HomeMy WebLinkAboutOCPB agenda 050416ORANGE 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, May 4, 2016
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
3 - 4
INFORMATIONAL ITEMS
a. Planning Calendar for May and June
• Quarterly Public Hearing on Monday, May 23 (Planning
Board attendance expected)
3.
5 - 8
6 - 15
APPROVAL OF MINUTES
April 6, 2016 ORC Notes
April 6, 2016 Regular Meeting
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB) to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges to the residents of Orange County its respect. The Board asks
its residents to conduct themselves in a respectful, courteous manner, both with the Board
and with fellow residents. At any time, should any member of the Board or any resident fail
to observe this public charge, the Chair will ask the offending member to leave the meeting
until that individual regains personal control. Should decorum fail to be restored, the Chair
will recess the meeting until such time that a genuine commitment to this public charge is
observed.
6. CHAIR COMMENTS
1
No. Page(s) Agenda Item
7.
16 - 49
2030 COMPREHENSIVE PLAN AND UNIFIED DEVELOPMENT ORDINANCE
(UDO) TEXT AMENDMENTS - To make a recommendation to the BOCC on
government-initiated amendments to the text of the Comprehensive
Plan and UDO regarding revisions to the O/I (Office/Institutional) zoning
district and establishment of a new permitted use type. This item is
scheduled for the May 23, 2016 quarterly public hearing.
Presenter: Ashley Moncado, Special Projects Planner
8. 50 - 86 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation to the BOCC on government-initiated amendments to
the text of the UDO regarding secondary uses. This item is scheduled
for the May 23, 2016 quarterly public hearing.
Presenter: Ashley Moncado, Special Projects Planner
9. 87 - 112 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation to the BOCC on government-initiated amendments to
the text of the UDO regarding sign regulations. This item is scheduled
for the May 23, 2016 quarterly public hearing.
Presenter: Michael Harvey, Current Planning Supervisor
10. 113 - 145 AFFORDABLE HOUSING STRATEGIC PLAN - To receive a presentation on
the draft Affordable Housing Strategic Plan and provide input and
comments on the draft plan.
Presenter: Audrey Spencer-Horsley, Housing, Human Rights
and Community Development Director
11.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
12. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR
MICHAEL HARVEY (919-245-2597).
2
< April May 2016 June >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
Planning Board
meeting @
7:00 pm
WCOB 004*
Regular BOCC
Meeting
7:00 pm
Whitted
Building
8 9 10 11 12 13 14
Board of
Adjustment
7:30 pm
WCOB 004
BOCC Work
Session
7:00 pm
Southern
Human
Services
Center
15 16 17 18 19 20 21
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Cent
OUTBoard
7:00 pm
WCOB 004
22 23 24 25 26 27 28
Quarterly
Public Hearing
7:00 pm
Whitted
Building*
29 30 31
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
3
< May June 2016 July >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
Planning Board
meeting @
7:00 pm
WCOB 004*
5 6 7 8 9 10 11
Regular BOCC
Meeting
7:00 pm
Whitted
Building
Budget Work
Session @
7:00pm
Southern
Human
Services Cent
12 13 14 15 16 17 18
Budget Work
Session @
7:00pm Whitted
Building
OUTBoard
7:00 pm
WCOB 004
Budget Work
Session @
7:00pm
Southern
Human
Services Cent
19 20 21 22 23 24 25
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services Cent
26 27 28 29 30
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
4
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 APRIL 6, 2016 3
ORDINANCE REVIEW COMMITTEE 4 5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6 7 MEMBERS PRESENT: Lydia Wegman (Vice Chair), At-Large Chapel Hill Township; Lisa Stuckey, Chapel Hill 8
Township Representative; James Lea, Cedar Grove Township Representative; Tony Blake, Bingham Township 9
Representative; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; 10
11 12 MEMBERS ABSENT: Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 13
Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham 14
Township; Patricia Roberts, Cheeks Township Representative; 15
16
17
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Ashley Moncado, 18
Special Projects Planner, Meredith Pucci, Administrative Assistant II 19
20
21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23
Lydia Wegman called meeting to order and introduced new member, Kim Piracci. 24
25
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – O/I 26
(OFFICE/INSTITUTIONAL) ZONING DISTRICT AND NEW PERMITTED USE TYPE 27
TO REVIEW AND COMMENT UPON PROPOSED AMENDMENTS TO THE UDO REGARDING 28
REVISIONS TO THE O/I (OFFICE/INSTITUTIONAL) ZONING DISTRICT AND ESTABLISHMENT OF A 29
NEW PERMITTED USE TYPE. 30
PRESENTER: ASHLEY MONCADO, SPECIAL PROJECTS PLANNER 31
32
Ashley Moncado reviewed abstract 33
34
Craig Benedict presented information on map 35
36
Tony Blake: So the part that would be OI or OI/RM is the green/gray place but not Buckhorn? And you would not 37
want residential in there at all? 38
39
Craig Benedict: The mixed use that we’re promoting in this we checked with economic development department, the 40
mixed use their interested in is employment centers and possibly retail, but there’s other land uses in the Efland area 41
that allow for multi-family and even single family. So, right now we want to protect our economic development zones 42
as much as possible for non-residential because if you allow a multi-family or a single family, which was allowed in 43
some of our other uses, if they happen to be the first proposals to come in and they were permitted by right in many 44
cases we most likely would allow them. And then when the business comes in we have residential people saying 45
they don’t want that business there, even though the intent of the economic development zone was for jobs. Ninety-46
five percent of Orange County Planning jurisdiction allows residential, it’s only about 5 percent within our power to 47
focus on our economic development efforts, so we want to protect that from too much residential in that area. 48
49
Paul Guthrie: I have a basic question. How are you defining residential? I asked the question because I can think of a 50
circumstance when a business that this area would be useful to be in might very well want to have a residential 51
security manager or residential over-seerer for research or something like that where the residents would actually be 52
on-site. How would you handle a situation like that? 53
54
5
Craig Benedict: We could allow that as an accessory use. We’ve had mini warehouses where they wanted an on-site 55
resident and you could accommodate that as not a primary use but as an incidental and secondary use. And we can 56
make sure that’s allowed for big factories there might be some residential or over night component to it. 57
58
Paul Guthrie: It just occurred to me that if you barred that completely it could give you a problem. On the other hand, 59
if you allowed it then I think somebody could attack the whole principal on the basis. 60
61
Craig Benedict: We’re allowing hotels and motels, and someone might say that’s residential but that’s a commercial 62
use. 63
64
Michael Harvey: I would make the argument that’s not a residential land use. The principal use of the property would 65
be X and it’s up to the applicant to justify, “I need this for this reason” and again I know we shouldn’t be fixating on 66
the examples, but in that example that’s what I would say; that it’s not functioning as a residential development, there 67
is a component, but it’s in support of the principal use which, let’s say, is this research manufacturing unit. 68
69
Lisa Stuckey: So if I drove through this, what would it look like? 70
71
Craig Benedict: These would be more of a corporate park but, corporate parks and business parks and industrial 72
parks have changed over the last 15-20 years. Our zoning, as evidence by office institutional, was very regimen. This 73
is where you put your Class A office building, and then somewhere else you put your warehouse, and somewhere 74
else you put your manufacturing, and somewhere else you have R&D. Now they don’t do that anymore, they put 75
everything in the same place. They’ll have their clean office, they’ll have their R&D Park they’ll put it all together. This 76
district will allow office, and research, manufacturing, and distribution. So, the buildings could be from 20,000 to 77
100,000 square feet. So you could see a few of those buildings in there that have multiple activities. And by the 78
secondary uses that are allowed means that somebody could come in with a business and say, “I don’t see enough 79
restaurants around here, how about if I bring as part of my master plan a Chili’s with me?” and that’s a bonus. When 80
we were looking at another retail site, Cabella’s, even though that was all retail they brought a hotel with them and a 81
restaurant. We’re definitely not having this as a retail focus, we’re listing this stuff as secondary uses in there so we 82
can keep that prime use as job based light industrial manufacturing. 83
84
Lydia Wegman: Have we heard of any companies that are interested in this particular kind of land use? Or this is just 85
to make us attractive to companies if one is interested? 86
87
Craig Benedict: This is just to make us attractive. When the candy factory came, they were designated 88
Office/Institutional, and it did say manufacturing was okay. I’d say it’s a relatively small fix, as you were mentioning 89
some of the economic development zones; we need to go into there and take a look at the way the uses are 90
fashioned in there too. The next project that you’ll hear from Perdita Holtz, probably in the next month or so, is in the 91
Hillsborough Economic Development. Because we have a joint agreement with Hillsborough we’re trying to align both 92
our joint land uses and the zoning categories that can go within that land use. And right now, they’re all over the 93
place. 94
95
Tony Blake: I have a question. I read through this and I read the column and what it allows and accessory use and all 96
that stuff and I came down to the automotive/transportation and because I’m sort of passionate about the way we’re 97
doing our transit and thinking that BRT is a good rapid transit solution. I noticed that it would allow a bus passenger 98
shelter, which I view as one of these little cubicles by the side of the road, but not a bus terminal or garage. And Bus 99
Rapid Transit has a raised platform appeal, especially in an area where there’s a concentrated number of transit 100
people. Would that be allowed in this zone? 101
102
Craig Benedict: Well, we can make it. It does make sense. I think what they were thinking about was kind of a simple 103
city bus terminal, so we can make sure that our bus stops and level platforms and all stuff could be allowed. Because 104
we do have our bus service that is going very close to this zone, if not through it, and if we get some employment 105
concentrations we will modify that transit system. 106
107
6
Tony Blake: If you can. A lot of people live within walking distance; the least we could do is provide a good, raised 108
platform sort of transit. 109
110
Lisa Stuckey: What is raised platform? 111
112
Tony Blake: The big slam against buses versus light rail is light rail you board and you walk directly from the platform 113
onto the platform without steps. But BRT actually has the ability to pull a bus in at a raised platform and where you 114
are walking directly onto the bus, the same way you would walk onto a light rail train. And it’s being deployed and it’s 115
a lot cheaper than light rail and more flexible. And the travel lane down Martin Luther King will actually be able to be 116
used for emergency vehicles as well. 117
118
Ashely Moncado continued with the presentation 119
120
James Lea: What would that do to the property owners? Would that raise their taxes? 121
122
Craig Benedict: No. The property taxes are based on the properties of a similar zoning category sell over time. So, 123
putting even sewer on a piece of property eventually would raise the value of it but changing the uses would not 124
automatically, until somebody determines that this new use list is better and therefore more valuable but, we’re a 125
couple years from where that would ever matriculate into higher values. 126
127
Lisa Stuckey: It leads to the potential of higher value, so higher taxes. 128
129
Paul Guthrie: It could potentially. Property is less and less areas available for residential, for example, outside of that 130
district if someone wanted to sell their house in that they would have, potentially, a sale of their house that would 131
raise as assess valuation in the next re-evaluation. 132
133
Craig Benedict: We have examined which districts have residential. If they sell their residential property for office 134
research manufacturing and they get more money for it at some point in the future, they’d love that. 135
136
Paul Guthrie: But you can’t keep them from selling it for another residential person. 137
138
Craig Benedict: Probably not. 139
140
Paul Guthrie: This is a far out thing, but we’re still in the area. I spent a good part of the afternoon reading about this 141
other thing, the Supreme Court case, and these are the kinds of things you start getting trouble with down the road. 142
143
Craig Benedict: One last thing about that, we addressed this in the Buckhorn EBB area. We asked the people if they 144
would like the zoning rollback to residential one that would allow the house to be reconstructed and burned down or 145
would you like it to remain Buckhorn District 2 that has higher value if you ever sell it, it was resounding to leave it 146
EDB-2. 147
148
Michael Harvey: One more thought in question when I read this. There’s a demand right now. There’s a lack of wet 149
lab space in the area and this talks about laboratories, not limited laboratories, prototype production, general facilities 150
but, wet labs sometimes have some pretty onerous stuff going on in them. Is there something that you would put in 151
here to protect that or restrict that or change that? Basically, this is something I can see where somebody would want 152
to come in and put in a wet lab and this thing they’re dealing with some kind of biological agent or something like that 153
and people go crazy, but it’s permitted by right and so I’m just trying to air on the side of caution here. 154
155
Craig Benedict: Two answers in there. There might be room to add something here. One is we tried not to legislate 156
water consumption, even though there are some provisions in some of our economic development zones that talk 157
about it, but it doesn’t say that if you use over one galloon per square foot we’re not going to allow you. So that’s one 158
element we try not to legislate uses by the water they use but, admittedly in all of our economic development zones 159
we have limitations on water use because there’s just not a lot of water. In Hillsborough there’s some water limitation, 160
also in Eno. The bigger restriction is the sewer outfall that comes from it, that’s where the restriction is. So with the 161
7
sewer element of it there are some pre-treatment requirements that al utility providers have. And we could note that 162
they must meet the environmental regulations of the utility. For example, Morinaga; there is a pre-treatment function 163
so there’s not high level organic matter that goes in the sewer that can create issues. 164
165
Michael Harvey: I guess I was asking; is that covered somewhere else? Or because we’re permitting this by right are 166
we leaving the door open for a big use? 167
168
Craig Benedict: I think either turn it into a policy, like a small area planning policy so that we have be aware in of that 169
and I agree if you have something permitted by right you better have some way to have it black and white; it’s okay 170
by the site plan or it’s not okay by the site plan. So, I’ll work with Michael and Ashley to see if there’s a way to keep 171
that in mind. 172
173
Michael Harvey: Also, remember that just because something is permitted by right, there are still regulatory 174
permitting processes that we may say we could use. But using this example, if a local utility or even the state says 175
you can’t do what you’re proposing in this manner. 176
177
Tony Blake: But given what’s going on in politics right now, relying on the EPA or the state for things like that might 178
not be the wisest. 179
180
Craig Benedict: The one area we may consider is some of those performance measurements. Vibration, glare, and 181
soot; maybe we could have some sort of sewer. 182
183
Tony Blake: Yeah, or require them to contain whatever it is and dispose of it in some other way, elsewhere… What 184
I’m worried about is somebody is going to come in here and do something that’s potentially dangerous or harmful and 185
not be properly regulated. 186
187
Lydia Wegman: But as Michael says the EPA or the state. They would have to have some kind of hazardous waste 188
disposal or incineration permit in order to do that. 189
190
Ashley Moncado continued presentation. 191
192
Craig Benedict: And the last thing, if you have any more comments on this or any of the other Board Members have 193
comments send them to Ashley and before the next meeting we’ll try to answer them. So feel free to send Ashley 194
some additional comments. 195
196 AGENDA ITEM 3: ADJOURNMENT 197 198
Meeting was adjourned by consensus. 199
200
8
MINUTES 1
PLANNING BOARD 2
APRIL 6, 2016 3
REGULAR MEETING 4
5
MEMBERS PRESENT: Lydia Wegman-At-Large Chapel Hill Township (Chair); Tony Blake, Bingham Township 6
Representative (Vice-Chair); Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 7
Representative; Laura Nicholson, Eno Township Representative; Lisa Stuckey, Chapel Hill Township Representative; 8
Maxecine Mitchell, At-Large Bingham Township; Kim Piracci, At-Large; James Lea, Cedar Grove Township 9
Representative; Patricia Roberts; Cheeks Township Representative; 10
11 MEMBERS ABSENT: Andrea Rohrbacher, At-Large Chapel Hill Township; 12
13 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Ashley Moncado, 14
Special Projects Planner; Meredith Pucci Administrative Assistant; 15
16 OTHERS PRESENT: None 17 18 AGENDA ITEM 1: CALL TO ORDER 19
20
Lydia Wegman called meeting to order and introduced new member, Kim Piracci. 21
22
AGENDA ITEM 2: INFORMATIONAL ITEMS 23
a) Planning Calendar for April and May 24
25
Lydia Wegman reviewed Calendar for next meetings. 26
27
AGENDA ITEM 3: APPROVAL OF MINUTES 28
a) March 2, 2016 Regular Meeting 29
30
MOTION by Buddy Hartley to approve the minutes. Seconded by Tony Blake. 31 VOTE: UNANIMOUS 32
33
34 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 35
36
No changes to the agenda. 37
38 AGENDA ITEM 5: PUBLIC CHARGE 39
40 Introduction to the Public Charge 41
The Board of County Commissioners, under the authority of North Carolina General 42
Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land 43
development laws of the County. The general purpose of OCPB is to guide and 44
accomplish coordinated and harmonious development. OCPB shall do so in a manner, 45
which considers the present and future needs of its residents and business through 46
efficient and responsive process that contributes to and promotes the health, safety, and 47
welfare of the overall County. The OCPB will make every effort to uphold a vision of 48
responsive governance and quality public services during our deliberations, decision, and 49
recommendations. 50
51 Public Charge 52
9
The Planning Board pledges to the residents of Orange County its respect. The Board 53
asks its residents to conduct themselves in a respectful, courteous manner, both with the 54
Board and with fellow residents. At any time, should any member of the Board or any 55
resident fail to observe this public charge, the Chair will ask the offending member to 56
leave the meeting until that individual regains personal control. Should decorum rail to be 57
restored, the Chair will recess the meeting until such time that a genuine commitment to 58
this public charge is observed. 59
60 AGENDA ITEM 6: CHAIR COMMENTS 61
62
None. 63
64 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a 65
recommendation to the BOCC on government-initiated amendments to the text of the 66
UDO regarding sign regulations. This item is scheduled for the May 23, 2016 quarterly 67
public hearing and was most recently discussed by the Planning Board at its March 68
meeting. 69
70 Presenter: Michael Harvey, Current Planning Supervisor 71
72
Michael Harvey reviewed the abstract. 73
74
Paul Guthrie: Just to show everybody what these guys are talking about. This is the Supreme Court ruling that all of 75
this started. About 5 different justices taking a different take at it and they came together for a decision so that’s 76
where it starts. And then tied after North Carolina law and whether it comes anywhere close to this or provides 77
municipalities of Counties with the ability to react to this is the swimming pool these guys are working in right now. 78
79
Michael Harvey continued presentation. 80
81
James Lea: When you say eliminate, what do you mean? Those churches now have to take those signs down? 82
83
Michael Harvey: I believe you are talking about the proposal to eliminate the allowance for off-site directional signage 84
for churches. The answer is no, those churches that already have signs up will be allowed to keep them consistent 85
with the non-conforming section of the UDO. What this means if a car happens to mow it down it cannot be replaced. 86
If the sign falls into disrepair to a certain dollar amount or is destroyed a certain percentage it can’t be replaced. But, 87
they can continue to have them up until such time. And yes, there are going to be institutions that have enjoyed some 88
flexibility that are losing it now. Those churches without this signage will also be unable to erect them. 89
90
Lydia Wegman: So there will be no off site advertising prohibit? 91
92
Michael Harvey: Well right now, there’s no off site advertising technically allowed period. Churches are losing their 93
exemption. Outdoor advertising, specifically billboards, is a totally different animal actually regulated by the state. 94
95
Michael Harvey continued presentation. 96
97
James Lea: Is that an issue just in North Carolina? 98
99
Michael Harvey: No, but communities are allowed to deal with sign regulations differently. For example, Alamance 100
County doesn’t have some of the same standards we have with respect to setback and size of signs whereas Chapel 101
Hill, in certain circumstances, is more restrictive than we are currently. 102
103
James Lea: So it’s a county issue? 104
105
10
Michael Harvey: Well it’s a county and municipality issue. It is also a preference issue where communities adopt 106
regulations forwarding their own concepts of acceptability. 107
108
Tony Blake: Sounds like a DOT issue. 109
110
Michael Harvey: It’s a little bit of both. If the sign is on private property, DOT has no regulatory authority. We would. 111
Signs erected in a public right-of-way are their purview. 112
113
James Lea: So it looks like we’re going to put a regulation outlining what constitutes a flashing sign meaning a sign 114
can’t flash but only so often in a day correct. 115
116
Michael Harvey: Currently flashing, blinking signs are illegal. We are actually going to allow them so long as the 117
message only changes a certain amount of times in a given hour. They’re currently prohibited in Orange County. 118
We’re actually creating an allowance where you can have digital signage so long as the message doesn’t change but 119
a certain number of times an hour. Our problem currently is that we have no measureable standard to outline what is 120
and is not legal. 121
122
Michael Harvey continued presentation. 123
124
Tony Blake: Would it make more sense to base the square footage of the signage on the amount of road frontage or 125
the amount of area that’s visible to the public? I’m just kicking that around because it seems like this is somewhat 126
more arbitrary that what I would’ve expected and the other part of it is that you may be creating a market for signage. 127
If I’m only using 150 square feet of my signage, can I sell my signage allotment to someone else? 128
129
Michael Harvey: No, you can’t. 130
131
James Lea: What district does churches fall in on this table? 132
133
Michael Harvey: Churches are allowed in every (general use zoning) district we have. 134
135
James Lea: Because I know that some of them have nice signs that change. 136
137
Michael Harvey: For example, a church developed in the LC1 zoning district could have 172 square foot signage. A 138
church developed in the industrial district could have more signage. 139
140
Michael Harvey continued presentation. 141
142
Paul Guthrie: I think what would clarify and get focus on exactly where you’re going… Understand what this case did. 143
It was brought by a church that had no basic place for church services, so it moved around the community. They put 144
up temporary signs for a period of days, time where it was going to be each Sunday. And those weren’t taken down 145
over time and they got cited over time. That was the original cite. So they went in to court on both freedom of speech 146
and the fact that they were a church, and where the court got people in a pickle was this language, the sign content 147
based restrictions do not survive strict scrutiny because the town has not demonstrated that the code differentiation 148
between temporary directional signs and other types of signs further a compelling dominant interest and is narrowly 149
taled to that ending. That’s what he’s playing with right now. Is trying to meet that standard, and it’s a very tough 150
standard to meet. 151
152
Michael Harvey: Building on Paul’s point… The town’s ordinance (Reed versus Gilbert) said that if you have a 153
temporary sign announcing a special event you could have it up 72 hours before the event and has to be removed 154
within 24. If you have an off site directional sign it can only be up for 12 hours and has to be removed within the hour 155
the event ceases. So the issue was what is the sign this church is erecting. Is it a special event? No. Is it directional? 156
Yes, but it has this shelf life. So I, as the zoning officer, had to read the sign to determine what type of sign it was. 157
And enforce the ordinance appropriately. So I was basing my determination on content, not on the size of the sign, 158
not on what it was, or placement. And I was treating the signs of the same shape, size, everything different. Based on 159
11
the content of the wording. Our ordinance, with two or three notable exceptions, treated signage the same. It was 160
universally the same. And again, there are two or three exceptions to that where what I just said is incorrect, and 161
that’s precipitated all of these changes. But, the further problem is as James and I have gotten into it is you’re 162
establishing a standard based on the content. For example, if we said you’re allowed 8 square foot of signage on a 163
residential building if it has to convey hazardous material being store on site. 164
165
Tony Blake: That’s a bad example because that’s public safety. 166
167
Michael Harvey: Unfortunately, that’s not necessarily true. If you’re saying you can have this sign because it’s 168
conveying this message, that’s illegal. If you say you can have hazard identification signs that’s perfectly legitimate. 169
170
James Lea: So this ordinance now will be based on content. 171
172
Michael Harvey: It’s content neutral. Each district is going to be treated the same. Each land use in certain districts 173
are going to be treated the same. 174
175
Tony Blake: What’s your reason for treating the rural buffer different than our 1 or our 2? 176
177
Michael Harvey: Bluntly, it’s the rural buffer. It is by definition, by law, a less intensive district than our R1 and AR 178
zoning districts. And as a result, it has less allowable signage. 179
180
Lisa Stuckey: Try to expect more non-commercial 181
182
Michael Harvey: Correct… More single-family residential development versus any other allowed activity, yes… The 183
reason for the difference is because the inherent nature of the district is different than the other. 184
185
Lisa Stuckey: So that means that a sign for a temporary event is going to have the same status as a sign for a 186
permanent situation. You’re not able to make the distinction? 187
188
Michael Harvey: We can establish regulations for temporary signage, for temporary events. And there are still 189
standards that exist in here for that. But for example, what we have in here for the residential district is no sign on a 190
residential land use can be bigger than 12 square feet. We can’t even regulate political signs anymore. 191
192
Tony Blake: So the difference would be you could have your standard real estate sign out front and Sunday you’re 193
having an open house, you could put in a bigger open house sign and then that would have to come down? 194
195
Michael Harvey: Yes, because it’s a temporary component. 196
197
Michael Harvey continued presentation. 198
199
Maxecine Mitchell: So if I put a sign up and it said, “I hate all white people” you can’t come and tell me that I have to 200
take it down based on the content? 201
202
Michael Harvey: Correct. From a zoning stand point… Just because there’s a zoning component that says we don’t 203
regulate the content doesn’t mean that the sheriff’s department or law enforcement entities don’t have the authority to 204
say that you’re sign violates x,y, or z. This doesn’t eliminate or stop the enforcement of other applicable regulation. It 205
just says that the county, I, can’t drive down your road and say, “I don’t like that sign, it has to come up” based solely 206
on the message it conveys. 207
208
Maxecine Mitchell: One more question, Michael. I think we were talking about these topless bars and stuff, does that 209
mean they’ll be able to put up…? 210
211
Michael Harvey: This was actually a 6 week argument. I took the position, and after James and I looked at court 212
cases and we both agreed, that we could still say you cannot have a sign that contains lewd or lascivious letters, 213
12
words, displays, or characters. So you can’t have the adult cabaret or .. that has suggestive descriptive sign. You can 214
still have that regulation because there are actually court cases that say, you have the right as a community to not 215
allow this. We’re still allowing you to have your sign, but you can’t have lewd or lascivious displays or characters. 216
217
Michael Harvey continued presentation. 218
219
Craig Benedict: What could be an issue is you have the flag exemptions. If somebody flies a confederate flag, that’s 220
not listed. 221
222
Michael Harvey: Flags are the one issue that James and I are having a lot of… Craig is referring to page 36… 223
problems with. Currently this proposal says United States, State of North Carolina, Orange County flags are exempt 224
from regulations. It used to say flags, emblems or insignia of any national, state, or political subdivision. I don’t 225
consider the confederate flag to be a sign, I consider it to be a flag, I don’t think it’s an advertising material and I don’t 226
think it’s necessarily regulated by the sign ordinance. Whether or not I think the sign should or shouldn’t be flown is a 227
different discussion. But, this is where we get into a content problem. What happens when McDonalds has a 500 228
square foot flag that just has the big M on it? If you’re exempting flags… If the whole goal of the sign ordinance is to 229
say everyone is going to be operating from the same page in terms of allowable signage you do have to draw the line 230
somewhere. And what constitutes advertising and what doesn’t. 231
232
Tony Blake: Why can’t you regulate the size of the flag? 233
234
Michael Harvey: You could probably establish a regulation that says flags only of this size… 235
236
Tony Blake: Because over a certain size they do become an advertisement. They’re a focal point. 237
238
Michael Harvey: But I also would argue that if you say it’s 32 square feet of flag, why can’t I be patriotic and have a 239
64 square foot American flag. Why are you limiting my ability to fly a larger American flag? And then I lose the court 240
case on a totally different issue. 241
242
James Lea: Not to mention in a residential area. Can residents fly flags? If so, how big, what kind? 243
244
Lisa Stuckey: Also, you could have 22 flags. That’s a sign. 245
246
Michael Harvey: Again, I don’t think that… You have a banner that has a kitten hanging from a tree in your garden, 247
should I count that? I don’t think I should. 248
249
Paul Guthrie: I think limiting what you do with flags is probably a good idea. Because, for instance, you tell the 250
counsel general or Guatemala that he can’t fly the Guatemalan flag outside the consulate general’s office. Of course 251
not. 252
253
Michael Harvey: Well that’s a good example but it’s a good example for a different reason. I would argue that when 254
you have an embassy that’s not technically regulated under local law anyway. It’s covered in a diplomatic immunity. 255
256
Paul Guthrie: It’s immunity there but what do you say to a Quebec citizen who lives in Orange County and flies the 257
Quebec Flag? What do you say to them? The only thing you can do is you’re using content as the basis for your 258
regulation. 259
260
Kim Piracci: This is related to a question that keeps running through my head. Is there ever a problem with 261
differentiating art and signage? 262
263
Michael Harvey: I’m sure that there could be. What is it? If you have a piece of art that’s meant to convey an 264
advertising message, that’s content, what’s the purpose and intent of the structure? That’s where we always get into 265
a foul area of what do you do? And on page 36, you’ll notice we’ve added the golden arches. The golden arches at 266
13
McDonald’s are symbols and will be included in the computation of sign area. It’s a brand. So we would say that’s 267
part of the sign. 268
269
Paul Guthrie: Let me pose a similar thing. A couple of restaurants in Chapel Hill have commission on their walls 270
pieces of art that have a theme that makes you hungry and want to eat, outside, are they signs? 271
272
Michael Harvey: In my opinion it only becomes a sign if it says, “Eat at Spanky’s” whereas if you paint a mural that 273
has this wonderful scene of people eating but Spanky’s name isn’t in it, I don’t think it’s a sign. It’s a mural. It’s art. I 274
don’t think it ought to be regulated by this ordinance and I don’t think the County has any business trying to do that. 275
What I have told businesses in Orange County is, you want to paint the side of your building, paint it as a mural and 276
do some intricate design. Great, go for it. What you can’t do is exceed the sign allowance so if you have a 32 square 277
foot area where you say this that’s fine because that’s the sign limit, you just can’t turn your whole side of your 278
building into a billboard because that’s when I have to count the whole side of the building. 279
280
Lisa Stuckey: I do think within here there was one place that was very complicated. I think you lost track of which sub 281
a to sub b whatever and just want to encourage you to go through it very carefully. 282
283
Maxecine Mitchell: Have you spoke on community signs? 284
285
Michael Harvey: That’s actually going to be covered, if you’re doing a community/residential project like a subdivision 286
it’s going to be covered under the non-residential project development because while it is a residential subdivision we 287
count it as a non-residential project. So they get that allowance for a freestanding sign for the entry and then all the 288
signage for internal, like park this way or remember that road/street signs are exempt, construction entrance is going 289
to be exempt because it’s a directional sign. That’s required by the County. 290
291
Lisa Stuckey: But why is it called non-residential? 292
293
Michael Harvey: Truly, it’s either non-residential land uses or projects. A subdivision is a project. The individual 294
houses are residential development but the entity in and of itself is a project. 295
296
Tony Blake: What’s the criteria for turning the thing over to a community board or homeowners association? 297
298
Michael Harvey: Well for me, once the subdivision is built out, the roads are in, and the subdivision’s plated and here 299
it is, each individual lot is now going to be sold. It’s each individual lot that falls to residential development and those 300
limitations. The subdivision in and of itself exists as an entity. 301
302
Paul Guthrie: Michael, how do you handle communities that have homeowner associations and don’t have public 303
roads or signage? 304
305
Michael Harvey: Well, in this ordinance we’ve actually spelled out that if you’re erecting street signs in a private 306
subdivision those are exempt because they serve a public safety purpose. 307
308
309
310
311 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS 312 A. Board of Adjustment 313
None 314
315 B. Orange County Transportation 316
317
Craig Benedict went over recent items from the OUTBoard and transportation division. 318
319
14
Tony Blake: The one I was interested in was Orange Grove Road cutting through to 70, and that would take some of 320
the pressure off Churton street in downtown Hillsborough. 321
322
Craig Benedict: We’re interested in the development that Hillsborough recently approved, Collin’s Ridge, a thousand 323
units that would be using that as the primary access point because that’s the only… And they have to get additional 324
right of way for that. We’re trying to see if some contributions by the developer could accelerate that road. 325
326
Paul Guthrie: Is the state still listing the train station… 327
328
Craig Benedict: Yes, it’s still on schedule. It’s not 2017, I think it’s 2019… That’s an important link and if we can 329
leverage all the money together it could accelerate that project. The developer of Colin’s Ridge was going to make 8 330
improvements on Churton by 2018 and 2022 Churton Street was going to be widened by DOT in 2023. And so our 331
recommendations from the county were, why don’t you take the money from the developer, give it to DOT and have 332
them bring the whole project forward instead of .. And reconstruction and the waste of those 8 improvements… And 333
we have a new finding that could make this even more feasible. They actually want to bend/change the curvature in 334
that area and so what they could do is while they’re building the new curvature which is shorter they can build the 335
tunnel before they build the track on top of it which is a lot cheaper and it doesn’t make the rail paranoid that you’re 336
tunneling underneath it in active traffic. That’s something that we just got recently. 337
338
Tony Blake: So one more question… I was reading today and I went to that meeting with the Chamber of Commerce 339
in Chapel Hill and there was some talk about this, they used to call it the EDGE… And so is there any movement 340
there in that joint planning area or is that still… 341
342
Craig Benedict: It’s Chapel Hill’s decision… They changed. It was JPA but last year they turned to… They asked for 343
comments from Orange County on that but the master plan developed had this wide range of approvals from 30% 344
residential to 70% residential so the impacts for that wide range is quite a difference so we said 30% residential and 345
70% non-residential tax base. It probably would be a good balance sheet for County purposes. 346 AGENDA ITEM 9: ADJOURNMENT 347
348
Motion to adjourn made by Lisa Stuckey. 349
___________________________________________
Lydia Wegman, Chair
15
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 6, 2016
Action Agenda
Item No. 7
SUBJECT: Unified Development Ordinance (UDO) and Comprehensive Plan Amendments
– O/I (Office/Institutional) Zoning District and Establishment of a New Permitted Use Type
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form
2. Statement of Consistency
3. Proposed Amendments
4. Proposed Amendment Summary
5. Draft April 4, 2016 Ordinance Review
Committee Notes
Ashley Moncado, Planner II (919) 245-2589
Craig Benedict, Director (919) 245-2575
PURPOSE: To make a recommendation to the Board of County Commissioners (BOCC) on a
Planning Director initiated text amendment to the Unified Development Ordinance (UDO) and
Comprehensive Plan regarding the O/I (Office/Institutional) Zoning District and establishment of
a new permitted use type that would also be permitted in the Industrial Districts (I-1, I-2, and I-3).
BACKGROUND: Based on Board of County Commissioners’ goals to promote economic
sustainability through planning policies and orderly growth this amendment is proposed. In order
to manage, accommodate, and review mixed use developments containing office, research, and
manufacturing, the Planning Director has initiated a text amendment to the O/I
(Office/Institutional) zoning district. The amendment proposes to:
• Rename the O/I (Office/ Institutional) zoning district to the O/RM (Office/Research and
Manufacturing) zoning district.
• Allow for additional principal uses to be permitted by right in the modified O/RM district.
• Delete residential uses as a permitted use in the modified O/RM zoning district.
• Create a new permitted use type, Research and Manufacturing Facility, to allow for
research facilities with advanced manufacturing operations in the modified O/RM and
existing I-1, I-2, and I-3 (Industrial Light, Medium, and Heavy, respectively) zoning
districts.
The proposed amendment was previously included as part of a combined amendment package
with the secondary uses text amendment that is also on this agenda. Following a
recommendation from the Orange County Attorney’s Office, Planning staff separated the original
amendment allowing for secondary uses to be presented as a second amendment package.
This was recommended because the concept of secondary uses could be applied to a variety of
zoning districts in the future. This original, combined item was presented for review and
comment at the April 4, 2016 Ordinance Review Committee (ORC) meeting. Agenda materials
16
from that meeting are available at http://www.co.orange.nc.us/planning/planningboard.asp. Draft
summary notes from this meeting are included in Attachment 5. In addition, a public information
meeting was held on April 20 to review the proposed amendments and accept public comment.
No concerns about the proposal were expressed by attendees.
The Planning Department and Economic Development Departments have reviewed and
discussed these amendments and find they further joint goals.
Attachment 1 contains additional information and analysis regarding this amendment. Proposed
text amendment language can be found in Attachment 3 within a “track changes” format. The
table in Attachment 4 summarizes the proposed amendments to the Table of Permitted Uses.
These amendments are scheduled to be presented at the May 23 Quarterly Public Hearing.
Planning Director’s Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 2 and proposed amendment package contained in Attachment 3.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement were 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.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
RECOMMENDATION: The Planning Director recommends the Planning Board:
1. Review the proposed amendments,
2. Deliberate on the petition as desired,
3. Consider the Planning Director’s recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 2)
and proposed amendment package (Attachment 3) in time for the May 23, 2016
Quarterly Public Hearing.
17
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2016-03
O/I (Office/Institutional) Zoning District
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s): Appendix F: Relationship Between Land Use Categories and
Zoning Districts Matrix
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section 3.4, General Commercial Districts
Section 5.2, Table of Permitted Uses
Section 6.4.3, Noise
Section 6.4.4, Vibrations
Section 6.8.6, Land Use Buffers
Section 10.1, Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.3 Comprehensive Plan Amendments
and Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of
the UDO, the Planning Director has initiated a text amendment related to the O/I
(Office/Institutional) zoning district. The purpose of this amendment is to allow for
Attachment 1 18
2
mixed use developments comprised of office, research, and manufacturing to be
permitted by right on a parcel. An additional permitted use type would also be added
to the modified O/RM zoning district and the existing I-1, I-2, and I-3 zoning districts.
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’.
In order to accommodate and permit for new mixed use developments comprised of
office, research, and manufacturing, the Planning Director is proposing to initiate a
text amendment to the O/I (Office/ Institutional) zoning district. The amendment
proposes to:
Rename the O/I (Office/ Institutional) zoning district to the O/RM
(Office/Research and Manufacturing) zoning district.
Allow for additional principal uses to be permitted by right in the modified
O/RM district.
Delete residential uses currently permitted in the O/I zoning district.
Create a new land use type, Research and Manufacturing, to allow for
research facilities with advanced manufacturing operations in the O/RM, I-1, I-
2, and I-3 zoning districts.
The Comprehensive Plan text amendment is necessary to ensure references to the
current O/I (Office/Institutional) zoning district are modified to reflect the proposed
O/RM (Office/Research and Manufacturing) zoning district.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 3: Economic Development Element - Section 3.5 Goals
Economic Development Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and
enhances high-quality employment opportunities for County residents.
Objective ED-1.5:
Identify barriers to development of desirable businesses and local businesses,
and mitigate these barriers.
Objective ED-2.1:
Encourage compact and higher density development in areas served by water
and sewer.
Chapter 5: Land Use Element - Section 5.6 Goals
Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County’s population and economy
consistent with other Comprehensive Plan element goals and objectives.
Land Use Goal 1:
Fiscally and environmentally responsible, sustainable growth, consistent with the
19
3
provision of adequate services and facilities and a high quality of life.
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 4:
Land development regulations, guidelines, techniques and/or incentives that
promote the integrated achievement of all Comprehensive Plan goals.
Objective LU-1.1:
Coordinate the location of higher intensity / high density residential and non -
residential development with existing or planned locations of public
transportation, commercial and community services, and adequate supporting
infrastructure (i.e., water and sewer, high-speed internet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural resources.
This could be achieved by increasing allowable densities and creating new
mixed-use zoning districts where adequate public services are available.
Objective LU-3.1:
Discourage urban sprawl, encourage a separation of urban and rural land uses,
and direct new development into areas where necessary community facilities and
services exist through periodic updates to the Land Use Plan. (See also
Economic Development Objective ED-2.8.)
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 22, 2016
b. Quarterly Public Hearing
May 23, 2016
c. BOCC Updates/Checkpoints
April 6 – Ordinance Review Committee (receive materials)
May 4 – Planning Board Recommendation (receive materials)
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
April 6, 2016 – Ordinance Review Committee
May 4, 2016 – Recommendation to the BOCC
20
4
b. Advisory Boards:
The proposed amendments were on April 5, 2016. No comments
provided to the Economic Development have been received.
Advisory Board for review and comment
c. Local Government Review:
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing
e. Outreach:
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
Adoption of the proposed amendment will rename the existing O/I (Office/Institutional)
zoning district to O/RM (Office/Research and Manufacturing) zoning district, allow for
additional principal uses in the O/RM district, delete residential uses as a permitted use
in the O/RM zoning district, and create a new land use type, Research and
Manufacturing Facility. This amendment will allow for mixed use developments
comprised of office, research, and manufacturing to be permitted by right on a parcel
which will allow for a faster review process than would currently be required.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 3
General Public: A public information meeting was held on April 20, 2016 at
the Efland-Cheeks Community Center from 6:00 p.m. to
7:30 p.m. to review the proposed amendments and accept
public comment. Mailings were sent to property owners in
the county who own property zoned as O/I
(Office/Institutional) to inform them of the proposed
amendment. An e-mail was sent to Efland-area residents
who have previously attended meetings and provided and
e-mail address. Additionally, the Efland-Mebane Small Area
Plan Implementation Focus Group was notified of the
meeting. Eleven people attended the meeting. No
concerns about the proposal were expressed by attendees.
Small Area Plan Workgroup:
Other:
21
5
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado@orangecountync.gov
22
1
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) regarding the O/I (Office/Institutional) Zoning District and establishment of a new
permitted use type that would also be permitted in I-1, I-2, and I-3.
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.
c. The amendment is consistent with applicable plans because it:
1. Supports the following 2030 Comprehensive Plan goals and objectives:
Chapter 3: Economic Development Element
Economic Development Overarching Goal: Viable and sustainable
economic development that contributes to both property and sales tax
revenues, and enhances high-quality employment opportunities for County
residents.
Objective ED-1.5: Identify barriers to development of desirable businesses
and local businesses, and mitigate these barriers.
Objective ED-2.1: Encourage compact and higher density development in
areas served by water and sewer.
Chapter 5: Land Use Element
Land Use Overarching Goal: Coordination of the amount, location, pattern
and designation of future land uses, with availability of County services and
facilities sufficient to meet the needs of Orange County’s population and
economy consistent with other Comprehensive Plan element goals and
objectives.
Land Use Goal 1: Fiscally and environmentally responsible, sustainable
growth, consistent with the provision of adequate services and facilities and
a high quality of life.
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 4: Land development regulations, guidelines, techniques
and/or incentives that promote the integrated achievement of all
Comprehensive Plan goals.
Attachment 2
23
Objective LU-1.1: Coordinate the location of higher intensity / high density
residential and non-residential development with existing or planned
locations of public transportation, commercial and community services, and
adequate supporting infrastructure (i.e., water and sewer, high-speed
internet access, streets, and sidewalks), while avoiding areas with protected
natural and cultural resources. This could be achieved by increasing
allowable densities and creating new mixed-use zoning districts where
adequate public services are available.
Objective LU-3.1: Discourage urban sprawl, encourage a separation of
urban and rural land uses, and direct new development into areas where
necessary community facilities and services exist through periodic updates
to the Land Use Plan. (See also Economic Development Objective ED-2.8.)
d. The amendment is reasonable and in the public interest because it:
1. Supports and accommodates innovative and diverse economic
development opportunities in the future.
2. Balances economic suitability with orderly, compact growth.
3. Promotes mixed use development in appropriate areas of the county served
by water and sewer infrastructure which limits sprawl, protects the rural
environment, and lessens land use conflicts.
The Planning Board of Orange County hereby adopts this Statement of Consistency
and findings expressed herein.
______________________ ________________________
Lydia N. Wegman, Chair Date
24
UNIFIED DEVELOPMENT ORDINANCE AND COMPREHENSIVE PLAN AMENDMENT
PACKET NOTES:
The following packet details the proposed text amendment regarding the existing O/I
(Office/Institutional) Zoning District. The amendment package will modify Sections 3.4, 5.2,
6.4.3, 6.4.4, 6.8.6, and 10.1 of the Unified Development Ordinance (UDO) and Appendix F of
the Comprehensive Plan.
As the number of affected pages/sections of the existing UDO and Comprehensive Plan are
being modified with this proposal, staff has divided the proposed amendments into the
following color coded classifications:
Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO
and Comprehensive Plan.
Black Strikethrough Text: Denotes existing text that staff is proposing to delete from the
UDO and Comprehensive Plan.
*: Denotes existing text that staff is proposing to delete from Section 5.2, Table of
Permitted Uses, of the UDO.
Only those pages of the UDO and Comprehensive Plan impacted by the proposed
modification(s) have been included within this packet. Some text on the following pages has a
large “X” through it to denote that these sections are not part of the amendments under
consideration. The text is shown only because in the full UDO and Comprehensive Plan it is on
the same page as text proposed for amendment or footnotes from previous sections ‘spill over’
onto the included page. Text with a large “X” is not proposed for modification.
Please note that the page numbers in this amendment packet may or may not
necessarily correspond to the page numbers in the adopted UDO because adding text
may shift all of the text/sections downward.
Users are reminded that these excerpts are part of a much larger document that regulates land
use and development in Orange County. The full UDO is available online at:
http://orangecountync.gov/planning/Ordinances.asp. The full Comprehensive Plan is available
at:
http://www.orangecountync.gov/departments/planning_and_inspections/2030_comprehensive_
plan.php.
.
Attachment 3
25
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-30
O/I O/RM
OFFICE /
INSTITUTIONAL OFFICE /
RESEARCH AND
MANUFACTURING
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet)
R [1] None
NR
NR-CU 5,000
PURPOSE
Lot Width, min. (feet)
R
NR-CU None
The purpose of the Office/Institutional (O/I) Office/Research and
Manufacturing (O/RM) District is to provide locations for medium
and high intensity office, service, institutional, and residential
research, and light manufacturing land uses in areas where
urban services are available or are to be made available as part
of the development process. This district is intended to provide
for employment centers near transportation routes.
NR 50
Front Setback from
ROW, min. (feet)
R
NR - CU None
NR 25
Side Setback, min. (feet)
R None
NR 10 [2]
APPLICABILITY NR - CU None [2]
This district will usually be applied where the following conditions
exist:
1. Site is located in areas designated by the adopted
Comprehensive Plan as Commercial Transition Activity Node or
Commercial-Industrial Transition Activity Nodes.
2. W ater and sewer mains are existing at the site or are to be
made available during the development process.
Rear Setback, min.
(feet)
R None
NR 10 [2]
NR - CU None [2]
Height, max. (feet) 35 [3]
DIMENSIONAL STANDARDS NOTES:
[1] R = residential, NR = non-residential, CU = conditional use.
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Floor Area Ratio, max.
R - CU
NR .40
NR-CU .45
Required Open Space
Ratio, min. .55
Required Livability
Space Ratio, min. R-CU .52
Required Recreation
Space Ratio, min.
R .111
R-CU .114
Gross Land Area,
min./max.
(square feet)
R-CU 5,000/
none
NR-CU 200,000/
none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
O/I O/RM DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the O/I O/RM District in Section 5.2, unless a Conditional Use
(CU) or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted
based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3
for land use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Articl e 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non -residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
26
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-31
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in
the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
8. Subdivisions in the Economic Development, Commercial and/or Industrial Nod es are subject to the
procedure outlined in Section 2.16.
9. Normally, the maximum amount of land zoned to this district shall not exceed five acres.1
10. The site shall be located near major transportation corridors and have access to adequate public road way
network.
1 Planning staff is proposing the removal of this standard in order to support larger economic development
projects in the future.
27
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-5
SECTION 5.2: TABLE OF PERMITTED USES
5.2.1 Table of Permitted Uses – General Use Zoning Districts
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
AGRICULTURAL USES
Agricultural Processing Facility ~ * * * *
Agricultural Processing Facility, Community ^ * * * * * *
Agricultural Services Uses * *
Cold Storage Facility A * * *
Community Farmers’ Market ^ * * * * * * *
Composting Operation, no grinding A
Composting Operation, with grinding ~ A
Cooperative Farm Stand ^ * * * * *
Equestrian Center A
Farm Equipment Rental, Sales and Service ~ * * * * *
Farm Supply Store * * * * *
Feed Mill ~ * * *
Greenhouses with On Premises Sales ^ * * * * * *
Meat Processing Facility, Community ^ * * * * * *
Meat Processing Facility, Regional ~ A
Non-Farm Use of Farm Equipment ^ * * *
Stables, Commercial ~ B B B B B B
Stockyards / Livestock Markets ~ *
CHILD CARE & EDUCATIONAL FACILITIES
28
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-6
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Center in a Residence for 3 to 12 Children * * * * * * * * * * * * * *
Child Care Facilities B B B B B B B B B * * * * * *
Libraries * * * * *
Non-Profit Educational Cooperative A
Schools: Dance, Art & Music * * * * * *
Schools: Elementary, Middle & Secondary A A A A A A A A A A
Schools: Vocational * * * * *
Universities, Colleges & Institutes * * * * * *
COMMERCIAL USES
Banks & Financial Institutions * * * * *
Beauty & Barber Shops * * * * *
Country Store * * *
Drive In Theaters ~ *
Funeral Homes ~ * *
Garden Center * * * * *
Hotels & Motels ~ * * *
Junkyards ~ A A A
Kennels, Class II ~ ^ B B B B B B
Laundry & Dry Cleaning Services * * * * *
Massage, Business of * *
Microbrewery with Minor Events ^ B B B B B
Nightclubs, Bars, Pubs * * *
Offices & Personal Services, Class 1 * * * * * * * * *
29
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-7
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Offices & Personal Services, Class 2 * * * * * * *
Offices & Personal Services, Class 3 * * * *
Repair Service Electronic & Appliance * * * *
Restaurants: Carry Out * * * *
Restaurants: Drive In * * *
Restaurants: General * * * *
Retail, Class 1 * * * * *
Retail, Class 2 * * * *
Retail, Class 3 * *
Rural Guest Establishment: Bed & Breakfast ^ * * *
Rural Guest Establishment: Bed & Breakfast Inn
^ B B
Rural Guest Establishment: Country Inn ^ A A
Sexually Oriented Businesses * *
Storage of Goods, Outdoor ~ * * * *
Storage or Warehousing: Inside Building * * * * * *
Studio (Art) * * * * * * * *
Taxidermy ^ B * * * * *
Tourist Home * * * * *
Wholesale Trade ~ * * * * * * *
Winery with Minor Events ^ B B B B B
EXTRACTIVE USES
Extraction of Earth Products ~ A A A A A
30
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-8
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
GOVERNMENTAL USES
Governmental Facilities & Office Buildings * * * * * * * * * * * * * * * * * *
Governmental Protective Services (Police & Fire
Stations) Rescue Squads, Volunteer Fire
Departments
* * * * * * * * * * * * * * * * * *
Military Installations (National Guard & Reserve
Armory) ~ * * * *
MANUFACTURING, ASSEMBLY & PROCESSING
Assembly, and Packaging, and Distribution2
Operations Including Mail Order Houses, But
Excluding On-Premises Retail Outlets
* * * * *
Industrial, Heavy ~ *
Industrial, Light ~ * * * * *
Industrial, Medium ~ * *
Microbrewery, production only ^ B B * * * *
Printing & Lithography * * * * * *
Sawmills ~ *
Winery, production only ^ B B * * * *
MEDICAL USES
Health Services: Over 10,000 Sq. Ft. ~ * *
Health Services: Under 10,000 Sq. Ft. * * * * *
Hospitals ~ * *
2 Modifications to this existing land use type are intended to clarify how distribution uses related to assembly and packing are classified in the table of
permitted uses. The existing definition for assembly/packaging operations contained in Section 10.1 allows for merchandise distribution.
31
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-9
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Veterinary Clinic B * * * * * * * * * *
Veterinary Clinic, mobile B B * * * * * * * * * *
Veterinary Hospitals * * * * * * *
RECREATIONAL USES
Botanical Gardens & Arboretums * * * * * * * * * * * * * * * * * * *
Camp/Retreat Center B B B
Golf Driving and Practice Ranges B * * *
Parks, Public * * * * * * * * * * * * * * * * * *
Recreational Facilities B B B B B B B B B B B * * B * * *
Golf Course A A A A A A A A A A A A A A A A A
RESIDENTIAL USES
Dwelling; Mobile Home * * * * * * * * * * *
Dwelling; Multiple Family * * * * * * * * *
Dwelling; Single-Family * * * * * * * * * * * * *
Dwelling; Two-Family * * * * * * * * * * * *
Family Care Home * * * * * * * * * * * * * * *
Group Care Facility B B B B B B B B B B B B B B B
Rehabilitative Care Facility * * *
Residential Hotel (Fraternities, Sororities, and
Dormitories) ~ A A A A A
Rooming House * * * * *
TELECOMMUNICATIONS
Telecommunication Tower – Stealth (75 feet or
shorter) * * * * * * * * * * * * * * * * * * * * *
32
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-10
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Telecommunication Towers (Over 75 feet and
under 200 feet) B B B B B B B B B B B B B B B B B B B B B
Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A
TEMPORARY USES
Buildings, Portable B B B B B B B B B B B B B B
Temporary Mobile Home (Use during
construction/installation of permanent residential
unit and for 30 days following issuance of
Certificate of Occupancy)
* * * * * *
AUTOMOTIVE / TRANSPORTATION
Bus Passenger Shelter * * * * * * * * * * * * * * * * * * *
Bus Terminals & Garages ~ * * * *
Motor Freight Terminals ~ * * *
Motor Vehicle Maintenance & Repair (Body
Shop) ~ * * *
Motor Vehicle Repair Garage ~ * *
Motor Vehicle Sales / Rental (New & Used) * * * * * * *
Motor Vehicle Services Stations * * * * *
Parking As Principal Use, Surface or Structure * * *
Petroleum Products: Storage & Distribution ~ * * *
Postal & Parcel Delivery Services * * *
UTILITIES
Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B B
Public Utility Stations & Sub-Stations, Switching
Stations, Telephone Exchanges, Water &
Sewage Treatment Plants
A A A A A A A A A A A A A A A A A A A A
33
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-11
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Electric, Gas, and Liquid Fuel Transmission
Lines B B B B B B B B B B B B B B B B B B B
Water & Sanitary Sewer Pumping * * * * * * * * * * * * * * * * * * * *
Solar Array – Large Facility B B B B B B B B B B B B B B B B B B B
Solar Array – Public Utility A A A A A A A A A A A A A A A A A A A
WASTE MANAGEMENT
Landfills (2 Acres or More) ~ A A A A A A A
Landfills (Less Than 2 Acres) ~ B B B B B B B
Waste Management Facility; Hazardous & Toxic~ A A A
MISCELLANEOUS
Accessory Uses * * * * * * * * * * * * * * * * * * * * *
Airports, General Aviation, Heliports, S.T.O.L ~ A A A A A A
Assembly Facility Greater Than 300 * *
Assembly Facility Less Than 300 * *
Cemetery B * B B B B B B B
Church * * * * * * * * * * * * * * * * * * *
Clubs or Lodges; Social; Fraternal or Union
Clubhouses * * * * * * * *
Community Center B B B B B B B B B * * * *
Crematoria ~ * * *
Historic Sites Non-Residential/Mixed Use A A A
Kennels, Class I * * * * * *
Research and Manufacturing Facility * * * *
Research Facility ~ * * * * * * *
34
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-12
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE
GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI
O/RM AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Research Lands & Installations, Non-profit *
Rural Heritage Museum B B B B B
Rural Special Events ^ * * *
Special Events (Less than 150) * * *
35
Article 6: Development Standards
Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-10
6.4.3 Noise
(A) General Standards
(1) Sound levels shall be measured with an A-weighted filter, constructed in
accordance with the specifications of the American National Standards Institute,
which automatically takes account of the varying effect on the human ear of
different pitches.
(2) All measurements shall be expressed in dB(A) to reflect the use of this A-
weighted filter.
(3) Impact Noises
(a) Impact noises are sounds that occur intermittently rather than
continuously.
(b) Impact noises generated by sources that do not operate more than one
minute in any one hour period are permissible up to a level of 10dbA in
excess of the figures listed in Table 6.4.3.B. This exception shall not
apply from 7:00 pm to 7:00 am when the adjacent lot is used or zoned for
residential purposes.
(c) The impact noise shall be measured using the fast response of the
sound level meter.
(4) Noise levels resulting from temporary construction or other temporary activity that
occurs between 7:00 am and 7:00 pm shall be exempt from the requirements of
this subsection.
(5) Noise levels for the extraction of earth products and landfills shall be as set forth
in Sections 5.11 and 5.12.
(B) Commercial, Industrial, and Conditional Zoning Districts
(1) Within the LC-1, O-I O/RM, EI, or I-1 district, no permitted Principal Use, Special
Use or Accessory Use shall generate noise that tends to have an annoying or
disruptive effect upon uses located outside the immediate space occupied by that
use.
(2) The following table establishes the maximum permissible noise levels for
permitted uses, special uses, conditional uses and accessory uses in the NC-2,
CC-3, GC-4, EC-5, AS, I-2, I-3, and CZ districts:
T ABLE 6.4.3.B: COMMERCIAL, INDUSTRIAL, AND CONDITIONAL ZONING DISTRICTS
MAXIMUM PERMITTED SOUND LEVELS
ZONING OF ADJACENT
LOT OR TYPE OF USE
IF CONDITIONAL OR
“OTHER” DISTRICT
ZONING OF DEVELOPMENT SITE
NOISE LEVEL LIMITS [DBA] FOR GENERATING LAND
USE
7:00 PM TO 7:00 AM 7:00 AM TO 7:00 PM
Residential
NC-2, I-2 [1] 50 60
CC-3, GC-4, EC-5,
I-3, AS, CZ Districts [2] 50 60
Commercial
NC-2, I-2 [1] 60 65
CC-3, GC-4, EC-5,
I-3, AS, CZ Districts [2] 65 70
Industrial
NC-2, I-2 [1] 65 70
CC-3, GC-4, EC-5,
I-3, AS, CZ Districts [2] 70 75
NOTES:
[1] Measurements shall be taken at the boundary line of the zoning lot.
[2] Measurements shall be taken at the boundary line of the zoning district.
36
Article 6: Development Standards
Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-12
(4) The values stated in Tables 6.4.4.B & 6.4.4.C may be multiplied by 2 for impact
vibrations.
(5) Vibrations resulting from temporary construction or other temporary activity that
occurs between 7:00 am and 7:00 pm shall be exempt from the requirements of
this subsection.
(6) Vibration levels for the extraction of earth products and landfills shall be as set
forth in Sections 5.11 and 5.12.
(B) Commercial, Industrial, and Conditional Districts
(1) No permitted Principal Use, Special Use or Accessory Use in LC-1, O/I O/RM, EI,
or I-1 districts may generate transmitted vibration that is perceptible to the human
sense of touch, measured at the outside boundary of the structure occupied by
the use generating the vibration.
(2) No permitted Principal Use, Special Use, Conditional Use or Accessory Use in
the NC-2, CC-3, GC-4, EC-5, I-2, I-3, and AS, and CZ districts may generate any
ground transmitted vibration in excess of the limits set forth in the following table:
TABLE 6.4.4.B: COMMERCIAL, INDUSTRIAL, AND CONDITIONAL DISTRICTS MAXIMUM
PERMITTED GROUND-TRANSMITTED VIBRATION
ZONING OF ADJACENT
LAND USE ZONING OF DEVELOPMENT SITE
MAXIMUM PARTICLE VELOCITY FOR
GENERATING LAND USE (INCHES PER
SECOND)
Residential
NC-2 & I-2 [1] 0.02
CC-3, GC-4, EC-5, I-3, AS, &
CZ Districts [2] 0.20
Non-residential
NC-2 & I-2 [1] 0.10
CC-3, GC-4, EC-5, I-3, AS, &
CZ Districts [2] 0.20
NOTES:
[1] Measurements taken at the boundaries of the zoning district lot containing the use generating
the vibrations.
[2] Measurements taken at the zoning district boundaries
(C) Economic Development Zoning Districts
(1) Maximum Permitted Ground Transmitted Vibration
TABLE 6.4.4.C: MAXIMUM PERMITTED GROUND-TRANSMITTED VIBRATION
RECEIVING LAND USE MAXIMUM PARTICLE VELOCITY FOR GENERATING LAND
USE (INCHES PER SECOND)
Residential development 0.02
Non-residential development 0.10
(2) Mitigation
(a) Design features used to mitigate vibration must be clearly identified on
the site plan.
(b) Applicants must provide documentation of the source and level of
vibration, and the specific manner in which the design feature will reduce
vibration to acceptable levels.
37
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
Orange County, North Carolina – Unified Development Ordinance Page 6-48
TABLE 6.8.6.D: LAND USE BUFFERS
ZONING OR USE OF ADJACENT PROPERTIES
RB
,
AR
,
RI
R-2,
R-3
R-4,
R-5
R-8,
R-13
MH
P
-CZ
O/I O/
R
M
, NC
-2,
LC
-
1
CC
-3,
G
C
-4,
EC
-5
EI, I-1,
I-2,
I-3,
PI
D
INT
E
R
S
T
A
T
E
HIG
H
W
A
Y
ART
E
R
I
A
L
STR
E
E
T
COL
L
E
C
T
O
R
STR
E
E
T
ACT
I
V
E
FAR
M
/
AGR
I
C
U
L
T
U
R
E
Zo
n
i
n
g
o
r
U
s
e
o
f
S
u
b
j
e
c
t
P
r
o
p
e
r
t
y
RB, AR, R1 - A A B F E F F F E B B
R-2 & R-3 A - A B F D F F F D B B
R-4 & R-5 A A - B F C E E F C B B
R-8 & R-13 B B B - F B D D F C B B
MHP-CZ F F F F - F F F F F F F
O/I O/RM, NC-
2,
LC-1
E D C B F - - - F B B D
CC-3, GC-4,
EC-5 F F E D F - - - F B B D
EI, I-1, I-2, I-3,
PID F F E E F - - - F B B D
AS, ASE-CZ D A A A F A A A F B B B
Note: MPD-CZ buffers to be determined at time of approval.
(E) Natural Buffers
(1) If there is existing, healthy, natural vegetation in the area of a required buffer, it
must be preserved. If the vegetation is removed for any reason, other than in
accordance with an approved landscape and tree preservation plan, the
dimensions of the buffer shall be increased 50% and the number of required
plantings shall be increased 50%.
(2) The critical root zones of trees within the buffer must be protected if the applicant
seeks credit for preservation of existing trees. For example, if a required buffer
has a dimensional width of 30 feet, and the critical root zone extends beyond the
30 feet, the buffer will be extended to the edge of the critical root zone in the area
around the tree.
(3) If necessary, a natural buffer will be supplemented with additional plantings in
order to meet the Constructed Buffers standards established herein.
(F) Constructed Buffers
(1) If existing plantings are not sufficient to meet the buffer standards established in
this Section, additional plantings shall be installed.
(2) The plant units listed below will be considered comparable, and therefore
interchangeable, as set forth below.
(3) Option 2, Deciduous, shall not be permitted when the proposed use is non-
residential and is proposed next to a residential district or use, unless employed
with a wall, as set forth herein.
38
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-35
Repetitive loss
Flood-related damages sustained by a structure on two separate occasions during any ten year period for
which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of
the market value, or the tax value in the absence of recent comparative sales, of the structure before the
damage occurred.
Research and Manufacturing Facility
An enclosed structure which accommodates research and research applications as well as related light
industrial uses. Facilities may include laboratories, offices, other facilities for research and development,
and production facilities.
Research Facility
An enclosed structure A facility which accommodates research and research applications. Facilities Such
facilities may include laboratories, offices, and other facilities for research and development, as well as
prototype production facilities for product creation. Prototype production shall be limited in scale to that
necessary to fully analyze the merits of the product. Facilities may be housed in multiple structures in a
cohesive, campus-like design, provided all research and development activities are conducted wholly
indoors.
Reservoir, Class I
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped directly to a treatment plant or to a small
intervening storage basin and thence to a treatment plant.
Reservoir, Class II
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped to a Class I reservoir prior to final entrance to a
water treatment plant.
Residential Development
Buildings for residential use such as attached and detached single family dwellings, apartment
complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages,
storage buildings, and gazebos.
Residential Floor Area
The sum of areas for residential use on all floors of the building measured from the outside faces of the
exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and
below-grade floor areas used for habitation and residential access.
Not countable as floor area are:
a) Open terraces, patios, atriums, or balconies
b) Carports, garages, breezeways, toolsheds
c) Special-purpose areas for common use of occupants, such as recreation rooms of social halls
d) Staff space for therapy or examination in care housing
e) Basement space not used for living accommodations
f) Any commercial or other non-residential space.
Residential Land Area
All portions of a parcel or tract of land intended to support residential development of any classification
(i.e. single-family, multi-family, etc), including accessory uses, and all land necessary to comply with the
provisions of this Ordinance. With respect to subdivisions and Conditional District projects, this term shall
be construed as including streets located entirely within the residential portion(s) of the development,
common open space, lands accepted for dedication for public purposes, and accessory and commercial
uses when developed as part of a mixed use development project.
Residential Use
A use of property characterized by the use of a structure(s) for habitation by an individual, family, or group
of unrelated individuals.
39
2030 Comprehensive Plan Amendments
40
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-1
Appendix F. Relationships Between Land Use
Classifications and Zoning Districts
Per the Orange County Unified Development Ordinance, zoning districts are applied
to Land Use classifications and overlays in accordance with this appendix. A matrix
is provided at the end of this appendix that links the zoning districts to the land
use classifications and overlays listed.
TRANSITION LAND USE CLASSIFICATIONS
CHAPEL HILL AND CARRBORO TRANSITION
On November 2, 1987, a Joint Planning Agreement was adopted by Orange County
and the Towns of Chapel Hill and Carrboro. The Agreement became effective on
November 14, 1988, following the adoption, by Orange County, of zoning plans
prepared by the two municipalities for their respective Transition Areas. The
applied zoning districts are those contained in the Chapel Hill Land Development
Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land
use plan categories contained in the Orange County Chapel Hill Carrboro Joint
Planning Land Use Plan. Reference should be made to the appropriate municipal
ordinance and zoning map for a description of the districts and applicable
development standards. Under the terms of the Joint Planning Agreement, the
Towns of Chapel Hill and Carrboro are responsible for permit administration within
their respective Transition Areas.
10-Year Transition
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. Non-residential uses implemented
in accordance with small area plans and/or overlay districts may be appropriate.
The applied zoning districts include: R-1 (Rural Residential); R-2 (Low Intensity
Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity
Residential); and R-5 (High Intensity Residential), R-8 (High Intensity Residential),
and R-13 (High Intensity Residential) residential uses, and Zoning Overlay Districts.
20-Year Transition
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. The applied zoning districts
include: R-1 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium
Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High
Intensity Residential), R-8 (High Intensity Residential), and R-13 (High Intensity
Residential) residential uses.
COMMERCIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
intensities of commercial development would be appropriate. The applied zoning
districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
(Community Commercial); GC-4 (General Commercial); and O/I (Office and
Institutional) O/RM (Office/Research and Manufacturing).
COMMERCIAL INDUSTRIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
commercial and industrial activities would be appropriate and allowed. The applied
zoning districts include: I-1 (Light Industrial); I-2 (Medium Industrial); I-3 (Heavy
Industrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
41
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-2
(Community Commercial); GC-4 (General Commercial); and O/I (Office/Institutional).
O/RM (Office/Research and Manufacturing).
ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE
Identifies areas along major transportation corridors that may be in proximity to 10-
Year or 20-Year Transition areas of the County which have been specifically targeted
for economic development activity consisting of light industrial, distribution, flex
space, office, and service/retail uses. Such areas are located adjacent to interstate
and major arterial highways, and subject to special design criteria and performance
standards. The applied zoning districts are EDB-1 (Economic Development Buckhorn
Lower Intensity), EDB-2 (Economic Development Buckhorn Higher Intensity), EDE-1
(Economic Development Eno Lower Intensity), EDE-2 (Economic Development Eno
Higher Intensity), EDH-1 (Economic Development Hillsborough Linear Office), EDH-2
(Economic Development Hillsborough Limited Office), EDH-3 (Economic
Development Hillsborough Limited Office with Residential), EDH-4 (Economic
Development Hillsborough Office), and EDH-5 (Economic Development Hillsborough
Office/Flex).
RURAL LAND USE CLASSIFICATIONS
RURAL BUFFER
Only very low density residential , agricultural uses exempt from zoning regulations,
and low-intensity agricultural support uses are appropriate in the Rural Buffer. The
applied zoning district is RB (Rural Buffer).
RURAL RESIDENTIAL
Identifies rural areas to be developed as low intensity and low density residential.
The applied zoning district is R-1 (Rural Residential).
AGRICULTURAL RESIDENTIAL
Agricultural activities and associated residential and commercial uses predominate.
The applied zoning districts reflect this primary land use and include: AR
(Agricultural Residential) and AS (Agricultural Services).
RURAL COMMUNITY ACTIVITY NODE
Identifies rural crossroads communities throughout the County where small scale
commercial activities serving the community and surrounding area are appropriate.
The applied zoning districts include: LC-1 (Local Commercial) and NC-2
(Neighborhood Commercial).
RURAL NEIGHBORHOOD ACTIVITY NODE
Identifies areas in the County where small scale commercial uses serving the
population in the surrounding area are appropriate. The applied zoning districts
include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial).
RURAL INDUSTRIAL ACTIVITY NODE
Identifies rural areas in the County where small scale industrial activities would be
appropriate. The applied zoning district is I-1 (Light Industrial).
OVERLAYS
PUBLIC INTEREST AREA
These lands are considered valuable for recreational and research purposes and are
afforded special treatment. The applied zoning district is PID (Public Interest
District).
42
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-3
ZONING DISTRICTS
RB
AR
R-1
R-2
R-3, R-4
R-5, R-8, R-13
LC-1
NC
-2
CC
-3
GC-4
EC-5
0/I
O/R
M
I-1
I-2
I-3
EI
EDB-1, EDB-2, EDE-1,
EDE-2, EDH-1,
EDH-2,
EDH-3, EDH-4,
EDH-5
AS
Spec
i
a
l
Z
o
n
in
g
O
verla
y
Dis
tric
t
PID
AS
E
-CZ
MP
D
-CZ
MHP-CZ
Land Use Classificatio ns &
Ov erlays
Tr
a
n
s
i
t
i
o
n
Chapel H ill Transitio n Permit Administration by Municipalities under the provisions of the Joint Planning Agreement-
Co ntac t appro priate Municipality for applicable Zoning Standards Carrbo ro Transitio n
10-Year Transitio n ♦ ♦ ♦ ♦ ♦ ♦ ♦
20-Year Transitio n ♦ ♦ ♦ ♦ ♦ ♦ ♦
Commercial Transitio n
Activ ity No de
♦
♦
♦
♦
♦ ♦ ♦ ♦
Co mmercial-Industrial
Transition Ac tiv ity
Node
♦
♦
♦
♦
♦
♦
♦
♦
♦ ♦ ♦
Ec ono mic Dev elo pment
Transitio n Ac tiv ity No de
♦ ♦ ♦
Rural
Rural Buffer ♦ ♦ ♦
Rural Residential ♦ ♦ ♦
Agricultural Residential ♦ ♦ ♦ ♦
Rural Co mmunity Ac tiv ity
Node
♦
♦
♦ ♦
Rural Neig hbo rhood
Activ ity No de
♦
♦
♦
Rural Industrial Ac tiv ity
Node
♦ ♦
Over
lay
Public Interest Area
♦
Amended 05-05-15
43
Proposed Amendments to Section 5.2, Table of Permitted Uses
EXISTING STANDARDS PROPOSED AMENDMENT
COMMERCIAL USES
Hotels & Motels Use currently not permitted in the O/I Zoning District Permitted by right in the in the modified O/RM Zoning District
Tourist Home Use currently permitted in the O/I Zoning District Removed as a permitted use in the modified O/RM Zoning District
MANUFACTURING, ASSEMBLY & PROCESSING
Industrial, Light Use currently not permitted in the O/I Zoning District Permitted by right in the in the modified O/RM Zoning District
Microbrewery, production only Use currently not permitted in the O/I Zoning District Permitted by right in the in the modified O/RM Zoning District
Winery, production only Use currently not permitted in the O/I Zoning District Permitted by right in the in the modified O/RM Zoning District
MEDICAL USES
Health Services (Over 10,000 Sq. Ft.) Use currently not permitted in the O/I Zoning District Permitted by right in the in the modified O/RM Zoning District
RESIDENTIAL USES
Dwelling; Multiple Family Use currently permitted by right in the O/I Zoning District Removed as a permitted use in the modified O/RM Zoning District
Family Care Home Use currently permitted by right in the O/I Zoning District Removed as a permitted use in the modified O/RM Zoning District
Group Care Facility Use currently permitted by right in the O/I Zoning District Removed as a permitted use in the modified O/RM Zoning District
Rooming House Use currently permitted by right in the O/I Zoning District Removed as a permitted use in the modified O/RM Zoning District
UTILITIES
Elevated Water Storage Tanks Use currently not permitted in the O/I Zoning District Permitted in the modified O/RM Zoning District with an approved
Class B Special Use Permit
MISCELLANEOUS
Research and Manufacturing Facility New use type to be permitted by right in the O/RM, I-1, I-2, and I-3
Zoning Districts.
At
t
a
c
h
m
e
n
t
4
44
DRAFT
1
SUMMARY NOTES 1
ORANGE COUNTY PLANNING BOARD 2
APRIL 6, 2016 3
ORDINANCE REVIEW COMMITTEE 4
5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7
MEMBERS PRESENT: Lydia Wegman (Vice Chair), At-Large Chapel Hill Township; Lisa Stuckey, Chapel Hill 8
Township Representative; James Lea, Cedar Grove Township Representative; Tony Blake, Bingham Township 9
Representative; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; 10
11
MEMBERS ABSENT: Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 12
Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham 13
Township; Patricia Roberts, Cheeks Township Representative; 14
15
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Ashley Moncado, 16
Special Projects Planner, Meredith Pucci, Administrative Assistant II 17
18
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 19
20
Lydia Wegman called meeting to order and introduced new member, Kim Piracci. 21
22
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – O/I 23
(OFFICE/INSTITUTIONAL) ZONING DISTRICT AND NEW PERMITTED USE TYPE 24
TO REVIEW AND COMMENT UPON PROPOSED AMENDMENTS TO THE UDO REGARDING 25
REVISIONS TO THE O/I (OFFICE/INSTITUTIONAL) ZONING DISTRICT AND ESTABLISHMENT OF A 26
NEW PERMITTED USE TYPE. 27
PRESENTER: ASHLEY MONCADO, SPECIAL PROJECTS PLANNER 28
29
Ashley Moncado reviewed abstract 30
31
Craig Benedict presented information on map 32
33
Tony Blake: So the part that would be OI or OI/RM is the green/gray place but not Buckhorn? And you would not 34
want residential in there at all? 35
36
Craig Benedict: The mixed use that we’re promoting in this we checked with economic development department, the 37
mixed use their interested in is employment centers and possibly retail but, there’s other land uses in the Efland area 38
that allow for multi-family and even single family. So, right now we want to protect our economic development zones 39
as much as possible for non-residential because if you allow a multi-family or a single family, which was allowed in 40
some of our other uses, if they happen to be the first proposals to come in and they were permitted by right in many 41
cases we most likely would allow them. And then when the business comes in we have residential people saying 42
they don’t want that business there, even though the intent of the economic development zone was for jobs. 95 43
percent of Orange County Planning jurisdiction allows residential, it’s only about 5 percent within our power to focus 44
on our economic development efforts, so we want to protect that from too much residential in that area. 45
46
Paul Guthrie: I have a basic question. How are you defining residential? I asked the question because I can think of a 47
circumstance when a business that this area would be useful to be in might very well want to have a residential 48
security manager or residential over-seerer for research or something like that where the residents would actually be 49
on-site. How would you handle a situation like that? 50
51
45
DRAFT
2
Craig Benedict: We could allow that as an accessory use. We’ve had mini warehouses where they wanted an on-site 52
resident and you could accommodate that as not a primary use but as an incidental and secondary use. And we can 53
make sure that’s allowed for big factories there might be some residential or over night component to it. 54
55
Paul Guthrie: It just occurred to me that if you barred that completely it could give you a problem. On the other hand, 56
if you allowed it then I think somebody could attack the whole principal on the basis. 57
58
Craig Benedict: We’re allowing hotels and motels, and someone might say that’s residential but that’s a commercial 59
use. 60
61
Michael Harvey: I would make the argument that’s not a residential land use. The principal use of the property would 62
be X and it’s up to the applicant to justify, “ I need this for this reason. “ and again I know we shouldn’t be fixating on 63
the examples but in that example that’s what I would say; that it’s not functioning as a residential development, there 64
is a component but it’s in support of the principal use which, let’s say, is this research manufacturing unit. 65
66
Lisa Stuckey: So if I drove through this, what would it look like? 67
68
Craig Benedict: These would be more of a corporate park but, corporate parks and business parks and industrial 69
parks have changed over the last 15-20 years. Our zoning, as evidence by office institutional, was very regimen. This 70
is where you put your Class A office building, and then somewhere else you put your warehouse, and somewhere 71
else you put your manufacturing, and somewhere else you have R&D. Now they don’t do that anymore, they put 72
everything in the same place. They’ll have their clean office, they’ll have their R&D Park they’ll put it all together. This 73
district will allow office, and research, manufacturing, and distribution. So, the buildings could be from 20,000 to 74
100,000 square foot. So you could see a few of those buildings in there that have multiple activities. And by the 75
secondary uses that are allowed means that somebody could come in with a business and say, “I don’t see enough 76
restaurants around here, how about if I bring as part of my master plan a Chili’s with me?” and that’s a bonus. When 77
we were looking at another retail site, Cabella’s, even though that was all retail they brought a hotel with them and a 78
restaurant. We’re definitely not having this as a retail focus, we’re listing this stuff as secondary uses in there so we 79
can keep that prime use as job based light industrial manufacturing. 80
81
Lydia Wegman: Have we heard of any companies that are interested in this particular kind of land use? Or this is just 82
to make us attractive to companies if one is interested? 83
84
Craig Benedict: This is just to make us attractive. When the candy factory came, they was designated Office 85
Institutional, and it did say manufacturing was okay… I’d say it’s a relatively small fix, as you were mentioning some 86
of the economic development zones, we need to go into there and take a look at the way the uses are fashioned in 87
there too. This is not for any specific… The next project that you’ll hear from Perdita Holtz, probably in the next month 88
or so, is in the Hillsborough Economic Development. Because we have a joint agreement with Hillsborough we’re 89
trying to align both our joint land uses and the zoning categories that can go within that land use. And right now, 90
they’re all over the place. 91
92
Tony Blake: I have a question. I read through this and I read the column and what it allows and accessory use and all 93
that stuff and I came down to the automotive/transportation and because I’m sort of passionate about the way we’re 94
doing our transit and thinking that BRT is a good rapid transit solution. I noticed that it would allow a bus passenger 95
shelter, which I view as one of these little cubicles by the side of the road, but not a bus terminal or garage. And Bus 96
Rapid Transit has a raised platform appeal, especially in an area where there’s a concentrated number of transit 97
people. Would that be allowed in this zone? 98
99
Craig Benedict: Well, we can make it. It does make sense. I think what they were thinking about was kind of a simple 100
city bus terminal, so we can make sure that our bus stops and level platforms and all stuff could be allowed. Because 101
we do have our bus service that is going very close to this zone, if not through it, and if we get some employment 102
concentrations we will modify that transit system. 103
104
46
DRAFT
3
Tony Blake: If you can. A lot of people live within walking distance, the least we could do is provide a good, raised 105
platform sort of transit. 106
107
Lisa Stuckey: What is raised platform? 108
109
Tony Blake: The big slam against buses versus light rail is light rail you board and you walk directly from the platform 110
onto the… without steps. But BRT actually has the ability to pull a bus in at a raised platform and where you are 111
walking directly onto the bus, the same way you would walk onto a light rail train. And it’s being deployed and it’s a lot 112
cheaper than light rail and more flexible. And the travel lane down Martin Luther King will actually be able to be used 113
for emergency vehicles as well. 114
115
Ashely Moncado continued with the presentation 116
117
James Lea: What would that do to the property owners? Would that raise their taxes? 118
119
Craig Benedict: No. The property taxes are based on the properties of a similar zoning category sell over time. So, 120
putting even sewer on a piece of property eventually would raise the value of it but changing the uses would not 121
automatically, until somebody determines that this new use list is better and therefore more valuable but, we’re a 122
couple years from where that would ever matriculate into higher values. 123
124
Lisa Stuckey: It leads to the potential of higher value, so higher taxes. 125
126
Paul Guthrie: It potentially… property is less and less areas available for residential, for example, outside of that 127
district if someone wanted to sell their house in that they would have, potentially, a sale of their house that would 128
raise as assess valuation in the next re-evaluation. 129
130
Craig Benedict: We have examined which districts have residential and then they can remain… If they sell their 131
residential property for office research manufacturing and they get more money for it at some point in the future, 132
they’d love that. 133
134
Paul Guthrie: But you can’t keep them from selling it for another residential person. 135
136
Craig Benedict: Probably not. 137
138
Paul Guthrie: This is a far out thing but we’re still in the area. I spent a good part of the afternoon reading about this 139
other thing, the Supreme Court case, and these are the kinds of things you start getting trouble with down the road. 140
141
Craig Benedict: One last thing about that, we addressed this in the Buckhorn EBB area. We asked the people if they 142
would like the zoning rollback to residential one that would allow the house to be reconstructed and burned down or 143
would you like it to remain Buckhorn District 2 that has higher value if you ever sell it, it was resounding to leave it 144
EBB 2. 145
146
Michael Harvey: One more thought in question when I read this. There’s a demand right now. There’s a lack of wet 147
lab space in the area and this talks about laboratories, not limited laboratories, prototype production, general facilities 148
but, wet labs sometimes have some pretty onerous stuff going on in them. Is there something that you would put in 149
here to protect that or restrict that or change that? Basically, this is something I can see where somebody would want 150
to come in and put in a wet lab and this thing they’re dealing with some kind of biological agent or something like that 151
and people go crazy, but it’s permitted by right and so I’m just trying to air on the side of caution here and define what 152
we’re really… 153
154
Craig Benedict: Two answers in there. There might be room to add something here. One is we tried not to legislate 155
water consumption, even though there are some provisions in some of our economic development zones that talk 156
about it, but it doesn’t say that if you use over 1 galloon per square foot we’re not going to allow you. So that’s one 157
47
DRAFT
4
element we try not to legislate uses by the water they use but, admittedly in all of our economic development zones 158
we have limitations on water use because there’s just not a lot of water. In Hillsborough there’s some water limitation, 159
also in Eno. The bigger restriction is the sewer outfall that comes from it, that’s where the restriction is. So with the 160
sewer element of it there are some pre-treatment requirements that al utility providers have. And we could note that 161
they must meet the environmental regulations of the utility. For example, Moronaga; there is a pre-treatment function 162
so there’s not high level organic matter that goes in the sewer that can create issues. 163
164
Michael Harvey: I guess I was asking; is that covered somewhere else? Or because we’re permitting this by right are 165
we leaving the door open for a big…? 166
167
Craig Benedict: I think either turn it into a policy, like a small area planning policy so that we have be aware in of that 168
and I agree if you have something permitted by right you better have some way to have it black and white; it’s okay 169
by the site plan or it’s not okay by the site plan. So, I’ll work with Michael and Ashley on that to see if there’s a way to 170
keep that in mind. 171
172
Michael Harvey: Also, remember that just because something is permitted by right, there are still regulatory 173
permitting processes that we may say we could use… But using this example, if a local utility or even the state says 174
you can’t do what you’re proposing in this manner. 175
176
Tony Blake: But given what’s going on in politics right now, relying on the EPA or the state for things like that might 177
not be the wisest. 178
179
Craig Benedict: The one area we may consider is some of those performance measurements. Vibration, glare, and 180
soot; maybe we could have some sort of ALF sewer… 181
182
Tony Blake: Yeah, or require them to contain whatever it is and dispose of it in some other way, elsewhere… What 183
I’m worried about is somebody is going to come in here and do something that’s potentially dangerous or harmful and 184
not be properly regulated. 185
186
Lydia Wegman: But as Michael says, the EPA or the state. They would have to have some kind of hazardous waste 187
disposal or incineration permit in order to do that. 188
189
Ashley Moncado continued presentation. 190
191
Craig Benedict: And the last thing, if you have any more comments on this or any of the other Board Members have 192
comments send them to Ashley and before the next meeting we’ll try to answer them. So feel free to send Ashley 193
some additional comments. 194
195
AGENDA ITEM 3: ADJOURNMENT 196
197
Meeting was adjourned by consensus. 198
48
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 2)
and proposed amendment package (Attachment 3) in time for the May 23, 2016
Quarterly Public Hearing.
49
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 6, 2016
Action Agenda
Item No. 8
SUBJECT: Unified Development Ordinance (UDO) Amendments – Secondary Uses
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form
2. Statement of Consistency
3. Proposed Amendments
4. Proposed Amendment Summary
5. Draft April 4, 2016 Ordinance Review
Committee Notes
Ashley Moncado, Planner II (919) 245-2589
Craig Benedict, Director (919) 245-2575
PURPOSE: To make a recommendation to the Board of County Commissioners (BOCC) on a
Planning Director initiated text amendment to the Unified Development Ordinance (UDO)
establishing and permitting secondary uses in the UDO.
BACKGROUND: Currently, the UDO allows for accessory uses that are defined as customary
and ancillary to the established principal use of a property in all zoning districts. For example, a
proposed gas station may include a car wash as a permitted accessory use and be permitted by
right in all applicable zoning districts. However, the UDO does not provide a similar by-right
review process for proposed developments which include uses that may not be defined or
viewed as customary or ancillary to the principal use. As a result, an office, research, and
manufacturing business park which includes a restaurant primarily serving onsite employees
could not be permitted by right in the O/RM zoning district. The O/RM zoning district is currently
named the O/I (Office/Institutional) zoning district, but a separate amendment has been
proposed to rename and modify the O/I zoning district. Instead the project would be required to
follow either the Master Development Plan Conditional Zoning District (MDP-CZ) process or
Conditional Use District process.
The purpose of this amendment is to establish secondary uses in the UDO and allow for specific
uses, currently not permitted in the O/RM zoning district, to operate as secondary uses.
Secondary uses are intended to primarily serve the needs of the business, facility, and
employees involved in the principal use, however, they would be permitted to serve the general
public therefore widening the demand market and strengthening the business model. These
uses will be conducted only in conjunction with a specific permitted principal use (Industrial
(Light), Research Facility, or Research and Manufacturing Facility) and be an incidental part of
the total activity that takes place within a cohesive project. As a result, additional uses will be
permitted in the O/RM district without overpowering the intended purpose of the district. In
addition, the amendment will allow for a more efficient review process for future mixed use
50
developments. Minor revisions to existing accessory use standards are also proposed for
clarification purposes.
The proposed amendment was previously included as part of a combined amendment package
with the O/I text amendments that are also on this Planning Board agenda. Following a
recommendation from the Orange County Attorney’s Office, Planning staff separated the original
amendment allowing for secondary uses to be presented as a second amendment package
because the concept of secondary uses could be applicable to other zoning districts in the
future. This amendment, in conjunction with the O/I text amendment, was approved as part of
the original amendment form at the March 22 BOCC meeting. The original, combined
amendment package was presented for review and comment at the April 4, 2016 Ordinance
Review Committee (ORC) meeting. Agenda materials from that meeting are available at
http://www.co.orange.nc.us/planning/planningboard.asp. Draft summary notes from this meeting
are included in Attachment 5. In addition, a public information meeting was held on April 20 to
review the proposed amendments and accept public comment. No concerns about the proposal
were expressed by attendees.
The Planning Department and Economic Development Departments have reviewed and
discussed these amendments and find they further joint goals.
Attachment 1 contains additional information and analysis regarding this amendment. Proposed
text amendment language can be found in Attachment 3 within a “track changes” format. The
table in Attachment 4 summarizes the proposed amendments to the Table of Permitted Uses.
These amendments are scheduled to be presented at the May 23 Quarterly Public Hearing.
Planning Director’s Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 2 and proposed amendment package contained in Attachment 3.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement were 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.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
RECOMMENDATION: The Planning Director recommends the Planning Board:
1. Review the proposed amendments,
2. Deliberate on the petition as desired,
3. Consider the Planning Director’s recommendation, and
51
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 2)
and proposed amendment package (Attachment 3) in time for the May 23, 2016
Quarterly Public Hearing.
52
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2016-09
Secondary Uses
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section 3.4, General Commercial Districts
Section 5.1.1, Prohibited Uses
Section 5.2, Table of Permitted Uses
Section 5.3, Application of Use Standards
Section 5.5, Standards for Residential Uses
Section 6.4, Performance Standards
Section 6.11, Outdoor Lighting
Section 10.1, Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment related to secondary uses. The purpose of this
amendment is to establish secondary uses in the UDO and allow for specific uses,
currently not permitted in the O/RM zoning district, to operate as secondary uses
Attachment 1 53
2
without overpowering the intended purpose of the district . A secondary use shall
primarily serve the needs of the business, facility, and employees involved in the
principal use, however, they will be permitted to serve the general public. These uses
will be conducted in conjunction with a principal use and be an incidental part of the
total activity that takes place within a cohesive project. Secondary uses will only be
permitted in the O/RM zoning district when the principal use type of the overall
project is Industrial (Light), Research Facility, or Research and Manufacturing
Facility.
2. Analysis
Currently, the UDO allows for accessory uses that are defined as customary and
ancillary to the established principal use of a property in all zoning districts. For
example, a proposed gas station may include a car wash as a permitted accessory
use and be permitted by right in all applicable zoning districts. However, the UDO
does not provide a similar review process for proposed developments that include
uses that may not be defined or viewed as customary or ancillary to the principal use.
As a result, an office, research, and manufacturing complex which includes a
restaurant primarily serving onsite employees could not be permitted by right in the
O/RM zoning district. Instead the project would be required to follow eit her the Master
Development Plan Conditional Zoning District (MDP-CZ) process or Conditional Use
District process.
The purpose of the amendment is to establish secondary uses in the UDO, allow for
specific uses to operate as secondary uses in the O/RM zoning district, and provide a
more efficient review of future mixed use developments. Minor revisions to existing
accessory use standards are also being proposed for clarification purposes.
The proposed amendment was previously included as part of a combined
amendment package with the O/I text amendments. Following a recommendation
from the Orange County Attorney’s Office, Planning staff separated the original
amendment allowing for secondary uses to be presented as a second amendment
package. This amendment, in conjunction with the O/I text amendment, was
approved as part of the original amendment form at the March 22 BOCC meeting.
The original amendment package was presented for review and comment at the April
4, 2016 Ordinance Review Committee (ORC) meeting.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 3: Economic Development Element - Section 3.5 Goals
Economic Development Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and
enhances high-quality employment opportunities for County residents.
Objective ED-1.5:
Identify barriers to development of desirable businesses and local businesses,
and mitigate these barriers.
Objective ED-2.1:
Encourage compact and higher density development in areas served by water
and sewer.
Chapter 5: Land Use Element - Section 5.6 Goals
Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
54
3
sufficient to meet the needs of Orange County’s population and economy
consistent with other Comprehensive Plan element goals and objectives.
Land Use Goal 1:
Fiscally and environmentally responsible, sustainable growth, consistent with the
provision of adequate services and facilities and a high quality of life.
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 4:
Land development regulations, guidelines, techniques and/or incentives that
promote the integrated achievement of all Comprehensive Plan goals.
Objective LU-1.1:
Coordinate the location of higher intensity / high density residential and non -
residential development with existing or planned locations of public
transportation, commercial and community services, and adequate supporting
infrastructure (i.e., water and sewer, high-speed internet access, streets, and
sidewalks), while avoiding areas with protected natural and cultural resources.
This could be achieved by increasing allowable densities and creating new
mixed-use zoning districts where adequate public services are available.
Objective LU-3.1:
Discourage urban sprawl, encourage a separation of urban and rural land uses,
and direct new development into areas where necessary community facilities and
services exist through periodic updates to the Land Use Plan. (See also
Economic Development Objective ED-2.8.)
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 22, 2016
b. Quarterly Public Hearing
May 23, 2016
c. BOCC Updates/Checkpoints
April 6 – Ordinance Review Committee (receive materials)
May 4 – Planning Board Recommendation (receive materials)
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
55
4
a. Planning Board Review:
April 6, 2016 – Ordinance Review Committee
May 4, 2016 – Recommendation to the BOCC
b. Advisory Boards:
The proposed amendments were on April 5, 2016. No comments
provided to the Economic Development have been received.
Advisory Board for review and comment
c. Local Government Review:
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing
e. Outreach:
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
Adoption of the proposed amendment will establish secondary uses and allow for the
review and permitting of these uses in the O/RM zoning district. As a result, mixed use
developments which include a principal use type of Industrial (Light), Research Facility,
or Research and Manufacturing Facility and permitted secondary uses will be permitted
by right on a parcel allowing for a faster review process than would currently be
required.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 3
General Public: A public information meeting was held on April 20, 2016 at
the Efland-Cheeks Community Center from 6:00 p.m. to
7:30 p.m. to review the proposed amendments and accept
public comment. Mailings were sent to property owners in
the county who own property zoned as O/I
(Office/Institutional) to inform them of the proposed
amendment. An e-mail was sent to Efland-area residents
who have previously attended meetings and provided and
e-mail address. Additionally, the Efland-Mebane Small Area
Plan Implementation Focus Group was notified of the
meeting. Eleven people attended the meeting. No
concerns about the proposal were expressed by attendees.
Small Area Plan Workgroup:
Other:
56
5
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado@orangecountync.gov
57
1
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) in order to establish and permit secondary 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.
c. The amendment is consistent with applicable plans because it:
1. Supports the following 2030 Comprehensive Plan goals and objectives:
Chapter 3: Economic Development Element
Economic Development Overarching Goal: Viable and sustainable
economic development that contributes to both property and sales tax
revenues, and enhances high-quality employment opportunities for County
residents.
Objective ED-1.5: Identify barriers to development of desirable businesses
and local businesses, and mitigate these barriers.
Objective ED-2.1: Encourage compact and higher density development in
areas served by water and sewer.
Chapter 5: Land Use Element
Land Use Overarching Goal: Coordination of the amount, location, pattern
and designation of future land uses, with availability of County services and
facilities sufficient to meet the needs of Orange County’s population and
economy consistent with other Comprehensive Plan element goals and
objectives.
Land Use Goal 1: Fiscally and environmentally responsible, sustainable
growth, consistent with the provision of adequate services and facilities and
a high quality of life.
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 4: Land development regulations, guidelines, techniques
and/or incentives that promote the integrated achievement of all
Comprehensive Plan goals.
Attachment 2
58
Objective LU-1.1: Coordinate the location of higher intensity / high density
residential and non-residential development with existing or planned
locations of public transportation, commercial and community services, and
adequate supporting infrastructure (i.e., water and sewer, high-speed
internet access, streets, and sidewalks), while avoiding areas with protected
natural and cultural resources. This could be achieved by increasing
allowable densities and creating new mixed-use zoning districts where
adequate public services are available.
Objective LU-3.1: Discourage urban sprawl, encourage a separation of
urban and rural land uses, and direct new development into areas where
necessary community facilities and services exist through periodic updates
to the Land Use Plan. (See also Economic Development Objective ED-2.8.)
d. The amendment is reasonable and in the public interest because it:
1. Reduces barriers for future mixed use projects while expanding economic
development opportunities in the county.
2. Balances economic suitability with orderly, compact growth.
3. Promotes mixed use development in appropriate areas of the county served
by water and sewer infrastructure which limits sprawl, protects the rural
environment, and lessens land use conflicts.
The Planning Board of Orange County hereby adopts this Statement of Consistency
and findings expressed herein.
______________________ ________________________
Lydia N. Wegman, Chair Date
59
UNIFIED DEVELOPMENT ORDINANCE AMENDMENT PACKET NOTES:
The following packet details the proposed text amendment regarding the establishment and
permitting of secondary uses. The amendment package will modify Sections 3.4, 5.1.1, 5.2,
5.3, 5.5, 6.4, 6.11, and 10.1 of the Unified Development Ordinance (UDO).
As the number of affected pages/sections of the existing UDO and Comprehensive Plan are
being modified with this proposal, staff has divided the proposed amendments into the
following color coded classifications:
Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO.
Black Strikethrough Text: Denotes existing text that staff is proposing to delete from the
UDO.
*: Denotes existing text that staff is proposing to delete from Section 5.2, Table of
Permitted Uses, of the UDO.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large “X” through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes
from previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed
for modification.
Please note that the page numbers in this amendment packet may or may not
necessarily correspond to the page numbers in the adopted UDO because adding text
may shift all of the text/sections downward.
Users are reminded that these excerpts are part of a much larger document that regulates land
use and development in Orange County. The full UDO is available online at:
http://orangecountync.gov/planning/Ordinances.asp.
.
Attachment 3
60
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-30
O/I1
OFFICE /
INSTITUTIONAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet)
R [1] None
NR
NR-CU 5,000
PURPOSE
Lot Width, min. (feet)
R
NR-CU None
The purpose of the Office/Institutional (O/IDistrict is to provide
locations for medium and high intensity office, service,
institutional, and residential land uses in areas where urban
services are available or are to be made available as part of the
development process. This district is intended to provide for
employment centers near transportation routes.
NR 50
Front Setback from
ROW, min. (feet)
R
NR - CU None
NR 25
Side Setback, min. (feet)
R None
NR 10 [2]
APPLICABILITY NR - CU None [2]
This district will usually be applied where the following conditions
exist:
1. Site is located in areas designated by the adopted
Comprehensive Plan as Commercial Transition Activity Node or
Commercial-Industrial Transition Activity Nodes.
2. W ater and sewer mains are existing at the site or are to be
made available during the development process.
Rear Setback, min.
(feet)
R None
NR 10 [2]
NR - CU None [2]
Height, max. (feet) 35 [3]
DIMENSIONAL STANDARDS NOTES:
[1] R = residential, NR = non-residential, CU = conditional use.
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Floor Area Ratio, max.
R - CU
NR .40
NR-CU .45
Required Open Space
Ratio, min. .55
Required Livability
Space Ratio, min. R-CU .52
Required Recreation
Space Ratio, min.
R .111
R-CU .114
Gross Land Area,
min./max.
(square feet)
R-CU 5,000/
none
NR-CU 200,000/
none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
O/I DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the O/I District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8). Additionally, non -residential uses are restricted based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land
use restrictions.
2. Secondary uses are permitted in the O/RM district when the principal use type of the overall project is
Industrial (Light), Research Facility, or Research and Manufacturing Facility. Secondary uses, as indicated
1 A separate text amendment has been proposed to change the name of the O/I zoning district to the O/RM zoning
district.
61
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-31
in Section 5.2, shall be limited to no more than 25% of the project’s square footage.
3. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non -residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in
the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
9. Normally, the maximum amount of land zoned to this district shall not exceed five acres.
10. The site shall be located near major transportation corridors and have access to adequate public roadway
network.
62
Orange County, North Carolina – Unified Development Ordinance Page 5-1
ARTICLE 5: USES
SECTION 5.1: ESTABLISHMENT OF USE REGULATIONS
Except as otherwise provided herein, regulations governing the use of land and structures are hereby
established as shown in the Table of Permitted Uses.
5.1.1 Prohibited Uses
Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section
5.2), as Permitted Principal Uses, Permitted Accessory Uses, Permitted Secondary Uses, or
Special Uses in a district are prohibited and shall not be established within that district.
5.1.2 Uses Permitted As a Matter of Right
Within all districts the following uses are permitted as a matter of right:
(A) Above ground and buried utility lines for local distribution of electricity, telephone, and
cable television service, accessory and appurtenant apparatus such as poles, guy wires,
transformers and switching boxes.
(B) Cabinetized telephone and/or fiber optic equipment associated with the local distribution
of services. Setbacks from the right-of-way for such equipment may be reduced to 20
feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts
provided that the equipment is screened from view by landscape materials.
(C) Bona fide farms.
(D) Buildings and other temporary structures used in connection with the construction of a
permanent building. (See Section 5.4.4).
(E) Neighborhood utility facilities located within a public right of way with the permission of
the owner of the right of way (State, City or Town).
(F) Off street parking as a required accessory use to a permitted use.
(G) Public and private streets and roads. Railroad rights of way.
(H) Water and sanitary sewer lines, gas and liquid fuel distribution lines.
(I) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary sewer pumping stations. (See Section 5.9.1).
(J) Electrical substations, switching and metering stations and associated transmission lines,
where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2).
(K) Solid waste collection facilities owned and operated by a public agency for the purpose of
disposal of household waste by Orange County residents. (See Section 5.11.1).
(L) Borrow pits (including reclamation by landfilling) associated with a State or Federal
highway project. (See Section 5.12.1).
5.1.3 Special Uses
(A) It is the intention of the Board of County Commissioners to create, and from time to time
amend, a list of Special Uses within the Table of Permitted Uses which, because of their
inherent nature, extent and external effects, require special care in the control of their
location and methods of operation.
(B) The Board of County Commissioners is aware of its responsibility to protect the public
health, safety and general welfare and believe that certain uses which now or in the
future may be included on this list are appropriately handled as Special Uses, subject to
review in relation to general and specific requirements, rather than as uses permitted by
right.
63
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-5
SECTION 5.2: TABLE OF PERMITTED USES
5.2.1 Table of Permitted Uses – General Use Zoning Districts
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) + Use may be permitted as a secondary use
AGRICULTURAL USES
Agricultural Processing Facility ~ * * * *
Agricultural Processing Facility, Community ^ * * * * * *
Agricultural Services Uses * *
Cold Storage Facility A * * *
Community Farmers’ Market ^ * * * * * * *
Composting Operation, no grinding A
Composting Operation, with grinding ~ A
Cooperative Farm Stand ^ * * * * *
Equestrian Center A
Farm Equipment Rental, Sales and Service ~ * * * * *
Farm Supply Store * * * * *
Feed Mill ~ * * *
Greenhouses with On Premises Sales ^ * * * * * *
Meat Processing Facility, Community ^ * * * * * *
Meat Processing Facility, Regional ~ A
Non-Farm Use of Farm Equipment ^ * * *
Stables, Commercial ~ B B B B B B
Stockyards / Livestock Markets ~ *
CHILD CARE & EDUCATIONAL FACILITIES
64
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-6
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) + Use may be permitted as a secondary use
Center in a Residence for 3 to 12 Children * * * * * * * * * * * * * *
Child Care Facilities B B B B B B B B B * * * * * *
Libraries * * * * *
Non-Profit Educational Cooperative A
Schools: Dance, Art & Music * * * * * *
Schools: Elementary, Middle & Secondary A A A A A A A A A A
Schools: Vocational * * * * *
Universities, Colleges & Institutes * * * * * *
COMMERCIAL USES
Banks & Financial Institutions * * * * * +
Beauty & Barber Shops * * * * * +
Country Store * * *
Drive In Theaters ~ *
Funeral Homes ~ * *
Garden Center * * * * *
Hotels & Motels ~ * *
Junkyards ~ A A A
Kennels, Class II ~ ^ B B B B B B
Laundry & Dry Cleaning Services * * * * * +
Massage, Business of * *
Microbrewery with Minor Events ^ B B B B B
Nightclubs, Bars, Pubs * * * +
Offices & Personal Services, Class 1 * * * * * * * * *
Offices & Personal Services, Class 2 * * * * * * *
65
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-7
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) + Use may be permitted as a secondary use
Offices & Personal Services, Class 3 * * * *
Repair Service Electronic & Appliance * * * *
Restaurants: Carry Out * * * * +
Restaurants: Drive In * * *
Restaurants: General * * * * +
Retail, Class 1 * * * * * +
Retail, Class 2 * * * *
Retail, Class 3 * *
Rural Guest Establishment: Bed & Breakfast ^ * * *
Rural Guest Establishment: Bed & Breakfast Inn
^ B B
Rural Guest Establishment: Country Inn ^ A A
Sexually Oriented Businesses * *
Storage of Goods, Outdoor ~ * * * *
Storage or Warehousing: Inside Building * * * * * *
Studio (Art) * * * * * * * *
Taxidermy ^ B * * * * *
Tourist Home * * * *
Wholesale Trade ~ * * * * * * *
Winery with Minor Events ^ B B B B B
EXTRACTIVE USES
Extraction of Earth Products ~ A A A A A
GOVERNMENTAL USES
Governmental Facilities & Office Buildings * * * * * * * * * * * * * * * * * *
66
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-8
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) + Use may be permitted as a secondary use
Governmental Protective Services (Police & Fire
Stations) Rescue Squads, Volunteer Fire
Departments
* * * * * * * * * * * * * * * * * *
Military Installations (National Guard & Reserve
Armory) ~ * * * *
MANUFACTURING, ASSEMBLY & PROCESSING
Assembly and Packaging Operations Including
Mail Order Houses, But Excluding On-Premises
Retail Outlets
* * * * *
Industrial, Heavy ~ *
Industrial, Light ~ * * * *
Industrial, Medium ~ * *
Microbrewery, production only ^ B B * * *
Printing & Lithography * * * + * * *
Sawmills ~ *
Winery, production only ^ B B * * *
MEDICAL USES
Health Services: Over 10,000 Sq. Ft. ~ *
Health Services: Under 10,000 Sq. Ft. * * * * *
Hospitals ~ * *
Veterinary Clinic B * * * * * *+ * * * *
Veterinary Clinic, mobile B B * * * * * *+ * * * *
Veterinary Hospitals * * * * * * *
RECREATIONAL USES
Botanical Gardens & Arboretums * * * * * * * * * * * * * * * * * * *
67
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-9
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) + Use may be permitted as a secondary use
Camp/Retreat Center B B B
Golf Driving and Practice Ranges B * * *
Parks, Public * * * * * * * * * * * * * * * * * *
Recreational Facilities B B B B B B B B B B B * * B * * *
Golf Course A A A A A A A A A A A A A A A A A
RESIDENTIAL USES
Dwelling; Mobile Home * * * * * * * * * * *
Dwelling; Multiple Family * * * * * * * * *
Dwelling; Single-Family * * * * * * * * * * * * *
Dwelling; Two-Family * * * * * * * * * * * *
Family Care Home * * * * * * * * * * * * * * *
Group Care Facility B B B B B B B B B B B B B B B
Rehabilitative Care Facility * * *
Residential Hotel (Fraternities, Sororities, and
Dormitories) ~ A A A A A
Rooming House * * * * *
TELECOMMUNICATIONS
Telecommunication Tower – Stealth (75 feet or
shorter) * * * * * * * * * * * * * * * * * * * * *
Telecommunication Towers (Over 75 feet and
under 200 feet) B B B B B B B B B B B B B B B B B B B B B
Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A
TEMPORARY USES
Buildings, Portable B B B B B B B B B B B B B B
68
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-10
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) + Use may be permitted as a secondary use
Temporary Mobile Home (Use during
construction/installation of permanent residential
unit and for 30 days following issuance of
Certificate of Occupancy)
* * * * * *
AUTOMOTIVE / TRANSPORTATION
Bus Passenger Shelter * * * * * * * * * * * * * * * * * * *
Bus Terminals & Garages ~ * * * *
Motor Freight Terminals ~ * * *
Motor Vehicle Maintenance & Repair (Body
Shop) ~ * * *
Motor Vehicle Repair Garage ~ * *
Motor Vehicle Sales / Rental (New & Used) * * * * * * *
Motor Vehicle Services Stations * * * * *
Parking As Principal Use, Surface or Structure * * *
Petroleum Products: Storage & Distribution ~ * * *
Postal & Parcel Delivery Services * * *
UTILITIES
Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B
Public Utility Stations & Sub-Stations, Switching
Stations, Telephone Exchanges, Water &
Sewage Treatment Plants
A A A A A A A A A A A A A A A A A A A A
Electric, Gas, and Liquid Fuel Transmission
Lines B B B B B B B B B B B B B B B B B B B
Water & Sanitary Sewer Pumping * * * * * * * * * * * * * * * * * * * *
Solar Array – Large Facility B B B B B B B B B B B B B B B B B B B
Solar Array – Public Utility A A A A A A A A A A A A A A A A A A A
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Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-11
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5) + Use may be permitted as a secondary use
WASTE MANAGEMENT
Landfills (2 Acres or More) ~ A A A A A A A
Landfills (Less Than 2 Acres) ~ B B B B B B B
Waste Management Facility; Hazardous & Toxic~ A A A
MISCELLANEOUS
Accessory Uses2 * * * * * * * * * * * * * * * * * * * * *
Airports, General Aviation, Heliports, S.T.O.L ~ A A A A A A
Assembly Facility Greater Than 300 * *
Assembly Facility Less Than 300 * *
Cemetery B * B B B B B B B
Church * * * * * * * * * * * * * * * * * * *
Clubs or Lodges; Social; Fraternal or Union
Clubhouses * * * * * * * *
Community Center B B B B B B B B B * * * *
Crematoria ~ * * *
Historic Sites Non-Residential/Mixed Use A A A
Kennels, Class I * * * * * *
Research Facility ~ * * * * * * *
Research Lands & Installations, Non-profit *
Rural Heritage Museum B B B B B
Rural Special Events ^ * * *
Special Events (Less than 150) * * *
2 Planning staff is proposing the removal of accessory uses from Section 5.2 since they are not intended as a principal use type.
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Article 5: Uses
Section 5.3: Application of Use Standards
Orange County, North Carolina – Unified Development Ordinance Page 5-28
SECTION 5.3: APPLICATION OF USE STANDARDS
5.3.1 In General
In addition to the general standards applied to uses in each zoning district and in accordance with
the Table of Permitted Uses, Sections 5.4 through 5.17 establish additional standards for specific
Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning
Districts. Principal use standards can be found in Section 6.2.5 and 6.2.6.3
5.3.2 Special Uses
(A) General Standards
Before any application for a Special Use Permit shall be approved:
(1) The applicant shall have the burden of establishing, by competent material and
substantial evidence, in the form of testimony, exhibits, documents, models,
plans and other materials, that the application meets the requirements for
approval of a Special Use; and
(2) The Board of County Commissioners or Board of Adjustment shall make written
findings certifying compliance with the specific rules governing such individual
Special Use and that the use, which is listed as a Special Use in the district in
which it is proposed to be located, complies with all required regulations and
standards including the following general conditions:
(a) The use will maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated
according to the plan as submitted;
(b) The use will maintain or enhance the value of contiguous property
(unless the use is a public necessity, in which case the use need not
maintain or enhance the value of contiguous property); and
(c) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located
and the use is in compliance with the plan for the physical development
of the County as embodied in these regulations or in the Comprehensive
Plan, or portion thereof, adopted by the Board of County Commissioners.
(B) Specific Standards
In addition to the general standards stated in Section 5.3.2(A), the following specific
standards shall be addressed by the applicant before the issuance of a Special Use
Permit:
(1) Method and adequacy of provision of sewage disposal facilities, solid waste, and
water.
(2) Method and adequacy of police, fire and rescue squad protection.
(3) Method and adequacy of vehicular access to the site and traffic conditions
around the site.
(4) Other use specific standards as set forth herein.
(C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD
In addition to the general and specific standards for all Special Use Permits, the following
standards shall be addressed by the applicant before the issuance of a Class A Special
Use Permit within the Hillsborough Economic Development District:
3 Planning staff is proposing the text above as a user friendly addition directing readers to other sections of the
UDO related to principal uses.
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Article 5: Uses
Section 5.3: Application of Use Standards
Orange County, North Carolina – Unified Development Ordinance Page 5-32
(iii) Landscape treatment shall be provided to enhance architectural
features, strengthen vistas and important visual corridors, and
provide shade.
(iv) Unity of design shall be achieved by repetition of certain plan
varieties and other materials and by correlation with adjacent
developments.
(v) Plant material shall be selected for its structure, texture, and
color for interest and for its ultimate growth. Use of native plants
is encouraged; others that will be hardy, harmonious to the
design, and of good appearance can be allowed.
(vi) Appropriate curbs, tree guards or other devices shall be
employed to protect plants susceptible to injury by pedestrian or
motor traffic.
(vii) Parking areas and trafficways shall be enhanced with
landscaped spaces containing trees or tree groupings.
(viii) Service yards and other unsightly places shall be screened by
use of walls, fencing and/or planting.
(g) Signs
(i) Every sign shall have appropriate scale and proportion in its
design and in its visual relationship to buildings and
surroundings. A unified signage plan shall be submitted and
approved with the Special Use Permit.
(ii) Every sign shall be designed as an integral architectural element
of the building and the site to which it principally relates.
(iii) The colors, materials and lighting of every sign shall be
harmonious with the building and site to which it principally
relates.
(iv) The number of graphic elements on a sign shall be held to the
minimum needed to convey the sign's major message and shall
be composed in proportion to the total area of the sign face.
(v) Freestanding signs shall not be pole-mounted.
(h) Maintenance, planning and design factors
(i) Materials and finishes shall be selected for their durability and
wear as well as for their beauty. Proper measures and devices
shall be incorporated for protection against the elements,
neglect, damage, and abuse.
(ii) Provisions for cleaning buildings and structures and control of
dirt and refuse shall be included in the design. Configurations
that tend to accumulate debris and dirt shall be avoided.
5.3.3 Accessory Uses4
(A) General Standards of Evaluation
(1) Accessory uses shall be conducted in conjunction with a permitted principal use.
(2) Accessory uses shall not be located in any required front yard and shall comply
with all dimensional and ratio standards for the district in which the accessory
use is located.
4 Currently located in Section 5.5.1. Staff has determined this is a more appropriate location.
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Article 5: Uses
Section 5.4: Standards for Temporary Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-33
5.3.4 Secondary Uses
(A) General Standards of Evaluation
(1) Secondary uses, as indicated in Section 5.2, shall be conducted in conjunction
with a permitted principal use.
(2) Permitted principal use types of the overall project in the O/RM zoning district
must be Industrial (Light), Research Facility, or Research and Manufacturing
Facility.
(3) Secondary uses shall be limited to no more than 25% of the project’s overall
square footage and shall be an incidental part of the total activity that takes place
within a cohesive project.
(4) Shall comply with all dimensional and ratio standards for the district in which the
secondary use is located.
SECTION 5.4: STANDARDS FOR TEMPORARY USES
5.4.1 Yard Sale
(A) General Standards for Evaluation
(1) Yard sales are permitted in accordance with the Table of Permitted Uses
provided that these sales do not exceed two days per month.
5.4.2 Temporary Fund Raising Activity
(A) General Standards for Evaluation
(1) Temporary fund raising activities are permitted in accordance with the Table of
Permitted Uses provided that these activities do not exceed two days per month.
5.4.3 Special Events
(A) Arts and Cultural Special Events
(1) All arts and cultural special events organized, conducted, and affiliated with a
501(c)(3) nonprofit organization or government entity, for example the annual
Orange County Open Studio Tour, shall be exempt from the special event review
and permitting process.
(B) General Standards of Evaluation
(1) The application shall include a written description of the type of event planned,
the number of participants for any single event, the frequency of the events, the
anticipated hours of operation, the potential dates for the events, and the method
and adequacy of sewage disposal, recycling and waste disposal, access,
parking, lighting, and signage;
(2) The plot plan shall be accompanied by written approval from the Orange County
Division of Environmental Health regarding the adequacy of the water-supply and
wastewater disposal;
(3) The plot plan shall have written approval from the Orange County Fire Marshal;
(4) The applicant shall submit a copy of notification sent to the Orange County
Sheriff’s Department stating the type of events, number of participants, date(s)
and hours of operation, and emergency contact information. A location map
must be attached to the notice provided to the Sheriff;
(5) Lot size shall be adequate to accommodate all proposed activities including safe
vehicular and pedestrian circulation;
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-35
(2) Prior to placement of the temporary residential mobile home on-site all applicable
state and local approvals and permits shall be procured, including but not limited
to a zoning compliance permit, building permits, and health department approval.
(3) The temporary residential mobile home must be removed within 90 days of
receipt of the certificate of occupancy for the on-site residence.
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 Uses5
(A) General Standards of Evaluation
(1) Accessory structures and uses, including recreational uses and amenities, shall
not be located in any required front open space yard 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.
5 Based on the proposed amendment, language related to accessory uses from Section 5.5.1 will be modified and
moved to Section 5.3.
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Article 6: Development Standards
Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-9
6.3.5 Recreation Space
(A) The minimum recreation space required shall not be less than the number of square feet
derived by multiplying gross residential land area by the recreation space ratio (RSR)
applying to the zoning district, as established in Article 3 of this Ordinance.
6.3.6 Pedestrian / Landscape Space
(A) The minimum pedestrian / landscape space shall not be less than the number of square
feet derived by multiplying gross land area by the pedestrian/landscape ratio (PLR)
applying to that zoning district, as established in Article 3 of this Ordinance.
SECTION 6.4: PERFORMANCE STANDARDS
6.4.1 Applicability
(A) After the effective date of this Ordinance, any use established or changed to, and any
building structure, or land developed, constructed or used for, any permitted principal
use, special use, or conditional use, shall comply with all of the performance standards
herein set forth for the district involved.
(B) The performance standards contained herein shall apply in commercial, industrial,
economic development, and conditional districts.
(C) If any existing use or building or other structure is extended, enlarged, or reconstructed,
the performance standards for the district involved shall apply with respect to such
extended, enlarged, or reconstructed portion or portions of such use, building, or other
structure.
(D) Within 24 months of the effective date of this Ordinance, all presently existing uses of
lands, buildings or other structures shall comply with the performance standards as
herein set forth for the district subject to performance standards.
6.4.2 Electrical Disturbance or Interference
(A) Commercial, Industrial, and Conditional Zoning Districts
No Permitted Use, Special Use, Conditional Use, or Accessory Use, or Secondary Use
shall:
(1) Create any electrical disturbance that adversely affects any operations or
equipment other than those of the creator of such disturbance; or
(2) Otherwise cause, create, or contribute to the interference with electronic signals
(including television, and radio broadcasting transmissions) to the extent that the
operation of any equipment not owned by the creator of such disturbance is
adversely affected.
(B) Economic Development Zoning Districts
(1) No use, activity or process shall be conducted which produces electric and/or
magnetic fields which adversely affect public health, safety, and general welfare
or interferes with the operation, equipment, or radio, television and/or telephone
reception, beyond the boundaries of the lot on which the activity is conducted.
(2) All establishments conducting uses, activities or processes which generate
electric and/or magnetic fields are expected to comply with applicable Federal
Communications Commission (FCC) regulations. Copies of all required FCC
permits, including any conditions for reporting and monitoring, must be submitted
with the comprehensive site development plan.
(3) In the Hillsborough Economic Development District, residential development shall
be discouraged near high voltage transmission lines.
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Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-10
6.4.3 Noise
(A) General Standards
(1) Sound levels shall be measured with an A-weighted filter, constructed in
accordance with the specifications of the American National Standards Institute,
which automatically takes account of the varying effect on the human ear of
different pitches.
(2) All measurements shall be expressed in dB(A) to reflect the use of this A-
weighted filter.
(3) Impact Noises
(a) Impact noises are sounds that occur intermittently rather than
continuously.
(b) Impact noises generated by sources that do not operate more than one
minute in any one hour period are permissible up to a level of 10dbA in
excess of the figures listed in Table 6.4.3.B. This exception shall not
apply from 7:00 pm to 7:00 am when the adjacent lot is used or zoned for
residential purposes.
(c) The impact noise shall be measured using the fast response of the
sound level meter.
(4) Noise levels resulting from temporary construction or other temporary activity that
occurs between 7:00 am and 7:00 pm shall be exempt from the requirements of
this subsection.
(5) Noise levels for the extraction of earth products and landfills shall be as set forth
in Sections 5.11 and 5.12.
(B) Commercial, Industrial, and Conditional Zoning Districts
(1) Within the LC-1, O-I, EI, or I-1 district, no permitted Principal Use, Special Use,
or Accessory Use, or Secondary Use shall generate noise that tends to have an
annoying or disruptive effect upon uses located outside the immediate space
occupied by that use.
(2) The following table establishes the maximum permissible noise levels for
permitted uses, special uses, conditional uses, and accessory uses, and
secondary uses in the NC-2, CC-3, GC-4, EC-5, AS, I-2, I-3, and CZ districts:
T ABLE 6.4.3.B: COMMERCIAL, INDUSTRIAL, AND CONDITIONAL ZONING DISTRICTS
MAXIMUM PERMITTED SOUND LEVELS
ZONING OF ADJACENT
LOT OR TYPE OF USE
IF CONDITIONAL OR
“OTHER” DISTRICT
ZONING OF DEVELOPMENT SITE
NOISE LEVEL LIMITS [DBA] FOR GENERATING LAND
USE
7:00 PM TO 7:00 AM 7:00 AM TO 7:00 PM
Residential
NC-2, I-2 [1] 50 60
CC-3, GC-4, EC-5,
I-3, AS, CZ Districts [2] 50 60
Commercial
NC-2, I-2 [1] 60 65
CC-3, GC-4, EC-5,
I-3, AS, CZ Districts [2] 65 70
Industrial
NC-2, I-2 [1] 65 70
CC-3, GC-4, EC-5,
I-3, AS, CZ Districts [2] 70 75
NOTES:
[1] Measurements shall be taken at the boundary line of the zoning lot.
[2] Measurements shall be taken at the boundary line of the zoning district.
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Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-12
(4) The values stated in Tables 6.4.4.B & 6.4.4.C may be multiplied by 2 for impact
vibrations.
(5) Vibrations resulting from temporary construction or other temporary activity that
occurs between 7:00 am and 7:00 pm shall be exempt from the requirements of
this subsection.
(6) Vibration levels for the extraction of earth products and landfills shall be as set
forth in Sections 5.11 and 5.12.
(B) Commercial, Industrial, and Conditional Districts
(1) No permitted Principal Use, Special Use, or Accessory Use, or Secondary Use in
LC-1, O/I, EI, or I-1 districts may generate transmitted vibration that is perceptible
to the human sense of touch, measured at the outside boundary of the structure
occupied by the use generating the vibration.
(2) No permitted Principal Use, Special Use, Conditional Use, or Accessory Use, or
Secondary Use in the NC-2, CC-3, GC-4, EC-5, I-2, I-3, and AS, and CZ districts
may generate any ground transmitted vibration in excess of the limits set forth in
the following table:
TABLE 6.4.4.B: COMMERCIAL, INDUSTRIAL, AND CONDITIONAL DISTRICTS MAXIMUM
PERMITTED GROUND-TRANSMITTED VIBRATION
ZONING OF ADJACENT
LAND USE ZONING OF DEVELOPMENT SITE
MAXIMUM PARTICLE VELOCITY FOR
GENERATING LAND USE (INCHES PER
SECOND)
Residential
NC-2 & I-2 [1] 0.02
CC-3, GC-4, EC-5, I-3, AS, &
CZ Districts [2] 0.20
Non-residential
NC-2 & I-2 [1] 0.10
CC-3, GC-4, EC-5, I-3, AS, &
CZ Districts [2] 0.20
NOTES:
[1] Measurements taken at the boundaries of the zoning district lot containing the use generating
the vibrations.
[2] Measurements taken at the zoning district boundaries
(C) Economic Development Zoning Districts
(1) Maximum Permitted Ground Transmitted Vibration
TABLE 6.4.4.C: MAXIMUM PERMITTED GROUND-TRANSMITTED VIBRATION
RECEIVING LAND USE MAXIMUM PARTICLE VELOCITY FOR GENERATING LAND
USE (INCHES PER SECOND)
Residential development 0.02
Non-residential development 0.10
(2) Mitigation
(a) Design features used to mitigate vibration must be clearly identified on
the site plan.
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Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-13
(b) Applicants must provide documentation of the source and level of
vibration, and the specific manner in which the design feature will reduce
vibration to acceptable levels.
6.4.5 Air Pollution
(A) General Standards
(1) Any Permitted Principal Use, Special Use, Accessory Use, Secondary Use, or
Conditional Use that emits any “air contaminant”, as defined in G.S. 143-213,
shall comply with applicable State of North Carolina standards concerning air
pollution, as set forth in Article 21B of Chapter 143 of the North Carolina General
Statutes.
(2) No zoning compliance permit or building permit shall be issued with respect to
any development covered by Subsection (1) until the State Division of
Environmental Management has certified to the Planning Director that the
appropriate State permits have been received by the applicant (as provided in
G.S. 143-215.108) or that the applicant will be eligible to receive such permits
and that the development is otherwise in compliance with applicable air pollution
control regulations.
6.4.6 Disposal of Liquid Wastes
(A) No permitted use in any district shall discharge any waste contrary to the provisions of
N.C.G.S. 130A (Provisions for Sanitary Sewage Disposal).
(B) No Permitted Principal Use, Special Use, Accessory Use, Secondary Use, or Conditional
Use in any district shall discharge into the OWASA, Durham or Hillsborough sewage
treatment facilities any waste that cannot be adequately treated by biological means.
6.4.7 Hazardous Materials
(A) General Standards
Each permitted use, special use, accessory use, secondary use, and conditional use is
required to comply with all applicable federal, state, and local rules and regulations
governing the storage, use, and disposal of hazardous materials.
(B) Additional Standards in Economic Development Districts
(1) Each site plan must be accompanied by a Hazardous Materials Management
Plan (HMMP) consisting of the following information:
(a) A Materials Safety Data Sheet (MSDS) which lists the specific hazardous
substances that a facility is handling and details its known health
impacts, physical properties, and appropriate protective measures. a
separate MSDS form must be submitted for each hazardous substance
handled.
(b) A Tier Two form which indicates the precise location and quantity of
hazardous materials within a plant or place of business.
(c) Building and site plans which indicate the precise location and quantity of
hazardous materials.
(2) An Environmental Assessment will be required for any use or facility which
qualifies as a small or large generator of hazardous waste as defined by the N.C.
Department of Environment and Natural Resources.
(3) Any use or facility which is involved in the long-term storage or disposal of
hazardous wastes will be required to submit a full Environmental Impact
Statement.
(4) Documentation must be provided as part of the HMMP confirming the following:
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Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-14
(a) That hazardous wastes are being sent to an approved hazardous waste
recycling, storage, treatment or disposal facility,
(b) That an EPAID number has been obtained,
(c) That only authorized transporters are used, and
(d) That on-site storage is limited to 180 days (or up to 270 days if the waste
is to be transported more than 200 miles).
6.4.8 Utilities
(A) Economic Development Districts
(1) Each permitted use, special use, and accessory use, and secondary use to be
served by a public or private water or sewer system must be:
(a) Designed, sized, and constructed to the standards of the utility provider;
and
(b) Assured of installation of such services at the time it is approved.
(2) Each MPD-CZ Master Plan and site plan must be accompanied by
documentation from the utility provider that it has reviewed and approved:
(a) Preliminary plans for the proposed water and/or sewer lines;
(b) The adequacy of the existing system(s) to which the connections(s) will
be made;
(c) The capacity of the existing water and sewer treatment facilities;
(d) The carrying capacity of the discharge stream or discharge point; and
(e) The method of funding proposed extensions of water and sewer lines.
(3) The approval by the utility provider must in the form of a resolution or other
agreement adopted by its board of directors or governing board and must also
contain a certification that service to the development project is authorized by
any water management plan and discharge permit in effect at the time of
approval.
(4) Installation
(a) The location and size of easements for water and/or sewer lines must be
approved by and dedicated in the form of a deed of easement to the
utility provider.
(b) Where cuts in existing streets are made for water and/or sewer work, all
cutting, backfilling, and paving shall be done in accordance with N.C.
Department of Transportation and/or municipal specifications and
procedures.
(5) Water Use Limitations
Because of the size or remaining excess capacity of treatment plants for some
utility providers, uses which require large quantities of water for manufacturing
and/or processing operations will require the review and approval of the Board of
County Commissioners as a Conditional Use District or CZ District in accordance
with the following:
(a) Applicants for approval of a comprehensive site development plan must
submit documented data for the proposed use or a comparable facility
which justifies the projected water consumption rates.
(b) If the projected water consumption rates exceed 30,000 gallons per day,
the applicant will be required to obtain development approval as a
Conditional Use District or CZ District as established in this Ordinance.
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6.4.9 Solid Waste
(A) MPD-CZ and Economic Development Districts
The following general provisions are applicable to MPD-CZ applications and each
permitted use, special use, accessory use, secondary use, and conditional use in
Economic Development Districts:
(1) All uses and activities must provide secure, safe, and sanitary facilities for the
storage and pickup of solid waste and recyclables. Such facilities must be
convenient to collection and must be appropriate to the type and size of use or
activity being served.
(2) All solid waste and recyclables storage facilities must be screened in accordance
with Sections 6.4 and 6.8. of this Ordinance.
(3) All uses and activities must remove recyclable materials from the solid waste
generated and make them available for recycling. Recyclable materials,
consisting of glass, metal cans, plastic containers, corrugated cardboard and
white office paper, newspapers, and motor oil, must not be mixed with or
disposed of with other solid waste.
(4) All uses and activities shall remove or cause to be removed all solid wastes from
the site or property before harborage of such waste creates a health hazard.
(5) Each Master Plan and site plan must be accompanied by Solid Waste
Management Plan, including a recycling plan and a plan for the management of
construction and land clearing debris. The recycling plan must provide
information regarding the type and quantity of recyclable materials generated
each month, and the facilities to be provided for collection and storage.
Management plans for construction and land clearing debris must identify the
type and quantity of debris as well as its disposal location.
6.4.10 Service & Outdoor Storage
(A) General Standards
(1) Building service and loading areas must be conveniently located and accessible
for normal service and maintenance needs, including the provision of adequate
turning radii and parking areas for service vehicles. Such areas are to be located
at the side or rear of the principal building(s), and designed so that all service
and loading operations occur within the confines of the building site.
(2) Outdoor storage shall be located only to the side and rear of a building. No
outdoor storage is permitted to the front of a building.
(3) If located adjacent to residentially zoned property, outside storage areas shall be
screened from view of the residentially zoned property and shall be located a
minimum of 100 feet from the property line.
(B) Additional Standards in Economic Development Districts
(1) Exterior storage for materials, supplies, and equipment may only be located at
the side or rear of a building and only in totally enclosed screened areas. Exterior
storage areas must never be located to the front of any building unless screened
from view through the use of fencing, walls and/or landscaping, in accordance
with Section 6.8 of this Ordinance.
(2) Ground level mechanical equipment such as air conditioning equipment, satellite
dishes, utility meters and boxes, and tower type antennas (15 feet or less in
height) must be screened from view through the use of landscaping, walls and/or
fencing.
80
Article 6: Development Standards
Section 6.11: Outdoor Lighting
Orange County, North Carolina – Unified Development Ordinance Page 6-77
(3) Any light fixture must be placed in such a manner that no lamp surface is visible
from any residential area or public/private roadway.
(B) Lighting for Vehicular Canopies
In addition to the general standards established in this Section, lighting for vehicular
canopies shall comply with the following standards:
(1) Areas under a vehicular canopy shall have a maximum point of horizontal
illuminance of 24 maintained foot-candles (fc). Areas outside the vehicular
canopy shall be regulated by Section 6.11.6.
(2) Acceptable lighting methods include one or more of the following:
(a) Recessed fixture incorporating a lens cover that is either recessed or
flush with the bottom surface (ceiling) of the vehicular canopy.
(b) Light fixture incorporating shields, or shielded by the edge of the
vehicular canopy itself so that light is restrained to five degrees or more
below the horizontal plane.
(c) Surface mounted fixture incorporating a flat glass that provides a semi-
cutoff fixture or shielded light distribution.
(d) Indirect lighting where light is beamed upward and then reflected down
from the underside of the vehicular canopy. Such fixtures shall be
shielded such that direct illumination if focused exclusively on the
underside of the vehicular canopy.
(C) Outdoor Sports Field/Outdoor Performance Area:
(1) Purpose and Intent
Outdoor sports field/performance area lighting serves a unique and specific
purpose. The goal of such lighting is to provide performers adequate light to
engage in approved activities at night and provide sufficient light levels allowing
spectators to witness the activity.
The goal of these regulations is to allow for reasonable development and use of
such lighting fixtures while attempting to mitigate potential ancillary impacts on
adjacent property owners.
(2) Standards
In addition to the general standards established in this Section, Outdoor Sports
Field/Outdoor Performance Area lighting shall comply with the following
standards:
(a) Outdoor Sports Field/Outdoor Performance Area lighting shall only be
allowed for those principal, and accessory uses, and secondary uses
needing such fixtures to properly function as intended during evenin g
hours.
(b) Maximum Height
(i) Within the urbanizing areas of the County, as defined herein,
there shall be a limit on the allowable height of such fixtures to
100 feet.
(ii) In rural areas of the County as defined herein, there shall be a
limit on the allowable height of such fixtures to 90 feet.
(c) All outdoor sports field and outdoor performance area lighting fixtures
shall be full cutoff fixtures and shall be equipped with a glare control
package (louvers, shields, or similar devices). If the manufacturer does
not have a glare control package, the fixture specification must be
changed to a manufacturer that offers one.
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-38
establishment shall not contain restaurant facilities, but may provide food service for transient
guests only. (Class B SUP)
C. Country Inn: A business, which offers accommodations and dining in a predominately rural area.
Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch
and dinner to guests and the general public. The number of guestrooms may range from four to
no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP)
Rural Heritage Museum
A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the
purpose of educating the public about the rural heritage of Orange County and surrounding areas.
Rural Industrial Activity Node
Land focused on designated road intersections which serves as a nodal crossroads for the surrounding
rural community and is an appropriate location for small-scale industrial uses which do not require urban
type services.
Rural Neighborhood Activity Node
Land focused on designated road intersections within a Rural or Agricultural Residential area that is
appropriate for small-scale commercial uses.
Rural Residential Land
Land in the rural areas of the County that is an appropriate location for low intensity and low density
residential development which are not dependent on urban services.
Rural Special Event
A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to
attract more than 20 people at any given time.
Salvage yard
Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether
industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery.
Saw Mill
A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood
products; not including the processing of timber for use on the same parcel of property.
Secondary Use
A use, identified in the Table of Permitted Uses, that primarily serves and supports the needs of a
permitted principal use, is conducted in conjunction with a permitted principal use , and is an incidental
part of the total activity that takes place within a cohesive project.
Semi-Cutoff Fixture
An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Septic System, Alternative
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
82
Proposed Amendments to Section 5.2, Table of Permitted Uses
EXISTING STANDARDS PROPOSED AMENDMENT
COMMERCIAL USES
Banks & Financial Institutions Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
Beauty & Barber Shops Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
Laundry & Dry Cleaning Services Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
Nightclubs, Bars, Pubs Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
Restaurants: Carry Out Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
Restaurants: General Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
Retail, Class 1 Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
MANUFACTURING, ASSEMBLY & PROCESSING
Printing & Lithography Use currently not permitted in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
MEDICAL USES
Veterinary Clinic Use currently permitted by right in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
Veterinary Clinic, mobile Use currently permitted by right in the O/I Zoning District Permitted as a secondary use in the modified O/RM Zoning District
At
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1
SUMMARY NOTES 1
ORANGE COUNTY PLANNING BOARD 2
APRIL 6, 2016 3
ORDINANCE REVIEW COMMITTEE 4
5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7
MEMBERS PRESENT: Lydia Wegman (Vice Chair), At-Large Chapel Hill Township; Lisa Stuckey, Chapel Hill 8
Township Representative; James Lea, Cedar Grove Township Representative; Tony Blake, Bingham Township 9
Representative; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; 10
11
MEMBERS ABSENT: Buddy Hartley, Little River Township Representative; Laura Nicholson, Eno Township 12
Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Maxecine Mitchell, At-Large Bingham 13
Township; Patricia Roberts, Cheeks Township Representative; 14
15
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor, Ashley Moncado, 16
Special Projects Planner, Meredith Pucci, Administrative Assistant II 17
18
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 19
20
Lydia Wegman called meeting to order and introduced new member, Kim Piracci. 21
22
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – O/I 23
(OFFICE/INSTITUTIONAL) ZONING DISTRICT AND NEW PERMITTED USE TYPE 24
TO REVIEW AND COMMENT UPON PROPOSED AMENDMENTS TO THE UDO REGARDING 25
REVISIONS TO THE O/I (OFFICE/INSTITUTIONAL) ZONING DISTRICT AND ESTABLISHMENT OF A 26
NEW PERMITTED USE TYPE. 27
PRESENTER: ASHLEY MONCADO, SPECIAL PROJECTS PLANNER 28
29
Ashley Moncado reviewed abstract 30
31
Craig Benedict presented information on map 32
33
Tony Blake: So the part that would be OI or OI/RM is the green/gray place but not Buckhorn? And you would not 34
want residential in there at all? 35
36
Craig Benedict: The mixed use that we’re promoting in this we checked with economic development department, the 37
mixed use their interested in is employment centers and possibly retail but, there’s other land uses in the Efland area 38
that allow for multi-family and even single family. So, right now we want to protect our economic development zones 39
as much as possible for non-residential because if you allow a multi-family or a single family, which was allowed in 40
some of our other uses, if they happen to be the first proposals to come in and they were permitted by right in many 41
cases we most likely would allow them. And then when the business comes in we have residential people saying 42
they don’t want that business there, even though the intent of the economic development zone was for jobs. 95 43
percent of Orange County Planning jurisdiction allows residential, it’s only about 5 percent within our power to focus 44
on our economic development efforts, so we want to protect that from too much residential in that area. 45
46
Paul Guthrie: I have a basic question. How are you defining residential? I asked the question because I can think of a 47
circumstance when a business that this area would be useful to be in might very well want to have a residential 48
security manager or residential over-seerer for research or something like that where the residents would actually be 49
on-site. How would you handle a situation like that? 50
51
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2
Craig Benedict: We could allow that as an accessory use. We’ve had mini warehouses where they wanted an on-site 52
resident and you could accommodate that as not a primary use but as an incidental and secondary use. And we can 53
make sure that’s allowed for big factories there might be some residential or over night component to it. 54
55
Paul Guthrie: It just occurred to me that if you barred that completely it could give you a problem. On the other hand, 56
if you allowed it then I think somebody could attack the whole principal on the basis. 57
58
Craig Benedict: We’re allowing hotels and motels, and someone might say that’s residential but that’s a commercial 59
use. 60
61
Michael Harvey: I would make the argument that’s not a residential land use. The principal use of the property would 62
be X and it’s up to the applicant to justify, “ I need this for this reason. “ and again I know we shouldn’t be fixating on 63
the examples but in that example that’s what I would say; that it’s not functioning as a residential development, there 64
is a component but it’s in support of the principal use which, let’s say, is this research manufacturing unit. 65
66
Lisa Stuckey: So if I drove through this, what would it look like? 67
68
Craig Benedict: These would be more of a corporate park but, corporate parks and business parks and industrial 69
parks have changed over the last 15-20 years. Our zoning, as evidence by office institutional, was very regimen. This 70
is where you put your Class A office building, and then somewhere else you put your warehouse, and somewhere 71
else you put your manufacturing, and somewhere else you have R&D. Now they don’t do that anymore, they put 72
everything in the same place. They’ll have their clean office, they’ll have their R&D Park they’ll put it all together. This 73
district will allow office, and research, manufacturing, and distribution. So, the buildings could be from 20,000 to 74
100,000 square foot. So you could see a few of those buildings in there that have multiple activities. And by the 75
secondary uses that are allowed means that somebody could come in with a business and say, “I don’t see enough 76
restaurants around here, how about if I bring as part of my master plan a Chili’s with me?” and that’s a bonus. When 77
we were looking at another retail site, Cabella’s, even though that was all retail they brought a hotel with them and a 78
restaurant. We’re definitely not having this as a retail focus, we’re listing this stuff as secondary uses in there so we 79
can keep that prime use as job based light industrial manufacturing. 80
81
Lydia Wegman: Have we heard of any companies that are interested in this particular kind of land use? Or this is just 82
to make us attractive to companies if one is interested? 83
84
Craig Benedict: This is just to make us attractive. When the candy factory came, they was designated Office 85
Institutional, and it did say manufacturing was okay… I’d say it’s a relatively small fix, as you were mentioning some 86
of the economic development zones, we need to go into there and take a look at the way the uses are fashioned in 87
there too. This is not for any specific… The next project that you’ll hear from Perdita Holtz, probably in the next month 88
or so, is in the Hillsborough Economic Development. Because we have a joint agreement with Hillsborough we’re 89
trying to align both our joint land uses and the zoning categories that can go within that land use. And right now, 90
they’re all over the place. 91
92
Tony Blake: I have a question. I read through this and I read the column and what it allows and accessory use and all 93
that stuff and I came down to the automotive/transportation and because I’m sort of passionate about the way we’re 94
doing our transit and thinking that BRT is a good rapid transit solution. I noticed that it would allow a bus passenger 95
shelter, which I view as one of these little cubicles by the side of the road, but not a bus terminal or garage. And Bus 96
Rapid Transit has a raised platform appeal, especially in an area where there’s a concentrated number of transit 97
people. Would that be allowed in this zone? 98
99
Craig Benedict: Well, we can make it. It does make sense. I think what they were thinking about was kind of a simple 100
city bus terminal, so we can make sure that our bus stops and level platforms and all stuff could be allowed. Because 101
we do have our bus service that is going very close to this zone, if not through it, and if we get some employment 102
concentrations we will modify that transit system. 103
104
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DRAFT
3
Tony Blake: If you can. A lot of people live within walking distance, the least we could do is provide a good, raised 105
platform sort of transit. 106
107
Lisa Stuckey: What is raised platform? 108
109
Tony Blake: The big slam against buses versus light rail is light rail you board and you walk directly from the platform 110
onto the… without steps. But BRT actually has the ability to pull a bus in at a raised platform and where you are 111
walking directly onto the bus, the same way you would walk onto a light rail train. And it’s being deployed and it’s a lot 112
cheaper than light rail and more flexible. And the travel lane down Martin Luther King will actually be able to be used 113
for emergency vehicles as well. 114
115
Ashely Moncado continued with the presentation 116
117
James Lea: What would that do to the property owners? Would that raise their taxes? 118
119
Craig Benedict: No. The property taxes are based on the properties of a similar zoning category sell over time. So, 120
putting even sewer on a piece of property eventually would raise the value of it but changing the uses would not 121
automatically, until somebody determines that this new use list is better and therefore more valuable but, we’re a 122
couple years from where that would ever matriculate into higher values. 123
124
Lisa Stuckey: It leads to the potential of higher value, so higher taxes. 125
126
Paul Guthrie: It potentially… property is less and less areas available for residential, for example, outside of that 127
district if someone wanted to sell their house in that they would have, potentially, a sale of their house that would 128
raise as assess valuation in the next re-evaluation. 129
130
Craig Benedict: We have examined which districts have residential and then they can remain… If they sell their 131
residential property for office research manufacturing and they get more money for it at some point in the future, 132
they’d love that. 133
134
Paul Guthrie: But you can’t keep them from selling it for another residential person. 135
136
Craig Benedict: Probably not. 137
138
Paul Guthrie: This is a far out thing but we’re still in the area. I spent a good part of the afternoon reading about this 139
other thing, the Supreme Court case, and these are the kinds of things you start getting trouble with down the road. 140
141
Craig Benedict: One last thing about that, we addressed this in the Buckhorn EBB area. We asked the people if they 142
would like the zoning rollback to residential one that would allow the house to be reconstructed and burned down or 143
would you like it to remain Buckhorn District 2 that has higher value if you ever sell it, it was resounding to leave it 144
EBB 2. 145
146
Michael Harvey: One more thought in question when I read this. There’s a demand right now. There’s a lack of wet 147
lab space in the area and this talks about laboratories, not limited laboratories, prototype production, general facilities 148
but, wet labs sometimes have some pretty onerous stuff going on in them. Is there something that you would put in 149
here to protect that or restrict that or change that? Basically, this is something I can see where somebody would want 150
to come in and put in a wet lab and this thing they’re dealing with some kind of biological agent or something like that 151
and people go crazy, but it’s permitted by right and so I’m just trying to air on the side of caution here and define what 152
we’re really… 153
154
Craig Benedict: Two answers in there. There might be room to add something here. One is we tried not to legislate 155
water consumption, even though there are some provisions in some of our economic development zones that talk 156
about it, but it doesn’t say that if you use over 1 galloon per square foot we’re not going to allow you. So that’s one 157
86
DRAFT
4
element we try not to legislate uses by the water they use but, admittedly in all of our economic development zones 158
we have limitations on water use because there’s just not a lot of water. In Hillsborough there’s some water limitation, 159
also in Eno. The bigger restriction is the sewer outfall that comes from it, that’s where the restriction is. So with the 160
sewer element of it there are some pre-treatment requirements that al utility providers have. And we could note that 161
they must meet the environmental regulations of the utility. For example, Moronaga; there is a pre-treatment function 162
so there’s not high level organic matter that goes in the sewer that can create issues. 163
164
Michael Harvey: I guess I was asking; is that covered somewhere else? Or because we’re permitting this by right are 165
we leaving the door open for a big…? 166
167
Craig Benedict: I think either turn it into a policy, like a small area planning policy so that we have be aware in of that 168
and I agree if you have something permitted by right you better have some way to have it black and white; it’s okay 169
by the site plan or it’s not okay by the site plan. So, I’ll work with Michael and Ashley on that to see if there’s a way to 170
keep that in mind. 171
172
Michael Harvey: Also, remember that just because something is permitted by right, there are still regulatory 173
permitting processes that we may say we could use… But using this example, if a local utility or even the state says 174
you can’t do what you’re proposing in this manner. 175
176
Tony Blake: But given what’s going on in politics right now, relying on the EPA or the state for things like that might 177
not be the wisest. 178
179
Craig Benedict: The one area we may consider is some of those performance measurements. Vibration, glare, and 180
soot; maybe we could have some sort of ALF sewer… 181
182
Tony Blake: Yeah, or require them to contain whatever it is and dispose of it in some other way, elsewhere… What 183
I’m worried about is somebody is going to come in here and do something that’s potentially dangerous or harmful and 184
not be properly regulated. 185
186
Lydia Wegman: But as Michael says, the EPA or the state. They would have to have some kind of hazardous waste 187
disposal or incineration permit in order to do that. 188
189
Ashley Moncado continued presentation. 190
191
Craig Benedict: And the last thing, if you have any more comments on this or any of the other Board Members have 192
comments send them to Ashley and before the next meeting we’ll try to answer them. So feel free to send Ashley 193
some additional comments. 194
195
AGENDA ITEM 3: ADJOURNMENT 196
197
Meeting was adjourned by consensus. 198
87
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 4, 2016
Action Agenda
Item No. 9
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Sign Regulations
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Outline Form
(UDO & Zoning 2015-01)
2. Statement of Consistency
3. Proposed UDO Text Amendment
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
James Bryan, County Attorney (919) 245-2319
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on text amendments to the Unified Development Ordinance (UDO) initiated by the
Planning Director modifying existing sign regulations.
BACKGROUND: As the Board is already aware, staff has been working on amendments to
existing sign regulations for approximately 1 year focusing on expanding advertising needs for
non-residential development on larger parcels, establishing uniform standards for digital
signage, and ensuring consistency with the recent Reid versus Town of Gilbert US Supreme
Court decision. Please refer to Section B of Attachment 1 for more background information.
At the recommendation of the County Attorney’s office, amendments designed to address the
impacts of the aforementioned US Supreme Court decision will not be included as part of this
package. As a result the amendment package contained within Attachment 3 does the
following:
1. Eliminates superfluous sign regulations contained in Section(s) 5.5.4 and 5.5.6 of the
UDO;
2. Corrects identified grammatical errors and contradictory language in Section(s) 6.12.1
and 6.12.3;
3. Establishes standards defining what constitutes an electronic scrolling message sign in
Section 6.12.6; and
4. Recommends the adoption of new standards allowing for larger signage within specific
non-residential zoning districts based on the size and road frontage of a parcel of
property.
The Attorney’s office needs more time to review and discuss the impacts of the Gilbert court
case before proceeding with a comprehensive amendment package.
88
The revised amendment package is scheduled to be presented at the May 23, 2016 quarterly
public hearing.
Planning Director’s Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 2 and proposed amendment package contained in Attachment 3.
FINANCIAL IMPACT: 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. Review the proposed UDO amendments,
2. Deliberate on the amendments as desired,
3. Consider the Planning Director’s recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 2)
and proposed amendment package (Attachment 3) in time for the May 23, 2016 quarterly
public hearing.
89
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-01
UDO Text Amendment(s) clarifying allowable sign area.
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 1. Section 6.12 Signs and
2. Article 10 Definitions.
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to modify existing regulations governing allowable
signage.
Current regulations do not offer a suitable distinction between various types of
commercial development allowing for a sign of suitable size to accommodate a non-
Attachment 1 90
residential project on a larger parcel of property.
The amendment was previously also attempting to revise existing regulations to
address a US Supreme Court decision. After reviewing the issue with the County
Attorney’s office, work these revisions will be delayed to afford additional review time.
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’.
There has been an increase in inquires and interest with respect to development of
large-scale commercial operations within the County.
Current sign regulations limit the total allowable square footage for freestanding and
wall signs for most non-residential general use zoning districts to 32 square feet (8
feet by 4 feet in size) regardless of the property’s location, size of parcel, or amount
of road frontage. The ‘one-size fits all’ sign limit may, in fact, be a deterrent to non-
residential development.
There is also a noticeable lack of clarity within the UDO addressing what constitutes
a blinking/flashing sign, or digital signage with scrolling messages, leading to
enforcement concerns.
The amendments are necessary to address current concerns over advertising needs for
non-residential development on larger parcels within the County and clarify the prohibition
on the use of blinking/flashing signage by incorporating new definitions into the UDO.
As the Board is aware from past discussion, recent court decisions impact the
County’s sign regulations. In the Reid versus Town of Gilbert US Supreme Court
case, the court found sign regulations cannot be seen as allowing/disallowing a sign
based on its content. For more information on the case and its potential impacts
please refer to the following: http://canons.sog.unc.edu/?p=8167.
While work had commenced on amendments designed to address the impacts of Gilbert,
the Attorney’s office has recommended additional time be allotted to the review and
processing same. Staff will be bringing forward a new Amendment Outline Form in the
near future outlining the timeline for completion and review of these revisions but is
proceeding with an amendment package to address the concern(s) detailed herein.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
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
Proposed amendments are designed to offer clarity on existing regulations and
expand advertising opportunities for large parcels of property. Future amendments
will be necessary to address the impacts of the Reed versus Town of Gilbert US
Supreme Court case.
91
a. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
January 22, 2015 – The BOCC authorized staff to proceed with the amendment.
b. Quarterly Public Hearing
May 23, 2016
STAFF COMMENT: This item was originally intended for presentation at
the February 19, 2015 Quarterly Public Hearing, which was cancelled due
to weather.
Further delays were the result of various court proceedings. For more
information on recent court decisions relating to sign regulations please
refer to the following: http://canons.sog.unc.edu/?p=8167.
c. BOCC Updates/Checkpoints
January 22, 2015 – Approval of Amendment Outline form authorizing staff to
proceed with project.
April 1, 2015 Ordinance Review Committee (ORC) meeting (BOCC received
materials).
December 2, 2015 Ordinance Review Committee (ORC) meeting (BOCC
received materials).
STAFF COMMENT: this item was pulled from the ORC agenda the day of
the meeting.
March 2, 2016 –Planning Board meeting (BOCC received materials).
April 6, 2016 –Planning Board meeting (BOCC received materials).
May 4, 2016 – Planning Board meeting (BOCC receives materials).
May 23, 2016 – Public Hearing.
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:
January 26, 2015 – Planning Board members were e-mailed the amendment
packet for initial review and comment.
92
April 1, 2015 – ORC. During this meeting the following comment(s) were made:
• A Board member asked if digital signs were dangerous?
STAFF COMMENT: Staff believes digital signs pose several issues for
motorists due to the frequency of the sign’s message being changed as
well as the incorporation of a scrolling message. We believe they
represent a distraction as motorists are frequently looking at the sign to
see the next advertisement.
• A Board member asked how portable signs are addressed.
STAFF COMMENT: Portable signage is addressed in Section 6.12.6 of
the UDO and are specifically banned.
• A Board member asked what constituted a snipe sign.
STAFF COMMENT: As detailed in Article 10 Definitions of the UDO a
snipe sign is a small sign advertising services (i.e. ‘We Buy Houses’) or
off-site signage advertising homes for sale.
December 2, 2015 – ORC. This item was pulled from the ORC agenda as staff
was still working to address comments from the Attorney’s office.
March 2, 2016 – Planning Board meeting. During this meeting the following
comment(s) were made:
• A Board member observed that gas stations are using TV’s and interactive menu
screens for advertising and asked if they would be included as part of proposed
sign allotments.
STAFF COMMENT: Such devices would be counted as part of a properties
sign allotment.
• A Board member asked if the proposed amendments would prohibit flashing or
blinking lights as part of a sign?
STAFF COMMENT: Section 6.12.6 Prohibited Signs contains language
prohibiting flashing, blinking, moving, or pulsating signage.
• A Board member asked if real estate signs would still be allowed.
STAFF COMMENT: Real estate signs advertising the sale of property are still
allowed.
• A Board member asked if the County could still regulate billboards.
STAFF COMMENT: We can still regulate the location of billboards (i.e.
limiting them to specific zoning districts) we just cannot regulate their content.
• A Board member asked how special event signs would be handled.
STAFF COMMENT: The allowance of such signage is based on the
underlying zoning of the property. Such signage is prohibited on residential
property.
• The Planning Director asked if farms are exempt from sign regulations?
STAFF COMMENT: As farms are exempt from zoning regulations they would
93
be exempt from sign regulations.
• A Board member asked if the proposed sign regulations will be enforceable in
public rights-of-ways?
STAFF COMMENT: The County does not have enforcement authority within
rights-of-way maintained by the State.
April 6, 2016 – Review and recommendation. The Board delayed action until the
County Attorney’s office had completed its review.
May 4, 2016 – Review and recommendation.
b. Advisory Boards:
N/A
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement published in accordance with the provisions of the UDO.
e. Outreach:
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
b. AMENDMENT IMPLICATIONS
The amendment will allow for larger freestanding and wall signs for projects where there
is adequate road frontage necessitating the development of additional advertising space
and clarify what constitutes a blinking/flashing sign to aid in enforcement efforts.
c. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
General Public:
Small Area Plan Workgroup:
Other:
94
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
95
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to modify existing sign regulations.
The Planning Board finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
Land Use Goal 6: A land use planning process that is transparent, fair,
open, efficient, and responsive.
c. The amendment is reasonable and in the public interest because it:
1. Clarifies regulations governing the use of electronic displays on signage.
2. Provides additional sign area for non-residential projects on larger parcels.
3. Eliminates identified contradictory sign regulations.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
______________________ ________________________
Lydia N. Wegman, Chair Date
Attachment 2
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Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-40
f. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.4 Mobile Home Parks
(A) Standards for MHP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes, as defined by this Ordinance, the following
accessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the mobile home
park in which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the mobile home park in which they are located.
(e) Storage buildings for individual mobile home spaces and intended for the
exclusive use of the occupants of the mobile home space.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes already located on approved and established
mobile home stand spaces.
(2) Mobile Home Stand Space Requirements
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(a) A mobile home park shall be divided into mobile home spaces, each
having an area of at least 5,000 square feet and a minimum width of at
least 50 feet. However, the Orange County Health Department may
increase the minimum area requirements for the park and/or individual
stand spaces where necessary to be consistent with groundwater
resources and/or the limitations of providing sewage disposal systems
for the proposed mobile home park.
(b) Only one mobile home and its customary accessory buildings may be
erected on any mobile home stand space at one time.
(3) Mobile Home Stand Requirements
Each mobile home must be placed on a permanent stand in accordance with the
following specifications:
(a) The location of each mobile home stand must be at an elevation,
distance and angle in relation to the adjacent access drive or street such
that placement and removal of the mobile home is practical by means of
customary moving equipment.
(b) The surface of each mobile home stand and the area around it shall be
graded where necessary to provide proper drainage and prevent the
accumulation of water.
(c) Each mobile home stand shall have a solid base surface consisting of at
least three inches of compacted fill dirt, crusher run or Chapel Hill gravel,
or paved slab, and it shall comply with those standards specified in the
State of North Carolina Regulations for Mobile Homes and Modular
Housing. Prior to installation of the base surface, all top soil shall be
removed from the area to be occupied by the mobile home stand.
(4) Separation Requirements
The following separation requirements shall pertain to every mobile home, single
or double wide, within a mobile home park.
(a) Each mobile home shall be located at least 20 feet from another mobile
home and/or building within the mobile home park, external to the
individual mobile home stand space. For purposes of determining
separation requirements, all attached structures, including storage
buildings, carports and covered porches, will be considered part of a
mobile home.
(b) Each mobile home shall be located at least 22 feet from the right of way
line or edge of pavement of an access drive or street providing access to
the space on which the mobile home is located, whichever is greater.
(c) A detached accessory structure located within an individual mobile home
stand space and intended for the use of the occupants of the space shall
be located at least five feet from any mobile home or other building.
(5) Installation of Individual Mobile Homes
(a) Each mobile home shall be set up and installed in accordance with
standards specified in the State of North Carolina Regulations for Mobile
Homes and Modular Housing.
(b) The owner/operator of a mobile home park shall designate a uniform
type of solid foundation enclosure or skirting fully enclosing the crawl
space beneath each mobile home in the mobile home park. Foundation
enclosures or skirting must be installed in accordance with applicable
standards of the North Carolina State Building Code and, in any event,
within 90 days of placement of a mobile home on a mobile home space.
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(c) Access shall be provided to all entrances of a mobile home by way of
steps (including handrails) installed in accordance with the standards of
the North Carolina State Building Code. Where the residents of a mobile
home choose to install decks adjacent to entrances, the mobile home will
be required to have steps and handrails which meet the standards of the
North Carolina State Building Code until the decks are completed.
(6) Vehicular Access
(a) Each mobile home space shall abut an improved access drive or street
approved by the County.
(b) No mobile home space shall have direct vehicular access to a street or
thoroughfare other than those located within the mobile home park.
(c) The street layout within the mobile home park should be appropriately
related to the topography, locations of abutting land uses, drainage
patterns, street function and other natural features of the site.
(d) The planned layout of streets should minimize overall length of streets
and provide for the safe, continuous flow of traffic within the mobile home
park.
(e) All streets within a mobile home park shall be located within a 40 foot
right of way
(f) The travelway for all streets shall be at least 18 feet in width and must
comply with the drainage standards established in this Ordinance.
(g) All streets shall be constructed with paved, all-weather surfaces
consisting of four inches of base material (crusher run) and 1 ½ inches of
1 2 asphalt or tar and gravel surface treatment consisting of a minimum
of six inches of base material (crusher run) covered with alternating
layers of tar and pea sized gravel.
(h) Every street within a mobile home park shall have a maintained six foot
wide shoulder running parallel and adjacent to each side of the paved
street surface. The shoulder section may be used for walkways,
driveways, grass or low growing vegetative ground cover or utility rights
of way.
(i) The maximum length of a cul-de-sac shall be 800 feet. Cul de sacs shall
have a paved turnaround radius of 45 feet with a right of way radius of 55
feet.
(j) No street shall intersect another street at an angle less than 60 degrees.
(k) The turning radius at street intersections shall not be less than 30 feet.
(l) Offset intersections are to be avoided, but where permitted, they shall be
separated by a minimum distance of 200 feet between street center
lines.
(m) Where streets serving a mobile home park intersect with a State
maintained street, the intersection design shall conform to the standards
of the North Carolina Department of Transportation specified in
Subdivision Roads Minimum Construction Standards.
(n) Required off street parking spaces must be surfaced with at least four
inches of compacted crushed stone or an all weather paved surface.
(7) Signs
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(a) There shall be no more than one double faced sign per park entrance
announcing the name of the mobile home park, limited to 16 square feet
in area with the top of such sign no higher than ten feet above ground
level. In addition to the name of the mobile home park, such signs shall
identify the name of the park owner/manager and his or her phone
number.1
(b)(a) Any sign erected on-site shall comply with the standards established in
Section 6.12 of this Ordinance.
(c)(b) Traffic control signs (stop, yield, speed limit, children playing signs, etc.)
meeting the standards of the Uniform Traffic Control Manual shall be
placed throughout the mobile home park where necessary. Cul-de-sacs
shall have ‘Dead End’ street signs erected at the entrance to such
streets.
(8) Street Names, Signs & Unit Numbering
(a) All street names shall be approved by the Orange County Planning
Department and street signs shall be constructed to Orange County
standards. All street signs must be installed outside the right-of-way at
all intersections.
(b) Each applicant must submit to the Planning Department for approval a
mobile home space numbering/location system for the park, based on
the equal interval house numbering system employed by Orange County.
Upon approval of the mobile home park, the applicant shall submit an
approved copy of the space numbering/location system to the
emergency services/fire protection agency responsible for providing such
services to the Mobile Home Park.
(c) Each mobile home stand space shall have a permanent site number sign
consistent with the following:
(i) The site number sign shall be composed of reflective materials
or contrasting colors,
(ii) The number on the sign shall be at least six inches or greater in
height,
(iii) The sign shall be affixed to the mobile home when the unit is
placed on the stand space, at a point six feet or more above
ground level, and
(iv) The number on the sign shall match that number assigned to the
space on the approved space numbering/location system plan.
(9) Grounds and Buildings
(a) The grounds of a mobile home park shall be maintained free of litter,
debris and trash, including but not limited to abandoned appliances,
automobiles, building materials or similar materials.
(b) Grounds, buildings and storage areas within the mobile home park shall
be maintained to prevent the growth of ragweed, poison ivy, poison oak
and other noxious weeds.
(10) Mail Facilities
1 There are already regulations governing the erection of mobile home park identification signs in Section 6.12.11.
The language in subsection (a) is superfluous and is being eliminated.
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Section 5.6: Standards for Commercial Uses
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(2) Outdoor storage of bulk goods shall be located to the rear or side of the primary
building and screened on three sides by an eight foot high opaque wall or fence.
(3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of
the zoning lot.
5.6.4 Junkyards
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Detailed plans and specifications for the site screening proposed.
(b) Description of type and number of motorized machines to be employed
upon site.
(c) Indicate on the site plan the extent of area to be used for the storage of
junked or wrecked motor vehicles
(2) Standards for Evaluation -
(a) The site shall be screened from adjacent property by a minimum of an
eight foot high solid fence or equal, uninterrupted except for required
vehicle access points.
(b) No materials shall be stored closer than 50 feet to the public right of way
or 30 feet to the property lines.
(c) Site is of adequate size to protect adjacent properties from adverse
effects of the junkyard.
5.6.5 Kennels (Class II)
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Plans for all kennels, exercise yards, dog runs, pens and related
improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation –
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel.
(b) No part of any building, structure, dog run, pen, or exercise yard in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
kennel.
(i) The 150 foot setback established by this section shall not apply if
all portions of the facility, in which animals are housed, are
wholly enclosed within a building.
(ii) For Class II Kennels developed within the EDE-2 zoning district,
this setback shall not apply to dog training activities where each
dog is under the immediate control of its trainer, owner, or other
responsible individual.
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(iii) For Class II Kennels developed within the EDE-2 zoning district,
all buildings, structures, dog runs, pens, or exercise yards in
which animals are housed or exercised shall observe the
principal setbacks established within Section 3.7 of the UDO in
those instances where the property abuts other EDE-2 zoned
property and US Highway 70.
(c) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height.
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
the Orange County Animal Services Department prior to issuance of any
building permits.
(g) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign All proposed
signage shall comply with dimensional requirements as set forth within
this OrdinanceSection 6.12.2
(h) A Class II Kennel Permit shall be obtained from Orange County Animal
Services within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
5.6.6 Rural Guest Establishment: Bed & Breakfast
(A) General Standards
(1) Submittal Requirements
(a) A site plan, prepared in accordance with the requirements of Section 2.5,
containing the following: (Per Section.2.5.2 professional design and
certification is not required for Rural Guest Establishments with three
guestrooms or less—bed & breakfasts.)
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site.
(iv) Location of well and septic system.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
2 Again staff is eliminating contradictory language establish sign regulations inconsistent with Section 6.12.
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Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-79
It is the intent of this section to require minimum light levels during established business
hours or in those instances where members of the general public will be on-site to ensure
public safety.
(B) Pedestrian walkways and plazas must be lighted and fixtures mounted at a lower height
for security and to create an inviting pedestrian environment.
(C) Accent lighting must also be provided to illuminate such key locations as building and
driveway entries, and activity areas.
(D) Lighting for the purpose of illuminating landmarks and unique features of the site is also
encouraged.
(E) All light fixtures are to be concealed source fixtures except for pedestrian-oriented accent
lights.
(F) Security lighting fixtures or floodlights must not project over the fascia or roof line of the
building(s).
(G) Parking area and driveway fixtures should be mounted at or below a maximum height of
25 feet above the surface of the parking area or driveway.
(H) The design of light fixtures and structural supports must be compatible with the
architecture of the principal building(s) and identification signs.
(I) Where building faces are illuminated, lighting fixtures must be integrated within the
architectural design of the buildings.
(J) Ground-mounted lighting fixtures must be weather-proof and vandal resistant.
(K) Hillsborough EDD
In addition to the standards established above, the following standards shall apply within
the Hillsborough EDD:
(1) Lighting must be high efficiency lighting systems and lighting levels must be
reduced during non-use hours to promote energy conservation.
(2) 12:1 minimum/maximum glare ratio.
(3) Maximum footcandles = 80
SECTION 6.12: SIGNS
6.12.1 Purpose and Intent
The purpose of this Section is to regulate the type, placement and physical dimensions of all
signs in the interest of public health, safety and welfare, while recognizing the their need for signs
within the business community.3
It is the intent of this section to regulate signs on a per lot basis in conjunction with the zoning
designation of the lot as described on the current tax roll official Zoning Atlas4 weather whether 5a
sign is directly visible from a street right-of-way or not.
3 This language was a ‘holdover’ from the old zoning ordinance. Signs are allowed throughout the County for
various reasons having nothing to do with the ‘business community’. The language is unnecessary and is being
recommended for deletion.
4 The ‘current tax roll’ has nothing to do with designating the zoning of a parcel of property. Language is being
modified to identify the correct document containing same.
5 Correcting a spelling error.
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6.12.2 Outdoor Advertising
The provisions of this Article establish standards and review criteria relating to the location,
erection, maintenance, lighting, setbacks, and use of signs. This includes regulations pertaining
to outdoor advertising (i.e. Billboards).
The regulation and permitting of outdoor advertising is also subject to State requirements,
including the State Outdoor Advertising Control Act, and Federal requirements. In cases where
there is a conflict between County regulations and State or Federal regulations, relating to the
location, erection, maintenance, lighting, setbacks and use of outdoor advertising signage, the
corresponding State or Federal law shall take precedent.
In cases where there is no applicable State/Federal standard, then existing County regulations
shall be enforced.
6.12.3 General Requirements
(A) No sign of any type nor any part thereof shall be erected, painted, posted, reposted,
placed, replaced, or hung in any zoning district except in compliance with these
regulations.
(B) No person shall erect or maintain a sign, and no property owner shall allow a sign to be
erected or maintained on his property except in conformity with these regulations.
(C) A Zoning Compliance Permit approved in accordance with the provisions of this
Ordinance shall be required prior to erecting a sign, unless otherwise permitted.
(D) A permit shall be required for change of copy of an existing sign, for any sign when the
use of the premises changes, or when an existing sign is altered, however no permit will
be required for change of copy on a changeable message or reader board sign.
(E) In no case shall decorative features or landscaping at the base of a sign obstruct the view
of motorists.
(F) Sign Locations
(1) All signs shall be located outside the sight visibility triangle (see Section 6.2.10).
(2) No sign, including supporting frames or base, shall be located within five feet of a
public right-of-way.
(3) No sign may be attached, affixed, or painted upon any utility poles, governmental
signs, trees, rocks, or other similar natural object within the public right-of-way.
(4) No sign shall be permitted on the side street frontage of a corner lot if the lot is
located 6within 100 feet of a residential district.
(G) Illuminated Signs
(1) No illuminated sign shall be so designed or placed that direct or reflected light or
glare constitutes a hazard or annoyance to motorists or occupants of adjoining
properties.
(2) Signs shall be illuminated in accordance with the provisions of this Ordinance.
6.12.4 Determination of Sign Area
(A) For the purposes of this Ordinance, the area of display surface of a sign shall be
computed as including the entire area visible from any one point, within a regular
geometric from or combination or forms, comprising all of the display area of the surface
and including all of the elements within the display area and the sign frame, including the
lattice work, frame, border molding, lettering and display area incidental to the sign’s
6 This language was a holdover from the old zoning ordinance and created confusion. The regulation is being
modified accordingly to ensure an enforceable standard.
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(2) A Zoning Compliance Permit shall not be required to allow for the placement of a
political sign on private property.
(3) There shall be no limit to the number of political signs that can be placed on
private property so long as the placement of these signs complies with the
provisions of this Ordinance and the signs do not create a public safety hazard.
(4) Within residential zoning districts, political signs shall not exceed nine square feet
in area or four feet in height.
(5) Within non-residential zoning districts, political signs shall not exceed the
maximum allowable sign area permitted for freestanding signs.
(6) Political signs shall only be erected 90 days prior to the established date of a
general election, school board election, referendum, special election, primary, or
other similar political activity.
(7) Political signs shall be removed within 21 days after an election.
(8) Political signs shall be allowed within rights-of-way of the State highway system
only in accordance with State law.
(9) Political signs shall not be allowed on telephone poles, utility poles, trees, other
similar natural objects, and other signs or sign structures.
6.12.6 Prohibited Signs
The following signs are prohibited in all zoning districts:
(A) Advertising signs resembling traffic signals, traffic signs, emergency vehicles’ flashing
lights, non-governmental sanctioned signs utilizing the words ‘stop’, ‘slow’, ‘caution’,
‘danger’, or any sign that is likely to be misconstrued by the traveling public as being
official governmental signs or emergency warnings or which by their distracting nature
create a hazard to motorists;
(B) Signs, except for off-premises signs allowed under this Section, advertising an activity,
business, product or service no longer conducted on the premises upon which the sign is
located. Such signage shall be removed within 90 days from the date of termination of
such activity. Upon failure of the owner to remove such signs within the prescribed time,
the Planning Director shall take appropriate legal action to have such sign removed;
(C) Flashing, blinking, pulsating, signs or signs with moving parts except for signs showing
time of day and temperature that are part of an approved sign advertising a permitted
business activity on a parcel of property;
(D) Signs with electronic moveable copy, scrolling messages or other similar electronic
displays designed to change display more than once an hour or a maximum of 8 times in
a 24 hour period7;
(E) Signs, other than traffic, governmental, street name signs, political signs erected in
accordance with State law, or other official governmental or public agency sign, shall not
be permitted within any street right-of-way;
(F) Roof signs;
(G) Snipe signs;
(H) Beacon lights, animated signs, trailer signs and snipe signs;
(I) Portable signs, unless approved for a special event in accordance with Section
6.12.11(D);
7 Staff is proposing a universal standard for what constitutes electronic changeable copy to ensure proper
enforcement.
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(2) Signs shall not be placed within any public street right-of-way.
(3) Signs must be removed after property has been transferred.
(I) Landmark Signs
Signs shall be erected only after the historical significance of the particular site has been
verified and that proposed location of the sign has been approved by the Orange County
Planning Department and all other related agencies (i.e. NC Department of
Transportation).
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) On-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On-premise commercial signs shall be permitted within the following zoning
districts: LC-1, NC-2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, MHP-
CZ, ASE-CZ, REDA-CZ-1,8 and all of the Economic Development zoning
districts.
(3) All on-premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right-of-way
line whichever is greater. In cases where a property abuts a residential zoned
parcel of property, the side or rear yard setback requirement shall be doubled.
(4) Number of Signs Permitted
(a) One on-premise commercial sign shall be permitted per parcel.
However, one additional on-premise commercial sign may be permitted
for parcels with frontage on more than one right-of-way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three-dimensional sign be
permitted on-site.
(c) For multi-tenant buildings and/or sites permitted as a conditional use or
conditional zoning district, additional on-premise commercial signs or
sign area may be permitted by the Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on-premise commercial signs shall be determined as
follows:
8 Staff is correcting for previous omissions by including Agricultural Support Enterprises Conditional Zoning (ASE‐
CZ) and the NC Highway 57 Speedway Area Rural Economic Development Area Conditional Zoning (REDA‐CZ‐1) in
the list of allowable signage.
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(a) Single or double-faced signs shall not exceed 32 square feet in area, per
sign face. For parcels zoned CC-3, GC-4, OI, I-1, I-3, AS, EDB-2, EDE-
2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed 72 square feet
in area for parcels that:
(i) Are larger than 60,000 square feet in area, and
(a)(ii) Have more than 300 linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(b) Three-dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
Figure 6.12.12.A.6: Three-Dimensional Sign Allowable Volume
NOTE: L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet.
(7) An on-premise commercial sign may contain a changeable copy sign as defined
in this Ordinance. However, the total sign area, including the area of changeable
copy, shall not exceed the maximum allowable area established in Section
6.12.12(A)(6)(a) above.
(8) No on-premise commercial sign shall be oriented is such a manner as to be
directly visible from a major transportation corridor as established in this
Ordinance.
(B) Off-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) Off-premise commercial signs (billboards) shall be permitted within the GC-4,
EC-5, I-1, and I-2 zoning districts.
(3) No electric tap outs allowing for an independent light source to receive power
shall be allowed.
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(4) Off-premise commercial signs shall be considered the principal use of property.
There shall be no additional principal uses allowed on the same parcel. Off-
premise commercial signs shall not be permitted as accessory uses.
(5) No off-premise commercial sign shall be located closer than 200 feet to the right-
of-way of major thoroughfares (i.e. US 70, NC 86, NC 40, and NC 57) and 600
feet to the right-of-way for all other thoroughfares and streets.
(6) The height of an off-premise commercial sign shall not exceed 25 feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
The clearance of an off-premise sign shall not be less than eight feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
(7) Off-premise commercial signs shall be limited to 480 square feet of sign area.
(8) In no case shall an off-premise commercial sign be located closer than 1,000 feet
to an existing off-premise commercial sign.
(9) Off-premise commercial signs are prohibited within the Major Transportation
Corridor (MTC) overlay district.
(10) No person may, for the purpose of increasing or enhancing the visibility of any
off-premises commercial sign, damage, trim, destroy, or remove any trees,
shrubs, or other vegetation in the following locations:
(a) Within the right-of-way of any public street or road, unless the work is
done pursuant to the express written authorization of the North Carolina
Department of Transportation;
(b) On property that is not under the ownership or control of the person
responsible for such work, unless the work is done pursuant to the
express authorization of the property owner where the vegetation is
located; and,
(c) In any area where such vegetation is required to remain under a permit
issued in accordance with this Ordinance.
(C) Wall Signs
(1) Shall either be mounted or painted on a building.
(2) Wall signs may be internally illuminated and shall comply with all applicable state
and county building codes and the National Electric Code.
(3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and
all of the Economic Development zoning districts.
(4) All wall signs shall be offset a minimum of ten feet from the corner of the building
on which it is mounted.
(5) Wall signs shall not protrude more than 12 inches from the face of building on
which it is mounted.
(6) Number of Signs Permitted
(a) Only one wall sign shall be permitted per building facade. In cases
where a building is located on a corner lot, an additional wall sign may be
permitted on the building wall facing the second street right-of-way,
subject to the requirements of this Ordinance.
(b) For multi-tenant buildings permitted as a conditional use or conditional
zoning district additional wall signs may be permitted by the Board of
County Commissioners.
(7) The allowable sign area shall be determined as follows:
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One square foot of sign area for every ½ foot of building length facing a public
right-of-way, not to exceed 32 square feet. For parcels zoned CC-3, GC-4, OI, I-
2, I-3, AS, EDB-2, EDE-2, EDH-4, EDH-5, and MPD-CZ signage shall not exceed
64 square feet in area for parcels that:
(a) Are larger than 60,000 square feet in area, and
(b) Contain a structure with more than 100 linear feet of building length
facing a public right-of-way, and
(c) Have more than 300 feet of linear frontage along a NC Department of
Transportation (NC DOT) maintained roadway.
(8) A changeable copy sign may be utilized as a wall sign.
(9) Wall signs shall not extend above the soffit, parapet, or eave line of the building
to which it is attached.
(D) Projecting Signs
(1) Projecting signs shall be mounted on a building.
(2) Projecting signs may be internally illuminated and shall comply with all applicable
state and county building codes and the National Electric Code.
(3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC-
2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and
all of the Economic Development zoning districts.
(4) Projecting signs shall adhere to the minimum setback requirements established
for all structures within the zoning district in which it is located.
(5) Only one projecting signs shall be permitted per building facade even in cases of
a building located on a corner lot.
(6) The allowable sign area shall be determined as follows:
(a) One square foot of sign area for every ½ foot of building length, facing a
public right-of-way, not to exceed 32 square feet in area.
(7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least
ten feet above finished grade.
(8) Projecting signs shall not extend above the soffit, parapet, or eave line of the
building to which it is attached.
(9) Projecting signs shall not be located at the corner of a building except at right
angles to the building façade.
(E) Window Signs
(1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and
all of the Economic Development zoning districts.
(2) Window signs shall be limited to a maximum of 30% of the total window area
where the sign is to be located.
(3) Window signs may be utilized for advertising specials or sales within the
business, or displaying the name and other pertinent business information
associated with the principal use.
(4) Signs may be etched, painted or otherwise attached to be made a permanent
addition to the pane of glass.
(F) Awning Signs
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(1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, ASE-CZ, REDA-CZ-1 and
all of the Economic Development zoning districts. See Section 6.12.14(E) for
additional standards for Awning Signs located in Economic Development
Districts.
(2) Awning Signs shall be located above the main entrance to a nonresidential land
use and shall contain the name of the use.
(3) Awning Sign area shall be limited to a maximum of 50% of the total awning area
erected over the entrance of a nonresidential land use. Where an awning sign is
utilized at a multi-use development, the amount of sign area shall be computed
as part of the overall sign area allotted to wall signs, not to exceed 50% of the
total awning area.
(G) Drive-Through Menu Signs
(1) Applicants must establish to the satisfaction of the Planning Director that a drive-
through menu sign is considered a customary accessory use to the principal
business on the property and is necessary for the normal operations of the
commercial operation.
(2) Signs shall be limited to 32 square feet in area.
(3) No external illumination shall be permitted.
(4) A land use that utilizes such a sign shall also be permitted an independent
speaker box, no greater than 12 square feet in area with a height no greater that
four feet.
6.12.13 Sign Standards for Specific Uses
In addition to the requirements contained herein, the following land uses shall adhere to these
additional standards:
(A) Changeable Copy Signs Utilized by Churches or Public Entities
(1) Shall not exceed 32 square feet in area.
(2) Bulletin boards/reader boards may be internally illuminated.
(B) Service Stations/Gas Station
(1) Signs may be erected above gas pumps subject to the following standards:
(a) No internal or external illumination shall be permitted;
(b) Signs shall be limited to four square feet in area; and
(c) Signs must advertise items for sale on the property. Under no
circumstances may a sign advertise a sale, activity, business, or product
not associated with the principal use of property.
(2) Signs may be erected on the canopy covering gas pumps subject to the following
standards:
(a) Advertising material shall be limited to trademarks, logos, and the name
of the service station or other similar display.
(b) Such displays shall be limited to six square feet of area.
(C) Yard Sales/Garage
(1) Signs shall be erected on the property where the sale is taking place.
(2) Signs shall be limited to four square feet of area.
(3) No off-site displays shall be permitted.
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(4) Signs shall be removed no later than sunset of the day the event occurs.
(D) Institutional Uses and Private Parks Located within Residential Zoning Districts
(1) One ground and one wall sign shall be permitted;
(2) Maximum sign area shall be 32 square feet per sign face; and
(3) No ground sign shall exceed six feet in height.
(E) Home Occupations
(1) The Home Occupation shall have a valid Zoning Compliance Permit issued by
Orange County;
(2) There shall only be one sign limited to eight square feet in area and four feet in
height;
(3) Such sign shall not be illuminated by any means;
(4) Sign shall not be located within any public street right-of-way, sight visibility
triangle, easement, vehicular area or other similar area; and
(5) The sign message shall be limited to the business name and telephone number.
(F) Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational
Facilities, Golf Courses; and Recreational Facilities, Profit
(1) Purpose and Intent
(a) Unlike signs for non-residential development(s), signs for recreational
land uses are intended to serve a different function and purpose. Signs
within these types of land uses are intended to provide essential
information concerning:
(i) Rules and regulations governing the operation of the facility;
(ii) Educational information identifying unique aspects of the facility,
the property itself, or significant environmental features that are
located on the property; and
(iii) Identification of sponsors or public/private partnerships that are
responsible for the development, upkeep, and maintenance of
existing recreational amenities.
(b) While some of this information could be construed as being advertising
material, the County views such signs as identifying those responsible
for the existence of the facility and allows for recognition of entities that
have entered into partnerships with the operator of the facility to provide
local residents with recreational opportunities.
(2) Applicability
The regulations included herein govern the erection of signs at the following:
(a) Parks, Public and Non-profit,
(b) Recreational Facilities, Non-Profit,
(c) Recreational Facilities, Golf Courses, and
(d) Recreational Facilities, Profit within the County.
(3) Permitted Signs
(a) Freestanding identification signs announcing the name of the facility/land
use are subject to the following standards:
(i) There shall be only one freestanding identification sign per
property,
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(ii) Freestanding identification signs shall be limited to 20 square
feet of sign area. In Economic Development Districts, a
maximum sign area of 32 square feet shall be permitted,
(iii) The sign may be either a ground or pole sign,
(iv) Freestanding identification signs shall be set back a minimum of
ten feet from all property lines, and
(v) Illumination of freestanding identification signs shall be permitted
in accordance with the provisions of this Ordinance,
(b) Wall Signs
(i) Shall either be mounted or painted on a building.
(ii) All wall signs shall be offset a minimum of five feet from the
corner of the building face on which it is mounted.
(iii) Wall signs shall not protrude more that 12 inches from the side of
building on which it is mounted.
(iv) Only one wall sign shall be permitted per building except as
follows:
a. In cases where a building is located on a corner lot, a
second wall sign may be erected on the building wall
facing the second street right-of-way subject to the
requirements of this Ordinance.
b. If a building façade faces athletic fields or other similar
recreational areas on the property, a second wall sign,
up to 32 square feet in area, may be erected facing
these facilities, not to exceed the allowable sign area as
calculated herein,
c. Under no circumstances may more than one wall sign be
located on the same building façade.
(v) The maximum sign area shall be determined as follows:
a. One square foot of wall sign area for every ½ linear foot
of building length along a right-of-way or facing an
athletic field or similar recreational use, not to exceed 32
square feet in area.
(vi) A changeable copy sign can be utilized as a wall sign.
(vii) Wall signs shall not extend above the soffit, parapet, or eave line
of the building to which it is attached.
(viii) The sign may be internally illuminated or have external
illumination installed consistent with the provisions of this
Ordinance.
(c) Informational Signs
(i) Shall be allowed in an effort to provide information concerning
individual recreational amenities available on the property and
are limited to those signs necessary to identify the name of a
specific recreational facility, amenity, or use.
(ii) Signs shall be no larger than 20 square feet in area.
(iii) The sign shall contain information identifying the recreational
amenity.
(iv) The number of signs shall be directly proportional to the number
of individual recreational amenities present on the site.
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disabilities and older adults. The remaining 500 units would be units provided for individuals and
households that are at or below 50-80% of median income for the County and would include rental
and homeownership units.
The AHSP has identified ten goals with strategies provided for each goal and action and
recommendations to implement them. The thirty three: Actions (A)/Recommendations(R) are listed
with each goal and set of strategies. Those numbered with (AR) are Actions/Recommendations
staff is requesting to pursue immediately and or require funding decisions. With the Board’s
approval of the AHSP, staff will bring back to the Board detailed work plans and metrics in
collaboration with community and municipal partners and County agencies.
The AHSP builds on the analyses, data, community-wide input, findings and strategies in the
Orange County Five Year Consolidated Plan and the Analysis of Impediments to fair housing
choice prepared for the Orange County Consortium that is comprised of Orange County and the
Town of Carrboro, Town of Chapel Hill and Town of Hillsborough. (The BOCC has approved both
the Five Year Consolidated Plan and the Analysis of Impediments.) The AHSP identifies the critical
need for affordable housing for individuals and households of extremely and very low income and
for population groups with special needs including the homeless, persons with physical and or
mental disabilities and the elderly.
The AHSP reviewed existing affordable housing programs and tools of the County and covers an
assessment of the county’s housing stock. This assessment included examining mobile home
parks of the County, a source of affordable housing; publicly owned land and other development
opportunities and challenges for preserving and increasing the supply of affordable housing.
Consideration was also given to the County’s existing and planned infrastructure and access to
transportation, employment, services and other community assets in preparing the assessment.
Community meetings and outreach have been planned and or conducted with nonprofit providers
and various community organizations and County Boards. This provides an additional opportunity
for the public, various agencies and other interested parties to have further input into the AHSP and
comment on the goals, strategies and actions and recommendations.
The Proposed AHSP and community comments received are scheduled to be discussed at a Work
Session of the BOCC on May 10th at Southern Human Services Center. The Executive Summary
including goals, strategies, and action/recommendations are attached. The link to the entire draft
AHSP document is:
www.orangecountync.gov/draftashsp.pdf
FINANCIAL IMPACT: There is no financial impact regarding the review of the Proposed 2016-
2020 Affordable Housing Strategic Plan.
RECOMMENDATION(S): Receive and share comments on the Draft of the Proposed Orange
County FY 2016-2020 Affordable Housing Strategic Plan.
113
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 4, 2016
Action Agenda
Item No. 10
SUBJECT: Proposed Orange County FY 2016 - 2020 Affordable Housing Strategic Plan
DEPARTMENT: Housing, Human Rights and Community Development
ATTACHMENT(S):
INFORMATION CONTACT:
Draft of the Executive Summary of the Proposed
Orange County 2016-2020 Affordable Housing Strategic
Plan
Audrey Spencer-Horsley, Housing,
Human Rights and Community
Development Director, (919)245-2492
PURPOSE: To receive and share comments on the Draft of the Proposed Orange County FY
2016-2020 Affordable Housing Strategic Plan.
BACKGROUND: This Proposed 2016-2020 Affordable Housing Strategic Plan (AHSP) has been
developed as the County’s vision for addressing affordable housing needs over the next five (5)
years. Affordable housing is a foundation for achieving self-sufficiency and promotes stronger,
more inclusive communities.
The Orange County Board of Commissioners (BOCC) met on January 29, 2016 for an annual
retreat. In reviewing the previous six goals the Board has used since 2009, affordable housing was
a high priority under Goal 1: Ensure a community network of basic human services and
infrastructure that maintains, protects, and promotes the well-being of all county residents. The
Board stated that there be a priority for decent, standard housing options for all residents
regardless of household level and that funds be used to develop a targeted number of units (set
numerical goal) especially rentals. The AHSP addresses this priority of the Board.
In order to begin to meet the need for affordable housing in Orange County, particularly residents
who are most cost burdened at 30% to 50% median income as discussed in the AHSP, the AHSP
has an overarching shared countywide goal of creating 1,000 assisted affordable housing units in
five years. The shared countywide goal of 1,000 assisted units are to be provided through
acquisition, construction, urgent repair, assisted housing, and rehabilitation of the existing housing
stock over the next five (5) years.
At least 500 of those units are recommended to be new assisted rental units that do not exist today.
They would be created through the planned November 2016 $5 million bond referendum for
affordable housing and leveraging of those funds, in addition to federal, state, local and private
funds that may be available. Of those 500 new units, twenty-five to thirty percent (25%-30%) will
be targeted to serve extremely and very low income households, at or below 30% - 50% of median
income. Another twenty-five to thirty percent (25%-30%) of the new units would be targeted to
serve special needs populations including the homeless, persons with physical and/or mental
114
disabilities and older adults. The remaining 500 units would be units provided for individuals and
households that are at or below 50-80% of median income for the County and would include rental
and homeownership units.
The AHSP has identified ten goals with strategies provided for each goal and action and
recommendations to implement them. The thirty three: Actions (A)/Recommendations(R) are listed
with each goal and set of strategies. Those numbered with (AR) are Actions/Recommendations
staff is requesting to pursue immediately and or require funding decisions. With the Board’s
approval of the AHSP, staff will bring back to the Board detailed work plans and metrics in
collaboration with community and municipal partners and County agencies.
The AHSP builds on the analyses, data, community-wide input, findings and strategies in the
Orange County Five Year Consolidated Plan and the Analysis of Impediments to fair housing
choice prepared for the Orange County Consortium that is comprised of Orange County and the
Town of Carrboro, Town of Chapel Hill and Town of Hillsborough. (The BOCC has approved both
the Five Year Consolidated Plan and the Analysis of Impediments.) The AHSP identifies the critical
need for affordable housing for individuals and households of extremely and very low income and
for population groups with special needs including the homeless, persons with physical and or
mental disabilities and the elderly.
The AHSP reviewed existing affordable housing programs and tools of the County and covers an
assessment of the county’s housing stock. This assessment included examining mobile home
parks of the County, a source of affordable housing; publicly owned land and other development
opportunities and challenges for preserving and increasing the supply of affordable housing.
Consideration was also given to the County’s existing and planned infrastructure and access to
transportation, employment, services and other community assets in preparing the assessment.
Community meetings and outreach have been planned and or conducted with nonprofit providers
and various community organizations and County Boards. This provides an additional opportunity
for the public, various agencies and other interested parties to have further input into the AHSP and
comment on the goals, strategies and actions and recommendations.
The Proposed AHSP and community comments received are scheduled to be discussed at a Work
Session of the BOCC on May 10th at Southern Human Services Center. The Executive Summary
including goals, strategies, and action/recommendations are attached. The link to the entire draft
AHSP document is:
www.orangecountync.gov/draftashsp.pdf
FINANCIAL IMPACT: There is no financial impact regarding the review of the Proposed 2016-
2020 Affordable Housing Strategic Plan.
RECOMMENDATION(S): Receive and share comments on the Draft of the Proposed Orange
County FY 2016-2020 Affordable Housing Strategic Plan.
115
1
I. EXECUTIVE SUMMARY
A. NEED FOR AFFORDABLE HOUSING
Every resident of Orange County, North Carolina deserves a decent, safe, sound and
affordable place to live, in a neighborhood that provides opportunities to succeed.
The market alone is not always able to meet that need, and, accordingly,
governments at all levels must work together to help. Orange County’s shortage of
affordable housing has reached a crisis. Much of the housing in Orange County is
not affordable to low- and moderate-income households and working families who
are oftentimes cost burdened by 30% or more in their housing costs.
This Orange County Affordable Housing Strategic Plan: 2016 -2020 (AHSP) has
been developed as the County’s long-range vision for addressing affordable housing
needs over the next five (5) years. The AHSP analyzes the current housing market,
examines trends in the housing market economic opportunities of Orange County,
identifies shortcomings in affordable housing countywide, determines goals for the
next five years, and proposes strategies to meet those goals.
The AHSP focuses on the status and interaction of four (4) fundamental conditions
within the community:
o The rental and homeowner housing market;
o Economic trends, specifically in terms of household income;
o The provision of financial assistance for dwellings;
o Public policies and actions affecting affordable housing;
The methodology employed to undertake the AHSP includes:
• Research
Demographic data for the County for purposes of analysis included:
o the U.S. Census, American Community Survey and the HUD
Comprehensive Housing Affordability Strategy (CHAS) data and tables
and other federal and state programs and local data sources
o A review of the affordable housing objectives and policies of Orange
County, Chapel Hill, Carrboro, and Hillsborough
o A review of local real estate and mortgage practices
Orange County Affordable Housing Strategic Plan:
2016 - 2020
116
2
• Interviews & Meetings
o Meetings and/or interviews were conducted with County Staff,
representatives from Chapel Hill, Carrboro, and Hillsborough, public
housing providers in Orange County and the Town of Chapel Hill,
community and social service/advocacy agencies for the disabled,
housing providers, the local Board of Realtors, and home builders.
Because this analysis involves four entities, data will be presented in the following
order when available: Orange County (or Durham-Chapel Hill, NC MSA where
appropriate), the Town of Chapel Hill, the Town of Carrboro, and finally the Town of
Hillsborough (see the map on the following page, Municipalities of Orange County,
NC). This AHSP provides an broad view of the County and affordable housing needs
and related strategies and recommendations recognizing that actions in one area
may affect the actions in the other areas requiring on going collaboration and
engagement of the community, affordable housing providers and municipal partners.
117
3
Municipalities of Orange County, North Carolina
118
4
B. COUNTY GOALS AND PRIORITIES:
The Orange County Board of County Commissioners adopted the
following five County Goals and Priorities for Fiscal Year 2009 and has
reaffirmed them through to 2016. While this AHSP most specifically
addresses Goal One, it connects to and supports each of these five goals.
Goal One: Ensure a community network of basic human services and
infrastructure that maintains, protects and promotes the well-being
of all County residents.
Goal Two: Promote an interactive and transparent system of
governance that reflects community values.
Goal Three: Implement planning and economic development policies
which create a balanced, dynamic local economy, and which
promote diversity, sustainable growth and enhanced revenue while
embracing community values.
Goal Four: Invest in quality County facilities, a diverse work force,
and technology to achieve a high performing County government.\
Goal Five: Create, preserve, and protect a natural environment that
includes
clean water, clean air, wildlife, important natural lands and
sustainable energy for present and future generations.
The Orange County Board of Commissioners (BOCC) met on January 29,
2016 for an annual retreat. In reviewing the five county goals of the
BOCC above, affordable housing was a high priority under Goal 1: Ensure
a community network of basic human services and infrastructure that
maintains, protects, and promotes the well-being of all county residents.
The Board further stated that there be a priority for decent, standard
housing options for all residents regardless of household income level and
that funds be used to develop a targeted number of units (set numerical
goal), especially rentals. The AHSP addresses this priority of the Board.
C. AFFORDABLE HOUSING NEEDS:
In developing an Affordable Housing Strategic Plan in Orange County, the
demographic and socio-economic characteristics of the County were
evaluated as a basis for determining and identifying affordable housing
issues in the County. Some of the findings as presented in the tables,
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5
maps, data and analyses of the AHSP are summarized below and include
the following:
Income and Poverty
• The median income for Orange County has continued to be well
above that for the state and neighboring jurisdictions. In 2011 the
median household income for Orange County was $56,055,
compared to $46,291 for North Carolina.
• Based on a comparison between the 2000 Census and 2007-2011
American Community Survey estimates, Orange County’s
population increased by 11.5% between 2000 and 2011. The
median household income of the area increased almost threefold
compared to the population increase, 32.3%. This indicates that a
higher percentage of higher income persons moved into the area.
New housing construction (and existing housing
developments upgrading) has responded predominately to the
higher income market. As a result rents have continued to
climb and the number of affordable units to decline shutting
lower income households out of the market for affordable
decent, safe and sound housing.
• In comparison, to an increase in median household income, nearly
forty percent (39.74%) of all residents in Orange County were
considered low- to
• moderate-income at the time of the 2010 U.S. Census. In the Town
of Chapel Hill, approximately 37.44% of the residents were
considered low- to moderate-income at the time of the 2007-2011
American Community Survey. The Town of Carrboro had a 46.07%
low- to moderate-income population percentage, while 46.43% of
the Town of Hillsborough was low- to moderate-income.
• Over fifteen percent 16.9% (20,542 individuals) of the
population in Orange County was living below the poverty
level in 2011, according to the 2007-2011 American Community
Survey. This was up from 14.1% (15,318 individuals) in 1999.
• As median income has gone up so have the number of residents in
poverty and in unstable and or substandard housing; and the
number faced with the option of last result--moving out of their
community and the county for affordable housing. Worse still are
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6
the extremely limited to non-existent options for those
residents at risk or already experiencing homelessness.
• The County’s poverty statistics for families with children are
significant, particularly for single mothers. The chart in the housing
market analysis of the AHSP illustrates the poverty statistics for
families living in Orange County. At the time of the 2007-2011
American Community Survey, the percentage of
some families with children living below the poverty level was as
follows:
• Families with related children under the age of 18 was
14.5%.
• Female-headed families with related children under the
age of 18 was 35.2%.
• Families with a householder who is White is 6.1%
• Families with a householder who is Black or African
American is 20.6%.
• Families with a householder who is Asian is 15.4%.
• Families with a householder who is Hispanic or Latino is
29.4%.
• In 2011, approximately 8.7% of all families in the Town of
Chapel Hill lived below the poverty level; of the female
householders, 28.3% were below the poverty level and 30.9% of
those with children under 18 years were below poverty.
• In the Town of Carrboro, approximately 10.1% of all families
were below the poverty level; of the female head of households,
27.7% were below poverty level and 31.3% lived with related
children under 18 years.
• In the Town of Hillsborough, approximately 23.7% of
families lived below the poverty level in 2011; of the female
householders, 70.3% lived below the poverty level, with
77.0% of those living with children under 18 years living
below poverty.
• There are 9.9% (5,016) of all individuals on limited incomes
from social security, supplemental social security and
public assistance.
Rental and Owner Occupied Housing Stock and Housing Costs
• According to the 2007-2011 American Community Survey, there
were 50,837 households in Orange County; compared to the 2000
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Census that reported 45,863 households in the County. Of the
households in 2011, 60.2% were owners and 39.8% were renters,
whereas in 2000, 57.6% were owners and 42.4% were renters;
there was a small increase in homeownership over the decade.
• Of the three jurisdictions, Hillsborough has the highest percentage
of owner-occupied units at 55% and Chapel Hill is closer to an
equal distribution between owner-occupied units at 49.1% and
50.9% respectively. Carrboro has the largest percentage of rental
housing stock, 64.5%. Hillsborough in relation to its overall housing
stock has the highest percentage of older housing, 25% built before
1960. This is more recently being balanced by new construction;
however there is still the need to improve and preserve the existing
affordable housing stock.
• According to the 2007-2011 American Community Survey, there
are 55,315 housing units in Orange County, of which 50,837
(91.9%) are occupied; this leaves a vacancy rate of 8.1% in the
County. Most of the vacant units are located in the
northwestern and southeastern portions of the County, and in
the central portion of Chapel Hill and most require some level
of rehabilitation. According to the U.S. Census and the
American Community Survey data, over 27% (1,209) of all
vacant units are not habitable.
• The median value of owner-occupied homes in Orange County in
2000 was $179,000, compared to $108,300 for the State of North
Carolina. The median value of owner-occupied homes in Orange
County in 2011 was $270,300 compared to $152,700 for the State
of North Carolina. The values of the housing stock in Orange
County continue to be substantially higher than those of the State
of North Carolina as a whole and of neighboring jurisdictions. The
increasing cost of acquiring existing properties and land
makes land banking a valuable tool in preserving and
developing affordable housing for present and future
residents.
• Just over a quarter of all owner-occupied households (28.6%) with
a mortgage are paying over 30% of their monthly income on
housing, indicating a moderate percentage of owners whose
housing is not considered affordable. The median mortgage
expense in Orange County for 2000 was $1,333, compared to
$1,831 in 2011.
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• Residents of Hillsborough had the lowest median monthly housing
costs among the three jurisdictions for owner-occupied units,
paying $1,383. Carrboro had the highest monthly housing cost for
homeowners of the three jurisdictions at $1,873 per month. Chapel
Hill has monthly housing costs of $1,673 per month.
• The median monthly rent in Orange County increased by
22.81% between 2000 and 2011, from $684 to $840,
respectively. The median monthly housing cost for Chapel Hill in
2011 was $1,095; the median monthly housing cost for Carrboro
was $885; the median monthly housing cost for Hillsborough was
$964. While rents in the past were relatively more affordable in
Hillsborough the trend is much higher increases in rent.
• The monthly housing costs for 48.2% of all renter-occupied
households in Orange County exceeded 30% of monthly
income in 2000, indicating an even higher percentage of
renters whose housing is not considered affordable. In 2011,
that amount increased to 53.8%, which is a 5.6% increase from
2000.
• According to the 2007-2011 American Community Survey (ACS)
data, there were 50,837 households in 2011 in Orange County.
Based on this data, 14,494 (28.5%) of all households were single
person households living alone.
Cost Burdened
• A central housing problem facing many households in Orange
County is a lack of affordable housing and many of the County’s
lower income households are paying more than 30% (cost
burdened) to more than 50% (severely cost burdened) of their total
household income on the monthly cost for housing.
• According to the 2007-2011 ACS data, 44.1% of all renter
households are cost burdened by 30% or more, and 12.1% of all
owner households are cost burdened by 30% or more. In addition,
28.4% of all renter households are cost burdened by 50% or more,
and 7.7% of all owner households are cost burdened by 50% or
more. This means in whole numbers that 7,629 households
were cost burdened by 30% to 50%, and 8,751 households
were cost burdened by greater than 50%.
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• In Chapel Hill, 53.5% of all renter households are cost burdened by
30% or more, and 19.8% of owner-occupied households are cost
burdened by 30% or more. Additionally, 35.8% of renter
households are cost burdened by 50% or more and only 9.4% of
owner-occupied households are cost burdened by 50% or more.
• In Carrboro, 47.9% of all renter households are cost burdened by
30% or more, and 30.7% of owner-occupied households are cost
burdened by 30% or more. Additionally, 23.9% of renter
households are cost burdened by 50% or more and only 9.3% of
owner-occupied households are cost burdened by 50% or more.
• In Hillsborough, 43.4% of all renter households are cost burdened
by 30% or more, and 39.0% of owner-occupied households are
cost burdened by 30% or more. Additionally, 34.4% of renter
households are cost burdened by 50% or more and only 9.8% of
owner-occupied households are cost burdened by 50% or more.
Mobile Homes (Manufactured Housing)
• In 2000, Mobile (manufactured) homes made up 10.4% of the
housing stock; a source of affordable housing in the county.
By 2011, mobile
(manufactured) homes had decreased and make up 7.9% of
the housing stock. There was also a slight decline in multi-family
units of twenty or more units (down from 9.1% to 7.1%).
• Mobile home parks in Orange County are geographically located
throughout the entire County but most are clustered along the
major state and federal highway corridors. Approximately sixty-
five (65) of the mobile home parks (65%) are located within
3,000 feet of a major roadway: Route 54; Route 86; Route 70;
Route 70A; Route 40; Route 85; and I-85/40. The majority of
the remaining thirty-four (34) are located within one (1) mile of
these major roadways. Fifty-four (54) of the mobile homes are
located in the southern half of the county which includes the
portions of the County south of Hillsborough. There are only three
(3) mobile home parks located in the northernmost quarter of the
county.
• In January 2016, the condition of each of the 2,017 mobile homes
in the 100 mobile home parks of the County was analyzed as to the
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scope of rehabilitation work needed to make the mobile home safe,
sound, and secure, and to bring it up to minimum code standards.
It was determined that:
• 378 (18.74%) mobile homes are in sound condition
• 990 (49.08%) mobile homes are in need of minor repairs
• 580 (28.76%) mobile homes are in need of major repairs
• 69 (3.42%) mobile homes are economically infeasible to
repair
• A total of 55 mobile home parks had vacant spaces (250
vacant spaces). Of those parks with vacancies, the average
number of vacancies is 4.6 spaces with the largest number
of vacancies at one park of 28 spaces available with room to
expand.
• According to the 2010-2014 American Community Survey, there
are an estimated 4,089 mobile homes in Orange County, 7.3% of
the total housing units. This indicates that roughly half of all mobile
homes are located outside of mobile home parks.
• The average sales price for manufactured housing also has
continued to steadily increase with the smallest unit costing
approximately $39, 500 in 2010 to $45,000 in 2014 for 1,115 sq. ft.
unit and larger units ranging from $65,300 ($45.41/sq. ft.) to
$82,000 for a 1710 sq. ft. unit ($47.95/sq. ft.). The cost and or
lack of financing along with the cost of insurance makes even
this purchase difficult for low income households and has
caused this to become more of a rental option for land owners
and residents of the mobile home parks. A comparison of other
manufactured housing with stick built was also examined in the
AHSP. The AHSP recommends that the county continue to pursue
ways to work with landowners and owners of individual units to
preserve and expand this stock of housing where feasible and
environmentally suitable.
Persons with Disabilities
The 2007-2011 ACS data showed the number of disabled
individuals in Orange County to be approximately 11,180 or 8.4% of
the total population over the age of 5 (126,228). This is an indicator
of the need for housing for the disabled which are mainly low- and
moderate-income, and do not have housing resources that are
accessible and/or affordable.
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• Of persons with disabilities between ages five and seventeen
(1,079), most have cognitive difficulties, followed by individuals that
have self-care difficulties.
• Of persons with disabilities between ages eighteen to sixty-four
(6,326), the disabilities for high numbers of persons span the range
of difficulties including difficulty with independent living.
• Of the population age 65 and older (12,749), 29.6% (3,775) have
a disability that also span a range of difficulties including
hearing, cognitive, ambulatory and vision among other
difficulties.
Housing Needs of Seniors
• More affordable housing options for seniors are also greatly
needed. In sum, to serve a county with 22,123 residents over 60
years of age Orange County has approximately 1,534 designated
senior-specific housing units across the continuum of care.
Further, it is most often the case that for each type of current
housing option for seniors, there are few to no vacancies
(waiting lists from one to several years) despite costs that
would be out of reach for many seniors.
• Single person households aged 65 and over comprised 3,277
households, or 6.4% of all single person households. It is expected
that as these seniors continue to age in place, additional
accommodations and special needs housing will be necessary for
this portion of the County’s population. The County will need to
assist in obtaining and providing funding and work with housing
service and senior support agencies to provide more programs,
activities, and accommodations for this growing population of the
county.
Homeless
• Specific needs of the extremely low-income that are housed,
but are at imminent risk of becoming unsheltered or living in
shelters are: food, clothing, transportation and job training
with housing.
• Another housing issue is the lack of continuous and coherent
housing supportive services.
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Live and Work Pattern
The following data highlights patterns in residency and employment
in the County (data was not available for Hillsborough): the
population that live and work in the jurisdiction is 20.11% (19,698)
in Orange County; 10.56% (6,435) in Chapel Hill and 4.75% (540)
Carrboro.
Other Housing Problems
• A household is considered to have a housing problem if it is cost
burdened by more than 30% of their income, experiencing
overcrowding, or having incomplete kitchen or plumbing facilities.
The four severe housing problems
are lacks complete kitchen facilities; lacks complete plumbing
facilities; more than 1.5 persons per room; and cost burdened over
50%.
• According to the 2006-2010 Comprehensive Housing Affordability
Strategy (CHAS) data (the most current complete set of the data):
Throughout Orange County, the number of renter households
experiencing one of the four housing problems is greater than
the number of owner-occupied households experiencing a
housing problem. This trend is much more pronounced in the
Town of Chapel Hill where renter households are almost three
times more likely to experience a housing problem than owner-
occupied households.
• The 2006-2010 HUD CHAS data for Orange County reveals that,
43.4% of renter households and 32.5% of owner-occupied
households experienced one of the four housing problems
(incomplete kitchen facilities, incomplete plumbing facilities, more
than 1 person per room, and cost burdened by 30% or more).
• According to CHAS data (2007 – 2011) over 5,000 households
at 0%-30% median income have one of more of the four
housing problems; however, the overwhelming problem was
housing cost burden greater than 50% of income (4,245).
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• 47% of all disabled renters have a housing problem that includes
cost burdened by 30% or more or another type of housing problem.
32% of disabled homeowners have a housing problem that includes
cost burdened by 30% or more or another type of housing problem.
• In Carrboro 51.1% of renter households and 30.7% of owner
occupied households experienced a housing problem.
• In Chapel Hill 54.9% of renter households and 20.5% of owner-
occupied households experienced a housing problem.
• In Hillsborough 47.3% of renter households and 39.0% of owner-
occupied households experienced a housing problem.
• According to the 2007-2011 American Community Survey (the most
current complete set of census estimates): When comparing
homeowners and renters by race, “White” households represent the
largest percentage of homeownership (84.1%) with “Black or
African American” households comprising (9.4%) of the total
homeowners.
• In examining housing needs and patterns to help determine goals
and strategies, analysis included the extent to which any
racial/ethnic group has a greater need in comparison to the
County’s overall population need. Data detailing information by
racial group and Hispanic origin has been compiled from the CHAS
data and the 2010 U.S. Census. Disproportionate need is defined
as a group having at least 10 percentage points higher than the
percentage of persons in that group as a whole. The following are
some of findings of disproportionate needs in Orange County.
Some of the findings with regards to homeownership, access to
credit and financing among others was:
• The number of White, non-Hispanic middle-income applicants
significantly outnumbers the number of minority applicants, and
minority households have a lower origination rate and almost
double the denial rate.
• Of the total number of “White” households, 65.52% are
homeowners and 34.48% are renters. In comparison, of all
“Black and African American” households, 42.85% are
homeowners and 57.15% are renters.
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• According to the Home Mortgage Disclosure Act (HMDA) data:
The percentage of total applications by Whites accounts for
almost three-quarters (74.3%) of the total number of
applications, regardless of income.
• Loan origination rates are higher for White applicants than for
minority applicants as a whole, and minority denial rates are
higher than White denial rates.
In summary, the extremely and very low-income residents of the
county (0 to 30% to 50% of median income) including seniors, the
homeless and persons at-risk of homelessness and persons with
disabilities are the most adversely affected by the high cost of
housing and the great lack of affordable housing in Orange County.
The lack of affordable housing that is decent, safe, and sound
forces these residents of the county into substandard housing and
a life of instability that also affects education, health and
employment outcomes for families and individuals and the
community.
In providing a continuum of affordable housing, the county’s goals
should include other special needs housing such as a place for
persons who are victims of domestic violence and having a
shelter(s) that can appropriately serve a mix of families and
individuals. Goals should include strengthening planning and
coordination of resources for emergency situations where families
and individuals become homeless due to life events, acts of nature
or involuntary displacement to help them return to or obtain as
quickly and effectively as possible stable housing and
independence. The following section (Section D.) provides the
proposed Orange County Strategic Plan Goals and Strategies:
2016 – 2020 and respective actions and recommendations.
NOTE: AFFORDABLE HOUSING PRIMER
For your information and convenience, at the following links is the website for an
Affordable Housing Primer that is a helpful basic reference and educational tool
produced by the North Carolina Housing Coalition on affordable housing including
affordable housing terms and programs:
http://www.nchousing.org/research-data/affordable-housing-primer/2009-
affordable-housing-primer/Affordable_Housing_Primer_2009_final.pdf
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http://www.nchousing.org/research-data/affordable-housing-primer (by Table of
Contents)
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D. STRATEGIC PLAN GOALS AND STRATEGIES: 2016 - 2020
Affordable Housing is the foundation for achieving self-sufficiency and
promotes stronger, more inclusive communities.
The AHSP is intended to be a “living” affordable housing plan that
provides a framework for moving forward in addressing the affordable
housing needs of current and future County residents. The successful
implementation of the AHSP is based in the expectation and more
importantly in the commitment to work together collaboratively with the
County’s municipal, state and federal and other public and private
community partners, Advisory Boards, Authorities and Commissions and
the community at large to meet the affordable housing needs of the
County. There will be many additional opportunities for public and private
entities and the community to have further input into the AHSP and
implementation of the goals, strategies and actions and recommendations.
The ASHP builds upon the analyses, data, community-wide input, findings
and strategies in the Orange County Consolidated Plan and the Analysis
of Impediments to fair housing choice prepared for the Orange County
HOME Consortium that is comprised of Orange County and the Town of
Carrboro, Town of Chapel Hill and Town of Hillsborough. The AHSP
identifies the critical need for affordable housing for individuals and
households of extremely and very low income and for population groups
with special needs including the homeless, persons with physical and or
mental disabilities and the elderly.
The AHSP reviews existing affordable housing programs and tools of the
County and assessments of the county’s housing stock. This included
examining mobile home parks of the County which provides a significant
source of affordable housing, publicly owned land and other development
opportunities and challenges for preserving and increasing the supply of
affordable housing. The development opportunities and challenges were
examined with consideration given to the County’s existing and planned
infrastructure and access to transportation, employment, services and
other community assets.
The AHSP identifies goals for the next five years, and proposes strategies
and opportunities through a list of proposed actions and recommendations
to meet those goals. This includes the proposed county-wide shared goal
of 1,000 affordable housing units provided through acquisition,
construction, urgent repair, assisted housing, and rehabilitation of the
existing housing stock, over the next five (5) years.
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In order to begin to meet the need for affordable housing in Orange
County, particularly residents who are most cost burdened at 30% to 50 %
median income as discussed in the AHSP, the ASHP has a proposed
overarching shared countywide goal of 1,000 affordable housing units.
The shared countywide goal of 1,000 units are to be provided through
acquisition, construction, urgent repair, assisted housing, and
rehabilitation of the existing housing stock, over the next five (5) years. At
least
500 of those units is recommended to be new assisted rental units through
the proposed five million dollar Bond for affordable housing in addition to
other county and public and private resources.
The AHSP proposes that of the 1000 units goal 25 – 30% of the units be
rental units serving extremely low and very low income households, at or
below 30% – 50 % of median income (using the federal definition) and
another 25 - 30% serving special needs populations including the
homeless, persons with physical and or mental disabilities and seniors.
The highest priority is recommended for these populations and then for
individuals and households that are at or below 50 - 80% of median
income for the County.
The AHSP has identified ten goals with strategies provided for each goal
and action and recommendations to implement them. The thirty-three
Actions (A)/Recommendations(R) are listed with each goal and set of
strategies. Those numbered with both A and R (AR) are
Actions/Recommendations county staff is requesting to pursue
immediately and or require funding decisions. With the Board’s approval
of the AHSP, the Director of the Department of Housing and Community
Development in consultation and collaboration with other county staff and
approval of the County Manager will bring back to the BOCC detailed work
plans and metrics in collaboration with the community, municipal partners,
Advisory Boards and County agencies as appropriate.
The format of the following table presents the ten goals, by each goal and
the respective plan strategies and actions (A)/recommendations (R). The
actions (A)/recommendations (R) are listed and grouped with the
respective goal and related strategies and are also numbered
consecutively across all goals providing thirty-three
actions/recommendations in all. Those numbered with both A and R (AR)
are actions/recommendations county staff is requesting to pursue
immediately and or require more funding decisions.
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Affordable housing is the foundation for achieving self-sufficiency and
stronger more inclusive communities.
2016 – 2020 Five Year Countywide Shared Goal:
1,000 Affordable Housing Units*
*New Acquisitions, Construction, Urgent Repairs, Newly Assisted and or Rehabilitated
GOAL 1: Provide a continuum of decent, sound and safe
affordable housing with a diversity of housing types,
densities and choice throughout the County that promotes
inclusive communities and full access to its assets for
current and future populations.
Strategies Action/Recommendation
1.1: Identify publically owned land or property located within the
County that may be used to address affordable housing needs
identified in the Plan.
1.2: Identify and pursue local, state, federal and private resources
including partnering with university communities to leverage
available resources (that include publicly owned land and surplus
facilities and financial support) for development of permanent
affordable housing at a level that is “key” to meeting the basic need
of decent safe and sound affordable housing for a broad cross
section (age and income) of the residents of Orange County.
1.3: Promote an innovative approach to multi-family and special
needs housing that is responsive to the needs of Orange County,
makes effective use of technology, addresses financial and
environmental sustainability, and provides quality developments
with balanced focus on reducing construction and maintenance
costs.
1.4: Locate affordable housing units/developments in areas that
are proximate to needed services, shopping, schools, transportation
options, and employment centers.
1.5: Support the development of permanent affordable workforce
housing options including creative and non-traditional options in
design (amenities, size, number of units and cost) for young adults
and other single individuals starting careers and families with
members in modest paying professional careers (such as teachers,
service workers and medical assistants).
AR1: Provide county or other publicly
owned property through a RFP for the
immediate development of single
family attached, detached, and multi-
family housing units. Based on the
SWOT analysis of publicly owned land,
the County owned, small-parcel
property (3 acres or less) will be
provided for the development of small
scale, single family detached and
attached (duplex, triplex) units for sale
or rent to qualified buyers and/or
occupants through partner affordable
housing non-profits.
AR2: Implement a competitive process
for evaluating proposals for
development and maintenance of
affordable housing inventory. The
proposals will be evaluated by the
Orange County Housing Authority and
and/or the Affordable Housing
Advisory Board as appropriate. These
bodies will make recommendations to
the BOCC on the distribution of any
county funds.
Orange County Affordable Housing Strategic Plan
Goals: 2016 - 2020
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1.6: Support a range of affordable housing initiatives in
partnership with non-profit organizations and outreach to
the broader community to leverage state and federal funds
to provide a range of housing opportunities for County
residents.
1.7: Preserve and monitor the affordable housing stock that
exists by developing strategies, tools and partnerships that
allow the County to retain the supply of decent, safe, sound,
and accessible housing that is affordable to low- and
moderate-income owners and renters including
manufactured homes.
1.8: Plan for possible displaced homeowners and renters of
manufactured housing that may have difficulty finding
other sources of affordable housing due to rising land costs
and rent, expected particularly in Chapel Hill and Carrboro.
1.9: Coordinate the location of higher intensity / high
density residential and non-residential development with
existing or planned locations of public transportation,
commercial and community services, and adequate
supporting infrastructure (i.e., water and sewer, high-speed
internet access, streets, and sidewalks), while avoiding
areas with protected natural and cultural resources. This
could be achieved by increasing allowable densities and
creating new mixed-use zoning districts where adequate
public services are available.
1:10: Improve the public infrastructure through
rehabilitation, reconstruction, and new construction that will
facilitate affordable housing and economic development.
1.11: Evaluate the feasibility of incentives and utilize them
to stimulate the development/ production of needed
affordable low income housing and increase participation
and or private investment by lenders, landlords, apartments,
developers and faith-based organizations.
AR3: The County should negotiate an
agreement with the Orange County
Housing Authority to manage and
maintain affordable housing inventory
owned by the County.
AR4: Through a Design Competition
create and implement an innovative
development plan and designs for the
larger county-owned parcel(s)
including the Southern Human Services
Center site that will include a mix of
affordable housing uses including
workforce housing and or special
needs housing and services as suited
to the site and identified priority
needs.
A5: Assess land use planning efforts
to identify and provide greater
opportunities for the joint location of
affordable housing and employment
centers near existing or near term
construction of public utilities and
transportation which reduces
commuting times, traffic congestion
on roadways, air emissions, and
generally improve quality of life for
families and individuals.
A6: Assess land use planning efforts
in consultation with the developer
community (for profit/nonprofit) to
identify potential barriers to
development and to identify effective
incentives for Orange County to
increase affordable housing options
including exploring the success of
other communities and evaluating
Chapel Hill’s efforts to encourage
developers to build affordable units
as part of new developments.
A7: Utilize planning and development
opportunities, related to northern and
western Orange County that include
the NC 57/Speedway Small Area Plan,
the Efland-Mebane Small Area Plan,
Economic Development Zoning
Districts, and the Efland Sewer Project,
as well as regulations and practices
contained in the Orange County
Unified Development Ordinance and
the Comprehensive Land Use Plan.
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AR8: With the completion of a
conditions survey and SWOT analysis
of mobile home parks in the County,
immediately pursue opportunities to
preserve the inventory, expand and or
improve this source of affordable
housing through acquisition, land
banking and partnership
opportunities. This may include and is
not limited to minor to moderate
repairs and or conversion of
underutilized parks to modular
housing, cottages, and or small
(micro/tiny) homes.
A9: Encourage blending of
development that can be supported by
on -site/individual wastewater and
utility systems (i.e. individual septic
and wells) to afford use of
underutilized mobile parks and small
sites where feasible.
A10: Examine increasing allowable
densities and creating new mixed-use
zoning districts where adequate public
services are available.
AR11: Develop in collaboration with
community service providers:
1) a community plan to respond to
housing emergencies due to acts
of nature, life events, etc.;
2) a coordinated community-wide
service model for intake of
homeless individuals and families
seeking assistance; and a
displacement plan for larger
housing displacement events due
to new development and or sale of
property affecting households of
low income and no immediate
alternative housing options and to
minimize housing instability, loss
of personal property and an
adverse impact on families and
individuals and particularly on
vulnerable populations.
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GOAL 2: Increase the quantity and quality of
affordable housing, and help low-income families
acquire needed information, knowledge, and skills to
improve their employment opportunities and reduce
the number of families falling below the poverty level.
Strategies Action/Recommendation
2.1: Continue and strengthen collaboration between
Agencies (public/private) and with municipalities in and
neighboring to the County to support existing and new
initiatives to meet affordable housing and related service
needs and to promote maximum empowerment and self-
sufficiency of all income groups and households.
2.2: Promote the development of affordable, decent, safe and
sound rental housing that avoids the creation of areas of low-
income concentration.
2.3: Implement the County’s Analysis of Impediments, the
Consolidated Plan and the Housing Authority Plans.
2:4: Improve the parks, recreational centers, trails, libraries,
and all public and community facilities in the County to
provide access to these resources by all residents of the
County.
2.6: Increase public safety, community policing, municipal
services, and public service programs in distressed/problem
areas of the County.
2.7: Remove and eliminate blighting conditions through
demolition of vacant, abandoned and dilapidated structures
infeasible for rehabilitation and provide replacement housing
where determined feasible and or consider for land banking.
2.8: Promote neighborhood revitalization in strategic areas
to improve communities of low wealth and substandard
conditions through acquisition, demolition, rehabilitation,
code enforcement, infrastructure, infrastructure
improvements, housing construction, public and community
facilities improvements, and educational and employment
developmental opportunities.
AR12: 1) Continue to strengthen the intra-
and inter- agency collaboration and
community engagement for addressing
specific needs and shared and or related
goals that include affordable housing. Some
of these include the Family Success Alliance
staffed by the Health Department; Master
Aging Plan, initiatives for the Partnership to
End Homelessness, working with OWASA to
reduce water consumption and increase cost
savings for tenants and homeowners,
transportation, and land use.
2) In consultation with our community
partners, fully utilize our community human
capital assets, areas of expertise and unique
capacities and special powers to facilitate
carrying out the goals and strategies and of
the Orange County Affordable Housing
Strategic Plan: 2016 -2020. This may
include requesting our community partners,
particularly in areas of expertise, to
participate in developing guiding principles,
general guidelines and or design
criteria/considerations for the different types
of housing needed and planned over the five
year period of the Plan. This will include
engaging our Advisory Boards, Authorities
and Commissions and other public and
private partners in their areas of expertise
such as the Orange County Housing Authority
under AR3 above to, our Municipal Partners
and the collective leadership of the Board of
Orange County Commissioners (BOCC).
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A13: 1) Assist low- and moderate-income
households including Section 8 Housing
Choice Voucher Program households
through the Housing Authority in becoming
homeowners by providing down payment
assistance, closing cost assistance, and pre
and post housing counseling training.
2) Develop a similar model for successful
obtainment, maintenance and retention of
rental housing and providers of rental
housing particularly for the Housing Choice
Voucher Program.
A14: Provide a Family Self-Sufficiency
Program for Section 8 Housing Choice
Voucher participants.
A15: Accommodate the development of
group homes, foster care facilities,
transitional housing facilities and other
housing types in appropriate locations to
provide increased opportunities for social
interaction, a de-institutionalized lifestyle,
and gainful employment.
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GOAL 3: Provide permanent and temporary housing
and community and supportive services for
populations with special needs that include the
homeless, older residents, disabled, mentally ill, and
persons with acquired immune deficiency syndrome.
Strategies Action/Recommendation
3.1: Support the coordinated strategies undertaken by the
Partnership to End Homelessness for housing and support
services for homeless persons, and persons who are at risk
of becoming homeless.
3.2: Increase the number of accessible permanent housing
units through new construction and through rehabilitation
of existing housing units and through financial or
development incentives on available vacant and developable
land in the County.
3.3: Continue to enforce the ADA and Fair Housing
requirements for landlords to permit reasonable
accommodations to their rental properties so they become
accessible to tenants who are disabled.
3.4: Support the local Continuum of Care’s (Coca) efforts to
provide emergency shelter, increase support for rapid
rehousing, and permanent supportive housing for persons
and families who are homeless or who are at risk of
becoming homeless.
AR16: Assist and participate in collaborative
efforts in partnership with the local
Continuum of Care and the affordable
housing community and partners to address
the following unmet community needs:
1) an adequate emergency shelter (s)
that can accommodate individuals
and families of mixed composition
and sex and for men;
2) a Domestic Violence shelter
according to best practices and
expertise in meeting the needs of
victims;
3) more permanent supportive housing
for disabled homeless people
including creative and non-traditional
affordable housing options that
reduce cost and provide for more
affordable units; and service needs
of unaccompanied minors/youth.
A17: Make full use of performance data
from the HMIS to help drive program
decision-making and to monitor, evaluate,
and report program and system-wide
performance and gaps of the housing and
service delivery system for the homeless.
A18: Continue to work collaboratively and
review other success models and evidence
based approaches and or programs to
address the following challenges:
1) Identifying landlords willing to rent
to formerly homeless people, with
either short-term rental assistance
or assistance via a rapid rehousing
program or long-term rental
assistance via permanent
supportive housing tenant-based
voucher programs;
2) Bringing rapid rehousing
approaches to scale and providing
adequate funding for rapid
rehousing initiatives; and
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3) Engaging homeless people in
developing a permanent “housing
plan” and in working to improve
their own self-sufficiency, using
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Goal 4: Provide an adequate supply of affordable and
suitable housing options for older residents to age in
place, for those over housed and or priced out due to
market forces, maintenance and other uncontrollable
costs and promote and develop a range of affordable
housing design choices and locations that allow them
to remain in their community of choice in Orange
County.
St rategies Action/Recommendation
4.1 Expand assistance in the retrofitting, repair, and
maintenance of existing homes owned by financially
challenged households, particularly those that are senior
residents.
4.2: Provide financial and educational assistance to
qualified homebuyers; providing education and advocacy
regarding tenants’ rights; and providing financial assistance
to homeowners wanting to install indoor plumbing and/or
connect their properties to public water and sewer facilities.
4.3 Increase the supply of affordable, decent, safe,
sound and accessible housing for senior residents, persons
with disabilities, and persons with other special needs
through rehabilitation of existing buildings and new
construction.
4.4 Improve the accessibility of owner occupied housing
through rehabilitation and improve renter occupied housing
by making reasonable accommodations for the physically
disabled and or develop programs to promote improvement
of substandard renter properties.
4.5 Support social service programs and facilities for the
elderly, persons with disabilities, and persons with other
special needs.
AR19. Expand the County’s Urgent Repair
Program to serve 50 to 60 senior residents
and or persons with disabilities, thereby
substantially reducing or practically
eliminating a long waiting list to serve this
population for urgent housing repair needs.
This would require an additional $150,000
to $200,000 to the current fiscal year
funding level of $75,000 allocated to
complete approximately 25 owner-occupied
housing units of senior households and or
households with persons with a disability.
A20. Implement a priority that of a total
number of assisted units of a project or
program, a certain percentage should serve
extremely low (30% AMI) and very low
income (50%AMI) elderly persons and
persons with a disability.
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GOAL 5: Preserve the current supply of rental housing
stock that is aging and in need of rehabilitation and
upgrading to maintain the existing supply of
affordable units into the future and to prevent the loss
of more affordable housing.
Strategies Action/Recommendation
5.1: Continue to provide financial assistance to low- and
moderate income homeowners to rehabilitate their existing
owner-occupied housing.
5.2: Continue to require that all new housing built or
located in Orange County continues to meet the minimum
standards specified in the State of North Carolina Building
Code, the Orange County Unified Development Ordinance,
the US Department of Housing and Urban Development and
the USDA Rural Development Agency when appropriate.
5.3: Enforce state and local codes and ordinances to bring
buildings into compliance with the standards through
systematic enforcement.
5.4: Conduct Lead Based Paint (LBP) inspections and
assessments as necessary for full compliance with all
applicable LBP regulations and to control or reduce, to the
extent feasible, all LBP hazards in all older housing of the
County.
AR21: Leverage maximum funding through
the North Carolina Housing Finance Agency
Single-Family Rehabilitation Loan Pool
(SFRLP) funds. Each recipient of SFRLP funds
is now eligible with recent program changes
for up to $500,000 (instead of $170K) to
conduct financially-feasible, moderate
housing rehabilitation for households that
are below 80% AMI. Due to the extent of
rehabilitation required for typical older
homes of Orange County applicants, few
homes can be completed based on the state
requirement of only $45K to bring each
home up to code. Additional funds of
$200,000 - $250,000 will allow the County
to complete approximately 10 homes
instead of three (3) homes and fully and
more effectively leverage the state funding.
A22: Review the County’s Minimum
Housing Standards Ordinance in
coordination with the Affordable Housing
Advisory Board to provide recommendations
to the BOCC on making it an effective tool as
intended in fostering compliance with the
Ordinance and preserving the County’s
housing stock of decent safe and sound
housing.
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Goal 6: Affirmatively further fair housing, promote fair
housing choice and improve community wide
knowledge and awareness of the Fair Housing Act,
related laws, regulations, and requirements throughout
the County.
Strategies Action/Recommendation
6.1: Improve the public’s, landlords’, realtors’, bankers’ and
other lenders’, and local officials’ knowledge and awareness
of the Fair Housing Act, related laws, regulations, and
requirements to affirmatively further fair housing in the
community.
6.2: Strive for better intergovernmental cooperation
between Federal and State partners, County, local officials,
as well as community groups, to effectively identify and
address potential barriers to affordable housing choice in
the Orange County Consortium Area.
6.4: Educate and promote that all residents have a right to
live outside impacted areas.
6.5: Require all public, private, and non-profit housing
developers to abide by provisions of the Fair Housing Act in
the development of housing in Orange County.
6.6: The County Planning Department should monitor,
review and revise within the limits of state statutes the local
zoning ordinances as applicable to assure compliance with
the Fair Housing Act.
A23: Continue to strengthen educational
and outreach programs so all persons will
become aware of their rights under the Fair
Housing Act and the County’s Human
Relations Ordinance and raise community
awareness and implementation to address
the full meaning of affirmatively further fair
housing choice, especially for low-income
residents, minorities and the disabled
population.
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GOAL 7: Provide increased access to job opportunities
and skill development for low income residents which
will increase household income, and help promote fair
housing choice.
Strategies Action/Recommendation
7.1: Strengthen partnerships and program delivery that
provides increased employment, self-sufficiency, education,
job training, and technical assistance and economic
empowerment of low and moderate income residents in the
County.
7.2: Enhance the County’s businesses and industries,
expand its tax base, and create a more sustainable economy
for residents and businesses.
7.2: Support and enhance workforce development and skills
training that result in a “livable” wage and increases job
opportunities, especially for low and moderate-income
individuals.
7.3: Support programming that enhances entrepreneurship
and small business development, expansion, and retention
within low- and moderate income areas and minority
neighborhoods.
7.4: Promote and encourage economic development to
increase employment opportunities.
7.5: Increase access to areas of education and employment
through housing choice and viable transportation options.
AR24: Study, plan, and develop additional
bus routes to provide more public
transportation to business “nodes” for low-
income workers and to have better access to
jobs, services, community amenities and
work force development opportunities
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GOAL 8: Continue to provide staffing at a high level
and quality of service for the County with a
commitment to excellence to meet the need for 1)
planning, administering, managing, leveraging and
providing oversight of federal, state, private and local
funded programs and projects and 2) increasing
cooperation and collaboration among public, private
and municipal partners and communities in addressing
affordable housing preservation and development
needs of the region that ultimately affect the quality of
life for all residents.
Strategies Action/Recommendation
8.1: Provide program management and oversight for the
successful administration and leveraging of federal, state,
private and local funded programs and projects; for support
of collaborative initiatives, community engagement; for
support of various Advisory Boards and Authorities and for
research and planning services, special studies and meeting
various environmental, fair housing, and other compliance
requirements with all federal, state, and local laws and
regulations.
AR25: Provide leadership and or support to
staff and the community as needed to
implement the strategies and
recommendations of this Strategic Plan and
related County Plans and activities with the
guidance and approval of the County
Manager and BOCC as needed and required
and with broad community involvement
including the County’s many stakeholders.
AR26: 1) Continue to strengthen internal
management of funded programs and
projects including policies and procedures,
best practices, learning, training and
information sharing, reporting and intra and
interagency practices and coordination by
the Department. This includes listening to,
seeking to understand, continuous
engagement and responsiveness to our
many customers and or partners.
2) Strive to ensure maximum leveraging of
resources, funding and programs to meet
the current and future affordable housing
needs of County residents.
AR27: Monitor, track and report activities
and results of this Strategic Plan to the
BOCC by the Department of Housing,
Human Rights and Community Development
in cooperation and collaboration with other
County Agencies, municipal partners and the
community.
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GOAL 9: Continue to pursue available resources (financial
and non-financial) and assess and implement a County
dedicated funding source(s) needed to provide the financial
resources necessary to address the widening gap in
affordable housing needs and available housing to meet
that need in the County recognizing that lack of a reliable
and on-going source of funding:
1) adver sely impacts an increasing amount of residents that
are low and modest income, seniors, with a disability and
the most vulnerable;
2) seriously constrains and minimizes community efforts to
meet that need;
3) Orange County values inclusive, caring, strong
communities with opportunities for all residents to become
self-sufficient and that affordable housing provides a
fundamental foundation; and
4) available land and existing units loss are opportunities
that may not be regained.
Strategies Action/Recommendation
9.1: Encourage support for the planned County Bond Issue
for schools and affordable housing and continue to increase
community understanding of the need and benefit to the
entire County; that the proposed Bond will not only meet
critical education capital and affordable housing needs of
the County, but will also:
1) provide an increase in jobs,
2) reduce blight and unsafe housing conditions and
strengthen and improve communities;
3) contribute to the local economy by attracting and
retaining a talented, diverse and skilled workforce
needed by employers; and finally,
4) add to the quality of life by reducing the number of
residents who must commute or leave the County to
have affordable housing.
9.2: Continue to support and provide an increased source of
funding beyond federal HOME funding (that still provides an
important resource but has been significantly and
increasingly reduced over the past several years) to the
extent practicable for on-going affordable housing
programs and projects by the County’s local non-profit
housing providers and continue to ensure priority needs are
being met as well as encouraging maximum leveraging and
sustainability.
9.3: Continue to provide and maintain a set aside of funding
for land banking and acquisition opportunities for current
and future affordable housing development.
AR28: The County Manager will assess and
recommend to the BOCC a dedicated
funding source(s) needed and a plan of
implementation to provide a source of
reliable funds for affordable housing
starting with FY2016-17.
AR29: Provide and maintain a set aside of
funding for land banking and acquisition
opportunities and keep this fund
opportunity driven.
AR30: Seek and support opportunities to
partner with community and municipal
partners on: 1) major projects and or
funding applications to federal, state and
private funders and
2) building a stronger and more productive
relationship with local and regional financial
institutions.
AR31: Seek and support opportunities to
partner with community and municipal
partners in carrying out the strategies and
actions of this Plan.
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GOAL10: Encourage and support intergovernmental
coordination, cooperation and collaboration in the
provision of affordable housing in Orange County
recognizing the greatest success, efficiencies and
benefit County and region wide to all our current and
future residents will be achieved through multi-
jurisdictional efforts now and into the future.
Strategies Action/Recommendation
10.1: Continue to expand collaboration among staff,
communities, educational institutions and elected officials of
municipalities in the region to meet the critical human and
region wide need of affordable housing and to support where
feasible the goals and strategies of this Strategic Plan.
10.2: Continue to build on the relationships between the
County and Towns and neighboring jurisdictions as applicable
to ensure that future housing meets the broad range of needs
of our communities and that these needs are met in the most
efficient, effective, and equitable manner, and that new
affordable housing developments and improvements enhance
the County’s and each municipalities’ unique quality of life and
community character.
10.3: Work collaboratively with municipal partners, the
university community, the nonprofit community and the private
sector to develop effective outreach and community building
strategies that increase public, private and for-profit
investment and support for affordable housing in the region.
AR32: Continue and strengthen the
County’s and Towns’ joint assessment
and planning to obtain federal and other
funding and public and private resources
sources to provide assistance as needed
to households earning lower incomes
and or to residents with special needs
and to our extremely vulnerable
residents.
AR33: Continue collaboration and
information exchange and to seek
opportunities for joint efforts between
the jurisdictions in addressing
community needs and in maximizing
utilization of resources and community
benefit. This includes where feasible
funding, planning, training, problem
solving, civic engagement and
identifying and building other
community partnerships as needed to
meet affordable housing and related
community wide needs.
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