HomeMy WebLinkAboutOCPB agenda 120215ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, December 2, 2015
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
3 - 4
INFORMATIONAL ITEMS
a. Planning Calendar for December and January
b. Reminder: Annual Election of Chair/Vice Chair in January
c. Revised Public Hearing Process Begins in January (Items on
February QPH Agenda will be on January Planning Board
Agenda for a Recommendation)
3. 5 - 15
APPROVAL OF MINUTES
November 4, 2015 ORC Notes
November 4, 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.
1
No. Page(s) Agenda Item
6. CHAIR COMMENTS
7. 16 - 42 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation to the BOCC 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 and was discussed at the October 7 and November 4, 2015
Planning Board meetings.
Presenter: Michael Harvey, Current Planning Supervisor
8. 43 - 63 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation to the BOCC on government-initiated amendments to
the text of the UDO regarding sexually oriented businesses. This item
was heard at the November 23, 2015 quarterly public hearing
Presenter: Michael Harvey, Current Planning Supervisor
9. 64 - 75 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation to the BOCC on government-initiated amendments to
the text of the UDO regarding car sales and rental operations. This item
was heard at the November 23, 2015 quarterly public hearing
Presenter: Michael Harvey, Current Planning Supervisor
10.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
11. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR
MICHAEL HARVEY (919-245-2597).
2
< November December 2015 January >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
ORC 6:30 pm;
reception for
Pete
Hallenbeck
before Planning
Board meeting
@ 7:00 pm
WCOB 004*
6 7 8 9 10 11 12
Regular BOCC
Meeting
7:00 pm
Whitted
Building
13 14 15 16 17 18 19
Board of
Adjustment
7:30 pm
WCOB 004
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Center
OUTBoard
7:00 pm
WCOB 004
20 21 22 23 24 25 26
Holiday/Offices
Closed
Holiday/Offices
Closed
Holiday/Offices
Closed
27 28 29 30 31
Notes:
* Planning Board Member
Attendance Required
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
3
< December January 2016 February >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
Notes:
* Planning Board Member Attendance Required
WCOB = West Campus Office Building (131 W. Margaret Lane, Hillsborough)
New Year’s
Day/Offices
Closed
3 4 5 6 7 8 9
Planning Board
7:00 pm
WCOB 004*
10 11 12 13 14 15 16
Board of
Adjustment
7:30 pm
WCOB 004
17 18 19 20 21 22 23
Martin Luther
King Jr.
Day/Offices
Closed
OUTBoard
7:00 pm
WCOB 004
Regular BOCC
Meeting
7:00 pm
Whitted
Building
24 25 26 27 28 29 30
BOCC Annual
Retreat 9:00 –
4:00 (location
TBD)
31
4
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 NOVEMBER 4, 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; Lydia Wegman (Vice Chair), At-8
Large Chapel Hill Township; Lisa Stuckey, Chapel Hill Township Representative; James Lea, Cedar Grove 9
Township Representative; Tony Blake, Bingham Township Representative; Paul Guthrie, At-Large Chapel Hill 10
Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham Township; 11
12 13 MEMBERS ABSENT: Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 14
Representative; Herman Staats, At-Large; 15
16
17
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Perdita Holtz, 18
Special Projects Coordinator, Ashley Moncado, Special Projects Planner, Meredith Pucci, Administrative Assistant II 19
20
21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23
24
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS- TEMPORARY HEALTHCARE 25
STRUCTURES AND OTHER HOUSING OPTIONS 26 TO REVIEW AND COMMENT UPON PROPOSED AMENDMENTS TO THE UDO REGARDING TEMPORARY 27
HEALTHCARE STRUCTURES AND OTHER CUSTODIAL CARE HOUSING OPTIONS 28
Presenter: Ashley Moncado 29
30
Ashley Moncado reviewed abstract 31
32
Perdita Holtz: Depending on how things go tomorrow night with the public hearing process if that gets adopted the 33
next steps will be different. 34
35
Lisa Stuckey: If I live in a subdivision can I really put a 1,000 square foot unit. 36
37
Ashley Moncado: That depends on if you met zoning requirements. 38
39
Peter Hallenbeck: 350 square feet to start is too small. 40
41
Lisa Stuckey: I agree. 42
43
Lydia Wegman: Why does option B only allow two occupants? 44
45
Ashley Moncado: With option B you have the option of a larger size, so you can go up to the 1,000 square feet, you 46
won’t be limited to the 300 square feet. 47
48
Paul Guthrie: You have up to two people to reside in a temporary facility and you can have five unrelated people to 49
live in a dwelling unit. What if you have five people living in a dwelling unit and had two people living in an unrelated 50
care center. Could those five people use some of the facilities without violating the ordinance? Could you actually 51
have seven people using the facility? 52
53
5
Ashley Moncado: In theory, possibly. If they met the health and environmental standards to put the temporary 54
structure on the property I don’t know if there is anything we could do to enforce it until we receive a complaint. 55
56
Paul Guthrie: I’m not advocating restricting it; I’m just trying to get the definition. 57
58
Ashley Moncado: The session law is a little vague regarding that. 59
60
Andrea Rohrbacher: A person from another state comes to get care here needs to have a North Carolina license 61
provider for prescriptions. How is this going to cover that situation? 62
63
Perdita Holtz: That’s not something we would enforce through land use laws. 64
65
Peter Hallenbeck: It sounds to me like there are two problems. One is the decision to bring someone in and once 66
they get here they are going to find local medical help. I’m noticing in this there is really no protection for somebody 67
using it as a business and there is also no protection for elderly abuse. 68
69
Ashley Moncado: Those were also concerns of ours. To be honest you could have the relationship requirement and 70
then you could have a child abusing a parent. 71
72
Peter Hallenbeck: One would hope with these amendments there might be some accompanying ordinances that 73
would cover it. 74
75
Ashley Moncado: I will be following up with the Department of Aging to see if they came across anything. 76
77
Craig Benedict: Any application we get for this, we could share that with the Health Department, Aging Department, 78
and Social Services. They may want to monitor something. 79
80
Peter Hallenbeck: I think you’re right on the money with working the Department of Aging. With ordinances they can 81
figure out if there is some way to run a background check on them. 82
83
Andrea Rohrbacher: If the area where the structure was to be located happened to be a subdivision that had 84
covenants what happens to the covenants? 85
86
Ashley Moncado: They have to meet the covenants’ restrictions. 87
88
Peter Hallenbeck: It sounds like we are taking it a little bit further in saying instead of just learning how to live with 89
what the State has mandated, let’s see if we can’t solve a bigger problem. 90
91
Paul Guthrie: I think we do what we can do under basically what is our core jurisdiction. Let’s not try to solve the total 92
legal implications. That’s not the role of the Planning Board. Other agencies may need to be brought in but that is not 93
our role and I think we could get in a quagmire if we try to regulate issues we have little to know knowledge of. 94
95
Peter Hallenbeck: I fully agree with that. I think we have done our part as we reviewed the land use and I think we 96
have commented correctly with regard to how critical it is for other agencies to be involved in the process to prevent 97
abuse. 98
99
Andrea Rohrbacher: Is the Health Department involved at all? 100
101
Ashley Moncado: This still needs to go to peer review. Tonight was just to see what option you wanted to go with and 102
then we will send it back out to our county attorneys. 103
104
Peter Hallenbeck: Well the recommendation is simply that we review and comment and I think we’ve done that. 105
People seem to like option B with all the cautions required. 106
107
6
108 AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS- AIRPORTS 109 TO REVIEW AND COMMENT UPON PROPOSED AMENDMENTS TO THE UDO REGARDING AIRPORT 110
REGULATIONS 111
PRESENTER: MICHAEL HARVEY 112
113
Michael Harvey: Reviewed abstract 114
115
Paul Guthrie: A good significant part of southern Orange County is in a very high air traffic corridor. Is there any 116
reason it isn’t mentioned that it could be comply with all necessary planning to avoid conflict. 117
118
Michael Harvey: That’s why we mention FAA Standards. They are the ones who have jurisdiction over the air travel 119
ways. 120
121
Paul Guthrie: There are at least two places in southern Orange County that have airports but they are not currently 122
operating. Are they grandfathered in? 123
124
Michael Harvey: I would probably argue that they are not grandfathered in unless they are active. What I would also 125
say though is if it’s a private air field remember that the non-conforming section of the unified development ordinance 126
mandates that if you have a legal land use you’re deemed to have your permits. 127
128
Lydia Wegman: Are there many private airports right now in the county? 129
130
Michael Harvey: There is rumored to be about three. 131
132
James Lea: Is that the case on Efland-Cedar Grove Road? 133
134
Michael Harvey: Yes 135
136
Lisa Stuckey: Is the Chapel Hill Airport being used at all? 137
138
Michael Harvey: It is still in use and I think you’re looking at it being there for quite a while. 139
140
Lisa Stuckey: Well they will go away with it if they do Carolina North because the runway is the main street. 141
142
Craig Benedict: Until they get enough funding to get Carolina North moving they will probably keep it open until they 143
foresee the development work. 144
145
Michael Harvey: I’ll just stress obviously the genesis of this was to address the fact that our regulations would not 146
properly regulate a new airport facility because they were outdated and this is an attempt obviously to bring it up-to-147
date. 148
149
Lisa Stuckey: I could see people getting pretty upset if there was a commercial airport nearby. 150
151
Peter Hallenbeck: With regard to the drones for commercial purposes, does that mean if a farmer has a drone that is 152
used to check his crops that he is going to have to fill this out? 153
154
Michael Harvey: No, because farms are exempt from zoning. 155
156
Michael Harvey: As part of this proposal we are recommending that there be a pre-application submittal requirement. 157
Specifically, if someone wants to develop a general aviation air field they have to get a letter to use with sufficient 158
documentation showing where the airport’s going to be and showing the development of the airport. We are going to 159
have an initial public information meeting. This is going to be in addition to neighborhood meeting that is required. 160
161
7
Lisa Stuckey: So by state you mean if the University wanted to establish one that would also be exempt. 162
163
Michael Harvey: The only reason UNC had to come to use is because the general assembly said you have to comply 164
with local zoning regulations. Just so everyone knows we are going before the Economic Development Commission 165
advisory board to talk to them about this. We are going to make a presentation to the Commission for the 166
Environment. 167
168
Peter Hallenbeck: The airport in Alamance probably helps the economic development zone in the Efland area. It 169
probably doesn’t help with the Eno. 170
171
Tony Blake: I’d like to see the commissioners consider higher requirements for the neighborhood information. 172
173
Michael Harvey: There are going to be two neighborhood meetings. 174
175
Lydia Wegman: Is it clear that there are two neighborhood information meetings required? 176
177
Michael Harvey: Yes, on article two under the conditional zoning process. 178
179
Peter Hallenbeck: Unless anyone has anymore comments we have reviewed and commented on the proposed 180
amendment. 181
182 AGENDA ITEM 4: ADJOURNMENT 183
8
MINUTES 1
PLANNING BOARD 2 NOVEMBER 4, 2015 3
REGULAR MEETING 4
5
MEMBERS PRESENT: Peter Hallenbeck (Chair), Cheeks Township Representative; Lydia Wegman (Vice Chair), At-6
Large Chapel Hill Township; Lisa Stuckey, Chapel Hill Township Representative; James Lea, Cedar Grove 7
Township Representative; Tony Blake, Bingham Township Representative; Paul Guthrie, At-Large Chapel Hill 8
Township; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham Township; 9
Buddy Hartley, Little River Township Representative; 10
11 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Herman Staats, At-Large; 12
13 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Perdita Holtz, 14
Special Projects Coordinator, Ashley Moncado, Special Projects Planner, Meredith Pucci, Administrative Assistant II 15
16 17 AGENDA ITEM 1: CALL TO ORDER 18
19
AGENDA ITEM 2: INFORMATIONAL ITEMS 20
a) Planning Calendar for November and December 21
• Quarterly Public Hearing on Monday, November 23 22
23
AGENDA ITEM 3: APPROVAL OF MINUTES 24
October 7, 2015 Regular Meeting 25
26 MOTION by Peter Hallenbeck to approve the minutes. Seconded by Lydia Wegman. 27
VOTE: UNANIMOUS 28
29 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 30
31
No changes to the agenda. 32
33 AGENDA ITEM 5: PUBLIC CHARGE 34
35 Introduction to the Public Charge 36
The Board of County Commissioners, under the authority of North Carolina General 37
Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land 38
development laws of the County. The general purpose of OCPB is to guide and 39
accomplish coordinated and harmonious development. OCPB shall do so in a manner 40
which considers the present and future needs of its residents and business through 41
efficient and responsive process that contributes to and promotes the health, safety, and 42
welfare of the overall County. The OCPB will make every effort to uphold a vision of 43
responsive governance and quality public services during our deliberations, decision, and 44
recommendations. 45
46 Public Charge 47
The Planning Board pledges to the residents of Orange County its respect. The Board 48
asks its residents to conduct themselves in a respectful, courteous manner, both with the 49
Board and with fellow residents. At any time, should any member of the Board or any 50
resident fail to observe this public charge, the Chair will ask the offending member to 51
leave the meeting until that individual regains personal control. Should decorum rail to be 52
9
restored, the Chair will recess the meeting until such time that a genuine commitment to 53
this public charge is observed. 54
55
AGENDA ITEM 6: CHAIR COMMENTS 56
57
Peter Hallenbeck: I will be leaving after the first item because I need to attend the Fire Chief meeting. 58
59 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a recommendation 60
to the BOCC on government-initiated amendments to the text of the UDO regarding 61
recreational land uses, including shooting ranges. This item was heard at the September 62
8, 2015 quarterly public hearing and was discusses at the October 7, 2015 Planning 63
Board Meeting 64 Presenter: Michael Harvey, Current Planning Supervisor 65
66
Michael Harvey reviewed the abstract and mentioned that the attorney’s office may decide to take some of the 67
shooting range language out of the UDO and put it in the general code of ordinances. 68
69
Lydia Wegman: What would be the process for putting it somewhere else? 70
71
Michael Harvey: The County Attorney’s office would have to draft the ordinance and take it to the County 72
Commissioners and they would have to approve it but it would be in the general county code of ordinances. It 73
wouldn’t be a land use ordinance. So you all as an example wouldn’t get to see it or comment on it because it’s not a 74
land use ordinance. 75
76
Lydia Wegman: Who would get to comment on it? 77
78
Perdita Holtz: Anybody can show up at the BOCC meeting and sign up to speak. 79
80
Paul Guthrie: One issue that might keep you slightly in the process would be that the applicant had to be able to 81
police all the brass and residue of shots off the property. It’s changing the character of the land use. 82
83
Michael Harvey: That was discussed and quite honestly the thought was that its ancillary component of the shooting 84
activity and while it may be an important one the issue is the safety with respect to the discharge of the firearm. 85
There are probably going to be regulations that will be enforced by other departments and agencies. 86
87
Paul Guthrie: Have you begun to think through how you can link all of these organizations together for discussion of 88
these issues? 89
90
Michael Harvey: All the agencies we talked about have completed peer review of these regulations and have said 91
that they have no concerns or comments. 92
93
Lisa Stuckey: Do they care what we think? It seems to me that the enforcement of shooting regulations should be 94
done by the Sheriff’s Office. 95
96
Michael Harvey: The County Commissioners care because they asked you to comment on it. 97
98
Buddy Hartley: The Sheriff Deputies are going to come out to any call. If you call and say my neighbor is shooting 99
they have got to come out. One thing that I don’t want to see happen out of this is the Sheriff Department having 100
more problems with frivolous things. 101
102
Michael Harvey: At the October 7th meeting you were provided with a memorandum from the Sheriff’s Office that 103
basically said here is our SOP when it comes to discharge of guns and that’s exactly what they do. 104
105
10
Buddy Hartley: Do we need to wait and see what the Attorney decides? 106
107
Michael Harvey: You have a couple of options. In my mind your options are that you can ask that this be delayed until 108
you hear what the County Attorney wants to do, you can all make the statement that you concur with the county 109
attorney and if that’s the decision you will support it. 110
111
Paul Guthrie: It seems to me that the Sheriff’s Department is not going to be enforcing the land use that is disturbing 112
a neighbor or potential harm to the neighbor. It’s going to be a question of noise and stuff like that so what you’re 113
saying to me is that there will be absolutely no regulations except the discharge of a firearm regulations. 114
115
Michael Harvey: The Sheriff’s Office is not being asked to enforce a land use component. 116
117
Lydia Wegman: Won’t the minimum back stop be ignored? 118
119
Michael Harvey: I don’t know if they are going to exist or not because the County Attorney will be doing the 120
recommendation. 121
122
Peter Hallenbeck: I suggest that in regard to the item on page 34 at some point we go around the room and people 123
just address what they think otherwise we will be here talking back and forth. If two and three go away then the 124
Sheriff Deputies have to decide is it safe. 125
126
Michael Harvey: Well in conclusion let me just say everything else about the ordinance is going to stay the same 127
including the non-residential activity. Please note, on page 40 we added language in consultation with the County 128
Attorney’s office. So if you’re going to be active with this tonight I ask that replacement page 40 become a part of 129
your official action. 130
131
Paul Guthrie: You have no standard in the rest of the material if you’re giving it all to the Sheriff. 132
133
Michael Harvey: We are not giving it all to the Sheriff because recreational facilities are the non-residential activity 134
and the shooting standards will remain in that section for recreational facilities. The only thing coming out is for 135
private shooting. 136
137
Peter Hallenbeck: We have to remember where this came from. We had definitions based on profit and non-profit. 138
139
Tony Blake: So there is no distinction between profit and non-profit? 140
141
Michael Harvey: Well the problem is from a language standpoint the impacts are the same. 142
143
Tony Blake: Right, so there is no leniency with one or the other. 144
145
Michael Harvey: I know it’s a lot for you all to take in. I certainly don’t want to try to tell you how you should respond 146
to what could potentially happen to the regulations with respect to shooting on private property but again I feel you 147
need to know it’s certainly within your purview to say you want to see what the County Attorney does before we make 148
a recommendation. 149
150
Peter Hallenbeck: I would like to go around the room and let everyone comment and then we can have some general 151
discussion. 152
153
Buddy Hartley: I would like to see what the attorney decides. 154
155
Paul Guthrie: I don’t think we should be making a formal presentation until we have seen how it’s being fitted out 156
through the rest of the county. 157
158
11
James Lea: I too would like to hear what the attorney has to say. 159
160
Maxecine Mitchell: We should just sit and wait to see what the attorney says. 161
162
Lisa Stuckey: I agree with everybody else. 163
164
Andrea Rohrbacher: I agree with everybody else. 165
166
Tony Blake: Overall I agree with everybody else but I think what really needs to happen is they need to consider the 167
source of the complaint but let’s hear what the attorney has to say first. 168
169
Lydia Wegman: I agree with waiting for the attorney but I would like to have these set back requirements enforced in 170
some way. 171
172
Peter Hallenbeck: I am a little concerned about the two incidents a month; I think that’s too low for rural areas. I think 173
I would be more concerned that target practice happens during daylight hours than I would how many times it 174
happens. I like the simplification on page 34 that just says that the set-up is designed to keep the projectiles on the 175
property. I think that’s something that gives the Sheriff some discretion. I would not be opposed to some setbacks in 176
regard to safety. I like the change on page 40, I think it strikes to the reason we are doing this. Meaning getting away 177
from the profit and non-profit and simply saying is this going on for compensation. We need a big picture with respect 178
to other agencies and how they work together because we keep running into this with planning ordinances. I would 179
now like to open up the floor for any more comment. 180
181
Michael Harvey: It sounds to me like the board would rather not make a decision until it gets something definitive 182
from the County Attorney so my recommendation is that your motion be that this be continued to the December 183
regular meeting and that you ask the county commissioners to extend the public hearing to the first meeting in 184
January. 185
186 MOTION made by Paul Guthrie to move continue item to December meeting and request the public hearing be the 187
first meeting in January. Buddy Hartley seconded. 188 VOTE: Unanimous 189
190
Michael Harvey: Just as a heads up we are due to go before the Board of County Commissioners tomorrow night and 191
extend the public hearing so originally we asked it to be extended to the December 7th meeting, we will ask that it be 192
adjourned until the first meeting in January. 193
194
Peter Hallenbeck: Are there any opposed? 195
196
Peter Hallenbeck: Okay so it is a unanimous decision to wait and not deal with this statement of consistency tonight. 197
198 AGENDA ITEM 8: JOINT PLANNING AGREEMENT AMENDMENT: To make a recommendation to the BOCC on 199
amendments to the text of the Joint Planning Agreement initiated by the Town of Chapel 200
Hill regarding membership of Transition Area residents on the Town’s Planning 201
Commission and Board of Adjustment. This item was heard at the October 15, 2015 Joint 202
Planning Public Hearing. 203 204 PRESENTER: Perdita Holtz, Planning Systems Coordinator 205
206 Note: Peter Hallenbeck (Chair) left the meeting for a prior engagement and turned the meeting over to Lydia 207
Wegman (Vice Chair) 208
209
Perdita Holtz reviewed the abstract. 210
211
12
Paul Guthrie: A number of years ago the County Board of Commissioners sent my name to the Town of Chapel Hill 212
to represent the ETJ and rather than appoint me the Town of Chapel Hill’s Planning Department redistributed the 213
seats and eliminated the position that I would have been in without any consultation with the County. I like option B 214
but one thing that should be done is to make sure they can’t play games with that procedure. 215
216
Tony Blake: I think it’s very important that people from the neighborhoods be represented well on these boards. 217
Chapel Hill has been doing away with affordable housing and they seem to be pushing that responsibility more and 218
more on the county. 219
220
Lisa Stuckey: So by state law the ETJ areas have to be represented by at least one person and that person is 221
appointed by the county commissioners, so we are talking about 200 acres and whether or not there should be an 222
appointed person to represent the two purple areas? 223
224
Perdita Holtz: Yes, although it would be ETJ or Transition Area resident. 225
226
Tony Blake: It’s just to give them a bigger pool of people to choose from. 227
228
Lisa Stuckey: ETJ is still under 7% of the population and has 2/9 of the representation, I kind of get why it’s a 229
problem. I don’t think they need one person for the two purple areas. 230
231
Tony Blake: I’m interested in the additional representation because I think there are some very critical decisions 232
coming up in those areas. 233
234
Andrea Rohrbacher: I am tending towards what Lisa said. I don’t think we need the two seats. I think the one seat 235
would be adequate. 236
237
Lydia Wegman: Paul wanted to speak so after he speaks we will go around and hear from everybody. 238
239
Paul Guthrie: I personally don’t think that one or two makes a lot of difference. I have lived in the ETJ for eleven 240
years and I have never had any communication on anything they are doing in that district. They do not communicate 241
at all so it seems to me that one of the issues is going well beyond what we are talking about. 242
243
Lydia Wegman: So that sounds like something we will want to convey potentially to the Town of Chapel Hill. 244
245
Perdita Holtz: It will be a part of the minutes and the BOCC reads those minutes and they might want to bring it up at 246
one of the joint meetings they have. 247
248
Lydia Wegman: Okay so let’s go around, Buddy you can start. 249
250
Buddy Hartley: I’m okay with option B. 251
252
Paul Guthrie: I think I’ve said about all I need to say. When it comes time to vote I’ll support option B. I do think it’s a 253
bigger issue than just this issue. 254
255
James Lea: Are we up for a vote on this tonight? 256
257
Lydia Wegman: I think we are supposed to make a recommendation to the BOCC in time for their December 258
meeting. 259
260
James Lea: Based on what I have heard I think option B is a great option. 261
262
13
Maxecine Mitchell: I had a personal experience when a decision was being made in my area and we left feeling that 263
we were not represented. We went to Carrboro and Chapel Hill and it seemed like they didn’t really care. I can 264
understand where Paul is coming from. I would support option B. 265
266
Lisa Stuckey: I am sticking with option A. I think one person for 6.7% is sufficient. 267
268
Andrea Rohrbacher: I am going to stick with option A for the same reason. I would like to also ask that both the Board 269
of County Commissioners and the Town of Chapel Hill be more proactive in recruiting in these areas. 270
271
Tony Blake: I’m going to go with option B from the same reasons I stated and exactly for the reasons Paul and 272
Maxecine said. 273
274
Lydia Wegman: I can see the virtues of option B and I would support option B for the reasons that have been 275
previously stated. 276
277 MOTION made by Tony Blake to recommend Option B to the County Commissioners. James Lea seconded. 278 VOTE: 6 – 2 (Lisa Stuckey and Andrea Rohrbacher opposed) 279
280 AGENDA ITEM 9: PLANNING BOARD ANNUAL REPORT AND WORK PLAN FOR COUNTY COMMISSIONERS’ ANNUAL 281 PLANNING RETREAT: To discuss the input form for the annual BOCC planning retreat in 282
early 2016. The annual report informs the BOCC of the past year’s activities of advisory 283
boards/commissions and assists in overall County work planning. 284
285 Presenter: Craig Benedict, Planning and Inspections Director 286
287
Craig Benedict reviewed the abstract. 288
289
Lydia Wegman: Will the Planning Board be working on the population projections or will the Planning Department 290
work on it and bring it to the Board for comments? 291
292
Craig Benedict: The Planning Department will be the ones doing it and will then bring it to the Planning Board; this is 293
more of a comprehensive plan. 294
295
Tony Blake: It’s foundational to the number of schools, roads, mass transit, and all of the other decisions that are 296
being made. 297
298
Craig Benedict: Exactly and it’s the service provisions. 299
300
Tony Blake: In Wake County they have like 120 miles of bike paths that link their parks together. Is that possible in 301
Orange County? 302
303
Craig Benedict: We have a bikeway map now. We have had difficulty creating greenway dedication requirements in 304
the rural part of Orange County. 305
306
Tony Blake: Is there any focus on alternative septic arrangements? That’s the key to the whole thing. 307
308
Craig Benedict: We had a work session where Environmental Health and Planning looked at these and they didn’t 309
give the go-ahead so I do think we need to bring it back up again. 310
311
Paul Guthrie: In terms of long term planning I think we need to develop a strategy to get ahead. 312
313
Andrea Rohrbacher: Are the County Commissioners going to need to address the co-housing issue? 314
315
14
Craig Benedict: Yes, when we are modifying to allow five people living in a house that’s co-housing. 316
317
Tony Blake: I’d love to see wireless and broadband access mentioned in communications with Jim Northrup. 318
319
Michael Harvey: Yes, we are engaging in that already. 320
321
Lydia Wegman: You mentioned on page 75 that there is a position on the Board of Adjustments for a Planning Board 322
member but the positon is currently unfilled. 323
324
Craig Benedict: Yes, we are looking for a volunteer. 325
326
Perdita Holtz: If you’re interested you should apply online 327
328
Craig Benedict: I think there were very good comments, there has been some great work done here. 329
330
331 MOTION made by Lydia Wegman to move approval of the work plan as amended. Tony Blake seconded. 332 VOTE: Unanimous 333
334
335
AGENDA ITEM 11: COMMITTEE/ADVISORY BOARD REPORTS 336 A. Board of Adjustment 337
None 338
339 B. Orange County Transportation 340
None 341
342 AGENDA ITEM 12: ADJOURNMENT 343
344
Motion to adjourn made by Lydia Wegman. 345 ___________________________________________
Pete Hallenbeck, Chair
15
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 2, 2015
Action Agenda
Item No. 7
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. Statement of Consistency
3. Proposed UDO Text Amendment(s)
INFORMATION CONTACT:
Michael Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2585
PURPOSE: To continue review of, and 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 ).
For background information on the proposal please refer to Section B.1 of Attachment 1.
The review of this item began at the October 7, 2015 Planning Board meeting (materials
available at: http://www.orangecountync.gov/Full_Agenda_Packet___PB_10_7_15.pdf) and
continued at the November 4, 2015 meeting (materials available at:
http://www.orangecountync.gov/PB_Full_Agenda_Package_110415.pdf).
During the November 4 meeting the Board was informed the County Attorney had concerns
over Planning staff enforcing proposed setback and backstop standards for private shooting
ranges, specifically over our safety in engaging in an inspection/enforcement action. The
Attorney indicated he believed it would be more prudent to see these standards located within
the County’s general ordinances and enforced by a law enforcement agency (i.e. the Sheriff’s
office).
The Board requested additional information on the possible modification of the text amendment
indicating they believed proposed setback/backstop construction standards were necessary.
The Board also requested an opportunity to review and comment on the Attorney’s proposal.
In reviewing the matter with the County Attorney, staff was informed a final determination had
not been made and that the BOCC would be asked to provide direction. Staff will reiterate the
Attorney is not objecting to the adoption of setback/backstop construction standards, but is
16
suggesting such standards might be better suited for enforcement by a different agency. At this
time there is no draft ordinance/policy for review or comment.
Planning staff believes it would be prudent for the Planning Board to complete its review, make
a recommendation on the text amendment as contained herein, and offer comment on the
Attorney’s concern/suggested course of action for BOCC consideration.
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 2, 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 3.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals is applicable to
this agenda item:
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Continue deliberation on the proposed amendment as necessary,
2. Consider the Planning Director’s recommendation, and
3. Make a recommendation on the Statement of Consistency (Attachment 2) and the UDO
text amendment (Attachment 3) in time for the January 21, 2016 BOCC meeting.
17
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 18
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,
19
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
20
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
21
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.
22
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
December 7, 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
23
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 – The Planning Board reviewed this item at its October 7, 2015
meeting where the following comments/questions were made:
1. Board members were concerned the required backstop included materials
which could cause bullets to ricochet (i.e. steel).
STAFF COMMENT: Staff has modified Section 5.7.1 (A) (2) eliminating
references to specific materials for a backstop and, instead, require the
backstop to be ‘projectile proof'.
2. A suggestion was made that proposed language be modified to require
shooting activities to occur in a low lying area of the property as a means
of further keeping projectiles on the property.
STAFF COMMENT: As indicated during the meeting relying on
topography can be problematic.
On one end of the spectrum you may have a property owner whose land
may not have sufficient slope to allow for shooting activities thereby
requiring excavation to create same. On the other end of the spectrum
topography can be altered after the fact creating a potential Ordinance
violation.
From staff’s standpoint it would be more prudent to rely on a projectile
proof backstop and strongly urge existing topography be taken into
consideration with respect to its location rather than to mandate same as a
development standard.
3. A comment was made the proposed text amendment did not adequately
address skeet shooting.
STAFF COMMENT: Staff has modified the proposal to include language
concerning skeet shooting activities.
4. A Board member asked if the regulations would address the types of
weapons that could be discharged.
24
STAFF COMMENT: The County does not have the legal authority to
restrict the type of weapon that can be discharged from private property
from a land use standpoint.
It needs to be remembered the adoption of land use regulations governing
the discharge of a firearm does not impact the enforceability of other local,
State, or Federal regulations concerning the discharge of firearms.
If, for example, it would be illegal to discharge a specific class of firearm on
private property under State law this amendment does not preempt
enforcement of same by the appropriate law enforcement agency.
5. There was general concern over proposed standards detailing the number
of times per month incidental shooting could occur on a parcel without
being considered a regulated shooting activity requiring the development
of a backstop.
STAFF COMMENT: Staff understands the concern and has reduced the
number of times incidental shooting activities can occur per month from 3
to 2. There needs to be some allowances made for a property owner who
inadvertently engages in shooting activities to not be faced with a notice of
violation from the County.
Staff will also reiterate the adoption of land use regulations governing the
discharge of a firearm does not impact the enforceability of other local,
State, or Federal regulations concerning same.
If a property owner is discharging a weapon in such a manner creating a
threat to public safety (i.e. a property owner shooting at a neighbor’s
house) action can be taken to address the problem.
This enforcement action can occur today with or without the adoption of
proposed standards.
b. Advisory Boards:
Orange County Parks Advisory Board
– DEAPR staff. Staff Transmitted
copies of the proposed text
amendments as part of peer review on
July 10, 2015.
As of this date we have not received
any comments.
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.
25
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 from the Sheriff or our
planning partners.
d. Notice Requirements
Legal advertisement was published in accordance with the provisions of the UDO.
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
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
General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
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:
26
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
27
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.
______________________ ________________________
Lydia Wegman, Vice-Chair Date
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t
a
l
l
a
t
i
o
n
s
(
N
a
t
i
o
n
a
l
G
u
a
r
d
&
R
e
s
e
r
v
e
Ar
m
o
r
y
)
~
*
*
*
*
MAN
U
F
A
C
T
U
R
I
N
G
, ASS
E
M
B
L
Y
& PRO
C
E
S
S
I
N
G
As
s
e
m
b
l
y
a
n
d
P
a
c
k
a
g
i
n
g
O
p
e
r
a
t
i
o
n
s
I
n
c
l
u
d
i
n
g
M
a
i
l
Or
d
e
r
H
o
u
s
e
s
,
B
u
t
E
x
c
l
u
d
i
n
g
O
n
-
P
r
e
m
i
s
e
s
R
e
t
a
i
l
Ou
t
l
e
t
s
*
*
*
*
*
In
d
u
s
t
r
i
a
l
,
H
e
a
v
y
~
*
In
d
u
s
t
r
i
a
l
,
L
i
g
h
t
~
*
*
*
*
In
d
u
s
t
r
i
a
l
,
M
e
d
i
u
m
~
*
*
Mi
c
r
o
b
r
e
w
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
^
B
B
*
*
*
Pr
i
n
t
i
n
g
&
L
i
t
h
o
g
r
a
p
h
y
*
*
*
*
*
*
Sawmi
l
l
s
~
*
Wi
n
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
^
B
B
*
*
*
MED
I
C
A
L
USE
S
He
a
l
t
h
S
e
r
v
i
c
e
s
:
O
v
e
r
1
0
,
0
0
0
S
q
.
F
t
.
~
*
He
a
l
t
h
S
e
r
v
i
c
e
s
:
U
n
d
e
r
1
0
,
0
0
0
S
q
.
F
t
.
*
*
*
*
*
Hospita
l
s
~
*
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
B
*
*
*
*
*
*
*
*
*
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
,
m
o
b
i
l
e
B
B
*
*
*
*
*
*
*
*
*
*
Ve
t
e
r
i
n
a
r
y
H
o
s
p
i
t
a
l
s
*
*
*
*
*
*
*
REC
R
E
A
T
I
O
N
A
L
USE
S
Bo
t
a
n
i
c
a
l
G
a
r
d
e
n
s
&
A
r
b
o
r
e
t
u
m
s
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Ca
m
p
/
R
e
t
r
e
a
t
C
e
n
t
e
r
B
B
B
Go
l
f
D
r
i
v
i
n
g
a
n
d
P
r
a
c
t
i
c
e
R
a
n
g
e
s
B
*
*
*
Pa
r
k
s
,
P
u
b
l
i
c
&
N
o
n
-
P
r
o
f
i
t
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
29
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
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Re
c
r
e
a
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
(N
o
n
-
P
r
o
f
i
t
)
1
B
B
B
B
B
B
B
B
B
B
B
B
*
B
*
B
B * B* B*
Re
c
r
e
a
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
(
P
r
o
f
i
t
)
*
*
*
Go
l
f
C
o
u
r
s
e
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
RES
I
D
E
N
T
I
A
L
USE
S
Dw
e
l
l
i
n
g
;
M
o
b
i
l
e
H
o
m
e
*
*
*
*
*
*
*
*
*
*
*
Dw
e
l
l
i
n
g
;
M
u
l
t
i
p
l
e
F
a
m
i
l
y
*
*
*
*
*
*
*
*
*
Dw
e
l
l
i
n
g
;
S
i
n
g
l
e
-
F
a
m
i
l
y
*
*
*
*
*
*
*
*
*
*
*
*
*
Dw
e
l
l
i
n
g
;
T
w
o
-
F
a
m
i
l
y
*
*
*
*
*
*
*
*
*
*
*
*
Fa
m
i
l
y
C
a
r
e
H
o
m
e
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Gr
o
u
p
C
a
r
e
F
a
c
i
l
i
t
y
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
Re
h
a
b
i
l
i
t
a
t
i
v
e
C
a
r
e
F
a
c
i
l
i
t
y
*
*
*
Re
s
i
d
e
n
t
i
a
l
H
o
t
e
l
(
F
r
a
t
e
r
n
it
i
e
s
,
S
o
r
o
r
i
t
i
e
s
,
a
n
d
Do
r
m
i
t
o
r
i
e
s
)
~
A
A
A
A
A
Ro
o
m
i
n
g
H
o
u
s
e
*
*
*
*
*
TEL
E
C
O
M
M
U
N
I
C
A
T
I
O
N
S
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
–
S
t
e
a
l
t
h
(
7
5
f
e
e
t
o
r
sh
o
r
t
e
r
)
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
s
(
O
v
e
r
7
5
f
e
e
t
a
n
d
u
n
d
e
r
20
0
f
e
e
t
)
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
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
e
e
n
pr
o
f
i
t
an
d
no
n
‐pr
o
f
i
t
re
c
r
e
a
t
i
o
n
fa
c
i
l
i
t
i
e
s
an
d
el
i
m
i
n
a
t
i
n
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
ne
r
s
h
i
p
st
a
t
u
s
of
a re
c
r
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
ead
of
re
l
y
i
n
g
on
th
e
ta
x
st
a
t
u
s
of
a pr
o
p
e
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
)
.
30
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 5-19
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– ECO
N
O
M
I
C
DEV
E
L
O
P
M
E
N
T
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
C = CON
D
I
T
I
O
N
A
L
USE
(RE
Z
O
N
I
N
G
& CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
BUC
K
H
O
R
N
ED
D
ENO
ED
D
HIL
L
S
B
O
R
O
U
G
H
EDD
ED
B
-
1
ED
B
-
2
ED
E
-
1
ED
E
-
2
ED
H
-
1
ED
H
-
2
ED
H
-
3
EDH-4 EDH-5
#
S
h
a
l
l
b
e
n
o
t
e
d
o
n
Z
o
n
i
n
g
A
t
l
a
s
a
s
“
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
”
–
C
U
(
e
.
g
.
,
E
D
B
-
2
-
C
U
)
Re
c
r
e
a
t
i
o
n
a
l
f
a
c
i
l
i
t
i
e
s
(
N
o
n
-
P
r
o
f
i
t
)
C#
C#
C#
C#
Re
c
r
e
a
t
i
o
n
a
l
f
a
c
i
l
i
t
i
e
s
(P
r
o
f
i
t
)
2
C#
B
C#
*
C#
B
C#
*
Re
p
a
i
r
s
e
r
v
i
c
e
,
e
l
e
c
t
r
o
n
i
c
a
n
d
a
p
p
l
i
a
n
c
e
C#
C
#
*
*
Re
s
e
a
r
c
h
f
a
c
i
l
i
t
y
*
*
Sc
h
o
o
l
s
,
d
a
n
c
e
,
a
r
t
,
a
n
d
m
u
s
i
c
*
C
#
*
*
Sc
h
o
o
l
s
,
e
l
e
m
e
n
t
a
r
y
,
m
i
d
d
l
e
,
a
n
d
h
i
g
h
A
A
*
Sc
h
o
o
l
s
,
v
o
c
a
t
i
o
n
a
l
C#
C
#
*
Ot
h
e
r
S
e
r
v
i
c
e
s
(
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
o
n
l
y
)
*
*
*
TRA
N
S
P
O
R
T
A
T
I
O
N
Bu
s
t
e
r
m
i
n
a
l
s
a
n
d
g
a
r
a
g
e
s
C#
*
Po
s
t
a
l
a
n
d
p
a
r
c
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facilities designation.
31
Article 5: Uses
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Page 5-26
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32
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
33
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).
34
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
35
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-65
(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, including skeet shooting12,
not otherwise exempted herein,13 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 directed14 Direct all stationary target shooting
activities into a projectile-proof backstop consisting
of concrete, steel, earth, wood, or combination
thereof15 a minimum of 15 feet in height and 30 feet
in depth.16
(iii) Shooting activities occurring indoors shall:17
a. Be located a minimum of 100 feet from all property
lines, rights-of-way, or access easements, and
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 Orange Underlined text added to address October 7, 2015 Planning Board comments the term ‘target
shooting’ did not specifically include or allow skeet shooting.
13 Bold Blue Underlined was language added 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. This language has now been deleted.
14 Language deleted to address concerns from the October 7, 2015 Planning Board meeting that, as written, the
ordinance would not allow skeet shooting.
15 Bold Green Underlined text was eliminated to address concerns from the October 7, 2015 Planning Board
meeting, specifically staff is eliminating language defining the materials that could constitute an acceptable
backstop. In consultation with the County Attorney it was determined projectile proof backstop would be
sufficient.
16 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.
17 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.
36
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-66
b. Be designed to keep the shot within the structure.18
(iv) All Shooting or targeting activities occurring outdoors shall
occur only between the hours of 10:00 a.m. to 6:00 p.m.
daily.19
(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 6.12.5.20
(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, including skeet
shooting,21 occurs.22
(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 2 days a month23.
(b) Motor Cross and Go-Kart Tracks24
(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 25
18 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.
19 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.
20 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.
21 Bold Orange Underlined text added to address October 7, 2015 Planning Board comments on incorporating
specificity for skeet shooting activities.
22 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.
23 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.
24 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.
25 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.
37
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-67
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
(1) The standards included herein shall be applied to the following for-profit
recreational facilities as a principal use of property.26
(a) Tennis clubs Sports played on a 27,
(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.28
(6) All outdoor recreational facilities shall utilize a combination of screens, fences,
nets, berms, or vegetation to keep equipment on the property.29
(B)
26 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.
27 Text moved to the definition of a Recreational Facility in Article 10.
28 This is a new regulation designed to protected adjacent property owners from the glare of outdoor lighting
generated by an outdoor recreational facility.
29 This regulation is designed to ensure any equipment used as part of an outdoor facility (balls, etc.) stays on the
property.
38
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-68
(B) Standards for Specific Uses30
(1) Shooting Ranges
(a) Shooting ranges, including skeet shooting activities,31not otherwise
exempted herein, 32shall be designed or oriented to keep projectiles on
the property.
(b) Outdoor shooting ranges shall:33
(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 Direct all stationary target shooting
activities into a projectile-proof backstop consisting of
concrete, steel, earth, wood or combination thereof, 34a
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.35
(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) Direct shooting activities into a projectile proof 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 shooting
range developed for, and exclusively utilized by,
30 These regulations would govern the development of commercial shooting ranges.
31 Orange Bold Underlined text added to address concern expressed at the October 7, 2015 Planning Board
meeting the ordinance would not allow skeet shooting.
32 Bold Blue Underlined text was a change made in consultation with the County Attorney’s office after the
Quarterly Public Hearing. To address concerns from the Planning Board it has been deleted.
33 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.
34 Bold Green Underlined text was eliminated to address concerns from the October 7, 2015 Planning Board
meeting, specifically staff is eliminating language defining the materials that could constitute an acceptable
backstop. In consultation with the County Attorney it was determined projectile proof backstop would be
sufficient.
35 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.
39
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-69
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 property36,
iii. 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 2 days in a given
month.37
(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
36 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.
37 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.
40
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-70
(a) The property shall have direct frontage on, and obtain vehicular access
from, a public road.38
(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.
(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.
38 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.
41
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-32
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 services39 to either the general public or to members of an organization,
club, or league for the purpose of leisure, physical fitness, training, competitive activities or for
compensation40. Activities shall include, but not be 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.41
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.
39 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.
40 Bold Orange Underlined text added to address comments from the October 7, 2015 Planning Board meeting.
41 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
42
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 2, 2015
Action Agenda
Item No. 8
SUBJECT: Unified Development Ordinance Text Amendment – Sexually Oriented
Businesses
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1. Comprehensive Plan and Unified
Development Ordinance Outline Form –
Sexually Oriented Businesses
(UDO/Zoning 2015-05)
2. Statement of Consistency
3. 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 the regulation of sexually
oriented businesses.
BACKGROUND: This item was presented at the November 23, 2015 Quarterly Public Hearing
(materials available at:
http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/151123.pdf ).
As indicated during the hearing, the County cannot prohibit sexually oriented businesses
outright but is afforded the opportunity to regulate their location and certain operational
characteristics in an effort to ensure identified secondary impacts are mitigated. For additional
background information please refer to Section B.1 of Attachment 1.
At the public hearing staff provided links to several studies and reports identifying various
secondary impacts associated with sexually oriented businesses and how the proposed text
amendments addressed them.
Please refer to Section C.1 of Attachment 1 for a synopsis of additional comments made at the
public hearing. Please note staff will be working with the County Attorney’s office to address
concerns related to the proposed definition of Nudity or a State of Nudity for presentation and
review at the December 2, 2015 Planning Board meeting.
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
43
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 2, 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 3.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
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.
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Deliberate on the proposal as necessary,
2. Consider the Planning Director’s recommendation, and
3. Make a recommendation on the Statement of Consistency (Attachment 2) and the UDO
text amendment (Attachment 3) in time for the February 2, 2016 BOCC meeting.
44
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-05
Amendment(s) addressing establishment of land use regulations for sexually oriented
businesses.
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,
2. 5.6 Standards for Commercial Uses,
3. Article 8 Nonconformities, and
4. Article 10 Definitions
Other:
B. RATIONALE
1. Purpose/Mission
Attachment 1 45
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 establish regulations governing the development of
sexually oriented businesses.
As defined within NCGS 14-202.10 a sexually oriented business means, “Any
businesses, or enterprises that have as one of their principal business purposes, or
as a significant portion of their business, an emphasis on matter and conduct
depicting, describing, or related to anatomical areas and sexual activities.”
Sexually oriented businesses, because of their very nature, are recognized as having
potentially objectionable operational characteristics. Regulation of these uses are
necessary to ensure adverse secondary effects do not contribute to the blighting of
surrounding neighborhoods and to regulate acts, omissions or conditions that could
be construed as detrimental to the public health, safety or welfare. This includes
ensuring development of such businesses does not create a disincentive for
additional economic development in a given area.
Such regulations, however, are required to be content neutral and shall not have the
effect of imposing a limitation or restriction on the content of any communicative
materials or deny access by adults to sexually oriented materials protected by the US
Constitution’s First Amendment. Regulations also cannot be so restrictive as to deny
access by the distributors and exhibitors of sexually oriented entertainment to their
intended market.
Currently, Orange County does not permit the development of sexually oriented
businesses within any general use zoning district. Existing definitions, including adult
uses as contained in Article 10 of the UDO, are out of date and inconsistent with
State regulations and recent court decisions.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The amendment(s) are necessary to ensure the County is consistent with provisions
of State and Federal law.
The County cannot prohibit sexually oriented businesses outright but is afforded the
opportunity to regulate their location and certain operational characteristics in an
effort to ensure identified secondary impacts are mitigated as much as possible.
The proposed amendments establish locational criteria for such businesses including
mandatory setbacks from identified sensitive uses (i.e. church, school, single-family
residence, etc.) while allowing for their development consistent with applicable State
and Federal requirements.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
46
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
November 23, 2015
c. BOCC Updates/Checkpoints
May 5, 2015 – Approval of UDO Amendment Outline Form
September 2, 2015 – Planning Board Ordinance Review Committee (ORC)
November 23, 2015 – Quarterly Public Hearing
This item was reviewed at the November 23, 2015 Quarterly Public Hearing
where the following comments were made:
• A BOCC member asked why the exposure of the male breast was not
included within the definition of nudity proposed for Article 10 of the UDO.
There was concern we are assisting in perpetuating a stereotype holding
exposure of the male and female breast should be treated differently.
STAFF COMMENT: The proposed definition was taken from other
similar ordinances that had survived legal challenges and staff did not
want to make significant changes as a result.
Exposure of the male breast is not typically viewed from either a
societal or legal perspective as being inappropriate. However, staff will
work with the Attorney’s office on revising the proposed definition of
nudity to address the concern.
• A BOCC member asked if the text amendment would create a land use
regulation for nudity. There was a concern the definition could have
unintended consequences, specifically on people engaging in swimming
activities at private clubs or public pools.
STAFF COMMENT: The proposed definition of Nudity or a State of
Nudity provides clarification and context to other recommended
47
definitions associated with sexually oriented businesses, most notably
an Adult Cabaret.
Defining the term, in and of itself, does not create a land use regulation
allowing Planning staff to regulate nudity. For example the adoption of
the proposal does not preclude individuals from swimming, skinny
dipping, or sunbathing on private property, walking through their
residence(s) in a state of nudity, or swimming in a public pool.
What the definition is designed to do is provide context to other terms
defined as being considered a sexually oriented business allowing staff
to make the determination if said activity qualifies as a sexually oriented
business or not.
• A BOCC member asked if the proposal should include a setback from bars
and/or restaurants that serve alcohol.
STAFF COMMENT: Staff believes it would be difficult to argue a
bar/restaurant where alcohol is served is a sensitive use whose
business would be negatively impacted by the location of a sexually
oriented business near them. We do not believe such a regulation
would withstand a legal challenge.
As an aside restaurants and bars are not listed as allowable uses within
the general use zoning districts (i.e. I-1 and I-2) where sexually oriented
businesses are proposed to be allowed.
• A BOCC member commented he was not comfortable with the proposal to
restrict/prohibit the sale or consumption of alcohol at a sexually oriented
business.
• There was general discussion on where the businesses would be allowed
within the County.
February 2, 2016 – 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:
September 2, 2015 – Ordinance Review Committee
The ORC met and reviewed this item at its September 2, 2015 meeting where the
following comments were made:
• A Board member asked if there was sufficient legal precedent for the
establishment of separation requirements.
48
STAFF COMMENT: State law grants local government the authority
to regulate sexually oriented businesses including establishing
separation requirements from sensitive uses (i.e. church, school,
playground, etc.).
• A Board member asked how many sexually oriented businesses there are
in the County and inquired specifically on the status of the adult
entertainment club off of NC Highway 86 North.
STAFF COMMENT: There were 2 sexually oriented businesses
operating in the County but both are now closed including the facility
off of NC Highway 86. If this Ordinance is passed they will be unable
to reopen.
• A Board member asked if there were any properties zoned I-2 or I-3 that
could accommodate a sexually oriented businesses.
STAFF COMMENT: There are currently no properties zoned I-2 or I-3.
There is, however, available land area that could be rezoned to
support such development.
• A Board member asked if these types of land uses create adverse
economic impacts by scaring away other types of business operations.
STAFF COMMENT: Staff cannot guarantee adjacent property or
business owners will be unfazed if a sexually oriented business locates
adjacent to them. To some the business is no different than a night
club or a video store. To others such businesses offend their sense of
decency.
Staff is recommending the medium (I-2) and heavy (I-3) industrial
districts as there are typically a lack of sensitive uses in these areas
and, for the most part, commercial land uses in these districts will be
closed during the time a sexually oriented business is open.
• A Board member asked if sexually oriented businesses create blight.
STAFF COMMENT: Any land use can create blight if not properly
maintained. From staff’s standpoint a sexually oriented business
creates more significant impacts if not properly regulated.
The ORC materials are available
at: http://www.orangecountync.gov/ORC_Sep_2015_Agenda_Package.pdf.
Meeting notes can be viewed by utilizing the following
link: http://www.orangecountync.gov/9_2_15_ORC_Notes.pdf.
January 6, 2016 – Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
49
Staff transmitted the proposed
amendment to the Towns of Chapel
Hill, Carrboro, and Hillsborough for
courtesy review on October 21, 2015.
As of this date staff has not received
any comment.
Staff and the Attorney have also met
with the Sheriff’s Office to discuss the
proposal. The Sheriff did not express
concerns over the establishment of
land use regulations.
d. Notice Requirements
Legal advertisement was published on November 11 and 18, 2015 in accordance
with the provisions of the UDO.
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
The amendment will establish comprehensive regulations governing the development
and operation of sexually oriented businesses consistent with applicable State and
Federal law.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
Small Area Plan Workgroup:
Other:
50
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
51
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 sexually oriented
businesses.
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 legally defensible, content neutral, regulations designed to
mitigate the identified secondary impacts associated with sexually oriented
businesses, including:
a. Studies referenced at the November 23, 2015 Quarterly Public
Hearing found the clustering of sexually oriented businesses in a
given area could attract an undesirable quantity and quality of
transients adversely impacting property values, creating blight for
adjacent properties, cause an increase in crime and encourage
residents and businesses to move elsewhere.
These studies recommended the establishment of setback
standards requiring sexually oriented businesses to be separated
from identified sensitive uses.
b. Studies referenced at the November 23, 2015 Quarterly Public
Hearing indicate that alcohol is identified as contributing factor in
attracting an undesirable quantity and quality of transients
adversely impacting property values, creating blight, and causing
an increase in crime. Courts have found, most notably Fay versus
52Attachment 2
State Board of Alcoholic Control – NC Court of Appeals, local
communities have the legal ability to restrict or prohibit the
consumption/sale of alcohol.
2. Establishes uniform standards of development for sexually oriented
businesses within the County.
3. 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.
______________________ ________________________
Lydia Wegman, Vice-Chair Date
53
Article 5: Uses
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54
Article 5: Uses
Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-62
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.
5.6.15 Sexually Oriented Businesses
(A) Submittal Requirements
(1) In addition to the site plan submittal criteria detailed within Section 2.5 of this
Ordinance the applicant shall submit proof a license has been issued allowing for
the operation of a sexually oriented business in accordance with Section 8-33 of
the Orange County Code of Ordinances.
(B) Standards of Evaluation
(1) No sexually oriented business(es) shall be located in a building or on a premises
where alcohol or alcoholic beverages are sold or in a building or on a premises
that allows alcohol or alcoholic beverages to be consumed.
(2) Sexually oriented business(es) shall not be located in any building, or portion
thereof, that is:
(a) Within 1,000 feet of an existing sexually oriented business.
(b) Within 1,000 feet of a:
(i) Residential land use including any open space established as
part of the residential subdivision approval process,
(ii) Church and/or place of worship,
(iii) School (public, private, or specialty),
(iv) Public or private library,
(v) State licensed child care facility, or
(vi) Public park or recreational facility.
(c) Measurement shall be made in a straight line, without regard to the
intervening structures or objects, from the nearest portion of the building
55
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-63
or structure used as the part of the premises where a sexually oriented
business is conducted to the nearest portion of a building, structure, or
open space area of a use listed above.
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to the following for-profit
recreational facilities:
(a) Tennis clubs,
(b) Swim clubs,
(c) Racquet ball,
(d) Squash clubs,
(e) Pitch and putt courses,
(f) Amusement areas,
(g) Bowling alleys,
(h) Skating rinks,
(i) Shooting ranges,
(j) Billiard and pool halls,
(k) Indoor athletic facilities and
(l) Other similar uses.
(2) The minimum lot area shall be two acres.
(3) No building shall be closer than the minimum requirements of the district or 20
feet to the public right of way or private property line, whichever is greater.
(B) Standards for Class B Special Use Permit
(1) Submittal Requirements
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
56
Orange County, North Carolina – Unified Development Ordinance Page 8-1
ARTICLE 8: NONCONFORMITIES
SECTION 8.1: INTENT
8.1.1 Generally
Non-conforming uses shall not be enlarged, expanded, intensified, or altered, except in
conformance with this Ordinance.
It is further the intent of this Ordinance that non-conformity shall not be used as grounds for
adding other prohibited uses or structures, nor the enlarging by means of extension or expansion,
except as specifically provided by this Ordinance.
In the case of requirements related to external factors, such as distance requirements from other
specified uses or landscaping requirements dependent upon adjacent property use, the subject
parcel shall be considered conforming so long as its continuous use was established first.2
SECTION 8.2: CLASSIFICATION
Non-conformities are classified as:
(A) Lots (see Section 8.7);
(B) Uses of land without structures or minor structures (see Section 8.8);
(C) Uses of major structures and premises (see Section 8.9);
(D) Structures (see Section 8.10); and/or
(E) Characteristics of uses (see Section 8.11)
which were lawful but would be prohibited, regulated, or restricted by the enactment of this
Ordinance or a subsequent amendment thereto.
SECTION 8.3: COMPLETION OF NON-CONFORMING PROJECTS
8.3.1 Valid Permit Issued
All non-conforming projects on which construction was begun at least 180 days before the
effective date of this Ordinance, or any modification thereto, as well as all non-conforming
projects that are at least 25% completed in terms of the total expected cost of the project on the
effective date of this Ordinance, or any modification thereto, may be completed in accordance
with the terms of their permits, so long as these permits were validly issued and remain
unrevoked and unexpired. If a development is designed to be completed in stages, this
subsection shall only apply to the particular phase under construction.
(A) Except as provided this Section, all work on any non-conforming project shall cease on
the effective date of this Ordinance, or any modification thereto, and all permits
previously issued for work on non-conforming projects shall be revoked as of that date.
Thereafter, work on non-conforming projects may begin or may be continued only
pursuant to a zoning or special use permit issued in accordance with this Ordinance by
the Planning Director or board authorized to issue permits for the type of development
proposed. The county shall issue such a permit if it finds that the applicant has in good
faith made substantial expenditures or incurred substantial binding obligations in some
substantial way in reasonable reliance on conditions as they existed before the effective
date of this Ordinance, or any modification thereto, and thereby would be unreasonably
prejudiced if not allowed to complete the project as proposed. In considering whether
these findings may be made, the Planning Director or appropriate board shall be guided
by the following:
2 Language added to address situations where legal land uses are made nonconforming by external forces. By
adding the language the land use will still be considered a legal, conforming, use of property.
57
ARTICLE 10: DEFINITIONS
SECTION 10.1: DEFINITIONS
For the purpose of this Ordinance, certain terms and words are herein defined and interpreted as follows:
AASHTO
American Association of State Highway and Transportation Officials.
Accessory Structure
A structure that is located on the same lot as a principal structure and houses an accessory use.
Accessory Use
An activity that may or may not be listed in the Permitted Use Table, which is conducted in conjunction
with a permitted principal use, but constitutes only an incidental or insubstantial part of the total activity
that takes place on the lot and is customary and ancillary to the established principal use of property.
Accessory uses shall comply with all setback requirements for the district in which the use is located. For
example, an in-ground swimming pool is required to meet all applicable setbacks including any required
fencing around the physical pool, the concrete walkway around the pool, and any pump or utilities
associated with the operation of the facility.
Adult Uses
An establishment which has a majority of its business which excludes minors by reason of age because
of the sexually explicit nature of the material. Such establishments include, but are not limited to, adult
bookstores, adult theaters (drive-in, picture and mini-picture), adult cabaret, etc.
Adult Arcade
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished or characterized by the depicting or describing
of Specified Sexual Activities or Specified Anatomical Areas.
Adult Bookstore
A bookstore:
(a) Which receives a majority of its gross income during any calendar month from the sale or
rental of publications (including books, magazines, other periodicals, videotapes, compact
discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are
distinguished or characterized by their emphasis on matter depicting, describing, or relating
to Specified Sexual Activities or Specified Anatomical Areas, as defined in this article; or
(b) Having as a preponderance (either in terms of the weight and importance of the material or in
terms of greater volume of materials) of its publications (including books, magazines, other
periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or
other imaging medium) which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas.
Adult Cabaret
A nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment that for
at least ten percent of its business hours in any day features:
(a) Persons who appear in a State of Nudity; or
(b) Live performances that are characterized by the exposure of Specified Anatomical Areas or
by Specified Sexual Activities; or
58
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-2
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are
characterized by the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas; or
(d) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended
for the sexual interests or titillation of an audience or customers.
Adult Escort
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another
person for the purpose of participating in, engaging in, providing, or facilitating Specified Sexual Activities.
Adult Escort Agency
A person or business that furnishes, offers to furnish, or advertises to furnish adult escorts as one of its
business purposes for a fee, tip, or other consideration.
Adult Merchandise
Any product dealing in or with explicitly sexual material as characterized by matter depicting, describing,
or relating to Specified Sexual activities or Specified Anatomical Areas.
Adult Motel
A hotel, motel or similar commercial establishment that offers accommodation to the public for any form of
consideration and:
(a) Provides patrons with closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions that are characterized by the depiction
or description of Specified Sexual Activities or Specified Anatomical Areas; and has a sign
visible from the public rights-of-way that advertises the availability of this adult type of
photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than six hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is
less than twelve hours.
Adult Patron
Any person who is physically present on the premises of a sexually oriented business and who is not an
owner, employee, agent, subcontractor, or independent contractor of said business, or any entertainer or
performer at said business.
Adult Video Store
A commercial establishment that, as one of its principal business purposes, offers for sale or rental for
any form of consideration any one or more of the following: books, magazines, periodicals or other printed
matter, or photographs, films, motion picture, video tapes or cassettes, video reproductions, CD-ROMs,
slides, or other visual representations which depict or describe Specified Sexual Activities or Specified
Anatomical Areas; or any combination thereof.
Agricultural Processing Facility, Community
A facility utilized for the processing of produce and/or other commodities produced by no more than 5
cooperative farm partners for the consumption of others (e.g. small canning operation); Activities shall
include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw
produce but does not include processing of live animals (see Meat Processing Facility). May include
accessory retail sales of products processed on-site.
Agricultural Processing Facility
A facility utilized for the processing and packaging of produce and/or other commodities for transport to
off-site wholesale or retail establishments. Facilities may be utilized by farm-based producers,
restaurateurs, caterers, food entrepreneurs, and the like. Activities shall include, but may not be limited to,
canning, dehydrations, washing, cutting or basic preparation of raw produce prior to shipment but does
59
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-30
institutions of higher learning (universities, colleges and technical institutes). On-site faculty development
workshops and fellowship training programs may also be provided as part of the organization's purpose.
Non-Residential Development
Development of any land use which is not residential in nature, including uses (such as churches) which
are allowed in residential zoning districts.
Non-Residential Floor Area - Inclusions and Exclusions
The sum of areas for non-residential use on all floors of the building measured from the outside faces of
the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and
balconies, and below-grade floor areas used for non-residential access and storages. Not countable as
floor area are:
a) Open terraces, patios, atriums, or balconies.
b) Any residential space.
Non-Residential Land Area
All land for non-residential development and related uses, including open space, within the district in the
case of locations which are controlled by these regulations. Non-residential land area shall not be
construed to include lands not beneficial to non- residential use due to location or character, or areas
used predominantly for residential purposes.
Nudity or a State of Nudity
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without
a fully opaque complete covering of the breast below a point immediately above the top of the areola, or
human male genitals in a discernibly turgid state even if completely and opaquely covered.
Nursing Home
A facility, licensed by the appropriate state agency for the care of aged or infirmed individuals, that meet
the requirements set forth in this Ordinance.
Nutrient Sensitive Waters
Those waters which are so designated in the classification schedule in order to limit the discharge of
nutrients (usually nitrogen and phosphorous). They are designated by “NSW” following the water
classification.
Obstruction
Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across, or projecting into any watercourse, which may
alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
Office Use
A use of property for professional and clerical activities associated with the operation of a business.
Offices & Personal Services, Class 1
Offices and personal services that attract few customers or clients on premises other than employees,
generate low traffic volumes (< 100 trips/day), and have no adverse impacts beyond the space occupied
by the building.
Offices & Personal Services, Class 2
Offices and personal services that generate medium traffic volumes (100-400 trips/day), and have no
adverse impacts beyond the lot boundaries.
Offices & Personal Services, Class 3
60
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-39
Any approved ground absorption sewage treatment and disposal system other than an approved privy or
an approved septic tank system.
Septic Tank System
A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field.
Setback
Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure
from thirty inches above the general ground level of the graded lot upward, except as specifically provided
in these regulations; provided, however, that fences and walls may be permitted in any setback subject to
height limitations established generally or for the district and, further provided that poles, posts and other
customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of light and air across the setback or violate provisions
of these or other regulations regarding visibility.
Sexually Oriented Devices
Any artificial or simulated Specified Anatomical Area or other device or paraphernalia that is designed
principally for Specified Sexual Activities but shall not mean any contraceptive device.
Sexually Oriented Business
A business which offers its customers or adult patrons any device, activity or demonstration depicting
Specified Sexual Activities , or which is intended to appeal to sexual interests, titillation or arousal of the
customer or adult patron. A sexually oriented business shall include an adult establishment as in NCGS §
14-202.10(2) and, in addition, without limitation shall include: Adult Arcade, Adult Bookstore, Adult Video
Store, Adult Cabaret, Adult Motel, and Adult Escort Agency.
Sign
Any letter, figure, character, mark, plane, point, marquee, design, poster, pictorial, picture, stroke, stripe,
line, trademark, reading matter, or illuminated surface which is constructed, placed, attached, painted,
erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the
public to any place, subject, person, firm, corporation, public performance, article, machine, or
merchandise, which are displayed in any manner, including out-of-doors.
Sign, Abandoned
A sign for which no legal owner can be found or any sign face or sign structure that advertises a business
not conducted on the premises for over 90 days. In making the determination that a sign advertises a
business no longer being conducted, the Planning Director shall consider the following: the existence or
absence of a current occupational license, utility service deposit, or account; use of the premises; and
relocation of the business.
Abandoned Sign shall also include the following:
a) Through age and/or obsolescence a sign that no longer conforms to structural or maintenance
specifications of Section 6.12, or
b) Any pole, pylon, or structure expressly installed for the purpose of affixing a sign that bears no
sign or copy.
Sign, Advertiser
Any person who is a lessee or owner of a sign, an agent of same, or anyone that has beneficial use of a
sign.
Sign, Advertising Display Area
The advertising display surface area encompassed within any polygon that would enclose all parts of the
sign. The structural supports for a sign, whether, they be columns, pylons, or a building, or a part thereof,
shall not be included in the advertising area. Also known as Sign Area.
An example of how advertising display area or sign area is calculated is as follows:
61
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-51
Special Event
A commercial activity attracting at least 20 people at any given time, that typically does not involve
permanent structures, and does not occur more frequently than seven days in a 30-day period or more
than 50 days per year. Examples of special events are craft shows, small festivals, concerts, medical or
veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as
picnics or receptions sponsored by a restaurant or caterer.
Activities which are not included in this definition include:
a) Events of a personal or non-profit, nature such as family reunions and church activities;
b) Farm-related or rural events such as horse shows, 4-H events and auctions; and
c) Fund-raising events for non-profit organizations.
Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as
determined in Section 4.3 of this Ordinance, as defined by the base flood elevation. The mapped special
flood hazard area approximates the base flood elevation.
Special Flood Hazard Area Overlay District
An overlay district establishing standards for development for properties within identified floodplains.
Special-Purpose Unit of Government
Any special district or public authority.
Special Use
A use which would not be appropriate generally throughout the zoning district or without special study, but
which, if controlled as to number, area, location or relation to neighborhood, would be appropriate. Such
uses which are listed as Special Uses in the Permitted Use Table, Section 5.2, may be installed and
operated only after approval by the Board of Commissioners or by the Board of Adjustment, as
appropriate, subject to the general and specific standards.
Specified Anatomical Areas
(a) Less than completely and opaquely covered human: (i) genitals, pubic region, (ii) buttocks, or (iii)
female breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts.
Start of Construction
Includes substantial improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure (including a manufactured home) on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions
of the building.
State Agency
Every department, agency, institution, public authority, board, commission, bureau, division, council,
member of Council of State, or officer of the State government of the State of North Carolina.
62
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-59
Telecommunication Facilities, Whip Antenna
A cylindrical antenna that transmits and/or receives signals in 360 degrees.
Telecommunication Facilities, Wireless facility
The set of equipment and network components, exclusive of the underlying wireless support structure or
tower, including antennas, transmitters, receivers base stations, power supplies, cabling, and associated
equipment necessary to provide wireless data and wireless telecommunications services to a discrete
geographic area. This may also be referred to as a Personal Wireless Facility.
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing for
custodial care under a Class B Special Use Permit or providing temporary residential space during the
installation of a replacement mobile home or construction of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a permanent or semi-permanent foundation.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Touch or Touching
In the context of a sexually oriented business any form of intentional physical, bodily contact regardless of
whether exposed or clothed parts of any body are involved.
Tourist Home
A building or group of attached or detached buildings containing, in combination, three to nine lodging
units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by
63
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 2, 2015
Action Agenda
Item No. 9
SUBJECT: Unified Development Ordinance Text Amendment – Display of Vehicles at
Motor Vehicle Sales/Rental Land Uses
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
1. Comprehensive Plan and Unified
Development Ordinance Outline Form –
Display of Vehicles at Motor Vehicle
Sales/Rental Land Uses (UDO/Zoning
2015-06)
2. Statement of Consistency
3. 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 the display of vehicles at
motor vehicle sales/rental businesses.
BACKGROUND: This item was presented at the November 23, 2015 Quarterly Public Hearing
(materials available at:
http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/151123.pdf ).
As indicated during the hearing, there has been an increase in the number of automotive
sale/rental business operating within the County and staff has begun receiving complaints
related to the storage and display of vehicles (i.e. too many cars being displayed, parking over
septic fields, parking in required buffer areas, parking in public road rights-of-way, etc.).
Currently, the County limits only the total number of cars that can be parked and/or displayed
for an automotive sales business located within the Neighborhood Commercial (NC-2) general
use zoning district. Staff is proposing to develop comprehensive regulations designed to limit
the overcrowding of automotive sales operations within all general use zoning districts where
such land uses are permitted.
Please refer to Section C.1 of Attachment 1 for a synopsis of additional comments made at the
public hearing.
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
64
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 2, 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 3.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals is applicable to
this agenda item:
GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Planning Director recommends that the Board:
1. Deliberate on the proposal as necessary,
2. Consider the Planning Director’s recommendation, and
3. Make a recommendation on the Statement of Consistency (Attachment 2) and the UDO
text amendment (Attachment 3) in time for the February 2, 2016 BOCC meeting.
65
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-06
Amendment(s) establishing regulations for automotive sales and rental business
addressing the display and advertising of cars for sale
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, and
2. 5.15 Standards for Automotive/Transportation Related Uses
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
Attachment 1 66
initiated a text amendment to establish regulations governing the development and
operation of automotive sales.
Staff has seen an increase in the number of automotive sale business operating
within the County and has begun receiving complaints related to the storage and
display of vehicles being offered for sale, specifically too many cars being placed on
a parcel of property blocking or impeding access for both customers and emergency
vehicles. In certain instances, cars have been parked in required land use buffer
areas killing required landscaping or have been encroaching into adjacent rights-of-
way creating additional enforcement problems.
Staff is proposing to develop comprehensive regulations designed to limit the
overcrowding of automotive sales operations within all general use zoning districts
where such land uses are permitted.
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’.
Automotive sales are allowed in the following general use zoning districts as a
permitted use (i.e. administrative approval) of property:
1. Neighborhood Commercial (NC-2) with special standards;
2. General Commercial (GC-4);
3. Existing Commercial (EC-5);
4. Existing Industrial (EI);
5. Light Industrial (I-1);
6. Medium Industrial (I-2);
7. Heavy Industrial (I-3);
8. Economic Development Eno High Intensity (EDE-2); and
9. Master Planned Development Conditional Zoning (MPD-CZ) district.
This use is also permitted within the Economic Development Buckhorn Low and High
Intensity (EDB-1 and EDB-2) districts with the review and approval of a Conditional
Use (i.e. a rezoning and Class A Special Use Permit) application by the BOCC.
Currently, the County limits only the total number of cars that can be parked and/or
displayed for an automotive sales business located within the Neighborhood
Commercial (NC-2) general use zoning district. It should be noted that staff has an
active code enforcement case against an existing business along Highway 70 within
the Cheeks Township.
The amendments are necessary to address congestion at automotive sales operations
due to too many vehicles being displayed for sale.
67
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
November 23, 2015
c. BOCC Updates/Checkpoints
May 5, 2015 – Approval of UDO Amendment Outline Form
September 2, 2015 – Planning Board Ordinance Review Committee (ORC)
November 23, 2015 – Quarterly Public Hearing
This item was reviewed at the November 23, 2015 Quarterly Public Hearing
where the following comments were made:
• A BOCC member indicated he believed the proposed limit for vehicles displayed
within the NC-2, EC-5, and E-1 zoning districts was too low and should be
increased.
STAFF COMMENT: Staff has revised the proposed amendment to allow for
the display of 32 vehicles on motor vehicle sales/rental businesses within the
NC-2, EC-5, and EI general use zoning districts. The original amendment
proposed a limit of 25 vehicles in these districts.
• A Planning Board member asked how this amendment would address the storage
of vehicles off-site.
STAFF COMMENT: This amendment would not address or impact vehicles
being stored on another property or prohibit same. Such storage would be
treated as a separate, independent, land use and have to be permitted in
accordance with the provisions of the UDO.
• A BOCC member asked what the impetus was for the proposed text amendment.
STAFF COMMENT: The current limit only applies to motor vehicle
sales/rental operations located within the NC-2 zoning district. This limit was
established consistent with a petition filled by a property owner and acted
68
upon by the County in 2012.
Since that time staff has seen an increase in the number of vehicles stored at
other operations not bound by the 12 vehicle display limit. This has created
access management/parking problems at these sites.
Staff determined the limit was too restrictive and saw an opportunity to
recommend a modest increase and at the same time extend the regulation to
apply to all similar operations in other general use zoning districts. This would
address an equity concern staff has had with respect to ensuring all motor
vehicle sales/rental operations are treated the same.
• A BOCC member asked if vehicles stored on the property, and screened from
view, would be counted as part of the display limit.
STAFF COMMENT: They would not be counted unless parked within the
designated vehicle display area for the property. Staff is providing an option
allowing for the storage of vehicles not intended or ready for sale/rental on-
site.
February 2, 2016 – 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:
September 2, 2015 – Ordinance Review Committee
The ORC met and reviewed this item at its September 2, 2015 meeting where the
following comments were made:
• A Board member asked how prevalent the problem is.
STAFF COMMENT: We have approximately 5 motor vehicle sales
businesses within the County where we have problems with vehicles being
stored and displayed throughout the property. The problem this creates is
that required land use buffers, customer parking areas, and septic fields are
being used to support the display of motor vehicles.
The proposed amendment is designed to assist staff in establishing a
methodology to delineate allowable vehicle display areas on properties used
to support motor vehicles sales/rental.
• A Board member asked how staff came up with the recommended vehicle limits.
STAFF COMMENT: The typical display area for a vehicle is 288 sq. ft., which
includes the required parking area for said vehicle and the portion of drive isle
allowing access.
69
Staff then identified the acceptable levels of intensity for the various base
zoning districts with respect to the display of motor vehicle sales/rental.
Ultimately the recommended numbers were designed to allow for
approximately 20% of the property to be used in support of motor vehicle
display allowing for the remaining area to satisfy setback, office, customer
parking, and required land use buffer development.
• Several Board members asked if the proposed text amendment will impact
allowable impervious surface area on a given parcel.
STAFF COMMENT: Development of such land uses will have to comply with
applicable impervious surface limits based on the Watershed Protection
Overlay District where the property is located.
• A Board member asked is staff could quantify the number of motor vehicle
sales/rental businesses operating in the County and if pictures of the vehicle
display issues could be provided.
STAFF COMMENT: Staff will provide this material at the November 23, 2015
Quarterly Public Hearing.
The ORC materials are available
at: http://www.orangecountync.gov/ORC_Sep_2015_Agenda_Package.pdf.
Meeting notes can be viewed by utilizing the following
link: http://www.orangecountync.gov/9_2_15_ORC_Notes.pdf.
December 2, 2015 – Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement was published on November 11 and 18, 2015 in accordance
with the provisions of the UDO.
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
Small Area Plan Workgroup:
Other:
70
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 establish comprehensive regulations governing the number and
placement of vehicles being offered for sale at an automotive sales operation in an effort
to address overcrowding concerns and eliminate impediments to vehicular
ingress/egress from the property.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
71
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 display of vehicles at motor vehicle
sales/rental businesses.
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 uniform standards for the display and storage of vehicles motor
vehicle sales/rental businesses.
2. Provides measurable thresholds with respect to the number of vehicles that
can be displayed for sale/rent on-site.
3. Requires display areas to be denoted on a plan for staff review and
approval.
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.
______________________ ________________________
Lydia Wegman, Vice-Chair Date
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73
Article 5: Uses
Section 5.15: Standards for Automotive/Transportation Related Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-130
from the property line.
(3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m.
(4) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
5.14.4 Winery, production only
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located in an AR or RB zoning district, the winery must be located on a bona
fide farm.
(a) A winery, production only, that is located on a bona fide farm, and which
utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A winery, production only, that does not utilize primarily crops produced
on-site, regardless of whether it is located on a bona fide farm, is not
considered a bona fide farming use and is subject to the regulations
contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more 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 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED
USES
5.15.1 Motor Vehicle Sales / Rental (New & Used) in the NC-2 Zoning District2
(A) Submittal Requirements
(1) In addition to the information required by Section 2.5, the site plan shall show the
area for the display of vehicles for sale or rental
2 Originally the County adopted regulations establishing a specific limit on the display of motor vehicles for sale in
the NC‐2 zoning district. This amendment establishes a limit on the outdoor display of motor vehicles offered for
sale in every zoning district where the land use is permitted.
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Article 5: Uses
Section 5.15: Standards for Automotive/Transportation Related Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-131
(B) General Standards
(1) Property shall have frontage and direct access onto a State maintained roadway.
(2) Areas of the property designated for the display of vehicles for sale or rent shall
be improved with an all-weather surface (i.e. concrete, asphalt, gravel)3 and shall
not be used for any other purpose.4
(3) Additional vehicles, other than those offered for sale, rent or staff/customer
designated parking as required under Section 6.9 of this Ordinance5, can
be stored on-site and 6shall be screened from view from adjacent properties
and public rights-of-way.7 Such vehicles shall not be included in the display
limit calculation.8
(C) Standards for the NC-2, EC-5, and E-I Zoning District(s)
(1) This use shall only be permitted within the Commercial Transition Activity or
Commercial-Industrial Transition Activity Node land use classifications, as
designated on the Land Use Element Map of the adopted Comprehensive Plan.9
(1) The display of vehicles outdoors shall be limited to 3210 vehicles per acre of
property.11
(D) Standards for GC-4, I-1, I-2, I-3, EDB-1, EDB-2, and EDE-2. 12
(1) The display of vehicles outdoors shall be limited to 45 vehicles per acre of
property.13
3 Staff is recommending the area identified on the site plan as serving as the display area for vehicles be improved
(i.e. asphalt, concrete, gravel) is to avoid unnecessary disturbance of property as vehicles are moved in and out of
the area. A concern we have is constant moving and parking of cars will result in unnecessary disturbance of the
ground, kill vegetation serving as a stabilizing mechanism for soil, and increase sediment runoff from the property
in contradiction of our regulations.
4 We have had problems in the past with identified parking areas for vehicles being displayed for sale or rent being
used as primary parking areas for customers and staff. This provision will give staff greater ability to prohibit same
and ensure there is adequate display area as well as required parking for patrons/staff.
5 Green Bold Underlined text added to address a County Attorney request for clarification on what specific
vehicles would fall into this specific provision. The concern is the Ordinance provide specific reference to those
vehicles that can be stored on‐site only with the development of screening.
6 Green Bold Underlined text added to address a request made at the November 23, 2015 Quarterly Public
Hearing for clarification purposes.
7 In consultation with the Director, it was determined additional storage area could be allowed on‐site for vehicles
not intended for sale or rental so long as said storage area was screened from view.
8 Green Bold Underlined text added to address a request made at the November 23, 2015 Quarterly Public
Hearing for clarification purposes.
9 This language is recommended for deletion to address a concern from the Attorney’s office with respect to
establishing land use prohibitions associated with acceptable land uses on the land use categories contained within
the Comprehensive Plan.
10 Green Bold Underlined text added to address a request made at the November 23, 2015 Quarterly Public
Hearing to increase the number of vehicles that can be displayed at property zoned NC‐2, EC‐5, and EI.
11 A typical display area for a vehicle is 288 sq. ft., which includes the required parking area for said vehicle and the
portion of drive isle allowing access. The proposal would allow approximately 17% of every acre of property to be
dedicated to the display of vehicles offered for sale or rent. This regulation does not eliminate the property owner
from having to comply with other ratio/dimensional standards contained within the UDO.
12 This includes the GC‐4, I‐1, I‐2, I‐3, and the Buckhorn and Eno Economic Development districts.
13 The proposal would allow approximately 30% of every acre of property to be dedicated to the display of vehicles
offered for sale or rent. This regulation does not eliminate the property owner from having to comply with other
ratio/dimensional standards contained within the UDO.
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