HomeMy WebLinkAboutOCPB agenda 0402141
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, April 2, 2014
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
4-5
INFORMATIONAL ITEMS
a. Planning Calendar for April and May
3.
6-14
APPROVAL OF MINUTES
March 5, 2014 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
1
2
No. Page(s) Agenda Item
7. 15-38 CLASS A SPECIAL USE PERMIT: To make a recommendation to the
BOCC on a Class A Special Use Permit application seeking to develop
a solar array/public utility station on two parcels of property, totaling
approximately 52 acres in area, off of Redman Road between the
railway and Interstate 85/40 in Cheeks Township. This item was heard
at the February 24, 2014 quarterly public hearing and was discussed at
the March 5, 2014 Planning Board meeting.
Presenter: Michael Harvey, Current Planning Supervisor
8. 39-130 2030 COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE
(UDO) TEXT AMENDMENTS: To make a recommendation to the BOCC
on government-initiated amendments to the text of the UDO to
establish a zoning program commonly referred to as Agricultural
Support Enterprises (ASE) outside of the Rural Buffer land use
classification. This item was heard at the February 24, 2014 quarterly
public hearing.
Presenter: Perdita Holtz, Planning Systems Coordinator
9. 131-179 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – HOME
OCCUPATIONS: To review certain aspects of the Planning Board- and
Planning Director-initiated amendments to the Unified Development
Ordinance (UDO) regarding Home Occupations. At the February 18,
2014 BOCC meeting, the BOCC referred this item back to the Planning
Board and staff for further consideration.
Presenter: Ashley Moncado, Special Projects Planner
10. 180 JOINT PLANNING LAND USE PLAN AND AGREEMENT: To receive
educational information on the Joint Planning Land Use Plan and
Agreement, a joint planning effort between Orange County and the
Towns of Chapel Hill and Carrboro that was adopted in the mid-1980s.
The purpose of this item is to familiarize the Planning Board with the
plan and agreement in anticipation of recommendations the Planning
Board will be asked to make in regards to Agenda Items 11 and 12.
Presenter: Perdita Holtz, Planning Systems Coordinator
11. 181-210 JOINT PLANNING LAND USE PLAN AND AGREEMENT AMENDMENT: To
receive information on a proposed amendment to the Joint Planning
Land Use Plan and Agreement in regards to density in the Rural Buffer
land use classification and clarifications on other topics. This item is
scheduled for public hearing at the March 27, 2014 Joint Planning
Public Hearing and it is expected that the Planning Board will be asked
to make a recommendation on the proposed amendment at its May 7,
2014 meeting.
Presenter: Michael Harvey, Current Planning Supervisor
2
3
No. Page(s) Agenda Item
12. 211-21JOINT PLANNING LAND USE PLAN AND AGREEMENT
AMENDMENT: To receive information on a proposed amendment to
the Joint Planning
Land Use Plan and Agreement in regards to allowing appropriate
agricultural support enterprises in the Rural Buffer land use
classification. This item is scheduled for public hearing at the March
27, 2014 Joint Planning Public Hearing and it is expected that the
Planning Board will be asked to make a recommendation on the
proposed amendment at its May 7, 2014 meeting.
Presenter: Perdita Holtz, Planning Systems Coordinator 10.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
11. 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).
3
*Planning Board Member Attendance Required
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5
D R A F T
1
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 MARCH 5, 2014 3
REGULAR MEETING 4 5
6 MEMBERS PRESENT: Lisa Stuckey, Chapel Hill Township Representative; Herman Staats, At-Large, Cedar Grove 7
Township; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Tony 8
Blake, Bingham Township Representative; Johnny Randall, At-Large Chapel Hill Township; Andrea Rohrbacher, At-9
Large Chapel Hill Township; James Lea, Cedar Grove Township Representative 10 11 12 MEMBERS ABSENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Maxecine Mitchell, At-Large 13
Bingham Township; Vacant- Eno Township Representative; Vacant- Hillsborough Township Representative; 14
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, 17
Special Projects Coordinator; Tina Love, Administrative Assistant II 18
19
20
OTHERS PRESENT: Beth Trahos, Mike Brough, Donna Easterlin, Don Easterlin, Brent Niemann, Louis Lannoue, Rich 21
Kirkland, Gabe Cantor 22
23
24
HANDOUTS: Email from Alice Gordon to Peter Eckhoff; Email from Louis Iannone to Michael Harvey; Memorandum 25
from Michael Brough to Orange County Planning Board 26 27
28 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 29
30
Lisa Stuckey called the meeting to order. 31
32
Tina Love: The Board of Adjustment meeting for next Monday is cancelled but there will be a meeting in April. 33
34
35 AGENDA ITEM 2: INFORMATIONAL ITEMS 36
a) Planning Calendar for March and April 37
38
39 AGENDA ITEM 3: APPROVAL OF MINUTES 40 FEBRUARY 5, 2014 REGULAR MEETING 41 42 MOTION by Tony Blake to approve the February 5, 2014 Planning Board minutes. Seconded by Paul Guthrie. 43 VOTE: UNANIMOUS 44 45 46 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 47
48 49 AGENDA ITEM 5: PUBLIC CHARGE 50 51 Introduction to the Public Charge 52
The Board of County Commissioners, under the authority of North Carolina General Statute, 53
appoints the Orange County Planning Board (OCPB) to uphold the written land development 54
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2
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 55
harmonious development. OCPB shall do so in a manner which considers the present and 56
future needs of its citizens and businesses through efficient and responsive process that 57
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 58
will make every effort to uphold a vision of responsive governance and quality public services 59
during our deliberations, decisions, and recommendations. 60
61 AGENDA ITEM 6: CHAIR COMMENTS 62 63
Lisa Stuckey: I was notified that Home Occupations will be coming back to us in April. 64
65
Perdita Holtz: There was a BOCC meeting which is available on the County’s website under Meeting Videos. We 66
thought this agenda was going to be full so we decided to put it on April’s schedule. 67 68 AGENDA ITEM 7: CLASS A SPECIAL USE PERMIT: 69
To make a recommendation to the BOCC on a Class A Special Use Permit application 70
seeking to develop a solar array/public utility station on two parcels of property, totaling 71
approximately 52 acres in are, off of Redman Road between the railway and Interstate 85/40 72
in Cheeks Township. This item was heard at the February 24, 2014 quarterly public hearing. 73 Presenter: Michael Harvey, Current Planning Supervisor 74
75
Michael Harvey: Reviewed abstract. 76
77
Tony Blake: Were Ms. Wise’s concerns addressed? 78
79
Michael Harvey: She has not responded to me. I have met with her three times since the public hearing to review 80
the site plan with her and I will meet with her again to review this item. Strata Solar has reached out to her on two 81
occasions where they said here are our responses, we would like to meet with you. I can’t tell you whether she 82
agreed to that. 83
84
Paul Guthrie: Have there been any other letters since the public hearing? 85
86
Michael Harvey: No sir except this one. 87
88
Lisa Stuckey: Everything has to go into the public record, either orally at the public hearing or in writing although we 89
can ask for clarification tonight. 90
91
Michael Harvey: This packet will be entered into the record when the quarterly public hearing is reconvened 92
including this email and any other emails as we move forward. 93
94
Lisa Stuckey: Do you need any feedback from us? 95
96
Michael Harvey: Only if you have questions you want staff or Strata Solar to respond to by the next meeting. 97
98 99 AGENDA ITEM 8: ZONING ATLAS AMENDMENT: 100
To make a recommendation to the BOCC on an application to rezone an approximately 12 ace 101
parcel of property located at 5908 US 70 East in Eno Township from Economic Development 102
Eno Low Intensity (EDE-1); Economic Development Eno High Intensity (EDE-2); and Lower 103
Eno Protected Watershed Protection Overlay to Economic Development Eno High Intensity 104
(EDE-2) and Lower Eno Protected Watershed Protection Overlay. This item was heard at the 105
February 24, 2014 quarterly public hearing. 106
Presenter: Michael Harvey, Current Planning Supervisor 107 108
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Michael Harvey: Reviewed abstract. 109 110
Paul Guthrie: Who is operating the communications tower? 111
112
Michael Harvey: AT&T has an antenna on it and other telecommunication providers are located on it. I believe 113
Verizon has re-erected an antenna or either AT&T has changed out their existing antennas. 114
115
Lisa Stuckey: Those two rectangular pieces that look like a residence, is that part of a different lot? Would it be a re-116
division of the property to sell it? 117
118
Michael Harvey: Correct. 119
120
Lisa Stuckey: The remaining property, what are the divisions? 121
122
Michael Harvey: The blue line represents all this property and the red line is the area to be rezoned. 123
124
Lisa Stuckey: There are three parcels. So those two smaller parcels could be sold at any time without dividing the 125
property. 126
127
Michael Harvey: Yes, if they choose to do so. 128
129
Tony Blake: So the 12 acres in question is the entire red box including the building and that building is not a 130
separate lot. 131
132
Michael Harvey: That is the legal description supplied by the applicant’s surveyor. That is correct. 133
134 MOTION by Herman Staats to approve the Ordinance in attachment 2, approving the Rezoning Petition and approve 135
attachment 3 which is the Statement of Consistency with the Comprehensive Plan. Seconded by Johnny Randall. 136 VOTE: UNANIMOUS 137
138
139 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT: 140
To make a recommendation to the BOCC on an application seeking to amend Section 5.6.5 141
(A) (2) (b) Kennels (Class II) – Standards of Evaluation to reduce required setbacks for Class 142
II Kennels developed within the EDE-2 zoning district. This item was heard at the February 143
24, 2014 quarterly public hearing. 144 Presenter: Michael Harvey, Current Planning Supervisor 145 146
Michael Harvey: Reviewed abstract. What I will state and ask the Board to remember is our recommendation is still 147
unfavorable and if this Board is going to make a recommendation to approve the request, we have provided 148
language in Attachment 3 of this document that incorporates the Easterlin’s request to amend the UDO in a manner 149
consistent with the UDO framework. If this Board is going to make an affirmative finding and recommendation, we 150
would ask you do it on the language contained in Attachment 3. 151
152
Buddy Hartley: Inside the black area, that area is used for the purpose of training dogs? 153
154
Michael Brough: A portion of that area is being used for the training of dogs. 155
156
Buddy Hartley: The building in the red box that is used for training purposes? 157
158
Michael Brough: Yes. It was constructed as a residence but it is not being used as that. 159
160
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Michael Harvey: The staff was asked to provide a visual representation of the property that would meet the 161
appropriate setbacks as currently required. The Easterlins' are proposing this. We wanted to provide the Board with 162
what would comply and what exists. 163
164
Michael Brough: What we are making in the memorandum is that while that is an area that complies with the legal 165
requirements assuming the rest of the property was rezoned, there is a substantial portion of that property which 166
does not lend itself to the expansion of the exercise area. (Described map). There is an area they could build an 167
exercise area but that misses the point. From our perspective under the narrow circumstances this addresses, this 168
would be a very expensive proposition. What good does that achieve? It is multiple thousands of dollars. The point 169
of our request is it is a legislative matter when you weigh cost and benefits and the cost of this private business, 170
which serves a great purpose for the County and surrounding areas, is very high and the benefit is virtual non-171
existent in this case. There have not been any complaints by either of the surrounding property owners and they 172
were notified of this amendment. It gets down to this question; those objections are essentially theoretical in context. 173
These properties will not be developed until sewer gets there. When it does get developed, it is hard to imagine this 174
area being developed in any way not a substantially intensive use. You have situation where you have a problem we 175
are trying to solve. We have come up with a solution that works and is narrowly drawn and has no real negative 176
impacts on any but provides a legal and practical solution that we have been trying to solve for years. There is a 177
legitimate distinction between why we are limiting this to EDE-2 when it makes no sense to have 150-foot setback if 178
the adjoining property is not intensively zoned for development or residential development. Those circumstances 179
maybe 150 feet is all right but when you have a situation like this, it makes no sense to have 150-foot setback. 180
181
Michael Harvey: This property here is split zoned, this portion is EDE-1 so the 150 foot setback would apply, this 182
portion is zoned EDE-2. 183
184
Michael Brough: Years down the road if this property were developed, anybody who moved there would already 185
know what is there. 186
187
Paul Guthrie: Where is the current exercise yard? 188
189
Michael Brough: In the blue lines. 190
191
Paul Guthrie: Is this considered necessary, that space now being used as an exercise yard is clearly smaller than 192
the total area of proposed change so is it the configuration of the terrain of that limits its use or are there other 193
reasons. 194
195
Michael Brough: There are buildings there and topographic issues in the lower part of the site that slopes. There is 196
an area that is flat and open. Whether that is one third or one half of that site that could be developed but while you 197
could have some exercise area it is very expensive and you are giving up acres of your site in the northwest corner. 198
There are two elements the costs of pulling down the fence and putting up a new fence and the other element is that 199
the 150 foot setback requires them to give up a substantial amount of property it amounts to acres of lands. 200
201
Paul Guthrie: Is this an enlargement or maintaining the same level of animals that are cared for? Will you be 202
increasing or maintaining the same level of animal care? 203
204
Michael Brough: The long term plan would be that the property would be consolidated and then divided to segregate 205
out a lot around the existing tower and the rest would be submitted for a special use permit covering all the remaining 206
property and the particular uses at that time would be to have an expansion into the area that would be permissible. 207
208
Paul Guthrie: I understand the cost argument but is it necessary to tear down the old fence or will you recycle the old 209
fence? 210
211
Michael Brough: I can’t tell you. 212
213
Mrs. Easterlin: The cost I gave you was to use the existing fence. 214
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215
Michael Brough: We have a cost estimate here that comes to $55,000. 216
217
Craig Benedict: I will make some general comments as you deliberate on a legislative decision to change the 218
aspects of a zoning district EDE-2. If it is a general problem, you can address things generally. As a companion to 219
that if it a specific issue, try to address the problem specifically or isolated. Another moral (standard) is each zoning 220
districts has uses that are permitted by right. That is what the Planning Board and BOCC have determined that those 221
are the most appropriate uses that permitted by right. Those are the ones that are anchors of a zoning district. 222
Special uses do not have the same standing in a zoning district as a use permitted by right. Before you change 223
regulations, is there a way to change how things are operated or change location of buildings. Also, if you make a 224
change in this zoning district, could it ever be used to justify changes in another zoning district? The last thing is that 225
we do not base regulation changes based on what the land is on now; we based it on what the land is zoned or what 226
the future land use is. 227
228
Lisa Stuckey: Under this proposed text amendment, would the fence still need to be at least 25 feet from the 229
property line? 230
231
Michael Harvey: If this is approved, yes. 232
233
Lisa Stuckey: So the fence has to be moved. 234
235
Michael Harvey: The fence has to be moved or the Easterlins' will have to purchase additional property to make it 236
comply with the 25-foot setback. 237
238
Lisa Stuckey: The wording doesn’t permit it to be close on the property line but always 25 feet. 239
240
Michael Harvey: When it is adjacent to property zoned EDE-2 the setback will be 25 feet. 241
242
Herman Staats: The blue line is the current fence; the black line is the setback in compliance. 243
244
Michael Harvey: The special use permit approved recognizing these structures as being part of the dog kennel 245
operation approved in 1986. It is the dog runs that create the problem. 246
247
Herman Staats: The setback refers to outside use or any use. 248
249
Michael Harvey: The ordinance states that the 150-foot applies to all buildings and outdoors exercise areas. There 250
was obviously a different interpretation in 1986. The rule does allow for the 150-foot setback to be waived if portions 251
where animals are housed are completely enclosed in the building. The interpretation that we have utilized since I 252
began work with the County in 2005 says that if all portions of the facility are in a building, no outdoor area at all , then 253
the 150 rule does not apply. 254
255
Tony Blake: So technically he is not in compliance. 256
257
Michael Harvey: I am not going to say this is non-conforming because I have a special use permit and approval that 258
says otherwise. 259
260
Buddy Hartley: The only place the animals are housed is in the original spot? 261
262
Michael Brough: The blue box with white areas is like portable carports. 263
264
Buddy Hartley: I am familiar with the area. You have more area for dog runs in the black box. 265
266
Michael Brough: There is area there but the problem is that it will cost thousands of dollars to do it. As you have 267
already pointed out, you have got buildings well within the 150-foot setback. 268
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269
Buddy Hartley: If those are covered areas, they could be moved to the areas in black. 270
271
Michael Brough: The fence is an issue and then we have the issue of why are we taking away 125 feet out of the 272
ability to use their property when the adjoining property owners do not object. 273
274
Johnny Randall: The area of the existing fence that is on the property line, will that have to be moved anyway? 275
276
Michael Harvey: The Easterlins’ will have to move the fence 25 feet or purchase additional property so the fence 277
complies with the setback. 278
279
Buddy Hartley: Either way it will be expensive. 280
281
Tony Blake: Have the Economic Development folks weighed in on this. 282
283
Michael Harvey: No. 284
285
Tony Blake: There should be a way to tweak things that are special cases without affecting every EDD (2) parcel in 286
the County. It seems this is not unreasonable in this instance. I don’t see the benefit in enforcing this or putting this 287
type of burden on a small business. 288
289
Craig Benedict: In my comments, this is not about looking at one property. I am not specifically talking about this 290
use that is here but the long-term guidelines. We are not looking at someone’s site plan when we are addressing 291
changing a zoning district that we should not even looking at. I am representing EDD (2) zoning everywhere. 292
293
Paul Guthrie: If the owners were to abandon the use and leave it there and not use it for anything, would you have to 294
tear the fence down? 295
296
Michael Harvey: If the area wasn’t used as an exercise yard, then there would be no 150-foot setback. 297
298
Paul Guthrie: There would be no need to tear down that fence and move it? 299
300
Michael Harvey: That assumes that it is no longer utilized for the purpose that the Easterlins’ want to use it. 301
302
Paul Guthrie: If they only had to erect a fenced area inside the black box that was sufficient to give the exercise they 303
want to give, would that change the financial impact? 304
305
Michael Brough: Even if you left the fence there you would have to re-fence another area. You are saying acres of 306
property and leaving it unusable. It would be cheaper to leave the fence there and not use that part of the property at 307
all and erect a new fence somewhere else on the property. 308
309
Mrs. Easterlin: The blue line around the outside, there are also several fenced in yards inside the area so we have 310
about nine yards. 311
312
Tony Blake: The way the amendments read there would need to be someone out there with them. 313
314
Michael Harvey: I have never seen a situation where the dogs were out there overnight. 315
316
Lisa Stuckey: We can’t make them put them in. 317
318
Michael Harvey: Technically the UDO doesn’t require it but animal services will mandate the animals have to be kept 319
inside in the evening. This ordinance does require an applicant get the appropriate Class 2 permit from Animal 320
Services in order to operate the kennel. 321
322
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Lisa Stuckey: There is not another zoning that would be more appropriate that would have smaller setback. 323
324
Michael Harvey: The setback is related to the kennel. We looked at conditional use but we have language in the 325
UDO that states once we have adopted a development standard (i.e. a setback), it has to be observed. 326
327
Johnny Randall: Is the six-foot high chain link fence required? 328
329
Michael Harvey: Yes. If they want to suggest alternative fencing, we could discuss it. This is a dual review process. 330
Orange County Planning and the Board of Adjustment are reviewing it. 331
332
Tony Blake: What other General Use Zoning District designations could this possibly effect. 333
334
Michael Harvey: None. There could be an extensive reinvestigation of the viability of 150-foot setback in other non-335
residential zoning districts. This only impacts all the property-zoned EDE-2. 336
337
James Lea: Wouldn’t it also impact all Class 2 kennels? 338
339
Michael Harvey: They would have to come back to the Board of Adjustment and amend their existing approved site 340
plan to take advantage of the reduction if it were approved. 341
342
Michael Brough: Regarding that last questions, kennels are permissible in a number of different district but this was 343
limited to the EDE-2 district and further limited to properties that are zoned EDE-2 district. Let me address the 344
general as opposed to the specific. I concur with what Craig has said but in this situation it does that, is there any 345
why you have property that is zoned to a district that allows a 25 foot setback for some of these intensive uses, how 346
does it make sense this use requires a 150 foot setback. What is the point of a 150-foot setback? The main part of 347
our argument is that it doesn’t make sense to have a 150-foot setback for a kennel use when it is in an EDE-2 district 348
adjoining property that is zoned for intensive use. This is a policy that is of general applicability to the circumstances 349
we have made it apply to. Does this ordinance make sense in the context in which it applies? We would submit it 350
does not. The ordinance is designed to serve public interest and there is not a public interest in this. 351
352
Lisa Stuckey: The 150-foot setback would apply to all Class 2 kennels in the County? 353
354
Michael Harvey: Yes. 355
356
Craig Benedict: What are some of the adverse impacts that come forward for special use permits. The four general 357
categories are noise, dust, vibration and odor. When things are enclosed in a building, most of the impacts go away. 358
These are what you need a wider type of buffer for. It has been determined that 25 feet because of the noise factor 359
was not a distance that would protect those adverse impacts from imparting upon adjacent property. 360
361
Perdita Holtz: May I add one thing to provide clarification. Even if you are a manufacturing facility and theoretically 362
can locate 25 feet away, there are other standards in the UDO that you have to comply with if you do make dust or 363
noise or vibration so you may be able to go to the minimum setback if you are a pretty benign manufacturing 364
operation but you may be required to locate further away so those impacts of noise, vibration, dust, or odor do not 365
cross the property line. There are standards in the UDO that other uses have to comply with that may require that 366
they move further away from the property lines than the minimum setback requires. 367
368
Michael Brough: That gets down to the final question. There have not been any complaints since 2005. You are 369
dealing with a theoretical concern. These folks have a real problem that you can solve. 370
371
Andrea Rohrbacher: Even though Mr. Brough has stated there have been no complaints on this property, I know of 372
another property in Orange County, in the Town of Carrboro, where there is a compliant because there is less than 373
150 foot distance. 374
375
Johnny Randall: Just because there are no complaints, we don’t know why. 376
12
D R A F T
8
377
Lisa Stuckey: We have two options in terms of proposed changes. Doesn’t anyone want to move on Attachment 2 378
or if we are going to consider this would it be Attachment 3? I would like to get Attachment 2 off the table if this is not 379
a viable option. We are taking Attachment 2 off the table. Attachment 2 was what Mr. Brough had written. 380
Attachment 3 language is what Michael Harvey wrote. Is there anyone who would like to make a motion? 381
382
Craig Benedict: Attachment 3 is to approve the change. 383
384
James Lea: This would apply to all Class 2 kennels? 385
386
Michael Harvey: This only impacts kennels potentially in the EDE-2. When you have an EDE-2 and you want to put 387
a kennel on it, it if surrounded by EDE-2 zoning, the setback is 25 feet. 388
389
Paul Guthrie: Is the recommendation of the staff that we vote no on that? 390
391
Michael Harvey: Our recommendation is to deny the request. If you are going to approve it, use the language in 392
Attachment 3. 393
394 MOTION by Andrea Rohrbacher not to adopt the change. Seconded by Johnny Randall. 395 VOTE: 6 Yes 2 No (Paul Guthrie, Tony Blake). 396
397
Mr. Easterlin: We serviced 100,000 dogs in the last seven years. Someone has to take care of those dogs and we 398
have to have room to do it. We are not going to have dogs we cannot let out. I want you to understand we have 399
really done a job. My wife goes to work at 7:00 a.m. I just can’t understand why when we take care of these 400
animals. 401
402
Lisa Stuckey: It is clear we were all struggling with this. We make a recommendation and the final decision is made 403
by the BOCC. 404
405
Craig Benedict: If you are voting on something, it shouldn’t be about one person’s property. That is why we have 406
such odd feelings. I tried to separate what is on the ground to what the general rules of decision-making are by 407
legislative bodies so it doesn’t reduce itself. 408
409
Paul Guthrie: I appreciate your comments but the legislative procedure is both. It is matters of policy and impact and 410
the decision made in committees and every place I have been involved, both apply. When we come to a decision to 411
vote for or against a recommendation, it is a balancing act. 412
413
Tony Blake: We lack the tools to make the right decision. It was all or nothing. In this case, I think their argument is 414
on but the problem is we can’t make specific exceptions. We need the ability to do that. 415
416
Michael Harvey: With all due respect, that is not this Board’s role and function. That is the function of the Board of 417
Adjustment. 418
419
Tony Blake: They were denied that avenue. 420
421
Michael Harvey: They were not denied anything; even their own attorney admitted it was not viable. 422
423
Lisa Stuckey: Maybe it should be. Maybe under these circumstances these people should have the opportunity to 424
continue their business but no one after them. If the business is sold, etc. I can see a situation where that area was 425
filling in and developing and someone wanting to put in a restaurant there and then those dogs would be a problem. 426
What do you do? 427
428
Tony Blake: We do allow a use to exist that has existed prior to the zoning change and it seems that it existed prior. 429
430
13
D R A F T
9
Michael Harvey: The previous users had a special use permit. 431
432
433
AGENDA ITEM 10: COMMITTEE/ADVISORY BOARD REPORTS: 434
a. Board of Adjustment 435
Michael Harvey: There was no meeting this month. 436
437
b. Orange Unififed Transportation 438
Paul Guthrie: We will meet in a couple of weeks with a main focus of continuing to focus on rural transporation 439
projects. The BOCC representative on Triangle Transit will take a message saying what Orange County needs to 440
being its rural transportation. The first project will be dancing with Triangle Transit over the Mebane express route 441
whether it runs strictly on the interstate or it might get down on a road to pick up people at a resonable distance. 442
443
Craig Benedict: Even thought the population is 55% Chapel Hill/Carrboro and 45% Hillsborough and Orange County 444
there are more senior citizens in that 45% of the County than in Chapel Hill/ Carrboro. We are trying to provide 445
access to quality public transportation. 446
447
Tony Blake: Since Perdita presented the Eno EDD Small Area plan, that is screaming for transit. 448
449
Perdita Holtz: That was the Efland Small Area plan. 450
451
Tony Blake: Is there any movement to bring these people together and help the landowners to see the vision? 452
453
Craig Benedict: We are trying to create a hub in Efland. We are working on an East/West transporation route from 454
Mebane, Efland, Hillsborough and Durham. We think Efland is the key. We will still have remote small van service in 455
rural areas. 456
457
Tony Blake: It is also bringing people into the area too. 458
459
Paul Guthrie: I would suggest the budget the president sent to congress will rekindle the discussion on the 460
expenditure of transportation of all kinds. If we could get the Hillborough rail station established, I am pretty sure 461
Amtrak would sign on soon and it would give us a place to make a regional transit hub to connect various 462
transporation services to change. 463
464
Michael Harvey: We would like to express our thanks to Buddy Hartley for chairing the Quarterly Public Hearing. 465
466
14
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 2, 2014
Action Agenda
Item No. 7
SUBJECT: Class A Special Use Permit – Solar Array off Redman Road in Cheeks
Township
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENTS: INFORMATION CONTACT:
1. Vicinity Map
2. Applicant Submitted Evidence Via E-mail
On Use of Pesticides
Michael D. Harvey, Planner III 245-2597
Craig Benedict, Director 245-2592
3. Findings of Fact
PURPOSE: To complete review of, and make a recommendation on, a Class A Special Use
Permit (hereafter ‘SUP’) application proposing the development of a solar array in accordance
with Section 2.7 Special Use Permits and Section 5.9.6 (C) Solar Array-Public Utility of the
Orange County Unified Development Ordinance (UDO).
BACKGROUND: This item was presented at the February 24, 2014 Quarterly Public Hearing
and the March 5, 2014 Planning Board meeting. Agenda materials from the February 24, 2014
Quarterly Public Hearing can be viewed at: http://orangecountync.gov/occlerks/140224.pdf.
Agenda materials from the March 5, 2014 Planning Board meeting can be viewed at:
http://orangecountync.gov/planning/documents/3.5.14PBPacket.pdf.
As discussed at the March 5, 2014 Planning Board meeting the following testimony/evidence has
already been entered into the record:
i. Staff abstract and attachments, including the SUP application and site plan.
ii. Staff testimony on the project and its compliance with various provisions of the
UDO.
iii. Applicant testimony from Mr. Louis Iannone, Mr. Bret Niemann, Mr. Gabriel
Cantor, and Mr. Richard Kirkland, on how the project complied with the UDO.
The applicant entered copies of affidavits and a real estate report, completed by
Mr. Kirkland, into the record providing additional information on the project’s
compliance with applicable standards.
iv. Staff entered an email and letter from adjoining property owners into the record.
The applicant testified they would address the concerns expressed by both
property owners and respond in writing to the County.
STAFF NOTE: The applicant’s response was presented to the Planning Board at
its March 5, 2014 regular meeting.
15
v. Comments from the BOCC, Planning Board, and the general public.
The applicant has submitted additional written comment(s) on the project to address questions
from the public hearing about the use of chemicals for treating grass on the subject properties.
This is contained within Attachment 2. Staff has reviewed the response and has no concerns
related to the use of pesticides/fertilizers on the properties.
Analysis: As required under Section 2.7.4 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application’ and pass that analysis on to the reviewing
body. In analyzing this request, the Planning Director offers the following:
a. Application submittal requirements detailed within Section 2.7 of the UDO have been
satisfied.
b. The applicant has demonstrated compliance with respect to landscaping and buffering
requirements as detailed within Section 6.8 of the UDO.
c. Staff has made the determination that a formal Environmental Impact Statement would
not be required per Section 6.18 of the UDO.
d. The applicant has complied with specific development standards associated with the
development of a solar facility as detailed within Section 5.9.6 (C) of the UDO.
e. Comments received from various County agencies (i.e. Sheriff, Fire Marshal, DEAPR,
Orange County Health) indicate there are no concerns associated with the request.
Please refer to the February 24, 2014 Quarterly Public Hearing packet for additional
information.
f. Staff finds the proposal is consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Natural and Cultural Systems Goal 1: Energy conservation, sustainable use of
non-polluting renewable energy resources, efficient use of non-renewable energy
resources and clean air.
b. Objective AE-15: Foster participation in green energy programs such as
installation incentives for solar hot water/solar generation/solar tempering in
residential or commercial construction. The County should develop programs that
will link citizens and businesses with options for alternative and sustainable energy
sources.
c. Objective AG-8: Encourage the use and production of natural fuel alternatives to
petroleum based products and pursue new types of energy sources.
Planning Director’s Recommendation: In accordance with the provisions of Section 2.7.4 of the
UDO, the Planning Director recommends approval of the application subject to:
• Approval of the recommended Findings of Fact as detailed within Attachment 3,
• The imposition of the recommended conditions detailed within Attachment 3, and
• The Planning Board’s and BOCC’s ability to make an affirmative finding on the general
standards outlined within Section 5.3.4 of the UDO.
16
Public Hearing Procedural Information: In accordance with Section 2.7.8 (A) (3) of the UDO, the
BOCC has requested that the Planning Board recommendation be made available in time for
the May 8, 2014 BOCC regular meeting. As a procedural note, additional comments on the
application must be submitted in writing to the Planning Board in order to become part of the
official record of these proceedings.
FINANCIAL IMPACT: Staff has determined the project would not require augmentation of
County budgetary outlays to support services and that anticipated revenues from property taxes
should supplement increases in cost.
RECOMMENDATION: The Planning Director recommends the Board:
1. Deliberate as necessary,
2. Review the Findings of Fact and Conditions of Approval as contained in Attachment 3,
3. If deemed necessary, suggest additional conditions or modifications to the site plan, and
4. Make an affirmative recommendation to the BOCC regarding the Findings of Fact and
Conditions of Approval as detailed within Attachment 3.
17
Orange County Planning and Inspections Department 01/10/2014
VICINITY MAP - STRATA SOLARCLASS A SPECIAL USE PERMIT REQUEST
US 70 W
I 85 NI 40 E
I 85 SI 40 W
RE
D
M
A
N
RD
RE
D
M
A
N
XIN
G
US 70 W
I 85 N I 40 E
I 85 SI 40 W
1 inch = 400 feet
0 500 1,000Feet·
Parcels
Township Boundary
City Limits
ETJ2010 ImagesRGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
NC 57
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
NC 49
US 1
5
5
0
1
S
SUBJECT PARCELPIN 9844-17-2687
RURAL RESIDENTIAL (R-1) ZONING
SUBJECT PARCELPIN 9844-06-5971
RURAL RESIDENTIAL (R-1) ZONING
R-1 ZONING
R-1 ZONING
R-1 ZONING
EDB-2 ZONING
EDB-2 ZONING
18
STRATA SOLAR LLC
50101 Governors Drive Chapel Hill NC 27517
Should there be an emergency, please contact the local authorities
and contact the Strata Solar office
(919) 960-6015
STANDARD OPERATING PROCEDURE: HERBICIDE
Herbicide use on Solar Farms owned and operated by Strata Solar will be
applied at the rate suggested by the manufacture. All spraying will be done by a
Licensed North Carolina Pesticide Applicator or an employee working directly under the
supervision of a license holder. Persons applying herbicides will use proper PPE
including but not limited to long pants and long sleeved shirts, eye protection, chemical
resistant gloves and boots, and respirators depending on weather conditions. Any PPE
that comes in contact with the herbicide will be washed according to the manufacturers
recommendations. If there are no recommendations given, soap and hot water are to
be used. All PPE will be washed separately form regular clothing. All persons who
come into contact with the chemicals will wash hands with soap and warm water before
visiting the toilet, eating, or using chewing tobacco. Chemicals will be used only where
there is no chance of contamination to ground water or wetlands. All empty containers
will be disposed at the proper location and with local codes. Should there be a major
spill of chemicals, the proper authorities will be contacted and the appropriate measures
will be taken to ensure the site is safe and cleanup has been done correctly.
Herbicides are typically applied to the areas under the racks holding the
solar modules. These areas are sprayed two times per year. This has been shown
to keep the weeds and grass under control so as not to shade the array. The fence line
will also be sprayed at this time. There has been no need to spray selective broadleaf
herbicides on the entire farm. Spraying will be done according to weather patterns. No
spraying will take place when there are windy or rainy conditions in the immediate
forecast.
Organic Herbicide use is being field tested and might come in to play in the
future. Herbicide use is limited to the fence line where sheep are being used to manage
the vegetation. All MSDS labels can be found on the manufacturer’s web sites. These
will also be on the truck applying the herbicide. These include but are not limited to
Roundup Pro, Spectricide, 2,4d generic brands, and other generic glyphosate brands.
Attachment 2 19
STRATA SOLAR LLC
50101 Governors Drive Chapel Hill NC 27517
Should there be an emergency, please contact the local authorities
and contact the Strata Solar office
(919) 960-6015
STANDARD OPERATING PROCEDURE: FERTILIZER
Fertilizer use on all farms owned and operated by Strata Solar LLC will be done
in accordance to manufacturer’s recommendations. All Fertilizer applications will be
done by a licensed North Carolina Pesticide Applicator or an employee working directly
under the supervision of a license holder. Persons applying fertilizers will use proper
PPE including but not limited to long pants and long sleeved shirts, eye protection,
chemical resistant gloves and boots, and respirators depending on weather conditions.
Any PPE that comes in contact with the fertilizer will be washed according to the
manufacturers recommendations. If there are no recommendations given, soap and hot
water are to be used. All PPE will be washed separately form regular clothing. All
persons who come into contact with the chemicals will wash hands with soap and warm
water before visiting the toilet, eating, or using chewing tobacco. Chemicals will be
used only where there is no chance of contamination to ground water or wetlands. All
empty containers will be disposed at the proper location and with local codes. Should
there be a major spill of chemicals, the proper authorities will be contacted and the
appropriate measures will be taken to ensure the site is safe and cleanup has been
done correctly.
Fertilizers are applied based on two sources. One is a standard that is written on
the plan approved by each local authority. On other farms that have been built in
Orange County, the recommended rate of application for fertilizer use is 1,000
pounds per acre of 10-10-10. The suggested application is a split application of
500 pounds per acre in the spring and 500 pounds per acre in the fall. We also
take suggestions from soil samples taken from the site and analyzed by the North
Carolina Extension Agency. This provides us with a more accurate representation of
the amendments needed. All fertilizer applications will be done in consideration to
weather patterns. No fertilizer will be applied when a large storm event is expected.
All fertilizers applied will have MSDS sheets available on the truck doing the
application, on the manufactures website, and are available upon request from Strata
Solar. Fertilizer use is limited on sites where there are sheep managing the grass.
20
CASE NUMBER: SU-A-1-14
FINDINGS OF THE ORANGE COUNTY PLANNING STAFF
PERTAINING TO A REQUEST SUBMITTED BY
STOUT FARM LLC AND STRATA SOLAR
REQUESTING A CLASS A SPECIAL USE PERMIT
TO CONSTRUCT A SOLAR ARRAY -PUBLIC UTILITY
ON 2 PARCELS OF PROPERTY OFF OF REDMAN ROAD
FURTHER IDENTIFIED UTILIZING ORANGE COUNTY PARCEL IDENTIFICATION NUMBER(S)
9844-06-5971 AND 9844-17-2687.
Applications for a SOLAR ARRAY-PUBLIC UTILITY are required to demonstrate compliance with
general and specific standards as set forth in Section(s) 5.3.2 (A) and (B) as well as 5.9 of the Orange
County Unified Development Ordinance (UDO).
Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following:
(1) The use will maintain or promote the public health, safety and general welfare, if located
where proposed and developed and operated according to the plan as submitted;
(2) The use will maintain or enhance the value of contiguous property (unless the use is a
public necessity, in which case the use need not maintain or enhance the value of
contiguous property); and
(3) The location and character of the use, if developed according to the plan submitted, will
be in harmony with the area in which it is to be located and the use is in compliance with
the plan for the physical development of the County as embodied in these regulations or
in the Comprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners;
In addition, the Board shall make findings certifying that the application is complaint with the following
specific standards:
(1) Specific standards for the submission of Special Use Permit applications as outlined
within Section(s) 2.2 and 2.7 of the UDO,
(2) Applicable provisions of Article 3 (Dimensional Requirements) and Article 6 (Application of
Dimensional Requirements) of the UDO,
(3) Applicable landscape provisions detailed within Section(S) 5.9 and 6.8.6 of the UDO,
(4) Specific regulations governing the development of individual Special Uses, in this case
regulations detailed within Section 5.9.6 of the UDO,
(5) Section 5.3.2 (B) relating to the method and adequacy of the provision of:
a. Sewage disposal facilities,
b. The adequacy of police, fire, and rescue squad protection, and
c. The adequacy of vehicular access to the site and traffic conditions around the site
(6) The aforementioned general findings outlined within Section 5.3.2 (A) (2).
Listed below are the findings of the Orange County Planning Department regarding the application in
question. The findings have been presented by Article and requirement to assist in deliberations.
Attachment3 21
SECTION 2.2 AND 2.7.3 CLASS A SPECIAL USE PERMIT APPLICATION COMPONENTS ("Yes"
indicates compliance; "No" indicates non-compliance)
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Section 2.2
The application for a
Class A Special Use
Permit shall be on forms
provided by the Planning
Department.
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained the
completed application
packet for the request.
___Yes ____No
2.2.4 (D)
Applications must be
accompanied by the fee
amount that has been
established by Board of
County Commissioners.
Application fees are
nonrefundable.
X__Yes ____No Staff testimony from the
February 24, 2014
Quarterly Public Hearing
that the applicant had
paid all applicable fees
as required by the
adopted fee schedule.
___Yes ____No
2.7.3 (B) (1)
A full and accurate
description of the
proposed use, including
its location, appearance,
and operational
characteristics.
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a
detailed narrative
outlining the nature of
the request as well as a
formal, professionally
prepared, site plan.
___Yes ____No
2.7.3 (B) (2)
The names and
addresses of the owners
of the property
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained the
required information
___Yes ____No
22
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
2.7.3 (B) (3)
Relevant information
needed to show
compliance with the
general and specific
standards governing the
Special Use
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained the
required detail including
a site plan denoting the
boundary of the property.
___Yes ____No
2.7.3 (B) (4)
Twenty-six (26) copies of
the site plan prepared by
a registered N.C. land
surveyor, architect, or
engineer.
X__Yes ____No Staff testimony from the
February 24, 2014
Quarterly Public Hearing
indicating required
copies of the site plan,
prepared by Strata Solar
and sealed by Mr. Brent
Niemann License
Number 026475 were
submitted as part of
Attachment 1.
___Yes ____No
2.7.3 (B) (5)
If the application involves
a Preliminary Subdivision
Plat, 26 copies of the Plat
prepared in accordance
with Section 7.14 shall be
provided.
_X__ Not
applicable
The Project does not
involve a preliminary
subdivision application.
__ Not applicable
2.7.3 (B) (6)
A list of all parcels located
within 500 feet of the
subject parcel and the
name and address of
each property owner, as
currently listed in the
Orange County tax
records.
X__Yes ____No Attachment(s) 1 and 4 of
the February 24, 2014
Quarterly Public Hearing
packet contained the
required information
___Yes ____No
2.7.3 (B) (7)
Elevations of all structures
proposed to be used in
the development.
X__Yes ____No While no buildings are
proposed for the site,
Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan containing
elevations of the
proposed solar arrays.
___Yes ____No
23
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
2.7.3 (B) (8)
26 copies of an
Environmental
Assessment or
Environmental Impact
Statement as required by
Section 6.16 of the UDO
_X__ Not
applicable
The Project will not result
in any disturbance
requiring the submission
of an Environmental
Assessment per Section
6.18 of the UDO. As
such this requirement is
not applicable.
__ Not applicable
2.7.3 (B) (9)
Method of disposal of
trees, limbs, stumps and
construction debris
associated with the
permitted activity, which
shall be by some method
other than open burning.
__X_ Yes ___ No Attachment 1 of the
packet, as well as
applicant testimony, from
the February 24, 2014
Quarterly Public Hearing
referenced the submitted
site plan containing a
note stating the project
will comply with
applicable County Zoning
and Solid Waste
Management
regulations.
___ Yes ___ No
2.7.3 (B) (10)
Statement from the
applicant indicating the
anticipated development
schedule for the build-out
of the project.
__X_ Yes ___ No Attachment 1 of the
packet, as well as
applicant testimony, from
the February 24, 2014
Quarterly Public Hearing
indicating the project
would be completed
within a year of approval
of all required permits.
___ Yes ___ No
2.7.3 (B) (11)
Statement from the
applicant in justification of
any request for vesting for
a period of more than two
years (five years
maximum)
X Not applicable The applicant is not
requesting vesting of the
project.
__ Not applicable
24
SECTION 2.7.5 CLASS A SPECIAL NOTIFICATION REQUIREMENTS ("Yes" indicates
compliance; "No" indicates non-compliance)
Ordinance Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
A. The Planning Director
shall give public notice
of the date, time and
place of the public
hearing
B. Such notice shall be
published in a
newspaper of general
circulation in Orange
County once a week for
two successive weeks,
with the first notice to be
published not less than
ten days not more than
we days prior to the date
of the hearing.
C. The Planning Director
shall post on the
affected property a
notice of the public
hearing at lest ten days
prior to the date of said
hearing.
D. Written notice shall be
sent by certified mail to
all adjacent property
owners not less than 15
days before the hearing
date. Adjacent property
owners are those whose
property lies within five
hundred feet of the
affected property and
whose manes and
addresses are currently
listed in the Orange
County tax records.
_X Yes
_X Yes
_X Yes
_X Yes
____No
____No
____No
____No
Attachment 4 of, and
staff testimony from, the
February 24, 2014
Quarterly Public Hearing
indicating public notice
was sent via certified mail
on February 7, 2014 for
the February 24, 2014
Public Hearing. This
included photo copies of
the certified mal receipts.
The legal ad was
published in the News of
Orange and the Herald
Sun on February 12, 2014
and again on February 19,
2014.
The property was posted
on February 12, 2014.
As previously indicated
public notice was sent via
certified mail on February
7, 2014.
Attachment 4 of the
February 24, 2014
Quarterly Public Hearing
abstract contained staff’s
mail out certification, a
copy of the notification
letter, copies of the
certified mail receipts
dated February 7, 2014,
and the mailing labels as
provided by the applicant
for all property owners
within 500 feet.
___Yes
__Yes
___Yes
___Yes
____No
___No
____No
____No
25
SECTION(S) 3.3 BASE ZONING DISTRICT – AGRICULTURAL RESIDENTIAL AND 6.3 LAND USE
INTENSITY MEASURES ("Yes" indicates compliance; "No" indicates non-compliance)
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Section 3.3 and 6.3 of the
UDO provides the land
use intensity measures
governing the
development of projects
within the County.
The applicant has applied
for a Special Use Permit
within the Rural
Residential (R-1) general
use zoning district. The
dimensional and ratio
standards associated with
the R-1 zoning district are
as follows:
Minimum lot size – 40,
000 square feet
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet indicating the
properties subject to the
application totaled 52
acres of land area.
___Yes ____No
Minimum lot width – 150
feet
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan indicating the lot(s)
had 686 and 620 feet,
respectively, of frontage
along Redman Road (SR
1311)
___Yes ____No
Required front yard
setback – 40 feet
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan indicating the arrays
will be setback
approximately 47 feet
from Redman Road (SR
1311)
___Yes ____No
26
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Required side yard
setback – 20 feet
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan indicating the arrays
will meet the required 20
foot side yard setback.
___Yes ____No
Required rear yard
setback – 20 feet
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan indicating the arrays
will meet the required 20
foot rear yard setback.
___Yes ____No
Floor Area Ratio - .088
sq. ft. or 199,330 sq. ft.
(52 acres x 43,560 x .088)
_X__ Not
applicable
Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan indicating no
buildings are being
proposed for the property
___ Not
Applicable
Minimum gross land area
_X__ Not
applicable
Not applicable – This
proposed project is not
subject to the minimum
gross land area
requirement as detailed
within Section 3.3 of the
UDO
___ Not
Applicable
Required Open Space -
.84 or 1,902,700 sq. ft.
(43.68 acres)
(52 acres x 43,560 x .84)
_X_ Yes ___No
Applicant and staff
testimony from the
February 24, 2014
Quarterly Public Hearing
indicating there is
approximately 45 acres
of open space as defined
within Article 10 of the
UDO.
___Yes ___ No
27
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Required Livability Space
_X__ Not
applicable
Not applicable – This
proposed project is not
subject to the minimum
required livability space
as detailed within Section
3.3 of the UDO
___ Not
Applicable
Required Recreation
Space
_X__ Not
applicable
Not applicable – This
proposed project is not
subject to the minimum
required livability space
as detailed within Section
3.3 of the UDO
___ Not
Applicable
Required
Pedestrian/landscape
ratio - .21 or 475,675
sq.ft. (10.92 acres)
(52 acres x 43,560 x .21)
_X_ Yes ___No
Staff testimony from the
February 24, 2014
Quarterly Public Hearing
indicating there is
approximately 11.7
acres of
pedestrian/landscape
space on the property
comprised as follows:
1. Required Major
Transportation
Corridor (MTC)
buffer –
approximately 1
acre
2. Stream buffer
area – south west
portion of project
– 9.6 acres
3. 50 foot Type D
land use buffer
along eastern
property line –
1.1 acres
___Yes ___ No
28
SECTION 5.9.6 (C) SOLAR ARRAY – PUBLIC UTILITY ("Yes" indicates compliance; "No"
indicates non-compliance)
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Section 5.9.6 (C) of the
UDO establishes
additional submittal
requirements and
standards of evaluation
for a solar array public
utility
5.9.6 (C) (1)
In addition to the
information required by
Section 2.7, the following
shall be submitted as part
of the application:
5.9.6 (C) (1) (a)
A site plan showing all
existing structures on the
property, any proposed
buildings or structures
that are necessary to
support the proposed
array, existing and
proposed storage areas,
parking and access areas,
topography at a contour
interval of five feet, any
officially designated
floodplains or alluvial
soils.
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information.
___Yes ____No
5.9.6 (C) (1) (b)
Plans and elevations for
all proposed structures
and arrays as well as
descriptions of the color
and nature of all exterior
materials
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information.
The site plan indicates
no buildings are
proposed for the site.
___Yes ____No
29
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
5.9.6 (C) (1) (c)
Landscape Plan, at the
same scale as the site
plan, showing existing and
proposed trees, shrubs,
ground cover and other
landscape materials.
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information. Existing
foliage is going to be
preserved along the
eastern and southern
boundary line to satisfy
required landscape
requirements.
___Yes ____No
Section 5.9.6 (C) (2)
Standards of Evaluation
5.9.6 (C) (2) (a)
All on-site utility and
transmission lines shall, to
the extent feasible, be
placed underground.
X_ Yes ___ No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information, specifically
Note 20.
_ _Yes ___ No
5.9.6 (C) (2) (b)
The height of proposed
arrays and support
structures shall not
exceed 40 feet.
X_ Yes ___ No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information, specifically
in the elevation drawings
of a typical array.
_ _Yes ___ No
5.9.6 (C) (2) (c)
Individual arrays/solar
panels shall be designed
and located in order to
prevent reflective glare
toward any inhabited
buildings on adjacent
properties as well as
adjacent street rights-of-
way.
X__Yes ____No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information, specifically
Note 21.
___Yes ____No
30
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
5.9.6 (C) (2) (d)
A clearly visible warning
sign concerning voltage
must be placed at the
base of all pad-mounted
transformers and
substations.
X_ Yes ___ No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information, specifically
Note 16.
_ _Yes ___ No
5.9.6 (C) (2) (e)
All mechanical equipment
of principal solar energy
systems including any
structure for batteries or
storage cells, shall be
completely enclosed by a
minimum eight (8) foot
high fence with a self-
locking gate, and provided
with screening in
accordance with the
provisions of Section 6.8.
X_ Yes ___ No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information.
The applicant is
proposing an 8 foot high
fence and a 50 foot wide
Type D land use buffer
as required within
Section 6.8 of the UDO.
_ _Yes ___ No
5.9.6 (C) (2) (f)
The applicant shall submit
proof of liability insurance
covering bodily injury and
property damage
demonstrating a minimum
coverage limit of $
500,000.00 per
occurrence.
X_ Yes ___ No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a
narrative indicating proof
of insurance would be
provided prior to
issuance of a Certificate
of Occupancy.
Staff recommends a
condition of approval be
that a copy of the policy
be submitted prior to the
issuance of the
Certificate of Occupancy
_ _Yes ___ No
31
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
5.9.6 (C) (2) (g)
A Type D Land Use Buffer
shall be provided along
any portion of the
perimeter of the parcel,
easement, or leasehold
area located adjacent to
property zoned, or
otherwise utilized for,
residential use except
where such property is
owned, leased or consists
of other utility easements
currently used for
electrical distribution or
transmission purposes.
Existing vegetation may
be used to satisfy the
landscaping requirements.
X_ Yes ___ No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a site
plan denoting required
information.
_ _Yes ___ No
5.9.6 (C) (3)
Decommissioning
X_ Yes ___ No Attachment 1 of the
February 24, 2014
Quarterly Public Hearing
packet contained a
narrative detailing the
applicant’s
understanding of our
decommissioning
requirements and further
indicating they will
comply with these
applicable standards in
the event the use of the
site as a solar array –
public utility is ceased.
_ _Yes ___ No
32
Section 5.3.2 (B) SPECIAL USE – SPECIFIC STANDARDS CLASS A SPECIAL ("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Section 5.3.2 (B)
In addition to the general
standards the following
specific standards shall be
addressed by the
applicant before the
issuance of a Special Use
Permit
Section 5.3.2 (B) (1)
Method and adequacy of
provision for sewage
disposal facilities, solid
waste and water service.
X__Yes ____No Attachment 3 of the
February 24, 2014
Quarterly Public Hearing
packet contained
correspondence from
staff indicating there are
no problems with respect
to compliance with this
standard.
No sewage system or
well is proposed.
Waste will be disposed
of by a private
contractor. Orange
County Solid Waste has
indicated they have no
concerns associated with
the project.
___Yes ____No
33
Ordinance
Requirements
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Section 5.3.2 (B) (2)
Method and adequacy of
police, fire and rescue
squad protection.
X__Yes ____No Attachment 3 of the
February 24, 2014
Quarterly Public Hearing
packet contained
correspondence from
staff indicating there are
no problems with respect
to compliance with this
standard.
Fire protection will be
provided by the Efland
Volunteer Fire
Department, rescue
service by the Orange
County Emergency
Management, and police
protection by the Orange
County Sheriff’s
Department.
The Fire Marshal
indicates they had no
problem with the
proposal as submitted.
Staff has verified with the
deputy chief of the
Efland volunteer fire
department (Pete
Hallenbeck) his
department has no
concerns.
No concerns have been
expressed by the
Sheriff’s office.
___Yes ____No
Section 5.3.2 (B) (3)
Method and adequacy of
vehicle access to the site
and traffic conditions
around the site.
_X_Yes ___No NC DOT has indicated
they have no concerns
over the project.
A condition of approval is
Strata Solar shall obtain
a NC DOT driveway
permit prior to the
commencement of land
disturbing activity
associated with the
project.
___Yes ____No
34
Section 5.3.2 (A) (2) SPECIAL USE – GENERAL STANDARDS CLASS A SPECIAL ("Yes" indicates
compliance; "No" indicates non-compliance)
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
In accordance with Section
5.3.2 (A) (2), the Board of
Commissioners shall also
consider the following
general conditions before
the application for a
Special Use can be
approved:
** NOTE – staff
does not make
specific
recommendations
with respect to
these findings **
Section 5.3.2 (A) (2) (a)
The use will maintain or
promote the public health,
safety and general welfare,
if located where proposed
and developed and
operated according to the
plan as submitted.
Based on evidence
presented at the hearing
including:
i. Staff abstract and
attachments,
including the SUP
application and site
plan.
ii. Staff testimony on the
project’s compliance
with the UDO from
the Public Hearing
and the March/April
Planning Board
meetings.
iii. Applicant testimony
from Mr. Louis
Iannone, Mr. Bret
Niemann, Mr. Gabriel
Cantor, and Mr.
Richard Kirkland, on
how the project
complied with the
UDO including the
affidavit entered into
the record at the
Public Hearing and
written
correspondence
submitted to the
March and April
Planning Board
meetings.
iv. Adjacent property
owner e-mails and
applicant responses.
Comments from the
BOCC, Planning
Board, and the
general public.
Will __Will
Not
35
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Section 5.3.2 (A) (2) (b)
The use will maintain or
enhance the value of
contiguous property (unless
the use is a public
necessity, in which case
the use need not maintain
or enhance the value of
contiguous property).
Based on evidence
presented at the hearing
including:
i. Staff abstract and
attachments,
including the SUP
application and site
plan.
ii. Staff testimony on the
project’s compliance
with the UDO from
the Public Hearing
and the March/April
Planning Board
meetings.
iii. Applicant testimony
from Mr. Louis
Iannone, Mr. Bret
Niemann, Mr. Gabriel
Cantor, and Mr.
Richard Kirkland, on
how the project
complied with the
UDO including the
affidavit entered into
the record at the
Public Hearing and
written
correspondence
submitted to the
March and April
Planning Board
meetings. This
included a real estate
evaluation indicating
the project would not
have an impact on
adjacent property
value.
Will __Will
Not
36
PLANNING
STAFF
RECOMMENDED
FINDINGS
EVIDENCE SUBMITTED
TO SUPPORT
FINDINGS
PLANNING
BOARD
FINDINGS
Section 5.3.2 (A) (2) (c)
The location and character
of the use, if developed
according to the plan
submitted, will be in
harmony with the area in
which it is to be located and
the use is in compliance
with the plan for the
physical development of
the County as embodied in
these regulations or in the
Comprehensive Plan, or
portion thereof, adopted by
the Board of County
Commissioners.
Based on evidence
presented at the hearing
including:
i. Staff abstract and
attachments,
including the SUP
application and site
plan.
ii. Applicant testimony
from Mr. Louis
Iannone, Mr. Bret
Niemann, Mr. Gabriel
Cantor, and Mr.
Richard Kirkland, on
how the project
complied with the
UDO
Is __ Is
Not
37
RECOMMENDATION:
Staff has not received any information that would establish grounds for making a negative finding on the general
standards. These standards include maintaining or promoting the public health, safety, and general welfare,
maintaining or enhancing the value of contiguous property, and the use being in compliance with the general plan
for the physical development of the County.
Staff has reviewed the application, the site plan, and all supporting documentation and has found that the
applicant complies with the specific standards and required regulations as outlined within the UDO.
Provided the Planning Board and the Board of County Commissioners finds in the affirmative on the specific and
general standards, the Board could make a positive finding on this application. In the event that the Planning
Board makes the determination that the permit can be issued, Planning Staff recommends the attachment of the
following conditions to the Special Use Permit:
(1) The applicant shall cause a formal and detailed landscape and tree preservation plan shall be submitted
and approved by the Orange County Planning Department within 180 days from the approval of the
Special Use Permit.
(2) A revised site plan shall be submitted denoting the required Pedestrian/Landscape Ratio for the project
as required under Section 3.3 of the UDO. This revised sheet shall be submitted within 180 days from
the approval of the Special Use Permit.
(3) That the applicant complete and submit a formal application to the Orange County Inspections
Department requesting authorization to commence construction of the proposed solar array. The
application, including all applicable fees, shall be submitted within 180 days from the approval of the
Special Use Permit.
(4) That the Orange County Fire Marshal’s office shall review and approve the final site plan, as part of the
normal building permit review process, and that any and all modifications be made to address fire code
issues and access prior to the issuance of the permit authorizing the commencement of land disturbing
activities.
(5) The applicant shall provide a detailed, scaled, map to the Orange County Fire Marshal’s office and the
Efland Volunteer Fire Department denoting the location of all storage areas for batteries, master cut-off
switches, and other similar devices to ensure the protection of emergency responders in the event of a
catastrophic incident on the property. This map shall be submitted prior to the issuance of a Certificate of
Occupancy by the County allowing for operation of the facility to commence.
(6) That prior to the commencement of land disturbing activity the applicant shall submit all necessary
stormwater, grading plans, and erosion control applications to the Orange County Erosion Control
Department for review and processing. These applications shall be submitted within 180 days from the
issuance of the SUP.
(7) That the applicant shall submit the approved site plan to NC DOT for review and comment. In the event it
is determined that the applicant is required to apply for, and receive a, driveway permit from NC DOT to
allow for the project to be developed, the applicant shall submit all necessary applications as required by
NC DOT within 180 days from the issuance of the SUP and provide planning staff with a copy of the
issued permit.
38
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 2, 2014
Action Agenda
Item No. 8
SUBJECT: Comprehensive Plan and Unified Development ordinance Text Amendments
for Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan/UDO Amendment
Outline Form (UDO/Zoning 2013-06)
2. Proposed UDO and Comprehensive Plan
Text Amendments
3. Chart of Basic Zoning Program
Perdita Holtz, 919-245-2578
Craig Benedict, 919-245-2592
PURPOSE: To make a recommendation to the BOCC on Planning Director initiated text
amendments to the Comprehensive Plan and Unified Development Ordinance to implement a
program commonly referred to as “Agricultural Support Enterprises” outside of the Rural Buffer
land use classification.
BACKGROUND: The form in Attachment 1 contains additional information and analysis
regarding these County initiated amendments that will implement a program that has been in
development since 2001. The proposed amendments are contained in Attachment 2.
A chart depicting the basic zoning program for Agricultural Support Enterprises (ASE) uses is
included in Attachment 3. This chart shows which uses are allowed in which zoning districts
and directs users to the section of the UDO that contains any specific use standards. From a
zoning/land use perspective, the ASE program involves:
• creating a new conditional zoning district (ASE-CZ),
• adding additional permitted uses to some of the existing general use zoning districts,
• creating use-specific standards that ASE uses must meet,
• updating some of the development standards in Article 6,
• defining what the use is (Article 10 – Definitions), and
• amending the Land Use and Zoning Matrix of the 2030 Comprehensive Plan to show
which Land Use classifications the new conditional zoning district (ASE-CZ) would
potentially be allowed in.
Advisory Board Review
The “Amendment Outline Form” (Attachment 1) for these amendments was approved by the
BOCC at its September 5, 2013 regular meeting. The amendments have been reviewed three
times by the Agricultural Preservation Board and twice by the Planning Board’s Ordinance
Review Committee (ORC) (see Section C.2.b in Attachment 1 for more information) and
39
comments made by these boards have been incorporated into the proposed amendments. Both
advisory boards are supportive of moving forward with the ASE program.
At the BOCC work session on May 14, 2013, the BOCC asked staff to get input from the
advisory boards, especially the Agricultural Preservation Board, on whether removing the more
intensive uses from the new conditional zoning district (ASE-CZ) would be acceptable. Both the
Agricultural Preservation Board and the ORC are supportive of allowing applicants to apply for
as many agriculturally-related uses as possible since the new ASE-CZ enables projects to be
considered on a site-specific, case-by-case basis. There is acknowledgement that a project that
may not be suitable on a 3-acre parcel immediately adjacent to a residential subdivision may be
an appropriate use on a 20-acre parcel with limited neighbors. The new conditional zoning
district would give the Board of Commissioners discretion in deciding these types of situations.
Information about the ASE program, including the public information meeting, was posted on the
Planning Department’s website
(http://orangecountync.gov/planning/AgriculturalSupportEnterprises.asp) on January 24, 2014.
Public Hearing
The proposed UDO amendments were heard at the February 24, 2014 joint public hearing. A
summary of comments made at the hearing is included in Section C.1.b of Attachment 1.
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.
Planning Director’s Recommendation
The Planning Director recommends approval of the proposed Comprehensive Plan and UDO
amendments on the basis that these amendments further the following Goals and Objectives of
the Comprehensive Plan:
Planning Principle #5: Preservation of Rural Land Use Pattern
Planning Principle #8: Preservation of Community Character
Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and
horticulture and their respective lands.
Natural and Cultural Systems Goal 3: Infrastructure and support systems for local and
regional agriculture.
Objective AG-3: Develop programs and associated infrastructure facilities to make local
farms more economically viable, including local farm product processing, development of
a distribution center, and marketing initiatives.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
40
RECOMMENDATION: The Planning Director recommends the Planning Board:
1. Deliberate as necessary on the proposed UDO amendments;
2. Consider the Planning Director’s recommendation to approve the Comprehensive Plan
and UDO amendments contained in Attachment 2; and,
3. Make a recommendation to the BOCC on the proposed UDO text amendments in time for
the May 20, 2014 BOCC meeting.
41
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-06
Agricultural Support Enterprises Outside of the Rural Buffer Land Use Classification
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s): Appendix F: Land Use and Zoning Matrix
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Numerous sections in order to establish a new conditional zoning
district, define uses, designate zoning districts for uses, and
establish/modify various standards for uses.
Other:
B. RATIONALE
1. Purpose/Mission
To complete the Agricultural Support Enterprises (ASE) project that has been in
development since 2001. The purpose of ASE is to enable bona fide farmers to
engage in appropriate uses related to agriculture on their farmland in order to
generate additional farm income with the intent of better enabling farmers to keep
Attachment 1 42
2
farming, thereby preserving an important part of Orange County’s heritage. Use-
specific and general development standards are also proposed in order to minimize
any adverse impacts on adjoining and nearby properties. The ASE program will
potentially allow for development of more agriculturally-related uses in the county by
utilizing a new conditional zoning district (ASE-CZ). The proposed amendments will
also expand agriculturally-related uses in some of the general use zoning districts.
2. Analysis
A separate text amendment is being proposed that would make the ASE program
applicable within the Rural Buffer land use classification. Readers are encouraged to
view the materials for the separate amendment if they are interested in the
applicability of the program to the Rural Buffer.
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 Agricultural Support Enterprises (ASE) project has been in development since
2001 and has been known by other names (“Rural Enterprises” and “Agricultural
Services”) in the past. The project has been on several Board of County
Commissioners (BOCC) agendas through the years and the following meeting
materials can be reviewed for additional context:
February 23, 2004 http://orangecountync.gov/OCCLERKS/0402231.pdf
March 29, 2004 http://orangecountync.gov/OCCLERKS/040329.htm (JPA
Information Item)
February 28, 2005 http://orangecountync.gov/OCCLERKS/050228c1.pdf
May 23, 2005 http://orangecountync.gov/OCCLERKS/050523d1.pdf
May 22, 2006 http://orangecountync.gov/OCCLERKS/060522d2.pdf
May 21, 2007 http://orangecountync.gov/OCCLERKS/070521d1.pdf
June 12, 2007 http://orangecountync.gov/OCCLERKS/0706124ii.pdf
August 27, 2007 http://orangecountync.gov/OCCLERKS/070827d1.pdf
May 14, 2013 http://orangecountync.gov/occlerks/130514.pdf
September 9, 2013 http://orangecountync.gov/occlerks/130909.pdf
November 21, 2013 http://orangecountync.gov/occlerks/131121.pdf (Assembly of
Governments meeting)
This project is included in the “Future Phase Suggestions” section of the UDO
“Implementation Bridge.” A multi-department staff group has been working on this
program. Departments include DEAPR, Economic Development, Environmental
Health, and Planning & Inspections (including Building Code staff).
Completion of the ASE zoning program is also included in the County’s adopted
(2009) Agricultural Development and Farmland Protection Plan available at:
http://www.orangecountync.gov/ercd/documents/farmland%20protection/Orange%20
County%20ADFPP%20Adopted%2011-17-09.pdf
43
3
The proposed amendments build heavily upon the work that has been completed
since 2001, with some minor deviations to account for changes in statutes related to
bona fide farms and to follow the general cadence of the County’s UDO (the former
program had been written to fit into the former Zoning Ordinance) while maintaining
the integrity of the UDO. As an example of a minor deviation, the former program
proposed to allow for several of the new use categories to be permitted by right in the
R-1 (Rural Residential) zoning district. Because this is inconsistent with the purpose
of the R-1 zoning district, which is “to provide locations for rural non-farm residential
development…” [underline added], staff is not including these uses as permitted by
right in the R-1 district; property owners currently zoned R-1 who wish to engage in
these uses can choose to apply for the new ASE-CZ zoning district or even the AR
(Agricultural Residential) zoning district (in which these uses are proposed to be
permitted by right).
The proposed text amendment would add a number of agriculturally-related
uses/activities as “permitted by right” in several general use zoning districts, subject
to the use-specific standards proposed in Article 5 and the general development
standards in Article 6. The added uses are shown in red text in Section 5.2.1 (Table
of Permitted Uses – General Use Zoning Districts).
The proposed text amendment also includes a new conditional zoning district, ASE-
CZ. Conditional zoning districts allow applicants to apply for a rezoning that can be
considered on a case-by-case basis, taking into account the suitability of a particular
parcel of land for a proposed use(s). Mutually agreed upon development or
operational conditions can also be applied to the rezoning action. Conditional
districts are a regulatory tool that help local governments allow appropriate uses on a
site-specific basis while also allowing the imposition of conditions that may help ease
nearby residents’ concerns about a particular use. The types of uses that can be
applied for as an ASE-CZ are listed in Section 5.2.3 (Table of Permitted Uses –
Conditional Zoning Districts).
Use-specific development standards for most of the new uses are proposed in Article
5. The standards are intended to mitigate any adverse impacts a proposed use may
cause to adjacent properties. Additionally, the development standards applicable to
all development in Orange County (Article 6 of the UDO) will apply to the uses
included in this amendment; examples of the standards in Article 6 are: land use
buffers, parking, signage, stream buffers, and performance standards such as noise.
The proposed amendments also add definitions to Article 10 of the UDO. Definitions
are an important aspect of regulations as they are used to describe a specific activity
so they assist is helping applicants and staff categorize a particular use to ensure it is
permitted correctly.
The Land Use and Zoning Matrix in the Comprehensive Plan is proposed to be
amended to show that the ASE-CZ zoning district could be applied in the following
land use classifications:
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4
• Commercial Transition Activity Node • Rural Community Activity Node
• Commercial-Industrial Transition Activity
Node
• Rural Neighborhood Activity Node
• Rural Residential • Rural Industrial Activity Node
• Agricultural Residential
If the amendments are adopted, a manual for the layperson to use will be developed
by DEAPR and Planning staff.
The Planning Director recommends approval of the proposed amendments on the
basis that they further the goals of the Comprehensive Plan listed in (3) below.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Planning Principle #5: Preservation of Rural Land Use Pattern
Planning Principle #8: Preservation of Community Character
Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and
horticulture and their respective lands.
Natural and Cultural Systems Goal 3: Infrastructure and support systems for local
and regional agriculture.
Objective AG-3: Develop programs and associated infrastructure facilities to make
local farms more economically viable, including local farm product processing,
development of a distribution center, and marketing initiatives.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
February 24, 2014
At the quarterly public hearing, the following comments were made:
1. The Staff Attorney raised issues of legal sufficiency with three definitions/standards
45
5
sections.
Staff Response: The County Attorney’s office suggested edits to be made to correct
concerns about legal sufficiency and those edits have been incorporated into the
proposed text.
2. A BOCC member asked about how conditional zoning fits into the program and
expressed concern with uses developed as part of the Conditional Zoning process
and what happens if project cannot meet established standards.
Staff Response: A new conditional zoning district (ASE-CZ) is being proposed for
Agricultural Support uses. The requirements of the UDO would have to be met in
order to obtain a permit and the use would have to keep operating under the
conditions of the permit. A use that does not keep operating under the conditions of
the permit and other UDO requirements would have zoning enforcement taken to
correct any deficiencies.
3. A BOCC member asked why the R-1 (Rural Residential) zoning district was not
having ASE uses added to it.
Staff Response: As has been explained in Footnote #8 in the amendment package,
the stated purpose of the R-1 zoning district is to provide for rural non-farm residential
development. Because of the emphasis on non-farm development, Planning staff
believes adding farming-related uses to the R-1 zoning district would be inconsistent
with the stated purpose of the district. Farms currently located in the R-1 zoning
district that desire to add ASE-related uses can either apply to have their property
rezoned to AR (Agricultural Residential) or can apply for the new ASE-CZ zoning
district.
4. A BOCC member asked if looking at conditional zoning districts on a case-by-case
basis is OK or whether it would create legal problems.
Staff Response: The Staff Attorney answered that the conditional zoning district is
legally sufficient. Further Planning Staff Comment: This question seems to arise
from past concerns by this BOCC member about avoiding “spot zoning,” which
occurs when a particular piece of property is zoned differently (in a general use
district) from surrounding or nearby property. It should be noted that spot zoning is
legally defendable if it is done consistent with a Comprehensive Plan. To require
otherwise would mean that local governments could not effect land use changes
through rezonings because no property could be zoned differently from nearby
property. Spot zoning is not legally defensible if a rezoning is not consistent with a
jurisdiction’s Comprehensive Plan. Regardless, case law has decided that
conditional zoning does not constitute spot zoning. Spot zoning is applicable to
general use zoning districts.
5. A BOCC expressed concern about water issues and the proposed text that will
require higher water users to complete a groundwater study when other types of uses
are not required to complete studies.
Staff Response: The Staff Attorney stated this was a policy issue and did not create
a legal problem. Further Planning Staff Comment: The requirement for a
groundwater study for uses expected to be high water users was added to the ASE
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6
amendments after the November 2013 Assembly of Governments meeting because
concern was expressed about allowing uses that could consume a lot of groundwater
in areas of the county that are not served by public water systems. Concern over
sustainable water quantities/quality is sometimes expressed during the review
process for a variety of development projects and in 2001 the U.S. Geological Survey
(USGS) completed a study entitled “Investigation of Ground-Water Availability and
Quality in Orange County, North Carolina.” The study found the mean groundwater
recharge for the 12 basins in the county to be 4.90 inches per year (365 gallons per
day per acre), although arguments have been made in the past that the years studied
were particularly wet.
To date, Orange County has not chosen to regulate land uses completely on the
basis of groundwater recharge rates, but Planning staff is supportive of a
policy/requirement to lessen any impact high water users may have on neighboring
properties. Planning staff recommends requiring the groundwater study for high
water users. While it is correct that ASE-related uses are being singled out at this
point, this is because uses other than single family residential uses are generally not
currently allowed in areas of the county that rely on individual wells for their water
supply.
6. A Planning Board member stated he believed some of the proposed regulations were
too limiting.
Staff Response: The ASE program has been in development since 2001 and one of
the reasons it has taken so long is that there have been disagreements over the
years about how lenient or restrictive the regulations should be. The Agricultural
Preservation Board is supportive of adopting these proposed amendments and
Planning staff recommends that rather than re-opening long-standing debates about
how restrictive or permissive the regulations should be, that the amendments as
proposed should be adopted and if, in the future, the need is identified to further
refine any particular portions, additional amendments can be undertaken at that time.
7. A Planning Board member asked whether exempt agricultural uses would be taken
into account when determining if a groundwater study would be required.
Staff Response: Exempt agricultural uses are not limited in the amount of water they
can use. Language has been added to appropriate sections of the proposed text to
clarify that bona fide farm uses are not required to be included in the calculations for
a groundwater study.
8. A member of the public expressed support for the amendments and for anything that
can be done to help farmers make ends meet.
9. A member of the public stated this is an important concept and water is a big issue to
be considered.
10. A member of the BOCC stated that the largest farmers in the county, such as
commodity farmers, are likely to just keep doing what they’re doing but that this
program is most likely to benefit smaller farmers who are looking to augment their
operations.
11. A member of the BOCC stated that low water users should be encouraged and the
47
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carrying capacity should not be exceeded.
c. BOCC Updates/Checkpoints
May 14, 2013 - work session
September 9, 2013 - special work session
November 21, 2013 - Assembly of Governments meeting (issues related to Rural
Buffer)
February 4, 2014 – approve legal ad for quarterly public hearing
April 15, 2014 – receive Planning Board recommendation on UDO amendment
package outside of the Rural Buffer
d. Other
12. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements and additional outreach as described below.
a. Planning Board Review:
October 2, 2013 – ORC Meeting
November 6, 2013 – ORC Meeting (continued) – Comments were incorporated
into the proposed amendments and the Planning Board stated it was ready
for the proposal to be heard at a public hearing
March 5, 2014 – for recommendation
b. Advisory Boards:
Agricultural Preservation Board (APB)
reviewed and discussed the entire
ASE program at its October 16,
November 20, 2013, and January 15,
2014 meetings
The consensus of the APB is that
the Board is supportive of moving
forward with the proposed ASE
program and would like farmers to
have the ability to apply for as many
types of agriculturally-related uses
as possible.
c. Local Government Review:
November 21, 2013 AOG Meeting to
Present to Elected Officials
August 13, 2013 - Planning staff
informally notified Chapel Hill and
Carrboro Planning Directors of work
in progress and anticipated AOG
item
Proposed amendment package
formally sent to JPA partners on
January 17, 2014. To date, no
comments have been received.
d. Notice Requirements
48
8
Item was included in the legal advertisement for the February quarterly public
hearing which was published in The Herald Sun and the News of Orange on
February 12 and 19, 2014.
e. Outreach:
13. 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 County
staff included in Departmental staffing budgets will accomplish the work required to
process this amendment and to develop the accompanying manual for the layperson.
D. AMENDMENT IMPLICATIONS
These amendments incorporate land uses the agricultural community would like to see
specifically included on the Table of Permitted Uses (Section 5.2) (as opposed, for
example, being considered “Retail, Class 1”). The amendments also establish a new
conditional zoning district (ASE-CZ) and denote the types of uses that may be applied
for as part of an ASE-CZ rezoning application, potentially allowing for development of
more agriculturally-related uses in the county. The proposed amendments will also
expand agriculturally-related uses in some of the general use zoning districts.
Please also see section B.2 above for additional information.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2
Primary Staff Contact:
Perdita Holtz
Planning & Inspections
919-245-2578
pholtz@orangecountync.gov
General Public: The Public Information Meeting scheduled for February 13,
2014 had to be rescheduled to February 17 due to inclement
weather. The meeting was advertised in the legal ad, press
release, and posted flyers in government buildings/facilities
and businesses in the county.
Small Area Plan Workgroup:
Other: Planning staff has worked with DEAPR staff and the Agricultural
Preservation Board to ensure the “agricultural community” is
informed of the amendments.
49
Amendment Package for “Agricultural Support Enterprises” Outside of the Rural Buffer
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text and Comprehensive Plan text to adopt changes related to “Agricultural
Support Enterprises,” as it is applicable outside of the Rural Buffer land use classification. The
changes are consistent with the general program that has been in development since 2001. A
separate text amendment is available for Agricultural Support Enterprises (ASE) within the Rural
Buffer. The text amendments are being proposed separately because an amendment is
necessary to the Joint Planning Area Land Use Plan and Agreement in order to apply the ASE
program within the Rural Buffer land use classification. The required amendment is anticipated
to occur during 2014 but County staff thought it would be prudent to separate the Rural Buffer
information from the remainder of the county since the Rural Buffer portion is expected to be on
a longer timeframe of review.
The purpose of the ASE project is to augment allowable uses farmers throughout Orange
County’s planning jurisdiction can pursue in order to generate additional farm-related income
and to potentially allow farming support/related uses in rural areas while minimizing any adverse
impacts on adjoining property by applying special standards for specific uses and the
development requirements in the County’s UDO for all projects. By better enabling farmers to
stay in the business of farming, the rural, farming heritage of Orange County will continue to be
preserved.
Proposed additions/changes to existing text are depicted in red; text in red is unchanged from
text presented at the February 24, 2014 quarterly public hearing. Text in blue was presented at
the quarterly public hearing as proposed changes to the originally proposed language. Text in
green are changes proposed after the quarterly public hearing to correct errors, clarify intent (in
response to questions asked at the public hearing), or to address issues of legal sufficiency
raised by the County Attorney’s office at the public hearing. Some of the proposed changes
utilize footnotes to provide a brief explanation as to rationale. 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
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.
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. Text with a large “X” is not proposed for
deletion; proposed deletions are shown in strikethrough text.
50
Article 2: Procedures
Section 2.4: Zoning Compliance Permits
not be issued until the aforementioned permit has been issued by the responsible board
in accordance with the review and approval procedures detailed herein.
(B) Issuance of a Special Use or Conditional Use Permit does not negate the requirement for
a Zoning Compliance Permit.
(C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and
complete construction or change the use/occupancy of a lot or building should
regulations change subsequent to issuance of said permit.
(D) Application for Zoning Compliance Permit shall specify the method of disposal of trees,
limbs, stumps and construction debris associated with the permitted activity. Open
burning of trees, limbs, stumps, and/or construction debris associated with the permitted
activity is expressly prohibited.
(E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Building Inspector has, after final inspection,
issued a Certificate of Occupancy indicating compliance with all the provisions of this
Ordinance.
(F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Orange County Health Department has
approved the water supply and sewage disposal systems serving that use.
(G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water
supply and sewage disposal system by the Health Department shall in no case be
construed as waiving any provision of this Ordinance.
(H) Zoning Compliance Permits shall become null and void after 18 months from the date of
issuance if a building permit is not applied for or land disturbing activities are not
commenced in accordance with the provisions of this Ordinance.
2.4.3 Plot Plan Specifications
(A) For development types requiring a plot plan rather than a site plan, the plot plan shall
contain the following:
(1) A scaled drawing denoting the length of all property lines,
(2) A north arrow denoting the orientation of the lot and all proposed structures,
(3) The location of all existing structures, driveways, and areas of impervious
surface1,
(4) The location of the proposed structure(s) and distances from all property lines,
(5) The location of the proposed driveway,
(6) The location of the proposed septic system and proposed drain lines on the
property,
(7) The location of the proposed well, and
(8) The location of any protected features on the property (i.e. stream buffers, flood
plain, wetlands, etc)., and
(9) The location and dimensions of proposed parking areas.
1 Staff recommends adding this language to the requirements for a plot plan. This section seems to have been
written only with new construction in mind. However, denoting the location of these items has always been asked
by staff or else impervious surface could not be calculated for a lot. Additionally, some structure types are
required by the building code to be a certain distance from other structures so without the information on the plot
plan, it would be impossible for staff to determine compliance.
Orange County, North Carolina – Unified Development Ordinance Page 2-8
51
Article 2: Procedures
Section 2.5: Site Plan Review
(B) Base plot plans are available from the Planning Department and can be printed for a fee
in accordance with the established fee schedule. Applicants may also use other sources
of base plot plans provided the requirements of this Section are met.
(1) Planning staff is available to discuss compliance matters but shall not complete
plot plans.
SECTION 2.5: SITE PLAN REVIEW
2.5.1 Review and Approval Flow Chart
The review and approval process for a Site Plan is
shown in the procedure’s flowchart.
2.5.2 Application Requirements
(A) Each site plan shall be prepared and
sealed by an appropriately licensed
professional with the following exceptions.
The following are exempt from this
requirement but must provide a plot plan
pursuant to Section 2.4.3.2:
(1) Proposed additions to existing
permitted non-residential structures
where the use of the structure and
lot has not changed and the floor
area is not increased more than
25%.
(2) Accessory structures to existing
permitted non-residential structures
where vehicular use area is not
extended and changes to existing
grade are not more than one foot in
elevation.
(3) Large day care homes, as defined
in Article 10, Definitions.
(4) Rural Guest Establishments with
three guestrooms or less - Bed &
Breakfasts.
(5) Cooperative Farm Stand.
(6) Rural Special Events.
(7) Non-Farm Use of Farm Equipment.
(B) The applicant shall submit to the Planning and Inspections Department:
(1) Three copies of the site plan prepared in accordance with the provisions detailed
in this Section. Additional copies may be required depending on the nature and
location of the proposed development);.
(2) The completed site plan application form;
(3) A copy of the Orange County tax map with the subject property identified;
2 Staff recommends this additional language to provide more clarity that a plot plan is (and has always been)
required for the uses in this list.
Planning Director Review and Final
Decision: Approval, Approval with
Conditions, or Denial [1]
[1] If Plan is approved with conditions, no
zoning permit authorization or building
permit issued until conditions satisfied
Completed Application
Distributed to Applicable
Agencies, Development Advisory
Committee, and Other
Departments for Review
Determination of Completeness
By Planning Director
Site Plan
Application
Submittal
Orange County, North Carolina – Unified Development Ordinance Page 2-9
52
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
(D) A rezoning request to a Conditional District is a voluntary procedure that is intended for
firm development proposals.
3.8.3 Districts Established
(A) Conditional Zoning Districts
(1) Conditional Zoning (CZ) Districts are floating zoning districts, permitted within
most land use designations allowing for the development of specific land uses, in
accordance with established standards.
(2) A CZ requires the approval of a rezoning by the Board of County Commissioners,
approval of a site plan or Master Plan, and may include agreed-upon conditions
of development.
(3) The following CZ districts are hereby established:
(a) Agricultural Support Enterprises (ASE-CZ)
(b) Mobile Home Park (MHP-CZ)
(c) Master Plan Development (MPD-CZ)
(d) NC Highway 57 Speedway Area Rural Economic Development Area
(REDA-CZ-1)
(4) Land uses permitted within CZ districts shall be those uses detailed within
Section 5.2 of this Ordinance.
(5) Development standards for each district are located in Article 6 of this Ordinance.
(B) Conditional Use Districts
(1) Conditional Use Districts allow for the development of a specific land use, or land
uses, listed on the Table of Permitted Uses in Section 5.2 of this Ordinance, even
if such use is not listed as a permitted use or special use under the current
zoning designation of the subject property.
(2) Conditional Use Districts shall conform to all applicable development regulations,
including uses, for the corresponding general use zoning district, as well as any
specific use standards and development standards established in Articles 5 and
6 of this Ordinance.
(3) A Conditional Use District requires the approval of a rezoning by the Board of
County Commissioners, approval of a site plan, the issuance of a Class A
Special Use Permit, and may include agreed-upon conditions of development.
3.8.4 Where Permitted
(A) Conditional Districts are permitted in any Land Use classification and shall be located
consistent with the existing general development pattern and the objectives of the
adopted Comprehensive Plan and any adopted small area plan(s).
(B) Conditional Districts are permitted within areas subject to the Joint Planning Agreement
(JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the
terms and standards of the JPA.
(C) Conditional Districts are permitted within the University Lake, Cane Creek, and Upper
Eno Protected and Critical Watershed Overlay Districts.
Orange County, North Carolina – Unified Development Ordinance Page 3-63
53
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
ASE-CZ
AGRICULTURAL SUPPORT
ENTERPRISES
DIMENSIONAL AND RATIO STANDARDS 3
Lot size, min., per use
(square feet) 40,000 [1]
Lot Width, min. (feet) 150
PURPOSE Front Setback from
ROW, min. (feet) 40
The purpose of the Agricultural Support Enterprises (ASE-CZ)
District is to provide for agriculturally-related activities that are not
considered bona fide farming activities within the County’s planning
jurisdiction.
Side Setback, min.
(feet) 20 [2]
Rear Setback, min.
(feet) 20 [2]
APPLICABILITY Height, max. (feet) 45 [3]
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed development, the
relationship of the site and site development plan to adjoining
property, and the development itself.4 This district shall not be
applied in the Rural Buffer land use classification, as designated by
the adopted Comprehensive Plan.5
Floor Area Ratio, max No requirement [4]
Required Open Space
Ratio, min. No requirement [4]
Required Livability
Space Ratio, min. No requirement [4]
Required Recreation
Space Ratio, min. No requirement [4]
DIMENSIONAL STANDARDS NOTES:6
[1] Lot size for individual uses shall be appropriate to the method of
water supply and sewage disposal.
[2] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] The overall development will be evaluated to ensure compatibility
with surrounding properties and with planning objectives.
Required Pedestrian /
Landscape Ratio, min. No requirement [4]
ASE-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS 7
1. Uses shall be restricted to those indicated for the ASE-CZ District in Section 5.2. Additionally, non-residential uses
are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section
4.2.3 for land use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3 These standards are consistent with other existing zoning districts such as AR and AS and/or are consistent with
how other CZ districts are handled.
4 This statement is consistent with the statements made for other CZ districts.
5 An amendment to allow certain ASE-CZ uses in the Rural Buffer land use classification will be processed
separately. This is because revisions to the Joint Planning Area (JPA) Land Use Plan and Agreement must occur
before this zoning classification can be considered for the Rural Buffer.
6 Consistent with how similar uses/zoning districts are written.
7 These are typical of other zoning districts and seek to direct users to other applicable sections of the UDO. #3
also clarifies that residential uses in the ASE-CZ district are incidental.
Orange County, North Carolina – Unified Development Ordinance Page 3-64
54
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of
individual dwellings that can be developed on a parcel of property). The ASE-CZ district is not intended for
residential uses such as subdivisions. Any residential uses are to be occupied by the operator of the associated
farm or the proprietor of the approved use.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
Orange County, North Carolina – Unified Development Ordinance Page 3-65
55
Article 5: Uses
Section 5.1: Establishment of Use Regulations
(C) In addition to the listing of such uses, the Board of County Commissioners intends that
the general standards and the more specific requirements established herein, shall be
used by the Board of Adjustment, the Planning Board and the Board of County
Commissioners, as appropriate, to direct deliberations upon application or the approval of
Special Uses.
(D) It is the express intent of the Board of County Commissioners to delineate the areas of
concern connected with each Special Use and to provide standards by which applications
for such Special Use shall be evaluated.
(E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove
There are hereby established the following classes of Special Uses which shall be
approved or disapproved as shown:
(1) Class A - Approved or disapproved by Board of County Commissioners
(2) Class B - Approved or disapproved by Board of Adjustment
5.1.4 Conditional Uses
(A) The Board of County Commissioners is mindful of its responsibility to protect the public
health, safety and general welfare of the residents of Orange County and intends to
encourage development within the County consistent with that purpose.
(B) The Board of County Commissioners also recognizes that certain uses are appropriate
for development in Orange County but their location and site development specifics
cannot be predetermined or regulated through the use of a general zoning district
designation and conventional standards.
(C) Conditional Uses and Conditional Use Districts are hereby established and shall be
reviewed in accordance with the provisions of this Ordinance.
(D) Permitted Uses
(1) Any use listed as Permitted by Right or by Special Use Permit on the Table of
Permitted Uses may be approved as a Conditional Use within a Conditional Use
District, unless expressly excluded in Section 5.1.4(E) of this Ordinance.
(2) Permitted uses are subject to all general and specific standards of approval for
that use, as established within this Section.
(E) Exclusions
(1) Unless otherwise noted in Section 5.2, the following uses shall not be considered
or approved as a Conditional Use District within the Commercial-Industrial
Transition Activity Node or Economic Development Transition Activity Node land
use classifications, as designated by the adopted Comprehensive Plan:
(a) Airports, General Aviation, Heliports, S.T.O.L,
(b) Class II Kennels,
(c) Commercial Feeder Operation,
(d) Composting Operation with grinding,
(e) Crematoria,
(f) Extraction of Earth Products,
(g) Junkyards,
(h) Landfills (less than 2 acres),
(i) Landfills (2 acres or more),
(j) Meat Processing Facility, Regional,
Orange County, North Carolina – Unified Development Ordinance Page 5-2
56
Article 5: Uses
Section 5.1: Establishment of Use Regulations
(k) Military Installations (National Guard & Reserve Armory),
(l) Residential Hotel (Fraternities, Sororities, and Dormitories),
(m) Riding Stables, Commercial,
(n) Sawmills,
(o) Stockyards / Livestock Markets, and
(p) Waste Management Facility; Hazardous & Toxic
(2) For all land use classifications other than the Commercial-Industrial Transition
Activity Node or Economic Development Transition Activity Node, the following
uses shall not be considered or approved as a Conditional Use District:
(a) Agricultural Processing Facility
(b) Airports, General Aviation, Heliports, S.T.O.L,
(c) Bus Terminals & Garages,
(d) Class II Kennels,
(e) Commercial Feeder Operation,
(f) Composting Operation with grinding,
(g) Crematoria,
(h) Drive-In Theaters,
(i) Extraction of Earth Products,
(j) Farm Equipment Rental, & Sales and Service,
(k) Feed, Seed, Storage & Processing Mill,
(l) Funeral Homes,
(m) Health Services: Over 10,000 square feet,
(n) Hospitals,
(o) Hotels & Motels,
(p) Industrial, Light,
(q) Industrial, Medium,
(r) Industrial, Heavy,
(s) Junkyards,
(t) Landfills (less than 2 acres),
(u) Landfills (2 acres or more),
(v) Meat Processing Facility, Regional,
(w) Military Installations (National Guard & Reserve Armory),
(x) Motor Freight Terminals,
(y) Motor Vehicle Maintenance & Repair (Body Shop),
(z) Motor Vehicle Repair Garage,
(aa) Petroleum Products: Storage & Distribution,
(bb) Research Facility,
(cc) Residential Hotel (Fraternities, Sororities, and Dormitories),
(dd) Riding Stables, Commercial,
Orange County, North Carolina – Unified Development Ordinance Page 5-3
57
Article 5: Uses
Section 5.1: Establishment of Use Regulations
(ee) Sawmills,
(ff) Stockyards / Livestock Markets,
(gg) Storage of Goods, Outdoor,
(hh) Waste Management Facility; Hazardous & Toxic, and
(ii) Wholesale Sales.
Orange County, North Carolina – Unified Development Ordinance Page 5-4
58
Article 5: Uses
Section 5.2: Table of Permitted Uses
SECTION 5.2: TABLE OF PERMITTED USES
5.2.1 Table of Permitted Uses – General Use Zoning Districts
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
AGRICULTURAL USES
Agricultural Processing Facility ~ * * * *
Agricultural Processing Facility, Community ^ * * * * *
Agricultural Services Uses * *
Cold Storage Facility A * * *
Commercial Feeder Operation ~9 * * *
Community Farmers’ Market ^ * * * * * *
Composting Operation, no grinding A
Composting Operation, with grinding ~ A
Cooperative Farm Stand ^ * * * *
Equestrian Center A
Farm Equipment Rental, & Sales and Service ~ * * * * *
Farm Supply Store * * * * *
Feed, Seed, Storage & Processing Mill ~ * * *
Greenhouses with (On Premises Sales) ^ 10 * * * * * *
8 It should be noted that the pre-2010 ASE work proposed that many of the ASE-related uses would also be allowed in the R-1 (Rural Residential) zoning
district. Planning staff is recommending that farming-related uses not be added to the R-1 zoning district as permitted uses because the stated purpose of the
R-1 zoning district is “to provide for rural non-farm residential development…” (emphasis added). Farming ventures currently located in an R-1 zoning district
can apply to have property rezoned to either AR (Agricultural Residential) or ASE-CZ if there is interest in pursuing additional uses on the farmed property.
9 This is considered a bona fide farm under State Statutes and cannot be regulated with zoning so it is being recommended for deletion by staff.
10 Moved from “Commercial Uses” section
Orange County, North Carolina – Unified Development Ordinance Page 5-5
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Meat Processing Facility, Community ^ * * * * *
Meat Processing Facility, Regional ~ A
Non-Farm Use of Farm Equipment ^ * *
Riding Stables, Commercial ~ B B B B B B
Stockyards / Livestock Markets ~ *
CHILD CARE & EDUCATIONAL FACILITIES
Center in a Residence for 3 to 12 Children * * * * * * * * * * * * * *
Child Care Facilities B B B B B B B B B * * * * * *
Libraries * * * * *
Non-Profit Educational Cooperative A
Schools: Dance, Art & Music * * * * * *
Schools: Elementary, Middle & Secondary A A A A A A A A A A
Schools: Vocational * * * * *
Universities, Colleges & Institutes * * * * * *
COMMERCIAL USES
Banks & Financial Institutions * * * * *
Beauty & Barber Shops * * * * *
Rural Guest Establishment: Bed & Breakfast ^ 11 * * *
Rural Guest Establishment: Bed & Breakfast Inn ^ B B
Rural Guest Establishment: Country Inn ^ A A
Country Store * * *
Drive In Theaters ~ *
11 The three “Rural Guest Establishment” types will be moved to alphabetical order within the list as well.
Orange County, North Carolina – Unified Development Ordinance Page 5-6
60
Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Funeral Homes ~ * *
Garden Center (On Premises Sales) * * * * *
Greenhouses (No On Premises Sales)12 * * * * * * * *
Greenhouses (On Premises Sales)13 * * * * * *
Hotels & Motels ~ * *
Junkyards ~ A A A
Kennels, Class II ~ ^ B B B B B B
Laundry & Dry Cleaning Services * * * * *
Massage, Business of * *
Microbrewery with Minor Events ^ B B B B
Nightclubs, Bars, Pubs * * *
Offices & Personal Services, Class 1 * * * * * * * * *
Offices & Personal Services, Class 2 * * * * * * *
Offices & Personal Services, Class 3 * * * *
Repair Service Electronic & Appliance * * * *
Restaurants: Carry Out * * * *
Restaurants: Drive In * * *
Restaurants: General * * * *
Retail, Class 1 * * * * *
Retail, Class 2 * * * *
Retail, Class 3 * *
12 This is a bona fide farm use and cannot be regulated by zoning
13 Moved to “Agricultural Uses” section
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Storage of Goods, Outdoor ~ * * * *
Storage of or Warehousing: Inside Building 14 * * * * * *
Studio (Art) * * * * * * * *
Taxidermy ^ B * * * * *
Tourist Home * * * * *
Wholesale Trade ~ * * * * * * *
Winery with Minor Events ^ B B B B
EXTRACTIVE USES
Extraction of Earth Products ~ A A A A A
GOVERNMENTAL USES
Governmental Facilities & Office Buildings * * * * * * * * * * * * * * * * * *
Governmental Protective Services (Police & Fire
Stations) Rescue Squads, Volunteer Fire
Departments
* * * * * * * * * * * * * * * * * *
Military Installations (National Guard & Reserve
Armory) ~ * * * *
MANUFACTURING, ASSEMBLY & PROCESSING
Assembly and Packaging Operations Including Mail
Order Houses, But Excluding On-Premises Retail
Outlets
* * * * *
Industrial, Heavy ~ *
Industrial, Light ~ * * * *
Industrial, Medium ~ * *
Microbrewery, production only ^ B * * *
14 Staff is suggesting this typographical error be corrected as part of this UDO amendment.
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Printing & Lithography * * * * * *
Sawmills ~ *
Winery, production only ^ B * * *
MEDICAL USES
Animal Veterinary Hospitals; Veterinarians 15 * * * * * * *
Health Services: Over 10,000 Sq. Ft. ~ *
Health Services: Under 10,000 Sq. Ft. * * * * *
Hospitals ~ * *
Veterinary Clinic B * * * * * * * * * *
Veterinary Clinic, mobile B B * * * * * * * * * *
RECREATIONAL USES
Botanical Gardens & Arboretums * * * * * * * * * * * * * * * * * * *
Camp/Retreat Center B B B
Golf Driving and Practice Ranges B * * *
Parks, Public & Non-Profit * * * * * * * * * * * * * * * * * *
Recreational Facilities (Non-Profit) B B B B B B B B B B B B B B B B B
Recreational Facilities (Profit) * * *
Golf Course A A A A A A A A A A A A A A A A A
RESIDENTIAL USES
Dwelling; Mobile Home * * * * * * * * * * *
Dwelling; Multiple Family * * * * * * * * *
Dwelling; Single-Family * * * * * * * * * * * * *
15 Will be moved to alphabetical order within this section
Orange County, North Carolina – Unified Development Ordinance Page 5-9
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Dwelling; Two-Family * * * * * * * * * * * *
Family Care Home * * * * * * * * * * * * * * *
Group Care Facility B B B B B B B B B B B B B B B
Rehabilitative Care Facility * * *
Residential Hotel (Fraternities, Sororities, and
Dormitories) ~ A A A A A
Rooming House * * * * *
TELECOMMUNICATIONS
Telecommunication Tower – Stealth (75 feet or
shorter) * * * * * * * * * * * * * * * * * * * * *
Telecommunication Towers (Over 75 feet and under
200 feet) B B B B B B B B B B B B B B B B B B B B B
Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A
TEMPORARY USES
Buildings, Portable B B B B B B B B B B B B B B
Temporary Mobile Home (Custodial Care) B B B B B B B B B B
Temporary Mobile Home (Use during
construction/installation of permanent residential unit
and for 30 days following issuance of Certificate of
Occupancy)
* * * * * *
AUTOMOTIVE / TRANSPORTATION
Bus Passenger Shelter * * * * * * * * * * * * * * * * * * *
Bus Terminals & Garages ~ * * * *
Motor Freight Terminals ~ * * *
Motor Vehicle Maintenance & Repair (Body Shop) ~ * * *
Motor Vehicle Repair Garage ~ * *
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Motor Vehicle Sales / Rental (New & Used) Δ1 * * * * * *
Motor Vehicle Services Stations * * * * *
Parking As Principle Principal Use, Surface or
Structure 16 * * *
Petroleum Products: Storage & Distribution ~ * * *
Postal & Parcel Delivery Services * * *
UTILITIES
Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B
Public Utility Stations & Sub-Stations, Switching
Stations, Telephone Exchanges, Water & Sewage
Treatment Plants
A A A A A A A A A A A A A A A A A A A A
Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B
Water & Sanitary Sewer Pumping * * * * * * * * * * * * * * * * * * * *
Solar Array – Large Facility B B B B B B B B B B B B B B B B B B B
Solar Array – Public Utility A A A A A A A A A A A A A A A A A A A
WASTE MANAGEMENT
Landfills (2 Acres or More) ~ A A A A A A A
Landfills (Less Than 2 Acres) ~ B B B B B B B
Waste Management Facility; Hazardous & Toxic ~ A A A
MISCELLANEOUS
Accessory Uses * * * * * * * * * * * * * * * * * * * * *
Airports, General Aviation, Heliports, S.T.O.L ~ A A A A A A
Assembly Facility Greater Than 300 * *
16 Staff is suggesting this typographical error be corrected as part of this UDO amendment.
1 See Section 5.14.1 5.15.1 for special standards
Orange County, North Carolina – Unified Development Ordinance Page 5-11
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 8 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Assembly Facility Less Than 300 * *
Cemetery B * B B B B B B B
Church * * * * * * * * * * * * * * * * * * *
Clubs or Lodges; Social; Fraternal or Union
Clubhouses * * * * * * * *
Community Center B B B B B B B B B * * * *
Crematoria ~ * * *
Historic Sites Non-Residential/Mixed Use A A A
Kennels, Class I * * * * * *
Research Facility ~ * * * * * * *
Research Lands & Installations, Non-profit *
Rural Heritage Museum B B B B
Rural Special Events ^ * *
Special Events (Less than 150) * * *
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Article 5: Uses
Section 5.2: Table of Permitted Uses
5.2.3 Table of Permitted Uses – Conditional Zoning Districts
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
AGRICULTURAL USES
Agricultural Processing Facility * *
Agricultural Processing Facility, Community *
Agricultural Services Uses * *
Cold Storage Facility * *
Commercial Feeder Operation 17
Community Farmers’ Market * *
Composting Operation, no grinding *
Composting Operation, with grinding *
Cooperative Farm Stand * *
Equestrian Center *
Farm Equipment Rental, & Sales and Service *
Farm Supply Store * *
Feed, Seed, Storage & Processing Mill * *
Greenhouses with (On Premises Sales) 18 * *
Meat Processing Facility, Community *
Meat Processing Facility, Regional *
Non-Farm Use of Farm Equipment *
Riding Stables, Commercial * *
Stockyards / Livestock Markets *
17 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff.
18 Moved from “Commercial Uses” section.
Orange County, North Carolina – Unified Development Ordinance Page 5-22
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
CHILD CARE & EDUCATIONAL FACILITIES
Center in a Residence for 3 to 12 Children
Child Care Facilities *
Libraries * *
Non-Profit Educational Cooperative
Schools: Dance, Art & Music *
Schools: Elementary, Middle & Secondary *
Schools: Vocational *
Universities, Colleges & Institutes *
COMMERCIAL USES
Banks & Financial Institutions *
Beauty & Barber Shops * *
Rural Guest Establishment: Bed & Breakfast 19 * *
Rural Guest Establishment: Bed & Breakfast Inn * *
Construction (Sector 23) *
Contractors, Building & Trade * *
Rural Guest Establishment: Country Inn * *
Country Store * *
Finance & Insurance (Sector 52) *
Funeral Homes *
Garden Center with (On Premises Sales) * *
Greenhouses (No On Premises Sales)20 *
19 The three “Rural Guest Establishment” types will be moved to alphabetical order within the list as well.
20 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff.
Orange County, North Carolina – Unified Development Ordinance Page 5-23
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Greenhouses (On Premises Sales) *
Hotels & Motels *
Insurance Carriers & Agents *
Junkyards
Kennels, Class I *
Kennels, Class II *
Laundry & Dry Cleaning Services *
Management of Companies & Enterprises (Sector 53) *
Massage, Business of *
Metal Fabrication Shop *
Microbrewery with Minor Events * *
Microbrewery with Major Events * *
Nightclubs, Bars, Pubs *
Offices & Personal Services, Class 1 * *
Offices & Personal Services, Class 2 *
Offices & Personal Services, Class 3 *
Professional, Scientific & Technical Services (Sector 54) *
Real Estate Agents & Brokers * *
Repair Service Electronic & Appliance *
Restaurants: Carry Out *
Restaurants: Drive In *
Restaurants: General *
Retail, Class 1 *
Retail, Class 2 *
Retail, Class 3 *
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Storage of Goods, Outdoor * * *
Storage or Warehousing: Inside Building * *
Studio (Art) * *
Taxidermy *
Theater, Indoor or Outdoor (including Drive-ins) * *
Tourist Home
Wholesale Trade *
Winery with Minor Events * *
Winery with Major Events * *
EXTRACTIVE USES
Extraction of Earth Products
GOVERNMENTAL USES
Governmental Facilities & Office Buildings *
Governmental Protective Services (Police & Fire Stations) Rescue
Squads, Volunteer Fire Departments *
Military Installations (National Guard & Reserve Armory)
Public Administration (Sector 92) *
MANUFACTURING, ASSEMBLY & PROCESSING
Assembly and Packaging Operations Including Mail Order
Houses, But Excluding On-Premises Retail Outlets *
Industrial, Heavy *
Industrial, Light *
Industrial, Medium *
Manufacturing (Sector 31-33) *
Microbrewery, production only * *
Pharmaceutical Products *
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Printing & Lithography *
Sawmills *
Winery, production only * *
MEDICAL USES
Animal Veterinary Hospitals; Veterinarians 21 * *
Health Services: Over 10,000 Sq. Ft. *
Health Services: Under 10,000 Sq. Ft *
Hospitals *
Veterinary Clinic * *
Veterinary Clinic, mobile * *
RECREATIONAL USES
Arts, Entertainment & Recreation (Sector 71)
Botanical Gardens & Arboretums *
Camp/Retreat Center *
Golf Driving and Practice Ranges *
Guest Ranch *
Parks, Public & Non-Profit * *
Recreational Facilities (Non-Profit) *
Recreational Facilities (Profit) *
Golf Course * *
Race Track (Motorized, etc.) and Go-Kart Track Facilities *
RESIDENTIAL USES
Dwelling; Mobile Home * *
21 Will be moved to alphabetical order within this section.
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Dwelling; Multiple Family *
Dwelling; Single-Family * *
Dwelling; Two-Family *
Family Care Home
Group Care Facility *
Rehabilitative Care Facility *
Residential Hotel (Fraternities, Sororities, and Dormitories)
Rooming House
TELECOMMUNICATIONS
Telecommunication Tower – Stealth (75 feet or shorter) * *
Telecommunication Towers (150 feet in height or shorter) * *
Telecommunication Towers (greater than 150 in height) * *
TEMPORARY USES
Buildings, Portable *
Temporary Mobile Home (Custodial Care) *
Temporary Mobile Home (Use during construction/installation of
permanent residential unit and for 30 days following issuance of
Certificate of Occupancy
*
TRANSPORTATION
Bus Passenger Shelter *
Bus Terminals & Garages *
Motor Freight Terminals *
Motor Vehicle Maintenance & Repair
(Body Shop) *
Motor Vehicle Repair Garage *
Motor Vehicle Sales Rental
(New & Used) *
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Motor Vehicle Services Stations *
Parking As Principle Principal Use, Surface or Structure22 *
Petroleum Products: Storage & Distribution *
Postal & Parcel Delivery Services * *
UTILITIES
Elevated Water Storage Tanks * *
Public Utility Stations & Sub-Stations, Switching Stations,
Telephone Exchanges, Water & Sewage Treatment Plants * *
Electric, Gas, and Liquid Fuel Transmission Lines * *
Water & Sanitary Sewer Pumping * *
Solar Array – Large Facility * *
Solar Array – Public Utility * *
WASTE MANAGEMENT
Landfills (2 Acres or More)
Landfills (Less Than 2 Acres)
Waste Management Facility; Hazardous & Toxic
MISCELLANEOUS
Accessory Uses * * * *
Airports, General Aviation, Heliports, S.T.O.L.
Assembly Facility Greater Than 300 Occupants * *
Assembly Facility Less Than 300 Occupants * * *
Cemetery
Church * *
Clubs or Lodges; Social; Fraternal or Union Clubhouses * *
22 Staff is suggesting this typographical error be corrected as part of this UDO amendment.
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Article 5: Uses
Section 5.2: Table of Permitted Uses
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Community Center * *
Crematoria (4) *
Historic Sites Non-Residential/Mixed Use * *
Information (Sector 51) *
Research Facility *
Research Lands & Installations, Non-profit *
Rural Heritage Museum *
Rural Special Events * *
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Article 5: Uses
Section 5.3: Application of Use Standards
SECTION 5.3: APPLICATION OF USE STANDARDS
5.3.1 In General
In addition to the general standards applied to uses in each zoning district and in accordance with
the Table of Permitted Uses, Sections 5.4 through 5.1517 establish additional standards for
specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional
Zoning Districts.
5.3.2 Special Uses
(A) General Standards
Before any application for a Special Use Permit shall be approved:
(1) The applicant shall have the burden of establishing, by competent material and
substantial evidence, in the form of testimony, exhibits, documents, models,
plans and other materials, that the application meets the requirements for
approval of a Special Use; and
(2) The Board of County Commissioners or Board of Adjustment shall make written
findings certifying compliance with the specific rules governing such individual
Special Use and that the use, which is listed as a Special Use in the district in
which it is proposed to be located, complies with all required regulations and
standards including the following general conditions:
(a) The use will maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated
according to the plan as submitted;
(b) The use will maintain or enhance the value of contiguous property
(unless the use is a public necessity, in which case the use need not
maintain or enhance the value of contiguous property); and
(c) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located
and the use is in compliance with the plan for the physical development
of the County as embodied in these regulations or in the Comprehensive
Plan, or portion thereof, adopted by the Board of County Commissioners.
(B) Specific Standards
In addition to the general standards stated in Section 5.3.2(A), the following specific
standards shall be addressed by the applicant before the issuance of a Special Use
Permit:
(1) Method and adequacy of provision of sewage disposal facilities, solid waste, and
water.
(2) Method and adequacy of police, fire and rescue squad protection.
(3) Method and adequacy of vehicular access to the site and traffic conditions
around the site.
(4) Other use specific standards as set forth herein.
(C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD
In addition to the general and specific standards for all Special Use Permits, the following
standards shall be addressed by the applicant before the issuance of a Class A Special
Use Permit within the Hillsborough Economic Development District:
(1) General Provisions
Section number
update
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Article 5: Uses
Section 5.6: Standards for Commercial Uses
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 description of the type facility planned, the number of occupants, and
the development schedule.
(b) A site plan showing existing and proposed contours. Proposed
buildings, parking, access, service, recreation, landscaped and screened
areas.
(c) Other criteria as set forth in sections 6.2.11 and 6.3.
(d) A statement concerning the provision of public services which shall
include fire, police and rescue protection.
(2) Standards of Evaluation –
(a) Adequate parking, access and service areas are provided for the site.
(b) Parking, service areas and buildings are adequately screened from
adjacent residential uses.
(c) Improved recreational facilities are provided for occupants.
(d) Other criteria as set forth in sections 6.2.11 and 6.3.
(e) Letters from public service agencies attesting to the adequacy of the
provision of public services such as fire, police and rescue.
SECTION 5.6: STANDARDS FOR COMMERCIAL USES
5.6.1 Nightclubs, Bars and Pubs
(A) General Standards for Evaluation
(1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a
residence.
5.6.2 Massage Business
(A) General Standards for Evaluation
(1) Must comply with the Ordinance for the Control of Massage and Massage
Establishments
(2) The submittal of construction plans for all existing and proposed buildings
housing the massage business. The construction plans shall include floor plans
and cross sections showing the proposed use of all portions of such buildings.
(3) For existing buildings, certification by the Orange County Building Inspector that
the structure(s) complies with the North Carolina Building Code and all related
construction codes.
5.6.3 Garden Center
(A) General Standards for Evaluation
(1) Outdoor display and storage of goods will be permitted.
(2) Outdoor storage of bulk goods shall be located to the rear or side of the primary
building and screened on three sides by an eight foot high opaque wall or fence.
(3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of
the zoning lot.
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(4) Land use buffers shall be provided in accordance with the requirements of
Section 6.8.23
5.6.4 Junkyards
(A) Standards for Class A 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) Detailed plans and specifications for the site screening proposed.
(b) Description of type and number of motorized machines to be employed
upon site.
(c) Indicate on the site plan the extent of area to be used for the storage of
junked or wrecked motor vehicles
(2) Standards for Evaluation -
(a) The site shall be screened from adjacent property by a minimum of an
eight foot high solid fence or equal, uninterrupted except for required
vehicle access points.
(b) No materials shall be stored closer than 50 feet to the public right of way
or 30 feet to the property lines.
(c) Site is of adequate size to protect adjacent properties from adverse
effects of the junkyard.
5.6.5 Kennels (Class II)
(A) 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) Plans for all kennels, exercise yards, dog runs, pens and related
improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation –
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel.
(b) No part of any building, structure, dog run, pen, or exercise yard in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
kennel. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
23 Staff is recommending this be removed as it is redundant with requirements of the UDO – all uses must meet the
buffer requirements. Calling this out as a separate item for this particular use can cause confusion as to
applicability to other uses; this is a remnant of duplicity staff attempted to catch when incorporating the previous
zoning ordinance into the UDO but this instance was missed at the time.
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(c) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height.
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
the Orange County Animal Services Department prior to issuance of any
building permits.
(g) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
(h) A Class II Kennel Permit shall be obtained from Orange County Animal
Services within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
5.6.6 Riding Stables 24
(A) 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) Plans for all barns, boarding facilities, exercise yards, riding arenas, and
related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation –
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the riding stable.
(b) No part of any building, structure, exercise yard, or riding arena, in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
facility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
(c) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and boarding facilities.
(d) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
24 Moved to Section 5.13.16.
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Section 5.6: Standards for Commercial Uses
5.6.7 Rural Guest Establishment: Bed & Breakfast
(A) General Standards
(1) Submittal Requirements
(a) A site plan, prepared in accordance with the requirements of Section 2.5,
containing the following: (Per Section.2.5.2 professional design and
certification is not required for Rural Guest Establishments with three
guestrooms or less—bed & breakfasts.)
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site.
(iv) Location of well and septic system.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified; showing
an “existing tree line” is often sufficient for large lots, where the bulk of
the property remains wooded.)
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) The proposed development schedule for the site.
(h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
(i) Any bed & breakfast establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the Planning Director. Such documentation
shall not be limited to the easement deed, but may also include copies of
road maintenance agreements as determined by the Planning Director.
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(l) The site shall meet the landscaping and buffer requirements established
in Section 6.8 of this Ordinance. However, property recognized by the
state or the county as a historic site, or as containing a significant historic
structure, shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional
view of the house from the roadside.
(m) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to
NCDOT driveway permits.
5.6.8 Rural Guest Establishment: Bed & Breakfast Inn
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
(a) A site plan, prepared by an appropriately licensed professional in
accordance with the requirements of Section 2.5, containing the
following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Location of well and septic system.
(iv) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified; showing
an “existing tree line” is often sufficient for large lots, where the bulk of
the property remains wooded.)
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) The proposed development schedule for the site.
(h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
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Section 5.6: Standards for Commercial Uses
(l) The site shall meet the landscaping and buffer requirements established
in Section 6.8 of this Ordinance. However, property recognized by the
state or the county as a historic site, or as containing a significant historic
structure, shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional
view of the house from the roadside.
(m) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to
NCDOT driveway permits.
(n) The minimum lot size for a Bed & Breakfast Inn using a private well and
septic system shall be no less than five acres. A Bed & Breakfast Inn
may be permitted on lots of less than five acres if the tract is currently
served by public water and sewer, subject to the review and approval of
the appropriate agencies and the Staff Engineer.
(3) Expiration and Re-Approval of SUP
(a) The Class B Special Use Permit, if approved, shall be valid for six years,
but may be renewed or re-approved by the Board of Adjustment after
receiving a report from the Planning Department that the use is, and has
been continuously since it was issued, in compliance with provisions of
the Special Use Permit.
(b) The Orange County Planning Department shall present its report on the
compliance of the special use no later than 90 days before the expiration
of the Special Use Permit.
(c) The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval.
(d) If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit.
(e) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
5.6.9 Rural Guest Establishment: Country Inn
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
(a) A site plan, prepared by an appropriately licensed professional in
accordance with the requirements of Section 2.5, containing the
following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Location of well and septic system.
(iv) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
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Section 5.6: Standards for Commercial Uses
(d) If the Board of County Commissioners does not renew the permit, the
permit shall become null and void upon the expiration of the time limit.
(e) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
5.6.10 Microbrewery with Minor Events
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
than 240 gallons of groundwater per day per acre of lot area on an
annual basis than an average single family residence (which uses 240
gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six
acre parcel (which could yield 3 residences), the proposed use(s) may
use three times the water used by an average single family residence (or
720 gallons per day, on an annualized basis) before a comprehensive
groundwater study is required. The water usage rates of any existing
use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is
required. Said study shall detail:25
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use will are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
25 This standard and requirement is consistent with a similar requirement for uses in the REDA-CZ zoning district.
240 gallons per day was used as the “cut off” because it is the average amount used by a single family residence.
The amount of water used by an average single family residence, constructed at the density the existing zoning
district allows, is used as the baseline standard because residences are the predominant land uses in the county
and the most likely “by right” uses to be constructed. Text shown in blue was presented as a change to the
proposed text at the February 24, 2014 quarterly public hearing. Text shown in green is clarifying text added after
the quarterly public hearing in response to questions at the public hearing. PLEASE NOTE THAT THIS FOOTNOTE
PERTAINS TO ALL PROPOSED USES THAT INCLUDE THIS PROPOSED REQUIREMENT.
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Section 5.6: Standards for Commercial Uses
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
5.6.11 Microbrewery with Major Events
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) (1) In addition to the requirements in Section 2.9, the following information
shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
than 240 gallons of groundwater per day per acre of lot area on an
annual basis than an average single family residence (which uses 240
gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six
acre parcel (which could yield 3 residences), the proposed use(s) may
use three times the water used by an average single family residence (or
720 gallons per day, on an annualized basis) before a comprehensive
groundwater study is required. The water usage rates of any existing
use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is
required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use will are expected to be affected by withdrawals made by the
proposed use.
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Section 5.6: Standards for Commercial Uses
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.6.12 Taxidermy
(A) Standards for Class B Special Use Permit
(1) Enterprises located in an AR zoning district must be located on a bona fide farm.
(2) If located adjacent to residentially zoned property, all buildings, structures,
facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100
feet from the property line.
5.6.13 Winery with Minor Events
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
than 240 gallons of groundwater per day per acre of lot area on an
annual basis than an average single family residence (which uses 240
gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six
acre parcel (which could yield 3 residences), the proposed use(s) may
use three times the water used by an average single family residence (or
720 gallons per day, on an annualized basis) before a comprehensive
groundwater study is required. The water usage rates of any existing
use subject to zoning regulations located on the same lot shall be taken
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Section 5.6: Standards for Commercial Uses
into account when determining if a comprehensive groundwater study is
required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use will are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
5.6.14 Winery with Major Events
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.9, the following information shall be
submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
than 240 gallons of groundwater per day per acre of lot area on an
annual basis than an average single family residence (which uses 240
gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six
acre parcel (which could yield 3 residences), the proposed use(s) may
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Section 5.6: Standards for Commercial Uses
use three times the water used by an average single family residence (or
720 gallons per day, on an annualized basis) before a comprehensive
groundwater study is required. The water usage rates of any existing
use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is
required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use will are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.6.15 Country Store
(A) General Standards for Evaluation
(1) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(2) Outdoor storage areas shall not be permitted to encroach upon required parking
spaces.
(3) All structures and outdoor storage areas shall be located a minimum of 100 feet
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
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Section 5.7: Standards for Recreational Uses
(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to the following for-profit
recreational facilities:
(a) Tennis clubs,
(b) Swim clubs,
(c) Racquet ball,
(d) Squash clubs,
(e) Pitch and putt courses,
(f) Amusement areas,
(g) Bowling alleys,
(h) Skating rinks,
(i) Shooting ranges,
(j) Billiard and pool halls,
(k) Indoor athletic facilities and
(l) Other similar uses.
(2) The minimum lot area shall be two acres.
(3) No building shall be closer than the minimum requirements of the district or 20
feet to the public right of way or private property line, whichever is greater.
(B) Standards for Class B Special Use Permit
(1) Submittal Requirements
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Section 5.8: Standards for Childcare & Educational Facilities
County Fire Marshal shall approve a pollution incident prevention plan for the storage
facility prior to final occupancy permits.
(O) If additional or accessory land uses are desired, the facility owner shall cause a new site
plan to be created outlining the location and nature of the proposed new land use,
demonstrating compliance with this Ordinance.
(P) The County shall approve a construction schedule to complete the items listed above.
5.7.6 Guest Ranch
(A) Standards for ASE-CZ Zoning District
(1) Minimum lot size: 25 acres.
(2) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
(3) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(4) All structures, facilities, storage areas, and parking areas shall be located a
minimum of 100 feet from all property lines.
(5) Special events are not allowed unless approved in the permit and may be limited
in duration, frequency, number of people in attendance, or other aspects.
(6) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(7) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
SECTION 5.8: STANDARDS FOR CHILDCARE & EDUCATIONAL FACILITIES
5.8.1 Daycare Center in a Residence
(A) Submittal Requirements
(1) In addition to the information required by Section 2.4.3, the plot plan shall show
the following:
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(h) All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located.
(i) The applicant must demonstrate its compliance with the definition of
"Non-Profit Educational Cooperative" as contained in Article 10 of this
Ordinance.
5.8.4 Schools: Elementary, Middle and Secondary
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Sections 2.7.3 and 5.3.2, the following
information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of
this Ordinance and with the following additional information shown on the
plan:
(i) Total student capacity of school as designed;
(ii) Total number of employees at time of greatest shift;
(iii) Number and dimensions of designated parking spaces for school
buses;
(iv) Number of designated parking spaces for employees;
(v) Number of visitor parking spaces;
(vi) Number of student parking spaces;
(vii) Location of student drop off points with stacking spaces
identified;
(viii) Location of all proposed and future athletic fields and structures,
including:
a. Total number of seats for spectators, and
b. Location of concession stands, if any anticipated;
(ix) Proposed public roadway improvements; and
(x) Existing and proposed infrastructure improvements (water and
sewer).
(b) 26 copies of a Landscape and Tree Preservation Plan prepared in
accordance with Section 6.8 of this Ordinance.
(c) 26 copies of photometric plans prepared in accordance with Section 6.11
of this Ordinance.
(d) Estimated water usage for structures, landscaping and athletic fields.
(e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance.
(f) A Biological Inventory, prepared in accordance with Section
5.1517.6(A)(2)(b)of this Ordinance.
(g) A Resources Management Plan, prepared in accordance with the
Resources Management Plan definition in Article 10 of this Ordinance.
(2) Standards of Evaluation Within Economic Development Districts (EDD)
If located within an EDD, the application must meet the EDD design standards
established in Article 6 of this Ordinance.
(3) Standards of Evaluation in Zoning Districts other than an Economic
Section reference
update
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Section 5.13: Standards for Agricultural Uses
(k) The Operations Plan and the Rehabilitation Plan shall be coordinated so
that the amount of disturbed land is kept to the absolute minimum
consonant with good practices and so that rehabilitation proceeds in
concert with extraction.
(l) No land disturbance shall take place within 250 feet of the zoning lot line
or the property line where the zoning line and the property line are one
and the same. Within the 250 foot setback area, existing vegetation
shall be retained for the purpose of providing a visual screen and noise
buffer. No disturbance or removal of vegetation shall be permitted
except for access roads leading from the excavation area to public
roads. Where vegetation within the 250 foot setback does not exist, the
applicant shall be required to provide a dense, evergreen buffer
consistent with the purpose cited above. The buffer shall be in place
prior to the initiation of any excavation activities.
(m) The applicant shall submit operational reports, prepared on an annual
basis, detailing the amounts of materials extracted, extent of extractive
area, depth of extractive area, and results of groundwater test borings.
(n) Annual inspections of the operation shall be conducted by the Planning
Director following submittal of the annual operations reports to determine
compliance with the provisions of the Special Use Permit.
(o) In cases of abandonment or termination of operations for a period of 12
consecutive months, application for a new Special Use Permit is
required.
(p) The Board of County Commissioners shall require for all extractive uses
a performance guarantee to insure that the provisions of the
Rehabilitation Plan are met. Such performance guarantee shall be in a
form approved by the County Attorney. The amount of such guarantee
shall cover the cost of rehabilitation on a per acre basis, if the cost does
not exceed the amount posted with the State. If the rehabilitation cost
exceeds the amounts required by the State then the difference shall be
made up in a bond to Orange County.
SECTION 5.13: STANDARDS FOR AGRICULTURAL USES
5.13.1 Commercial Feeder Operation 26
(A) General Standards
Property to be utilized for poultry raising, cattle feeding, hog feeding, or other similar uses
that are not a part of a bona fide farm may be established in accordance with the Table of
Permitted Uses subject to the following conditions:
(1) All structures, buildings or enclosed areas, used for housing of poultry, hogs,
cattle or other livestock, shall be a minimum of 100 feet from all property lines.
(2) No structures, buildings or enclosed areas, housing poultry, hogs, cattle or other
livestock shall be less than 120 feet from any residence.
(3) Care shall be exercised that odor is kept to a minimum level through frequent
cleaning of the area.
26 This is a bona fide agricultural use and cannot be regulated by zoning so staff is suggesting it be removed from
the UDO.
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(4) Prior to making this exception, the applicant shall receive from the Orange
County Health Department a letter stating that the applicant has reviewed the
Health Department's requirements for operation of a feeder type facility and
understands the health requirements that must be met. Any violation of a Health
Department regulation shall be considered a violation of this Ordinance.
5.13.2 Agricultural Processing Facility
(A) General Standards for Evaluation
(1) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
(2) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(3) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
5.13.3 Agricultural Processing Facility, Community
(A) General Standards for Evaluation
(1) If located in an AR zoning district, facility shall be located on the bona fide farm of
one of the cooperative farm partners or must be permitted as an ASE-CZ.
(2) The building shall not exceed 10,000 square feet in size.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
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(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
(4) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(5) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
5.13.4 Cold Storage Facility
(A) General Standards for Evaluation
(1) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(2) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
5.13.5 Community Farmers’ Market
(A) General Standards for Evaluation
(1) The minimum lot size shall be 3 acres unless permitted as an ASE-CZ.
(2) If located adjacent to residentially zoned property, all buildings and vendor areas
shall be located a minimum of 100 feet from the property line.
5.13.6 Composting Operation
(A) General Standards for Evaluation
(1) The minimum lot size shall be 10 acres unless permitted as an ASE-CZ.
(2) All operations shall be located a minimum of 150 feet from all property lines.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Outdoor storage areas shall be screened from view of adjacent properties and
the road right-of-way.
(5) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(6) Compost piles shall not exceed 15 feet in height.
(7) Operations that include grinding shall adhere to the following:
(a) Grinding shall be permitted only during the hours of 7 a.m. and 7 p.m., or
as otherwise specified on the permit.
(b) Grinding area shall be located a minimum of 1,000 feet from any existing
dwelling unit located on adjacent properties.
(c) Grinding area shall be located a minimum of 300 feet from all property
lines.
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(8) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
5.13.7 Cooperative Farm Stand
(A) General Standards for Evaluation
(1) If located in an AR zoning district, stand shall be located on the bona fide farm of
one of the cooperative farm partners.27
(2) 28In addition to the application materials required in Sections 2.5.2 and 2.4.3, the
following shall also be required:
(a) The number of and location of participating cooperative farm partners.
(b) A description of the facility, including size of structure(s) and access
locations.
(c) Number of employees, if any.
(d) Frequency and hours of operation.
(3) Sales of any products not produced on the farm(s) of one of the cooperative farm
partners shall be incidental, related to, and a subordinate component of farm
stand sales in scale and profit.
5.13.8 Equestrian Center
(A) Standards for Class A Special Use Permit or ASE-CZ Zoning District
(1) Minimum lot size: 15 acres.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) All structures, facilities, storage areas, and parking areas shall be setback a
minimum of 100 feet from all property lines.
27 The County Attorney’s office has advised that this standard is legally insufficient and must be removed. Removal
of this standard means that within the AR zoning district, a cooperative farm stand can be located, subject to
standards, on parcels that are not considered bona fide farms.
28 Renumbering will automatically occur after (1) is removed.
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(4) Parking area(s) shall include sufficient space for parking and maneuvering trucks
and horse trailers.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(7) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
5.13.9 Farm Equipment Rental, Sales and Service
(A) General Standards for Evaluation
(1) Outdoor display and storage of equipment shall be permitted in the side and rear
yards of the primary structure and shall be screened from view of adjacent
properties.
(2) Service bays shall be located at the side or rear of a structure and shall not be
visible from adjacent residential property or the road right-of-way.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Parking shall not be located in the front yard space.
(5) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
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Section 5.13: Standards for Agricultural Uses
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
5.13.10 Farm Supply Store
(A) General Standards for Evaluation
(1) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(2) Outdoor storage areas shall not be permitted to encroach upon required parking
spaces.
(3) All structures and outdoor storage areas shall be located a minimum of 100 feet
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
5.13.11 Feed Mill
(A) General Standards for Evaluation
(1) The minimum lot size shall be 3 acres, unless permitted as an ASE-CZ.
(2) All structures, equipment, and outdoor storage areas shall be located a minimum
of 100 feet from all property lines.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Outdoor storage shall be permitted in the rear yard of the primary structure and
shall be screened from view of adjacent properties.
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(5) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
5.13.12 Greenhouses with On Premise Sales
(A) General Standards for Evaluation
(1) If located in an AR zoning district, the minimum lot size shall be 3 acres, unless
permitted as an ASE-CZ.
(2) If located in an AR zoning district, outdoor storage shall be located in the side or
rear yards and shall be setback a minimum of 100 feet from the property line.
5.13.13 Meat Processing Facility, Community
(A) General Standards for Evaluation
(1) If located in an AR zoning district, facility shall be located on the bona fide farm of
one of the cooperative farm partners.29
(2) 30The building shall not exceed 10,000 square feet in size.
(3) If located adjacent to residentially zoned property, all buildings, outdoor storage
areas, and animal pens shall be located a minimum of 100 feet from the property
line.
(4) Outdoor storage of products shall be permitted in to the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(5) In addition to the application materials required in Section 2.5 or 2.9, as
applicable, the following shall also be required:
(a) The number of location of participating cooperative farm partners.
(b) Number of employees, if any.
(c) Frequency and hours of operation.
(d) A comprehensive groundwater study, for facilities expected to use more
than 240 gallons of groundwater per day per acre of lot area on an
29 The County Attorney’s office has advised that this standard is legally insufficient and must be removed. Removal
of this standard means that within the AR zoning district, a community meat processing facility can be located,
subject to standards, on parcels that are not considered bona fide farms.
30 Renumbering will occur automatically after (1) is removed.
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annual basis than an average single family residence (which uses 240
gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six
acre parcel (which could yield 3 residences), the proposed use(s) may
use three times the water used by an average single family residence (or
720 gallons per day, on an annualized basis) before a comprehensive
groundwater study is required. The water usage rates of any existing
use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is
required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use will are expected to be affected by withdrawals made by the
proposed use.
5.13.14 Meat Processing Facility, Regional
(A) Standards for Class A Special Use Permit or ASE-CZ Zoning District
(1) The minimum lot size shall be 15 acres.
(2) If located adjacent to residentially zoned property, all buildings, outdoor storage
areas, and animal pens shall be located a minimum of 300 feet from the property
line.
(3) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(4) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(5) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(6) In addition to the information required by Sections 2.7 or 2.9, as applicable,
application materials shall also include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
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(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
5.13.15 Non-Farm Use of Farm Equipment
(A) General Standards for Evaluation
(1) Use shall be located on a bona fide farm.31
(2) 32Equipment shall be screened from view from adjacent properties and road(s).
(3) Outdoor storage of materials such as gravel, dirt, or plants shall be limited in both
area and duration.
(4) On-site retail sales shall not be permitted.
5.13.16 Riding Stables, Commercial 33
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) Submittal Requirements –
In addition to the information required by Sections 2.7 or 2.9, as applicable, the
following information shall be supplied as part of the application for approval of
this use:
(a) Plans for all barns, boarding facilities, exercise yards, riding arenas, and
related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(c) A comprehensive groundwater study, for facilities expected to use more
than 240 gallons of groundwater per day per acre of lot area on an
annual basis than an average single family residence (which uses 240
gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six
acre parcel (which could yield 3 residences), the proposed use(s) may
use three times the water used by an average single family residence (or
720 gallons per day, on an annualized basis) before a comprehensive
groundwater study is required. The water usage rates of any existing
use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is
required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use will are expected to be affected by withdrawals made by the
proposed use.
31 The County Attorney’s office has advised that this standard is legally insufficient and must be removed. Removal
of this standard means that farm equipment could be stored, subject to standards, on parcels that are not
considered bona fide farms.
32 Renumbering will occur automatically after (1) is removed.
33 Language shown in black text (existing) is proposed to be moved from existing Section 5.6.6.
Orange County, North Carolina – Unified Development Ordinance Page 5-128
98
Article 5: Uses
Section 5.13: Standards for Agricultural Uses
(2) Standards of Evaluation –
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the riding stable. Minimum lot size: 5 acres for up to 10 horses,
increasing by ½ acre for each horse over 10.
(b) No part of any building, structure, exercise yard, or riding arena, in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
facility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
(c) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and boarding facilities.
(d) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
5.13.17 Stockyards / Livestock Markets
(A) General Standards for Evaluation
(1) The minimum lot size shall be 10 acres.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) All structures, facilities, storage areas, and parking areas shall be setback a
minimum of 100 feet from all property lines.
(4) Parking area(s) shall include sufficient space for parking and maneuvering trucks
and stock trailers.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(7) If located adjacent to residentially zoned property, all animal pens shall be
located a minimum of 300 feet from the property line.
(8) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
Orange County, North Carolina – Unified Development Ordinance Page 5-129
99
Article 5: Uses
Section 5.14: Standards for Manufacturing, Assembly & Processing8F
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
SECTION 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY &
PROCESSING34
5.14.1 Metal Fabrication Shop
(A) Standards for ASE-CZ Zoning District
(1) Facility must be located on a bona fide farm.
(2) Minimum lot size: 3 acres.
(3) Maximum building size: 3,000 square feet.
(4) If located adjacent to residentially zoned property, all buildings and operations
must be located a minimum of 200 feet from the property line.
5.14.2 Microbrewery, production only
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located in an AR zoning district, the microbrewery must be located on a bona
fide farm.
(a) A microbrewery, production only, that is located on a bona fide farm , and
which utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A microbrewery, production only, that does not utilize primarily crops
produced on-site, regardless of whether it is located on a bona fide farm,
is not considered a bona fide farming use and is subject to the
regulations contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
34 New section will require subsequent sections in Article 5 to be renumbered.
Orange County, North Carolina – Unified Development Ordinance Page 5-130
100
Article 5: Uses
Section 5.14: Standards for Manufacturing, Assembly & Processing8F
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use will
are expected to be affected by withdrawals made by the proposed use.
5.14.3 Sawmills
(A) General Standards for Evaluation and ASE-CZ Zoning District
(1) Minimum lot size: 5 acres.
(2) All structures, equipment, and storage shall be located a minimum of 100 feet
from the property line.
(3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m.
(4) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
5.14.4 Winery, production only
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located in an AR zoning district, the winery must be located on a bona fide
farm.
(a) A winery, production only, that is located on a bona fide farm, and which
utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A winery, production only, that does not utilize primarily crops produced
on-site, regardless of whether it is located on a bona fide farm, is not
considered a bona fide farming use and is subject to the regulations
contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more than 240 gallons of groundwater per day per acre
of lot area on an annual basis than an average single family residence (which
uses 240 gallons of water per day) built at the highest density the existing zoning
district would allow. For example, if the existing zoning district allows a
residential density of 1 unit for 2 acres and the proposed use is on a six acre
parcel (which could yield 3 residences), the proposed use(s) may use three times
the water used by an average single family residence (or 720 gallons per day, on
an annualized basis) before a comprehensive groundwater study is required.
The water usage rates of any existing use subject to zoning regulations located
on the same lot shall be taken into account when determining if a comprehensive
groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use will are expected to be affected by withdrawals made by the
proposed use.
Orange County, North Carolina – Unified Development Ordinance Page 5-131
101
Article 5: Uses
Section 5.15: Standards for Automotive/Transportation Related Uses
SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED
USES
5.15.1 Motor Vehicle Sales / Rental (New & Used) in the NC-2 Zoning District
(A) Standards for the NC-2 Zoning District
(1) This use shall only be permitted within the Commercial Transition Activity or
Commercial-Industrial Transition Activity Node land use classifications, as
designated on the Land Use Element Map of the adopted Comprehensive Plan.
(2) The site shall have direct access onto a State maintained roadway.
(3) A maximum of 12 cars may be stored or displayed on-site.
SECTION 5.16: STANDARDS FOR MEDICAL USES
5.16.1 Veterinary Clinic
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR zoning district, this use is intended primarily for large animal facilities
but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
5.16.2 Veterinary Clinic, mobile
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR and R-1 zoning districts, this use is intended to be located on the same
property as the operator’s residence. The mobile clinic shall be parked to the
side or rear of the residence, not in front of the residence, unless permitted
otherwise in the permit.
(2) For all zoning districts in which this use is permitted, observation shelters for up
to three large or small animals shall be considered an accessory use. The permit
may specify a greater number of observation shelters and may limit the
maximum number of days an individual animal may be observed.
(3) If adjacent to residentially zoned property, all mobile clinic operations shall be
located a minimum of 100 feet from the property line.
(4) Veterinary services whereby the public brings their animal to the mobile clinic
location shall not be permitted, unless specifically permitted in the permit.
5.16.3 Veterinary Hospital
(A) Standards for ASE-CZ Zoning District
(1) In the ASE-CZ zoning district, this use is intended primarily for large animal
facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
SECTION 5.17: STANDARDS FOR MISCELLANEOUS USES
5.17.1 Churches
(A) General Standards
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102
Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
(b) The site shall have direct access to a collector or arterial street
(c) There shall be adequate space within the site for the parking and
maneuvering of funeral cartilages
(d) No interments shall take place within 30 feet of any lot line.
5.17.4 Historic Sites Non Residential Reuse/Mixed Use
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Section 2.7, the following shall be
supplied as part of the application:
(a) The site plan, prepared by an appropriately licensed professional, shall
also contain the following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed. Description of how the historical style and character of the
building and/or property is to be enhanced.
(d) Landscape and tree preservation plan, at the same scale as the site
plan, showing existing or proposed trees, shrubs, ground cover and other
landscape materials.
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) Evidence that the property is listed on the National Historic Register or
recognized by the State of North Carolina as places of historic interest.
(h) The proposed development schedule for the site.
(2) Standards of Evaluation
(a) The site plan submitted meets all requirements specified in sections 2.7
and 5.5.1417.4(A)(1).
Section reference
update
Orange County, North Carolina – Unified Development Ordinance Page 5-134
103
Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
a. Subdivisions with more than 40 lots outside of transition
areas, and
b. Subdivisions with more than 80 lots within transition
areas.
(ii) The study shall include an analysis of the need for public road
improvements, including pedestrian-oriented enhancements, for
on-site and off-site improvements as said improvements relate to
the level of service impacted by the development.
(iii) The traffic impact study shall be prepared in accordance with the
requirements of Section 6.17.
(3) Standards of Evaluation
(a) The project meets all applicable design standards and other
requirements of this Ordinance.
(b) The project meets all service provision criteria as set forth below:
(i) Fire – identifies the primary and secondary responders and the
source(s) of water.
(ii) Police – identifies the primary and secondary responders.
(iii) Rescue services – identifies the primary and secondary
responders.
(iv) Water Supply – source and capacity of water supply.
(v) Wastewater Treatment Methods – provider and capacity of
wastewater treatment source.
(c) Habitats shall be identified and evaluated in the biological inventory
required by Section 5.1517.6(A)(2)(b)and are subject to the following:
(i) An undisturbed buffer is required around the boundary of
habitats of rare, threatened, or endangered species as shown on
the biological inventory. Buffer width shall be determined by site
evaluation in consultation with the applicant’s biologist and
County staff;
(ii) Habitat enhancements as described in the biological inventory
shall be made for a broad range of species to help mitigate the
loss of wildlife habitat during construction. Examples include:
a. Preserving, planting, and maintaining a variety of native
vegetation (also dead trees and snags);
b. Installing structures conducive for nesting such as bird
houses or bat boxes designed and located for various
species; or
c. Creating wetlands;
(iii) Conservation easements or other acceptable means such as
dedication to a public agency, or conservancy or a homeowner’s
association are required to protect wetlands and other habitats
while insuring proper long-term maintenance; and
(iv) Provide barriers or fencing, and signage at the edge of habitat
buffers to prohibit vehicular and pedestrian access. Limited
access may be allowed if proposed in a sensitive manner for
environmental education purposes.
(d) Landscaping and Buffers
Section reference
update
Orange County, North Carolina – Unified Development Ordinance Page 5-139
104
Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
(i) Irrigation systems for the subdivision and the lots in the
subdivision are designed and can be operated according to a
water conservation plan described in the Resources
Management Plan submitted with the application;
(ii) The Resources Management Plan shall identify the source(s) of
water to be used for irrigation, the volume available for that
purpose, and expected consumption rates. The system design
and plan for operation will be evaluated based on efficiency; and
(iii) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
(i) Habitat Maintenance
(i) Habitats identified in the biological inventory and habitats created
through mitigation shall be maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement; and
(ii) Maintenance of habitats shall be minimal, consisting primarily of
maintaining buffers and enhancements, removal of exotic (non-
native) plant species, and keeping drainage ways functioning
properly.
(j) Access
Access to the subdivision and access to lots within the subdivision to
existing public roads shall conform to and be in compliance with any
public road access management plan adopted by Orange County.
(k) Maintenance of Improvements
(i) All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance.
(ii) Maintenance specifications, if any, for on-going site management
(including provisions for handling of storm debris in open space
areas) shall be submitted as part of the Resources Management
Plan and incorporated into Homeowners’ Association
documents.
5.17.7 Rural Heritage Museum
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located adjacent to residentially zoned property, all buildings, facilities, and
parking areas shall be located a minimum of 100 feet from the property line.
(2) The maximum building size in an AR zoning district shall be 5,000 square feet.
5.17.8 Rural Special Events
(A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts
(1) Must be located on a bona fide farm.
(2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
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Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
(b) Location of parking area(s).
(c) A map depicting surrounding uses and the distance to residential
structures.
(3) The temporary or seasonal commercial activities that comprise the special event
must pertain to agricultural or rural-related activities.
(4) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(5) Events permitted by right in the AR and AS zoning districts shall be limited to no
more than 150 people at one time and shall occur no more than 12 days per
year. Events exceeding these limits must be approved as an ASE-CZ or MPD-
CZ.
(6) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(8) Food services are not allowed unless approved in the permit.
(9) Documentation shall be submitted from the Fire Marshal and Building Inspections
Department stating that all areas open to the public meet state regulations.
Orange County, North Carolina – Unified Development Ordinance Page 5-142
106
Article 6: Development Standards
Section 6.2: Lot & Building Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-2
(1) Minimum lot area, lot width, and setback requirements as specified in Article 3 of
this Ordinance may be reduced for lots created as part of a Flexible Development
subdivision as provided in Section 7.13 of this Ordinance.
(C) Flag Lots
(1) Flag lots as defined in Article 10 are accommodated for as provided in Section
7.7 of this Ordinance.
6.2.3 Clustering
(A) UNIV-CA & UNIV – PW Watershed Protection Overlay Districts
(1) Clustering of residential lots is permitted in accordance with Section 7.12 of this
Ordinance.
(2) Each lot shall contain a minimum of one acre.
(B) All Other Overlay Districts
Clustering of residential lots is permitted in accordance with Section 7.13 of this
Ordinance.
6.2.4 Irregular Lots
Any irregular lot of record at the time these regulations became effective may be subdivided in
compliance with applicable subdivision regulations and improvement requirements, to create
additional regular lots, provided that such lots meet all requirements of the district and that no
residual substandard lots remain as a result of such action.
6.2.5 Principal Uses
There shall be no more than one principal use on any zoning lot except where:
(A) Permitted as a CU District or CZ District; or
(B) The parcel is located within an Economic Development District, Commercial Transition
Activity Node, Commercial-Industrial Transition Activity Node, Rural Neighborhood
Activity Node, or Rural Community Activity Node, as designated by the Comprehensive
Plan; or
(C) The parcel is less than 2 acres in size, and non-residential multiple uses are proposed
within a single principal structure; or
(D) One of the uses is an unstaffed telecommunications tower subject to a year-to-year or
other short term lease; or
(E) The use(s) is/are marked with ^ in the Table of Permitted Uses (Section 5.2.1) and is/are
located on a bona fide farm.
6.2.6 Principal Structures
(A) Residential
(1) There shall be no more than one principal structure permitted on any residential
zoning lot, with the exception of the following:
(a) Multi-family developments which have received approval as a CU District
or CZ District, or
(b) Temporary use of mobile homes for custodial care approved in
accordance with the provisions of Section 5.4.4(B), or
(c) During the installation or construction of a permanent unit on the same
lot, as provided in Section 5.4.4 of this Ordinance, or
107
Article 6: Development Standards
Section 6.2: Lot & Building Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-3
(d) Duplexes, on lots that have twice the required lot area of the zoning
district.
(B) Non-Residential
(1) There shall be no more than one principal structure permitted by right on any
non-residential zoning lot greater than two acres in size, unless:
(a) pPermitted as a CU District or CZ District, or
(b) tThe zoning lot is located within an Economic Development District,
Commercial Transition Activity Node, Commercial-Industrial Transition
Activity Node, Rural Neighborhood Activity Node, or Rural Community
Activity Node, as designated by the Comprehensive Plan.; or
(c) The structure(s) is/are located on a bona fide farm and is/are utilized for
a use(s) that is/are marked with ^ in the Table of Permitted Uses (Section
5.2.1).
6.2.7 Corner Lot Setback on the Side Street
Any corner lot of record in a residential zoning district abutting a side street shall meet the
minimum required setbacks of the zoning district in which it is located; provided, however, that
this requirement does not reduce the width of area suitable for building to less than 25 feet.
Figure 6.2.7: Corner Lot Setbacks on Side Street
6.2.8 Additional Setbacks Required in for Non-Residential Lots Abutting Residential Zoning
Districts
In all non-residential zoning districts, except I-1, I-2, I-3, and EI, required side and rear setbacks
adjacent to residentially zoned land, shall be equal to the required side or rear setback of the
adjacent residential district.
6.2.9 Permitted Projections Into Required Open Space
(A) Certain architectural features, such as cornices, eaves and gutters, may project into the
required open space as follows:
108
Article 6: Development Standards
Section 6.4: Performance Standards
The following general provisions are applicable to MPD-CZ applications and each
permitted use, special use, accessory use, and conditional use in Economic
Development Districts:
(1) All uses and activities must provide secure, safe, and sanitary facilities for the
storage and pickup of solid waste and recyclables. Such facilities must be
convenient to collection and must be appropriate to the type and size of use or
activity being served.
(2) All solid waste and recyclables storage facilities must be screened in accordance
with Sections 6.4 and 6.8. of this Ordinance.
(3) All uses and activities must remove recyclable materials from the solid waste
generated and make them available for recycling. Recyclable materials,
consisting of glass, metal cans, plastic containers, corrugated cardboard and
white office paper, newspapers, and motor oil, must not be mixed with or
disposed of with other solid waste.
(4) All uses and activities shall remove or cause to be removed all solid wastes from
the site or property before harborage of such waste creates a health hazard.
(5) Each Master Plan and site plan must be accompanied by Solid Waste
Management Plan, including a recycling plan and a plan for the management of
construction and land clearing debris. The recycling plan must provide
information regarding the type and quantity of recyclable materials generated
each month, and the facilities to be provided for collection and storage.
Management plans for construction and land clearing debris must identify the
type and quantity of debris as well as its disposal location.
6.4.10 Service & Outdoor Storage
(A) General Standards
(1) Building service and loading areas must be conveniently located and accessible
for normal service and maintenance needs, including the provision of adequate
turning radii and parking areas for service vehicles. Such areas are to be located
at the side or rear of the principal building(s), and designed so that all service
and loading operations occur within the confines of the building site.
(2) Outdoor storage shall be located only to the side and rear of a building. No
outdoor storage is permitted to the front of a building.
(3) If located adjacent to residentially zoned property, outside storage areas shall be
screened from view of the residentially zoned property and shall be located a
minimum of 100 feet from the property line.29
(B) Additional Standards in Economic Development Districts
(1) Exterior storage for materials, supplies, and equipment may only be located at
the side or rear of a building and only in totally enclosed screened areas. Exterior
storage areas must never be located to the front of any building unless screened
from view through the use of fencing, walls and/or landscaping, in accordance
with Section 6.8 of this Ordinance.
29 While not only related to ASE uses, staff is suggesting the language regarding outdoor storage be included at this
time because it is a direction Orange County has been going for several years in regards to outdoor storage areas.
Staff is specifically noting that including the language in this section will make it apply in all commercial, industrial,
economic development, and conditional districts (See 6.4.1(B)). If not included as part of this amendment
package, additional standards (Article 5) may need to be added for some uses.
Orange County, North Carolina – Unified Development Ordinance Page 6-15
109
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
(2) The Planning Director may conduct inspections to monitor the health and status
of the required landscaping.
6.8.6 Land Use Buffers
(A) Purpose
Land use buffers are intended to screen and buffer lower intensity/density uses from
incompatible higher intensity/density land uses. Buffers reduce adverse visual effects, as
well as noise, dust, and odor.
(B) Applicability
Land use buffers will be required based on the zoning district of the proposed use and
the zoning district of the adjacent uses.
(C) Location
(1) Required land use buffers shall be located along the interior or street lot lines
nearest the adjacent streets, land uses and/or zoning designations. Buffers shall
not be located on any portion of an existing or proposed street right of way,
drainage or utility easement.
(2) No building or structure of any type shall be erected, constructed or installed in a
required land use buffer.
(D) Land Use Buffer Table
TABLE 6.8.6.D: LAND USE BUFFERS
ZONING OR USE OF ADJACENT PROPERTIES
RB
,
AR
,
RI
R-
2,
R-
3
R-
4,
R-
5
R-
8,
R-
13
MH
P
-CZ
O/
I,
NC
-2,
LC
-1
CC
-3,
G
C
-4,
EC
-
5
EI
,
I-
1,
I-
2,
I-
3,
PI
D
INT
E
R
S
T
A
T
E
HIG
H
W
A
Y
ART
E
R
I
A
L
STR
E
E
T
COL
L
E
C
T
O
R
STR
E
E
T
ACT
I
V
E
FAR
M
/
AGR
I
C
U
L
T
U
R
E
Zo
n
i
n
g
o
r
U
s
e
o
f
S
u
b
j
e
c
t
P
r
o
p
e
r
t
y
RB, AR, R1 - A A B F E F F F E B B
R-2 & R-3 A - A B F D F F F D B B
R-4 & R-5 A A - B F C E E F C B B
R-8 & R-13 B B B - F B D D F C B B
MHP-CZ F F F F - F F F F F F F
O/I, NC-2,
LC-1 E D C B F - - - F B B D
CC-3, GC-4,
EC-5 F F E D F - - - F B B D
EI, I-1, I-2, I-3,
PID F F E E F - - - F B B D
AS, ASE-CZ 30 D A A A F A A A F B B B
Note: MPD-CZ buffers to be determined at time of approval.
(E) Natural Buffers
30 The AS zoning district does not currently appear on this chart. Staff is suggesting the AS zoning district be added
to the chart to require that property zoned AS is also required to provide a buffer.
Orange County, North Carolina – Unified Development Ordinance Page 6-43
110
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
(1) If there is existing, healthy, natural vegetation in the area of a required buffer, it
must be preserved. If the vegetation is removed for any reason, other than in
accordance with an approved landscape and tree preservation plan, the
dimensions of the buffer shall be increased 50% and the number of required
plantings shall be increased 50%.
(2) The critical root zones of trees within the buffer must be protected if the applicant
seeks credit for preservation of existing trees. For example, if a required buffer
has a dimensional width of 30 feet, and the critical root zone extends beyond the
30 feet, the buffer will be extended to the edge of the critical root zone in the area
around the tree.
(3) If necessary, a natural buffer will be supplemented with additional plantings in
order to meet the Constructed Buffers standards established herein.
(F) Constructed Buffers
(1) If existing plantings are not sufficient to meet the buffer standards established in
this Section, additional plantings shall be installed.
(2) The plant units listed below will be considered comparable, and therefore
interchangeable, as set forth below.
(3) Option 2, Deciduous, shall not be permitted when the proposed use is non-
residential and is proposed next to a residential district or use, unless employed
with a wall, as set forth herein.
TABLE 6.8.6.F: BUFFER TYPES
BUFFER
TYPE
MINIMUM
WIDTH
OPTION 1
MIXED
OPTION 2
DECIDUOUS
OPTION 3
EVERGREEN
OPTION 4
OVERHEAD UTILITY
Plant Material Required Per 100 Linear Feet
A 20
1 Canopy Tree
0 Evergreen Tree
1 Deciduous
Understory
2 Evergreen
Understory
13 Shrubs Tree
2 Canopy Tree
0 Evergreen Tree
2 Deciduous
Understory
0 Evergreen
Understory
12 Shrubs Tree
0 Canopy Tree
2 Evergreen Tree
0 Deciduous
Understory
3 Evergreen
Understory
13 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
3 Deciduous
Understory
2 Evergreen
Understory
10 Shrubs Tree
B 30
1 Canopy Tree
0 Evergreen Tree
1 Deciduous
Understory
2 Evergreen
Understory
13 Shrubs Tree
2 Canopy Tree
0 Evergreen Tree
2 Deciduous
Understory
0 Evergreen
Understory
12 Shrubs Tree
0 Canopy Tree
2 Evergreen Tree
0 Deciduous
Understory
3 Evergreen
Understory
13 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
3 Deciduous
Understory
2 Evergreen
Understory
10 Shrubs Tree
C 40
3 Canopy Tree
1 Evergreen Tree
2 Deciduous
Understory
5 Evergreen
Understory
40 Shrubs Tree
3 Canopy Tree
1 Evergreen Tree
2 Deciduous
Understory
5 Evergreen
Understory
40 Shrubs Tree
0 Canopy Tree
4Evergreen Tree
0 Deciduous
Understory
9 Evergreen
Understory
38 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
7 Deciduous
Understory
5 Evergreen
Understory
30 Shrubs Tree
D 50
6 Canopy Tree
1 Evergreen Tree
4 Deciduous
Understory
9 Evergreen
Understory
70 Shrubs Tree
7 Canopy Tree
0 Evergreen Tree
10 Deciduous
Understory
0 Evergreen
Understory
67 Shrubs Tree
0 Canopy Tree
7 Evergreen Tree
0 Deciduous
Understory
16 Evergreen
Understory
68 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
12 Deciduous
Understory
9 Evergreen
Understory
53 Shrubs Tree
Orange County, North Carolina – Unified Development Ordinance Page 6-44
111
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
TABLE 6.8.6.F: BUFFER TYPES
BUFFER
TYPE
MINIMUM
WIDTH
OPTION 1
MIXED
OPTION 2
DECIDUOUS
OPTION 3
EVERGREEN
OPTION 4
OVERHEAD UTILITY
Plant Material Required Per 100 Linear Feet
E 75
6 Canopy Tree
1 Evergreen Tree
4 Deciduous
Understory
10 Evergreen
Understory
77 Shrubs Tree
8 Canopy Tree
0 Evergreen Tree
11 Deciduous
Understory
0 Evergreen
Understory
73 Shrubs Tree
0 Canopy Tree
8 Evergreen Tree
0 Deciduous
Understory
17 Evergreen
Understory
74 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
13 Deciduous
Understory
10 Evergreen
Understory
58 Shrubs Tree
F 100
7 Canopy Tree
1 Evergreen Tree
5 Deciduous
Understory
12 Evergreen
Understory
85 Shrubs Tree
10 Canopy Tree
0 Evergreen Tree
13 Deciduous
Understory
0 Evergreen
Understory
80 Shrubs Tree
0 Canopy Tree
10 Evergreen Tree
0 Deciduous
Understory
20 Evergreen
Understory
83 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
16 Deciduous
Understory
12 Evergreen
Understory
65 Shrubs Tree
6.8.7 Planting Requirements
(A) Street Trees
(1) Street trees shall be required at the rate of one canopy tree and one understory,
either deciduous or evergreen, tree for every 65 feet of street frontage along
existing and proposed public and private streets, not including alleys.
(2) To enhance the natural appearance in the rural areas of the County, canopy and
understory trees shall be planted, and clustering is encouraged. However, there
must be at least one tree every 100 feet of street frontage.
(3) In all developments subject to the provisions of this section, the developer shall
either retain or plant trees within the front yard setback along all existing and
proposed street frontages, public and private, except for alleys.
(4) If a conflict exists with public utilities, alternate plantings consisting of a greater
number of understory trees will be permitted.
(5) Street trees shall be of a species included on the Planning Director’s list of
acceptable street tree species.
(B) Between Lot Plantings
(1) Where a land use buffer is not required, a landscape area ten feet in width
exclusive of drainage and/or utility easements shall be provided along the interior
side and rear lot lines of each lot being developed. If there are no existing trees,
the developer shall provide a minimum of one tree per one thousand square feet
of land contained within the ten foot landscape area.
Orange County, North Carolina – Unified Development Ordinance Page 6-45
112
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
AGRICULTURAL USES
Agricultural Processing Facility One space per employee plus one space per 200 square feet of any
accessory retail sales area
Agricultural Processing Facility, Community One space per employee plus one space per 200 square feet of any
accessory retail sales area
Agricultural Service Uses One space per 400 square feet of gross floor area
Cold Storage Facility One space per employee
Community Farmers’ Market One space per 200 square feet of gross floor/selling area or a
minimum of five spaces, whichever is greater
Composting Operation One space per employee
Cooperative Farm Stand One space per 200 square feet of gross floor/selling area or a
minimum of five spaces, whichever is greater
Equestrian Center One space per horse stall plus one space per employee plus one
space per 4 spectator seats
Farm Equipment Rental, & Sales and
Service One space per 400 square feet of gross floor area
Farm Supply Store One space per 300 square feet of gross floor area
Feed, Seed, Storage and Processing Mill One space per employee on shift of maximum employment
Commercial Feeder Operation One space per employee on shift of maximum employment
Greenhouses with (On Premises Sales) One space per 400 square feet of gross floor area
Meat Processing Facility One space per employee
Stables, Commercial One space per three horses (or other equine) kept on site
Stockyards / Livestock Markets
One space per employee plus one space per 4 spectator seats OR
one space per employee plus one space per 50 square feet of event
area, whichever is greater
CHILD CARE AND EDUCATIONAL FACILITIES
Child Care Facilities One space per staff member and one space per five children
Daycare Center in a Residence One space per staff member and one space per five children
Schools: Elementary, Middle & Secondary
One space per staff member
One space per staff member and
One space per four students
Schools: Vocational One space per two students
Schools: Dance, Art & Music One space per four students
Universities, Colleges and Institutes One space per three students at design capacity of building(s)
Libraries One space per four seats
COMMERCIAL USES
Adult Uses One space per 200 square feet of gross floor area
Banks & Financial Institutions One space per 200 square feet of gross floor area; plus five stacking
spaces per drive-in window
Beauty & Barber Shops One space per 200 square feet
Country Store One space per 300 square feet of gross floor area
Drive-In Theaters no requirement
Funeral Homes One space per four seats
Garden Center with On Premise Sales One space per 300 square feet of gross floor area
Greenhouses (No On Premises Sales) One space per employee on shift of maximum employment
Greenhouses (On Premises Sales) One space per 400 square feet of gross floor area
Hotels, Motels, Motor Lodges One space per lodging unit, plus one space per employee
Orange County, North Carolina – Unified Development Ordinance Page 6-56
113
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Junkyards One space per employee on shift of maximum employment
Kennels/Riding Stables One space per four pens or stalls
Laundry & Dry Cleaning Services One space per 300 square feet of gross floor area
Metal Fabrication Shop One space per employee
Microbrewery with Minor Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Microbrewery with Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Night Clubs, Bars, Pubs One space per four seats
Offices and Personal Services, Class 1 One space per 300 square feet of gross floor area
Offices and Personal Services, Class 2 One space per 300 square feet of gross floor area
Offices and Personal Services, Class 3 One space per 300 square feet of gross floor area
Repair Services: Electronic & Appliance One space per 300 square feet of gross floor area
Restaurants: Carry Out 15 spaces plus one space per 50 square feet of gross floor area
Restaurants: Drive-In 15 spaces, plus one space per 50 square feet of gross floor area
Restaurants: General One space per four seats or one space for every 50 feet of floor area
for public use, whichever is greater
Retail trade, Class 1 One space per 300 square feet of gross floor area
Retail trade, Class 2 One space per 300 square feet of gross floor area
Retail trade, Class 3 One space per 200 square feet of gross floor area
Rural Guest Establishments: Bed &
Breakfast
One space per guest room, plus one space per employee, plus two
spaces for the residence
Rural Guest Establishments: Bed &
Breakfast Inn
One space per guest room, plus one space per employee, plus two
spaces for the residence
Rural Guest Establishments: Country Inn
One space per guest room, plus one space per employee, plus one
space for every four seats in the restaurant, plus two spaces for the
residence (if applicable)
Storage & Warehouse: Inside Building One space per employee
Storage of Goods: Outdoor One space per employee
Taxidermy One space per 400 square feet of gross floor area
Tourist Home One space per lodging unit
Wholesale Sales One space per employee on shift of maximum employment
Winery with Minor Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Winery with Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
EXTRACTIVE USES
Extraction of Earth Products no requirement
GOVERNMENTAL USE
Governmental Protective Services One space per employee on the shift of maximum employment
Police and Fire Stations no requirement
Military Installations
(National Guard & Reserve Armory) no requirement
MANUFACTURING, ASSEMBLY & PROCESSING
Industrial, Light One space per employee on the shift of maximum employment
Industrial, Medium One space per employee on the shift of maximum employment
Orange County, North Carolina – Unified Development Ordinance Page 6-57
114
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Industrial, Heavy One space per employee on the shift of maximum employment
Metal Fabrication Shop One space per employee
Microbrewery, production only One space per employee
Printing and Lithography One space per employee
Sawmills One space per employee
Winery, production only One space per employee
MEDICAL USES
Animal Veterinary Hospitals; Veterinarians One space per 200 square feet of gross floor area
Health Services; Under 10,000 Square Feet One space per 300 square feet of gross floor area
Health Services; Over 10,000 Square Feet One space per 200 square feet of gross floor area
Hospitals One space per 4 four beds
Veterinary Clinic One space per employee plus one space per 300 square feet of
gross floor area
Veterinary Clinic, mobile One space per employee
RECREATIONAL USES
Amusement Areas One space per 50 square feet
Athletic Field Ten spaces per field
Basketball Court Five spaces per court
Billiard or Pool Hall Two spaces per table
Botanical Gardens & Arboretums Two spaces per acre
Bowling Establishment Three spaces per lane
Camp / Retreat Center Five spaces for first two acres of recreation space and one space for
each additional acre thereafter
Golf Courses Two spaces per tee
Guest Ranch
One space per guest room, plus one space per employee.
Additional parking may be required based on facilities and uses
proposed.
Health Exercise Facility One space per 50 square feet
Pitch and Putt Courses Two spaces per tee
Shooting Ranges One space per target area
Skating Rink One space per 200 square feet
Subdivisions - Private Recreational Facilities Five off-street parking spaces for first two acres of each recreational
site plus one space for each additional acre thereafter Dedicated Recreational Land
Swimming Pool One space for every five patrons, based on maximum design
capacity
Soccer Fields, Ball Fields Eight spaces per acre
Tennis, Handball, Racquet Ball Courts Two spaces per court
Basketball Courts Five spaces per court
Picnic Shelter Area One space for every ten patrons, based on maximum design
capacity
Swimming Pool One space per 140 square feet
Tennis, squash, Handball or Racquet Ball
Court Two spaces for every court
RESIDENTIAL USES
Dwelling, Multi-family: One space per dwelling unit
Orange County, North Carolina – Unified Development Ordinance Page 6-58
115
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Efficiency
One bedroom
Two bedroom
One and one-half space per dwelling unit
Two spaces per dwelling unit
Dwelling, Single Family One space per dwelling unit
Dwelling, Two Family One space per dwelling unit
Family Care Facilities One space per three residents;
One space per employee on the shift of maximum employment
Group Care Facilities One space per two beds;
One space per employee on shift of the maximum employment
Membership Lodges (Sororities and
fraternities) One space per lodging resident member
Mobile Homes One space per unit
Rehabilitative Care Facility One space per two beds;
One space per staff member
Rooming House One space per lodging unit
TEMPORARY USES
Buildings; Portable See appropriate uses
TRANSPORTATION
Bus Passenger Shelters no requirement
Bus Terminals and Garages no requirement
Motor Freight Terminals One space per employee
Motor Vehicle Maintenance & Repair (Body
Shop) One space per each service bay and mechanic
Motor Vehicle Sales Rental (New and Used) One space per 400 square feet of gross floor area
Motor Vehicles Service Stations One space per each service bay and mechanic
Parking as Principle Use Surface or
Structure no requirement
Petroleum Products: Storage and
Distribution One space per employee
Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one
space per 800 square feet of gross floor area
UTILITIES
Public Utility Stations & Substations,
Pumping Stations, Switching Stations,
Telephone Exchanges
no requirement
Radio & Television Transmitting & Receiving
Towers, Water Treatment & Sanitary
Sewage Treatment Plants, Elevated Water
Storage Tanks
no requirement
Transmission Lines no requirement
WASTE MANAGEMENT
Landfills (2 acres or more) no requirement
Waste Management Facility, Hazardous and
Toxic One space per employee on shift of maximum employment
MISCELLANEOUS
Airport General Aviation One space per four air vehicles
Assembly Facility Greater than 300 One space per two seats
Assembly Facility Less than 300 One space per two seats
Cemetery no requirement
Orange County, North Carolina – Unified Development Ordinance Page 6-59
116
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Church One space per four seats
Clubs or Lodges, Social One space per three members
Community Center One space per 400 square feet of gross floor area
Crematoria One space per employee
Research Facility One space per employee
Research Lands & Installations , Non-Profit no requirement
Rural Heritage Museum One space per 400 square feet of gross floor area
Rural Special Events One space per employee plus one space for 50 square feet of event
area
6.9.8 Determination For Unlisted Uses
The Planning Director shall make a determination of the minimum required off-street parking
spaces for uses not specifically listed in this Section. In reaching the determination, the Planning
Director may consider the following:
(1) Requirements for similar uses,
(2) The number and kind of vehicles likely to be attracted to the proposed use, and
(3) Studies of the parking requirements of such uses in other jurisdictions.
6.9.9 Fractional Results
When the number of parking spaces required by this Section results in a fractional space, any
fraction of less than one-half may be disregarded; a fraction of one-half or more shall be counted
as one parking space.
6.9.10 Off-Street Parking Design Standards
(A) Standard Parking Spaces
(1) Each parking space shall have a minimum area of 180 square feet and have a
minimum width of 9 feet.
(2) Wheel stops or curbs may be required to prevent encroachment on pedestrian
ways and/or landscaping.
Orange County, North Carolina – Unified Development Ordinance Page 6-60
117
DEFINITIONS
Related to Agricultural Support Enterprises
In an effort to minimize the number of pages for the amendment package, relevant
definitions have been extracted from the UDO and proposed new definitions are listed
as a group. After approval, the definitions will be inserted alphabetically into Article 10
of the UDO.
Revised Definitions of Existing Terms:
Commercial Feeder Operation 1
An intensive animal raising operation that takes place within a building. None of the feed is produced on
the tract, and the processing is fully or partly automated.
Riding Stable, Commercial
A commercial facility where horses are sheltered, fed, groomed, boarded, trained, ridden, or bred.
Typical accessory uses may include riding instruction, horse shows and auctions, a tack shop, and
storage of feed and supplies. The operator of a riding stable shall be allowed to reside on the property to
ensure the continuous care of the animals kept on-site. An establishment for boarding, breeding, training
or raising of horses, ponies, mules, and/or donkeys for a fee; and/or rental of horses, ponies, mules,
and/or donkeys for riding, driving, and/or instruction. Exercise rings shall be considered accessory uses
to a commercial stable. Smaller scale events, such as horse shows expected to generate less than 80
traffic trips per day, may be held no more often than once per month. The operator of a commercial
stable may reside on the property to ensure the continuous care of animals kept on the site.
Proposed Definitions for New Terms:
Agricultural Processing Facility, Community
A facility utilized for the processing of produce and/or other commodities produced by no more than 5
cooperative farm partners for the consumption of others (e.g. small canning operation); Activities shall
include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw
produce but does not include processing of live animals (see Meat Processing Facility). May include
accessory retail sales of products processed on-site.
Agricultural Processing Facility
A facility utilized for the processing and packaging of produce and/or other commodities for transport to
off-site wholesale or retail establishments. Facilities may be utilized by farm-based producers,
restaurateurs, caterers, food entrepreneurs, and the like. Activities shall include, but may not be limited
to, canning, dehydrations, washing, cutting or basic preparation of raw produce.prior to shipment but does
not include processing of live animals (see Meat Processing Facility). May include accessory retail sales
of products processed on-site.
Agritourism
A business directly related or incidental to agricultural activities occurring on the bona fide farm on which
it is located and conducted for the enjoyment or education of the public.
1 This is considered a bona fide farm operation under State Statutes and cannot be regulated with zoning so staff is
suggesting it be deleted from the UDO.
118
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
Community Farmers’ Market
An enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats,
commodities, plants, crafts, etc. For the purpose of this definition, “local” means Orange County and
counties that share a border with Orange County.
Composting Operation
A facility designed and used for transforming food, yard waste and other organic material into soil or
fertilizer through biological decomposition. This does not include backyard composting bins serving
individual families.
Cooperative Farm Partner
A local farmer or producer of agricultural products who forms a business arrangement with other local
farmers and/or producers to collectively process, market, and/or sell agricultural goods. For the purpose
of this definition, “local” means Orange County and counties that share a border with Orange County.
Cooperative Farm Stand
An open-air facility, located on a bona fide farm, for the retail sale of produce, agricultural products, and/
or plants produced on-site and from not more than 4 other cooperative farm partners.2
Country Store
An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of
merchandise, which must include locally produced products. For the purpose of this definition, “local”
means Orange County and counties that share a border with Orange County.
Equestrian Center
A facility designed and intended for the display of equestrian skills and the hosting of events including, but
not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian
disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic
trips per day, and may be held more frequently than once per month. A commercial stable may be
included on the site.
Farm Equipment, Non-Farm Use of
Commercial use of the farm equipment owned/leased by, and stored on, a bona fide farm for non-farming
activities away from the a bona fide farm. Examples include grading services and landscaping services.3
Farm Equipment Rental, Sales and Service
An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment,
including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other
large, heavy-duty types of equipment used in the construction or farming industries but not including
horse trailers, trucks, or other vehicles designed for use on public roads.
Farm Supply Store
An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm
supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products,
and the like may be an ancillary activity.
2 The County Attorney’s office has advised that this language is legally insufficient and must be removed.
3 The County Attorney’s office has advised that this language is legally insufficient and must be revised as shown.
119
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
Guest Ranch
A rural lodge providing overnight accommodations for transient guests seeking a vacation experience
characteristic to that of a rural ranch; onsite facilities may include lodge or cabin accommodations, dining
facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing
holes and swimming facilities.
Meat Processing Facility, Community
A smaller scale facility, located on a bona fide farm, where livestock or wildlife is slaughtered, processed,
and packaged for personal consumption and/or wholesale or retail sale. The livestock must be raised on
the subject farm and from 1 to 4 other cooperative farm partners.4
Meat Processing Facility, Regional
A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for
wholesale or retail sale.
Metal Fabrication Shop
A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale.
Microbrewery, production only
A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail
sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm
and using primarily crops produced on-site.
Microbrewery with Minor Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small
periodic events that are expected to attract fewer than 150 people to the site. Food services may be
permitted under the conditional zoning or special use permit approval.
Microbrewery with Major Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are
expected to attract more than 150 people to the site. Food services may be permitted under the
conditional zoning or special use permit approval.
Rural Heritage Museum
A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the
purpose of educating the public about the rural heritage of Orange County and surrounding areas.
Rural Special Event
A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to
attract more than 20 people at any given time.
Saw Mill
A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood
products; not including the processing of timber for use on the same parcel of property.
4 The County Attorney’s office has advised that this language is legally insufficient and must be removed.
120
Stockyard / Livestock Market
A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may
include enclosed pavilions, grandstands, paddocks, and stalls.
Taxidermy
The practice of preparing and preserving the skins of animals and of stuffing and mounting them in lifelike
form.
Veterinary Clinic
A facility staffed by at least one licensed veterinarian for the care and treatment of large and/or small
animals. Such facilities may include grooming and short-term boarding as incidental uses.
Veterinary Clinic, mobile
A mobile medical facility staffed by one or more licensed veterinarians to provide care, diagnosis, and
treatment of animals in need of medical or surgical attention.
Veterinary Hospital
A facility staffed by at least one licensed veterinarian for the specialized treatment of large and/or small
animals. Said facilities may provide emergency medical services during and outside of normal business
hours. Overnight care may be provided when it is necessary for the medical treatment of the animal.
Winery, production only
A facility utilized for making wines for wholesale or retail sale and consumption off the premises. Shall be
considered a bona fide farming use if located on a farm and using primarily crops produced on-site.
Winery with Minor Events
A facility utilized for making wines for consumption on- or off-site with limited hours for tours of the facility
and tastings of the products produced on-site, and small periodic events that are expected to attract fewer
than 150 people to the site. Food services may be permitted under the conditional zoning or special use
permit approval.
Winery with Major Events
A facility utilized for making wines for consumption on- or off-site with tours of the facility, tastings of the
products produced on-site, and periodic events that are expected to attract more than 150 people to the
site. Food services may be permitted under the conditional zoning or special use permit approval.
Relevant Existing Terms, no changes proposed:
Agricultural Services
Commercial activities offering goods and services which support production of agricultural products or
processing of those products to make them marketable. Examples include, but are not limited to, soil
preparation, animal and farm management, landscaping and horticultural services, specialized
commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden
products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith,
welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting
halls, storage of agricultural supplies and products, and processing plants for agricultural products
including wineries and canneries.
121
Camp
A recreation use which may include locations for tents, cabins, or other recreational sleeping structures,
but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not-for-
profit corporation.
Farming
The use of land consistent with the State of North Carolina’s definition of farming, as contained in the
General Statutes.
Farm, Bona Fide
The use of land meeting the criteria for “Farm” as defined by the State of North Carolina in the General
Statutes.
Garden Center
Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home
landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative
pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as
Christmas trees, pumpkins and flowers are permitted in the outdoor display area.
Retreat Center
A new or existing facility operated by a corporation or association of persons or churches for social and
recreational purposes. A retreat center may be owned by a profit or not-for-profit corporation.
Rural Guest Establishments
A temporary lodging facility that is compatible to the primary land use of agriculture, forestry, open space,
or otherwise rural residential activities. Rural guest establishments consist of three subcategories based
on intensity and permit requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which
are further defined below.
A. Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and volume of
paying guests is incidental to the primary use of the building as a private residence. One to three
guestrooms are made available to transient visitors. The establishment shall not contain
restaurant facilities, but may provide food service for transient guests only. (Zoning Permit)
B. Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing
overnight accommodations to the public, even though the owner or manager lives on the
premises. The number of guestrooms may range from four to no more than eight. The
establishment shall not contain restaurant facilities, but may provide food service for transient
guests only. (Class B SUP)
C. Country Inn: A business, which offers accommodations and dining in a predominately rural area.
Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch
and dinner to guests and the general public. The number of guestrooms may range from four to
no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP)
122
2030 Comprehensive Plan Amendments
123
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-1
Appendix F. Relationships Between Land Use
Classifications and Zoning Districts
Per the Orange County Unified Development Ordinance, zoning districts are applied
to Land Use classifications and overlays in accordance with this appendix . A matrix
is provided at the end of this appendix that links the zoning districts to the land
use classifications and overlays listed.
TRANSITION LAND USE CLASSIFICATIONS
CHAPEL HILL AND CARRBORO TRANSITION
On November 2, 1987, a Joint Planning Agreement was adopted by Orange County
and the Towns of Chapel Hill and Carrboro. The Agreement became effective on
November 14, 1988, following the adoption, by Orange County, of zoning plans
prepared by the two municipalities for their respective Transition Areas. The
applied zoning districts are those contained in the Chapel Hill Land Development
Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land
use plan categories contained in the Orange County Chapel Hill Carrboro Joint
Planning Land Use Plan. Reference should be made to the appropriate municipal
ordinance and zoning map for a description of the districts and applicable
development standards. Under the terms of the Joint Planning Agreement, the
Towns of Chapel Hill and Carrboro are responsible for permit administration within
their respective Transition Areas.
10-YEAR TRANSITION
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. Non-residential uses implemented
in accordance with small area plans and/or overlay districts may be appropriate.
The applied zoning districts include: R-1 (Rural Residential); R -2 (Low Intensity
Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity
Residential); and R-5 (High Intensity Residential), R -8 (High Intensity Residential),
and R-13 (High Intensity Residential) residential uses, and Zoning Overlay Districts.
20-YEAR TRANSITION
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. The applied zoning districts
include: R-1 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium
Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High
Intensity Residential), R-8 (High Intensity Residential), and R-13 (High Intensity
Residential) residential uses.
COMMERCIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
intensities of commercial development would be appropriate. The applied zoning
districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
(Community Commercial); GC-4 (General Commercial); and O/I (Office/
Institutional).
COMMERCIAL-INDUSTRIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
commercial and industrial activities would be appropriate and allowed. The applied
zoning districts include: I-1 (Light Industrial); I-2 (Medium Industrial); I-3 (Heavy
124
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-2
Industrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
(Community Commercial); GC-4 (General Commercial); and O/I (Office/Institutional).
ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE
Identifies areas along major transportation corridors that may be in proximity to 10-
Year or 20-Year Transition areas of the County which have been specifically targeted
for economic development activity, consisting of light industrial, distribution, flex
space, office, and service/retail uses. Such areas are located adjacent to interstate
and major arterial highways, and subject to special design criteria and performance
standards. The applied zoning districts are EDB-1 (Economic Development Buckhorn
Lower Intensity), EDB-2 (Economic Development Buckhorn Higher Intensity), EDE-
1(Economic Development Eno Lower Intensity), EDE-2 (Economic Development Eno
Higher Intensity), EDH-1 (Economic Development Hillsborough Linear Office), EDH-2
(Economic Development Hillsborough Limited Office), EDH-3 (Economic
Development Hillsborough Limited Office with Residential), EDH-4 (Economic
Development Hillsborough Office), EDH-5 (Economic Development Hillsborough
Office/Flex).
RURAL LAND USE CLASSIFICATIONS
RURAL BUFFER
Only very low density residential and agricultural uses are appropriate in the Rural
Buffer. The applied zoning district is RB (Rural Buffer).
RURAL RESIDENTIAL
Identifies rural areas to be developed as low intensity and low density residential.
The applied zoning district is R-1 (Rural Residential).
AGRICULTURAL RESIDENTIAL
Agricultural activities and associated residential and commercial uses predominate.
The applied zoning districts reflect this primary land use and include: AR
(Agricultural Residential) and AS (Agricultural Services).
RURAL COMMUNITY ACTIVITY NODE
Identifies rural crossroads communities throughout the County where small scale
commercial activities serving the community and surrounding area are appropriate.
The applied zoning districts include: LC-1 (Local Commercial) and NC-2
(Neighborhood Commercial).
RURAL NEIGHBORHOOD ACTIVITY NODE.
Identifies areas in the County where small scale commercial uses serving the
population in the surrounding area are appropriate. The applied zoning districts
include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial).
RURAL INDUSTRIAL ACTIVITY NODE
Identifies rural areas in the County where small scale industrial activities would be
appropriate. The applied zoning district is I-1 (Light Industrial).
OVERLAYS
PUBLIC INTEREST AREA
These lands are considered valuable for recreational and research purposes and are
afforded special treatment. The applied zoning district is PID (Public Interest
District).
125
App
en
dix F:
La
n
d
Use
a
n
d
Zoning
Matr
ix
Orange Co
un
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mprehensi
ve
Pla
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Page F-5
ZONING DISTRICTS
RB
AR
R-
1
R-
2
R-
3
,
R-
4
R-
5
,
R
-
8
,
R-
1
3
LC
-
1
NC
-2
CC
-3
GC
-
4
EC
-
5
0/I
I-
1
I-
2
I-
3
EI
ED
B
-
1
,
E
D
B
-
2
,
E
DE
-
1
,
ED
E
-
2
,
E
D
H
-
1
,
ED
H
-
2
,
ED
H
-
3
,
E
D
H
-
4,
ED
H
-
5
AS
Spec
i
a
l
Z
o
n
in
g
O
ve
r
l
a
y
Dis
tr
i
c
t
PI
D
AS
E
-CZ
MP
D
-CZ
MH
P
-
C
Z
Land Use Classifications &
Overlays
Tr
a
n
s
i
t
i
o
n
Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement-
Contact appropriate Municipality for applicable Zoning Standards Carrboro Transition
10-Year Transition ♦ ♦ ♦ ♦ ♦ ♦ ♦
20-Year Transitio n ♦ ♦ ♦ ♦ ♦ ♦
Commercial Transition
Activ ity Node ♦ ♦ ♦ ♦ ♦ ♦ ♦
Co mmercial-Industrial
Transition Activ ity Node
♦
♦
♦
♦
♦
♦
♦
♦ ♦ ♦
Ec ono mic Dev elopment
Transitio n Activ ity Node
♦ ♦
Rural
Rural Buffer ♦ ♦
Rural Residential ♦ ♦ ♦
Agricultural Residential ♦ ♦ ♦ ♦
Rural Community Activity
Node
♦
♦ ♦ ♦
Rural Neig hborhood
Activity No de
♦
♦ ♦
Rural Indus trial Activ ity
No de
♦ ♦
Over
lay
Public Interest Area
♦
126
1
Agricultural Support Enterprises
Basic Zoning Program
Notes:
1. Some uses listed below already exist within the UDO; of these, some are proposed for changes (predominantly addition of use-
specific standards) while others are not proposed for changes (see footnote below for key). This table is intended to show the full
range of uses that have been considered “Agricultural Support Enterprises” through the years and are subject to zoning
regulations.
2. All uses are subject to the development standards contained in Article 6 of the UDO (Landscaping, Buffers, Parking, Loading,
Signage, Lighting, etc.) and any other applicable section.
3. All uses are subject to any applicable Environmental Health (well, septic, food service, etc.) and Building Code regulations.
These types of regulations are adopted at the State level and the local government cannot change them.
4. There may be other State or Federal requirements applicable to specific uses (e.g., meat processing for public consumption).
DEAPR or Cooperative Extension staff can assist people with understanding other types of requirements.
5. A pre-development meeting is available free of charge to all persons proposing projects. All relevant County staff members (from
all involved departments, depending on project proposed) are in attendance at the meeting to assist potential applicants in
understanding all requirements for the potential project and the relevant processes. Prospective applicants are highly
encouraged to take advantage of this service.
Type of Use 1 General Use Zoning
Districts in which Allowed 2
Conditional Zoning
Districts in which Allowed
Standards Section for
Specific Use
Agricultural Processing Facility AS, I1, I2, I3 ASE-CZ, MPD-CZ 5.13.2
Agricultural Processing Facility,
Community
RB, AR, LC1, NC2, AS, I1 ASE-CZ, CUD 5.13.3
Agricultural Services Uses* AS ASE-CZ, MPD-CZ, CUD None
1 What is it? Check the definition section of the amendment packet to see how it’s defined.
2 Check Article 3 of UDO for explanation of zoning districts: http://orangecountync.gov/planning/Ordinances.asp
*: Use type currently exists in the UDO and is not proposed for modification.
^: Use type currently exists in the UDO and is proposed for modification.
Attachment 3
127
2
Type of Use 1 General Use Zoning
Districts in which Allowed 2
Conditional Zoning
Districts in which Allowed
Standards Section for
Specific Use
Botanical Gardens/Arboretum* All districts except EC5 and
EI
ASE-CZ None
Cold Storage Facility AS (w/ SUP-A), I1, I2, I3 ASE-CZ, MPD-CZ, CUD 5.13.4
Community Farmers’ Market RB, AR, LC1, NC2, CC3,
GC4, AS
ASE-CZ, MPD-CZ, CUD 5.13.5
Composting Operation, no grinding AS (w/ SUP-A) ASE-CZ, CUD 5.13.6
Composting Operation, with grinding AS (w/ SUP-A) ASE-CZ 5.13.6
Cooperative Farm Stand RB, AR, LC1, NC2, AS ASE-CZ, MPD-CZ, CUD 5.13.7
Country Store LC1, NC2, AS ASE-CZ, MPD-CZ, CUD 5.6.15
Equestrian Center AR (w/ SUP-A) ASE-CZ, CUD 5.13.8
Farm Equipment Rental, Sales and
Service^
GC4, EC5, AS, I2, I3 ASE-CZ 5.13.9
Farm Supply Store LC1, NC2, CC3, GC4, AS ASE-CZ, MPD-CZ, CUD 5.13.10
Feed Mill^ AS, I2, I3 ASE-CZ, MPD-CZ 5.13.11
Garden Center* LC1, NC2, CC3, GC4, AS ASE-CZ, MPD-CZ, CUD 5.6.3
Greenhouses with On Premises
Sales^
AR, NC2, CC3, GC4, EC5,
AS
ASE-CZ, MPD-CZ, CUD 5.13.12
Guest Ranch none ASE-CZ 5.7.6
Kennels, Class I* RB, AR, R1, CC3, GC4, AS ASE-CZ None
Kennels, Class II* w/ SUP-B only: RB, AR, R1,
CC3, GC4, AS
ASE-CZ 5.6.5
Meat Processing Facility, Community RB, AR ASE-CZ, CUD 5.13.13
Meat Processing Facility, Regional AS (w/ SUP-A) ASE-CZ 5.13.14
Metal Fabrication Shop Not explicit (would fall under
one of the Industrial
classifications)
ASE-CZ 5.14.1
Microbrewery, production only I1, I2, I3
w/ SUP-B only: RB, AR
ASE-CZ, MPD-CZ, CUD 5.14.2
Microbrewery with Minor Events w/ SUP-B only: RB, AR, I1,
I2, I3
ASE-CZ, MPD-CZ, CUD 5.6.10
Microbrewery with Major Events none ASE-CZ, MPD-CZ 5.6.11
Off-Season Use of Farm Equipment RB, AR, AS ASE-CZ, CUD 5.13.15
Rural Guest Establishment: Bed & RB, AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.7
128
3
Type of Use 1 General Use Zoning
Districts in which Allowed 2
Conditional Zoning
Districts in which Allowed
Standards Section for
Specific Use
Breakfast*
Rural Guest Establishment: Bed &
Breakfast Inn*
w/ SUP-B only: AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.8
Rural Guest Establishment: Country
Inn*
w/ SUP-A only: AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.9
Rural Heritage Museum w/ SUP-B only: RB, AR, LC1,
NC2, AS
ASE-CZ, CUD 5.17.7
Rural Special Events RB, AR, AS ASE-CZ, MPD-CZ, CUD 5.17.8
Sawmill^ AS 5.14.3
Stables, Commercial^ w/ SUP-B only: RB, AR, R1,
CC3, GC4, AS
ASE-CZ, MPD-CZ 5.13.16
Stockyards / Livestock Markets^ AS ASE-CZ 5.13.17
Studio (Art)* LC1, NC2, CC3, GC4, OI, I1,
I2, I3
MPD-CZ, REDA-CZ-1, CUD None
Taxidermy LC1, NC2, CC3, GC4, I1
w/ SUP-B only: AR
ASE-CZ, CUD 5.6.12
Veterinary Clinic
LC1, NC2, CC3, GC4, EC5,
OI, AS, I1, I2, I3
w/ SUP-B only: AR
ASE-CZ, MPD-CZ, CUD 5.16.1
Veterinary Clinic, mobile
LC1, NC2, CC3, GC4, EC5,
OI, AS, I1, I2, I3
w/ SUP-B only: AR, R1
ASE-CZ, MPD-CZ, CUD 5.16.2
Veterinary Hospitals^ CC3, GC4, EC5, OI, AS, I2,
I3
ASE-CZ, MPD-CZ, CUD 5.16.3
Winery, production only I1, I2, I3
w/ SUP-B only: RB, AR
ASE-CZ, MPD-CZ, CUD 5.14.4
Winery with Minor Events w/ SUP-B only: RB, AR, I1,
I2, I3
ASE-CZ, MPD-CZ, CUD 5.6.13
Winery with Major Events none ASE-CZ, MPD-CZ 5.6.14
129
4
Bona Fide Farming Activities
Bona fide farming activities are exempt from local zoning regulations, but may be subject to environmental health and building codes
and regulations in the UDO that are not considered “zoning”. Examples of bona fide farming activities are:
• Production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants,
dairy, livestock (including horses), and poultry. Includes the use of greenhouses.
• Planting and production of trees and timber
• Aquaculture
• Marketing and selling of agricultural products produced on-site (e.g., can have a farm stand or store building on the bona fide
farm and farm products can include raw and value added products).
• On-site agritourism
• Storage and use of products and materials for on-site agricultural purposes
• Packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural
products produced on-site
• Production of nonfarm product that the Department of Agriculture and Consumer Services recognizes as a “Goodness Grows
in North Carolina” product, if produced on a farm subject to a conservation agreement in an enhanced voluntary agriculture
district
• Sawmill for timber produced on-site
• Farm employee housing
• Teaching classes related to agriculture on the farm
• Winery (using predominantly grapes produced on-site)
• Microbrewery (using predominantly crops produced on-site)
130
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 2, 2014
Action Agenda
Item No. 9
SUBJECT: Unified Development Ordinance Text Amendment – Home Occupations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Unified Development Ordinance (UDO)
Amendment Outline Form
2. Proposed Text Amendments
3. Home Occupations Report and Site Plan
Examples
4. Approved January 8, 2014 Planning Board
Meeting Minutes
5. Approved February 18, 2014 BOCC
Meeting Minutes
Ashley Moncado, Planner II 245-2589
Craig Benedict, Director 245-2575
PURPOSE: To review and discuss comments received at the February 18, 2014 Board of
County Commissioners (BOCC) meeting in order to make a recommendation for the May 8,
2014 BOCC meeting on a Planning Board and Planning Director initiated text amendment to the
Unified Development Ordinance (UDO).
BACKGROUND: Since July 2013, staff has been working directly with the Planning Board to
review and revise existing home occupation standards contained in the UDO. At the November
25, 2013 Quarterly Public Hearing, the BOCC 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 addressed, staff recommended bringing the item back to the
Planning Board for further review and discussion at the December 4 meeting. Following
Planning Board review and discussion, staff revised the proposed text amendment to reflect
comments received from the BOCC and the Planning Board.
The Planning Board considered this item at its January 8, 2014 meeting and voted 7-1 to
recommend approval of the UDO text amendment. Minutes from this meeting are included in
Attachment 4. The amendment was presented for adoption consideration at the February 18
BOCC meeting. During discussion, Board members identified concerns with existing and
proposed language regarding screening and setback standards for accessory structures utilized
in a home occupation. Due to these concerns, the BOCC voted to refer the item back to the
Planning Board and staff for further review and consideration. Minutes from this meeting are
included in Attachment 5.
131
Attachment 3 contains a staff report on the proposed text amendment’s review history, including
the Board’s motion from the February 18 BOCC meeting, and site plan examples depicting
existing and proposed setback standards. Additionally, pages 5-7 include a response from
planning staff addressing comments received at the February 18 BOCC meeting.
Attachment 1 contains additional information and analysis regarding this amendment. Proposed
text amendment language can be found in Attachment 2 within a “track changes” format (red
text for proposed additions and black strikethrough for proposed deletions). Modifications made
following the November Quarterly Public Hearing and December Planning Board meeting are
denoted in green text. No revisions have been made to the proposed amendment since it was
recommended for approval at the January 8 Planning Board meeting.
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 Planning Board:
1. Receive the Home Occupations Report and Site Plan Examples in Attachment 3,
2. Review and deliberate as necessary on the proposed text amendment in Attachment 2,
3. Consider the Planning Director’s recommendation to approve the text amendment as
detailed in Attachment 2; and,
4. Make a recommendation to the BOCC on the proposed amendment in time for the
May 8, 2014 BOCC meeting.
132
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
4. Section 10.1 Definitions
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
relating to the regulation of home occupations within the county.
133
2
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 copy 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)],
however, no specific amendment requests were made.
134
3
At the November 25 Quarterly Public Hearing concerns with standards regarding
prohibiting specific uses, screening of accessory structures, and setback standards
of accessory structures and outdoor storage space u tilized in a major home
occupation were discussed by the BOCC and Planning Board. 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 re view
and discussion at the December 4 meeting. 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. Sixty-three letters were mailed on
November 27, 2013 and no comments were received from the public. At the January
8 Planning Board meeting, Board members reviewed revised standards based on
comments received at the November Quarterly Public Hearing and the December 4
Planning Board meeting. Members voted 7-1 to recommend approval of the UDO
text amendment as presented by staff.
The amendment was presented for adoption consideration at the February 18
BOCC. During the meeting, Board members identified concerns with existing and
proposed standards regarding screening and setback regulations for accessory
structures utilized in a home occupation. As a result, the BOCC referred the item
back to the Planning Board for further review and consideration.
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
135
4
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
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 – Approved legal ad for the November 25 Quarterly Public
Hearing.
November 6, 2013 – Planning Board Ordinance Review Committee (ORC)
November 25, 2013 – Quarterly Public Hearing
Comments made at the Quarterly Public Hearing are included at the end of
this form.
February 18, 2014 – Receive Planning Board recommendation
May 8, 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 – further discussion
January 8, 2014 – BOCC recommendation
April 2, 2014 – BOCC recommendation
136
5
b. Advisory Boards:
c. Local Government Review:
The proposed text amendments were received from the Town of Carrboro
submitted to the JPA Partners on and the Town of Chapel Hill are
November 7, 2013. Comments included at the end of this 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.
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.
General Public:
Small Area Plan Workgroup:
Other:
137
6
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 for proposed language.
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado@orangecountync.gov
138
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
139
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
140
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)
141
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.
142
PLANNING
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514
phone (919) 968-2728 fax (919) 969-2014
www.townofchapelhill.org
December 6, 2013
Ms. Perdita Holtz
Planning Systems Coordinator
Orange County Planning Department
PO Box 8181
Hillsborough, NC 27278
Subject: Courtesy Review Comments on Proposed Unified Development Ordinance
Amendment Regarding Home Occupation Permits in the Rural Buffer
Dear Ms. Holtz:
Thank you for the opportunity to review the proposed zoning ordinance amendment regarding
home occupation permits in the rural buffer area. We do not have any comments on the proposed
ordinance amendment as it relates to the Joint Planning Agreement.
Should you have any questions, please do not hesitate to call me at (919) 968-2728.
Regards,
Phil Mason, AICP
Principal Planner
143
Comments Received 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 Board reviewed BOCC comment and
proceeded with proposed amendments as
presented in Attachment 2.
Concerns with existing standards requiring
landscaping and buffering of accessory structures
used in the home occupation.
Existing standards contained within the UDO
have been revised to allow for exemptions in
screening requirements of accessory structures.
Concern with existing nonprofit language being
too vague regarding nonprofit special events.
Proposed standards for special events have been
revised to specifically reference 501(c)3
nonprofits.
Concerns with existing standards regarding the
appearance of a residential accessory structure.
Existing standards contained within the UDO
have been revised to provide clarity regarding the
appearance of accessory structures.
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, and deliveries and
an 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 contained within the UDO
have been revised to allow these uses to operate
from a residential property with an approved
home occupation permit.
Concerns regarding setback standards
for accessory structures and outdoor
storage space used in a major home
occupation.
Proposed setback standards for outdoor storage
space have been revised to allow for greater
flexibility in setback standards for accessory
structures and outdoor storage space through
the Special Use Permit process.
144
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 Text: Denotes new, proposed text, that staff is suggesting be added to the UDO
Black Strikethrough Text: Denotes existing text that staff is proposing to delete
Green Text: Denotes modifications made following the November Quarterly Public
Hearing and December Planning Board meeting.
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
145
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.
146
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
501(c)(3) nonprofit organization or government entity, for example 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
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.
147
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-33
(c) The use of the building shall be only for the period of time specified and
for the use specified.
(d) The proposed use is a permitted use in the district in which it is located.
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
148
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-34
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.
(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 conduct only online retail
sales and do not include nonresident employees located onsite,
signage, or onsite students, customers, and/or clients do not
require a home occupation permit.3
(iii) Uses Not Permitted
a. Except for the office component of the business
operation, the following activities are explicitly prohibited
as home occupations:
i. Automotive repair,
ii. Automotive service,
iii. Automotive detailing,
iv. Body shop, and
v. Hauling, and
vi. Building, electrical, plumbing, mechanical,
grading or other construction contracting.4
3 Revisions have been made to address Planning Board comments regarding onsite retail sales.
Proposed standards will exempt home occupations conducting retail sales through the internet if the
operation has no onsite employees, signage, and visitors from the home occupation permit process. 4 Based on comments received at the Quarterly Public Hearing, revisions to this Section will allow
building, electrical, plumbing, mechanical, grading, and other construction contracting to operate from a
149
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-35
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.
(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.5
(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
employees, students, customers, and/or clients shall not
exceed more than two business trips per hour, more
than eight twenty trips per day. or more than two
deliveries of products or materials per week. All
residential property with an approved home occupation permit. Revisions are proposed to additional
Sections of the UDO to address potential traffic impacts as a result of these uses being permitted as a
home occupation. The revisions also make it clearer that an office related to the types of uses in i.
through v. may be allowed, however, it is the actual activities that are not allowed as a home occupation. 5 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.
150
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-36
deliveries must be made by vehicles of a size normally
used for household deliveries.6
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 of
14,000 pounds used in connection with the home
occupation7. 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.8
(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 3.3,9
provided that the building structure is built with suitable
residential construction materials to resemble has the
appearance of a residential accessory structure.10
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. Screening will not be required when:
i. The accessory structure is located 40 feet or
more from all property lines; or
6 Existing standards regulating the number of hourly and daily trips were found to be inconsistent with
proposed language regulating the number of students, customers, and/or clients permitted onsite per day.
As a result, revisions will allow for an increase in the number of daily trips resulting from the operation of
the home occupation. Proposed standards are to regulate the number of daily trips generated from
employees and visitors associated with the home occupation and not the number of daily trips generat ed
from the residential use of the property. Please note that a “trip count” is one direction only (a round trip,
in and out, is counted as two trips in traffic engineering calculations). Additional revisions shall allow for
an increase in deliveries while limiting the type of vehicle to a size normally used for household deliveries.
7 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. 8 Staff recommends the existing language to be revised in order to a avoid a potential inconsistency with
standards contained within item a.
9 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. 10 Revisions will clarify concerns raised at the Quarterly Public Hearing regarding existing language
addressing the appearance of accessory structures. Standards require accessory structures to be
constructed with suitable residential construction materials in order to avoid commercially designed
structures to be located in a residential zoning district. Existing and proposed standards do not require
accessory structures to take on the exact appearance of the residential structure.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-37
ii. Existing vegetation provides suitable screening
of the accessory structure from all adjacent
properties.11
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.
(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. 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.
d. 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
11 Existing standards regarding screening of accessory structures have been revised to address
comments received at the Quarterly Public Hearing . Proposed revisions will allow accessory structures
located at least 40 feet from all property lines or sites providing screening with the use of existing
vegetation to be exempt from screening requirements.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-38
approved Special Use Permit, but in no case shall the
total exceed 50% of the floor area of the dwelling unit.
e. 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. Traffic generated by employees, students, customers,
and/or clients shall not exceed more than fifty trips per
day. All deliveries must be made by vehicles of a size
normally used for household deliveries.
b. All major home occupations shall conform to the
standards of Section 5.5.3(A)(2)(b)(ii)c.
c. Parking generated by the home occupation shall be met
off the street and set back at least 40 feet from all
property lines.
d. Major home occupations located on public roadways
may be required to submit a driveway permit prior to
approval.
e. 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. All accessory structures shall be built with suitable
residential construction materials to resemble the
appearance of a residential accessory structure.
c. Setback standards for all accessory structures shall be
determined with the approved Special Use Permit and in
no case be less than 40 feet from all property lines.12
d. 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. Screening will not
be required when:
i. The accessory structure is located 80 feet or
more from all property lines; or
ii. Existing vegetation provides suitable screening
of the accessory structure from all adjacent
properties.
12 Proposed setback standards for accessory structures have been revised to address comments
received at the Quarterly Public Hearing. Proposed revisions will allow setbacks to be determined on a
case-by-case basis through the Special Use Permit process, but will still require a minimum setback of 40
feet from all property lines.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-39
e. New accessory structures built for the purpose of
conducting a home occupation shall not exceed square
footage allowances referenced in Section
5.5.3.A(2)(e)(iii)a.
f. 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. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and 13
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.
13 Proposed setback standards for outdoor storage space have been revised to address comments
received at the Quarterly Public Hearing. Proposed standards will allow setbacks to be determined on a
case-by-case basis through the Special Use Permit process, but will still require the minimum setback
standard of 40 feet currently contained in Section 5.5.3(A)(2)(f)(i)b of the UDO.
154
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.
155
Home Occupations Report and Site Plan Examples
Prepared by Orange County Planning Staff
March 19, 2014
Introduction
At the July 10, 2013 Planning Board meeting, the Planning Board and Planning Director initiated a text
amendment to the Unified Development Ordinance (UDO) to modify existing language relating to the
regulation of home occupations within the county. Since then, staff has been working directly with the
Planning Board to review and revise existing home occupation standards contained in the UDO.
The purpose of pursuing an amendment to existing standards is to allow for the expansion of home
based businesses in the county. While working with the Planning Board, staff strived to develop
regulations that would create a reasonable balance between supporting the expansion of home based
businesses and protecting the character and enjoyment of residential neighborhoods. Since the
proposed standards would have the greatest effects on the residential districts in which home
occupations are located, it was important to remember the primarily residential purpose and function of
these districts.
Strive to create a reasonable balance between supporting home based businesses
and protecting the character and enjoyment of residential neighborhoods
Home
Occupations
ions
Neighbors
* Proposed uses exceeding home occupation regulations may apply for a
conditional use permit or relocate to a commercial zoning district.
Home
Occupations
ions
156
Review History
At the January 9, 2013 Planning Board meeting, Board members discussed areas of interest to be
worked on in the coming year. Many of these items were elements highlighted in the UDO
Implementation Bridge report prepared when the UDO was adopted in 2011. One item presented by the
Board and referenced in the Implementation Bridge report was the need to review home occupation
requirements to determine if there is a need to revise existing standards.
July to September Planning Board Review
At the July 2, 2013 Planning Board meeting, planning staff followed up with the Board’s request with a
presentation of existing standards and a review of home occupation standards from other local
jurisdictions, including Chapel Hill, Carrboro, and Chatham County. This presentation informed the
Planning Board how standards in other jurisdictions were much more restrictive compared to Orange
County’s current standards in regards to number of employees, square footage, visitors, parking, and
traffic generation. During this meeting, Board members identified concerns with existing standards
being too limiting regarding number of employees and square footage thresholds. At that time, Board
members supported a text amendment revising existing standards for the November 25, 2013 Quarterly
Public Hearing. Based on recommendations and direction from the Planning Board in July, staff
continued the process by drafting text amendment language.
During the September 4, 2013 Planning Board meeting, draft language was presented to the Board for
review and comment. Additionally, during this time, staff worked with the Planning Board Chair and Vice
Chair to complete the Amendment Outline Form which was approved by the BOCC on September 5,
2013. Following this meeting, draft language was revised to reflect comments received regarding traffic
generation, number of daily onsite students, clients, and/or customers, special events, and exemptions
from the home occupation permit process.
October and November Ordinance Review Committee (ORC) Meetings
At the October 2, 2013 ORC meeting, revised draft amendment language was presented to the Board for
further review and comment. During this meeting, the Planning Board and staff discussed concerns
regarding parking, vehicle weight, and acreage requirements for major home occupations.
Following the September and October meetings, staff reviewed comments received from the Board and
identified concerns with the proposed recommendations regarding the effects on daily traffic counts. As
a result, staff conducted a meeting on October 16, 2013 with the Planning Board Chair to discuss these
concerns. During this meeting, proposed standards based on Planning Board’s recommendation were
revised for review at the November 6, 2013 ORC meeting. At the November ORC meeting, the Planning
Board supported the amendment as presented, however, stated concerns regarding existing language in
the UDO not allowing specific uses, including plumbing, electrical, and building contracting, to operate
as a home occupation. No specific amendment requests were made at that time for review at the
Quarterly Public Hearing.
The Planning Board and planning staff worked together to develop amendments to present at the
November Quarterly Public Hearing that supported home based businesses and protected the character
and enjoyment of residential neighborhoods. The proposed amendments significantly increase the
opportunity for home based businesses to operate in Orange County with the development of a minor
and a major home occupation. The following graphic illustrates the number of existing and proposed
options available to accommodate and support businesses, including home occupations, in the rural and
urban areas of the county as a result of the proposed amendment.
157
November Quarterly Public Hearing
At the November 25, 2013 Quarterly Public Hearing, the Board of County Commissioners and Planning
Board provided the following comments regarding the proposed home occupation text amendment:
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.
Concerns with existing standards requiring screening and buffering of accessory structures used
in the home occupation.
Concerns with existing standards regarding the appearance of a residential accessory structure.
Concerns regarding proposed standards being too restrictive and creating a financial burden on
business owners.
Concerns with trade uses, including plumbing, electrical, and building contracting, not being
permitted as a home occupation.
Concerns regarding setback standards for outdoor storage space used in a major home
occupation.
Recognizing that a number of items needed to be addressed, staff recommended bringing the item back
to the Planning Board for review at the December 4, 2013 meeting and return a recommendation in
time for the February 18, 2014 regular BOCC meeting.
158
December and January Planning Board
Following the November Quarterly Public Hearing, the amendment was brought back to the December
Planning Board meeting in order to discuss concerns raised by the BOCC and Planning Board. At this
time, staff discussed revisions to the proposed amendment in regards to allowing previously
unpermitted uses, including plumbing, electrical, and building contracting, to be allowed to operate in a
residential district with an approved home occupation permit. Additionally, during this meeting the
Board and staff discussed concerns with screening standards and negative visual impacts that may result
from revising existing language. Comments received by the Planning Board were addressed within the
amendment by allowing previously unpermitted uses to operate as a home occupation and providing a
waiver from screening requirements with existing vegetation and/or increased setbacks.
At the January 8, 2014 Planning Board meeting, Board members reviewed the revised standards based on
comments received at the November Quarterly Public Hearing and the December 4, 2013 Planning Board
meeting. Members voted 7-1 to recommend approval of the UDO text amendment as presented by staff.
Comments received from the dissenting Board member during this meeting were in regards to the existing
permit fee, enforcement, and the proposed amendment limiting economic development in the county.
February 18, 2014 Board of County Commissioners Meeting
The proposed amendment was presented for adoption consideration at the February 18, 2014 BOCC
meeting. During discussion, Board members stated concerns with standards contained within the
proposed amendment. One item of concern included screening standards required for accessory
structures utilized in a home occupation. This standard is currently existing in the UDO and required for
all home occupations in the county. Board members stated that this standard may create an economic
hardship for residents wishing to pursue a home occupation and questioned the need of the standard
when existing language requires accessory structures to be built with residential construction materials.
Members also questioned the fairness and necessity of this standard since residential accessory
structures in general do not require screening and some benign home based businesses (i.e.
accountant’s office) would not create a substantial impact to adjacent properties requiring screening.
The second item of concern highlighted by the BOCC focused on setback standards for accessory
structures utilized in a major home occupation. Board members stated that the increased setbacks for
an accessory structure in a major home occupation may be difficult for residents to meet, which may
limit their opportunity to construct and utilize an accessory structure as part of their home occupation.
In addition, Board members questioned the fairness and necessity of this standard since residential
accessory structures in general are not required to meet increased setbacks beyond the zoning district’s
principal setbacks.
A final item of concern recognized by the BOCC was in regards to the setback standards allowing for a
waiver from screening requirements for an accessory structure utilized in a minor or major home
occupation. Concerns raised by Board members recommended a decrease in these standards since the
proposed setbacks may be too great for some residents to meet and qualify for a waiver from screening
requirements.
During the meeting, individual Board members identified concerns with the standards for being too
limiting and questioned their need and fairness, however, other Board members recognized the need
and importance of the existing and proposed standards due to the expansion of home occupation uses
in residential districts.
159
BOCC Motion
Following review and discussion, the BOCC voted to send the proposed amendment back to the
Planning Board and staff for further review and consideration of their comments concerning setback and
screening requirements for accessory structures utilized in a home occupation. Comments received
from the Board highlighted their concerns with these standards and included recommendations for
possible revisions to the proposed amendment including a complete elimination of existing and
proposed screening requirements for accessory structures utilized in a minor and/or major home
occupation, a reduction of the proposed setback standard to qualify for a waiver from screening
requirements, and a reduction or elimination of the proposed setback standards for accessory structures
utilized in a major home occupation. Other comments received from the BOCC recommended reviewing
setback and screening requirements based on the proposed use to be conducted in the home
occupation. Additionally, the BOCC recommended the Planning Board to review and discuss potential
impacts resulting from the operation of trade uses in a residential district and to create standards
addressing these impacts.
Planning Staff Response
Based on the initial goal of creating a reasonable balance between supporting home based businesses
and protecting the character and enjoyment of residential neighborhoods, planning staff supports the
existing and proposed standards contained within the amendment, as approved by the Planning Board
in January. These standards mitigate negative impacts that may result from the expansion of accessory
structures utilized in a home occupation and the permitting of more intensive uses operating in a
residential district with an approved home occupation permit. The majority of residential districts are
intended for primarily residential uses. Due to the purpose of these districts, it is imperative to provide
standards that assist in protecting the majority, residential uses, from the minority, nonresidential uses
including home based businesses, within residential districts. Historically throughout the nation, home
occupations have been intended to be minor aspects of residential parcel, not full-blown commercial
enterprises situated in residential areas. If adopted, the amendments as proposed in February, would be
among the most lenient home occupations standards planning staff has seen and would permit much
more intensive home occupations than any of the nearby jurisdictions (Chapel Hill, Carrboro, Durham
County, Chatham County).
Planning staff believes the BOCC’s suggested modifications to existing and proposed standards could
result in significant negative impacts to neighboring residential uses. Due to the secondary,
nonresidential use that is being conducted, accessory structures utilized in a home occupation require
necessary standards to mitigate/reduce negative impacts when compared to accessory structures that
are utilized for strictly residential purposes. Reducing or eliminating setback standards or eliminating
screening requirements can increase noise, light, odor, and visual impacts from the accessory structure
to adjacent residential properties and negatively alter the primary and intended use of the residential
zoning district. Eliminating or reducing these standards could create a conflict of uses and disharmony in
a residential zoning district and would not allow for an equal balance between expanding home based
businesses while protecting the character and enjoyment of residential neighborhood.
Planning staff understand that some residential uses can produce noise, traffic, and other impacts,
depending upon the family living in the residence (e.g. children may make noise, dogs may bark,
teenagers may have many friends over at one time, and people may host parties). However, these types
of impacts have historically been considered residential in nature. When a home based business
potentially causes impacts, the impacts are no longer considered “usual and customary” to a residence
160
and mitigation measures are appropriate and called for. It is customary in development regulations to
require mitigation of potential negative impacts, even if providing those mitigation measures requires
an outlay of capital. It is understood by many people that capital costs are normally a part of starting a
business.
Comments received by the BOCC stated concerns with the proposed setback and screening waiver
requirements being too great for property owners to meet and may limit the amount of developable
area on their piece of property to construct an accessory structure. The attachments following this
narrative depict the proposed setback standards for a minor and major home occupation on a variety of
sample real-life parcels in Orange County.
Attachments 1 to 3 demonstrate the setback standards currently in place and proposed for an accessory
structure utilized in a minor home occupation. Additionally, Attachments 4 to 6 depict the 40 foot
setback standard required on tracts approximately one (1) to eight (8) acres in size if a screening waiver
is requested because appropriate screening is not provided onsite. The attachments show the large
portion of the property that is still developable with these setback standards in place.
Attachments 7 and 8 depict the forty (40) foot setback standard proposed for an accessory structure
utilized in a major home occupation on tracts approximately five (5) to eight (8) acres in size. The
attachments illustrate the large portion of the property that is still developable with these setback
standards in place. In addition, Attachments 9 and 10 depict the proposed setback standards required
for accessory on tracts approximately five (5) to eight (8) acres in size if a screening waiver is requested
because appropriate screening is not provided onsite. While the requirements can be limiting depending
on the shape of the parcel, the proposed setback standards are very unlikely to completely restrict the
construction of an accessory structure on site. In any instances where a hardship exists due to the shape
of the parcel or other reason, the variance process is available to property owners to pursue alternative
standards.
A final comment received from the BOCC recommended the need to review setback and screening
standards based on the proposed use to be conducted in the home occupation. While this is a
recommendation the Planning Board can review and discuss, it is important to note that proposed
standards have become more comprehensive providing for greater options for different home based
businesses. The amendment may be lengthened to include standards based on the specific use to be
conducted in the home occupation. However, it is important to consider that similar home based
businesses conducting the same use can have varying impacts depending on size, number of employees,
visitors, client base, and production.
In regards to the BOCC comment regarding potential impacts from the operation of trade uses as a
home occupation, planning staff believes the standards, as currently written, will provide sufficient
protection to neighbors of such uses. However, if the existing and proposed setback and screening
requirements are changed, taking another look at impacts of certain potential home occupations uses
would be warranted.
The amendment provides the means to limit conflict and impacts while providing a sufficient balance
between expanding the opportunity for home based businesses to operate in residential districts and
protecting the residential character of neighborhoods. Without the existing and proposed regulations,
an imbalance may create conflict and disharmony within a residential district. These issues may then
lead to complaints and enforcement issues that cannot be mediated without standards in place to
enforce. Unfortunately, similar to many standards, situations may arise that cannot meet the
161
regulations in place. However, those cases that are not able to meet standards or are exceeding home
occupation regulations may apply for a conditional use permit or variance request or relocate to a
commercial zoning district located in the county.
Benefits
The existing and proposed standards contained within the UDO and text amendment provide for a
number of benefits. As previously stated, the introduction of new uses previously not permitted as
home occupations and the expansion of larger scale home occupations will create the opportunity for
greater impacts to neighborhoods and residential districts than currently experienced in the county.
Maintaining screening requirements and increased setback standards for accessory structures will allow
for potential impacts to be mitigated and reduce negative effects to adjacent property owners from
noise, light, odor, or visual impacts. These standards will help to address conflicts that may arise from
the permitting of an incidental or secondary nonresidential use to operate in an accessory structure in a
district primarily intended for residential purposes. With the County’s role in allowing new uses and
expansion of home base business operations in residential districts, it is necessary to create standards
that will not result in negative impacts, create conflicts, or loss of residential character.
The existing and proposed standards ease regulations to provide for an expansion of home occupations
to support home based businesses in the county, but also provide a safeguard system protecting the
residential character of neighborhoods. In the end, planning staff believes that the existing and
proposed standards successfully create a reasonable balance between supporting home based
businesses and protecting the character and enjoyment of residential neighborhoods.
Summary
The existing language contained within the UDO and the proposed standards relating to accessory
structure setbacks and screening are an essential component to the proposed home occupation text
amendment in order to reduce negative impacts and protect the residential character of neighborhoods.
By revising the existing and proposed standards, the County may create greater impacts to residential
districts and conflicting land uses within a district primarily designed for residential purposes. These
impacts can result in increased conflict of uses and enforcement issues dependent on the effects the
new permitted uses and larger scale home occupations may have on adjacent properties. Proposed
standards are providing greater opportunities for home based businesses by allowing for larger
accessory structures and new uses that were previously not permitted as home occupations such as
plumbing, electrical, and building contracting. In order to facilitate the original goal of balance,
regulations contained within the UDO and the proposed amendment, addressing setbacks and screening
of accessory structures utilized in a home occupation, are necessary to keep these uses in check and
mitigate any negative effects resulting from expanded home occupation operations. As a result,
planning staff supports the need to remain consistent with existing standards contained in the UDO
regarding screening and proposed setback regulations contained in the text amendment recommended
for approval by the Planning Board.
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Orange County Planning and Inspections Department 03/18/2014
LESLIE DR
1 inch = 50 feet
0 500 1,000Feet·Buffer_of_Default_Annotation_Target_18
Parcels
Township Boundary
City Limits
ETJ2010 ImagesRGB
Red: Band_1
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Blue: Band_3
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NC 57
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US 1
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1 acre parcelOff of Leslie Drive150 ft. of road frontage
Minor Home Occupation: with appropriate landscaping providingbuffer per proposed language in Section 5.5.3 (A) (2) (b) (ii).
20 ft. setback can be observed as appropriate buffer available atproperty line to screen accessory building.
110 ft. widthcan be used
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Orange County Planning and Inspections Department
03/18/2014
20 ft setback/buffer
159 ft. wide
envelope to locate
accessory stucture
for home occupation
20 ft setback/buffer
F
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1 inch = 178 feet
0·Buffer_of_Default_Annotation_Target_10
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2010 Images
RGB
Red: Band_1
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Blue: Band_3
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NC 54 W
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US 15 501 S
5 acre parcel
Off of Ferguson Road. Lot is 199 feet in width.
Minor Home Occupation: with approprite landscaping providing
buffer per proposed language in Section 5.5.3 (A) (2) (b) (iii).
20 ft setback can be observed as appropriate buffer available at
property line to screen accessory building
164
Orange County Planning and Inspections Department
03/18/2014
COUNTR
Y
PIN
E LN
1 inch = 123 feet
0·Buffer_of_Default_Annotation_Target_12
Parcels
Township Boundary
City Limits
ETJ
2010 Images
RGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
N C 5 7
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
N C 4 9
US 15 501 S
7.8 acre parcel
Off of Buckhorn Road via a private road.
Minor Home Occupation: with appropriate landscaping providing
buffer per proposed language in Section 5.5.3 (A) (2) (b) (iii).
20 ft. setback can be observed as appropriate buffer available at
property line to screen accessory building.
465 ft. length
can be used
610 ft. length
can be used
165
Orange County Planning and Inspections Department 03/18/2014
LESLIE DR
1 inch = 50 feet
0 500 1,000Feet·Buffer_of_Default_Annotation_Target_20
Parcels
Township Boundary
City Limits
ETJ2010 ImagesRGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
NC 57
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
NC 49
US 1
5
5
0
1
S
1 acre parcelOff of Leslie Drive150 ft. of road frontage
Minor Home Occupation: with out appropriate landscaping providingbuffer per proposed language in Section 5.5.3 (A) (2) (b) (ii).
40 ft. setback has to be observed as appropriate buffer is notavailable at property line to screen accessory building.
70 ft. widthcan be used
166
Orange County Planning and Inspections Department
03/18/2014
40 ft setback
119 ft. wide
envelope to locate
accessory stucture
for home occupation
40 ft setback
F
E
R
G
U
S
O
N
R
D
P E EL E R
C R E E K R D
F A R R A R D R
1 inch = 178 feet
0·Buffer_of_Default_Annotation_Target_11
Parcels
Township Boundary
City Limits
ETJ
2010 Images
RGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
N C 5 7
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
N C 4 9
US 15 501 S
5 acre parcel
Off of Ferguson Road. Lot is 199 feet in width.
Minor Home Occupation: where there is not adequate landscaping
per Section 5.5.3 (A) (2) (b) (iii).
40 ft setback has to be observed as appropriate buffer is not
available at property line to screen accessory building
167
Orange County Planning and Inspections Department
03/18/2014
COUNTR
Y
PIN
E LN
1 inch = 123 feet
0·
Buffer_of_Default_Annotation_Target_13
Parcels
Township Boundary
City Limits
ETJ
2010 Images
RGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
N C 5 7
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
N C 4 9
US 15 501 S
7.8 acre parcel
Off of Buckhorn Road via a private road.
Minor Home Occupation: without appropriate landscaping providing
buffer per proposed language in Section 5.5.3 (A) (2) (b) (iii).
40 ft. setback has to be observed where appropriate buffer
is not available at property line to screen accessory building.
570 ft. width
can be used
425 ft. length
can be used
168
Orange County Planning and Inspections Department
03/18/2014
40 ft setback
119 ft. wide
envelope to locate
accessory stucture
for home occupation
40 ft setback
F
E
R
G
U
S
O
N
R
D
P E EL E R
C R E E K R D
F A R R A R D R
1 inch = 178 feet
0·Buffer_of_Default_Annotation_Target_11
Parcels
Township Boundary
City Limits
ETJ
2010 Images
RGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
N C 5 7
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
N C 4 9
US 15 501 S
5 acre parcel
Off of Ferguson Road. Lot is 199 feet in width.
Major Home Occupation: where there is adequate landscaping
per Section 5.5.3 (A) (2) (c) (iii).
40 ft setback is the minimum setback required with landscaping
169
Orange County Planning and Inspections Department
03/18/2014
COUNTR
Y
PIN
E LN
1 inch = 123 feet
0·Buffer_of_Default_Annotation_Target_14
Parcels
Township Boundary
City Limits
ETJ
2010 Images
RGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
N C 5 7
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
N C 4 9
US 15 501 S
7.8 acre parcel
Off of Buckhorn Road via a private road.
Major Home Occupation: with appropriate landscaping providing
buffer per proposed language in Section 5.5.3 (A) (2) (c) (iii).
40 ft. setback is the minium setback required with landscaping.
570 ft. width
can be used
425 ft. length
can be used
170
Orange County Planning and Inspections Department
03/18/2014
80 ft setback
39 ft. wide
envelope to locate
accessory stucture
for home occupation
80 ft setback
P E E L E R CRE E K R D
F
E
R
G
U
S
O
N
R
D
FA R R A R D R
1 inch = 178 feet
0·Buffer_of_Default_Annotation_Target_17
Parcels
Township Boundary
City Limits
ETJ
2010 Images
RGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
N C 5 7
I 85 S
NC 54 W
N
C
8
6
N
US 70 W
N C 4 9
US 15 501 S
5 acre parcel
Off of Ferguson Road. Lot is 199 feet in width.
Major Home Occupation: where there is not adequate landscaping
per Section 5.5.3 (A) (2) (c) (iii).
80 ft setback has to be observed where appropriate buffer
is not available at property line to screen accessory building.
171
Orange County Planning and Inspections Department
03/18/2014
COUNTR
Y
PIN
E LN
1 inch = 123 feet
0·Buffer_of_Default_Annotation_Target_15
Parcels
Township Boundary
City Limits
ETJ
2010 Images
RGB
Red: Band_1
Green: Band_2
Blue: Band_3
I
4
0
E
I
4
0
W
N C 5 7
I 85 S
N
C
8
6
N
NC 54 W
US 70 W
N C 4 9
US 15 501 S
7.8 acre parcel
Off of Buckhorn Road via a private road.
Major Home Occupation: without appropriate landscaping providing
buffer per proposed language in Section 5.5.3 (A) (2) (c) (iii).
80 ft. setback has to be observed where appropriate buffer
is not available at property line to screen accessory building.
490 ft. width
can be used
345 ft. length
can be used
172
Approved 2/5/14
1
MINUTES 1
ORANGE COUNTY PLANNING BOARD 2
JANUARY 8, 2014 3
REGULAR MEETING 4
5
6
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Maxecine Mitchell, At-Large 7
Bingham Township; James Lea, Cedar Grove Township Representative; Herman Staats, At-Large, Cedar Grove 8
Township; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Tony 9
Blake, Bingham Township Representative; Johnny Randall, At-Large Chapel Hill Township; 10
11
12
MEMBERS ABSENT: Lisa Stuckey, Chapel Hill Township Representative; Andrea Rohrbacher, At-Large Chapel Hill 13
Township; Vacant- Hillsborough Township Representative; Vacant – Eno Township Representative 14
15
16
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz, 17
Special Projects Coordinator; Ashley Moncado, Special Projects Planner; Tina Love, Administrative Assistant II 18
19
****** 20
Agenda Item 8: Unified Development Ordinance (UDO) Text Amendment – Home Occupations: To 21
make a recommendation to the BOCC on Planning Board – and Planning Director – initiated 22
amendments to the Unified Development Ordinance (UDO) to change the existing standards 23
for home occupations, modify and clarify existing regulations and definitions associated with 24
home occupations, and allow for the exemption of special events organized or affiliated with 25
a government or non-profit agency. This item was heard at the December 4, 2013 Planning 26
Board meeting. 27
Presenter: Ashley Moncado, Special Projects Planner 28
29
Ashley Moncado reviewed abstract. 30
31
Paul Guthrie: First the disclaimer that I give every time that we in our household have an interest in small business. 32
I have had a lot of questions with this and I have one particular thing that I want to raise which is not new but I want 33
to raise it again. That is for minor home occupations, no matter whether you have one customer per year or 500, 34
you have to pay $90 to the planning department for the privilege of having a license. I have real problems with that 35
with certain occupations those defined as minor home occupations. I have a little bit of problem with the 36
requirement of a plot plan if it has to be done professionally. I had suggested earlier that it should be sufficient in a 37
residential home to use what is on the GIS system as a sketch of the property and indicate on that whether or not 38
that would be viable. I would hope there could be some accommodation especially for extremely small line of 39
business so that it doesn’t become a big paperwork jungle in order to file. 40
41
Pete Hallenbeck: Well, Mr. Harvey do you have a comment on that? 42
43
Michael Harvey: As I’ve indicated before, a plot plan is a simple drawing that you can use the GIS map system, it’s 44
actually listed that way in the Unified Development Ordinance. It’s not a professionally prepared site plan. The $90 45
dollar fee is a one-time application fee. There are application fees for everything you have to do and this is a one-46
time fee that you have to pay. I don’t believe it is burdensome and I don’t believe it is unnecessary and I believe we 47
are within our right to charge the fee. 48
49
Paul Guthrie: I’m not going to follow with the natural comment other than to say, I believe that to be a burden on 50
people trying to start a small business in a residence and I think as a matter of public policy, given the nature of the 51
changing of the economics in this society, that we ought to be very careful about how we do this. That was one set 52
of comments. My personal opinion, and I think everybody has heard me before on the record, my personal opinion 53
is you will have massive ignoring of this. What will come will be selective enforcement. I’m not comfortable with 54
Excerpt of Minutes 173
Approved 2/5/14
2
selective enforcement. I think when you have enforcement, you enforce those who are not in compliance but the 55
enforcement actions and the litigation etc. that will follow will take precious time from the planning department and 56
the legal hypothesis of the County on this and I question that in the area of minor home occupation. I think with that 57
I’ll let others comment. 58
59
Herman Staats: I have no comments, I thought it was nicely done and it has been discussed here many times so I 60
have no other comments. 61
62
James Lea: No comments at this time. 63
64
Buddy Hartley: I don’t have any problems with the standards set. 65
66
Maxecine Mitchell: I agree with them. 67
68
Tony Blake: I reread it and I don’t have any issues with it. I think it is well put together. 69
70
Johnny Randall: I read it and I couldn’t find anything of concern. However, what Paul just brought up, so in terms of 71
people not conforming to these regulations, how is it going to be enforced? Is it going to just create contempt for 72
the law for people who don’t think they can be caught? 73
74
Pete Hallenbeck: Let me throw my two cents in on that and then see what Michael says. I think what you said is 75
very true. You have all these ordinances and there are always people who are going to fly under the radar and do 76
what they want but I think part of the goal here is that if somebody is doing that and it is bothering their neighbors 77
there is a recourse. I don’t know how you get people to follow the rules, it is very difficult, but I do like the fact that 78
at least they are there. It is very difficult to call out a neighbor, it’s a catch 22, we all want to be able to do what we 79
can but we like to be able to stop someone else if it is bothersome to us. 80
81
Pete Hallenbeck: Michael, does that pretty much jive with what...... 82
83
Michael Harvey: I’m not going to add anything. Thank you though. 84
85
Pete Hallenbeck: I have two things, one is a question about 5.4.3 special events where it talks about arts and 86
cultural special events in particular it calls out the Orange County Open Studio Tour. The other thing that I am 87
familiar with is the farm tour. 88
89
Ashley Moncado: That is exempt, that would be considered part of a bona fide farm and considered agricultural 90
and covered under a different set of rules. 91
92
Tony Blake: But that just an example. 93
94
Ashley Moncado: Yes, it is being used as an example. That was specifically called out as an example but also to 95
highlight it as well. 96
97
Pete Hallenbeck: That’s fine but by throwing it in there seemed odd to have an ordinance call out a specific event 98
instead of making it in general so I wanted to make sure it was an example. 99
100
Ashley Moncado: We could add “for example”. 101
102
Paul Guthrie: That’s about a 100, anywhere from 90 to 120 artists, who once a year open up their studios in their 103
residences by in large for the tour over two days for two weeks. Every one of those artists will have to pay $90. 104
105
Pete Hallenbeck: So does this get back to your $90 concern then? 106
107
Paul Guthrie: That’s one of them but it’s much more delicate than that. 108
174
Approved 2/5/14
3
109
Pete Hallenbeck: My second comment on this is on the minor home occupation, the 750 sq. ft. limit is interesting, it 110
takes me out of the game for the sq. footage I have in my house. It takes room to have a machine shop and test 111
benches and rooms for parts and electronics and I don’t think how much of your home yo u use is something that 112
impacts your neighbors. However, I’ll also point out that as an ordinance it is pretty nice because if that really 113
bothered me I could apply for a major home occupation and there is a mechanism to do that. That brings me to my 114
last comments and I can’t remember an ordinance that had so many lines in the sand that were being discussed. 115
We talked about sq. footage, number of trips, setbacks, what activity you can do, number of visits, size of vehicles, 116
and it is quite extraordinary for this Board to deliberate something that has so many different thresholds and lines in 117
the sand. I think it makes it a very difficult thing to discuss. Those are all my comments. Doesn’t anybody have 118
anything thing else to add? 119
120
121
MOTION by Tony Blake to recommend to the County Commissioners to accept this recommendation with comments. 122
Seconded by James Lea. 123
VOTE: PASSED 7-1 (Guthrie opposed) 124
125
Paul Guthrie: I believe that with this ordinance we are moving into an area that we are not prepared to deal with and 126
I think that while the intention is good, if you read the language carefully, especially when you start picking up the 127
UDO and reading the references, that it exposes the County to some great difficulty, that’s point one. Point two, due 128
to the current economic situation, the more and more independent, small businesses erupting whether they start in 129
the garage in California and become a billion dollar corporation or whether they start in a garage in Orange County 130
and become a fifty thousand dollar organization, this can and may, if not administered in a very careful way, be an 131
inhibition to economic development and to small business. I would much prefer to see the County develop a small 132
business license system using some of these definitions than to smuggle it through under a regulation of the use of 133
an individual residential property. With my own experience, two different enterprises in our family, one which falls 134
under this and one which does not, I would vote no. 135
136
******137
____________________________________
Pete Hallenbeck, Chair
175
1
1
APPROVED 3/18/2014 2
MINUTES 3
BOARD OF COMMISSIONERS 4
REGULAR MEETING 5
FEBRUARY 18, 2014 6
7:00 p.m. 7
8
The Orange County Board of Commissioners met in regular session on 9
Tuesday, February 18, 2014 at 7:00 p.m. at the Southern Human Services Center, in 10
Chapel Hill, N.C. 11
12
COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark 13
Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny 14
Rich 15
COUNTY COMMISSIONERS ABSENT: 16
COUNTY ATTORNEYS PRESENT: John Roberts 17
COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant 18
County Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker 19
(All other staff members will be identified appropriately below) 20
21
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE 22
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 23
24
5. Public Hearings 25
26
a. Unified Development Ordinance Text Amendment Related to Home 27
Occupations – Public Hearing Closure and Action (No Additional 28
Comments 29
Accepted) 30
The Board received the Planning Board recommendation, considered closing 31
the public hearing, and considered a decision on a Planning Board and Planning 32
Director initiated text amendment to the Unified Development Ordinance (UDO). 33
Ashley Moncado said the purpose is to receive the Planning Board’s 34
recommendation. She said this was heard in November, and all comments were 35
addressed with modification (noted with green text). She said these text amendments 36
would not take effect until May 1st of 2014, to provide an opportunity for planning staff 37
outreach to Orange County residents regarding the reviewing and permitting of home 38
occupations based on the revised standards. 39
Commissioner Price referred to the phrase about “suitable residential 40
construction materials.” She asked if it is reasonable to put this in, considering what the 41
state has said about local municipalities and counties being able to regulate 42
appearances. 43
Ashley Moncado said there are no official standard changes based on official 44
statute. She said this is just discussion at this time, but it is on their radar and would 45
need to be addressed if those changes take place at the state level. 46
Excerpt of Minutes
176
2
Chair Jacobs asked if it could be assumed that existing structures would be 1
treated differently than new structures. 2
Ashley Moncado said those would be grandfathered in. 3
Chair Jacobs said there had been discussion of defining non-profits as 501-c-3. 4
He asked if this was included. 5
Ashley Moncado said this was revised and it is included on page 18. She said 6
this was not highlighted in green, but it has been included in the amendments. 7
Michael Harvey addressed Chair Jacobs earlier question. He said the non-8
conforming section of the UDO says that any land use legally permitted, made non-9
conforming by text amendment, can continue in its approved state until such time as its 10
use is expanded. He said if the home occupation is expanded above a certain 11
percentage, the occupant will then have to be in compliance with the code. 12
Commissioner Gordon referred to past discussions of the uses not permitted. 13
She noted that these uses are no longer prohibited. She asked for the original reason 14
for exclusion and the balancing provisions that then made them acceptable. 15
Ashley Moncado that these were always in the UDO as uses not permitted and 16
this was not a topic until the eleventh hour. She said there was then discussion to allow 17
these uses; and the planning board was willing to allow them, but there were limits put 18
in place to prevent them from being an intrusion to neighbors. 19
Commissioner Gordon asked how these changes are different for major home 20
occupations versus minor home occupations. 21
Ashley Moncado said this means less employees, less clients, smaller 22
accessory structures, lower traffic counts and less dwelling use for the minor home 23
occupations. She said the major home occupations would allow for more in each of 24
these areas. 25
Commissioner Gordon asked about the differences in outside storage 26
structures. 27
Ashley Moncado said this has remained the same, at 500 square feet for major 28
and minor. She said the traffic counts are not to exceed 20 for minor home occupations 29
and 50 for major home occupations. 30
Commissioner Gordon asked about delivery trucks. 31
Ashley Moncado said these are not counted, and there is no limit. 32
Commissioner Price asked for the rationale of 80 feet as a setback amount. 33
She asked if it was possible to go down to 60 feet. 34
Ashley Moncado said 80 feet was the minimum setback for those zoning 35
districts. She said the least amount would be 40 feet and the concern was doubling this 36
to keep that protective buffer. 37
Commissioner Price said she is concerned that this is making life more difficult 38
for those wanting to start a home business. 39
Ashley Moncado said 40 feet is the setback for the accessory structure, but the 40
80 feet is the setback to be exempt from screening requirements. 41
Commissioner Price asked if this requirement can be lessened. 42
Ashley Moncado said there is always the option for a variance if a hardship can 43
be identified. 44
177
3
Commissioner Price said she was wondering if it could be lessened in the UDO, 1
before the need for a variance. 2
Ashley Moncado said this could be done. 3
Commissioner Pelissier said she does not understand why vegetation is 4
required around accessory structures when the accessory structure is already required 5
to be built of materials similar to a residence. She said this seems to mean that it must 6
be shielded just because it is used as a business, even if it looks like a house. 7
Ashley Moncado said this was meant to reduce the visual impact of introducing 8
a secondary usage on to a piece of property. She said this may also reduce noise 9
impacts. 10
Commissioner Rich noted that the planning board passed the recommendation 11
7-1. She asked if the person who voted against it had a strong objection to anything in 12
particular. 13
Ashley Moncado said this person had concerns regarding the application fee, 14
enforcement, and the standards limiting economic development in Orange County. 15
Commissioner Gordon said there is a balance between allowing expansion in 16
home occupations and maintaining the existing residential character of the area. She 17
said some businesses could create noises and other impacts, and the required 18
setbacks are not that large. She said the balance is between allowing some non-19
residential use without disturbing the people already there. She said she is concerned 20
about the noise and other impacts of some of the construction businesses. 21
Commissioner McKee said he agreed with Commissioner Gordon because it is 22
a balancing act. He noted that the 40 foot setback is the size of the current meeting 23
room. He said the goal is to improve the availability of the activity without throwing out 24
all the rules. 25
Commissioner Price said if you consider some of the benign businesses that are 26
located in offices made of the same material as your house, she does not understand 27
why the expense of a fence or shield plants is necessary. She is thinking of the 28
residents in clustered areas or cul-de-sacs that don’t allow a lot of room. She said 29
many of the businesses will make less noise than the kids in the neighborhood. She 30
feels a lot of hardship is being put on these businesses by requiring the screens. 31
32
A motion was made by Commissioner Price, seconded by Commissioner McKee 33
to close the public hearing. 34
35
VOTE: UNANIMOUS 36
37
Commissioner Dorosin said the more traditional zoning distinguishes between 38
types of uses. He suggested that this ordinance might also have more specifically 39
tailored home occupations and would account for variances in impact, such as less 40
noise, or less light. He said the home occupation could be matched with the 41
requirements. 42
Commissioner Rich agreed with this. She said it is important to know what a 43
business is before applying standards like sheltering. 44
Perdita Holtz said the Planning Department is trying to make the standards fit for 45
all different types of home occupation uses. She said historically, zoning ordinances in 46
178
4
municipalities just lump home occupations into one category. She said Orange County 1
is actually being very progressive by having the major and minor distinctions, and these 2
standards are being liberalized by these proposed amendments. She said it is possible 3
to look at different things and come back, but this will be a trade off. 4
Michael Talbert said since there are a lot of comments on this by the Board, it 5
may be best to send this back to the planning board with the Board of County 6
Commissioners’ comments. 7
8
A motion was made by Commissioner Gordon, seconded by Commissioner 9
Price to refer this back to the planning board to review BOCC comments. 10
11
Commissioner Dorosin said it is important, when these home occupations are a 12
source of neighborhood controversy, it is to the County’s advantage to make the 13
process very clear. 14
Commissioner Gordon said she would like for the planning board to think about 15
adding standards for traffic impacts. She said the building trades have the potential to 16
have large impacts, and she would like for this to be addressed. 17
18
VOTE: UNANIMOUS 19
20
179
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 2, 2014
Action Agenda
Item No. 10
SUBJECT: Orange County – Chapel Hill – Carrboro Joint Planning Land Use Plan and
Agreement
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Perdita Holtz, 919-245-2578
Craig Benedict, 919-245-2592
PURPOSE: To receive a presentation about the Orange County – Chapel Hill – Carrboro Joint
Planning Land Use Plan and Agreement (often referred to as “the JPA”). It is expected that
there will be items on the May Planning Board agenda regarding this plan so staff thought a
briefing on the plan would be appropriate since it has been several years since the Planning
Board has acted on any JPA matters.
BACKGROUND: In the mid-1980s Orange County and the Towns of Chapel Hill and Carrboro
adopted a Joint Planning Land Use Plan and accompanying Agreement that provided land use
planning for the area of the county commonly referred to as the Rural Buffer. Other geographic
areas, such as Transition Areas, are also covered in the plan. The full plan, agreement, and
most-referenced maps are available at: http://orangecountync.gov/planning/Documents.asp.
Staff’s presentation will provide the Planning Board with more in-depth information about the
geographic areas, the requirements of the plan and agreement, and the amendment process.
FINANCIAL IMPACT: There is no financial impact in receiving a presentation.
RECOMMENDATION: The Planning Director recommends the Planning Board hear the staff
presentation on the plan.
180
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 2, 2014
Action Agenda
Item No. 11
SUBJECT: Joint Planning Land Use Plan and Agreement Amendments – Revisions to
Existing Language Ensuring Agricultural Activities are Allowed Throughout the Rural Buffer
as well as Density and Minimum Lot Size Clarification(s)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENTS: INFORMATION CONTACT:
Pages of Joint Planning Land Use Plan and
Agreement Proposed for Amendment
(includes Agreement in its entirety for
reference)
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To receive an update and briefing from staff on proposed amendments to the Joint
Planning Land Use Plan (hereafter ‘the Plan’) and Joint Planning Agreement (hereafter ‘JPA’).
This item is scheduled for the March 27, 2014 Joint Planning Public Hearing and it is expected
to be on the May Planning Board agenda for a recommendation. Staff thought it would be
helpful to provide a briefing at the April Planning Board meeting to familiarize Planning Board
members with the proposed amendment.
BACKGROUND: In October 1986 Orange County and the Towns of Chapel Hill and Carrboro
adopted the Plan outlining acceptable levels of development within what became the County’s
Rural Buffer land use classification. In 1987 the participating entities adopted the JPA
establishing parameters for the review and approval of development projects within the area.
The Plan can be viewed utilizing the following link:
http://orangecountync.gov/planning/documents/JPALUPDocument.pdf. A copy of the JPA is
contained within the Plan in Appendix A, beginning on page 92. The Plan Land Use Map can
be viewed at: http://orangecountync.gov/planning/documents/JPALandUsePlanMap.pdf.
Abstract packages from the March 27, 2014 Joint Planning Public Hearing can be viewed at:
http://orangecountync.gov/occlerks/140327JPH.pdf.
As previously indicated at the April 2, 2014 Planning Board meeting staff will review the
parameters and history of the Plan and JPA and discuss the proposed amendments. The Board
will not be asked to take any action on the proposed amendments until the May 7, 2014 regular
meeting.
RECOMMENDATION: The Planning Director recommends the Board receive staff’s
presentation.
181
Old
Landfill
Greene Tract:
Housing/Recreation/
Open Space/County Use
Landfill
Neville Tract:
Non-landfill
County Use
Orange County - Chapel Hill - CarrboroJOINT PLANNING AREA - LAND USE PLAN
Old
Landfill
Greene Tract:
Housing/Recreation/
Open Space/County Use
Landfill
Neville Tract:
Non-landfill
County Use
ChapelHill
Carrboro
Print Date: 3/25/04
Orange CountyPlanning DepartmentInformation Services Division Map DisclaimerThis map was produced using the GIS resources ofthe Orange County Planning Department to provide support for countywide planning. This map iincludes information from multiple sources. Source information used for this map may have been collected at different scales, times or definitions, resulting in inconsistencies among features represented together on this map. Therefore, it should be used as an approximate illustration not to supercede actual data. Refer to the appropriate authorities, official maps and ordinances for complete accuracy.The GIS Division of the Orange County Planning Department assumes no liability for damages caused by inaccuracies in this map or supporting data. The Orange County Planning Department makes no warranty, expressed or implied, as to the accuracy of the information presented, nor does the fact of distribution constitute such a warranty.
Orange County Planning and Inspections DepartmentPrinted February, 2014
.
012345Miles Rural Residential
Municipal Jurisdiction
University Lake Critical Area
Planning Jurisdiction
Chapel Hill TransitionTransition Area 1, CarrboroTransition Area 2, Carrboro
Public/Private Open SpaceResource ProtectionUniversity Lake WatershedParcels
Future UNC Development
Retail TradeMixed Use, Office Emphasis
Disposal UseExtractive Use
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1
September 22, 1987
Amended April 2, 1990
Amended September 30, 1998
Amended February 2, 1999
Amended August 20, 2002
Amended June 24, 2003
JOINT PLANNING AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of November, 1987, by and between the
COUNTY OF ORANGE, a political subdivision of the State of North Carolina, the TOWN OF
CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and
existing under the laws of North Carolina.
WITNESSETH:
In consideration of the public benefits expected to flow from the cooperative efforts of the parties
in establishing a coordinated and comprehensive system of planning within their respective areas
of public concern, the parties to this Agreement hereby mutually agree as follows:
ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE, LINKAGE
Section 1.1 Purpose of the Agreement
The purpose of this Agreement is to establish a method of coordinated and comprehensive
planning in the Orange County-Chapel Hill-Carrboro Joint Planning Area, as defined
herein.
Section 1.2 Definitions
A. Joint Planning Area. The area within the Rural Buffer and Transition Areas designated
on the Joint Planning Area Land Use Map lying outside the extraterritorial planning
jurisdiction of Chapel Hill and Carrboro.
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B. Joint Planning Area Land Use Plan. The Orange County-Chapel Hill-Carrboro Joint
Planning Land Use Plan dated April, 1986, adopted by Orange County August 19,
1986 (revised October 13, 1986), amended May 4, 1987 and as it may be amended
from time to time.
C. Joint Planning Area Land Use Map. The Orange County-Chapel Hill-Carrboro Joint
Planning Area Land Use Map, adopted August 19, 1986 (revised October 13, 1986)
and as it may be amended from time to time.
D. Carrboro Joint Development Review Area (CJDA). The area lying generally west of a
division of the Joint Planning Area and shown as such on the copy of the Joint
Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and
incorporated herein by reference. Exhibit A is appended to this Agreement solely for
the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an
accurate copy of the Joint Planning Area Land Use Map as of the effective date of this
agreement. However, it will only be changed as the Joint Planning Area Land Use
Map is amended if the Map amendments change the location of either the CJDA or the
CHJDA.
E. Chapel Hill Joint Development Review Area (CHJDA). The area lying generally east
of a division of the Joint Planning Area and shown as such on the copy of the Joint
Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and
incorporated herein by reference. Exhibit A is appended to this Agreement solely for
the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an
accurate copy of the Joint Planning Area Land Use Map as of the effective date of this
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agreement. However, it will only be changed as the Joint Planning Area Land Use
Map is amended if the Map amendments change the location of either the CJDA or the
CHJDA.
F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on
the east by I-40 and shown as such on Exhibit A.
G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning
Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan
as Rural Residential and Agricultural, Agricultural 1, Public/Private Open Space,
Resource Conservation, Extractive/Disposal Use and the overlay district designated
University Lake Watershed Area. This area is further defined as being a low-density
area consisting of single-family homes situated on large lots having a minimum size of
two (2) acres, unless the cluster subdivision option is used and density limits are
maintained.2 The Rural Buffer is further defined as land which, although adjacent to
an Urban or Transition area, is rural in character and which will remain rural, contain
low-density residential uses and agricultural uses and not require urban services
(public utilities and other town services).
H. Transition Area. That portion of the Joint Planning Area designated on the Joint
Planning Area Land Use Map as such. This area is further defined as being in
transition from rural to urban or already urban in density. Urban services (public
utilities and other town services) are now provided to this area or are projected to be
provided to this area. The portion of the Transition Area located in the CJDA shall be
1 We are combining the existing ‘Agricultural’ land use category with the ‘Rural Residential’ category as part of
amendments to the Plan The agreement is beiong updated accordingly.
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further divided into Transition Area I and Transition Area II on the Joint Planning Area
Land Use Map. The Joint Planning Area Land Use Plan shall provide that, within
Transition Area II, no tract may, after the effective date of this Agreement, be
approved for development at a density that exceeds one (1) housing unit per gross acre
until at least 75% of the gross land area of Transition Area I consists of any
combination of:
1. lots containing one acre or less;
2. residential developments approved for development at a density of at least one unit
per acre;
3. streets, roads and utility easements located outside of lots containing one acre or
less;
4. lots or tracts that are used for commercial, industrial, institutional or governmental
purposes;
5. tracts that are owned by the University of North Carolina or other non-profit
entities and that are not available for development.
This density limitation does not apply to Village Mixed Use districts or
Office/Assembly districts as provided for in the Facilitated Small Area Plan for
Carrboro’s Northern Study Area.
I. Development Permit. Major subdivision preliminary plat approval and any
discretionary permit (whether called conditional or special use permit or some other
term) issued by the Orange County Board of Commissioners, the Chapel Hill Town
Council, or the Carrboro Board of Aldermen.
2 Incorporating modifications within the Plan into the Agreement
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5
J. Involuntary Annexation. Annexation authorized or undertaken pursuant to G.S.
16OA-31, Article 4A, Part 3.
K. Voluntary Annexation. Annexation authorized or undertaken pursuant to G.S. Chapter
16OA-31 or G.S. Chapter 160A, Article 4A, Part 4.
Section 1.3 Effective Date and Duration
A. This Agreement, except as provided below, shall become effective on the effective
date of an Orange County ordinance (1) adopting this Agreement (after it has been
approved by Chapel Hill and Carrboro); (2) amending Orange County's Zoning
Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in
Section 2.1 of this Agreement; (3) amending the Joint Planning Area Land Use Plan to
reflect the existence of Transition Area I and Transition Area II; and (4) amending the
Joint Planning Area Land Use Map to show the location of Transition Area I and
Transition Area II as indicated on Exhibit A. Any previously adopted Agreements
shall become null and void upon this date. The Appendix to this Agreement shall
become effective upon the execution of this Agreement.
B. This Agreement, including any Appendix hereto, shall remain in effect until terminated
by mutual agreement or by withdrawal of any party. Subject to termination provisions
of this Agreement, annexation provisions of this Agreement shall be valid for not more
than 20 years and may thereafter be renewed. A party may not withdraw until it holds
a public hearing on the proposed withdrawal followed by written notices to the other
parties within thirty (30) days of the public hearing. The withdrawal shall be effective
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6
one (1) year following receipt by the other party of the written notice. Withdrawal of
one party shall not invalidate the Agreement with respect to remaining parties.
C. Upon execution of this Agreement, the parties agree that each will take, in a timely
manner and without unnecessary delay, all steps (including but not limited to
preparation and adoption of Zoning maps, appointment of Transition Area
representatives to Planning Boards and Boards of Adjustment, and all required land
use ordinance amendments) required to cause this Agreement to become effective, and
will notify the other parties when those steps have been taken. Orange County will
notify the Towns by resolution when this Agreement becomes effective. This
Agreement may become effective as to two parties pending completion of steps
necessary to make effective a 3-party Agreement.
Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary
Agreement
The Water and Sewer Management, Planning and Boundary Agreement (hereinafter
WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA
is Exhibit B to this agreement. Termination of the WSMPBA does not terminate this
agreement. The withdrawal by a party from the WSMPBA does not constitute
withdrawal from this agreement. Termination of this agreement or withdrawal from
this agreement can only be accomplished as provided in this agreement.
ARTICLE 2. ADOPTION, ADMINISTRATION AND
AMENDMENT OF STANDARDS
Section 2.1 Standards Within the Transition Area
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A. Chapel Hill shall prepare a Zoning Map for that portion of the Transition area that lies
within the CHJDA and shall recommend its adoption by Orange County which, upon
approval and adoption as prescribed in Subsection C of this Section, shall become part
of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using
zoning districts which correspond to the text of the Chapel Hill Land Development
Ordinance and which correspond with the density designations and plan classifications
as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint
Planning Area Land Use Map for the CHJDA.
B. Carrboro shall prepare a Zoning Map for that portion of the Transition area that lies
within the CJDA and shall recommend its adoption by Orange County, which upon
approval and adoption as prescribed in Subsection C of this Section, shall become part
of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using
zoning districts which correspond with the density designations and plan
classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the
adopted Joint Planning Area Land Use Map for the CJDA. Transition Area II shall
have density limited pursuant to Section 1.2H.
C. Upon completion of the Zoning Maps referred to in Section 2.lA and B above, Orange
County shall amend its Zoning Atlas in accordance with said Maps. Orange County
shall also adopt by reference (i) the Chapel Hill Land Development Ordinance and
make its provisions applicable to that portion of the Transition area located within the
CHJDA, and (ii) the Carrboro Land Use Ordinance and makes its provisions
applicable to that portion of the Transition area located within the CJDA.
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Section 2.2 Standards Within the Rural Buffer
Within the Rural Buffer, the Orange County Zoning Ordinance (including Zoning Atlas)
and Subdivision Regulations that are in effect on the effective date of this Agreement shall
remain in effect unless amended in accordance with Section 2.6 of this Agreement.
Section 2.3 Permit Administration Within the Transition Area
A. Except as otherwise provided in Sections 2.5 and 2.6, the Town of Chapel Hill and the
Town of Carrboro, respectively, shall perform all functions related to the administration of
the ordinances referenced in Section 2.1C. Subject to the remainder of this Section,
Chapel Hill and Carrboro shall administer the referenced ordinances just as if the land
were located within the respective Towns' planning jurisdictions. Administration shall
include, but not be limited to, the following:
1. Receipt and processing of applications;
2. Issuance of any required permits and certifications;
3. Review and approval of required site/construction plans;
4. Conducting necessary site/building inspections;
5. Enforcement of all standards;
6. Any other acts or things necessary to administer the Ordinances;
and shall be carried out in a manner so as to insure that a developer complies with all
applicable ordinance requirements and the terms and conditions of any permit issued by
the respective towns. The towns may also charge fees for processing applications,
conducting site/construction plan reviews, and carrying out site/building inspections in
accordance with fee schedules applicable within their respective planning jurisdictions.
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B. Whenever Chapel Hill or Carrboro receives an application for a development permit as
defined in this Agreement relating to land within their respective portions of the Transition
area, it shall forward copies of the application to Orange County for review. The towns
shall establish timetables to insure that Orange County has an opportunity to make
recommendations regarding such applications within the framework of the County's
regularly scheduled meeting dates. To the extent possible, the timetables of the County
and the towns shall provide for simultaneous review to expedite application processing;
provided, however, the towns may not vote to issue or deny a permit until they have
received the recommendations of Orange County or until the expiration of forty-five (45)
days after orange County has received the application, whichever comes first.
C. From time to time a development moratorium is appropriate in order to address exigent
circumstances or the results of a study of density designations, plan classifications or other
matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning
Area Land Use Map or any of the land use ordinances of the Town of Chapel Hill or the
Town of Carrboro. To preserve the status quo pending the consideration of a land use
ordinance amendment designed to address exigent circumstances or the results of a study,
the Town of Carrboro or the Town of Chapel Hill may propose the adoption of a
development moratorium pending consideration of the ordinance amendment. With
respect to the CJDA, any proposed moratorium shall not be effective until adopted by the
Town of Carrboro and approved by Orange County following a public hearing conducted
by the Town of Carrboro. With respect to the CHJDA, any proposed moratorium shall not
be effective until adopted by the Town of Chapel Hill and approved by Orange County
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10
following a public hearing conducted by the Town of Chapel Hill. Any such adopted and
approved moratorium shall initially be no more than six months in duration and may be
extended one time for no more than six months for the reasons and following the
procedures prescribed here.
Section 2.4 Permit Administration in the Rural Buffer
A. Except as otherwise provided in Section 2.6 and the remaining provisions of this Section,
Orange County shall perform all functions related to the administration of the ordinances
referenced in Section 2 .2 in the same manner as if the land were located outside the Joint
Planning Area.
B. Whenever Orange County receives an application for a development permit relating to
land located within the CHJDA Rural Buffer or the Joint Courtesy Review Area, it shall
forward copies of the application to Chapel Hill for review. Similarly, whenever Orange
County receives an application for a development permit relating to land located within the
CJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the
application to Carrboro for review. The County shall establish timetables to insure that the
towns have an opportunity to make recommendations regarding such applications within
the framework of their respective regularly scheduled meeting dates. To the extent
possible, the timetables of the respective towns and the County shall provide for
simultaneous review to expedite application processing; provided, however, Orange
County may not vote to issue or deny a permit until it has received the recommendations
of the respective Towns or until the expiration of forty-five (45) days after the respective
towns have received the application, whichever occurs first.
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C. From time to time a development moratorium is appropriate in order to address exigent
circumstances or the results of a study of density designations, plan classifications or other
matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning
Area Land Use Map or any of the land use ordinances of Orange County. To preserve the
status quo pending the consideration of a land use ordinance amendment designed to
address exigent circumstances or the results of a study, Orange County may propose the
adoption of a development moratorium pending consideration of the ordinance
amendment. Any proposed moratorium shall not be effective until adopted by Orange
County following a public hearing conducted by Orange County. Any such adopted
moratorium shall initially be no more than six months in duration and may be extended
one time for no more than six months for the reasons and following the procedures
prescribed here.
Section 2.5 Enforcement Remedies.
A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the same
individual or board authorized to issue the original permit.
B. Within those portions of the Joint Planning Area where the ordinances specified in Section
2.lC are administered by the respective towns, enforcement efforts through the use of civil
penalties, criminal penalties or injunctive relief shall be initiated by the respective towns.
The towns shall have the duty to defend at their own expense and shall indemnify and hold
harmless, to the extent they can legally do so, Orange County, its Board of
Commissioners, its advisory boards, its staff and all members of its boards and staffs, in
their official and individual capacities, from any and all claims, actions, proceedings,
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expenses, damages or liabilities, including attorneys' fees and courts costs, resulting from
the towns' administration of the ordinances specified in Sections 2.1(C).
C. Orange County shall notify the respective towns and the towns shall notify Orange County
as soon as practicable thereafter of any such claim, action or proceeding.
Section 2.6 Text and Map Amendments
A. Proposed amendments to the Joint Planning Area Land Use Plan and/or the Joint Planning
Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other
party by filing a request for such an amendment with Orange County. Any petition or
request to amend the Joint Planning Area Land Use Plan received by the County shall be
referred to the respective Towns. No such amendment may become effective until after it
has been adopted by Orange County, Chapel Hill and Carrboro following a joint public
hearing by all three governing bodies.
B. Except as provided herein, proposed amendments to the text of the Orange County Zoning
and Subdivision Ordinances that are applicable within the Rural Buffer as well as
proposed changes in zoning district classifications (i.e., zoning map changes) that affect
property within the Rural Buffer shall be initiated and adopted in accordance with the
procedures set forth in those County ordinances. All such proposals that affect the
CHJDA shall be referred to Chapel Hill for review and recommendation, and all such
proposed amendments that affect the CJDA shall be referred to Carrboro for review and
recommendation. Orange County may not adopt such proposed amendments until the
respective Towns have made their recommendations, or until the expiration of thirty (30)
days following such referral, whichever occurs first.
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C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance,
and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the
respective towns shall deliver a copy of the full text of the proposed amendment to Orange
County not later than thirty (30) days before the date of the public hearing on any such
amendment. However, with the written consent of the Orange County Manager or his
designate, this thirty (30) day period may be reduced to not less than ten (10) days. Unless
Orange County files with the respective towns a written objection on or before the date of
the public hearing on the proposed ordinance amendment, then adoption of the amendment
by the respective town shall automatically effect a corresponding amendment to the
applicable ordinance adopted by reference by Orange County as provided in Section 2.1C.
Any such objection shall be based on a determination by Orange County that the proposed
amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town
adopts an amendment despite Orange County's objection, then it shall refer such
amendment to Orange County with a request that the County make corresponding changes
as expeditiously as reasonably possible so that the town may continue to enforce within its
portion of the Transition area the same standards that it enforces within its own planning
jurisdiction. In the event of objection by Orange County as provided herein, no such
amendment shall be effective within the Joint Planning Area until it is adopted by Orange
County.
D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances
applicable to the Transition areas (i.e., those ordinances adopted by reference pursuant to
Section 2.lC). Amendments to the ordinances referenced in Section 2.lC by Orange
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County may be accomplished only pursuant to subsection C above (including adoption by
Orange County following a request to do so by the applicable town). Any petitions or
request to amend these ordinances received by the County or initiated by the County shall
be referred to the respective Towns.
E. With respect to property that is located within the CHJDA Transition area, changes in
zoning classifications may not be made unless and until an ordinance approving such
zoning map amendment has been approved both by Orange County and Chapel Hill
following a joint public hearing by the two governing bodies. With respect to property
that is located within the CJDA Transition area, changes in zoning classifications,
including the creation of or changes to the ‘floating’ conditional use districts designed to
implement the recommendations of the ‘Facilitated Small Area Plan for Carrboro’s
Northern Study Area’ (Village Mixed Use conditional use districts or Office/Assembly
conditional use districts) may not be made unless and until an ordinance approving such
zoning map amendment has been approved both by Orange County and Carrboro
following a joint public hearing by the two governing bodies. Requests for rezonings
within the Transition areas that are filed with the County shall be referred to the respective
towns to initiate the amendment process.
F. Proposed amendments to the text of this Agreement shall not become effective until
approved by the towns and an Orange County ordinance adopting the amendment is
adopted by Orange County.
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Section 2.7 Representation of Transition Area Residents
Chapel Hill shall revise its Land Development Ordinance and Carrboro shall revise its Land
Use Ordinance to provide that at least one resident of each town's respective Transition area
shall be appointed to each town's respective planning board and board of adjustment, in the
same manner as representation of extraterritorial planning area residents is provided for in
each Town's ordinance.
ARTICLE 3. LIMITATIONS ON ANNEXATIONS
Section 3.1 No Annexation Into Rural Buffer
Except pursuant to the written consent of all parties to this Agreement, neither Chapel Hill
nor Carrboro may annex into the Rural Buffer (whether by voluntary or involuntary
annexation or any other method authorized by law) nor shall any party seek special legislation
accomplishing such annexation.
Section 3.2 No Annexation by One Town Into Another Town's Transition Area
Except pursuant to the written consent of the other town, neither Chapel Hill nor Carrboro
may annex into the other's Transition area (whether voluntary or involuntary annexation) or
any other method authorized by law, nor shall either Town seek special legislation
accomplishing such annexation.
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198
PAGE 57 – JPA LAND USE PLAN
* ORANGE COUNTY LAND USE PLAN CATEGORIES
*Amended
2/3/92 (effective 2/24/92)
Basic Category Land Use Plan Category
DEVELOPED Urban
Existing Urban Activity Node
Proposed Activity Node
TRANSITION Ten-Year Transition
Twenty-Year Transition
Commercial Transition Activity Node
Commercial-Industrial Transition Activity Node
COMMUNITY Rural Community Activity Node
RURAL Rural Buffer
Rural Residential
Agricultural-Residential
Rural Neighborhood Activity Node
Rural Industrial Activity Node
CONSERVATION Public Interest District
Water Supply Watershed
Water Quality Critical Area
New Hope Creek Corridor Open Space
*****************************************************************************************************************
*JOINT PLANNING AREA LAND USE PLAN CATEGORIES
*Amended
4/2/90
2/3/92 (effective 2/24/92)
Major Class Subclass Land Use Plan Category
TRANSITION Transition Resource Protection
Transition I Public-Private Open Space
Transition II New Hope Creek Corridor Open Space
Suburban Residential
Urban Residential
Office-Industrial
Future UNC Development
Retail Trade
Light Industrial
Disposal Use
RURAL Rural Buffer University Lake Watershed
CONSERVATION Resource Protection
Public-Private Open Space
New Hope Creek Corridor Open Space
Agricultural
Rural Residential and Agricultural 1
1 Staff is recommending combining the terms together and creating a new land use category.
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Retail Trade
Extractive Use
PAGE 57-a – JPA LAND USE PLAN
200
PAGE 60 – JPA LAND USE PLAN
*Suburban Residential Areas are designated for housing densities ranging from one (1) to five (5)
dwelling units per acre. Such areas are located where land is changing from rural to urban, suitable for urban
densities, and to be provided with public utilities and services. Housing types range from single-family to
duplexes to multi-family dwellings.
*However, densities may be lower than one dwelling unit per acre in Suburban Residential Areas.
Chapel Hill as part of its Southern Small Area Plan has identified certain areas in the Southern Triangle as
being suitable for densities not exceeding one (1) unit per acre for areas immediately east of U.S. 15-501 and
densities not exceeding one (1) unit per five (5) acres for areas immediately west of Old Lystra Road.
*Amended 2/1/93
Urban Residential Areas are similar to Suburban Residential Area in terms of both housing types
and public services availability. However, densities are higher, ranging from six (6) to thirteen (13) dwelling
units per acre.
Office-Institutional Areas is a category consisting of establishments which offer an array of
financial, insurance, real estate, legal, medical, and business services. Such areas generally have public
utilities and services available and are located adjacent to heavily traveled streets.
Future UNC Development is a category established for lands owned by the University of North
Carolina, including Horace Williams Airport and adjacent parcels. Such lands are contemplated for expansion
of the UNC campus, provided the Airport is relocated.
Retail Trade Areas are limited in Transition Areas, including existing establishments at Starpoint and
Calvander. Modest room for expansion was projected in Transition Areas.
Light Industrial Areas are singular, consisting of the Chapel Hill Industrial Park on Eubanks Road
and the proposed site between Eubanks Road and Homestead Road are included in this category.
Disposal Use Areas consist of landfill sites, either existing or future. The existing landfill on Eubanks
Road and the proposed site between Eubanks Road and Homestead Road are included in this category.
*Rural Buffer and Conservation
*Amended
4/2/90
2/3/92 (effective 2/24/92)
The basic categories of Rural Buffer and Conservation have been combined in the Joint Planning
Area Land Use Plan to form a single land use classification – Rural Buffer.
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PAGE 60-a – JPA LAND USE PLAN
The Rural Buffer is defined as being a low-density area consisting of single-family homes situated on
large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although
adjacent to an Urban or Transition Area, is rural in character and which will remain rural, contain low-density
residential uses, and not require urban services (public utilities and other Town services). The Rural Buffer is
expected to contain low density residential uses as well as agricultural uses The Rural Buffer and consists of
the following Joint Planning Area Land Use Plan categories: Rural Residential and Agricultural; Agricultural; 2
Public-Private Open Space; Resource Conservation; New Hope Creek Corridor Open Space; Extractive Use;
and the overlay category designated University Lake Watershed Area.
Rural Residential and Agricultural Areas are low-density areas consisting of single-family homes
situated on large lots two acres in size or greater with a minimum lot size of two acres, except when part of a
cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster
subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire
subdivision are maintained. 3 In that respect, Rural Residential Areas are identical to the definition of the
Rural Buffer. The area includes property supporting farming operations, including forestry activities,
established in accordance with the provisions of the North Carolina General Statutes.
Agricultural Areas include land areas currently in use for farming and forestry operations and which
qualify for, or are listed for, use value taxation purposes.4
Public-Private Open Space Areas include major land areas owned or controlled by public and
private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government
lands associated with Jordan Lake, the 100-foot buffer along I-40, and Orange Water and Sewer Authority
lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through
research, educational, forest management, and recreational functions.
Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e.,
floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the
basis for a parks and open space system (see Strategy Map) which provided the framework within which
other land uses are situated.
New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and
a portion of the Public/Private Open Space Areas which were designated as significant and worthy of
protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See
Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and
Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army
Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental
areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational
value.
Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the
Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro.
2 County governments do not have the authority to restrict the location of agricultural activities while
municipalities can regulate farms located within their corporate limits. Agricultural activities, as defined within
State law, are allowed in all areas subject to the Plan. Staff is clarifying existing language accordingly and
eliminating references to ‘Agricultural Areas’ as being a separate Plan land use category and combining it
with the Rural Residential Land Use Category. 3 Cluster subdivisions are allowed throughout the County, including the University Lake Watershed Area, with
the exception of the Rural Residential area of the Rural Buffer. We are modifying existing language to allow
cluster subdivisions in the Rural Buffer, outside of the University Lake Watershed Area, so long as a density
limit of 1 dwelling unit per 2 acres is maintained. This proposed amendment does not impact existing density
limits in the University Lake Watershed Area, which only allows 1 dwelling unit for every 5 acres of land area.
Staff has incorporated comments received by the County Attorney’s office as well as Chapel Hill and Carrboro
Planning staff. 4 This information has been captured within the renamed ‘Rural Residential and Agricultural Areas’ land use
category.
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Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the
immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer –
Blackwood station on N.C. Highway 86.
PAGE 60-b – JPA LAND USE PLAN
*University Lake Watershed Area
*Amended
4/2/90
The University Lake Watershed Area includes all lands which drain into the University Lake reservoir.
Density within this area is limited to 1 dwelling unit for every 5 acres with a required minimum lot size of 2
acres. Based on a preferred watershed protection strategy of land use controls as recommended by Camp,
Dresser and McKee in the University Lake Watershed Study, only low-intensity residential uses are permitted.
A minimum lot size of five (5) acres and a maximum density of one (1) unit per five (5) acres is required for
any development. 5Cluster subdivisions with lot sizes of not less than one (1) acre are also allowed so long as
density limits are adhered to. There is an allowance for as well as the creation of a limited number of 5 lots
(5) of two-acre lots at a density of 1 unit per 2 acres for property legally in existence as of October 2, 1989.6
Additional lots shall be allowed consistent with the 1 unit per 5 acre density as detailed herein.
5 The minimum lot size in the Rural Buffer is 2 acres. Density (i.e. how many residences are allowed on a
given property) has always been limited to 1 dwelling unit for every 5 acres of property. With this amendment
staff is moving density language to the front portion of the description so that it is understood what the limit is.
We are also indicating the required minimum lot size for the area is 2 acres to ensure consistency with the
Joint Planning Agreement. 6 Staff is adding the specific date a lot has to have existed on to qualify for the 2 acre density allowance. This
date is consistent with the existing requirements of Orange County’s Unified Development Ordinance (UDO)
specifically Section 4.2.4.
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LOCATION STANDARDS
The principal task in formulating a land use plan is determining where specific land uses will be
located. The primary elements feeding into this step include the operating principles outlined previously and a
defined set of location standards.
The location standards proposed for the preparation of the Joint Planning Area Land Use Plan are
based upon previously enumerated background elements – natural environment and compatibility with
existing land use patterns. On the accompanying page, there elements are listed on the horizontal axis of the
Location Standards Matrix. Included in the matrix, but not previously defined are various street classifications
listed under Transportation Accessibility. These classifications are defined as follows:
STREET CLASSIFICATIONS
STREET TYPE FUNCTION SPEED ROW DAILY
VOLUME
TRIP
LENGTH
ACCESS TRAVEL
LANES
INTERSTATE Movement 55 mph 200-300’ >40K >3 mi. Limited 4
ARTERIAL Movement 45 mph 120-150’ 10K-25K >1 mi. Unlimited 4
COLLECTOR Movement/A
ccess
35 mph 60-70’ 800-3K <1 mi. Unlimited 2
LOCAL Access 25 mph 50’ 75-200 <1/2 mi. Unlimited 2
Listed on the vertical axis are the general land use planning categories. By locating the desired land
plan category on the vertical axis, it is possible to read from left to right and identify by the “X” symbol desired
locations for each land use type.
CONCEPTS AND STRATEGIES
Following the November Public Information Meeting, four alternative strategy maps were prepared
with illustrated various development scenarios for the Joint Planning Area. The four maps sought to identify
those areas which would be classified as urban, transition, and rural buffer without identifying specific 10 and
20 year growth areas. The four maps are reproduced in sketch form on the following pages. The basis
premises governing each alternative are listed below.
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LAND USE CLASSIFICATION
ACCESSIBILITYRESIDENTIALCOMMER.OPEN AREASLOPESOIL STABILITY VEGETATION
LOCATION STANDARDS MATRIX
STAFF NOTE: We are recommending deleting existing references to the ‘Agricultural’ category and combining them with the
existing ‘Residential’ category. Staff has denoted those locations where ‘x’ has been added in red underlined text to preserve
the locational criteria for agricultural uses within the ‘Residential’ category.
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206
PAGE 81 – JPA LAND USE PLAN
*THE RURAL BUFFER
*Amended
4/2/90
2/3/92 (effective 2/24/92)
Eight Seven categories of Rural Buffer land use have been depicted on the Land Use Plan.
These categories include Resource
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PAGE 82 – JPA LAND USE PLAN
Protection Areas, Public-Private Open Space Areas, Agricultural Areas 1, Rural Residential and
Agricultural Areas, Retail Trade Areas, Extractive Uses, and the overlay category designated
University Lake Watershed Area.
Resource Protection Areas
As was the case with Transition Areas, Resource Protection Areas have been designated
on the Land Use Plan to include flood plains, and wetlands along drainage tributaries and steep
slope areas (15% or greater). These areas form the basis for a comprehensive parks and open
space system which provides the framework within which other land use categories are to function.
Parks have been generally located throughout the Joint Planning Area using a neighborhood park
one-half mile service radius. The parks, as well as portions of Duke Forest, are linked together by a
system of greenways extending along drainageways, and pedestrian routes (sidewalks) along
thoroughfares.
Public/Private Open Space Areas
Major land areas owned or controlled by both public and private interests in the Joint
Planning Area have been designated on the Land Use Plan. These areas include the following:
1. Duke Forest;
2. University of North Carolina lands (excluding Horace Williams Airport and adjacent
properties);
3. U.S. Government lands associated with conservation areas around the Jordan Lake
Reservoir;
4. Orange Water and Sewer Authority lands associated with conservation areas around
University Lake and raw water storage in the former quarry site on NC Highway 54: and
5. Camp New Hope conference and recreational center.
A Public/Private Open Space Area has also been designated along Interstate 40 to
recognize the Major Transportation Corridor (MTC) district established to provide a 100-foot
buffer along that route. The Plan recommends utilization of portions of the buffer to link
proposed park and greenway areas together.
While the status of such holdings as Duke Forest, UNC lands and Camp New Hope
is uncertain in the future, their continued existence appears likely during the planning period.
This is due to the research, educational, forest management and recreational functions
related to such areas. If decisions are made to change the use of such large tracts of land,
negotiations should be initiated to secure the use of all or portions of the tracts for recreation
and/or open space purposes. Such areas contribute greatly to the natural setting of the
Joint Planning Area and every effort should be made to retain such features.
New Hope Creek Corridor Open Space Areas include some of the Resource Protection
Areas and a portion of the Public/Private
1 As previously indicated, County governments do not have the authority to restrict the location of agricultural
activities. Agricultural activities, as defined within State law, are allowed in all areas that are subject to this
Plan. Staff is clarifying existing language accordingly and eliminating references to ‘Agricultural Areas’ as
being a separate Plan land use category and combining it with the Rural Residential Land Use Category.
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PAGE 83 – JPA LAND USE PLAN
Open Space Areas which are designated as significant and worthy of protection according
to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See
Master Plan Map following Strategy Maps). The areas are part of a system of open space in
Durham and Orange Counties along New Hope Creek and its tributaries between Eno River
State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is
made up of critical environmental areas such as stream beds, floodplains, steep slopes, and
larger tracts of historic, educational, or recreational value. The New Hope Corridor Open
Space Master Plan describes these areas in detail and makes specific recommendations as
to how they should be protected or utilized for environmental, educational, and/or
recreational purposes.
Agricultural Areas 2
During the compilation of background information, a land use survey was conducted
of the Joint Planning Area. The survey indicated those land areas currently in use for
agricultural purposes. This information was further verified through the Orange County Tax
Office to determine those farms which were qualified and listed for use value taxation
purposes.
The Land Use Plan designated those farms and agricultural uses which are
anticipated to continue in the same status during the planning period. Agricultural areas
existing within Transition Areas are expected to change from rural to urban uses as Chapel
Hill and Carrboro continue to grow and as public water and sewer services are expanded.
Agricultural areas are located principally in University Lake Watershed but are also
prominent along the northern perimeter of the Planning Area boundary. As development
occurs in these areas, it will be of very low-density nature and will generally consist of farm
dwelling and outbuildings.
*University Lake Watershed Area
*Amended
4/2/90
The University Lake Watershed Area includes all lands which drain into the University Lake reservoir.
Density within this area is limited to 1 dwelling unit for every 5 acres with a required minimum lot size
of 2 acres. Based on a preferred watershed protection strategy of land use controls as recommended
by Camp, Dresser and McKee in the University Lake Watershed Study, only low-intensity residential
uses are permitted. A minimum lot size of five (5) acres and a maximum density of one (1) unit per
five (5) acres is required for any development. 3Cluster subdivisions with lot sizes of not less than one
(1) acre are also allowed so long as density limits are adhered to. There is an allowance for as well
as the creation of a limited number of 5 lots (5) of two-acre lots at a density of 1 unit per 2 acres for
property legally in existence as of October 2, 1989.4 Additional lots shall be allowed consistent with
the 1 unit per 5 acre density as detailed herein.5
2 Some of this information has been relocated to the renamed Rural Residential and Agricultural section of the
Plan and is denoted in green underlined bold text on the next page. 3 The minimum lot size in the Rural Buffer is 2 acres. Density (i.e. how many residences allowed on a given
property) has always been limited to 1 dwelling unit for every 5 acres of property. With this amendment Staff
is moving density language to the front portion of the description so that it is understood what the limit it. We
are also indicating the required minimum lot size for the area is 2 acres. 4 Staff is adding the specific date a lot has to have existed on to qualify for the 2 acre density allowance. 5 Staff has ensured the language describing the University Lake Watershed Area is consistent throughout the
Plan.
209
*Rural Residential and Agricultural
*Amended
4/2/90
The Rural Residential category is a low-density area consisting of single-family
homes situated on large lots with a minimum lot size of two acres, except when part of a cluster
subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. two acres in
size or greater. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as
long as density limits for the entire subdivision are maintained 6. The Rural Residential
designation is identical to the Rural Buffer category contained in the current Orange County
Land Use Plan. The Rural Buffer category is described in the Plan as land adjacent to an
Urban or Transition area which is rural in character and which should remain rural; contain
very low-density residential uses and agricultural uses; and not require urban services
(water and sewer) during the Plan period.
Agricultural areas existing within Transition Areas are expected to change
from rural to urban uses as Chapel Hill and Carrboro continue to grow and as public
water and sewer services are expanded. Agricultural areas are located principally in
University Lake Watershed but are also prominent along the northern perimeter of the
Planning Area boundary. As development occurs in these areas, it will be of very
low -density in nature and will generally consist of farm dwelling and outbuildings in
support of agricultural operations.
To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low-
density residential development has taken place along Whitfield Road, Sunrise Road and
Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills,
Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on
wells and septic tanks for water supply and sewer disposal.
To the west of Carrboro, Rural Residential development is also expected in
University Lake Watershed. However, only low-density residential and agricultural uses are
anticipated. For this reason, residential Development will continue to rely on wells and
septic tanks for water supply and sewage disposal.
The remaining area designated for Rural Residential and Agricultural development is
the Southern Triangle area in the extreme southeastern portion of the County. The area
drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan
Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is
also characterized by environmental constraints such as steep slopes, flood plains and soils
with poor stability, so low-density development is projected.
There are approximately 9,260 acres of land designated for Rural Residential and
Agricultural purposes in the Land Use Plan. If developed at an average density of one
dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the
holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census
figure for population per household (2.6), the estimated population would be 10,231.
6 As previously indicated we are modifying existing language to ensure required minimum lot sizes and
density limits are observed. As previously indicated staff has incorporated comments from the County
Attorney’s office and the Towns of Carrboro and Chapel Hill into this section.
210
ORANGE COUNTY
PLANNING BOARD ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 2, 2014
Action Agenda
Item No. 12
SUBJECT: Joint Planning Land Use Plan and Agreement Amendments – Agricultural
Support Enterprises Within the Rural Buffer Land Use Classification
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENTS: INFORMATION CONTACT:
Pages of Joint Planning Land Use Plan and
Agreement Proposed for Amendment
Perdita Holtz, Planner III, (919) 245-2578
Craig Benedict, Director, (919) 245-2592
PURPOSE: To receive an update and briefing from staff on proposed amendments to the Joint
Planning Land Use Plan and Agreement to allow appropriate Agricultural Support Enterprises
within the Rural Buffer land use classification. This item is scheduled for the March 27, 2014
Joint Planning Public Hearing and it is expected to be on the May Planning Board agenda for a
recommendation. Staff thought it would be helpful to provide a briefing at the April Planning
Board meeting to familiarize Planning Board members with the proposed amendment.
BACKGROUND: In the mid-1980s Orange County and the Towns of Chapel Hill and Carrboro
adopted a Joint Planning Land Use Plan and accompanying Agreement that provided land use
planning for the area of the county commonly referred to as the Rural Buffer. Other geographic
areas, such as Transition Areas, are also covered in the plan. The full plan and agreement is
available at: http://orangecountync.gov/planning/Documents.asp.
On March 27, 2014 a Joint Planning Area Public Hearing will be held to review proposed
modifications to the Land Use Plan and Agreement in order to allow appropriate agricultural
support enterprise uses in the Rural Buffer land use classification. Agenda materials for the
public hearing can be viewed at: http://orangecountync.gov/occlerks/140327JPH.pdf.
The Planning Board is familiar with the Unified Development Ordinance (UDO) amendments
regarding Agricultural Support Enterprises (which were part of the February 24, 2014 quarterly
public hearing agenda: http://orangecountync.gov/occlerks/140224.pdf). The amendments to
the joint planning area documents are necessary before the UDO amendments pertaining to the
Rural Buffer can be adopted.
At the April 2, 2014 Planning Board meeting staff will review the proposed amendments to the
joint planning documents. The Board will not be asked to take any action on the proposed
amendments at this meeting but it is expected that the May Planning Board agenda will include
an item requesting that the Planning Board make a recommendation on the amendments.
FINANCIAL IMPACT: There is no financial impact in receiving a presentation.
RECOMMENDATION: The Planning Director recommends the Board receive staff’s
presentation.
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PAGE 60-a – JPA LAND USE PLAN
The Rural Buffer is defined as being a low-density area consisting of single-family homes situated on
large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although
adjacent to an Urban or Transition Area, is rural in character and which will remain rural, contain low-density
residential uses, and not require urban services (public utilities and other Town services). The Rural Buffer is
expected to contain low density residential uses, as well as agricultural uses, and agricultural support
uses 1. The Rural Buffer and consists of the following Joint Planning Area Land Use Plan categories: Rural
Residential and Agricultural; Agricultural; Public-Private Open Space; Resource Conservation; New Hope
Creek Corridor Open Space; Extractive Use; and the overlay category designated University Lake Watershed
Area.
Rural Residential and Agricultural Areas are low-density areas consisting of single-family homes
situated on large lots two acres in size or greater with a minimum lot size of two acres, except when part of a
cluster subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. Cluster
subdivisions, reducing parcels to at least 1 acre in area, are allowed so long as density limits for the entire
subdivision are maintained. In that respect, Rural Residential Areas are identical to the definition of the Rural
Buffer. The area includes property supporting farming operations, including forestry activities, established in
accordance with the provisions of the North Carolina General Statutes.
Agricultural Areas include land areas currently in use for farming and forestry operations and which
qualify for, or are listed for, use value taxation purposes.
Public-Private Open Space Areas include major land areas owned or controlled by public and
private interests in the Rural Buffer. Such holdings as Duke Forest, Camp New Hope, U.S. Government
lands associated with Jordan Lake, the 100-foot buffer along I-40, and Orange Water and Sewer Authority
lands adjacent to University Lake and the quarry site on N.C. Highway 54 provide open space through
research, educational, forest management, and recreational functions.
Resource Conservation Areas in the Rural Buffer are identical to those in the Transition Areas; i.e.,
floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the
basis for a parks and open space system (see Strategy Map) which provided the framework within which
other land uses are situated.
New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and
a portion of the Public/Private Open Space Areas which were designated as significant and worthy of
protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See
Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and
Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army
Corps of Engineers land north and south of Jordan Lake. This category is made up of critical environmental
areas such as steam beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational
value.
Extractive Use Areas encompass mining and quarry operations. Only one such site exists in the
Rural Buffer, the American Stone Company quarry on N.C. Highway 54 west of Carrboro.
Retail Trade Areas in the Rural Buffer include low intensity neighborhood centers which serve the
immediate area and generate low traffic volumes. Only one such area is designated in the Rural Buffer –
Blackwood station on N.C. Highway 86.
1 Red text is related to a separate amendment that is proposing to amend the same paragraph. The
amendment necessary for Agricultural Support uses is shown in blue text.
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PAGE 83 – JPA LAND USE PLAN
*Rural Residential and Agricultural 1
*Amended
4/2/90
The Rural Residential category is a low-density area consisting of single-family
homes situated on large lots with a minimum lot size of two acres, except when part of a cluster
subdivision and then adhering to a density limit of 1 unit for every 2 acres of property. two acres in
1 Red text is related to a separate amendment that is proposing to amend the same section. The amendment
necessary for Agricultural Support uses is shown in blue text.
Text above the section proposed for amendment has been removed.
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PAGE 84 – JPA LAND USE PLAN
size or greater. Cluster subdivisions, reducing parcels to at least 1 acre in area, are allowed to as
long as density limits for the entire subdivision are maintained. The Rural Residential designation
is identical to the Rural Buffer category contained in the current Orange County Land Use
Plan. The Rural Buffer category is described in the Plan as land adjacent to an Urban or
Transition area which is rural in character and which should remain rural; contain very low-
density residential uses, and agricultural uses, and agricultural support uses; and not require
urban services (water and sewer) during the Plan period.
Agricultural areas existing within Transition Areas are expected to change from rural
to urban uses as Chapel Hill and Carrboro continue to grow and as public water and sewer
services are expanded. Agricultural areas are located principally in University Lake
Watershed but are also prominent along the northern perimeter of the Planning Area
boundary. As development occurs in these areas, it will be of very low-density in nature and
will generally consist of farm dwelling and outbuildings in support of agricultural operations.
To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low-
density residential development has taken place along Whitfield Road, Sunrise Road and
Erwin Road. Residential developments similar to Sedgefield, Stoneridge, Oak Hills,
Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying on
wells and septic tanks for water supply and sewer disposal.
To the west of Carrboro, Rural Residential development is also expected in
University Lake Watershed. However, only low-density residential and agricultural uses are
anticipated. For this reason, residential Development will continue to rely on wells and
septic tanks for water supply and sewage disposal.
The remaining area designated for Rural Residential and Agricultural development is
the Southern Triangle area in the extreme southeastern portion of the County. The area
drains to the southeast toward Jordan Lake and is beyond the ridge line of the Morgan
Creek basin, an area which can be served by gravity sewer lines. The Southern Triangle is
also characterized by environmental constraints such as steep slopes, flood plains and soils
with poor stability, so low-density development is projected.
There are approximately 9,260 acres of land designated for Rural Residential and
Agricultural purposes in the Land Use Plan. If developed at an average density of one
dwelling unit per two acres with 15% of the area subtracted out for streets and roads, the
holding capacity of the area in terms of dwellings is 3,935. If multiplied by the 1980 Census
figure for population per household (2.6), the estimated population would be 10,231.
Text below the section proposed for amendment has been removed.
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Page 3 of Joint Planning Agreement
agreement. However, it will only be changed as the Joint Planning Area Land Use
Map is amended if the Map amendments change the location of either the CJDA or the
CHJDA.
A. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on
the east by I-40 and shown as such on Exhibit A.
B. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning
Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan
as Rural Residential and Agricultural, Agricultural, Public/Private Open Space,
Resource Conservation, Extractive/Disposal Use and the overlay district designated
University Lake Watershed Area. This area is further defined as being a low-density
area consisting of single-family homes situated on large lots having a minimum size of
two (2) acres, unless the cluster subdivision option is used and density limits are
maintained. The Rural Buffer is further defined as land which, although adjacent to an
Urban or Transition area, is rural in character and which will remain rural, contain
low-density residential uses, and agricultural uses, and agricultural support uses and
not require urban services (public utilities and other town services). Agricultural
support uses are those designated in the County’s Unified Development ordinance as
allowable in the RB (Rural Buffer) general use zoning district or those permitted
through the ASE-CZ conditional zoning district.
C. Transition Area. That portion of the Joint Planning Area designated on the Joint
Planning Area Land Use Map as such. This area is further defined as being in
Red text is
related to a
separate
amendment
that is
proposing
to amend
the same
section.
The
amendment
necessary
for
Agricultural
Support
uses is
shown in
blue text.
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