HomeMy WebLinkAboutOCPB agenda 100715ORANGE 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, October 7, 2015
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
3 - 4
5 - 6
INFORMATIONAL ITEMS
a.Planning Calendar for October and November
b.Preview of October 15, 2015 JPA Joint Public Hearing Item
3.
7 – 9
10 - 12
APPROVAL OF MINUTES
September 2, 2015 ORC Notes
September 2, 2015 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
No. Page(s) Agenda Item
7. 13 - 18 ZONING ATLAS AMENDMENT – To make a recommendation on a request
to rezone an approximately 9 acre parcel of property located at 4915
Hillsborough Road within the Eno Township from Economic
Development Eno Lower Intensity (EDE-1), Economic Development
Eno Higher Intensity (EDE-2), Lower Eno Protected Watershed
Protection Overlay District, and Major Transportation Corridor (MTC)
Overlay District to Economic Development Eno Higher Intensity (EDE-
2), Lower Eno Protected Watershed Protection Overlay District, and
Major Transportation Corridor (MTC) Overlay District. This item was
heard at the September 8, 2015 quarterly public hearing.
Presenter: Patrick Mallett, Planner II
8. 19 - 52 MAJOR SUBDIVISION PRELIMINARY PLAT: To review and make a
recommendation on a Major Subdivision Preliminary Plat, Henderson
Woods, located at the intersection on Erwin Road and Whitfield Road in
Chapel Hill Township. The Plat is consistent with the Concept Plan
Flexible Design Option reviewed and approved by the Planning Board in
June 2015 The Plat shows 19 single-family residential lots on a 48 acre
parcel of property with 21.51 acres (44.9% of the site) held in common
open space.
Presenter: Patrick Mallett, Planner II
9. 53 - 101 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation on government-initiated amendments to the text of the
UDO to revise the existing public hearing process for Comprehensive
Plan-, UDO-, and Zoning Atlas-related items/amendments. This item
was heard at the September 8, 2015 quarterly public hearing.
Presenter: Perdita Holtz, Planning Systems Coordinator
10. 102 - 128 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation on government-initiated amendments to the text of the
UDO regarding recreational land uses, including shooting ranges. This
item was heard at the September 8, 2015 quarterly public hearing.
Presenter: Michael Harvey, Current Planning Supervisor
11.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
12. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR
PERDITA HOLTZ (919-245-2578).
2
<September October 2015 November>
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
Notes:
* Planning Board Member Attendance Required
WCOB = West Campus Office Building (131 W.
Margaret Lane, Hillsborough)
BOCC Work
Session
7:00 pm
Whitted
Building
4 5 6 7 8 9 10
Regular BOCC
Meeting
7:00 pm
Whitted
Building
Planning Board
7:00 pm
WCOB 004*
11 12 13 14 15 16 17
Board of
Adjustment
7:30 pm
WCOB 004
BOCC Work
Session
7:00 pm
Whitted
Building
Joint Planning
Public Hearing
& BOCC/Town
of Carrboro
Joint Meeting
7:00 pm
Southern
Human
Services
Center
18 19 20 21 22 23 24
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Center
OUTBoard
7:00 pm
WCOB 004
25 26 27 28 29 30 31
3
<October November 2015 December>
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
Election Day ORC (time
TBD) and
Planning Board
7:00 pm
WCOB 004*
Regular BOCC
Meeting
7:00 pm
Whitted
Building
8 9 10 11 12 13 14
Board of
Adjustment
7:30 pm
WCOB 004
BOCC Work
Session
7:00 pm
Southern
Human
Services
Center
15 16 17 18 19 20 21
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Center
OUTBoard
7:00 pm
WCOB 004
Assembly of
Governments
7:00 pm
Southern
Human
Services
Center
22 23 24 25 26 27 28
Quarterly
Public Hearing
7:00 pm
Whitted
Building*
Holiday/Offices
Closed
Holiday/Offices
Closed
29 30
Notes:
* Planning Board Member Attendance Required
WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough)
4
NOTICE OF JOINT PLANNING PUBLIC HEARING
Orange County Board of Commissioners
Chapel Hill Town Council
Carrboro Board of Aldermen
A public hearing will be held at the Southern Human Services Center, 2501
Homestead Road, Chapel Hill, North Carolina on Thursday, October 15, 2015 at
7:00 p.m. for the purpose of giving all interested persons an opportunity to speak for
or against the following item:
1. Text Amendments to the Joint Planning Agreement – Revise existing
language in Section 2.7 (Representation of Transition Area Residents) of the
Joint Planning Agreement to modify membership on the Town of Chapel Hill’s
Planning Commission and Board of Adjustment.
Currently, at least one resident of the Town’s Transition Area, as designated on
the Joint Planning Land Use Map, is appointed to each advisory board. Earlier in
2015, the Town of Chapel Hill extended its Extraterritorial Jurisdiction (ETJ) over
approximately 1,033 acres of land which changed most of the Town’s Transition
Area to ETJ. Approximately 274 acres of land remains designated as Chapel Hill
Transition Area.
The Town is considering: 1) replacing the Transition Area resident on its
Planning Commission and Board of Adjustment with a Chapel Hill resident; or 2)
replacing the Transition Area resident with a resident from either the Transition
Area, the Extraterritorial Area or a Chapel Hill Resident.
Purpose: To hear public comment on the proposed text amendments.
Substantial changes in items presented at the public hearing may be made following
the receipt of comments made at the public hearing. Accommodations for
individuals with physical disabilities can be provided if the request is made to the
Orange County Planning Director at least 48 hours prior to the Public Hearing by
calling the one of the phone numbers below. The full text of the public hearing items
may be obtained no later than October 9, 2015 at the County website
www.orangecountync.gov at the Board of County Commissioners Meeting Agendas
link.
This is the legal advertisement for the October 15th JPA (Joint Planning Area) joint public hearing.
The Planning Boards of the three jurisdictions are not required to attend the joint public hearing but
they do make recommendations to their respective elected boards. This item is expected to be on
the agenda of the Orange County Planning Board on November 4th for a recommendation to the
Board of County Commissioners. The public hearing materials will be posted on the County’s
website no later than Friday, October 9th and video of the hearing will be available shortly after the
public hearing. Documents related to the Joint Planning Area are available on the Planning
Department’s website:
http://www.orangecountync.gov/departments/planning_and_inspections/documents.php
5
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00
a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-
2585 and you will be directed to a staff member who will answer your questions or
you may e-mail questions to planningdept@orangecountync.gov.
PUBLISH: The Herald Sun Chapel Hill News
September 30, 2015 September 30, 2015
October 7, 2015 October 7, 2015
6
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 SEPTEMBER 2, 2015 3
ORDINANCE REVIEW COMMITTEE 4 5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6 7 MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Tony Blake, Bingham Township 8
Representative; Lisa Stuckey, Chapel Hill Township Representative; Herman Staats, At-Large, Cedar Grove 9
Township; James Lea, Cedar Grove Township Representative; 10
11 MEMBERS ABSENT: Lydia Wegman-At-Large Chapel Hill Township (Vice Chair); Maxecine Mitchell, At-Large 12
Bingham Township; Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 13
Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Paul Guthrie, At-Large Chapel Hill Township; 14
15 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Ashley Moncado, Special Projects Planner; 16 17
AGENDA ITEM 1: CALL TO ORDER 18 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS 19 CAR SALES/RENTAL OPERATIONS 20
To review and comment upon proposed amendments to the UDO regarding car sales and 21
rental operations. 22 23 Presenter: Michael Harvey, Current Planning Supervisor 24
25
Michael Harvey presented the item and reviewed handouts. 26
27
Lisa Stuckey: To me this hard to imagine without being able to drive by and count the cars. 28
29
Michael Harvey: I would encourage you to do that, but I can also provide pictures from various examples in the 30
county. 31
32
Lisa Stuckey: That would be helpful to see what the problem is. 33
34
Pete Hallenbeck: Are these showing an example of where vehicles are parked in the setback area or too close to the 35
road? 36
37
Michael Harvey: Yes 38
39
Lisa Stuckey: If you go to page 9, I think it would be helpful if you explained what .17 and .24 is referring to. 40
41
Michael Harvey: That is referring to an acreage ratio. That can be addressed. 42
43
Herman Staats: How did you arrive at the .17 and .24? 44
45
Michael Harvey: I took a typical one acre lot and figured out required buffers, septic requirements, the minimum 46
building size allowed in the district, which is another ratio standard, and tried to figure out what would be fair to allow 47
open space, separation, and building size. 48
49
Tony Blake: That is in the footnote? 50
51
Michael Harvey: Yes. 52
53
Tony Blake: How would this impact or affect impervious surface? Seems like you could go over your allotment. 54
7
55
Michael Harvey: You could, but in the urban areas of the county you have the capability to do more impervious with a 56
storm water feature. 57
58
James Lea: Is there a way to find out how many businesses this will affect in the rural area? 59
60
Michael Harvey: Sure 61
62
James Lea: And to know what these businesses will be faced with? What changes they will have to make? 63
64
Michael Harvey: Any existing motor vehicle business in operation legally doesn’t have to comply with this ordinance 65
and can continue to operate subject to Article 8, Non Conformities, of the UDO. Business owner will be not penalized, 66
however, if they expand their business it would need to be brought into compliance at that time. If one goes out of 67
business and another opens, they would have to comply. I can get a list of businesses. 68 69 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS 70 SEXUALLY ORIENTED BUSINESSES 71
To review and comment upon proposed amendment to the UDO regarding sexually 72
oriented businesses. 73 74
Presenter: Michael Harvey, Current Planning Supervisor 75
76
Michael Harvey presented item and background information. 77
78
Michael Harvey: On page 27 it states no sexually oriented business shall be located in a building or on a premises 79
where alcohol or alcoholic beverages are sold or in a building or on a premises that allows alcohol or alcoholic 80
beverages to be consumed. 81
82
Tony Blake: Where is the case law for this? 83
84
Michael Harvey: The State Law granting us the authority to regulate sexually oriented businesses specifically 85
mentions that we have the ability to modify ABC permitting requirements. The County Attorney’s office will review the 86
case law and you will be updated if it is removed. 87
88
Tony Blake: What about the existing business on Highway 86? 89
90
Michael Harvey: Closed. In fact we are about to issues letters to two businesses that they have been closed for more 91
than 180 days and as a result they have lost their nonconforming status and cannot open as a sexually oriented 92
business. 93
94
Lisa Stuckey: Were those the only two in the county? 95
96
Michael Harvey: There was also Dixie’s Truckstop, but that is also closed. 97
98
James Lea: Currently there are no zoned properties in Orange County that would allow this? 99
100
Michael Harvey: There are no I-2 or I-3 zoned properties, but there are several Eno Economic Development District 101
properties that would allow this use. 102
103
Tony Blake: Will there be issues with proposing this use in the Eno Economic District? 104
105
Michael Harvey: Due to the proposed use, it would face opposition in every district. When you look at the current 106
makeup of land uses allowed in the Eno Economic District, there are more industrial uses and less residential uses 107
compared to existing uses in the Buckhorn Economic District. 108
8
109
James Lea: What is the economic development impact to the county from this use? 110
111
Michael Harvey: To some it is like a night club or video store. There is also an aversion that people and businesses 112
do not want to be near it because of perceptions and would not want to see it. 113
114
Lisa Stuckey: Is this use considered blight in other communities where it is regulated? 115
116
Michael Harvey: It can be depending on how it is regulated and maintained. 117
118 AGENDA ITEM 3: ADJOURNMENT 119
9
MINUTES 1
PLANNING BOARD 2
SEPTEMBER 2, 2015 3
REGULAR MEETING 4
5
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Tony Blake, Bingham Township 6
Representative; Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 7
Representative; Lisa Stuckey, Chapel Hill Township Representative; Herman Staats, At-Large, Cedar Grove 8
Township; James Lea, Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 9
Paul Guthrie, At-Large Chapel Hill Township; 10
11 MEMBERS ABSENT: Lydia Wegman-At-Large Chapel Hill Township (Vice Chair); Maxecine Mitchell, At-Large 12
Bingham Township; Paul Guthrie, At-Large Chapel Hill Township; 13
14 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Ashley Moncado, Special Projects Planner; 15
16 OTHERS PRESENT: Katherine Ansardi 17
18 AGENDA ITEM 1: CALL TO ORDER 19
20
AGENDA ITEM 2: INFORMATIONAL ITEMS 21
a) Planning Calendar for September and October 22
• September 8 – Quarterly Public Hearing 23
24
AGENDA ITEM 3: APPROVAL OF MINUTES 25
a) August 5, 2015 ORC Notes 26
b) August 5, 2015 Regular Meeting 27
28 MOTION by Laura Nicholson to approve the notes and minutes. Seconded by Buddy Hartley. 29 VOTE: UNANIMOUS 30
31 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 32
33
No changes to the agenda. 34
35 AGENDA ITEM 5: PUBLIC CHARGE 36
37 Introduction to the Public Charge 38
The Board of County Commissioners, under the authority of North Carolina General 39
Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land 40
development laws of the County. The general purpose of OCPB is to guide and 41
accomplish coordinated and harmonious development. OCPB shall do so in a manner 42
which considers the present and future needs of its residents and business through 43
efficient and responsive process that contributes to and promotes the health, safety, and 44
welfare of the overall County. The OCPB will make every effort to uphold a vision of 45
responsive governance and quality public services during our deliberations, decision, and 46
recommendations. 47
48 Public Charge 49
The Planning Board pledges to the residents of Orange County its respect. The Board 50
asks its residents to conduct themselves in a respectful, courteous manner, both with the 51
Board and with fellow residents. At any time, should any member of the Board or any 52
resident fail to observe this public charge, the Chair will ask the offending member to 53
10
leave the meeting until that individual regains personal control. Should decorum rail to be 54
restored, the Chair will recess the meeting until such time that a genuine commitment to 55
this public charge is observed. 56
57 AGENDA ITEM 6: CHAIR COMMENTS 58
59
None 60
61 AGENDA ITEM 7: ZONING ATLAS AMENDMENT (CONDITIONAL ZONING DISTRICT) – To make a 62
recommendation on a request to rezone 112 acres of property from Rural Residential (R-63
1), Upper Eno Protected Watershed Protection Overlay District to Master Planned 64
Development Conditional Zoning (MPD-CZ), Upper Eno Protected Watershed Protection 65
Overlay District in order to allow for the development of Hart’s Mill Village within the 66
Cheeks Township. This item was heard at the May 26, 2015 quarterly public hearing and 67
was reviewed at the July 1, 2015 Planning Board meeting. 68
69 Presenter: Michael Harvey, Current Planning Supervisor 70
71
Michael Harvey: Reviewed abstract. 72
73
Michael Harvey: On page 59 there is a condition stating the community house will be limited to 3,000 square feet. 74
The applicant is asking for that to be doubled to a maximum of 6,000 square feet so they are not limited in the future. 75
Staff has no concerns with doubling the square footage. If there is a motion tonight to recommend approval it will 76
need to be done as amended addressing this request. 77
78
Tony Blake: The six inch water line is adequate for service and firefighting? 79
80
Michael Harvey: The project engineer is saying the six inch line should suffice in providing water for firefighting and 81
service. There is a pond on site for auxiliary firefighting capabilities. Jason [Fire Marshal] agreed that ultimately the 82
size of the line will be determined at the construction drawing phase and concerns will be addressed at that time with 83
the existing line. 84
85
Lisa Stuckey: If there are more developments along Fazier Road would that trigger a need for a larger line? 86
87
Pete Hallenbeck: It could, if someone came in and wanted to do a large development. 88
89
Lisa Stuckey: Every owner will own 1/50th share. So people will not own the unit at all? 90
91
Katherine Ansardi: We would like to do a housing cooperative and we are speaking with attorneys to understand the 92
law in North Carolina and implications of that model. At the end of the day we might end up with a condo legal 93
structure that is organized to operate as close to housing cooperative as possible. The land itself will not be 94
individually owned and if we go with the condo model people will own the interior of the units. However, with the 95
cooperative model every member is an equal shareholder that owns all the land and buildings which provides the 96
option for a long term lease of their unit. 97
98
Lisa Stuckey: So everyone has to be an equal owner? 99
100
Katherine Ansardi: They have to have an equal voting share. 101
102
James Lea: Can you sublease the unit? 103
104
Katherine Ansardi: We are discussing that and trying to determine that. 105
106
James Lea: What happens when someone dies? 107
11
108
Katherine Ansardi: You are getting into details that I don’t have all the answers to. My understanding is that when 109
someone buys into the coop they have an economic interest in the community that may be passed onto kin after they 110
pass which they can sell. Their heir would not be automatically a member of their coop, but they would have the right 111
to their share to be sold. The cooperative may buy that unit back. 112
113
Lisa Stuckey: Our approval doesn’t relate to how they set up their ownership? 114
115
Pete Hallenbeck: Our next step is the statement of consistency which does not directly relate to ownership. 116
117
Michael Harvey: The ownership model was a concern at the public hearing because Board members wanted 118
information of how this would be set up and the applicant is still figuring that out. They have provided additional 119
information on page 17 and 18. 120
121
Michael Harvey reviewed the recommendation. 122
123 MOTION made by Lisa Stuckey to recommend approval of the statement of consistency. Buddy Hartley seconded. 124
VOTE: Unanimous 125
126 MOTION made by Lisa Stuckey to approve the ordinance of approval as amended. Laura Nicholson seconded. 127
VOTE: Unanimous 128
129 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS 130 A. Board of Adjustment 131
132
Michael Harvey: Board of Adjustment has a public hearing on October 12 to review a Class B Special Use Permit for 133
a retreat center. We are not sure we will have a full board anymore or if the applicant may withdraw the application. 134
135 B. Orange County Transportation 136
None 137
138 AGENDA ITEM 9: ADJOURNMENT 139
140
Motion to adjourn made by James Lea. Seconded by Tony Blake. 141 ___________________________________________
Pete Hallenbeck, Chair
12
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date: October 7, 2015
Action Agenda
Item No. 7
SUBJECT: Zoning Atlas Amendment - Jacobs Glass Rezoning
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENTS: INFORMATION CONTACT:
1. Property and Vicinity Map
2. Draft Statement of Consistency
3. Draft Ordinance Approving Rezoning
Patrick Mallett, Planner II (919) 245-2577
Michael Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To make a recommendation to the BOCC on an owner initiated request to rezone
a split zoned 9.8 acre parcel of property in accordance with the provisions of Section 2.9.2 of the
Unified Development Ordinance (hereafter ‘UDO’). Specifically the applicant wishes to rezone
the property:
FROM: Economic Development Eno Lower Intensity (EDE-1), Economic
Development Eno Higher Intensity (EDE-2), Lower Eno Protected
Watershed Protection Overlay District, and Major Transportation Corridor
(MTC) Overlay District
TO: Economic Development Eno Higher Intensity (EDE-2), Lower Eno
Protected Watershed Protection Overlay District, and Major Transportation
Corridor (MTC) Overlay District
BACKGROUND: This item was presented at the September 8, 2015 Quarterly Public Hearing
where staff indicated approximately 2.1 acres of the property is zoned EDE-2 and 7.7 acres is
zoned EDE-1. The portion of property zoned EDE-2 is currently developed and used to support
a glass manufacturing and installation business, specifically Jacobs Glass, and the property
owner has requested the rezoning to allow for a potential expansion of the existing operation.
Materials from the September 8, 2015 Quarterly Public Hearing can be viewed at:
http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/150908.pdf.
During the public hearing the following questions/comments were made:
1. A BOCC member asked if the property owner will have to maintain land use buffers along
NC 751 and adjacent residential property, both in Orange and Durham counties, if the
property were rezoned.
STAFF COMMENT: The property owner will have to comply with established buffers,
including:
13
a. The 100 ft. perimeter EDD buffer required under Section 6.8.12 (C) (1) of the UDO
along the southern property line (i.e. railroad right-of-way) and eastern property
line (i.e. Durham County line), and
b. A 20 ft. Type A land use buffer along NC 751 in accordance with Section 6.8.12
(C) (13) of the UDO.
The aforementioned land use buffers are the same for EDE-1 and EDE-2 zoned
property.
2. A Planning Board member asked if approval of the rezoning petition grants development
rights allowing for the expansion of the existing commercial operation.
STAFF COMMENT: As indicated during the public hearing approval of the zoning
atlas amendment does not eliminate the applicant’s responsibility to apply for, and
obtain, site plan approval and a Zoning Compliance Permit allowing for the expansion
of the existing business as required by Section 2.5 of the UDO.
Procedural Information: In accordance with 2.8.8 of the UDO 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
proposed Zoning Atlas Amendment application and further recommends approval of the:
i. Statement of Consistency, as contained in Attachment 2, indicating the proposed
zoning atlas amendment is consistent with the adopted Comprehensive Plan and the
project is reasonable and in the public interest, and
ii. Ordinance amending the Orange County Zoning Atlas as contained in Attachment 3.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval or denial of the request would not create the need for
additional funding for the provision of County services. Costs associated with advertising,
including the public hearing notice and mailings, were paid by the applicant in accordance with
the adopted Orange County Fee Schedule.
Costs associated with permitting development of any future project shall be paid by the
applicant in accordance with the adopted Orange County Fee Schedule (i.e. erosion control,
stormwater management, building, zoning, etc.).
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Deliberate on the application as necessary,
2. Consider the Planning Director’s recommendation, and
3. Take action on the Statement of Consistency (Attachment 2) and make a
recommendation on the ordinance of approval (Attachment 3) in time for the November
5, 2015 BOCC meeting.
14
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Lower EnoProtectedWatershed
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DurhamZoning
EDE-1
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Attachment 2 - Vicinity Map
Parcel of Interest
Major Transportation Corridor
Zoning
Parcels ·Orange County Planning and InspectionsBrian Carson (8/25/2015)
0 100Feet
1 in = 200 feet
^_
^_
MajorTransportationCorridor
Orange CountyBoundary
EDE-1
EDE-2
PIN#: 0803305174LR JACOBS LLC4915 HILLSBOROUGH RDDURHAM, NC 27705
15
STATEMENT OF CONSISTENCY
OF PROPOSED ZONING ATLAS AMENDMENTS WITH THE 2030 COMPREHENSIVE
PLAN AND/OR OTHER ADOPTED COUNTY PLANS
L.R. Jacobs, owners of a 9.8 acre parcel of property within Orange County, has initiated an
amendment to the Orange County Zoning Atlas, as established in Section 1.2 of the Orange
County Unified Development Ordinance (UDO) to rezone property:
FROM: Economic Development Eno Lower Intensity (EDE-1), Economic
Development Eno Higher Intensity (EDE-2), Lower Eno Protected
Watershed Protection Overlay District, and Major Transportation Corridor
(MTC) Overlay District
TO: Economic Development Eno Higher Intensity (EDE-2), Lower Eno
Protected Watershed Protection Overlay District, and Major Transportation
Corridor (MTC) Overlay District
allowing for the continued development and expansion of an existing commercial facility known as
Jacobs Glass Company. The parcel, further identified utilizing Orange County Parcel Identification
Number (PIN) 0803-30-5174, is located in the southeastern quadrant of the NC 751 and US70
East/Hillsborough Road, and an address of 4915 Hillsborough Road hereafter referred to as ‘the
property.’
The Planning Board finds:
• The requirements of Section 2.8 of the Unified Development Ordinance (UDO) have been
deemed complete, and
• Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North
Carolina General Statutes, the Board finds documentation within the record denoting that
the rezoning is consistent with the adopted 2030 Comprehensive Plan, the Eno EDD
Area Small Area Plan and/or other adopted County plans.
The amendment is consistent with applicable plans because it:
• Supports the following 2030 Comprehensive Plan goals and objectives including:
1. Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy
consistent with other Comprehensive Plan element goals and objectives.
2. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features, and that protect natural resources, cultural resources,
and community character.
3. Objective LU-1.1: Coordinate the location of higher intensity / high density
residential and non-residential development with existing or planned locations of
public transportation, commercial and community services, and adequate
supporting infrastructure (i.e., water and sewer, high-speed internet access,
streets, and sidewalks), while avoiding areas with protected natural and cultural
resources.
16
4. Economic Development Goal 1: Public-private sector partnerships that create a
stronger business climate.
Objective ED-1.4: Achieve the objective of adding 5,000 new private sector jobs
in the County and $125,000,000 in new commercial property by June 2010, with
the goal of 75% of the new jobs being filled by County residents.
Objective ED-1.5: Identify barriers to development of desirable businesses and
local businesses, and mitigate these barriers.
Objective ED-1.6: Provide outreach, recognition and/or expedited service to new
and existing businesses that meet development criteria.
Objective ED-1.8: Explore policies to use in attracting and encouraging
development of companies and enterprises that will build and expand upon the
County’s economic base.
5. Economic Development Goal 2: Infrastructure that supports desired
development.
Objective ED-2.5: Identify lands suitable to accommodate the expansion and
growth of commercial and industrial uses in the County.
Objective ED-2.8: Adjust ongoing designation and zoning of Economic
Development Districts to avoid the area designated as the Rural Buffer. (See
also Land Use Objectives LU-3.1 and LU-3.3.).
The amendments are reasonable and in the public interest because:
a. The amendment will foster economic development within the Eno Economic
Development District. It also encourages the balanced and sustainable growth of
existing non-residential uses.
The project will provide buffers and setbacks to transition between residential uses
and transition to natural resource areas.
b. The project will not result in traffic impacts deemed to be detrimental to existing
roadways due to the proposed density.
c. The proposed amendments promote public health, safety, and general welfare by
furthering the goals and objectives of the 2030 Comprehensive Plan.
The Planning Board hereby recommends that the Orange County Board of County
Commissioners consider adoption of the proposed Zoning Atlas amendments.
______________________ ________________________
Pete Hallenbeck, Chair Date
17
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition submitted by L.R. Jacobs
seeking to amend the Orange County Zoning Atlas, as established in Section 1.2 of the Orange County
Unified Development Ordinance (UDO), and
WHEREAS, this petition seeks to rezone a 9.8 acre parcel of property, further identified utilizing
Orange County Parcel Identification Number (PIN) 0803-30-5174, to Economic Development Eno Higher
Intensity (EDE-2), Lower Eno Protected Watershed Protection Overlay District, and Major Transportation
Corridor (MTC) Overlay District for the purpose of expanding their business known as Jacobs Glass
company.
WHEREAS, the proposal has been found to be consistent with the various plans outlining
allowable development in the area including the Eno EDD Small Area Plan, and
WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete, and
WHEREAS, the Board has found the proposed zoning atlas amendment to be reasonably
necessary to promote the public health, safety, and general welfare.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County
Zoning Atlas is hereby amended to rezone the 9.8 acre portion of the aforementioned parcel to
Economic Development Eno Higher Intensity (EDE-2), Lower Eno Protected Watershed Protection
Overlay District, and Major Transportation Corridor (MTC) Overlay District.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner ________________________, seconded by Commissioner
________________________, the foregoing ordinance was adopted this ________ day of
___________________, 2015.
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting
held on ________________________, 2015 as relates in any way to the adoption of the foregoing and
that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this ______ day of ______________, 2015.
SEAL __________________________________
Clerk to the Board of Commissioners
Attachment 3 18
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 7, 2015
Action Agenda
Item No. 8
SUBJECT: Major Subdivision Preliminary Plat Application – Henderson Woods
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENTS: INFORMATION CONTACT:
1. Application Package
2. Property and Vicinity Map
3. Staff Generated Correspondence
4. Excerpt of Approved June 3, 2015
Planning Board Minutes
Under Separate Cover – Full Size Copy of
Preliminary Plat
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and take make a recommendation on a Major Subdivision Preliminary Plat
application proposing a 19 lot single-family residential subdivision in accordance with the provisions
of Section 2.15 and Article 7 Subdivisions of the Unified Development Ordinance (UDO).
BACKGROUND: The Planning Board reviewed a Concept Plan for the subdivision, located within
the Chapel Hill Township near Whitfield and Erwin Roads, at its June 3, 2015 regular meeting.
Agenda materials for this meeting can be viewed utilizing the following link:
http://www.orangecountync.gov/PB_Agenda_Packet_June_2015.pdf. Minutes from the meeting are
contained within Attachment 4.
Development Process, Schedule, and Action: The typical cadence for the review of a major
subdivision is as follows:
• FIRST ACTION – Submission of a concept plan application containing a proposed
layout for the project based on a ‘conventional’ and ‘flexible’ development option.
STAFF COMMENT: As indicated at the June 3, 2015 Planning Board meeting a
complete concept plan application was submitted.
• SECOND ACTION – Planning staff schedules a Neighborhood Information Meeting
to invite property owners within 500 feet of the subject property to view the proposal.
STAFF COMMENT: Staff held the required meeting on April 7, 2015.
• THIRD ACTION – The Planning Board shall review and make a recommendation on
the Concept Plan Application making a decision on whether the proposed
development should proceed as a ‘conventional’ or ‘flexible’ development.
STAFF COMMENT: At its June 3, 2015 regular meeting the Board voted
unanimously to approve the flexible development option for Henderson Woods.
Per Section 2.15.2 (G) (3) of the UDO the applicant has two years, from the date
19
of Concept Plan approval, to prepare and file an application for Preliminary Plat
approval.
• FOURTH ACTION – Once a concept plan option is approved, the Planning Board
reviews and makes a recommendation on the approval of the Preliminary Plat for
the project.
STAFF COMMENT: The Planning Board will review the Preliminary Plat
application at its October 7, 2015 regular meeting.
• FIFTH ACTION – The BOCC reviews and takes action on the Preliminary Plat
application.
• SIXTH ACTION – If approved, and once all construction activities have been
completed or appropriate financial assurances have been approved, staff will sign
off on a Final Plat, which will be recorded in the Orange County Registrar of Deeds
Office.
Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application proposing to
develop a conservation cluster flexible development subdivision with 19 single-family residential lots
with an overall density of 1 dwelling unit per every 2.52 acres of land area. A summary of the
proposal is as follows:
Subdivision Type Number of
Lots
Average Lot
Size
Area in Open Space Open Space
Percentage
Flexible Development
Plan
19 1.22 acres 21.5 acres 44.9%
The lots within the subdivision range in size from 1.0 acre (smallest) to 1.68 acres (largest) in area.
Staff has determined the Preliminary Plat application is consistent with the Concept Plan approved
by the Planning Board at its June 3, 2015 regular meeting. Please refer to Attachment 4 for the
minutes from this meeting.
STAFF COMMENT: The proposal is in accordance with the anticipated densities and
minimum lots sizes for parcels located within:
• The Rural Buffer land use category as defined within the adopted Comprehensive
Plan,
• Rural Designated areas of the County as denoted on the Growth Management
Systems Map, and
• The Rural Buffer – Rural Residential Area land use category as defined within the
Joint Planning Land Use Plan.
It should be remembered the clustering of lots is permitted in accordance with the
provisions of the UDO as well as in Section 6, Future Land Use – Joint Planning Area
of the Joint Planning Land Use Plan, which can be viewed utilizing the following link:
http://orangecountync.gov/planning/documents/JPALUPDocument.pdf
20
Roads: The proposal involves the creation of new public roads to service the project, each
constructed to NC Department of Transportation (DOT) standards. A 5 foot wide concrete sidewalk
shall be constructed outside of identified road rights-of-way and will be maintained by the local
homeowners association. Specifically, the proposal calls for:
• A single access road affording vehicular ingress/egress from Whitfield Road (SR 1731).
• Construction of two cul-de-sac roadways within fifty-foot rights-of-way and a 27-foot improved
travel way with a 35-foot cul-de-sac radius that will include curb and gutter.
The Preliminary Plat indicates there will be two 20-foot wide shared driveway/truck turn areas
within each cul-de-sac to accommodate the turn radius of larger vehicles. These dimensions
comply with NCDOT standards for residential subdivisions.
STAFF COMMENT: As indicated during the June 3, 2015 Planning Board meeting, there
is an existing private road running through the property called Shakori Trail serving
existing properties to the north.
A portion of this existing right-of-way will be converted into a public street terminating in a
cul-de-sac along the eastern property.
There will be a gated access off of the cul-de-sac for those property owners to the north
who desire to continue to use this as their access. This area can also be utilized for
emergency vehicle access if necessary.
Staff has determined that the proposed roadway construction and layout is consistent with
the requirements of the UDO. Staff and NCDOT have also determined that the limited
access to Erwin Road and the properties to the north are sufficient for services and
emergency services.
Utilities – Water and Sewer: The applicant is proposing to serve the project with individual wells
and septic systems developed on each lot. The Plan Sheet C-6 denotes anticipated locations
for well and septic sites for the lots.
STAFF COMMENT: Orange County Environmental Health has indicated that they do
did not foresee see any potential problems with the proposed layout with respect to
finding suitable soils to support septic tank development. For more information please
refer to Attachment 3.
Stormwater Drainage: Drainage will be engineered according to Best Management Practices
(BMP) at the time of permit application for construction and will be handled through a curb and
gutter system located within the proposed road rights-of-way. The property is subject to adopted
stormwater management guidelines.
The Preliminary Plat provides an assessment demonstrating the project will comply with
established standards.
STAFF COMMENT: The applicant has submitted a preliminary stormwater analysis
for staff review and comment.
Open Space: Open space for the project is broken down on Sheet C.1 of the submittal as follows:
• Primary Open Space (i.e. wetlands, streams, floodplains, slopes greater than 25%, natural
areas/wildlife corridors, etc.) – 4.02 acres (175,111 sq. ft.).
21
• Secondary Open Space (i.e. Open space access, woodlands, slopes between 15% and 25%,
scenic views, etc.) – 17.49 acres ( 761,864 sq. ft.) further broken down as:
o Perimeter Buffer (100 ft. in width): 12.61 acres
o Woodlands/fields: 4.8 acres
The total area reserved as common open space is approximately 21.5 acres (44.9% of the site)
composed of fields and forested areas with existing, mature, vegetation and trees with an
approximate height of between 50 to 80 feet. All 19 lots are adjacent, and have access to, primary
and/or secondary open space areas. Access to open space areas is also via the proposed 5 ft. wide
concrete sidewalk running throughout the project.
STAFF COMMENT: Staff has determined the proposed open space meets the
requirements of the UDO.
Land Use Buffer: The Preliminary Plat indicates there will be a 30-foot Type “B” land use buffer
along Erwin Road and Whitfield Road. The buffers are comprised of existing, dense, vegetation
composed of existing, mature, shrubs and trees with an approximate height of between 50 to 70 feet.
STAFF COMMENT: Section 6.8.6 (D) of the UDO requires that this project maintain a
thirty (30) foot land use buffer separating the project from adjacent roadways. Staff
has determined the proposed open space and land use buffers meet the requirements
of the UDO.
Additional Comments: Attachment 3 contains additional comments for this project, including:
• An e-mail from David Sykes, Orange County Emergency Management, indicating there is
an existing pond in the area to address fire suppression issues.
• An e-mail from Jeff Scouten, Orange County Solid Waste, approving road layout and
construction.
JPA Review: In accordance with the Joint Planning Area Agreement, this project was sent to
the Town of Chapel Hill for review and comment on April 20, 2015. To date, Staff has not
received any comments.
Analysis: As required under Section 2.15.2 (E) of the UDO, the Planning Director is required to:
‘prepare and submit a recommendation’ on the concept plan to the Planning Board for
consideration. In analyzing this request, the Planning Director offers the following:
1. The application has been deemed complete in accordance with the requirements of
Section 2.2 and 2.15.2 of the UDO.
2. Staff has determined that the property is of sufficient size to support the proposed
subdivision.
3. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy
consistent with other Comprehensive Plan element goals and objectives.
22
b. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
4. Staff has determined that the proposed subdivision is consistent with the provisions and
goals of the Joint Planning Land Use Plan and Joint Planning Agreement.
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. Receive the Preliminary Plat application for the Henderson Woods Subdivision,
2. Discuss the proposal, and
3. Recommend approval of the Preliminary Plat as submitted.
23
5105
8
APPLICATION FOR PRELIMINARY PLAN APPROVAL
MAJOR SUBDIVISION"
ORANGE COUNTY
DATE:, _PLEASE TYPE OR PRINT (INK ONLY)
SUBOMSION NAME: Henderson Woods
LOCATION: 605 Erwin Road
OWNE~EVELOPER: Humphries Family, LLC & Henderson Woods, Inc.
4712 Whitfield Road 7 6315 Howie Mine Church Rd
ADDRESS: TELEPHONE NO.: 919-929-0518 _
Durham, NC 27707 / Waxhaw, NC 28173
AGENTrooNTACT:Tom Heffner, Heffner Properties, Inc.
ADDR£SS: 1020 NewHope Road TELEPHONE NO.: 919-92 9.., 0518
Chapel Hill, NC 27516
A SUMMARY INFORMATION Pin# 9891-80-0703 & 9891-60-4884
Orange County Tax Map Block Lot{a) Township 7
Zoning Dlstrlet(s): RB ----=R=-u-r-a....i,......,Buffer ---~-----
Total Number of Acres: 47 .95
Total Number of Lots: ~11""l9~~--~A:-V8-rage-...,.Lo-tSiz~.-:"'lr--". 2~A"'II"'?"'C.-----:-Ml~n""':l-mu-m--:Lot,-·""'-::SI""'z*-:....l-.-,O~AlI'"C,... ---
NunmerfTyPeofStruc1urea:lexlstlng)3 / house + 2 harns(proposed) 19 Single FamlIy Homes
Unear Feet In streets: 2 , 12 0 LF Acres in Open Spac.: .=2:.=1;..:.c..;5~A~C=:-."...". _
Water Supply: . Public (specify) Community X We 11 IndiVidual
Wa$leWater Disposal: Public (specify) Community X Sept i c Individual
SChool District: CH -Carr School Fire DIStrlct:.;;.N~e...w:.:...,;H:.:.o=p.;;;e~F...:i:;.;:r;;..;e=:..-_
General Land Uses In Area:Residential & Vacant Lands
CriUealAreas: Stream & Buffer on Site streamldrainageways flc>odpron.....
Jordan Lake Unprotected w..ralled (specify) historic sitesoth.r (.xplain)~. _
Is the property to b••ubdlvlded currently under "farm use value taxation"? Yes __ No --L. If "yes," ple..e
contact the Orange County Tax Office. Subdivision of the property may require payment of deferred tax..under
"farm use value taxation,"
All plats must be submitted on sheet no smaller than one Inch equals two-hundred feet (1"=200') and no larger than
one Inch equals twenty feet (1 "=20') and must contain the following information:
CPK subdivision name CPK zoning of tract and adjacent
propel1les
name & address of own.r(s) CPK buIlding Htb8ck line.'by notation or
typical lot layout
CPK name & address of subdivider CPK location and width of eXisting and
(Rother than owner) proposed easements (drain*Q.,
utilities. roads, etc.)
CPK CPK
name of surveyor, engineer. Iand~e exIsting, pro~ and adjoining
architect or archlMd, address, rights-of-way Including dimensions
registration' & sui and skeet n.me.aod~tateRoad
CPK (title) Preliminary Plan numbera. Un.... feet of road
CPK Kale, north arrow centerllnes and approximate acreage
•CPK date of plan preparation and revisions of new stre.t rights..of-way
N/A. township, tax map-block-Iot rer.nmc.. CPK existing and proposedutIJltles,
CPK Parent f'arcelldentlflcatlon , Including type. sIZeS. hydrants,
deed book and page II of property to be valves, manholes
subdlvtded
CPK boUndary described with bearings and CPK existing and proposed curbs, gutters
distances and culverts. Including sizes and
grades
24
C
-.:-•. ----_.-....... _ ........ ~'" ""~ MV'V_,,"'" VI
..11*-.._••_•• _••-......-.-........ -......3-.
loIs, Including:and ,excluding area within sidewalks, bike lanes, transitrll)hb'-of-way systems, and bus stopsCPK---.......... control corner CPK
typical street cross~etlonsand
Intersection details Including design
and width of travelway and
CPK shoUldersproposed lot 'linn wlth'dimenslons CPK horizontal alignment, centerlineCPK lot ,. block numbers radius, and general curve data on allN/A phasing IIn8(5) proposed streets
CPK topography at ten (10) foot intervals CPK permanent features such asCPK water bodies, streams, ftoodways and buildings, cemeteries, historic
floodplains landmarksCPK ~ stream buffens CPK adjoining lot layout names ofCPK-location and size of parcels dedicated for adjoining property owners. If
public use, recreational use or reserved subdivided. subdivision plat name,
In common, with purpose noted plat book & page number, and
perimeter lot numbers.CPK Impervious surface data (if located In CPK-'-'- location and size of lots of restricted water supply watershed) development potential and notation
on plat regarding sameCPK vicinity map showing general location of CPK stormwater detention andlor
subdivision with streots and roads retentton sites and undisturbed
Identified by State Road number and areas for Infiltration purposes (if name located in water supply watershed)CPK............ landscaping and buffer requirements
N/A township. corporate and extraterritorial CPK Identified natural areas and wildlife
planning Jurisdiction lines which cross corridors
tho property
OTHER SUBMITTAl-REGUIREMENTS:
1. Twenty-flve (25) copies of the Preliminary Plat.
2. One full size copy of an Orang8 County Tax Map (With tax parcels Involved clearly marked).
3. Where munIcipal aT OWASA sewer Is not available, a copy of the Preliminary Plat indicating Haafth Department
8pproval1Cktnlal for each lot show thereon. '
4. Where a private road Is proposed, 8 written statement by the applicant or his/her authorized representative which
sets for-theJustification for a private road (see Section 1V-B·3-d·1 of the Orange County Subdivision Regulations).
5. Auxillar:y documents, In draft form, prepared In accordance WIth SeCUon VI of this Ordinance which assure
completion and/or maintenance of improvements required by this Ordinance. Such documents may Include, but
not be limited to, a ,privatG road maintonaneo agroomont and artielos of incorporation and restrictlve covenants
pertaining to a hOl11Qowners association. These documents may be required as neGeSsary as evidenc;e that the
ordinance req!Jlrements are being met.
6. Fee -$500 plU$$5.00 per lot (one fee for PreUminary and Final Plat).
7. If the aubdlvl$i(m contains 10 lots or more, the following information shall be submitted with the application:
a. Number of years to bulldout.
b. Number ofhouses to be built during eaeh year untl'l bulldout.
c. Average price of houses Including lots for each year to bulldout.
I certify 'that to the best of my knowledge the information contained above. and in the supporting documents. is a factual representation
of the Pl'Q1)OSQd development. I acknowledge that by signing this application, the Orange County Planning and Inspections Department
is authorized, pursuant to N.C. Gen. Stat Section 153a·360. to make as many inspections of the SUbject property as may be necessary
to verifY that the proposed work ouUined herein is consistent with the provisions of all applicable State and local laws. ordinances and
regulations. By signing this appficatlon, I acknowledge and agree that inspectors, zoning officers, erosion conlrol offICers. and other
staff of the Orange county Planning & Inspections Department have a right. upon presentation of proper credentials. to enter the
subject property at any reasonable hour for the purposes of inspection or other enforcement action.
~~ ///t6 2515"
DATE ~'S SIGNAfRE--------=OA-;';n:=----
Date Paid :--~,Rec;elp1"_,'-:--:~-~-_:""---.........
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RB
ERWI
N
R
D
HOLLOWROCKRD
SHAKO
RI
T
R
L
WH I T F I E L D RD
Jordan LakeUnprotectedWatershed
Soil: WSoil: ApC Soil: Ch
Soil: WmD
Soil: GlF
Soil: ApB
Soil: WsBSoil: WtC2
Soil: ApC
Soil: ApB
Soil: CrB
Soil: GeB
Soil: EnC
Soil: TaD
Soil: W
Soil: W
Soil: CfB Soil: GeCStreams (Deleted)USGS StreamSoils Survey StreamOC Updated StreamStream Buffer 80ft
Floodplain Buffer 80ftParcelsZoningWater BodyWatershed
Soils
100 YR Floodplain(Effective 02/02/07)Floodway(Effective 02/02/07)
500 Year Floodplains(Effective 02/02/07)·
0 100 200Feet
1 inch = 400 feet
Data shown on this map is obtained from Orange CountyGIS and is for reference only.Exact locations and boundaries should be verified.Map prepared by Orange County Planning & Inspections.03/20/2015 - smschultz
Multiple Parcels
Site Assessment for PIN:9891-80-0703 and 9891-60-4884
Site DataZoning: RB - Rural BufferAcreage: 48.0 acresOverlay Districts: Jordan Lake UnprotectedPlat/Legal Description: PIN: 9891-80-0703 DB 5892 / PG 471 PlatBook 58 / PG 21 and PIN: 9891-60-4884 DB 2027 / PG 561 PlatBook 110 / PG 157Recorded Declarations/Covenants: Not Found
Zoning RequirementsMin. Lot Size: 87,120 sq. ft.Min. lot width: 130'Maximum height: 25'Building Setbacks:-Front (and Corner lots) = 40' from public rights-of-way-Side Setbacks = 20' from side lot lines-Rear Yard Setback = 20' from rear lot lines
Note: Lot size, building setbacks and stream buffers mayincrease based on Private Road Justification (UDO 7.8.5).
Environmental Features:-Stream buffers located on lots. Stream buffer is 80 ft (displayed)for northern stream, and 50 ft (SWID) for eastern stream.Waterbody buffer not required for pond, please see SWID fordetails.
Impervious Surface Limits: NA
Land Disturbance Thresholds1) Environmental Control Permit required if disturbing more than20,000 sq.ft.; and2) Stormwater Management Permit required if disturbing morethan 21,780 sq. ft. for residential structures.
Note: Surface Water Identification (SWID) was performed by theOrange County Engineering Erosion Control Division and issuedits findings on February 3, 2015
Date Site Assessment Completed: 3/20/2015 by SMS
26
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
EarthCentric Engineering, Inc.
September 9, 2015
Orange County Planning & Inspections Dept.
Patrick R. Mallett, Planner II
131 W. Margaret Lane
Suite 201
P. 0. Box 8181
Hillsborough, NC 27278
Reference: ECE#14-044 – Henderson Woods response to Preliminary Plan Review
Comments
Dear Reviewers:
Attached are the requested revisions to the above referenced project. All comments have
been addressed as indicated below.
I. Cover Sheet:
1. Provide a site total below Parcel 1 and 2 in the Project Data Table;
Site totals provided.
2. Your density is correct. However, the density should be noted as unit per acres
(i.e. 1 unit per 2.52 acres);
Density notation changed as requested.
3. Itemize the linear feet in all access easements; and
Access easement lengths are now itemized.
4. Provide a note stating that any proposed road names will be submitted to
Orange County Land Records for review and approval prior to recordation to
ensure the names meet the County's Addressing Ordinances and policies.
Please be advised that Shakori Trail is the name of the current Private Road. At
this time, it is uncertain whether the name would remain when converted to a
public road.
Notation added.
II. Existing Conditions (Sheet C-2):
1. Provide topographic contours for the entire site;
204 West Clay Street
Mebane, NC 27302
Phone: (919) 563-9041
Fax: (919) 304-3234
27
September 9, 2015
Page 2
GIS contours are now provided outside of the approximately 100’ wide
surveyed corridor along the proposed roadway. The GIS elevations do
not precisely match the as-surveyed elevations but they are within an
acceptable tolerance and the slope trends are generally consistent.
2. Illustrate potential wetlands and note regarding USAEC 404 Permitting
requirements.
The northern wetlands and the associated buffer are now shown as they
were indicated by S&EC using GIS location data. The southern
wetlands is currently under re-review by S&EC and we anticipate
reclassification shortly. Consequently, we currently show no buffer
around the indicated area. If, after review, any work affecting any
wetlands is indicated, the proper 404 permits will be acquired prior to
construction.
3. Illustrate "Edges of pavement" along Erwin and Whitfield roads;
Edges of pavement have now been added to Erwin and Whitfield roads
past the boundaries of the Henderson Woods property. The EOP is
based on GIS data and surveyed rights-of-way for the roads.
4. Illustrate existing trees stands/tree lines with sample vegetation and
specimen trees with types heights, Caliper/DBH (e.g. 60% evergreen trees
primarily loblolly pines range in height from 30-60' in height and 10"-32"
caliper inches in size as measured from Diameter Breast Height; and 40%
understory and canopy hardwoods....");
Existing tree lines have been added to the drawings based upon
Orange County GIS orthophotos of the site. The site consists of a mix
of both mature evergreen and deciduous trees. However, as a formal
tree survey is not required by the UDO, tree caliper, height and
species mix have not been indicated on the plans as they have not
been determined.
5. Illustrate septic systems and additional wells on the property with notes
regarding removal;
A note regarding proper abandonment of the existing well and septic
field has been added.
6. Note sources for data; and
A note listing the sources for the various data presented on the plans
has been added to the lower left corner of the page.
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September 9, 2015
Page 3
7. Please show the adjacent uses around the proposed subdivision (e.g.
developed single-family residential).
Standard use codes have been added to the basic data blocks for each
of the adjacent properties (SFR – Single Family Residential, CMSC –
Commercial Miscellaneous, etc.)
Ill. Site Plan (Sheet C-3):
1. Illustrate potential well and septic areas or provide additional sheet with
this information;
A new sheet, C6.0 (Utility Plan) has been added to the submittal set.
It shows soils, potential building locations and the septic fields as
identified and located by the Health Department on GIS data (see
attached report) and some potential well locations. The purpose of
this information at this stage of design is only to show the basic
viability of the lots. Currently S&EC is evaluating and flagging the
septic locations for R.S. Jones & Associates to survey. The applicant
understands that prior to final approval all lots must have adequate
well locations and septic fields identified that comply with all Orange
County requirements for size, flow, setbacks, etc.
2. Categorize and quantify each Primary and Secondary Area;
Where the Health Department indicated primary and secondary areas in
their report, the septic fields shown on sheet C6.0 have been split. The
Health Department did not do this for most of the lots (see attached
report).
3. Include a Site Summary (you can repeat data from cover page);
The site summary data from the cover sheet has been repeated here on
sheet C3.0
4. Include and label easements for sidewalks outside of rights-of-way;
A variable width easement (from 15’ to 25’ wide) has been added to the
plans outside of the street right-of-way. The width varies to accommodate
the meandering nature of the applicant’s preferred sidewalk layout.
5. Planning staff recommends ending sidewalks before cui-de-sacs to cut-down
on extraneous concrete and impervious surface;
The applicant prefers to continue the sidewalk around the cul-de-sacs to
provide a continuous walking path for the residents.
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September 9, 2015
Page 4
6. Illustrate the end of the Shakori Trail right-of-way and beginning of access
easement to serve norther lots;
Any access easement overlap with the new (public) Shakori Trail has been
removed. The access easement now begins at the Erwin Road right-of-
way ends at the cul-de-sac bulb. Although unpaved past the intersection
with “Road B” the public right-of-way continues up to the northern
boundary of the site.
8. Consider tapering EOPs/curb to transition to the above private drive;
The pavement now shown tapering over a length of 50’ from the roadway
width down to the 12’ width of the existing gravel private drive.
9. Indicate surfacing for access easements (paved//gravel?);
The pavement in the area of the former access easement remains gravel
past the “T” turnaround at “Road B”.
10. It was Planning staff's understanding that a gate would be installed on
Shakori Trails for access and Emergency Services access, but there is no
gate depicted on the site plan. Please add the gate along with mention of a
means of access for emergency services;
A gate is now shown towards the Erwin Road end of the access
easement. It is located 60’ past the Erwin Road right-of-way line.
11. Detail more definitively the storm drainage easements;
The area for the storm drain easements is now shaded in an effort to make
them stand out more. They are still somewhat obscured on the 100 scale
site plan but they do appear clearly on all of the 40 scale plan and profile
sheets. I think this is the best we can do.
12. Show which sidewalks are ADA accessible and maximum grades; and
The plan and profile sheets now indicate (at the bottom of the profile) the
areas where the sidewalk meets ADA requirements. Slopes are shown at
the road centerline and are the same at the sidewalk except where it is
indicated that the sidewalk slope meets ADA requirements (5% or less)
while the centerline slope is greater.
13. Define amenities planned around pond area (a gazebo and community
garden were envisioned in the concept plan).
The gazebo, garden and play area amenity near the mail kiosk has been
indicated on sheet C8.0, the Landscape and Lighting plan. It is more
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September 9, 2015
Page 5
visible here than on the site plan due to text conflicts and the 100 scale
size.
IV. Grading and Storm Drainage (Sheet C-4):
1. Delineate storm drainage easements;
As noted above, the storm drain easements are now shaded so as to
stand out more, but they are shown far more clearly on the plan/profile
sheets.
2. Show limits of disturbance(s), and notes if necessary, if you intended to
select grade for the single-family lots;
Limits of disturbance are now included on the new C5.0 Erosion Control
sheet.
3. Illustrate silt and tree protection fencing and detail cut sheets for both;
The standard combination silt fence/tree protection fence is now indicated
on the EC plan, sheet C5.0. It sits generally just outside the sidewalk
easement.
4. Illustrate temp and permanent erosion control and stormwater devices
and measures;
EC measures are now shown on sheet C5.0, and permanent measures
such as riprap aprons are on sheet C4.0.
5. Add standard Erosion Control, stormwater, land disturbance and Solid
Waste Management notes (e.g. "No open burning or dumping...). Also, add
note acknowledging that Erosion Control and Stormwater Plans and permits
will be required prior to land disturbing activity.
Solid Waste requested that their notes appear on the cover sheet. Item #2
in the standard grading and storm drainage notes (sheets C1.0 and C4.0)
covers the need for permits before land disturbing can commence.
V. General Recommendations and request for additional provisions
1. Consider adding a phasing plan as part of the approval. Otherwise, all of
the project's infrastructure (e.g. roads, sidewalks, BMPs) will need to be
built or bonded prior to recordation. A phasing plan may allow you to
develop the infrastructure proportionally. In other words, without a Phasing
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September 9, 2015
Page 6
Plan approved by the Orange County Board of Commissioners, you are
committing to building all the infrastructure up front;
A phase line now appears on sheet C3.0, with Phase 1 being the entrance
road and all lots west of the first intersection, and Phase 2 being the
remainder of the proposed lots.
2. Provide an Landscape and Lighting Plans to demonstrate compliance with
UDO Landscape requirements (e.g. street trees and between lot plantings)
and Lighting requirements;
A landscape and lighting plan, sheet C8.0 has been added to the
submittal set. The lighting portion consists only of a note stating that per
the UDO lighting shall be designed and provided by Duke Energy and that
they will submit the proper plans prior to construction of any light
fixtures.
3. Provide details and dimensions for the mail kiosk and bump out; and Provide at
note regarding signage for subdivision (e.g. "Signage for the development
shall comply with UDO Section 6.12: Signs").
The draft NCDOT detail for a mail kiosk bump out on a public street is
now included on sheet D4.0. That is all that is available at this time. Prior
to construction, we will coordinate with NCDOT on the bump-out design if
they have not yet released a final detail.
4. Please reference comments in the attached email, dated July 23, 2015, by
Jeff Scouten of Orange County Solid Waste Management.
See comments below.
Orange County Solid Waste Management
1. Plan Sheet C1.0 (Cover Sheet) - Add the following standard OCSW notes:
[construction waste notes removed from comment for brevity]
The indicated notes have been added to the cover sheet.
2. Plan Sheet C3.0 (Site Plan) - The minimum radius for each of the 2 proposed cul-de-
sacs needs to be 43' 6" (effective 44') to the face of curb in order for the County's
recycling trucks to get around them without having to make backing movements
and/or 3 point turns. The radius as shown on the plan appears to be 35' to the face
of curb.
Per discussions with staff (and based on previously approved designs used in
Orange County), four 20’ wide public access shared drives (two at each cul-de-
sac) have been added to give Solid Waste’s trucks sufficient space to perform
a 3-point turn using those drives plus the standard NCDOT 35’ radius cul-de-
32
September 8, 2015
Page 7
sac. See sheet C3.0 and the plan/profile sheets for additional detail. The
shared drives shall have the same pavement cross section as the NCDOT
roadway in order to properly support the trucks' weight.
Any department not listed above did not provide comments or issued an approval. I believe
you will find these revisions adequately address your concerns and appreciate your
cooperation on these reviews. Should you have any questions or concerns regarding the
attached information, please contact me at (919) 563-9041.
33
34
35
36
37
38
39
40
41
MEMORANDUM
To: Patrick R. Mallett, Planner, Planning and Inspections Department
From: Rich Shaw, DEAPR Land Conservation Manager
Peter Sandbeck, DEAPR Cultural Resources Coordinator
Date: September 18, 2014
Re: Henderson Woods Major Subdivision
Thank you the opportunity to review and comment on the proposed Henderson Woods major
subdivision. The development would create 19 single-family lots on 48 acres at the intersection
of Whitfield Road and Erwin Road (Rural Buffer; Jordan Lake Unprotected Watershed).
DEAPR comments on subdivisions are generally intended to a) address any concerns with
respect to potential impacts on important natural or cultural resources, and b) identify any
areas that might be desirable for possible dedication to the County for public recreation/open
space pursuant to Section 7.11.5 of the Unified Development Ordinance.
Natural Resources Review Comments:
The planned development would set aside 21.51 acres of open space (44.9% of the property)
consisting of protected riparian buffers along two New Hope Creek tributary streams and
roadside buffers adjacent to Whitfield Road and Erwin Road. The property shares a 1,200-foot
common boundary with Duke Forest and the plan calls for retaining an undisturbed 100-foot
buffer along that common boundary.
Overall, the plan appears consistent with the County’s desire to minimize adverse environmental
impacts with respect to the protection of floodplains, wetlands, natural areas and wildlife
habitat. There are no known natural resource areas of high significance (e.g., natural heritage
areas, recommended wildlife corridors) located on this property that would warrant potential
DEAPR involvement in protecting the open space.
Cultural Resources Review Comments: There are no known/identified cultural resources on or
immediately adjacent to this property. As always, the developer should be aware of the
possibility of finding unmarked or poorly-marked graves when clearing and grading any rural
property. Orange County maintains a detailed map of all known or identified cemeteries and
burials, available through the Planning and Inspections Department. The willful disturbance or
desecration of any gravesite or burial is a violation of state law. Anyone who encounters what
appears to be a burial or grave should immediately contact the Orange County Cultural
Resources Coordinator at 919-245-2517.
If you have questions please contact Rich at x-2514 or Peter at x-2517.
43
44
45
46
47
48
MINUTES 1
PLANNING BOARD 2
JUNE 3, 2015 3
REGULAR MEETING 4
5
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lydia Wegman-At-Large Chapel 6
Hill Township (Vice Chair); Tony Blake, Bingham Township Representative; Paul Guthrie, At-Large Chapel Hill 7
Township; Buddy Hartley, Little River Township Representative; Bryant Warren, Hillsborough Township 8
Representative; Laura Nicholson, Eno Township Representative; Lisa Stuckey, Chapel Hill Township Representative; 9
Maxecine Mitchell, At-Large Bingham Township; Herman Staats, At-Large, Cedar Grove Township; James Lea, 10
Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 11
12 MEMBERS ABSENT: None 13
14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Ashley Moncado, 15
Special Projects Planner; Rachel McCook, Planning Technician; Erica Gray Administrative Assistant II; 16 17 AGENDA ITEM 7: MAJOR SUBDIVISION CONCEPT PLAN: To review and make a decision on a Major 18
Subdivision Concept Plan (using the Flexible Design Option) application 19
(Henderson Woods) seeking to subdivide a 48 acre parcel of property into 19 20
single family residential lots with 21.2 acres (44% of the site) held in common open 21
space. The proposed subdivision is located at the intersection on Erwin Road and 22
Whitefield Road in Chapel Hill Township. 23
24
Presenter: Michael Harvey, Current Planning Supervisor 25
26
Michael Harvey: Reviewed abstract. 27
28
Craig Benedict: To conceptionalize the difference between a conventional subdivision and this flexible 29
conservation cluster. The conventional would give you 19 2.5 acre lots. The flexible with give you 19 1.2 30
acre lots and 21 acres of open space. Everyone living within the project would have a share of this 31
common open space. This is the tendency over the last 10 years for people to have a smaller lot to have 32
the extra space for common open space. 33
34
Tom Heffner: My name is Tom Heffner and I am the developer of Henderson Woods. I have done a 35
number of subdivisions in the area, Creekwood, Northfield, etc. I felt it was more desirable to have open 36
space rather than larger lots. We came in with a plan, got comments from staff and made modifications, 37
had the neighborhood information meeting, listened to their comments and input, made revisions to the 38
proposal based on those comments. Talked to NCDOT and made their modifications. We believe this 39
proposal captures most concerns and represents a reasonable project for the area. 40
41
Pete Hallenbeck: The existing road that comes through and Michael said you can’t get rid of the right of 42
way but it would be limited to the occupants of technically the people in this subdivision couldn’t use that 43
road to get out onto Erwin. 44
45
Tom Heffner: NCDOT has been explicit in saying they didn’t want that to become a secondary entrance 46
because that road is so close to a signalized intersection. We would pave that road and put a gate on it so 47
the folks who have a right to use it could open the gate to use it. 48
49
Andrea Rohrbacher: What about delivery trucks? 50
Attachment 4 49
51
Tom Heffner: FedEx will be encouraged to use the subdivision streets rather than the private road. 52
53
Pete Hallenbeck: Is that road going to be taken off the GIS system as a road that segment there? If you 54
don’t it would show up for emergency responders as a valid route they could take. 55
56
Craig Benedict: Probably addressing off that road and emergency services has a point on Erwin Road 57
where they expect to see that road. They will have an asterisk on it because of what has happened around 58
it but my thought process is that if the address is off that road indicate the point of entry for those lots, it will 59
remain on the GIS system. 60
61
Pete Hallenbeck: They are currently switching to a system of closely dispatch that looks for all possible 62
roads and routes and there is no mechanism to show if the road is full access or not. 63
64
Michael Harvey: You will probably see that occur if the project is approved and recorded. This will remain 65
as an easement (Mr. Harvey was pointing to a map of the identified easement area) but the road name will 66
be removed. 67
68
Paul Guthrie: On the open space buffering outside the lot, what is going to be the legal long-term 69
ownership and legal responsibility for that property? 70
71
Tom Heffner: It would be owned by a homeowner’s association as incorporated body. Their legal 72
documents would require their ownership and their maintenance of the property and then in turn there 73
would be homeowner’s dues paid by the people living in the subdivision that would fund that work on an 74
ongoing basis. 75
76
Michael Harvey: If this is approved with a flexible development layout, there will be provisions in the 77
resolution of approval as there are in all major subdivision based on the flexibility and design guidelines to 78
preclude the clearing of the trees within the dedicated open space except for any activity recognized by the 79
board such as the installation of a trial or recreation area. 80
81
Paul Guthrie: My question was about long term liability and things that take place on that and the ability or 82
not of that being removed from open space. 83
84
Michael Harvey: This area could not be removed from open space unless the applicant came back to the 85
county to request a modification of the major subdivision. I will state that we would probably object to it 86
being removed because that is how it was originally approved and we are not interested in seeing 87
dedicated open space turned into developed area. 88
89
James Lea: Does Lot 9 actually take up part of the pond? 90
91
Tom Heffner: Yes. The pond size will be modified. Since it is not a spring fed pond, in the summer when 92
we have less rain, it drops significantly so my goal is that we will reduce the physical area of the pond to try 93
to have a more stable water level. The line is showing the maximum size of the pond. 94
95
James Lea: What happens when you have flooding with the pond? 96
97
Tom Heffner: Earth Centric engineering is doing storm water plan we have had several meetings on how to 98
handle that. We can increase the storm water flow downstream to the properties over to the right. We are 99
50
trying to utilize the pond as a storm water retention device so in maximum flow areas, the pond will serve to 100
retain storm water so it will be release more gradually after the storm event is over. 101
102
Pete Hallenbeck: It looks like the drainage to the pond is out the center. Is that through a drain pipe? 103
104
Tom Heffner: I don’t know. 105
106
Pete Hallenbeck: If it is, you should still have a cut away for hurricane events. 107
108
Tom Heffner: That will be part of the design. 109
110
Michael Harvey: I would like to remind the board that on pages 34 and 35, we have provide the board with 111
an email exchange from David Sykes and Jason Shepard of Orange County Emergency Services as well 112
as Mike Tapp who is the deputy chief of the local volunteer fire department indicating there are two existing 113
water sites that would support fire suppression activity. The question was asked, does this pond need to 114
be turned into a water source. Mr. Tapp has indicated it does need to be there as there are existing water 115
sources they will take advantage of. We did not require a stand pipe for this pond. 116
117
Lydia Wegman: How many properties currently use Shakori Trail as an access point? 118
119
Tom Heffner: There are two properties. One property has two houses and the other has one building. 120
121
Lydia Wegman: There is no expectation of expansion? 122
123
Tom Heffner: Those people probably do have subdivision rights there. 124
125
Lydia Wegman: They would have rights? 126
127
Tom Heffner: Exactly. 128
129
Maxecine Mitchell: I take it the threshold for not having some type of recreational, are we going to be faced 130
with someone saying I want to put a pool but I don’t have enough impervious surface to do anything? 131
132
Michael Harvey: This parcel of property is not located in a protected or critical watershed overlay district so 133
there is no impervious limit. There are open space requirements on the lots but nothing that would 134
preclude them from putting in a pool. The applicant is providing walkways but they are electing to do a 135
payment-in-lieu to the County allowing for regional park development. In other words the applicant will give 136
the county money that will go to developing parks in the area. 137
138
James Lea: You said there would be walkways, does that mean sidewalks and if so, who maintains those 139
sidewalks? 140
141
Tom Heffner: The homeowners association. I do a meandering concrete sidewalk behind the DOT street 142
right of way. I am going to do sidewalk on both sides and then another section of sidewalk will come down 143
toward the pond. The combination of sidewalks on both sides will give about a mile of walking trail. 144
145
Unidentified Female: Are these houses essentially like the ones in Creekwood? 146
147
Tom Heffner: Based on the probable lot size will be. 148
51
149
Unidentified Male: And the size of those houses will be? 150
151
Tom Heffner: I would guess will be between 4,000 to 6,000 feet. On restricted covenants, I tend to put a 152
pretty low restrictive covenant number in. The minimum square footage will be 2,500 feet. 153
154
MOTION made by Lydia Wegman to approve the flexible development concept plan. Tony Blake 155
seconded. 156
VOTE: Unanimous 157
158
52
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 7, 2015
Action Agenda
Item No. 9
SUBJECT: Unified Development Ordinance Text Amendment – Public Hearing Process
Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Comprehensive Plan/UDO Amendment
Outline Form
2. Statement of Consistency
3. Proposed Text Amendments
4. Timeline Examples
Perdita Holtz, Planning, 245-2578
Craig Benedict, Planning, 245-2592
PURPOSE: To make a recommendation to the Board of County Commissioners (BOCC) on text
amendments to the Unified Development Ordinance (UDO) initiated by the Planning Director to
revise the existing public hearing process for UDO-, Comprehensive Plan-, and Zoning Atlas-
related items.
BACKGROUND: The “Amendment Outline Form” (Attachment 1) for these amendments was
approved by the BOCC at its June 2, 2015 regular meeting, after discussion of the topic at the
May 12, 2015 BOCC work session. Please see Section B of Attachment 1 for background and
analysis, including information on three objectives near the bottom of page 3 of the Amendment
Outline Form.
The amendment was presented at the September 8, 2015 quarterly public hearing. Agenda
materials from that meeting are available at
http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/150908.pdf. The video
for the public hearing is available for viewing at: http://orange-
nc.granicus.com/MediaPlayer.php?view_id=2&clip_id=958. Planning Board members who were
not able to attend the quarterly public hearing are encouraged to view the video prior to the
Planning Board meeting.
As a result of comments made at the public hearing, the following modifications have been made
to the amendment materials (depicted in orange text in Attachment 3):
• The newspaper legal advertisement for Special Use Permits will be retained. Staff will
work on language to be included in the legal ads to clarify who may testify in quasi-judicial
matters since the general public does not have standing in quasi-judicial matters but may
attend the hearing.
• The notice distance requirement for all types of amendments or projects that require
mailed notification is proposed to be increased from 500-feet to 1,000-feet. Staff is
53
proposing that notices be mailed via first class mail instead of certified mail, as is currently
done, to keep costs and staff time lower.
Additionally, the BOCC requested input from the Planning Board on whether a quorum of
Planning Board members should be necessary in order to hold a quarterly public hearing. The
language of the text amendments in Attachment 3 does not require a quorum of Planning Board
members in order to hold a quarterly public hearing.
At the request of Planning Board Chair Hallenbeck, staff created examples of expected timelines
for the revised processes. These examples are included in Attachment 4.
Procedural Information: In accordance with Section 2.8.8 of the UDO 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
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 2 and proposed amendment package contained in Attachment 3.
FINANCIAL IMPACT: Existing staff will complete the necessary work required for this project.
Adoption of the proposed revisions is not expected to cause significant financial impacts
(negative or positive).
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals is applicable to
this agenda item:
GOAL: Enable Full Civic Participation
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Provide input to the BOCC on whether a quorum of Planning Board members should be
necessary in order to hold a quarterly public hearing,
2. Deliberate on the amendments as desired,
3. Consider the Planning Director’s recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency and proposed
amendment package in time for the November 5, 2015 BOCC meeting
54
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-09
Revisions to Public Hearing Process
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): 1.6.2, 2.1, 2.2, 2.3, 2.7, 2.8, 2.9, 2.11.6 (correct typo), 2.12.6, and
5.10.2.
Other: Planning Board Rules of Procedure to: 1) require that the Planning
Board Chair (or Vice-Chair in Chair’s absence) attend quarterly public
hearings and BOCC meetings at which a decision is scheduled for items
on which the Planning Board has made a recommendation; and 2) to
encourage Planning Board members to attend Neighborhood
Information Meetings (NIMs) for Class A Special Use Permits and
Conditional Zoning Districts and to address procedures for notification
regarding NIMs.
B. RATIONALE
Attachment 1
2
1. Purpose/Mission
To consider revisions to the current public hearing process for Comprehensive Plan,
Unified Development Ordinance, and Zoning Atlas amendments.
County staff and elected officials received comments during development of the
Comprehensive Plan (2008) and Unified Development Ordinance (2011) about the
perceived need to streamline and speed up decisions on applications.
2. Analysis
This topic was discussed extensively in 2014, after being heard at the September
2014 quarterly public hearing. The public hearing for the amendments, as proposed
in 2014, was closed in November 2014 when it became apparent that the proposal
would change significantly enough to require another public hearing. The topic was
recently discussed at the May 12, 2015 BOCC work session. Work session materials
include links to prior materials and are available at:
http://www.orangecountync.gov/150512.pdf.
The Ordinance Review Committee (ORC), a function of the Planning Board, reviewed
draft language in July and August 2015. At the time, internal staff/attorney review
was ongoing and the materials to be presented at public hearing have been modified
from the versions the ORC reviewed. ORC agenda materials and meeting notes are
available at:
http://www.orangecountync.gov/ORC_Agenda_Packet_July_2015.pdf
http://www.orangecountync.gov/7_1_15_ORC_Notes.pdf
http://www.orangecountync.gov/ORC_Agenda_Package___Aug_2015.pdf
http://www.orangecountync.gov/8_5_15_ORC_Notes.pdf
Proposed Revisions
The following revisions are being proposed:
Planning Board review/recommendation would occur prior to the public
hearing for both legislative and quasi-judicial (Class A Special Use Permit)
items. (The existing process is for Planning Board review/recommendation to
occur after the public hearing).
o Notification of the Planning Board meeting would be mailed/posted for
items requiring such notice (e.g., map amendments or development
projects) and the public would be able to address the Planning Board at
its meeting. The proposed process would allow for public notification
and involvement earlier than the existing process.
No longer require a quorum of Planning Board members in order to hold a
quarterly public hearing. Planning Board members would still be expected to
attend the hearing but a quorum of members would not be necessary in order
for the hearing to be held. This revision would mean that the quarterly public
hearings would no longer be considered joint BOCC/Planning Board hearings
since, without a quorum requirement, the Planning Board could not be
considered an official board in attendance.
o Revise the Planning Board Policies and Procedures to require that the
Planning Board Chair, or Vice-Chair in the Chair’s absence, attend the
3
quarterly public hearings and also the BOCC meetings at which a
decision is scheduled for items on which the Planning Board has made
a recommendation.
Allow Comprehensive Plan amendments to be heard at any quarterly public
hearing. Existing language that states “principal” Comprehensive Plan
amendments are “generally” considered only once per year at the quarterly
public hearing in February is proposed for deletion (Section 2.3.7).
Additionally, language that classifies Comprehensive Plan amendments into
“principal” and “secondary” amendments (Section 2.3.4) is proposed for
deletion because it is relevant only in conjunction with Section 2.3.7.
Legal advertisement of quasi-judicial hearing items: due to comments made
at the September 8, 2015 public hearing, staff is suggesting that the
newspaper legal advertisement for Special Use Permits will be retained and
that staff work on language to be included in the legal ads to clarify who may
testify in quasi-judicial matters. [Within the materials presented at the public
hearing, the Attorney’s office had suggested that Special Use Permit
applications (both Class A and Class B) no longer be included in legal
advertisements since the general public does not have standing to participate
in quasi-judicial hearings.]
Mailed Notification Distances: Due to comments made at the September 8,
2015 public hearing, the notice distance requirement for all types of
amendments or projects that require mailed notification is proposed to be
increased from 500-feet to 1,000-feet. Staff is proposing that notices be
mailed via first class mail instead of certified mail, as is currently done, to keep
costs and staff time lower.
Closure of public hearings: Modifications in Section 2.3.11, 2.7.9, and 2.8.9
would mean that the BOCC would close the public hearing the night of the
hearing. At that time, the BOCC could defer a decision to a later BOCC
meeting date; make a decision; or, as a procedural right not included in the
text of the UDO, send an application back to the Planning Board for further
review. If the BOCC chooses to defer a decision to a later meeting date,
legislative items could be listed on the future BOCC agenda as “Regular
Agenda” items and additional public comment could be accepted. The
existing requirement for only written comments after the quarterly public
hearing is proposed for deletion.
o In order to meet legal sufficiency requirements, hearings for quasi-
judicial items (Class A Special Use Permits) would be continued to a
date/time certain if additional evidence is requested at the quasi-judicial
hearing. The date/time certain could be a regular BOCC meeting (e.g.,
not necessarily the next quarterly public hearing). Written evidence
after the quasi-judicial hearing would no longer be permitted.
The BOCC may wish to consider adding an additional heading to
its agendas: Quasi-Judicial Hearings, along with a note
explaining that only persons with legal standing can participate in
quasi-judicial hearings. Quasi-judicial items deferred for decision
to a later meeting date or for which the hearing was continued in
order to receive additional evidence would be listed on the
BOCC agenda under this new heading.
4
As has been discussed in the past, the bases for some of the proposed revisions are
as follows:
1. Allow the public to make comments at the end of the process.
2. Do not require a quorum of Planning Board members in order to hold a public
hearing.
3. Streamline and speed up the review/decision process when possible.
The proposed revisions are expected to achieve these objectives. When the BOCC
discussed this topic at its May 12, 2015 work session members indicated that if the
process were revised it should be evaluated after one year to ensure it was working
as intended and satisfactorily. If the proposed revisions are adopted, an evaluation
can be scheduled for a year later. Any future revisions to the UDO would need to be
brought forward to a future public hearing.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
June 2, 2015
b. Quarterly Public Hearing
September 8, 2015
c. BOCC Updates/Checkpoints
May 12, 2015 – work session
July 1, 2015 – Planning Board ORC (agenda materials are available to all
interested persons)
August 5, 2015 – Continuation of Planning Board ORC (agenda materials are
available to all interested persons)
November 5, 2015 – receive Planning Board recommendation and make decision
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
5
Orange County ordinance requirements.
a. Planning Board Review:
Amendments proposed in 2014 were discussed extensively by the Planning
Board in October, November, and December 2014. This discussion informs the
2015 proposed amendments.
July 1, 2015 – ORC (Ordinance Review Committee)
August 5, 2015 – ORC (continued from July 1)
October 7, 2015 - recommendation
b. Advisory Boards:
c. Local Government Review:
Proposed text amendments were sent
to JPA partners (Towns of Chapel Hill
and Carrboro) on August 7, 2015 in
accordance with the JPA Agreement
since any project in the Rural Buffer
requiring a public hearing would be
subject to a revised process. To date,
no comments have been received
from the JPA partners.
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 FY2015-16 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
General Public:
Small Area Plan Workgroup:
Other:
6
If adopted, the amendments would revise the existing process used by Orange County
to review Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas
amendments.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 3.
Primary Staff Contact:
Perdita Holtz, AICP
Planning Department
919-245-2578
pholtz@orangecountync.gov
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to revise the existing public hearing process.
The Planning Board finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
Land Use Goal 6: A land use planning process that is transparent, fair,
open, efficient, and responsive.
c. The amendment is reasonable and in the public interest because it:
1. Allows public participation and comments earlier in the review process than
the existing process.
2. Streamlines and speeds up the review and decision process for low
controversy applications while retaining the potential for additional review
time when warranted.
3. Allows the public to offer comments to elected and appointed officials
throughout the legislative process.
4. Provides a greater level of legal sufficiency for applications reviewed under
the quasi-judicial process (e.g., Special Use Permits).
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
______________________ ________________________
Pete Hallenbeck, Chair Date
Attachment 2
61
Amendment Package to Revise the Existing Public Hearing Process
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text to revise the existing public hearing process for Comprehensive Plan-
and Unified Development Ordinance-related hearing items. This proposal would revise the
existing cadence and have the Planning Board make its recommendation before the public
hearing. See Section B of the Amendment Outline Form (Attachment 1 of agenda item
materials) for a more detailed analysis of the proposed revisions.
Additions/changes proposed as part of the September 8, 2015 quarterly public hearing materials
are depicted in red. Revisions made after the public hearing are shown in orange text. 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 red strikethrough or orange strikethrough text.
Proposed modifications to the Planning Board Policies and Procedures are also part of this
amendment package.
62
Article 1: Administration
Section 1.6: Planning Board
Orange County, North Carolina – Unified Development Ordinance Page 1-11
(C) Each Township within the County shall be represented in the membership of the Board
by at least one resident.
(D) The Board of County Commissioners may by resolution establish rules related to the
requirements for volunteer service on the Planning Board, appointment and removal of
Planning Board members, and rules of procedure.
(E) In establishing the Planning Board and its program, the Board of Commissioners intends
that the Planning Board be guided by the following principle:
(1) The Comprehensive Plan, and any ordinances or other measures to effectuate it,
shall be made with the general purpose of guiding and accomplishing a
coordinated, and harmonious development of the County which will, in
accordance with present and future needs, best promote health, safety and the
general welfare, as well as efficiency in the process of development; including,
among other things, adequate provisions for traffic, the promotion of safety from
fire and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of populations, the promotion of good civic
design, wise and efficient expenditure of public funds, and adequate provision of
public utilities, services, and other public requirements, and conservation of
significant natural and man-made resources within the County.
1.6.2 Tenure and Membership Expectations
(A) The tenure of office shall be three years. Members are eligible for reappointment for a
second consecutive full term. After two consecutive terms a member shall be ineligible
for reappointment for one year after the expiration of the previous terms.
(B) Appointments shall be made so that one-third of the terms expire in March of each
calendar year.
(C) Appointments made to fill vacancies shall be for the unexpired term and shall not be
counted as a term in determining eligibility for reappointment.
(D) A member whose term has expired shall continue to serve on the Board until his/her
respective successor has been appointed.
(E) Attendance at the regular meetings of the Board and at quarterly public hearings 1 shall
be considered a prerequisite for maintenance of membership on the Planning Board.
The Board of County Commissioners may declare a vacancy on the Planning Board
because of a member's non-attendance, in accordance with the Planning Board Rules of
Procedure.
(F) Absence due to sickness, death of an immediate family member or similar reason shall
be considered approved absences and shall not affect the member's status. In the event
of long illness or other cause for prolonged absence, the member shall be replaced.
(G) The Board of County Commissioners may by resolution establish rules related to tenure
and membership expectations. If the terms of such resolution, or policy created thereby,
conflict with the terms of this section 1.6.1 or 1.6.2 the terms of the resolution or policy
shall control.
1.6.3 Duties
As provided for in 153A-321 of the General Statutes of North Carolina, as amended, the Planning
Board shall have the following general Powers and Duties:
(A) Make studies of Orange County and surrounding areas;
(B) Determine objectives to be sought in the development of Orange County;
(C) Propose and recommend plans for achieving these objectives;
1 Proposed addition to clarify that Planning Board members are expected to attend the quarterly public hearings.
63
Orange County, North Carolina – Unified Development Ordinance Page 2-1
ARTICLE 2: PROCEDURES
SECTION 2.1: REVIEW AND DECISION MAKING AUTHORITY – SUMMARY
TABLE
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
TABLE 2.1: REVIEW AND DECISION MAKING AUTHORITIES
R=REVIEW DM=DECISION MAKER PH=PUBLIC HEARING
ZONING/DEVELOPMENT
REVIEW RELATED
PROCEDURES
PLANNING
DIRECTOR
EROSION
CONTROL
OFFICER
DEVELOPMENT
ADVISORY
COMMITTEE
(DAC)
BOARD OF
ADJUSTMENT
PLANNING
BOARD BOCC
Zoning Compliance
Permits R and DM R R
Soil Erosion and
Sedimentation Control
Permits
R and DM
Stormwater Management
Plans R and DM
UDO Text Amendments R R R [1] DM and
PH
Zoning Atlas
Amendments R R R [1] DM and
PH
Special Use Permits R R R DM and PH
Class B
R [1]
Class A
DM and
PH
Class A
Zoning Variances R R DM and PH
Conditional Use R R R R [1] DM and
PH
Appeals/Interpretations R R DM and PH
Comprehensive Plan
Amendments R R [1] DM and
PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R R R R and DM
[2]
R and
DM
Conditional Use R R R R [1] R, DM,
and PH
Appeal
NOTES
[1] The Planning Board attends a Joint Public Hearing with the BOCC to review all zoning related items requiring
a public hearing. The Planning Board will have the item referred to it and shall have up to 90 days to
comment on the application. The Planning Board reviews applications and makes a recommendation prior
to the public hearing held by the Board of County Commissioners. The Board of County Commissioners
may choose to refer an application back to the Planning Board at the conclusion of the public hearing.
[2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a recommendation
on the Preliminary Plat to the BOCC.
64
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-4
(A) If the Board of County Commissioners denies an application, or the application is
withdrawn subsequent to notice of the public hearing thereon, no application for the same
or similar amendment, affecting the same property or a portion of it, may be submitted for
a period of one year. Said one year
period begins on the date of denial or
withdrawal, as appropriate.
2.2.9 Manner of Review 2
Applications requiring a public hearing shall be
reviewed using either a legislative process or a
quasi-judicial process as follows:
(A) Comprehensive Plan amendments –
legislative
(B) Special Use Permits – quasi-judicial
(C) Zoning Atlas and Unified Development
Ordinance amendments – legislative
(D) Conditional Use District (CUD) – rezoning
portion is legislative; Special Use Permit
portion is quasi-judicial
(E) Conditional Zoning District (CZD) -
legislative
SECTION 2.3: COMPREHENSIVE PLAN
AMENDMENTS
2.3.1 Review and Approval Flow Chart
The review and approval process for
Comprehensive Plan Amendments is shown in the
procedure’s flowchart.
2.3.2 Generally
(A) The Comprehensive Plan shall be so
prepared that all or individual elements
and parts thereof may be adopted and/or
amended by the Board of Commissioners.
(B) For the purpose of establishing and
maintaining sound, stable, and desirable
development within Orange County, the
Comprehensive Plan or portion thereof
shall not be amended except as follows:
(1) Because of changed or changing
conditions in a particular area or
areas of the County;
(2) To correct an error or omission; or
2 Proposed to be added to provide clarity on which type of review process is used for the various types of
applications that require a public hearing. Staff is not suggesting adding the specifics of each process in the UDO
as specifics may change as case law is made or State statutes are modified.
BOCC Decision
Submission of
Application
Text Land Use Plan
(Map)
Publish Legal Ad
Post Sign
Mail Notice
Publish
Legal Ad
If Principal
Amendment, Public
Hearing in Feb. [1];
If Secondary
Amendment, Public
Hearing in Feb, May,
Aug, or Nov
Staff Recommendation
to Planning Board
Staff and PB Recommendation
to BOCC
[1] If principal amendment is County initiated, it
may be scheduled by BOCC at any quarterly Public
Hearing.
Comprehensive
Plan
Amendment
Classification -
Text or Land Use Plan (Map)
See proposed revised
flow chart on next page
65
BOCC Decision
Application
Submittal
Text Future Land Use Map
Publish Legal Ad
(Both Amendment Types)
Quarterly Public
Hearing
Staff and Planning Board
Recommendation to BOCC
Comprehensive
Plan
Amendments
Post Sign / Mail Notice for
Planning Board Meeting
and Public Hearing
Development Advisory
Committee Meeting
Staff Recommendation to
Planning Board
Planning Board Review
and Recommendation
Note: This chart is meant as a graphical
representation of the UDO text; the text shall take
priority in any conflict or ambiguity.
Proposed flow chart for Section 2.3.1
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Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-5
(3) In response to a change in the policies, objectives, principles or standards
governing the physical development of the County.
2.3.3 Initiation of Amendments
(A) An amendment to the Comprehensive Plan or portion thereof may be initiated by:
(1) The Board of Commissioners on its own motion;
(2) The Planning Board;
(3) Application, by any person or agency, which accurately and completely sets forth
the reason(s) for the proposed amendment as prescribed in Section 2.3.2(B); or
(4) The Planning Director.3
(B) Once initiated, all amendments shall be referred to the Planning Board.4
2.3.4 Classification of Amendments 5
Amendments to the Comprehensive Plan or portion thereof are classified as "principal" or
"secondary" amendments.
(A) Principal Amendments Include
(1) Additions to or modifications of policies, objectives, principles or standards;
(2) The creation of new activity nodes or additions to existing activity nodes which
exceed ten acres in land area; or
(3) Proposals for new freestanding plan areas or additions to existing areas that
exceed 100 acres in land area.
(B) Secondary Amendments Include
(1) The expansion of an activity node where the additional area is contiguous to an
existing node and does not increase its land area by more than ten acres;
(2) The expansion of a designated plan area where the additional area is contiguous
to the existing plan designation and does not increase its land area by more than
100 acres;
(3) A correction of an error or omission; or
(4) Revisions to any factual or descriptive material.
3 (1) through (4) are currently (A) through (D). This section has been reformatted on the advice of the Staff
Attorney.
4 These proposed revisions here and on subsequent pages incorporate the discussion the Planning Board had in
October, November, and December 2014 and which the BOCC discussed on May 12, 2015. The cadence of the
review process would be revised to have the Planning Board make its recommendation prior to the public hearing.
Notices would be mailed to nearby property owners and a sign(s) would be posted; this revision will notify nearby
property owners of potential changes much earlier in the process. Although the Planning Board meeting would
not be an official public hearing, the public could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process) and the Planning Board can take all public
comments into consideration when making its recommendation.
5 Staff proposes that this entire section (2.3.4) be deleted because it is relevant only in conjunction with Section
2.3.7. Rather than limiting “principal” amendments to being heard “generally” only once per year (as Section 2.3.7
does), staff proposes that any Comprehensive Plan amendment could be heard at any of the quarterly public
hearings. Deletion of this subsection will cause the renumbering of subsequent subsections in Section 2.3.
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Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-6
2.3.5 Public Hearing Required
A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment.
The Board of County Commissioners and the Planning Board 6 shall hear applications and receive
public comment for proposed Comprehensive Plan amendments in a Quarterly Public Hearing.
2.3.6 Notice Requirements for Planning Board Meetings and Public Hearings
(A) The Planning Director shall provide notice of Planning Board meetings at which the
Planning Board is to review and make a recommendation on Future Land Use Map
amendments and Quarterly Public Hearings at which an amendment to the Future Land
Use Map is to be reviewed. Notifications of proposed Future Land Use Map
amendments shall occur as follows:
(1) Notice of the Planning Board meeting and public hearing shall be posted on the
affected parcel or on an adjacent public right of way a minimum of ten days prior
to the Planning Board meeting. Said notice shall contain the time and location of
both the Planning Board meeting and public hearing.7
(a) When multiple parcels are affected, a posting on each individual parcel is
not required, but sufficient notices shall be posted to provide reasonable
notice to interested persons.
(2) Written notice of the Planning Board meeting and public hearing shall be sent by
first-class mail to all property owners, as listed in the Orange County tax records,
whose property is affected or within 500 one thousand 8 feet of the affected
parcel(s). Said notice shall be mailed at least 15 days prior to the date of the
Planning Board meeting and shall include the times and locations of both the
Planning Board meeting and public hearing.
(B) The Planning Director shall provide public notice for any Comprehensive Plan
amendment to be heard at a Quarterly Public Hearing. The notice shall include the time
and location of the public hearing.9
(C) For all proposed amendments, Notice notice of the public hearing shall be given by
publishing said notice at least twice in a newspaper of general circulation in the County,
stating the time and place of such hearing and the substance of the proposed
amendment.10
(1) This notice shall appear in said newspaper for two consecutive weeks with the
first notice appearing not less than ten days nor more than 25 days before the
date set for the public hearing. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included.
(2) The minimum published size of the notice shall be 25 square inches.11
(D) In the case of amendments to the Land Use Plan (map), the Planning Director shall
prominently post a notice of the public hearing on the site proposed for the land use
6 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing, the public
hearing would no longer be considered a joint hearing.
7 The Planning Board has stated that it would like the public to have notice of its meetings when it is considering
amendments so the public can attend the meetings and provide comments if desired. Staff is proposing that the
notice for the Planning Board meeting and the later quarterly public hearing be combined into one notice so that
two notices are not required to be mailed for Comprehensive Plan amendments.
8 As a result of comments made at the September 8, 2015 public hearing, the notification boundary is proposed to
be expanded from 500 feet to 1,000 feet.
9 Proposed addition made by the Staff Attorney.
10 This language is currently (A) but has been automatically re-numbered due to a new (A) and (B) being proposed
for addition.
11 (C)(1) and (C)(2) are currently (C) and (D) but have been recommended as subparagraphs by the Staff Attorney.
68
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-7
change or on an adjacent public street or highway right of way not less than ten days
before the date set for the public hearing.
(1) When multiple parcels are included within a proposed Land Use Plan (map)
amendment affected, a posting on each individual parcel is not required, but the
county shall post sufficient notices to provide reasonable notice to interested
persons.
(E) In the case of amendments to the Land Use Plan (map), written notice of the public
hearing shall be sent by first-class mail to all property owners, as listed in the Orange
County tax records, whose property is affected (property that is included in the proposed
land use plan amendment) and all property owners or within 500 feet. Said notice shall
be mailed at least 14 days, but not more than 25 days, prior to the date of the public
hearing.12
2.3.7 Consideration of Amendments 13
(A) Principal amendments shall generally only be considered once each year at the quarterly
public hearing in February. A proposed amendment may be considered at any Board of
County Commissioners meeting designated as a Quarterly Public Hearing.
(B) If a principal amendment is scheduled by the Board of County Commissioners for other
than the February quarterly public hearing, it shall be scheduled during one of the
quarterly public hearings held in May, August, and November .
(C) Secondary amendments may be considered four times each year at the a quarterly joint
public hearings, in February, May, August, and November.
(D) A proposed amendment may be considered in conjunction with a rezoning request for the
same property if the requests are in compliance with an adopted small area plan.14
(E) Requests for a rezoning not in compliance with an adopted small area plan, conditional
use district, and/or special use permit may only be considered at subsequent hearings or
meetings following approval of the proposed amendment to the Comprehensive Plan.15
2.3.8 Application Requirements
(A) Generally
(1) All applications for amendments to the Comprehensive Plan shall be submitted
on forms supplied by the Planning Department and shall be signed.
(2) Three copies of the application shall be submitted to the Planning Director.
12 (D) and (E) have been rewritten and combined into (A) above.
13 Staff proposes this section be modified, in conjunction with the proposed deletion of Section 2.3.4, so that any
proposed amendment to the Comprehensive Plan can be heard at any of the quarterly public hearings, rather than
limiting “principal” amendments to “generally” only the February QPH. (It is noteworthy that principal
amendments in recent years have been heard at hearings that were not in February, such as the land use
classification change in the Efland-Mebane corridor where Morinaga’s factory is now located, which was heard at a
May QPH).
14 The Staff Attorney has recommended deletion of this provision due to concerns over who determines
compliance with a small area plan and how compliance is determined.
15 The Staff Attorney has recommended deletion of this provision because of the modification made in (D). If the
modification in (D) is not made, the language of (E) should be modified because of the concern that a restriction on
a rezoning application has been placed in the Comprehensive Plan amendment section.
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Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-8
(3) Before accepting any amendment application, the Planning Director shall ensure
that it contains all required information, as specified in this Ordinance.
Applications which are not complete, or otherwise do not comply with the
provisions of this Ordinance, shall not be accepted by the Planning Director, but
shall be returned to the applicant, with a notation by the Planning Director of the
deficiencies in the application.
(B) Contents of Application
Applications for amendments to the Comprehensive Plan, without limiting the right to file
additional material, shall contain at least the following:
(1) For amendments to the Land Use Plan (map) Future Land Use Map 16 within the
Land Use Element, a map at a legible scale adequately illustrating the land which
would be covered by the proposed map amendment, and a complete list of
Property Identification Numbers (PIN) for the properties;
(2) For amendments to the Comprehensive Plan text, a copy of the existing text
provision(s) which the applicant proposes for amendment, and a written
statement which describes in detail changes which the applicant proposes to
make to the text of the Comprehensive Plan and the rationale for the proposed
amendment consistent with the standards established in this Ordinance; and
(3) All other circumstances, factors and reasons which the applicant offers in support
of the proposed Comprehensive Plan amendment.
2.3.9 Analysis and Recommendation
The Planning Director shall 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.
2.3.10 Planning Board Review
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings unless the Board of County Commissioners grants
an extension.
(C) If the Planning Board fails to make a recommendation within the time allotted in
subsection (B), the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board’s recommendation to the Board of
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.
(A) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(B) The Planning Board shall review and comment on applications and shall make one of the
following recommendations prior to the quarterly public hearing:
16 The name of this map was changed in the Comprehensive Plan in 2012 and should be updated here.
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Article 2: Procedures
Section 2.4: Zoning Compliance Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-9
(1) Recommend approval,
(2) Recommend denial,
(3) Recommend approval but with specified changes.
(4) Recommend the Planning Board be given extended time to consider the matter.
(C) Should the Planning Board fail to make a recommendation prior to the quarterly public
hearing, the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.17
2.3.11 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of proposed
amendment until hold a public hearing after the Planning Board either makes its
recommendation or takes no action on the application as prescribed in this section within
30 days of its referral.18
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
(C) The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or
portion thereof from the Planning Board, shall consider such recommendations and adopt
them by resolution, either unchanged or with modifications.
(B) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) make a decision.
(C) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board’s recommendation, and the Planning Director’s
recommendation.
SECTION 2.4: ZONING COMPLIANCE PERMITS
2.4.1 Applicability
(A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any
new site development, building, structure, or vehicular use area may be erected,
constructed or used.
(B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a
Zoning Compliance Permit except for:
(1) Single-family detached dwellings and duplexes, and accessory structures to
those residential uses shall require a plot plan as detailed within Section 2.4.3 of
this Ordinance.
17 This paragraph is a slight modification from existing paragraph (C), which is proposed to be deleted. It addresses
what happens in the event the Planning Board fails to make a recommendation (namely, that the process moves
forward without a Planning Board recommendation).
18 The Staff Attorney has suggested this paragraph be rephrased to make it affirmative.
71
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-19
(3) Accessory Structures with any dimension that is 12 feet or greater in height,
width, or depth, meeting requirements of Section 6.6.1(B)(8).
SECTION 2.7: SPECIAL USE PERMITS
2.7.1 Generally
(A) Any use or development designated by applicable zoning district regulations contained
within Article 5 as a special use, or as
allowed only pursuant to a special use
permit (either Class A or Class B), may be
established in that district only after the use
or development is authorized by a validly
issued and recorded special use permit.
(B) This section sets forth required review and
approval procedures for submittal, review,
and approval of applications for special use
permit.
(C) A special use permit authorizes its holder to
use or develop a particular parcel of land in
a particular way, as specified by the terms
and conditions of the special use permit.
(D) A special use permit imposes on its holder
the responsibility of ensuring that the
authorized use or development continues to
comply with the terms and conditions of
approval.
(E) Issuance of a special use permit does not
relieve the holder of the special use permit
of the additional responsibility of obtaining a
building permit or any other permit or
approval required by any other applicable
law.
2.7.2 Review and Approval Flow Chart
The review and approval process for Special Use
Permits is shown in the procedure’s flowchart.
2.7.3 Application Requirements
(A) Applications for a Special Use shall be
submitted on forms provided by the Planning
Department in accordance with Section 2.2
of this Ordinance.
(B) Applications shall include:
(1) A full and accurate description of the
proposed use, including its location,
appearance, and operational
characteristics.
(2) The name(s) and address(es) of the
owner(s) of the property involved.
Application
Submittal
Class B SUP
scheduled for
review by
Board of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by
BOCC /
Planning Board
at a quarterly
public hearing
Staff Application Review and
Formal Recommendation
Planning Board recommendation
sent to County Commissioners for
decision
Application
forwarded to
Planning Board for
review and
recommendation
Board of
Adjustment
holds public
hearing in a
quasi-judicial
format and
renders a
decision on
application
Staff advertises
meeting (newspaper
ad, property posting,
adjacent property
letters)
Joint public
hearing held in
a quasi-
judicial format
to review
application
Special Use
Permit
See proposed revised
flow chart on next page
72
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
Application
Submittal
Class B SUP: Schedule
NIM, DAC & Board of
Adjustment quasi-
judicial hearing
Class A SUP: Schedule NIM,
DAC, Planning Board meeting &
BOCC quasi-judicial hearing
BOCC decision
Planning Board for
review and
recommendation
Board of
Adjustment
decision
Publish Legal Ad, Post
Sign & Mail Notice for
Public Hearing
BOCC holds quasi-
judicial hearing at
quarterly public hearing
Special Use
Permit
Neighborhood
Information
Meeting
Post Sign & Mail
Notice for
Neighborhood
Information
Meeting (NIM)
Development
Advisory
Committee (DAC)
Meeting
Staff Review/
Analysis Begins
BOA holds quasi-
judicial hearing
Post Sign & Mail Notice for
Neighborhood Information
Meeting (NIM) & Planning
Board meeting
Publish Legal Ad, Post
Sign & Mail Notice for
Public Hearing
Development
Advisory
Committee (DAC)
Meeting
Neighborhood
Information Meeting
Proposed flow chart for
Section 2.7.1
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Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-20
(3) Relevant information needed to show compliance with the general and specific
standards governing the Special Use (See Articles 5 and 6).
(4) For Class A Special Uses 26 copies of the site plan, and for Class B Special
Uses 10 copies of the site plan, prepared by a registered North Carolina land
surveyor, landscape architect, architect, or engineer, which shall contain the
information listed in Section 2.5.
(5) If the application involves a Preliminary Subdivision Plat, 26 copies of the Plat
prepared in accordance with Section 7.14 shall be provided.
(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.
(7) Elevations of all structures proposed to be used in the development.
(8) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of
the Environmental Assessment and/or Environmental Impact Statement, if
required by Section 6.16.
(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.
(10) Statement from the applicant indicating the anticipated development schedule for
the build-out of the project.
(11) Statement from the applicant in justification of any request for vesting for a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(1) Applications for agricultural support enterprise uses located within the Rural
Buffer land use classification, as depicted on the Future Land Use Map of the
adopted Comprehensive Plan, shall be forwarded to the County’s Agricultural
Preservation Board for review and comment.
(a) The Agricultural Preservation Board shall have 30 calendar days to
provide comments. If comments are not received within this timeframe,
the application review process shall not be delayed.
(b) For purposes of this subsection, agricultural support enterprise uses
shall be defined as those permitted in the ASE-CZ zoning district, as
detailed within Section 5.2.3 of this Ordinance.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
(D) The Planning Director shall not make a recommendation on the general findings detailed
within Section 5.3 of this Ordinance 19
19 The Staff Attorney has suggested this language be removed. In instances where Planning staff is asked for an
opinion or asked questions about the findings of fact, having this language in the UDO could be problematic
because it could create a large gray area. (Section 1.4 of the UDO allows the Planning Director to designate other
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Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-21
2.7.5 Neighborhood Information Meeting
(A) Before a Public Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
shall mail certified notices of the meeting date and time to each property owner within
500 one thousand 20 feet of the property for which a Special Use has been requested.
(C) The applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
(E) The meeting shall be held a minimum of 45 days prior to the date of the Public Hearing.
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
2.7.6 Notice Requirements for Class A Special Use Permits
(A) The Planning Director shall give notice of the date, time and place of the Planning Board
meeting at which the Planning Board is scheduled to review a Special Use Permit
application.
(1) Written notice shall be sent by first class mail to all adjacent property owners not
less than ten days before the Planning Board meeting date. Adjacent property
owners are those whose property lies within five hundred one thousand feet of
the affected property and whose names and addresses are currently listed in the
Orange County tax records.
(2) The Planning Director shall post on the affected property a notice of the Planning
Board meeting at least ten days prior to the date of said meeting.
(3) Notices may be combined with notice of the Neighborhood Information Meeting
required in Section 2.7.5.
(B) The Planning Director shall give public notice of the date, time and place of the public
hearing to be held to receive comments, evidence in the form of 21 testimony and exhibits
pertaining to the application for a Special Use.
staff members to administer, interpret, and enforce the UDO; the term Planning Director is used throughout the
UDO for consistency).
20 As a result of comments made at the September 8, 2015 public hearing, the notification boundary is proposed to
be expanded from 500 feet to 1,000 feet.
21 The Staff Attorney has suggested this language modification since SUP applications are quasi-judicial in nature
and require testimony rather than comments.
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Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-22
(1) Written notice shall be sent by certified first class 22 mail to all adjacent property
owners not less than 15 days at least ten days but not more than 25 days 23
before the hearing date. Adjacent property owners are those whose property lies
within five hundred one thousand feet of the affected property and whose names
and addresses are currently listed in the Orange County tax records.
(2) The Planning Director shall post on the affected property a notice of the public
hearing at least ten days but not more than 25 days 24 prior to the date of said
hearing.25
(3) Such notice Notice of the public hearing 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 nor more than 25 days
prior to the date of the hearing. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included.26
2.7.7 Notice Requirements for Class B Special Use Permits
Notice Requirements for Class B Special Use Permits shall follow the procedures in Section
2.12.6.
2.7.8 Nature of Proceedings
(A) The review of Special Use Permit applications shall be conducted during a public hearing
by the decision-making board.
(B) The review of a Special Use Permit application is a quasi-judicial process, where the
Board responsible for rendering a decision acts much like a panel of judges. The Board
hears factual evidence and sworn testimony presented at an evidentiary hearing, and
then makes findings of fact supported by competent, substantial, and material evidence.
(C) The chair or presiding officer of the hearing shall swear all parties intending to present
evidence or testimony during the hearing.
(D) The chair or presiding officer may take whatever action is necessary to limit testimony to
the presentation of new factual evidence that is material to the application, to ensure fair
and orderly proceedings, and to otherwise promote the efficient and effective gathering of
evidence. Such actions may include:
(1) Barring the presentation of obvious hearsay evidence,
22 State statutes do not require mailing via certified mail. Because of the proposed notification distance increase
(from 500 feet to 1,000 feet), staff is suggesting that notices be mailed via first class mail in order to keep costs and
necessary staff time lower.
23 Language modification is being suggested to be consistent with Statutes and to ensure the outer limit of 25 days
is not inadvertently missed. Because notices for the Neighborhood Information Meeting (and Planning Board
meeting, if these proposed text amendments are adopted) are sent more than a month before this notice for the
public hearing, notification to the public regarding proposed projects is occurring much sooner in the review
process than in the past.
24 Language modification is being suggested to be consistent with Statutes and to ensure the outer limit of 25 days
is not inadvertently missed.
25 C(1) and (2) are currently (C) and (D) in the adopted UDO but have been indented one level to flow better in this
subsection.
26 This language is currently (B) in the adopted UDO. The Staff Attorney had suggested that published newspaper
advertisements for quarterly public hearings omit SUP applications since the general public does not have standing
in such matters and cannot participate. At the September 8, 2015 public hearing, comments were received to
continue to publish SUP notices in the legal advertisements but to add additional language to the legal ad if
necessary for legal sufficiency reasons. Therefore, the language has been restored and depicted in orange colored
text and has been indented one level to flow better within the subsection. Planning and Attorney staff will work
together to ensure future legal ads are modified as necessary.
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Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-23
(2) Barring the presentation of non-expert opinion,
(3) Interrupting digressions into immaterial testimony,
(4) Interrupting repetitive testimony,
(5) Reasonably limiting the time allotted each witness or cross-examination,
(6) Providing for the selection of spokespersons to represent groups of persons with
common interests,
(7) Interrupting personal attacks, and/or
(8) Ordering an end to disorderly conduct.
(E) Where the Board finds compliance with the general standards, specific rules governing
the specific use, and that the use complies with all required regulations and standards,
the application must be approved unless the Board shall also find, in some specific
manner, that:
(1) the use will not maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated according to the
plan as submitted.
(F) Those opposing approval of the application on the grounds that the use will not promote
the public health, safety and general welfare shall have the burden of establishing, by
competent material and substantial evidence, the specific manner in which the proposed
use does not satisfy the requirements for approval of the application for a Special Use.
2.7.9 Review and Decision
(A) For Class A Special Use permitsPermits, the following shall apply:
(1) All applications shall be referred to the Planning Board for review and
recommendation after the Neighborhood Information Meeting but prior to the
public hearing.27
(2) The Planning Board shall make a recommendation and proposed findings of fact
on the application, including the findings required in Section 5.3.2 of this
Ordinance 28. The Planning Board’s action on an application shall be one of the
following:
(a) Recommend approval based on proposed findings of fact,
(b) Recommend denial based on proposed findings of fact,
(c) Recommend approval based on proposed findings of fact but with
specified conditions.
(3) Should the Planning Board fail to make a recommendation prior to the public
hearing, the application shall be forwarded to the Board of County
Commissioners without a Planning Board recommendation.
27 The Staff Attorney has advised that a greater level of legal sufficiency is reached if the Planning Board reviews
applications and makes its recommendation prior to the quasi-judicial hearing than during or after the hearing.
28 The Planning Board has stated it wants to make a recommendation on the findings required in Section 5.3.2
(e.g., use will promote public health, safety, and welfare; use will maintain or enhance value of contiguous
property; location and character of use is in harmony with the area). Staff notes that an applicant cannot be
required to divulge the evidence they intend to present at the evidentiary hearing (quasi-judicial hearing). In the
event an applicant chooses to withhold information until the quasi-judicial hearing, there may be cases where the
Planning Board will not have access to all information at its meeting. In such cases, the Planning Board may note
deficiencies in information in its recommendation.
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Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-24
(4) The Board of County Commissioners and Planning Board 29 shall review the
application during a regularly scheduled public hearing a meeting designated as
a Quarterly Public Hearing.
(5) All evidence shall be submitted during the public hearing. If additional evidence
is requested by the Board of County Commissioners during a hearing which must
be submitted at a later date, the hearing shall be continued to a date/time certain
in order to receive the additional evidence.30
(6) Following review at a public hearing the Special Use permit application shall be
referred to the Planning Board for its consideration and recommendation.
(7) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does
not so direct, the Planning Board shall make its recommendation within three
regularly scheduled meetings.
(8) If the Planning Board fails to make a recommendation within the time allotted
within subsection (3) above, the application shall be forwarded to the Board of
County Commissioners without a Planning Board recommendation.
(9) After receipt of any Planning Board recommendation and closure of closing the
public hearing, the Board of County Commissioners shall take action upon the
application. This action shall be one of the following do one of the following:
(a) Approval;
(b) Approval with conditions; or
(c) Denial.
(a) Defer action to a later Board of County Commissioners meeting date, or
(b) Act upon the application.
(10) Board of County Commissioner action on the application shall include making
appropriate findings of fact pursuant to Section 2.7.11, stating whether the board
concludes each of the applicable standards have been met and one of the
following:
(a) Approval;
(b) Approval but with specified conditions as provided in Section 2.7.12; or
(c) Denial.
(B) For Class B Special Use Permits, the following shall apply:
(1) The Board of Adjustment shall review the application during a regularly
scheduled public hearing.
(2) The Board of Adjustment shall conduct the hearing in accordance within the
provisions detailed in this Section as well as those contained within Section 2.12.
(3) After completion of closing the public hearing, the Board of Adjustment shall take
action upon the application. This action shall be include making appropriate
findings of fact pursuant to Section 2.7.11, stating whether the board concludes
each of the applicable standards have been met and one of the following:
(a) Approval;
29 While the Planning Board is expected to attend the public hearing, a quorum of Planning Board members will
not be necessary in order to conduct the hearing.
30 In order to meet legal requirements for quasi-judicial proceedings, staff is suggesting this proposed language.
Evidence would no longer be allowed to be submitted in writing after the quasi-judicial hearing. Instead,
additional evidence would have to be presented by experts at a subsequent hearing (which does not necessarily
have to be a quarterly public hearing date).
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Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-25
(b) Approval but with specified conditions as provided in Section 2.7.12; or
(c) Denial.
2.7.10 Standards of Evaluation
The following specific standards shall be used in deciding on an application:
(A) The project meets all applicable design standards and other requirements of this
Ordinance.
(B) The development can reasonably be completed within the vesting period requested, if
any.
(C) Where vesting in excess of two years is requested, the project is located in an area
where current issues under study do not involve potential amendments to the
Comprehensive Plan and/or this Ordinance.
2.7.11 Required Findings
(A) A resolution or motion to approve the application must include the findings of fact and
conclusions of law that support the decision. Any proposed conditions of approval must
also be included in the resolution or motion to approve the application.
(B) A resolution or motion to deny the application must state findings of fact and conclusions
of law that support the decision.
(C) If a resolution or motion to approve the application fails, the application is deemed
denied. Those members voting against the resolution or motion must state which of the
conclusions of law they could not reach as well as findings of fact on which their inability
to reach the conclusions is based.
2.7.12 Conditions of Approval
(A) The Board of County Commissioners or the Board of Adjustment, as appropriate, may
impose such reasonable conditions upon approval of a Special Use as will afford
protection of the public health, safety and general welfare, ensure that substantial justice
is done, and equitable treatment provided.
(B) Conditions shall run with the land and use, and shall be binding on the original
applicant(s) as well as all successors, assigns and heirs.
(C) The Special Use Permit shall include a statement that if any condition of a Special Use
Permit shall be held invalid or void, then the permit itself shall be void and of no effect.
(D) It shall be stated in the Special Use Permit that the Permit shall automatically expire
within 12 months of the date of approval if the use has not commenced or construction
has not commenced or proceeded unless a timely application for extension of this time
limit is approved by the Board of County Commissioners as provided in Section 2.7.13.
2.7.13 Notification of Board Action
(A) The Planning Director shall send a notice of the relevant Board’s action on the application
by certified mail to the applicant. A copy of the decision shall be filed in the Planning
Department within five business days of the relevant Board’s action.
(B) The Planning Director, in the case of approval or approval with conditions, shall issue the
necessary permit in accord with the Board's action.
(C) The Planning Director, but not a designee, shall certify that the Special Use Permit with
any imposed conditions is as approved by the Board of County Commissioners or Board
of Adjustment, as appropriate, with a report provided to the County Manager.
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Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-28
SECTION 2.8: ZONING ATLAS AND UNIFIED
DEVELOPMENT ORDINANCE AMENDMENTS
2.8.1 Review and Approval Flow Chart
The review and approval process for a Zoning Atlas and Unified
Development Ordinance Amendment is shown in the
procedure’s flowchart.
2.8.2 Amendment Initiation
(A) An amendment to this Ordinance or the Zoning Atlas
may be initiated by:
(1) The Board of County Commissioners on its own
motion;
(2) The Planning Board;
(3) Application, by any person or agency, or
(4) The Planning Director.
(B) If a request for consideration of an amendment proposal
is submitted directly to the Board of County
Commissioners, said Board may decline to consider the
request or may refer the amendment proposal to the
Planning Director for preparation of an amendment
application.
(C) Once initiated, all amendments shall be referred to the
Planning Board.31
2.8.3 Contents of Application
Applications shall contain the following:
(A) For amendments to the Zoning Atlas:
(1) A map at a legible scale showing the land which would be covered by the
proposed amendment, and
(2) A legal description of the land.
(B) For amendments to the Unified Development Ordinance text:
(1) A copy of the existing text provision(s) which the applicant proposes for
amendment, and
(2) A written statement which describes in detail the changes the applicant proposes
to make.
(C) The alleged error in the Zoning Atlas and/or Unified Development Ordinance text that
would be corrected by the proposed amendment with a detailed explanation of such error
31 These proposed revisions here and on subsequent pages incorporate the discussion the Planning Board had in
October, November, and December 2014 and which the BOCC discussed on May 12, 2015. The cadence of the
review process would be revised to have the Planning Board make its recommendation prior to the public hearing.
Notices would be mailed to nearby property owners and a sign(s) would be posted; this revision will notify nearby
property owners of potential changes much earlier in the process. Although the Planning Board meeting would
not be an official public hearing, the public could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process) and the Planning Board can take all public
comments into consideration when making its recommendation.
Decision by the BOCC
Staff Assessment
and Analysis
Planning Board Review
and Recommendation
Schedule/Advertise
Public Hearing and
Mail Required
Notifications
Hold Public Hearing
and Receive Public
Comments
Zoning Atlas and
UDO Amendments
Application
Submittal
See proposed revised
flow chart on next page
80
BOCC Decision
Development Advisory
Committee Meeting
Planning Board Review
and Recommendation
Quarterly Public Hearing
Zoning Atlas and
UDO Amendments
Application
Submittal
Post Sign / Mail Notice for
Neighborhood Info. Meeting
(NIM) and Planning Board
Meeting
Neighborhood
Information Meeting
Post Sign / Mail Notice
for Planning Board
Meeting
Staff and PB Recommendation
to BOCC
Staff Recommendation to
Planning Board
Zoning Atlas:
Conditional Zoning
Districts
Zoning Atlas:
General Use
Zoning Districts
Text Amendments
Text
Amendments:
Publish Legal Ad
Atlas Amendments:
Publish Legal Ad
Post Sign
Mail Notice
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
Proposed flow chart for Section 2.8.3
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Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-29
in the Zoning Atlas and/or Unified Development text and detailed reasons how the
proposed amendment will correct the alleged error;
(D) The changed or changing conditions, if any, in the area or in the County generally, which
makes the proposed Zoning Atlas and/or Unified Development Ordinance text
amendment reasonably necessary to promote the public health, safety and general
welfare;
(E) The manner in which the proposed Zoning Atlas and/or Unified Development Ordinance
text amendment will carry out the intent and purpose of the adopted Comprehensive Plan
or part thereof; and
(F) A traffic impact study as required by Section 6.17.
(G) For amendments to the Special Flood Hazard Area Overlay District, pertaining to a Letter
of Map Amendment:
(1) An elevation certificate with either an MT-1, MT-2, or MT-EZ (forms available
through FEMA), or
(2) A “No-Impact” analysis for a Letter of Map Revision.
(H) All other circumstances, factors and reasons that the applicant offers in support of the
proposed Zoning Atlas and/or Unified Development Ordinance text amendment.
2.8.4 Applications for Amendment – Joint Planning Area
Applications for amendments to the Orange County Unified Development Ordinance and Zoning
Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development
Ordinance (and Zoning Maps) and/or the Carrboro Land Use Ordinance (and Zoning Maps) shall
be processed as specified herein and as specified in the Joint Planning Agreement adopted
November 2, 1987, and as amended from time to time.
Any text amendments adopted by Orange County shall be adopted by reference as though fully
set forth herein. Any map amendments adopted by Orange County shall be officially denoted on
the County Zoning Atlas. Where there is inconsistency between the amendment procedures
contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint
Planning Agreement shall apply.
2.8.5 Review, Analysis and Recommendation
(A) The Planning Director shall 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.
(B) Applications for agricultural support enterprise uses located within the Rural Buffer land
use classification, as depicted on the Future Land Use Map of the adopted
Comprehensive Plan, shall be forwarded to the County’s Agricultural Preservation Board
for review and comment.
(1) The Agricultural Preservation Board shall have 30 calendar days to provide
comments. If comments are not received within this timeframe, the application
review process shall not be delayed.
(2) For purposes of this subsection, agricultural support enterprise uses shall be
defined as those permitted in the ASE-CZ zoning district, as detailed within
Section 5.2.3 of this Ordinance.
2.8.6 Public Hearing Required
A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment and/or
text amendment to this Ordinance. The Board of County Commissioners and the Planning
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Orange County, North Carolina – Unified Development Ordinance Page 2-30
Board 32 shall hear applications and receive public comment for Zoning Atlas amendments and/or
text amendments to this Ordinance in a Quarterly Public Hearing.
2.8.7 Notice of Requirements for Planning Board Meetings and Public Hearings
(A) The Planning Director shall provide notification of Planning Board meetings at which the
Planning Board is to review and make a recommendation on Zoning Atlas amendments.
Notifications shall be mailed and posted for the Planning Board meeting in the same
manner as for the public hearing, as detailed in (C) and (D) below. The notice shall
include the time and location of the Planning Board meeting.33
(B) The Planning Director shall cause notice Notice of the public hearing to review the
application and receive public comment shall to be published at least twice in a
newspaper of general circulation in the county, stating the time and place of the hearing
and the substance of the proposed amendment.
(1) Said notice shall appear in said newspaper for two successive weeks with the
first notice appearing not less than ten days nor more than 25 days before the
date set for the public hearing. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included.34
(C) In the case of For amendments to the zoning atlas Zoning Atlas, the Planning Director
shall post on the affected property a notice of the public hearing at least ten days prior to
the date of said hearing.
(D) In the case of For amendments to the Zoning Atlas, written notice shall be sent by
certified mail to the affected property owner and by first class mail to 35 all adjacent
property owners at least 15 days, but not more than 25 days, before the public hearing
date. Adjacent property owners are those whose names and addresses are currently
listed in the Orange County tax records and whose property lies within 500 one
thousand 36 feet of the affected property.
(1) If amendments to the Zoning Atlas are proposed by the County, notice shall be
sent by first class mail to all affected property owners and to all adjacent property
owners within 500 feet as provided in (D) above.37
(E) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
32 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing, the public
hearing would no longer be considered a joint hearing.
33 The Planning Board has stated that it would like the public to have notice of its meetings when it is considering
amendments so the public can attend the meetings and provide comments if desired. This will result in two
mailed notifications/sign postings for Zoning Atlas amendments in order to meet statutory requirements for public
hearings (mailed/posted at least 10 days but not more than 25 days prior to the public hearing)
34 This paragraph has been indented one level to better reflect the cadence of ordinance structure.
35 State statutes do not require mailing via certified mail to adjacent property owners. Because of the proposed
notification distance increase (from 500 feet to 1,000 feet), staff is suggesting that notices be mailed via first class
mail in order to keep costs and necessary staff time lower.
36 As a result of comments made at the September 8, 2015 public hearing, the notification boundary is proposed to
be expanded from 500 feet to 1,000 feet.
37 This paragraph is suggested for deletion because of the proposed modifications in (D) which will allow all notices
(both applicant-initiated and government-initiated) to be sent via first class mail. If the modification in (D) is not
adopted, the language in (D)(1) should not be deleted and the notification distance should be increased from 500
feet to 1,000 feet.
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2.8.8 Planning Board Review 38
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings.
(C) If the Planning Board fails to make a recommendation within the time allotted in
subsection (B) above, the application shall be forwarded to the Board of County
Commissioners without a Planning Board recommendation.
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board’s recommendation to the Board of
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.
(A) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(B) The Planning Board’s action on an application shall be one of the following:
(1) Recommend approval,
(2) Recommend denial,
(3) Recommend approval but with specified changes, or
(4) Recommend the Planning Board be given extended time to consider the matter.
(C) In making its recommendation, the Planning Board shall also approve a statement
describing whether its action is consistent with an adopted comprehensive plan or any
other officially adopted plan that is applicable, and briefly explain why the board
considers the action taken to be reasonable and in the public interest.39
(D) Should the Planning Board fail to make a recommendation prior to the quarterly public
hearing, the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.40
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the proposed
amendment until hold a public hearing after the Planning Board either makes its
38 These proposed revisions incorporate the discussion the Planning Board had in October, November, and
December 2014 and which the BOCC discussed on May 12, 2015. The cadence of the review process would be
revised to have the Planning Board make its recommendation prior to the public hearing. Notices would be mailed
to nearby property owners and a sign(s) would be posted; this revision will notify nearby property owners of
potential changes much earlier in the process. Although the Planning Board meeting would not be an official
public hearing, interested persons could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process) and the Planning Board can take all public
comments into consideration when making its recommendation.
39 Required by NCGS 160A-383.
40 This paragraph is a slight modification from existing paragraph (C), which is proposed to be deleted. It addresses
what happens in the event the Planning Board fails to make a recommendation (namely, that the process moves
forward without a Planning Board recommendation).
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recommendation or takes no action on the application as prescribed in Section 2.8.8(C)
within 30 days if its referral.
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
(C) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) make a decision.
(D) In making its decision, the Board of County Commissioners shall consider adopted plans,
comments made at the public hearing, the Planning Board’s recommendation, and the
Planning Director’s recommendation. The Board of County Commissioners shall also
approve a statement describing whether its action is consistent with an adopted
comprehensive plan or any other officially adopted plan that is applicable, and briefly
explain why the board considers the action taken to be reasonable and in the public
interest.41
2.8.10 Text Revisions Pertaining to Soil Erosion and Sedimentation Control Provisions
(A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control
Commission’s revisions to the State’s Model Soil Erosions and Sedimentation Control
Ordinance and, within 90 days of receipt of the recommended revisions, submit draft
amendments to the North Carolina Sedimentation Control Commission for its
consideration and comments.
(B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission’s
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments to this Ordinance for soil erosion and sedimentation control provisions
shall comply with the requirements in effect for any other text amendment.
2.8.11 Text Revisions Pertaining to Stormwater Provisions
(A) The Erosion Control Officer shall review all of the State Environmental Management
Commission's revisions to the State’s Model Stormwater Ordinance and, within 90 days
of receipt of the recommended revisions, submit draft amendments to the State
Environmental Management Commission for its consideration and comments.
(B) Within 150 days after receipt of the State Environmental Management Commission's
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments to this Ordinance for stormwater provisions shall comply with the
requirements in effect for any other text amendment.
SECTION 2.9: CONDITIONAL DISTRICTS
2.9.1 Conditional Use District (CUD)
(A) Generally
(1) Any use permitted under the CUD process shall conform to all applicable
development regulations for the corresponding general use zoning district as well
as any specific development standards outlined within this Ordinance.
41 Required by NCGS 160A-383.
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(2) The Board of County Commissioners, in reviewing a CUD application, may
impose such reasonable conditions upon approval of a CUD request as will
afford protection of the public health, safety, and general welfare, ensure that
substantial justice is done, and ensure equitable treatment.
(3) Only those conditions mutually agreed to by the applicant and the Board of
County Commissioners may be imposed on a CUD application.
(4) Within the Economic Development Districts (EDDs), there are specific uses that
require approval of a CUD. These uses are noted on the Table of Permitted
Uses – Economic Development Districts (Section 5.2).
(B) Applications
Applications to establish a CUD shall be submitted to the Planning Director and shall be
processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Class A Special Use Permit (Section 2.7), and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CUD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5
including the following:
(i) A detailed description of the proposed use of property including
an outline of the proposed operational characteristics of the
proposed development,
(ii) A detailed traffic survey, regardless of the estimated number of
trips per day, prepared in accordance with all applicable North
Carolina Department of Transportation (NC DOT) requirements
or standards as well as Section 6.17 of this Ordinance,
(iii) The appropriate environmental document prepared in
accordance with Section 6.16; and
(iv) A landscape plan showing the location of on-site significant
trees; proposed screening, buffers, and landscaping; and any
proposed treatment of any existing natural features.
(b) A summary of utility services, including processing of wastewater.
(c) A schedule of construction of all elements of the proposal; and
(d) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) 26 copies of the application package required in (1) above shall be submitted by
the applicant.
(3) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CUD.
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(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CUD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail certified notices of the
meeting date and time to each property owner within 500 one thousand feet of
the property for which a CUD has been requested.42
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
(5) The Neighborhood Information Meeting shall be held a minimum of 45 days prior
to the date of the Public Hearing where the application is scheduled for review
and public comment.
(E) Review and Evaluation of Application
(1) All CUD applications shall be reviewed and acted upon in accordance with the
review procedures for Class A Special Use Permits (Section 2.7).
(2) The following shall be considered when evaluating an application for a CUD:
(a) The policies and objectives of the Orange County Comprehensive Plan,
particularly in relation to the use, proposed site, and surrounding area;
(b) The policies and objectives of any adopted Small Area Plan(s) relating to
the area; and
(c) The potential impacts to the surrounding area including, but not limited,
to: traffic, storm water drainage, compatibility of land use activities, and
land values.
(3) The Board of County Commissioners may attach reasonable and appropriate
conditions to the location, nature, and extent of the proposed use. Such
conditions may address the following:
(a) The characteristics of the proposed use and its relationship to
surrounding property and existing land uses,
(b) The proposed support facilities, such as parking, screening and buffer
areas,
(c) The timing of the proposed development,
(d) Architectural review and controls,
(e) The Permitted and Special Uses allowed under the existing zoning
classification, and,
(f) Other matters that the BOCC may find appropriate or the applicant may
propose.
(F) Ap proval and Conditions
42 This section had not been proposed for modification at the September 8, 2015 public hearing. However, as a
result of comments made at the public hearing, the notification boundary is proposed to be expanded from 500
feet to 1,000 feet for other types of actions so staff is suggesting the increase in this section as well so that
notification distances will be consistent.
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(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.2 Conditional Zoning District (CZD)
(A) Generally
Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific
Conditional Zoning District and detailed in Section 3.8 of this Ordinance shall be
developed.
(B) Applications
Applications to rezone property to a CZD shall be submitted to the Planning Director and
shall be processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5) for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CZD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for MPD-CZ applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater.
(g) A schedule of construction of all elements of the proposal.
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD) CZD shall include the requirements in Section 6.7. The
requirements of (1)(b) through (1)(h) above are applicable for MPD-CZ
applications.
(3) 26 copies of the application package required in (1) and (2) above shall be
submitted by the applicant.
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(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail certified notices of the
meeting date and time to each property owner within 500 one thousand feet of
the property for which a CZD has been requested.43
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.
(5) The Neighborhood Information Meeting shall be held a minimum of 14 days prior
to the date of the Public Hearing where the application is scheduled for review
and public comment.
(E) Review and Evaluation of Application
The review, processing, and evaluation of a CZD application is a legislative process
subject to judicial review using the same procedures and standards of review that apply
to general use district zoning decisions.
(F) Approval and Conditions
(1) The Board of County Commissioners shall take action on the application to
rezone the property in accordance with the procedures outlined within Section
2.8.
(2) The applicant or the County may recommend that reasonable and appropriate
conditions be attached to the approval of the application
(3) Conditions and site-specific standards shall be limited to those that address the
conformance of the development to County ordinances, the adopted
Comprehensive Plan, or any other relevant plans that address the impacts
reasonably expected to be generated by the proposed development. Any such
conditions may address:
(a) The compatibility of the proposed development with surrounding
property,
(b) Proposed support facilities (i.e. roadways and access points, parking
areas and driveways, pedestrian and vehicular circulation systems,
screening and buffer areas, the timing of development, street and right-
of-way improvements, storm water drainage, the provision of open
space, etc), and/or
(c) All other matters the County may find appropriate or the petitioner may
propose.
43 This section had not been proposed for modification at the September 8, 2015 public hearing. However, as a
result of comments made at the public hearing, the notification boundary is proposed to be expanded from 500
feet to 1,000 feet for other types of actions so staff is suggesting the increase in this section as well so that
notification distances will be consistent. Mailing notices via first class mail rather than via certified mail is being
suggested in order to keep costs lower.
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Section 2.12: Board of Adjustment
Orange County, North Carolina – Unified Development Ordinance Page 2-45
2.11.4 Review Procedures
(A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the
Board of Adjustment in accordance with the procedures contained in Section 2.12 of this
Ordinance.
(B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this
Ordinance.
(C) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application. The assessment shall include all
relevant facts utilized in rendering the disputed decision and the rationale for the
interpretation made by the Planning Director.
(D) The assessment shall be introduced at the hearing and become part of the record.
(E) Upon hearing all evidence associated with the application, the Board of Adjustment shall
close the hearing and render a decision on the matter to affirm, modify, or reverse the
decision of the Planning Director.
2.11.5 Findings of Fact
The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order
to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the
necessary justification for the Board’s action based on the testimony and evidence entered into
the record during the hearing.
2.11.6 Notice Requirements
Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.2.6 2.12.6 44
are not applicable to applications for an appeal of an interpretation.
SECTION 2.12: BOARD OF ADJUSTMENT
2.12.1 General Provisions
(A) The Board shall act on all applications before it.
(B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director
at its next regularly scheduled meeting or at a special meeting called for that purpose.
2.12.2 Quasi-Judicial Proceedings
(A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended
that its proceedings be conducted as formally as those before courts.
(B) The rules of procedure and evidence set forth in this Ordinance shall be followed to
protect the interests of all parties and the public.
(C) The presiding officer shall administer oaths to all witnesses and shall make rulings
necessary to preserve fairness, order, or proper decorum in any matter before the Board
of Adjustment. Any person who, while under oath during a proceeding before the Board,
willfully swears falsely is guilty of a Class I misdemeanor.
(D) Any member of the Board of Adjustment or any interested party may object to, and the
presiding officer may exclude, any evidence, testimony, or statement that is deemed
incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably
address the issues before the Board of Adjustment.
2.12.3 Evidence and Testimony
(A) Interested Party
44 Typographical error that staff recommends correcting as part of this amendment package.
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(1) Any interested party may present evidence or testimony, cross-examine
witnesses, inspect documents, and offer evidence or testimony in explanation or
rebuttal.
(2) Any member of the Board of Adjustment may question any interested party.
(3) Persons other than interested parties may make competent, relevant, and
material comments.
(B) Subpoenas
(1) The Board of Adjustment may subpoena witnesses and compel the production of
evidence.
(2) To request issuance of a subpoena, persons with standing as detailed under
NCGS 160A-939(d), shall make a written request to the chair explaining why it is
necessary for certain witnesses or evidence to be compelled. The chair shall
issue requested subpoenas in those cases where testimony or evidence is
deemed to be relevant, reasonable in nature and scope, and not oppressive.
(3) The chair shall rule on any motion to quash or modify a subpoena. Decisions
regarding subpoenas made by the chair may be appealed to the full Board.
(4) If a person fails or refuses to obey a subpoena issued pursuant to this
subsection, the Board of Adjustment, or the party seeking the subpoena, may
apply to the General Court of Justice for an order requiring that its order be
obeyed, and the Court will have jurisdiction to issue those orders after notice to
all proper parties.
(5) No testimony of any witness before the Board of Adjustment, pursuant to a
subpoena issued in exercise of the power conferred by this subsection, may be
used against the witness in any civil or criminal action, other than a prosecution
for false swearing committed on the examination.
(6) Anyone who, while under oath during a proceeding before the Board of
Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor.
2.12.4 Quorum and Vote Required
(A) A quorum of the Board is necessary to conduct any business and shall consist of four
members.
(B) The affirmative vote of four of the members of the Board shall be necessary in order to
effect any variation in this Ordinance.
(C) A majority of the members shall be required to decide on the issuance of a Class B
Special Use Permit or an appeal application.
2.12.5 Notification of Board Action
(A) Within five working days after Board action, the Planning Director shall have available in
the Planning Department’s office a notice of decision of the Board’s action.
(B) The Planning Director shall notify the parties to an application or appeal of the Board’s
disposition. This includes the applicant, the property owner if different from the applicant,
or any individual who has submitted a written request for a copy prior to the date the
decision becomes effective. This notice shall be made by registered or certified mail
within five working days of the Board's actions.
(C) The Planning Director shall keep a copy of the Board's action on file.
2.12.6 Notice Requirements for Matters Before the Board
(A) The Board shall give notice of matters coming before it by causing notice to be placed in
a newspaper of general circulation in Orange County. The notice shall appear once a
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week for two consecutive weeks, the first insertion to be not less than ten days nor more
than 25 days prior to the meeting date. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included. 45
(B) In the case of application for a Class B Special Use permit or variance the Planning
Director shall give written notice by certified first class mail to adjacent property owners.
This notice shall be given not less than 15 days mailed at least ten days but not more
than 25 days prior to the meeting date. Adjacent property owners are those whose
property lies within 500 one thousand feet of the affected property and whom are
currently listed as property owners in the Orange County tax records.46
(C) The Planning Director shall post on the affected property a notice of the Board meeting at
least ten days but not more than 25 days 47 prior to the meeting date.
(D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the
Planning Director shall give written notice by certified mail to the property owner, and/or
person(s) engaged in the alleged violation. Notification of adjacent property owners,
posting of property, and publication of a hearing notice is not required.
SECTION 2.13: EXEMPT SUBDIVISIONS
2.13.1 Generally
(A) Persons proposing divisions of land that do not constitute a subdivision must request a
determination of an exempt subdivision status with the Planning Director. Activities that
do not constitute a subdivision are found in Section 7.2.1.
(B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with
the request for a determination for an exempt subdivision.
(C) Exempt subdivisions shall comply with all applicable non-plat requirements of this
Ordinance.
2.13.2 Review and Action
(A) Following receipt of a request for a determination of an exempt subdivision status, the
Planning Director shall make a determination of the land division’s exempt or nonexempt
status.
(B) If the Planning Director determines that the proposed land division does not constitute a
subdivision, the Planning Director shall certify the proposed land division as exempt and
include the necessary statement on the plat certifying same.
(C) If the Planning Director determines that the proposed land division constitutes a
subdivision, the applicant shall be informed of such in writing and shall be required to
submit the appropriate Subdivision application.
45 The Staff Attorney had suggested language modifications in (A) that would result in the omission of public
hearings for SUPs from legal advertisements since the general public does not have standing in such matters and
cannot participate. However, at the September 8, 2015 public hearing, comments were received to continue to
publish SUP notices in the legal advertisements but to add additional language to the legal ad if necessary for legal
sufficiency reasons. Therefore, existing language in (A) has been restored and is no longer suggested for
modification. Planning and Attorney staff will work together to ensure future legal ads are modified as necessary.
46 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in
not inadvertently missed. State statutes do not require mailing via certified mail. Because of the proposed
notification distance increase (from 500 feet to 1,000 feet), staff is suggesting that notices be mailed via first class
mail in order to keep costs and necessary staff time lower. Because notices for the Neighborhood Information
Meeting are sent more than a month before this notice for the public hearing, notification to the public regarding
proposed projects is occurring much sooner in the review process than in the past.
47 Language modification suggested to be consistent with Statutes and to ensure that the outer limit of 25 days in
not inadvertently missed.
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(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E) Modification of the Plan may be considered annually at the February first Quarterly Public
Hearing of the calendar year, normally held in February. Any applicant requesting
modification of the Plan shall make application to the Planning Director on or before
December 1st of each year. The fee for modifying the Plan shall be that as set forth in
the Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B) Applicability
(1) By December 31st of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
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PROPOSED AMENDMENTS TO THE PLANNING BOARD
POLICIES AND PROCEDURES
94
APPROVED 11/8/2012
PLANNING BOARD POLICIES AND PROCEDURES
SECTION I: SCOPE
A. Purpose
1. To establish a policy and procedures whereby the Orange County
Board of Commissioners will establish the specific policies and
procedures governing the Planning Board.
2. The Orange County Board of Commissioners may appoint an advisory
board whose duty is to serve in an advisory capacity to Orange County
Board of Commissioners.
B. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards.
2. The Orange County Advisory Board Policy serves as the underlying
policy document to which the Planning Board, in addition to this policy
and procedure document, is subject. The Orange County Advisory
Board Policy is attached hereto as “Exhibit A”.
3. In the event that there is a conflict between the Orange County
Advisory Board Policy and this Policies and Procedures document this
Policies and Procedures document shall control.
C. Charge
1. The charge of the Planning Board is contained in Section 1.6.3 of the
Orange County Unified Development Ordinance.
The purpose for which the Planning Board was formed: to serve in an
advisory capacity to the Orange County Board of Commissioners in
regards to planning, zoning, and subdivision matters, as provided in
Section 1.6.3 of the Orange County Unified Development Ordinance.
SECTION II: GOALS AND OBJECTIVES
A. Goals
1. The Planning Board shall carry out the duties contained in Section
1.6.3 of the Orange County Unified Development Ordinance to the best
of its ability.
B. Objectives
1. Acting under the directives of the Board of County Commissioners and
with County staff, the Planning Board shall pursue the duties contained
in Section 1.6.3 of the Orange County Unified Development Ordinance.
SECTION III: MEMBERSHIP
95
APPROVED 11/8/2012
A. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards and to
appoint members to and remove members from those advisory boards.
In acting on this authority the Orange County Board of Commissioners
hereby establishes certain general conditions to which applicants and
members of advisory boards should conform.
B. Composition
1. Planning Board composition is detailed in Section 1.6.1 of the Orange
County Unified Development Ordinance. Additional membership
requirements are listed in said Section of the UDO.
2. The Planning Board does not have alternate members.
C. Chair, Vice Chair, and Secretary
1. The Planning Board shall elect by majority vote a Chair and Vice Chair
from among its members at the regular meeting in January of each
year.
2. Chair and Vice Chair terms of office shall correspond to the
requirements of the Orange County Advisory Board Policy.
3. The Secretary of the Planning Board shall be the Planning Director or
his/her designee.
4. The Chair and Secretary shall ensure that each Planning Board
member is presented with a copy of the Planning Board’s charge,
scope of authority, membership responsibilities, and code of conduct
when the Planning Board member is appointed to the Planning Board.
5. The Planning Board Chair, or Vice Chair in the Chair’s absence, shall
attend quarterly public hearings and Board of County Commissioners
meetings at which a decision is scheduled for items on which the
Planning Board has made a recommendation.1
SECTION IV. MEETINGS
A. Staffing
1. The Planning Director shall perform the duties set forth in Section
1.6.4 of the Orange County Unified Development Ordinance.
B. Agendas
1. Items for agendas shall be approved by the Planning Board Chair and
staff.
1 The new requirement was suggested at the May 12, 2015 BOCC work session when the BOCC discussed the
public hearing process.
96
APPROVED 11/8/2012
2. The designated staff will develop and distribute to each member an
agenda listing the matters to be considered at upcoming advisory
board meetings. The regular meeting agenda and materials shall be
distributed at least seven (7) calendar days before the regular meeting
C. Date, Time, and Location of Regular Meetings
1. Regular Meetings of the Planning Board shall be held on the first
Wednesday of each month. The start time and location of the meeting
shall be included on the agenda and shall typically be 7:00 p.m. at the
Orange County West Campus Office Building located at 131 West
Margaret Lane, Hillsborough. The Planning Board Chair, in
consultation with staff, shall have the authority to change the start time
and location of a regular meeting to meet any special circumstances,
provided the information is included on the distributed agenda.
D. Notice of Meetings
1. Notice of regular Planning Board meetings and agendas shall be made
available to all members and interested parties, and to any person who
requests such notice, at least seven (7) days in advance of the
meeting by e-mail and by posting on the Orange County government
website.
2. Notice of public hearings shall conform to the notice requirements of
Section 2.3.6 and/or 2.8.7, as applicable, of the Orange County Unified
Development Ordinance.
3. Agenda materials for public hearings shall be distributed to Planning
Board members and posted on the Orange County government
website for interested parties a minimum of ten (10) calendar days
prior to the public hearing.
E. Neighborhood Information Meetings2
1. Planning Board members shall be encouraged to attend Neighborhood
Information Meetings (NIMs) for Class A Special Use Permits and
Conditional Zoning Districts. At-Large members and members
representing the Township in which a particular development project is
proposed are specifically encouraged to attend the NIM.
2. Planning Department staff shall keep Planning Board members
informed of upcoming Class A Special Use Permit and Conditional
Zoning District NIMs via e-mailed messages. Said e-mail messages
2 This new procedure is in response to Planning Board members expressing the desire to be kept informed of
upcoming NIMs for projects on which the Planning Board will make a recommendation so they may attend the
meetings.
97
APPROVED 11/8/2012
shall be sent to Planning Board members on the same date, or shortly
after, the notifications are mailed to adjacent property owners.
SECTION V. ORIENTATION
A. Attendance
1. Each member shall attend an orientation presented by the Orange
County Staff to familiarize the advisory board members with the
operation of County government, the Planning Department rules, and
the operating procedures of the advisory board.
2. Each voting member will be encouraged to complete the orientation
within six weeks of his or her appointment and participate in at least
one meeting with the staff.
SECTION VI. BY-LAWS
A. By-Laws
1. Any Bylaws adopted by the Planning Board are void and no further
bylaws shall be adopted. Procedure shall be governed solely by this
policy document and the General Advisory Board Policy Document.
2. Should the Planning Board determine modifications to policies and
procedures are necessary the Planning Board may petition the Board
of County Commissioners for such modifications.
98
BOCC Decision
Application
Submittal
Text Future Land Use Map
Publish Legal Ad
(Both Amendment Types)
Quarterly Public
Hearing
Staff and Planning Board
Recommendation to BOCC
Comprehensive
Plan
Amendments
Post Sign / Mail Notice for
Planning Board Meeting
and Public Hearing
Development Advisory
Committee Meeting
Staff Recommendation to
Planning Board
Planning Board Review
and Recommendation
Note: This chart is meant as a graphical
representation of the UDO text; the text shall take
priority in any conflict or ambiguity.
Timeline Example – Comprehensive Plan
Mail: min. 15 days
prior to meeting.
Sign: min. 10 days
~2 weeks after submittal
1 week prior to meeting
~4 weeks after submittal /
~3 weeks prior to public
hearing
At least 10 days but not
more than 25 days prior
to hearing.
~10 days prior to hearing
Depends on BOCC desire.
Decision can be night of
hearing or can be deferred.
Can also refer application back
to Planning Board.
Normally in
same month
(PB 1st Wed.,
QPH near end
of month), but
can vary.
Timeframe could potentially be
reduced to as low as ~8 weeks after
application submittal. Current
timeframe is ~4 months.
99
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
Application
Submittal
Class B SUP: Schedule
NIM, DAC & Board of
Adjustment quasi-
judicial hearing
Class A SUP: Schedule NIM,
DAC, Planning Board meeting &
BOCC quasi-judicial hearing
BOCC decision
Planning Board for
review and
recommendation
Board of
Adjustment
decision
Publish Legal Ad, Post
Sign & Mail Notice for
Public Hearing
BOCC holds quasi-
judicial hearing at
quarterly public hearing
Special Use
Permit
Neighborhood
Information
Meeting
Post Sign & Mail
Notice for
Neighborhood
Information
Meeting (NIM)
Development
Advisory
Committee (DAC)
Meeting
Staff Review/
Analysis Begins
BOA holds quasi-
judicial hearing
Post Sign & Mail Notice for
Neighborhood Information
Meeting (NIM) & Planning
Board meeting
Publish Legal Ad, Post
Sign & Mail Notice for
Public Hearing
Development
Advisory
Committee (DAC)
Meeting
Neighborhood
Information Meeting
Timeline Example – Class A Special Use Permits
Mail: min. 14 days
prior to meeting.
Sign: min. 10 days
Min. 45 days prior to
public hearing
~5 weeks after submittal
~7 weeks after submittal /
~3 weeks prior to public
hearing
At least 10 days but not
more than 25 days
prior to hearing.
Depends on outcome of
hearing. BOCC could
make a decision the night
of the hearing, defer a
decision to a later
meeting date, or request
additional evidence and
continue the hearing to a
date/time certain.
Normally
in same
month (PB
1st Wed.,
QPH near
end of
month),
but can
vary.
Timeframe for Class A SUPs could
potentially be reduced to as low as ~10
weeks after application submittal.
Current timeframe is ~4-5 months.
100
BOCC Decision
Development Advisory
Committee Meeting
Planning Board Review
and Recommendation
Quarterly Public Hearing
Zoning Atlas and
UDO Amendments
Application
Submittal
Post Sign / Mail Notice for
Neighborhood Info. Meeting
(NIM) and Planning Board
Meeting
Neighborhood
Information Meeting
Post Sign / Mail Notice
for Planning Board
Meeting
Staff and PB Recommendation
to BOCC
Staff Recommendation to
Planning Board
Zoning Atlas:
Conditional Zoning
Districts
Zoning Atlas:
General Use
Zoning Districts
Text Amendments
Text
Amendments:
Publish Legal Ad
Atlas Amendments:
Publish Legal Ad
Post Sign
Mail Notice
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
Timeline Example – Zoning Atlas and UDO
Mail: min. 15 days
prior to meeting.
Sign: min. 10 days
Min. 45 days prior
to public hearing
Mail: min. 15 days
prior to meeting.
Sign: min. 10 days
~2 weeks after
submittal. ~4 weeks after submittal
1 week prior to meeting 1 week prior to meeting
~4 weeks after submittal /
~3 weeks prior to public
hearing
~7 weeks after submittal /
~3 weeks prior to public
hearing
At least 10 days but
not more than 25
days prior to
hearing.
At least 10 days but
not more than 25
days prior to
hearing.
~10 days prior to hearing ~10 days prior to hearing
Depends on BOCC desire.
Decision can be night of
hearing or can be deferred.
Can also refer application back
to Planning Board.
Depends on BOCC desire.
Decision can be night of
hearing or can be deferred.
Can also refer application back
to Planning Board.
101
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 7, 2015
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance Text Amendment – Recreational Land Uses
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1. Comprehensive Plan and Unified
Development Ordinance Outline Form -
Recreation Amendments (UDO/Zoning
2015-04)
2. Response from Orange County Sheriff’s
Office on the Discharge of Firearms
3. Statement of Consistency
4. Proposed UDO Text Amendment(s)
INFORMATION CONTACT:
Michael Harvey Planner, III (919) 245-2597
Craig Benedict, Director, (919) 245-2585
PURPOSE: To make a recommendation to the BOCC on Planning Director initiated
amendments to the Unified Development Ordinance (UDO) regarding recreational land uses.
BACKGROUND: This item was presented at the September 8, 2015 Quarterly Public Hearing
(materials available at: http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/150908.pdf ).
As indicated during the hearing, existing definitions and classification methodology for
recreation land uses is inappropriate and inconsistent with acceptable legal practice. The
current methodology has even complicated recent enforcement efforts relating to the discharge
of firearms on private property and addressing the purported establishment of an outdoor
recreational field off of Old Greensboro Highway. For additional background information please
refer to Section B.1 of Attachment 1.
Staff is proposing to overhaul current regulations by:
a. Establishing a new definition for a recreational land use with no reference to its tax
status;
b. Reviewing the types of recreational land uses permitted in each zoning district and
suggesting revisions to ensure consistency;
c. Developing new standards governing the development of recreational land uses for both
private and commercial purposes; and
d. Developing standards governing the discharge of firearms from both a business and
personal enjoyment standpoint.
102
At the public hearing staff was asked to invite individuals who had voiced concerns about the
purported shooting range to attend the October regular Planning Board meeting. Staff was also
asked for information from the Sheriff’s Office outlining what regulations they are able to
enforce and how they typically respond to a complaint associated with the discharge of a
firearm.
Please refer to Section C.1 of Attachment 1 for a synopsis of additional comments made at the
public hearing. Attachment 2 contains the response from the Sheriff’s Office.
Procedural Information: In accordance with Section 2.8.8 of the UDO 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
proposed text amendment and further recommends approval of the:
i. Statement of Consistency, as contained in Attachment 3, indicating the proposed text
amendment is consistent with the adopted Comprehensive Plan, is reasonable, and
in the public interest, and
ii. The text amendment as contained in Attachment 4.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Deliberate on the application as necessary,
2. Consider the Planning Director’s recommendation, and
3. Make a recommendation on the Statement of Consistency (Attachment 3) and the UDO
text amendment (Attachment 4) in time for the November 5, 2015 BOCC meeting.
103
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-04
Revision(s) of existing definitions and regulations governing the development of
recreational facilities within the County.
A. AMENDMENT TYPE
Map Amendments
Comprehensive Plan – Future 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): Section(s):
1. 5.2.1 Table of Permitted Uses – General Use Zoning
Districts;
2. 5.2.2 Table of Permitted Uses – Economic Development
Districts;
3. 5.2.3 Table of Permitted Uses – Conditional Use Districts;
4. 5.7 Standards for Recreational Uses, and
5. Article 10 Definitions.
Other:
Attachment 1 104
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to revise existing regulations and definitions of
recreational uses.
While reviewing an issue with the Attorney’s office it was determined the County’s
existing definitions and classification methodology for recreation uses (i.e. relying on
the profit/non-profit status of said operation) was not appropriate and inconsistent
with acceptable legal practice. The regulation and permitting of recreational uses
should be based anticipated impacts of said use rather than on its ‘tax status’.
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’.
Recreational uses are defined as follows within the UDO:
• Recreation Use, Non-Profit: An indoor or outdoor recreation use owned by a
not-for-profit corporation, according to the laws of North Carolina.
• Recreation Use, Profit: An indoor or outdoor recreation use owned by an
entity other than a not-for-profit corporation.
Recreation Use, Non-profit land uses are allowed, through the issuance of a Class B
Special Use Permit (i.e. reviewed and acted upon by the Board of Adjustment) in:
1. All residential zoning (i.e. Rural Buffer (RB), Agricultural Residential (AR), Rural
Residential (R-1), Low (R-2), Medium Residential (R-3, R-4), and High
Intensity(R-5, R-8, and R-13) districts.
2. Commercial zoning (i.e. Local Commercial (LC-1), Neighborhood Commercial
(NC-2), Community Commercial (CC-3), General Commercial (GC-4), and Office
Institutional (OI)) districts.
3. All industrial (i.e. Light Industrial (I-1), Medium Industrial (I-2), Heavy Industrial (I-
3)) districts.
4. Within a Master Planned Development Conditional Zoning (MPD-CZ) district.
Recreation Use, Profit is allowed within the Community Commercial (CC-3), General
Commercial (GC-4), and Light Industrial (I-1) zoning districts as a permitted use (i.e.
administrative review and approval by staff).
Within the Buckhorn and Eno Economic Development districts both Recreation Use,
Profit and Non-profit land uses are only allowed within both the Low and High
Intensity general use zoning designations with the review and approval of a
Conditional Use (i.e. rezoning and Class A Special Use Permit) application by the
BOCC. There are specific recreational land uses, including a golf driving range,
105
listed as a permitted use of property within these districts.
Staff has been working to address local resident concern(s) over the purported
development of commercial shooting ranges. Currently the County has no land use
standards governing the development of such uses (i.e. setbacks, development of
protective berms to absorb bullets, etc.).
Staff is proposing to over haul our current regulations by:
a. Establishing new definitions for recreational uses;
b. Reviewing the types of recreational land uses permitted in each zoning district
and suggesting revisions;
c. Developing new standards governing the development of recreational land
uses; and
d. Developing standards governing the discharge of firearms from both a
commercial business and personal enjoyment standpoint.
The amendments are necessary to address outdated regulations governing the
development of recreational land uses, update existing development standards and
requirements, complete a review of acceptable recreational land uses throughout the
County, and establish land use regulations governing the discharge of firearms.
Nothing within the proposed amendments will impact the development of
parks/recreational amenities by Orange County.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2015
b. Quarterly Public Hearing
September 8, 2015. The amendment was reviewed at the September 8, 2015
106
Quarterly Public Hearing where the following questions/comments were made:
• There was general consensus that proposed amendments to the Buckhorn and
Eno Economic Development Districts permitted use table, allowing for
recreational facilities to be a permitted use of property within the high intensity
zoning designations (i.e. EDB-2 and EDE-2), are acceptable.
• A BOCC member asked why there were different setback standards for gun
ranges developed as an accessory use to a residential use of property or a
recreational facility.
STAFF COMMENT: Staff recommended a shooting range developed as an
accessory use to a residence observe a setback of 300 feet from all property
lines. For a shooting range developed as a recreational facility we
recommended a setback of 600 feet from all property lines.
The rationale for the different standards is based on the anticipated intensity
of use, with a private recreational amenity having a perceived lower potential
impact versus a facility designed to be used by the general public (i.e. more
weapons being discharged at any given time).
• A BOCC member asked what the typical minimum lot size would have to be to
comply with proposed setback standards for a shooting range.
STAFF COMMENT: A residential property would have to be roughly 8 ½
acres in area to accommodate a designated shooting area while a recreational
facility would have to be roughly 33 acres to accommodate a non-residential
outdoor shooting range.
• A BOCC and Planning Board member asked if the proposed setbacks for a gun
range would be sufficient to ensure bullets remain on the property.
STAFF COMMENT: Discharged projectiles can travel upwards of ½ mile or
farther depending on the caliber of the weapon.
If our goal is to rely solely on setback standards to ensure discharged
projectiles remain on the property, they would have to be more extensive.
Staff does not believe this option is consistent with concerns expressed at the
public hearing.
This proposal combines required setbacks with additional standards
mandating shooting and/or targeting activities be oriented in such a manner to
keep projectiles on the property and directed into a permanent backstop. This
is intended to mitigate the need for more restrictive setback requirements.
• Both BOCC and Planning Board members suggested hour limitations be
established concerning the discharge of firearms on residential property.
STAFF COMMENT: Staff will add language to the proposed text amendment.
• A BOCC member asked if we were being overly restrictive with the proposed
amendments as they relate to the discharge of firearms.
STAFF COMMENT: Staff understands the concern. The proposal is an
107
attempt to address complaints from property owners related to the discharge
of firearms on neighboring properties while protecting an individual’s right to
engage in shooting activity and/or discharge a firearm on their property.
• BOCC and Planning Board members suggested shooting ranges/facilities ought
to have similar setback requirements.
• A BOCC member asked staff to invite those individuals who had previously
submitted complaints and concerns over the discharge of firearms to the October
7, 2015 Planning Board meeting to express their concerns.
STAFF COMMENT: Staff will send out a meeting notice and copy of revised
text under review by the Planning Board.
• A BOCC member suggested revising Section 5.7.2 Recreational Facilities of the
proposed text amendment to combine recreational uses played on a court into a
single category.
STAFF COMMENT: Staff will combine the uses as suggested.
• A BOCC member asked why the proposed text amendments did not address the
number of people discharging a firearm at a given moment or limit the number of
times a firearm could be discharged in a given time frame.
STAFF COMMENT: Staff indicated such regulations would be difficult to
enforce and hard to verify as part of a land use enforcement investigation.
• A Planning Board member expressed concern the amendment would overly
restrict the use of private recreational accessory uses. Specifically there was
concern over staff’s statement a private recreational use could not be used by
neighbors/friends in the owner’s absence.
STAFF COMMENT: The amendment is an attempt to develop a threshold
making it easier to identify instances where a recreational land use is either a
private or a public amenity.
As indicated during the public hearing, staff is investigating complaints over
the purported establishment of public recreational facilities without required
permits (i.e. Class B Special Use Permit). As the ordinance is currently
written it is difficult to make a determination either way.
Our goal is not to overly regulate private recreational accessory uses but to
ensure we have an appropriate methodology to identify those instances where
such uses become, or are truly, a public recreational amenity requiring a
heightened permit review and approval process.
• A BOCC member asked for information from the Sheriff’s Office outlining what
regulations they are able to enforce and how they typically respond to a complaint
associated with the discharge of a firearm.
STAFF COMMENT: Please refer to Attachment 2 for the Sheriff’s reponse.
108
c. BOCC Updates/Checkpoints
May 5, 2015 – Approval of UDO Amendment Outline Form
July 1, 2015 – Planning Board Ordinance Review Committee (ORC) (BOCC
receives materials)
September 8, 2015 – Quarterly Public Hearing
November 5, 2015 – Receive Planning Board Recommendation
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
July 1, 2015 – Ordinance Review Committee (ORC). The ORC reviewed this
item at its July 1, 2015 meeting where the following comments/questions were
made:
• Could a resident, on his own property, sponsor a club in his name and
finance play on the field under this proposal?
STAFF COMMENT: As the Ordinance is currently written, and proposed,
the property owner would have to get a special use permit as the
proposed recreational land use is intended to serve the needs of the
general public or members of a club/organization.
• Could I develop a putting green on my property?
STAFF COMMENT: You can have a recreational facility on your property
and use it for recreational purposes, including a putting green.
When a recreational amenity is opened up for public use/access, however,
the nature of the use of property changes and becomes more than a
simple accessory use. Staff argues it becomes a recreational facility used
to satisfy the needs of the general public, which requires a heightened
level of permit review to operate.
• Could a farmer donate land to a non-profit organization to allow for the
development of a recreational facility?
STAFF COMMENT: Yes but they would have to obtain a Class B Special
Use Permit for the use. This is the current requirement and we are not
recommending a change to the existing process.
• Is the intent with this regulation to control the development of gun ranges
specifically?
STAFF COMMENT: The amendment seeks to make it easier to identify
109
instances where a recreational land use is a private or a public amenity.
The text amendment also proposes the adoption of new development
standards for recreational activities, including standards for shooting
ranges/facilities.
The proposed amendment is not solely geared to address the regulation,
or establishment, of gun ranges.
• Could a local homeowners association develop a recreational land use on
HOA owned property for local residents to take advantage of?
STAFF COMMENT: This text amendment will not preclude that. The
homeowners association would, however, have to amend the previously
approved subdivision final plat to incorporate the new recreation amenity
in accordance with the UDO.
• Will this proposed amendment impact County parks?
STAFF COMMENT: No.
October 7, 2015 – Review and recommendation.
b. Advisory Boards:
Orange County Parks Advisory Board
– DEAPR staff
c. Local Government Review:
Staff transmitted copies of the
proposed text amendments to our
planning partners in the Towns of
Chapel Hill, Carrboro, and
Hillsborough for their review and
comment on July 10, 2015.
The Orange County Sheriff’s office
was sent the proposed text
amendment on July 10, 2015.
As of this date staff has not received
any comments on the proposed
amendments.
d. Notice Requirements
Legal advertisement was published in accordance with the provisions of the UDO.
e. Outreach:
General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
110
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 FY2015-16 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will revise existing, outdated, regulations governing the categorization
and development of recreational land uses and proposes the adoption of new
development standards.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 4.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
At the September 8, 2015 Quarterly Public Hearing the
BOCC requested staff invite individuals who previously
submitted concerns related to the discharge of firearms to
the October 7, 2015 Planning Board meeting.
Notices were sent on September 29, 2015 with a copy of the
proposed regulations for review at the October Planning
Board meeting.
Small Area Plan Workgroup:
Other:
111
Memorandum
To: Orange County Board of Commissioners
Orange County Planning Board
From: Sheriff Charles S. Blackwood
Date: September 24, 2015
Re: Response to September 8, 2015 Quarterly Public Hearing Questions regarding the
Discharge of Firearms
When Central Communications relays a call for service associated with the discharge of
firearms, the Orange County Sheriff’s Office’s (“Sheriff’s Office”) standard operating procedure
requires the response of the appropriate area deputy. Once the deputy arrives at the property which
is the subject of the complaint, he or she will attempt to locate and make contact with any
individuals who may be there. If successful, the deputy informs them of the complaint and engages
them in conversation to better assess the situation. A criminal history may be conducted of the
individuals located at the property and firearms’ serial numbers may be checked.
If weapons are being discharged at a shooting range on the property, the deputy will inspect
the backstop to determine whether it provides adequate protection for the ammunition being fired.
The deputy may suggest improvements be made to the backstop. At the end of the encounter, the
deputy thanks the individuals he or she spoke with for their time and clears the property. Often, the
deputy’s visit to the property sufficiently addresses the complaint and minimizes the likelihood of
future calls for service to the property.
Enforcement
The Sheriff’s Office is charged with enforcing the Orange County Noise Ordinance, Chapter
16, Article 3. The Ordinance prohibits, inter alia, “unreasonably loud and disturbing noise” as
defined therein. Maximum permissible standards by receiving land are established for continuous,
regular, frequent, or intermittent source of sound produced by any activity. Sound level meters are
used to determine compliance with the Ordinance. The discharge of firearms, however, is exempted
from the standards but only as permitted by state law and county regulations. Absent an allegation
112
of criminal activity connected with the use or possession of a firearm,1 the Sheriff’s Office is unable
to require an individual to cease discharging a firearm. If the County were to decide to regulate the
discharge of firearms, clear standards are necessary to allow for enforcement. Noise and rate of fire
regulations are extremely difficult and almost impossible to enforce given the brief duration of the
sound.
Instead, the Sheriff’s Office seeks to gain the cooperation of the individual whose discharge
of a firearm is the subject of the complaint. Consistent with the Sheriff’s Office’s philosophy of
community policing, deputies encourage County residents to be considerate of their neighbors when
discharging firearms in addition to talking with one another about such matters. With regard to
shooting ranges, the North Carolina General Assembly amended The Shooting Range Protection
Act of 1997 to include any recreational shooting range, regardless of when it began operating.
Effective July 1, 2015, a person who owns or operates a recreational shooting range in North
Carolina is not able to be prosecuted criminally or sued civilly in any lawsuit related to noise or noise
pollution resulting from the use of the shooting range, so long as the range is being operated in
compliance with noise control laws in effect at the time the range began operating. See An Act to
Amend Various Firearm Laws, 2015 N.C. Sess. Laws 2015-195 (N.C. Gen. Stat. § 14-409.46).
1 Examples of such activity may include bullets striking a home or personal property, possession of a firearm by a
felon, a victim’s statement alleging the commission of a crime involving the discharge of a firearm, or discharge of
a firearm on educational property.
113
STATEMENT OF CONSISTENCY
OF PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to revise existing regulations governing the development of recreational land uses.
The Planning Board finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 2: Land uses that are appropriate to on-site
environmental conditions and features, and that protect natural
resources, cultural resources, and community character.
• Land Use Goal 3: A variety of land uses that are coordinated
within a program and pattern that limits sprawl, preserves
community and rural character, minimizes land use conflicts,
supported by an efficient and balanced transportation system.
• Land Use Goal 6: A land use planning process that is transparent,
fair, open, efficient, and responsive.
c. The amendment is reasonable and in the public interest because it:
1. Establishes a legally defensible regulation based on the impacts of a
specific land use rather than on its tax status.
2. Establishes uniform standards of development for recreational uses serving
either as an accessory, or principal, use of property.
3. Provides measurable thresholds with respect to what constitutes an
accessory or principal recreational land use to ensure equitable
enforcement of development standards.
4. Promotes public health, safety, and general welfare by furthering the goals
and objectives of the 2030 Comprehensive Plan.
The Planning Board hereby recommends that the Orange County Board of County
Commissioners consider adoption of the proposed UDO Text Amendments.
______________________ ________________________
Pete Hallenbeck, Chair Date
114
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-8
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
OI
ASEI I 1 I2 I3 PID
~
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s
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m
a
y
n
o
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b
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d
a
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o
n
d
i
t
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o
na
l
U
s
e
D
i
s
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t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
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d
a
s
m
o
r
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t
h
a
n
o
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e
p
r
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c
i
p
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l
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i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
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f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Mi
l
i
t
a
r
y
I
n
s
t
a
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l
a
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o
n
s
(
N
a
t
i
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a
l
G
u
a
r
d
&
R
e
s
e
r
v
e
Ar
m
o
r
y
)
~
*
*
*
*
MAN
U
F
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C
T
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R
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G
, ASS
E
M
B
L
Y
& PRO
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m
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d
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d
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d
u
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l
,
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In
d
u
s
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a
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,
M
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~
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c
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o
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^
B
B
*
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Pr
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&
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h
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a
p
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*
*
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Sawmi
l
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~
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Wi
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,
p
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u
c
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^
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B
*
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MED
I
C
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USE
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a
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:
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v
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1
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0
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q
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a
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Bo
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a
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a
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&
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r
b
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*
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r
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*
*
*
*
*
*
*
*
*
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*
*
*
*
*
*
*
*
115
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-9
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
OI
ASEI I 1 I2 I3 PID
~
U
s
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m
a
y
n
o
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b
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D
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c
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;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
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d
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s
m
o
r
e
t
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o
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p
r
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c
i
p
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s
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lo
c
a
t
e
d
o
n
a
b
o
n
a
f
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d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Re
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r
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a
t
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o
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s
(N
o
n
-
P
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f
i
t
)
1
B
B
B
B
B
B
B
B
B
B
B
B
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B
*
B
B * B* B*
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t
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n
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a
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o
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;
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w
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m
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o
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c
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B
B
B
B
B
B
B
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B
B
B
B
B
B
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h
a
b
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s
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r
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(
7
5
f
e
e
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o
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sh
o
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r
)
*
*
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n
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t
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o
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r
s
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v
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f
e
e
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a
n
d
u
n
d
e
r
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0
f
e
e
t
)
B
B
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B
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B
B
B
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B
B
B
B
B
B
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1 St
a
f
f
is
el
i
m
i
n
a
t
i
n
g
th
e
di
s
t
i
n
c
t
i
o
n
be
t
w
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e
n
pr
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f
i
t
an
d
no
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‐pr
o
f
i
t
re
c
r
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a
t
i
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fa
c
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l
i
t
i
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s
an
d
el
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m
i
n
a
t
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g
re
f
e
r
e
n
c
e
s
to
an
en
t
i
t
y
’
s
st
a
t
u
s
as a ‘non‐profit’ as being
a ra
t
i
o
n
a
l
e
fo
r
de
c
i
d
i
n
g
th
e
re
v
i
e
w
st
a
t
u
s
of
a gi
v
e
n
la
n
d
us
e
(i
.
e
.
st
a
f
f
re
v
i
e
w
,
Sp
e
c
i
a
l
Us
e
Pe
r
m
i
t
,
et
c
.
)
.
Af
t
e
r
re
v
i
e
w
i
n
g
th
e
ma
t
t
e
r
with the Attorney’s office
st
a
f
f
ha
s
de
t
e
r
m
i
n
e
d
th
e
ow
n
e
r
s
h
i
p
st
a
t
u
s
of
a re
cr
e
a
t
i
o
n
a
l
la
n
d
us
e
an
d
/
o
r
pr
o
p
e
r
t
y
ow
n
e
r
is
no
t
a re
a
s
o
n
a
b
l
e
me
a
n
s
of
es
t
a
b
l
i
s
h
i
n
g
land use/permitting
re
g
u
l
a
t
i
o
n
s
.
Wh
e
t
h
e
r
or
no
t
a re
c
r
e
a
t
i
o
n
a
l
fa
c
i
l
i
t
y
is
a fo
r
‐pr
o
f
i
t
en
t
i
t
y
or
no
t
th
e
im
p
a
c
t
s
of
sa
i
d
de
v
e
l
o
p
m
e
n
t
on
ad
j
a
c
e
n
t
pr
o
p
e
r
t
y
owners will be the same.
Fr
o
m
th
i
s
st
a
n
d
p
o
i
n
t
it
ma
k
e
s
mo
r
e
se
n
s
e
to
es
t
a
b
l
i
s
h
re
a
s
o
n
a
b
l
e
la
n
d
us
e
co
n
t
r
o
l
s
in
st
e
a
d of
re
l
y
i
n
g
on
th
e
ta
x
st
a
t
u
s
of
a pr
o
pe
r
t
y
owner when determining
th
e
vi
a
b
i
l
i
t
y
of
a pr
o
j
e
c
t
or
id
e
n
t
i
f
y
i
n
g
re
q
u
i
r
e
d
pe
r
m
i
t
re
v
i
e
w
pr
o
c
e
s
s
e
s
(i
.
e
.
ad
m
i
n
i
s
t
r
a
t
i
v
e
re
v
i
e
w
ve
r
s
u
s
a re
q
u
i
r
i
n
g
a sp
e
c
i
a
l
us
e
pe
r
m
i
t
)
.
116
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
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Page 5-19
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USE
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A SPE
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districts. We
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r
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t
l
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w
ce
r
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c
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th
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d
do
no
t
be
l
i
e
v
e
it
wa
s
th
e
in
t
e
n
t
of
the County to require both
th
e
is
s
u
a
n
c
e
of
a Cl
a
s
s
A Sp
ec
i
a
l
Us
e
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r
m
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t
an
d
a re
z
o
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to
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th
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wi
t
h
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n
th
e
re
c
r
e
a
t
i
o
n
a
l
facilities designation.
117
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
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b
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o
f
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s
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e
Page 5-26
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
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O
N
A
L
ZON
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G
DIS
T
R
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* = PER
M
I
T
T
E
D
USE
USE
TYP
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CON
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AS
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MP
D
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P
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NO
T
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:
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p
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t
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I
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;
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a
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h
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s
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o
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(
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r
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n
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,
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r
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r
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i
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s
,
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n
d
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rm
i
t
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r
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s
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o
m
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o
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s
e
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E
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M
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C
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T
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N
S
3 Re
c
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d
e
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ch
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s
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r
e
ar
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to
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th
r
o
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o
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t
th
e
UD
O
.
118
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-37
(e) A statement for setting forth the length of time for which the request is
made. Approval shall not exceed one year.
(2) Standards of Evaluation
(a) The relationship between the occupants of the single family unit and the
mobile home is established.
(b) There is a certificate from a licensed physician (MD) stating the necessity
of direct care.
(c) The floor plan of the existing single family unit shows there is no
reasonable alternative to the mobile home.
(d) The proposed site plan shows the location and setbacks of the existing
single family unit, the mobile home, and driveways and parking areas.
The setbacks for all structures meet or exceed the requirements of the
district in which the lot is located.
(e) There shall be adequate lot area for each unit, according to the minimum
requirements of the zoning district in which the lot is located.
(f) Approval of the Orange County Health Department for water and
sewerage disposal facilities, or the approval of the appropriate agency
from which sanitary sewer and water will be supplied.
(g) Approval of the application shall not exceed one year. Renewal shall
constitute a new application.
5.4.5 Buildings for Temporary Use
(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) Site plan showing all existing and proposed structures on the site,
existing and proposed topography at a contour interval of five feet,
existing and proposed landscaping, parking areas, access points, any
officially designated flood plains, and other site details.
(b) A description of the exterior materials, color and construction details.
(c) Statement of proposed use and length of time building will be in use.
(2) Standards of Evaluation –
(a) The temporary building shall not be used for residential purposes.
(b) The temporary building shall not be used by operations offering drive-in
services.
(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
119
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-38
(1) Accessory structures and uses, including recreational uses and amenities, 4shall
not be located in any required front open space and shall conform to the principal
setbacks of the district where located unless otherwise provided in this Section.
(2) An attached private garage, or carport, not exceeding 12 feet in height, may
occupy a portion of the required side open space, provided that this does not
result in a required side open space of less than 7% of the lot width, nor a total,
when combined with the required side open space of the lot immediately
adjacent, of less than eight feet.
(3) Mobile homes as accessory structures to residential uses are prohibited.
5.5.2 Efficiency Apartment
(A) General Standards of Evaluation
(1) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(2) The efficiency unit shall contains no more than 800 square feet of gross floor
area.
(3) The residential lot shall meet the minimum lot size requirements of the zoning
district in which it is located.
(4) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(5) The efficiency unit shall be accessory to the principal dwelling unit and may be
attached or detached.
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirements–
In addition to the completed application form, applicants for a minor or major
home occupation shall submit the following to the Planning Department:
(a) Minor Home Occupations
(i) A plot plan of the property on which the home occupation is to be
located. The plot plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
c. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
4 Staff has always interpreted a recreational use (i.e. pool, basketball court, etc.) to be an customary accessory use
to a residential land use. We are adding language here to formalize this interpretation which will require such uses
to comply with established dimensional standards (i.e. setbacks).
120
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-64
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 groundwater 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 are
expected to be affected by withdrawals made by the proposed use.
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Uses as Accessory Uses5
(A) Residential Land Uses6
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a residence shall abide by the following:
(1) General Standards
(a) Accessory recreational uses shall not be open to the public or serve as a
recreation amenity for other lots.7
(b) Amenities, equipment, and/or facilities intended for spectators such as
bleachers or public address systems shall not be permitted.8
5 There have been issues in the past with property owners allowing for the use of recreation amenities on their
property to serve others. To address this issue staff is recommending the imposition of various standards to
ensure this use does not become some form of commercial operation.
6 Bold Green Underlined text added to address comments from the September 8, 2015 Quarterly Public Hearing.
There was concern the regulations, as written, would prevent a church from developing a recreational amenity for
their congregation’s use. While staff does not believe this would be the case, we have added language clarifying
the section to address the concern.
7 Staff is not trying to say a property owner cannot have friends over who use a pool or basketball court. What we
are attempting to avoid is the de‐facto expansion of an accessory use on a parcel property to serve other lots
recreational needs or be open to the public like a non‐residential land use can be. Please note this will not prohibit
subdivision developer’s from establishing a recreational amenity for their projects. That is addressed in Section
7.11 of the UDO.
8 Staff has received concerns from various property owners over the years with respect to a private land owners
ability to erect amenities, primary athletic field lights, to expand the use of their accessory recreation use. Staff is
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(c) Outdoor sports field lighting, as detailed within Section 6.11, shall be
prohibited.9
(2) Specific Standards10
(a) Shooting activities11
(i) All shooting or targeting activities, not otherwise exempted
herein,12 shall be designed or oriented to keep projectiles on the
property.
(ii) Shooting activities occurring outdoors shall:
a. Be located a minimum of 300 feet from all property
lines, rights-of-way, or access easements;
b. Be located a minimum of 1,000 feet from occupied
dwelling units external to the property; and
c. Be directed into a projectile-proof backstop
consisting of concrete, steel, earth, wood, or
combination thereof a minimum of 15 feet in height
and 30 feet in depth.13
(iii) Shooting activities occurring indoors shall:14
a. Be located a minimum of 100 feet from all property
lines, rights-of-way, or access easements, and
b. Be designed to keep the shot within the structure.15
(iv) Shooting or targeting activities occurring outdoors shall
occur only between the hours of 10:00 a.m. to 6:00 p.m.
recommending language that would prohibit the installation/use of equipment allowing for the expanded use of a
recreation amenity beyond what is considered customary for a residential setting.
9 This would prohibit the erection of sports field lights for accessory recreational land uses developed to support a
residential recreational facility.
10 As written staff is still proposing to establish specific standards for target shooting activities as an accessory use
to a residence. There was some discussion at the public hearing to eliminate these standards, specifically setback
and backstop requirements, and enforce non‐residential target shooting activities only.
11 There have been issued associated with the discharge of firearms on private property, focusing on noise and
public safety issues. Staff is attempting to establish reasonable land use regulations to address safety concerns by
requiring discharged items remain on the subject parcel and for those areas where a gun is discharged to be set
distances from a property line and occupied dwelling units.
12 Bold Blue Underlined text represents a change made in consultation with the County Attorney’s office designed
to address a concern from the September 8, 2015 Quarterly Public Hearing proposed regulations could restrict the
‘incidental’ discharge of a firearm or be construed as limiting a person’s right to do so.
13 Bold Green Underlined text represents a change to address comments from the September 8, 2015 Quarterly
Public Hearing and combines what was proposed to be Section(s) 5.7.1 (B) (1) (b) and (c) into 1 section. Staff has
decided to add language reducing required setbacks if shooting/targeting activities occur indoors to address BOCC
and Planning Board concerns over the possible impacts proposed setbacks would have on a property owner’s
ability to engage in target shooting activities.
14 Bold Green Underlined text represents additional regulations to address comments from the September 8, 2015
Quarterly Public Hearing to provide greater flexibility for those property owners who choose to erect an indoors
target range on their property with respect to required setbacks.
15 Staff is not recommending the establishment of a standard with respect to an indoor projectile‐proof backstop.
We believe this can be addressed on a case by case basis.
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daily.16
(v) Warning signs indicating shooting activities are occurring on the
property shall be posted at one hundred-foot intervals along the
perimeter of the property in accordance with Section 6.12.5.17
(vi) A Type B land use buffer, as detailed within Section 6.8,
shall be required around the perimeter of the portion of property
where outdoor target shooting activities occurs.18
(vii) The use of exploding shells, targets, or other similar materials
shall be prohibited.
(viii) Nothing within Section 5.7.1 shall be construed as limiting or
otherwise restricting hunting activities, the use of fireworks, the
incidental discharge of a firearm, the discharge of a firearm
in self-defense, or engaging in target shooting activities on
a parcel of property less than 3 days a month19.
(b) Motor Cross and Go-Kart Tracks20
(i) All tracks and/or paths shall be located a minimum of 100 feet
from a property line.
(ii) A track or path shall not cross over active septic fields.
(iii) A Type B Land Use Buffer, as detailed in Section 6.8, shall be
required around the portion of the property where the track is
located.
(B) Non-residential Land Uses 21
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a non-residential land use shall abide by the
following:
(1) Uses shall not constitute Recreational Facilities.
5.7.15.7.2 Recreational Facilities
(A) General Standards of Evaluation
16 Bold Green Underlined text represents additional regulations to address comments from the September 8, 2015
Quarterly Public Hearing where BOCC and Planning Board members recommended limiting the hours which target
shooting activities could occur.
17 Bold Green Underlined Text represents clarifying language requested at the September 8, 2015 Quarterly Public
Hearing to ensure erected warning signs are consistent with established regulations.
18 This will require either the erection of a land use buffer, or preservation of existing vegetation, around the area
of the property where shooting activities are occurring. Staff is recommending the installation of a buffer
regardless of shooting occurring indoors or outdoors as the buffer will assist with the possible reduction of noise
occurring from a discharged weapon.
19 Bold Blue Underlined text represents a change made in consultation with the County Attorney’s office after the
Quarterly Public Hearing and is designed to ensure we are not limiting the lawful discharge of a firearm or
otherwise requiring compliance with development requirements for property owners who may engage in
incidental target shooting activities.
20 In the late 1990’s and early 2000’s staff received numerous complaints from local property owners over the use
of motorcycles and go‐karts on private property. We are amending existing regulations to establish setback and
land use buffer requirements to address these concerns.
21 Bold Green Underlined text represents a change to address comments from the September 8, 2015 Quarterly
Public Hearing clarifying development standards for recreational amenities developed by non‐residential land uses
such as a church.
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(1) The standards included herein shall be applied to the following for-profit
recreational facilities as a principal use of property.22
(a) Tennis clubs Sports played on a 23,
(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, or other similar activities
(k) Rope climbing or obstacle courses,
(l) Go-kart or motor cross track,
(m) Exercise facilities including aerobic and yoga studios,
(n) Indoor athletic facilities and
(o) Other similar uses.
(2) The minimum lot area shall be two acres.
(3) Facilities may include such features as play and training areas, athletic field
lights, public address systems, parking for patrons and staff, storage/office
facilities, and restroom/locker facilities.
(3)(4) No building shall be closer than 20 feet from any right-of-way or property line or
than the minimum requirements of the district in which it is located. or 20 feet to
the public right of way or private property line, whichever is greater.
(4)(5) Outdoor athletic fields shall comply with the provisions of Section 6.11 and shall
be located a minimum of 50 feet from a property line.24
(6) All outdoor recreational facilities shall utilize a combination of screens, fences,
nets, berms, or vegetation to keep equipment on the property.25
(B)
(B) Standards for Specific Uses26
(1) Shooting Ranges
(a) Shooting ranges, not otherwise exempted herein, 27shall be designed
or oriented to keep projectiles on the property.
22 Bold Blue Underlined text represents a change made in consultation with the County Attorney’s office after the
Quarterly Public Hearing in an attempt to further distinguish a recreational facility, considered a principal use of
property, versus an accessory use.
23 Text moved to the definition of a Recreational Facility in Article 10.
24 This is a new regulation designed to protected adjacent property owners from the glare of outdoor lighting
generated by an outdoor recreational facility.
25 This regulation is designed to ensure any equipment used as part of an outdoor facility (balls, etc.) stays on the
property.
26 These regulations would govern the development of commercial shooting ranges.
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(b) Outdoor shooting ranges shall:28
(i) Be located a minimum of 300 feet from all property lines,
street rights-of-way, or access easements;
(ii) Be located a minimum of 1,000 feet from occupied dwelling
units external to the property; and
(iii) Have shooting activities directed into a projectile-proof
backstop consisting of concrete, steel, earth, wood or
combination thereof, a minimum of 15 feet in height and 30
feet in depth.
(iv) Operate only from 10:00 a.m. to 6:00 p.m. daily.29
(v) Maintain a Type F land use buffer, as detailed in Section 6.8,
around the perimeter of the range.
(c) Indoor shooting activities shall:
(i) Be located a minimum of 50 feet from all property lines,
street rights-of-way, or access easements;
(ii) Be located a minimum of 500 feet from occupied dwelling
units external to the property; and
(iii) Have shooting activities directed into a backstop to keep the
shot within the structure.
(iv) Maintain a Type B land use buffer, as detailed in Section 6.8,
around the permiter of the property.
(d) Nothing in Section 5.7.2 (B) shall be construed as regulating hunting
activities or the operation of a shooting range developed for, and
exclusively utilized by, local, State, and/or Federal law enforcement
agencies.
(e) Nothing in Section 5.7.2 (B) shall be construed as regulating or
prohibiting:
i. Hunting activities or the operation of a shiooting
range developed for, and exclusively utilized by,
local, State, and/or Federal law enforcement
agencies.
ii. The holding of turkey shoots or other similar
activities conducted as a fundraiser or
community event so long as such activities
occur no more than three days in a given
calendar year on a parcel of property30,
iii. The incidental discharge of a firearm, the
discharge of a firearm in self-defense, or
27 Bold Blue Underlined text represents a change made in consultation with the County Attorney’s office after the
Quarterly Public Hearing and is designed to address a BOCC concern over overregulating the ‘incidental’ discharge
of a firearms.
28 Bold Green Underlined text represents a change to address comments from the September 8, 2015 Quarterly
Public Hearing to ensure setback/development standards for shooting ranges are similar regardless if they are for
private or public use.
29 Bold Blue Underlined text represents a change made in consultation with the County Attorney’s office after the
Quarterly Public Hearing to consolidate regulations governing outdoor shooting activities into a central section.
30 Staff did not want to inadvertently prohibit what has become a lucrative fundraising opportunity for several local
organizations. As a result language was included to allow for turkey shoots and other similar activities to occur.
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engaging in target shooting activities on a
parcel of property less than three days in a
given month.31
(2) Outdoor Paintball
(a) Areas where outdoor paintball activities occur shall be a minimum of 50
feet from all property lines, street rights-of-way, or access easements.
(b) A Type B land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of the portion of property where outdoor paintball
activity occurs.
(3) Pitch and Putt Courses
(a) Pitch and putt areas shall be located a minimum of 40 feet from all
property lines, street rights-of-way, or access easements.
(b) A Type B land use buffer, as detailed in Section 6.8, shall be required
around the perimeter of the portion of property where pitch and putt
course activity occurs.
(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 description of the exact type facility planned, the amount of area,
including and number of members or participants expected, a site plan
showing siting and size of existing and proposed building.
(b) Access, parking, service and recreation areas for all planned facilities or
existing facilities.
(c) Plans, and elevation for all proposed and existing structures and
descriptions of the color and nature of all exterior materials.
(d) A landscape plan showing, at the same scale as the site plan, existing
and proposed trees, shrubs, ground cover and any other landscape
materials.
(e) A signed statement from the owners or operators that there shall be no
activity allowed that will have adverse effects on adjacent property. The
statement shall also include a complete list of all recreational activities
that will take place on the site.
(2) Standards of Evaluation
(a) The property shall have direct frontage on, and obtain vehicular access
from, a public road.32
(a)(b) Lot size shall be adequate for the method of sewage disposal proposed,
and for the proposed recreational uses.
(b)(c) The site plan should show the boundaries of the site, the distances to the
nearest residential structures, proposed or existing access points,
parking and service areas, location of outdoor recreational facilities, and
location of existing or proposed buildings.
31 Bold Blue Underlined text represents a change made in consultation with the County Attorney’s after the
Quarterly Public Hearing to ensure we are treating the discharge of a firearm consistently within the UDO.
32 Staff is recommending this change in an attempt to ensure there is adequate access to a recreation facility and
to avoid the use of private roadways supporting such activities.
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(c)(d) The landscape plan shall be at the same scale as the site plan and
should show how the facilities will be screened from the adjacent
properties, in addition to proposed or existing trees, shrubs and ground
cover.
(d)(e) Elevations of all structures and buildings. The structure shall be of such
a nature as to preserve the residential character of the area.
(e)(f) There are no adverse impacts on the adjacent roads or residential
property.
5.7.25.7.3 Golf – Driving and Practice Range
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) All existing or proposed buildings, tee areas, lawn areas,
(ii) Distances to nearest residential structures,
(iii) Access road(s) to the site, with an indication of type of proposed
surface;
(iv) On-site parking and roads, with an indication of type of proposed
surface; and
(v) All other requirements as indicated in section 2.5.
(2) Standards of Evaluation
(a) Unless public sewer is proposed to be extended, the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability. Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval.
(b) The landscape plan shall show how the facilities will be screened from
the adjacent properties. A Type D 50 foot buffer, as indicated in Section
6.8, shall be observed around the perimeter of the property. This buffer
shall be located outside of the required dimensional area indicated in d.
below.
(c) The site plan, as required in Section 2.7, shall be reviewed by the
Orange County Recreation and Parks Director.
(d) The depth of a range along the driving axis shall be not less than 350
yards measured from the locations of the tees and the breadth not less
than 200 yards at a distance of 350 yards from the tees.
(e) Service to customers shall be halted at dusk. Lighting of the driving and
practice range is not permitted.
5.7.35.7.4 Golf Courses
(A) Intent
The purpose of this Subsection is to protect natural, visual, and cultural resources by
regulating the location, planning, design, construction, operation, and maintenance of golf
courses and associated uses.
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Public Interest Area
Land which contains public or quasi-public uses such as state parks, research forests or known
archaeological or historical sites.
Public Safety Hazard and/or Nuisance
Anything, which is injurious to the safety or health of an Orange County neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Vehicular Areas
Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the public and where the offer for dedication has not been accepted.
Recreation Use, Non-Profit
An indoor or outdoor recreation use owned by a not-for-profit corporation, according to the laws of North
Carolina.
Recreation Use, Profit
An indoor or outdoor recreation use owned by an entity other than a not-for-profit corporation.
Recreation Space
Exterior area appropriately improved for common recreational use. Part of total and livability open space.
Recreation Space Ratio
Recreation space ratio is the minimum square footage of open space in residential areas, suitable by
location, size, shape, access and improvements, required for each square foot of gross land area. This
area is a public or private exterior area improved for recreation of all residents, having a least dimension
of 50 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet.
Recreation Vehicle (RV)
A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing
short term recreational living accommodations, designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel, or seasonal use.
Recreational Facility – For ProfitFacilities
Includes uses such as tennis clubs, swim clubs, racquet ball, squash clubs, pitch and putt courses,
amusement areas, bowling allies, skating rinks, shooting ranges, billiard and pool halls, indoor athletic
facilities and such similar uses A use of property occurring indoors and/or outdoors providing recreational
amenities, activities, or services33 including, but not limited to: sports played on a court, amusement
arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool halls, paintball, rope
climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic
and yoga studios, athletic facilities, and gymnasiums.34
Reference level
The portion of a structure or other development that must be compared to the regulatory flood protection
elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas
designated as Zone AE, the reference level is the top of the lowest floor.
33 Language within the definition was revised after the public hearing based on comments from the County
Attorney’s office in an attempt to make enforcement easier.
34 Bold Blue Underlined text represents a change made in consultation with the County Attorney’s office after the
Quarterly Public Hearing moving language previously found in Section 5.7.1
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