provisions when requesting a variance.
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(3) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in
exceptional hardship;
(c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances; and,
(d) That the circumstances on the subject property are unique to the subject
property and not to properties in general.
(G) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE) and the elevation to which the
structure is to be built and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced reference level
elevation. Such notification shall be maintained with a record of all variance actions.
(H) The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the FEMA and the State of North Carolina upon request.
2.10.5 Additional Criteria for Authorized Variances –Watershed Protection Overlay District
(A) Minor variances for dimensional requirements of the Watershed Protection Overlay
District may be approved by the Board of Adjustment in accordance with Section 2.12 of
this Ordinance.
(B) The Board of Adjustment may approve variance applications to allow the use of off-site
septic easements for lots created before January 1, 1994, and for non-conforming lots of
record.
(C) A description of each project receiving a variance and the reason for granting the
variance shall be submitted for each calendar year to the Division of Water Quality on or
before January 1st of the following year.
(D) All other local governments having jurisdiction within the watershed area and the entity
using the water supply for consumption shall be notified of the variance application at
least 15 days prior to action on the application. The Planning Department shall notify
other local governments via first class mail.
(E) Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the
following provisions:
(1) Through variance procedures of the Board of Adjustment, as described in this
subsection (2.10.5).
(2) Through approval and recordation of a conservation agreement, as provided in
Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County
and a land owner that prohibits development of land in a protected watershed in
perpetuity.
(a) In such cases, a modification of the required impervious surface ratios
may be approved administratively but only to the extent that additional
land in the same watershed is conserved or protected from development.
In such instances, the land that will be subject to a conservation
agreement must be adjacent to the land proposed for development and
for which a modification of the impervious surface ratios is sought.
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(i) As an example, a person owning a 40,000 square foot lot and
subject to a 12% impervious surface ratio would be limited to
4,800 square feet of impervious coverage. If the person's plans
called for 5,500 square feet of coverage (a difference of 700
square feet), the recording of a conservation easement on 5,833
square feet of contiguous property would satisfy the impervious
surface ratio requirements. (12% of 5,833 square feet is 700
square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, in form, be approved by the County Attorney.
(c) The conservation easement shall, upon its recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes) and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(i) Orange County shall require the priority of the conservation
easement to be certified by and attorney-at-law, licensed to
practice law in the State of North Carolina and approved to
certify title to real property by a lending institution (bank or
savings and loan association) doing business in Orange County.
(d) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement.
(i) The document shall be signed by the Orange County Manager,
upon approval of the Orange County Board of Commissioners.
(ii) No such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the
Register of Deeds of Orange County.
2.10.6 Procedure for Certain Stream Buffer Variance Requests
Requests for variances from stream buffer requirements within 50-feet from the top of the stream
bank shall abide by the following procedure:
(A) The Erosion Control Officer shall make a finding of fact as to whether the following
requirements have been met:
(1) There are practical difficulties or unnecessary hardships that prevent compliance
with the strict letter of the stream buffer protection requirements. Practical
difficulties or unnecessary hardships shall be evaluated in accordance with the
following:
(a) If the applicant complies with the provisions of the stream buffer
requirements, he/she can secure no reasonable return from, nor make
reasonable use of, his/her property.
(i) Merely proving that the variance would permit a greater profit
from the property will not be considered adequate justification for
a variance.
(ii) Moreover, the Erosion Control Officer shall consider whether the
variance is the minimum possible deviation from the stream
buffer requirements that will make reasonable use of the
property possible.
(b) The hardship results from application of the stream buffer requirements
to the property rather than from other factors such as deed restrictions or
other hardship.
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(c) The hardship is due to the physical nature of the applicant’s property,
such as its size, shape, or topography, which is different from that of
neighboring property.
(d) The applicant did not cause the hardship by knowingly or unknowingly
violating the stream buffer requirements.
(e) The applicant did not purchase the property after the effective date of the
stream buffer requirements, and then request a variance.
(f) The hardship is unique to the applicant’s property, rather than the result
of conditions that are widespread.
(i) If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal justice.
(g) The variance is in harmony with the general purpose and intent of the
State’s riparian buffer protection requirements and preserves its spirit;
and
(h) In granting the variance, the public safety and welfare have been
assured, water quality has been protected, and substantial justice has
been done.
(B) If the Erosion Control Officer determines that a variance request meets the requirements
in (A) above, then he/she shall prepare a preliminary finding and submit it to the State’s
Environmental Management Commission.
(C) Preliminary findings on variance requests sent to the State’s Environmental Management
Commission shall be reviewed by said Commission within 90 days after receipt by the
Director of the Environmental Management Commission.
(D) The purpose of the State Environmental Management Commission’s review is to
determine if it agrees with the Erosion Control Officer’s findings regarding whether that
the requirements in subsection (A) have been met.
(E) The following actions shall be taken depending on the State Environmental Management
Commission’s decision on the variance request:
(a) Upon the State Environmental Management Commission’s approval, the
Erosion Control Officer shall issue a final decision granting the variance.
(b) Upon the State Environmental Management Commission’s approval with
conditions or stipulations, the Erosion Control Officer shall issue a final
decision, which includes these conditions or stipulations.
(c) Upon the State Environmental Management Commission’s denial, the
Erosion Control Officer shall issue a final decision denying the variance.
(F) Requests for appeals of determinations made by the State’s Environmental Management
Commission that the requirements of subsection (A) have not been met shall be made to
the State’s Office of Administrative Hearings.
2.10.7 Unauthorized Variances
(A) Other than stream buffer variances outside of the first 50-feet from the centerline of a
stream, the Board of Adjustment is not authorized to grant variances to any of the
standards of:
(1) Article 7 - Subdivision Design and Improvements,
(2) Section 6.15 - Erosion and Sedimentation Control,
(3) Section 6.14 - Stormwater Management, and
(4) Section 6.16 - Environmental Impact Reports
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(B) The Board of Adjustment is not authorized to grant a variance that would permit a use in
a district where that use is neither a Permitted Use nor a Special Use.
2.10.8 Review Procedures
(A) Applications for a Variance shall be reviewed and acted upon by the Board of Adjustment
in accordance with the procedures contained in Section 2.12 of this Ordinance.
(B) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application.
(C) The assessment shall be introduced at the hearing and become part of the record.
2.10.9 Findings of Fact
(A) Required findings of fact, as listed in Section 2.10.3, shall be made in the indicated order
by the Board of Adjustment.
(B) The Board of Adjustment is not empowered to grant a variance without an affirmative
finding of fact supported by substantial evidence in the record of proceedings before the
Board.
2.10.10 Conditions of Approval
The Board of Adjustment may impose reasonable conditions upon the approval of any variance to
insure that the public health, safety, and general welfare are protected and substantial justice
done. appropriate conditions provided that such conditions are reasonably related to the
variance.5
2.10.11 Notice Requirements
Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6.
SECTION 2.11: INTERPRETATIONS
2.11.1 Generally
An appeal from an order, requirement, decision or determination of the Planning Director shall be
decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of
this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner
so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to
vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts.
2.11.2 Application Requirements
(A) Applications for an appeal of an interpretation of a decision, file determination, directive,
Notice of Violation, or other similar determination shall be submitted on forms provided by
the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of
the application and supporting documentation shall be submitted.
(B) Applications must be received by the Planning Director no later than 30 days after the
decision, file determination, directive, Notice of Violation, or other similar determination
was made.
2.11.3 Stay on Further Proceedings
(A) An appeal to the Board of Adjustment from a decision or determination of the Planning
Director stays all proceedings in furtherance of the decision or determination appealed
from, except as provided herein.
5 Staff is recommending existing language referencing ‘public health, safety, general welfare’ as well as ‘substantial
justice’ be deleted as this wording does not appear in the Statute.
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(B) An appeal to the Board of Adjustment of a determination or decision of the Planning
Director shall not stay further proceedings in furtherance of the decision or determination
appealed from, if the Planning Director determines certifies to the Board of Adjustment in
an affidavidt either:
(1) That, in the opinion of the Planning Director, a stay would cause imminent peril to
life and/or property A stay would cause imminent peril to life or property, or,.
(2) That theThe situation appealed from is transitory in nature and, therefore an
appeal would seriously interfere with enforcement of the Ordinance.
(3)(C) In either instance, the Planning Director shall place in the determination facts to support
the conclusion if (B)(1) and/or (B)(2) are invoked.
(C)(D) If (B)(1) and/or (B)(2) are invoked, and approved by the Board of Adjustment,
enforcement proceedings shall not be stayed except through the issuance of a restraining
order issued by a court of competent jurisdiction. If enforcement proceedings are not
stayed, the appellant may file a request for an expedited hearing of the appeal.6
2.11.4 Review Procedures
(A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the
Board of Adjustment in accordance with the procedures contained in Section 2.12 of this
Ordinance.
(B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this
Ordinance.
(C) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application. The assessment shall include all
relevant facts utilized in rendering the disputed decision and the rationale for the
interpretation made by the Planning Director.
(D) The assessment shall be introduced at the hearing and become part of the record.
(E) Upon hearing all evidence associated with the application, the Board of Adjustment shall
close the hearing and render a decision on the matter to affirm, modify, or reverse the
decision of the Planning Director.
2.11.5 Findings of Fact
The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order
to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the
necessary justification for the Board’s action based on the testimony and evidence entered into
the record during the hearing.
2.11.6 Notice Requirements
Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.2.6 are not
applicable to applications for an appeal of an interpretation.
SECTION 2.12: BOARD OF ADJUSTMENT
2.12.1 General Provisions
(A) The Board shall act on all applications before it.
(B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director
at its next regularly scheduled meeting or at a special meeting called for that purpose.
6 Staff is adding new language consistent with changes in State law.
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2.12.2 Quasi-Judicial Proceedings
(A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended
that its proceedings be conducted as formally as those before courts.
(B) The rules of procedure and evidence set forth in this Ordinance shall be followed to
protect the interests of all parties and the public.
(C) The presiding officer shall administer oaths to all witnesses and shall make rulings
necessary to preserve fairness, order, or proper decorum in any matter before the Board
of Adjustment. Any person who, while under oath during a proceeding before the Board,
willfully swears falsely is guilty of a Class I misdemeanor.
(D) Any member of the Board of Adjustment or any interested party may object to, and the
presiding officer may exclude, any evidence, testimony, or statement that is deemed
incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably
address the issues before the Board of Adjustment.
2.12.3 Evidence and Testimony
(A) Interested Party
(1) Any interested party may present evidence or testimony, cross-examine
witnesses, inspect documents, and offer evidence or testimony in explanation or
rebuttal.
(2) Any member of the Board of Adjustment may question any interested party.
(3) Persons other than interested parties may make competent, relevant, and
material comments.
(B) Subpoenas
(1) The Board of Adjustment may subpoena witnesses and compel the production of
evidence.
(2) To request issuance of a subpoena, persons with standing as detailed under
NCGS 160A-939 (d), shall make a written request to the chair explaining why it is
necessary for certain witnesses or evidence to be compelled. The chair shall
issue requested subpoenas in those cases where testimony or evidence is
deemed to be relevant, reasonable in nature and scope, and not oppressive.
(3) The chair shall rule on any motion to quash or modify a subpoena. Decisions
regarding subpoenas made by the chair may be appealed to the full Board.
(2)(4) If a person fails or refuses to obey a subpoena issued pursuant to this
subsection, the Board of Adjustment, or the party seeking the subpoena, may
apply to the General Court of Justice for an order requiring that its order be
obeyed, and the Court will have jurisdiction to issue those orders after notice to
all proper parties.
(3)(5) No testimony of any witness before the Board of Adjustment, pursuant to a
subpoena issued in exercise of the power conferred by this subsection, may be
used against the witness in any civil or criminal action, other than a prosecution
for false swearing committed on the examination.
(4)(6) Anyone who, while under oath during a proceeding before the Board of
Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor.
2.12.4 Quorum and Vote Required
(A) A quorum of the Board is necessary to conduct any business and shall consist of four
members.
(B) The affirmative vote of four of the members of the Board shall be necessary in order to
effect any variation in this Ordinance:.
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(1) Reverse any order, requirement, decision or determination of any administrative
official charged with enforcement of this Ordinance, or
(2) Decide in favor of the applicant any matter upon which it is required to pass by
this Ordinance including, but not limited to, the issuance of Class B Special Use
permits, or
(3) Effect any variation in this Ordinance.
(C) A majority of the members shall be required to decide on the issuance of a Class B
Special Use Permit or an appeal application. 7
2.12.5 Notification of Board Action
(A) Within five working days after Board action, the Planning Director shall have available in
the Planning Department’s office a notice of decision of the Board’s action.
(B) The Planning Director shall notify the parties to an application or appeal of the Board’s
disposition. This includes the applicant, the property owner if different from the applicant,
or any individual who has submitted a written request for a copy prior to the date the
decision becomes effective. 8This notice shall be made by registered or certified mail
within five working days of the Board's actions. 9
(C) The Planning Director shall keep a copy of the Board's action on file.
2.12.6 Notice Requirements for Matters Before the Board
(A) The Board shall give notice of matters coming before it by causing notice to be placed in
a newspaper of general circulation in Orange County. The notice shall appear once a
week for two consecutive weeks, the first insertion to be not less than ten days nor more
than 25 days prior to the meeting date. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included.
(B) In the case of application for a Class B Special Use permit or variance the Planning
Director shall give written notice by certified mail to adjacent property owners. This
notice shall be given not less than 15 days prior to the meeting date. Adjacent property
owners are those whose property lies within 500 feet of the affected property and whom
are currently listed as property owners in the Orange County tax records.
(C) The Planning Director shall post on the affected property a notice of the Board meeting at
least ten days prior to the meeting date.
(D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the
Planning Director shall give written notice by certified mail to the property owner, and/or
person(s) engaged in the alleged violation. Notification of adjacent property owners,
posting of property, and publication of a hearing notice is not required.
SECTION 2.13: EXEMPT SUBDIVISIONS
2.13.1 Generally
(A) Persons proposing divisions of land that do not constitute a subdivision must request a
determination of an exempt subdivision status with the Planning Director. Activities that
do not constitute a subdivision are found in Section 7.2.1.
7 Simple majority vote is now all that is necessary to approve a SUP or act on an appeal.
8 State law now allows for individuals to petition the Board of Adjustment requesting notification of any decision.
We are incorporating this allowance with the proposed modification.
9 Staff sends out notice of decisions via certified mail. State law was modified to allow for first-class mail to be
utilized. We are not recommending changing our current procedure as we believe sending decisions via certified
mail ensures we have a record of our actions.
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(B) Public Hearing Required
(1) The EIS, along with all comments received during the review period, shall be
presented for public hearing concurrently with the development project.
(2) If a public hearing before the Board of County Commissioners is not required for
approval of the development project, then a special hearing shall be scheduled.
The hearing shall take place no later than 30 days after the close of the public
review period or receipt of comments from the State Clearinghouse, whichever is
later.
(C) Notice of Public Hearing
(1) Notice of the public hearing to review the EIS and receive public comment shall
be published at least twice in a newspaper of general circulation in the county,
stating the time and place of the hearing.
(2) Said notice shall appear in said newspaper for two successive weeks with the
first notice appearing not less than ten nor more than 25 days before the date set
for the public hearing. In computing the notice period, the day of publication is
not to be included, but the day of the hearing is to be included.
(D) Board of County Commissioners Action
(1) The Board of County Commissioners shall receive the EIS and all comments as
information only. The information presented may be used only to determine
compliance with specific development standards established in this Ordinance.
(2) No action shall be taken on the development project until after the EIS has been
presented to the Board of County Commissioners.
(E) Effect on Other Permits and Actions
Construction or installation of any major development project shall not commence until
subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final
EIS by the Board of County Commissioners.
SECTION 2.25: APPEALS
Section 2.25:SECTION 2.26: APPEALS10
2.25.12.26.1 Generally
Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the decision
being appealed on forms provided by the Planning Department, if applicable.
2.25.22.26.2 Planning Director Decisions
(A) Site Plans or Other Decision Pertaining to this Ordinance
Any decision of the Planning Director regarding a site plan application or other decision
pertaining to this Ordinance not listed in (B) through (D) below may be appealed to the
Board of Adjustment according to the provisions set forth in Section 2.12 of this
Ordinance.
(1) An appeal to the Board of Adjustment from a decision or determination of the
Planning Director stays all proceedings in furtherance of the decision or
determination appealed from, except:
(a) Situations that, in the opinion of the Planning Director, a stay would
cause imminent peril to life and/or property.
10 The appeals section is proposed to be re-numbered as part of a current amendment proposal associated with
Neighborhood Information meetings for governmental uses. This amendment was heard at the September 9, 2013
Quarterly Public Hearing and will be decided upon by the BOCC on November 5, 2013.
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(b) That the situation appealed from is transitory in nature and, therefore, an
appeal would seriously interfere with enforcement of the Ordinance.
In either instance in (a) and (b) above, the Planning Director shall place in
certificate the facts to support the conclusion.
(B) Exempt Subdivisions
(1) The decision of the Planning Director regarding an exempt subdivision
application may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board’s decision.
(C) Minor Subdivisions
(1) The decision of the Planning Director regarding a minor subdivision application
may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board’s decision.
(D) Major Subdivisions – Final Plat
(1) The decision of the Planning Director regarding a Major Subdivision Final Plat
application may be appealed to the Board of Commissioners.
(2) The Board of Commissioners shall have final approval authority, and where
applicable, all Final Plats shall contain information and/or conditions approved by
the Board of Commissioners.
(3) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision.
(4) The applicant shall be notified, in writing, of the Board of Commissioners'
decision.
2.25.32.26.3 Planning Board Decisions
(A) Major Subdivisions – Concept Plan
(1) The decision of the Planning Board regarding Concept Plan Development
Options may be appealed to the Board of Commissioners.
(2) Any notice of appeal shall be filed, in writing, with the Planning Director within 15
days after the date of the Planning Board’s decision.
(3) If the appeal involves a plan/map approval, 16 copies of the plan/map shall be
submitted along with the written appeal.
(4) The Board of Commissioners shall have final approval authority, and, where
applicable, all Concept Plan Development Options shall contain information
and/or conditions approved by the Board of Commissioners.
(5) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision. The applicant shall be notified, in writing, of the Board of
Commissioners' decision within ten days after said decision is made.
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2.25.42.26.4 Board of Adjustment Decisions
(A) Every decision of the Board shall be subject to review at the request of any aggrieved
partyany person who has standing as detailed within NCGS 160A-393 (d) by the Superior
Court by proceedings in the nature of certiorari. The appeal to Superior Court must be
filed within 30 days of the availability of the notice of decision (2.12.5(A)).
2.25.52.26.5 Board of County Commissioners Decisions
(A) Quasi-Judicial Decisions
(1) Quasi-judicial decisions made by the Board of County Commissioners pursuant
to the Ordinance shall be subject to review at the request of any any person who
has standing as detailed within NCGS 160A-393 (d) aggrieved party by the
Superior Court by proceedings in the nature of certiorari.
(2) The appeal to the Superior Court must be filed within 30 days of the filing of the
decision of the Board of County Commissioners by the Planning Director or the
delivery of the notice of the decision to the applicant, whichever is later.
(B) Legislative Decisions
(1) Legislative decisions made by the Board of County Commissioners pursuant to
the Ordinance shall be subject to review at the request of any aggrieved party by
the Superior Court.
(2) The appeal to the Superior Court must be filed from the date of adoption of said
Ordinance within the prescribed period below:
(a) 60 days in cases involving the appeal of an Ordinance amending the
Zoning Atlas,
(b) 1 year (365 days) in cases involving the appeal of an Ordinance
amendment the UDO,
(c) 3 years (1,035 days) in cases involving an appeal based on an alleged
defect in the adoption process of an Ordinance amending the UDO.
2.25.62.26.6 Water Supply Watershed Critical Area Boundary Line
Appeal applications disputing the Planning Director’s decision regarding the location of a Water
Supply Watershed Critical Area boundary line shall be accompanied by:
(A) A survey prepared by a North Carolina registered land surveyor or professional engineer
depicting the differences between:
(1) The locational criteria in Section 4.2,
(2) The official Watershed map on file in the Planning Department, and
(3) The boundary line the applicant asserts is correct.
(B) A detailed explanation describing the differences in the three boundary lines contained in
(A) above.
2.25.72.26.7 Special Flood Hazard Overlay District
(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.
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2.25.82.26.8 Soil Erosion and Sedimentation Control
(A) Appeal of Erosion Control Plan
Except as provided in subsection (D) below, the appeal of a disapproval, approval with
modifications, or approval with conditions of an Erosion Control Plan shall be governed
by the following provisions:
(1) The disapproval of, modification of, or conditions of approval attached to any
proposed Erosion Control Plan by the Erosion Control Officer shall entitle the
person submitting the plan to an appeal of the decision to the Orange County
Planning Director.
(2) If the Planning Director upholds the decision, the person shall be entitled to a
public hearing if such person submits written demand for a hearing within 15
days after receipt of written notice of disapproval, modification, or conditions of
approval.
(B) Hearings
(1) Orange County
(a) This sub-subsection pertains to appeals for land-disturbing activities
occurring outside the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by the
Orange County Planning Board within 30 days after receipt of written
demand, as provided for in (A)(2) above.
(c) The Orange County Planning Board shall make recommendations to the
Board of County Commissioners within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The Board of County Commissioners will render its final decision on any
Erosion Control Plan appeal within 30 days of receipt of the Planning
Board recommendation.
(2) Other than Orange County
(a) This sub-subsection pertains to appeals for land-disturbing activities
occurring within the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by a
designated agency of the appropriate town or city board within 30 days
after receipt of written demand, as provided for in (A)(2) above.
(c) The said designated agency shall make recommendations to the
appropriate town or city board within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The said appropriate town or city board will render its final decision on
any Erosion Control Plan appeal within 30 days of the receipt of the
recommendations from the said designated agency conducting the
hearing.
(C) Appeal from Local Government’s Decision
If the local governing body upholds the disapproval, modification, or conditions of
approval of a proposed Erosion Control Plan following the public hearing, the applicant
shall be entitled to appeal the local government's action to the North Carolina
Sedimentation Control Commission as provided in Section 113A-61(c) of the General
Statutes and Title 15A NCAC 4B.0118.
(D) Appeal of Erosion Control Plan if Disapproval Based on Applicant’s Past
Performance
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The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of
this Ordinance directly to the North Carolina Sedimentation Control Commission.
(E) Appeal of Land-Disturbing Stop Work Order
(1) The person conducting the land-disturbing activity may appeal a stop work order
to the Board of County Commissioners within a period of five days after the order
is issued.
(2) Notice of the appeal shall be given in writing to the Board of County
Commissioners, with a copy to the Erosion Control Officer.
(3) The Board of County Commissioners shall conduct a hearing at their next
scheduled regular meeting at which the appellant and the Erosion Control Officer
or Inspector shall be permitted to submit relevant evidence, and shall rule on the
appeal as expeditiously as possible.
(4) Pending the ruling by the Board of County Commissioners on an appeal, no
further work shall take place in violation of a stop work order.
2.25.92.26.9 Stormwater Management Plan
(A) Appeals of the Erosion Control Officer’s decision on a Stormwater Management Plan
shall be made to the Orange County Planning Director.
(B) If the Planning Director upholds the decision, the applicant shall be entitled to a public
hearing if the applicant submits written demand for a hearing within 15 days after receipt
of written notice of disapproval, modification, or conditions of approval.
(C) The hearing shall be conducted by the Orange County Planning Board within 30 days
after receipt of written demand for a hearing.
(D) The Orange County Planning Board shall make recommendations to the Board of County
Commissioners within 30 days after the date of the hearing.
(E) The Board of County Commissioners shall render its final decision on any stormwater
management plan upon which a hearing is requested within 30 days of receipt of the
recommendations from the Planning Board.
2.25.102.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Provisions
(A) The person conducting the development activity may appeal a stop work order to the
Board of County Commissioners within a period of five days after the order is issued.
(B) Notice of the appeal shall be given in writing to the Board of County Commissioners, with
a copy to the Erosion Control Officer.
(C) The Board of County Commissioners shall conduct a hearing at their next scheduled
regular meeting at which the appellant and the Erosion Control Officer or Inspector shall
be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as
possible.
(D) Pending the ruling by the Board of County Commissioners on an appeal, no further work
shall take place in violation of a stop work order.
2.25.112.26.11 Appeals from Final Decisions Regarding Soil Erosion and Sedimentation Control
Civil Penalties
(A) Appeal from Board of County Commissioners or Other Governing Body Decisions
Appeal from the final decision of the governing body regarding civil penalties assessed
for violations of the soil erosion and sedimentation control provisions of this Ordinance
shall be to the Superior Court of the county where the violation occurred, or in the county
where the violator’s residence or principal place of business is located.
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