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ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Monday, October 17, 2016
Special Meeting – 7:00 pm
(This meeting is a make-up for the October 5 regular meeting which was canceled due to quorum issues)
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 3 - 4 INFORMATIONAL ITEMS
a. Planning Calendar for October and November
• Nov. 2 Regular Planning Board Meeting
• Nov. 21 Quarterly Public Hearing
3.
5 – 6
7 - 9
APPROVAL OF MINUTES
September 7, 2016 ORC Notes
September 7, 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
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2
No. Page(s) Agenda Item
7. 10 - 105 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To review
revisions suggested at the September 12 quarterly public hearing and
make a recommendation to the BOCC on government-initiated
amendments to the text of the UDO that would modify existing
regulations that pertain to the Hillsborough Economic Development
District.
Presenter: Perdita Holtz, Planning Systems Coordinator
8. 106 - 224 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation to the BOCC on government-initiated amendments to
the text of the UDO pertaining to subdivisions, particularly minor
subdivisions, flexible development options, and open space. This item is
scheduled for the November 21, 2016 quarterly public hearing.
Presenter: Patrick Mallett, Planner II
9.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
10. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR
PERDITA HOLTZ (919-245-2578).
2
< September October 2016 November >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1
Notes:
* Planning Board Member Attendance Required or
Expected
WCOB = West Campus Office Building (131 W.
Margaret Lane, Hillsborough)
2 3 4 5 6 7 8
Regular BOCC
Meeting
7:00 pm
Whitted
Building
Planning Board
meeting @
7:00 pm
WCOB 004*
(Canceled due
to quorum
issues)
BOCC Work
Session
7:00 pm
Whitted
Building
9 10 11 12 13 14 15
Board of
Adjustment
7:30 pm
WCOB 004
BOCC/ Town of
Carrboro Joint
Meeting
7:00 pm
Southern
Human
Services
Center
16 17 18 19 20 21 22
Special
Planning Board
meeting @
7:00 pm
WCOB 004*
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Center
OUTBoard
meeting @
6:30 pm
WCOB 004
23 24 25 26 27 28 29
30 31
3
< October November 2016 December >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
Regular BOCC
Meeting
7:00 pm
Whitted
Building
Planning Board
meeting @
7:00 pm
WCOB 004*
6 7 8 9 10 11 12
Board of
Adjustment
7:30 pm
WCOB 004
BOCC Work
Session
7:00 pm
Southern
Human
Services
Center
13 14 15 16 17 18 19
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Center
OUTBoard
meeting @
6:30 pm
WCOB 004
Assembly of
Governments
7:00 pm
Whitted
Building
20 21 22 23 24 25 26
Quarterly
Public Hearing
7:00 pm
Whitted
Building*
Holiday Holiday
27 28 29 30
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
4
1
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 SEPTEMBER 9, 2016 3
ORDINANCE REVIEW COMMITTEE 4
5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large, Chapel Hill Township; Tony Blake (Vice-chair), Bingham Township 8
Representative; 9
10
11 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning 12
Systems Coordinator; Ashley Moncado, Special Projects Planner; Patrick Mallett, Planner II, Rachel McCook, Planner I; Molly 13
Boyle, Planning Technician; Meredith Pucci, Administrative Assistant II. 14
15
16 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 17
18
Lydia Wegman called meeting to order. 19 20
21 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – TABLE OF PERMITTED USES 22
To review and comment upon proposed amendments to the Table of Permitted Uses that will clarify 23
permitted and prohibited uses. 24
Presenter: Michael Harvey, Current Planning Supervisor 25
26
Mr. Harvey reviewed the abstract. 27
28
Lydia Wegman asked if there had been any issues so far. Michael Harvey answered that there haven’t been yet but there a 29
few issues he can see happening soon. 30
31
32 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SUBDIVISION REGULATIONS 33
To review and comment upon proposed amendments to the UDO pertaining to subdivisions, particularly 34
minor subdivisions. 35 Presenter: Patrick Mallett, Planner II; Rachel McCook, Planner I; Molly Boyle, Planning Technician 36
37
Patrick Mallett reviewed the abstract. 38
39
Allen Clapp presented 40
41
Lydia Wegman asked about what can be on top of these systems. Allen Clapp answered people can walk on them, just no 42
vehicles. Patrick Mallett elaborate that there are fences or possibly hedgerows around them to prevent vehicles. Tony Blake 43
asked how long the supply lines last. Allen Clapp informed him they last indefinitely unless they’re exposed to UV. Tony Blake 44
inquired about putting some of these alternative systems into the commercial areas where there’s a growing issue with septic 45
systems failing. Allen Clapp explained that they would be able to do that now with the new rules but Patrick Mallett explained 46
there are some zoning and other issues making it difficult to get done. 47
48
Molly Boyle presented 49
50
Lydia Wegman asked if the cluster and flexible developments are going to be merged. Molly Boyle confirmed they are. 51
52
Patrick Mallett continued presentation after break for Planning Board meeting. 53
54
5
2
Tony Blake asked how it would affect the buffers. Patrick Mallett advised that it wouldn’t to begin with because minor 55
subdivisions don’t have that but the trade off is the open space requirement. Tony Blake mentioned subdivisions that aren’t 56
finished yet and asked if they would be able to convert the remaining space to something like this. Patrick Mallett answered 57
that what’s likely to drive that is the soil and whether the subdivisions were built on private or public roads. Patrick also 58
informed him that the road is cumulative and that’s why 12 is the cap and if you go above 12 you have to have a public road. 59
Michael Harvey added that it would be on a case-by-case basis for a multitude of reasons. 60
61
Craig Benedict added that the examples being presented are just graphics and it’s likely these clusters will not be so close to 62
the road. The idea is to create more open space and give it rural character. 63
64
Patrick Mallett concluded presentation 65
66
Rachel McCook presented 67
68
Lydia Wegman asked if they’ve gotten feedback from developers. It was confirmed that they have and Patrick Mallett added 69
that they’ve been working with a couple pretty consistently. 70
71
There was discussion about farmers selling part of their land and subdividing it, as long as they still had enough to live off of. 72
73
Lydia Wegman confirmed that there was not going to be a change to the rural buffer with this. 74
75 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – RURAL MASTER PLAN CONDITIONAL 76 ZONING DISTRICT 77
To review and comment upon proposed amendments to the UDO that would establish a Rural Master 78
Plan Conditional Zoning District (CZD). 79
Presenter: Michael Harvey, Current Planning Supervisor 80
81
Michael Harvey reviewed abstract 82
83
Lydia Wegman asked if the Village District would be rewritten. Michael Harvey confirmed that’s what he plans on trying to do. 84
85
86
87 AGENDA ITEM 5: ADJOURNMENT 88
89
Meeting was adjourned by consensus 90
91
___________________________________ 92
Lydia Wegman, Chair 93
6
1
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 SEPTEMBER 7, 2016 3
REGULAR MEETING 4 5
6 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Tony Blake (Vice-Chair), 7
Bingham Township Representative; Maxecine Mitchell, At-Large Bingham Township; Lisa Stuckey, Chapel Hill 8
Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia Roberts, Cheeks Township 9
Representative; 10 11 12 MEMBERS ABSENT: Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 13
Representative; Laura Nicholson, Eno Township Representative; Kim Piracci, At-Large; 14
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; 17
Planning Systems Coordinator; Ashley Moncado, Special Projects Planner; Patrick Mallett, Planner II, Rachel 18
McCook, Planner I; Molly Boyle, Planning Technician; Meredith Pucci, Administrative Assistant II 19
20
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 21 22
Lydia Wegman called the meeting to order. 23
24
25
AGENDA ITEM 2: INFORMATIONAL ITEMS 26
a) Planning Calendar for September and October 27
28
Lydia Wegman noted that next Monday, September 12 there is the quarterly public hearing. Also the next Planning 29
Board meeting will be on October 5th. 30
31
32 AGENDA ITEM 3: APPROVAL OF MINUTES 33 AUGUST 3, 2016 REGULAR MEETING 34 35 MOTION by Tony Blake to approve the August 3, 2016 Planning Board minutes. Seconded by Lisa Stuckey. 36 VOTE: UNANIMOUS 37 38 39 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA 40 41
No additions to Agenda 42 43 AGENDA ITEM 5: PUBLIC CHARGE 44 45 Introduction to the Public Charge 46
The Board of County Commissioners, under the authority of North Carolina General Statute, 47
appoints the Orange County Planning Board (OCPB) to uphold the written land development 48
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 49
harmonious development. OCPB shall do so in a manner which considers the present and 50
future needs of its citizens and businesses through efficient and responsive process that 51
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 52
will make every effort to uphold a vision of responsive governance and quality public services 53
during our deliberations, decisions, and recommendations. 54
7
2
55
56 PUBLIC CHARGE 57
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 58
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 59
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 60
public charge, the Chair will ask the offending member to leave the meeting until that individual 61
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 62
until such time that a genuine commitment to this public charge is observed. 63
64
65 AGENDA ITEM 6: CHAIR COMMENTS 66
67
No comments 68
69 Agenda Item 7: Unified Development Ordinance (UDO) Text Amendment - To review revisions suggested 70
by the Attorney’s office after the August 3 Planning Board meeting (where this text 71
amendment was previously acted upon) and make a recommendation to the BOCC on 72
government-initiated amendments to the text of the UDO that would modify existing 73
regulations that pertain to the Hillsborough Economic Development District. This item is 74
scheduled for the September 12, 2016 quarterly public hearing. 75 Presenter: Perdita Holtz, Planning Systems Coordinator 76
77
Perdita Holtz reviewed the abstract. 78
79
Tony Blake: I have a question here because it says that it’s a change in the list but it looks like the change is wrong. 80
The 7 and 8 should have been deleted and the green 9 should have been a 7. 81
82
Perdita Holtz: Well yes, but the list is generated automatically through a styling of the document and so if you delete 83
7 and 8 it doesn’t automatically update. It will change. 84
85
Perdita Holtz continued presentation. 86
87
Lydia Wegman: Why did the attorney feel that change was needed? 88
89
Perdita Holtz: He seemed to feel that by definition accessory uses are allowed in all zoning districts and limiting an 90
accessory use to only one type of use is not really kosher in his view. 91
92
Lisa Stuckey: So could you have a freestanding restaurant, or does it have to be part of something else? 93
94
Perdita Holtz: You could not have a freestanding restaurant by right. You’d have to go through the MPDCZ process. 95
96
Perdita Holtz continued presentation. 97
98
99 MOTION by Tony Blake to approve the Statement of Consistency. Seconded by Lisa Stuckey. 100 VOTE: UNANIMOUS 101
102 MOTION by Lisa Stuckey to approve the amendment package. Seconded by Tony Blake. 103 VOTE: UNANIMOUS 104
105 Agenda Item 8: Unified Development Ordinance (UDO) Text Amendment - To review revisions suggested 106
by the Attorney’s office after the August 3 Planning Board meeting (where this text 107
amendment was previously acted upon) and make a recommendation to the BOCC on 108
8
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government-initiated amendments to the text of the UDO that would establish use standards 109
to allow certain principal uses to include a small component of other specific uses in the 110
O/RM (Office/Research and Manufacturing) zoning district. This item is scheduled for the 111
September 12, 2016 quarterly public hearing. 112 Presenter: Ashley Moncado, Planning Systems Coordinator 113
114
Ashley Moncado reviewed the abstract. 115
116
Lydia Wegman: There are no substantive changes here? 117
118
Ashley Moncado: No, it was the same intent, same concept. They were just reworded differently. 119
120
121 MOTION by Maxecine Mitchell to approve the Statement of Consistency and amendment package. Seconded by 122
Tony Blake. 123 VOTE: UNANIMOUS 124
125
126 AGENDA ITEM 9: COMMITTEE/ADVISORY BOARD REPORTS 127
128
a) Board of Adjustment 129
b) Orange Unified Transportation 130
131
Tony Blake agreed to be a liaison to Board of Adjustment. 132
133
AGENDA ITEM 10: ADJOURNMENT 134 135
Planning Board meeting was adjourned by consensus. 136
137
138
____________________________________
Lydia Wegman, Chair
9
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 17, 2016
Action Agenda
Item No. 7
SUBJECT: Unified Development Ordinance (UDO) Amendments – Hillsborough Economic
Development District
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Comprehensive Plan and Unified Development
Ordinance (UDO) Amendment Outline Form
2. Statement of Consistency
3. Proposed Amendments
Perdita Holtz, Planner III, 245-2578
Craig Benedict, Director, 245-2575
Michael Harvey, Planner III, 245-2597
4. NAICS Code
PURPOSE: To review revisions incorporated in response to comments made at the September
12 quarterly public hearing and to make a recommendation to the BOCC on government-
initiated amendments to the text of the UDO that would modify some development standards,
types of permitted uses, and use standards within the Hillsborough Economic Development
District (EDD).
BACKGROUND: In response to comments made at the September 12 quarterly public hearing,
staff has modified the proposed text amendments pertaining to the EDH zoning districts. The
comments pertained to:
• A suggestion that drive through facilities be allowed in all EDH zoning districts. A current
Development Standard in the Article 3 charts prohibited such facilities in each of the EDH
district. This prohibition is proposed for deletion.
• Removal of certain Manufacturing uses that are listed in the NAICS Code but not desired
as permitted uses in the Hillsborough Economic Development District. In consultation
with the Attorney’s office, staff has achieved this revision by undertaking a more
comprehensive amendment to the Permitted Use Tables in Section 5.2 of the UDO. The
proposed amendments now include revisions to the tables for General Use and
Conditional Zoning Districts because the way in which Manufacturing uses are listed
should be consistent among the various tables.
o As a reminder, staff is currently working on a comprehensive overhaul to all of the
Tables of Permitted Uses in order to bring the UDO into better compliance with a
judicial decision (Byrd v. Franklin County). Therefore, the current proposed
amendments, if adopted, may undergo further amendments as part of the
comprehensive effort.
The BOCC deferred action on the text amendments (and the related rezoning) until the
November 1, 2016 BOCC meeting to give staff time to incorporate revisions and time for the
Planning Board to review the revisions. The Planning Board previously considered these
amendments at its August 3 and September 7 meetings. Materials for these meeting are
10
available at:
http://www.orangecountync.gov/departments/planning_and_inspections/orange_county_plannin
g_board_(pb).php#4582
The video for the quarterly public hearing is available at:
http://www.orangecountync.gov/departments/board_of_county_commissioners/videos.php.
Attachment 4 contains the NAICS (North American Industry Classification System) in its entirety.
It should be noted that not all of the sectors listed in the NAICS Code are included in the UDO.
For example, neither Sector 21 (Mining, Quarrying, and Oil and Gas Extraction) nor Sector 22
(Utilities) is used in the UDO. The only portions of the NAICS Code relevant to the UDO are
those Sector numbers listed in the UDO’s Tables of Permitted Uses.
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.
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
FY2016-17 Departmental funds budgeted for this purpose. Existing Planning staff included in
the Departmental staffing budget will accomplish the work required to process this amendment.
RECOMMENDATION: The Planning Director recommends the Planning Board:
1. 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 November 1, 2016
BOCC meeting.
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2016-02
Text Modifications to Regulations Pertaining to the Hillsborough
Economic Development District
A. AMENDMENT TYPE
Map Amendments
Future Land Use 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 3.7 – Economic Development Districts
Section 5.2.1 – Table of Permitted Uses – General Use Zoning
Districts (added after September 12, 2016 quarterly public hearing)
Section 5.2.2 – Table of Permitted Uses – Economic Development
Districts
Section 5.2.3 - Table of Permitted Uses – Conditional Zoning
Districts (added after September 12, 2016 quarterly public hearing)
Section 5.5 – Standards for Residential Uses
Section 5.6 – Standards for Commercial Uses
Section 6.7.5 – Additional Standards for MPD-CZ; Specific
Standards for Hillsborough EDD
Attachment 1 12
2
Other:
B. RATIONALE
1. Purpose/Mission
In order to better promote economic development opportunities in the Hillsborough
Economic Development District (EDD), the Planning Director is suggesting
consideration of UDO text amendments to modify development standards, types of
permitted uses, and use standards.
2. Analysis
Text modifications to existing standards that regulate development in the
Hillsborough EDD would aid the County in promoting economic development
opportunities within the EDD. Plans for County investment in water and sewer
infrastructure to parcels south of Interstate 40 and in the vicinity of Old Highway 86
are underway and these UDO text amendments focus on this geographic area.
Funding for the infrastructure expansion is from Article 46 sales tax money which is
to be used for economic development purposes.
The proposed text amendments would allow for more projects, including mixed
development projects, to be permitted “by-right”, subject to all applicable standards
contained within the UDO. The amendments would also remove single-family and
duplex residential uses as by-right permitted uses within the Hillsborough EDD. This
action would preserve expected water and sewer capacity within the EDD for non-
residential uses. Additionally, multi-family uses would be permitted by-right only if the
use is a small part of a mixed-use development project. Residential-only projects or
projects exceeding the proposed multi-family square footage limitation could
potentially be permitted in the Hillsborough EDD if approved as an MPD-CZ or
Conditional Use District.
Retail uses are proposed to be added as by-right permitted uses in the EDH-4 and
EDH-5 zoning districts. Currently, no lands are zoned EDH-4 or EDH-5. Retail uses
would be permitted by-right only if they are part of a mixed use development project
and would be subject to square footage limitations. Stand-alone retail uses could
potentially be permitted in the Hillsborough EDD if approved as an MPD-CZ or
Conditional Use District.
Other modifications to the Table of Permitted Uses (Section 5.2.2) have been
proposed and are included in the amendment package in Attachment 3. Additionally,
in response to comments made at the September 12, 2016 quarterly public hearing
regarding the removal of certain uses listed in the NAICS Code from consideration in
the Hillsborough EDD, the Tables of Permitted Uses for General Use Districts (5.2.1)
and Conditional Zoning Distracts (5.2.3) have also been suggested for modifications.
These modifications have been proposed because the Attorney’s office has
suggested that the way in which Manufacturing uses are listed should be consistent
among the various tables.
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3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
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. (See also Land Use Objective LU-1.1 and Water and Wastewater Objective
WW-5.)
Objective ED-2.5:
Identify lands suitable to accommodate the expansion and growth of commercial and
industrial uses in the County.
Objective ED-2.7:
Select industrial sites in Economic Development Areas based on present and
planned supporting systems, such as public water and sewer, access to adequate
highway, rail, or public transportation infrastructures, and minimize detrimental
environmental or negative social outcomes. (See also Water and Wastewater
Objective WW-15.)
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.
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. (See also Economic Development
Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater Objective WW-2.)
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
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April 19, 2016
b. Quarterly Public Hearing
September 12, 2016 – video is available
at http://www.orangecountync.gov/departments/planning_and_inspections/orang
e_county_planning_board_(pb).php#. Six people spoke on the three related
Hillsborough EDD items; one person had substantive comments about
manufacturing uses – the revisions being proposed may alleviate this person’s
concerns.
c. BOCC Updates/Checkpoints
July 6, 2016 – Planning Board ORC (Ordinance Review Committee) (BOCC
receives agenda)
August 3, 2016 – Planning Board Meeting for Recommendation (BOCC receives
agenda)
September 7, 2016 – Planning Board Meeting for Recommendation on edits
made after August 3 meeting (BOCC receives agenda)
October 5, 2016 - Planning Board Meeting for Recommendation on revisions
made in response to comments at the September 12 quarterly public
hearing (BOCC receives agenda)
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements. Additionally, a public information meeting
(PIM) was held on July 26, 2016. The PIM covered all three related items scheduled
for the September QPH (modifications to the joint plan with the Town of Hillsborough,
a related rezoning action, and the proposed text amendments).
a. Planning Board Review:
July 6, 2016 – Ordinance Review Committee (ORC) – Notes available
at http://www.orangecountync.gov/departments/planning_and_inspections/
orange_county_planning_board_(pb).php#
August 3, 2016 – Recommendation – Substantial discussion, including public
comment that encompassed all three related items but was related
primarily to the proposed rezoning action, occurred at the Planning Board
meeting. Planning Board Minutes are available
at http://www.orangecountync.gov/departments/planning_and_inspections/
orange_county_planning_board_(pb).php#. Six people attended the
Planning Board meeting for the three related Hillsborough EDD items.
September 7, 2016 – Recommendation on edits made after August 3 meeting
(Draft Minutes are part of the October 5 Planning Board agenda for action)
October 5, 2016 - Recommendation on revisions made in response to comments
at the September 12 quarterly public hearing
b. Advisory Boards:
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5
Economic Development Advisory Board
(Sent via e-mail on July 11 because the
EDAB does not meet again until
September. To date, one question
pertaining to whether hotels would still
be allowed in the EDD was asked and
answered )
c. Local Government Review:
Staff has worked jointly with the Town of
Hillsborough’s staff on the three related items.
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of county services. Costs for the mailing and required legal advertisement
will be paid from FY2016-17 Departmental funds budgeted for this purpose. Existing
Planning staff included in the Departmental staffing budget will accomplish the work
required to process this amendment.
General Public: A public information meeting (PIM) that covered all three
related items (modifications to the joint plan with the Town of
Hillsborough, a related rezoning action, and the proposed
text amendments) was held on July 26, 2016. Notices
regarding the PIM and Planning Board meetings were
mailed to affected and adjacent (1,000-foot boundary)
property owners on July 11. Five people attended the PIM.
Signs for the related rezoning advertising the Planning
Board meeting were posted in the area affected by the
proposed amendments on July 21.
Notices regarding the Public Hearing for the related rezoning
action were mailed to affected and adjacent (1,000-foot
boundary) property owners on August 26. Signs for the
related rezoning advertising the Public Hearing were posted
in the area affected by the proposed amendments on August
30.
Small Area Plan Workgroup:
Other:
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D. AMENDMENT IMPLICATIONS
Staff is proposing to modify existing regulations that apply to the Hillsborough EDD so
that the County can better promote the EDD, particularly the portion of the EDD south of
I-40 in the vicinity of Old Highway 86, for economic development purposes.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 3.
Primary Staff Contact:
Perdita Holtz and Craig Benedict
Planning & Inspections Department
919-245-2575
pholtz@orangecountync.gov
or cbenedict@orangecountync.gov
17
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 some development standards, types of permitted uses, and use standards
within the Hillsborough Economic Development District (EDD).
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:
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. (See also Land Use Objective LU-1.1 and Water and Wastewater Objective
WW-5.)
Objective ED-2.5:
Identify lands suitable to accommodate the expansion and growth of commercial
and industrial uses in the County.
Objective ED-2.7:
Select industrial sites in Economic Development Areas based on present and
planned supporting systems, such as public water and sewer, access to adequate
highway, rail, or public transportation infrastructures, and minimize detrimental
environmental or negative social outcomes. (See also Water and Wastewater
Objective WW-15.)
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.
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. (See also Economic
Development Objectives ED-2.1, ED-2.3, ED-2.10, and Water and Wastewater
Objective WW-2.)
Attachment 2
18
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan
goals.
c. The amendment is reasonable and in the public interest because it:
1. Assists Orange County in promoting the Hillsborough EDD to economic
development prospects.
2. Continues to protect adjacent and nearby land uses by implementing new,
and maintaining a myriad of existing, development standards in the
County’s UDO.
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
19
Amendment Package to Revise Regulations Pertaining to the
Hillsborough Economic Development District
Notes
The pages that follow contain amendments to the Unified Development Ordinance (UDO) text to
revise various regulations that pertain to the Hillsborough Economic Development District
(EDD). The modifications are being proposed in order to aid the County in better promoting
economic development opportunities within the Hillsborough EDD.
The following color coding is used in this amendment package:
Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO.
Red Strikethrough Text: Denotes existing text that staff is proposing be deleted from the
UDO.
*: Denotes an existing asterisk in Section 5.2, Table of Permitted Uses, that staff is
suggesting be deleted.
Yellow Highlighted Text: Denotes revisions made after the August 3rd Planning Board
meeting.
Green Highlighting: Denotes changes in automatic alpha or numeric lists that are difficult
to indicate in the text due to the “Styling” properties of the master Microsoft Word
document.
Green text/strikethrough: Denotes revisions made in response to comments received at
the September 12, 2016 quarterly public hearing.
Some of the proposed changes utilize footnotes to provide a brief explanation as to rationale.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://orangecountync.gov/planning/Ordinances.asp
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of the
text/sections downward.
Some text on the following pages has a large “X” through it to denote that these sections are not
part of the amendments under consideration. The text is shown only because in the full UDO it
is on the same page as text proposed for amendment. Text with a large “X” is not proposed for
deletion; proposed deletions are shown in strikethrough text.
20
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-52
EDH-1
ECONOMIC DEVELOPMENT
HILLSBOROUGH LINEAR OFFICE
DIMENSIONAL STANDARDS
Lot size, min., (square
feet) 20,000
Lot Width, min. (feet) 100
PURPOSE
Front Setback from ROW,
min. (feet) 50
The purpose of the Economic Development Hillsborough Linear
Office (EDH-1) District is to provide locations for low to moderately
intense medical, professional, administrative and government office
on small to mid-sized sites in the designated Hillsborough Economic
Development District.
The district is intended to be located on the periphery of established
residential areas and along major and minor thoroughfares. The
district is established to provide convenient locations for offices, the
size and operating characteristics of which require limited parking
and which generate little traffic.
Standards are designed so that this district may serve as a
transitional land use between residential districts and higher, more
intense land uses.
APPLICABILITY
This district will usually be applied where the following conditions
exist:
1. This district will be applied in the Hillsborough Economic
Development District.
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of
the development approval process.
Side Setback, min. (feet) 15 [1]
Corner Setback, min.
(feet) 40 [1] [2]
Rear Setback, min. (feet) 50 [1]
Height, max. (feet) 30 [3]
DIMENSIONAL STANDARDS NOTES:
[1] 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.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use
Floor Area Ratio, max.
R-CU[4]
NR .45
NR-CU .50
Required Open Space
Ratio, min. .55
Required Livability Space
Ratio, min. R-CU .55
Gross Land Area,
min./max.
(square feet)
none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
21
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-53
EDH-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the EDH-1 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. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD-CZ (see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
4. 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.
5. 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.
6. Residential uses are not permitted in this district.
7. No drive through facilities may be constructed in this district.1
8. A justification for any deviation to development standards must state a public benefit or purpose.
9. Structures in this district shall not exceed 5,000 square feet in gross floor area.
10. If the hours of operation are to be outside of the hours of 6:00 a.m. until 11:00 p.m., a Class A Special Use Permit
shall be required.
11. When a site within this district adjoins the exterior boundary of the Hillsborough Economic Development District, the
perimeter buffer width along the exterior boundary line may be reduced to 50 feet. Landscaping in accordance with
Section 6.8.12 shall be installed.
12. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
13. 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.
14. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
15. See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.
1 The prohibition of drive-through facilities in the Hillsborough EDD was discussed by BOCC members at the
quarterly public hearing. As a result of the discussions, the prohibition is being proposed for deletion. Deletion of
this standard will cause the automatic renumbering of remaining standards (e.g., existing #8 will become #7, and
so on).
22
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-54
EDH-2
ECONOMIC DEVELOPMENT
HILLSBOROUGH LIMITED OFFICE
DIMENSIONAL STANDARDS
Lot size, min./max., (acres
square feet))
2 / 5 30,0002
Lot Width, min. (feet) 200
PURPOSE
Front Setback, from ROW,
min. (feet) 50
The purpose of the Economic Development Hillsborough Limited
Office (EDH-2) District is to provide locations for low intensity office
uses and supporting services in the designated Hillsborough
Economic Development District. The district may contain limited
commercial uses within employment centers or where vehicular
access is provided internally to the development.
APPLICABILITY Side Setback, min. (feet) 20 [1]
This district will usually be applied where the following conditions
exist:
1. This district will be applied in the Hillsborough Economic
Development District.
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of
the development approval process.
Corner Setback, min.
(feet) 50 [1] [2]
Rear Setback, min. (feet) 40 [1]
Height, max. (feet) 60 [3]
DIMENSIONAL STANDARDS NOTES:
[1] 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.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use
Floor Area Ratio, max.
R-CU [4]
NR .45
NR-CU .50
Required Open Space
Ratio, min. .55
Required Livability Space
Ratio, min. R-CU .50
Gross Land Area,
min./max
(square feet)
none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
EDH-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the EDH-2 District in Section 5.2, unless a Conditional Use (CU) or
2 In order to promote economic development opportunities, Staff is suggesting removing the 5 acre maximum lot
size and lowering the minimum lot size to 30,000 square feet (0.69 acres). A 2-acre minimum lot size for projects
that must be located on public water and sewer (see #2 under Applicability) is relatively large.
23
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-55
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. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD-CZ (see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
4. 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.
5. 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.
6. Residential uses are not permitted in this district.
7. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved
through a Special Use Permit, Class A process regardless of use.
8. All zoning lots greater than 2.0 acres shall only be approved through a Special Use Permit, Class A process
regardless of use.3
9. Any nonresidential use within two hundred feet of a residential subdivision a lot smaller than 2 acres in size with an
existing dwelling unit shall require a Special Use Permit, Class A.4
10. Direct driveway access to an arterial or major collector shall be prohibited. A frontage or service road shall be
dedicated and constructed to provide access along all arterials or major collectors. Direct driveway access to an
arterial or major collector shall be limited to shared driveways, limited access streets, or marginal access streets
except where such a driveway and/or street would a) cross a stream and require a no-rise certification from the NC
Department of Public Safety National Flood Insurance Program or, b) be located on a slope greater than 15%, or c)
disturb natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC.5
11. No drive through facilities may be constructed in this district.6
12. A justification for any deviation to development standards must state a public benefit or purpose.
13. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
14. 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.
15. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
16. See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.
3 In order to promote economic development opportunities, Staff is suggesting deletion of standards 7 and 8 which
require a Class A Special Use Permit for projects above a certain size. Staff notes that standard #9 is suggested to
remain in place; this standard requires a Class A Special Use Permit for any nonresidential use located within 200-
feet of an existing residential use on a smaller lot size. Typically, SUPs are used to require that a specific type of
use (e.g., utility substations or wireless communication towers) be required to prove, in a quasi-judicial setting,
that the use will meet the standards found in Section 5.3.2 of the UDO. It is unusual to require any use that
reaches a certain size or that is located on a lot smaller or larger than a certain size be required to obtain a SUP. It
should be noted the deletion of standards 7 and 8 will cause the automatic renumbering of the remainder of the
list below 8 (e.g., existing #9 will become #7 if 7 and 8 are deleted, and so on).
4 The Attorney’s office has advised that the term “residential subdivision” is vague and should be revised to a more
definitive standard, particularly since the idea in #9 is proposed to be applied to EDH-3. The lot size suggested (2
acres or smaller) is being suggested because the vast majority of existing residential uses near EDH zoning
boundaries are located on lots smaller than 2 acres in size. It should also be noted that Section 6.8.12(C) requires
additional landscaped buffers at the perimeter of the EDDs and adjacent to interstates and certain roadways.
5 Staff is suggesting revised language because existing language provides no by-right flexibility to the requirement
for frontage (or backage) roads in cases where site features might warrant flexibility in the requirement. The
terms limited access street and marginal access street are existing terms and definitions in the UDO. Additionally,
staff will bring an Amendment Outline Form to the BOCC after the summer break to receive authorization to
develop an Access Management Plan for Hillsborough EDD. Section 2.5.3(V) of the UDO requires that site plan be
in compliance with adopted access management plans; having an adopted access management plan will allow staff
to require that parcels reserve access easements for future connectivity.
6 Deletion of this standard will cause the automatic renumbering of standards currently below it.
24
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-56
EDH-3
ECONOMIC DEVELOPMENT
HILLSBOROUGH LIMITED OFFICE
WITH RESIDENTIAL 7
DIMENSIONAL STANDARDS
Lot size, min./max.,
(acres) 2 / 5 [1] 1 8
Lot Width, min. (feet) 200
PURPOSE
Front Setback,from
ROW, min. (feet) 50
The purpose of the Economic Development Hillsborough Limited
Office with Residential (EDH-3) District is to provide locations for low
to moderate intensity office uses and supporting services in the
designated Hillsborough Economic Development District. The
district may contain low to moderate density multi-family residential
uses (1-8 6-12 units per acre)9.
APPLICABILITY Side Setback, min. (feet) 20 [2]
This district will usually be applied where the following conditions
exist:
1. This district will be applied in the Hillsborough Economic
Development District.
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of
the development approval process. EXCEPTION: Single-family lots
located south of I-40 may use ground absorption septic systems on
minimum size lots of 40,000 square feet provided at least 33% of the
tract is preserved as open space.
Corner Setback, min.
(feet) 50 [2] [3]
Rear Setback, min. (feet) 40 [2]
Height, max. (feet)
R [4] 35 [5] [6]
NR 60 [5]
DIMENSIONAL STANDARDS NOTES:10
[1] Resultant single-family lot sizes shall be a minimum of 7,500
square feet and a maximum of 14,000 square feet if connected to
public sewer.
[2] Required side and rear setbacks adjacent to residentially zoned
land shall be equal to the required side or rear setback of the
Floor Area Ratio, max.
R-CU [4]
NR .50 .60
NR-CU .55 .65 12
Required Open Space
Ratio, min. .50
7 Staff is suggesting a change in the name of this district, as indicated. As proposed revisions in Section 5.2 show,
staff is recommending that single-family and two-family dwellings be removed as permitted uses in this district. As
such, references on this page to these types of residential uses are being shown for deletion.
8 In order to promote economic development opportunities, Staff is suggesting removing the 5 acre maximum lot
size and lowering the minimum lot size to 1 acre. A 2-acre minimum lot size for projects that must be located on
public water and sewer (see #2 under Applicability) is relatively large.
9 This is the existing density stipulated in Section 5.2 for multi-family residential in the Hillsborough EDD. Staff is
recommending that single-family and duplex residential uses be removed as a permitted use in this district and
that multi-family uses would be permitted only as a small component of a multi-use development (see proposed
Section 5.5.10)
10 Removal of [1] will cause subsequent renumbering and updates to the relevant note number in the table to the
right.
25
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-57
adjacent residential district.
[3] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[4] R = Residential uses; NR = Non-residential uses.
[5] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[6] Multi-family structures shall be limited to a two three-story
maximum.11
Required Livability Space
Ratio, min. R-CU .45
Gross Land Area,
min./max.
(square feet)
none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
EDH-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the EDH-3 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. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD-CZ (see Section 3.8).
3. Parcels existing as of April 17, 2001 containing cumulatively more than 2 acres shall only be developed through a
MPD-CZ process or after obtaining a Special Use Permit, Class A approval. 13
4. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
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. 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.
7. 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).
8. Single family uses shall adhere to the requirements for Flexible Development Subdivisions in Section 7.13.14
9. Duplex and multi-family uses shall be connected to a public water and public sewer system.15
10. A structure or structures exceeding 20,000 square feet cumulatively on one zoning lot shall only be approved
through a Special Use Permit, Class A process regardless of use.
11. All zoning lots greater than 2.0 acres shall only be approved through a Special Use Permit, Class A process
regardless of use. Any nonresidential use within two hundred feet of a property line of an existing dwelling unit
located on a lot smaller than 2 acres in size shall require a Special Use Permit, Class A.16
12 Staff is suggesting increases in Floor Area Ratios (FAR) in this district. The suggested ratios are in keeping with
the FAR allowed within the higher-intensity districts that can be applied to lands within the Commercial-Industrial
Transition Activity Nodes (CITAN)
11 Staff is suggesting that multi-family structures be allowed to be three stories tall rather than two. Three stories
has become fairly typical in the region for this type of residential product.
13 Staff is suggesting removal of this standard in order to better promote economic development opportunities. It
should be noted the deletion of standards 3, 8, 9, and 10 and insertion of #13 will cause the automatic
renumbering of the list (e.g., existing #4 will become #3, and so on).
14 Because single-family residential uses are being proposed for removal as a permitted use in this zoning district,
this standard would be obsolete.
15 All development in this zoning district would be required to be connected to public water and sewer (see #2 in
Applicability section), so this standard would be obsolete.
16 In order to promote economic development opportunities, Staff is suggesting deletion of standards 10 and 11
which require a Class A Special Use Permit for projects above a certain size. However, in order to promote
protection of existing residential subdivisions (which are specifically designated in existing language in EDH-2),
Staff is suggesting that the new language in #11 be added.
26
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-58
12. No drive through facilities may be constructed in this district.17
13. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets,
or marginal access streets except where such a driveway and/or street would a) cross a stream and require a no-
rise certification from the NC Department of Public Safety National Flood Insurance Program or, b) be located on a
slope greater than 15%, or c) disturb natural areas as identified in the Inventory of Natural Areas and Wildlife
Habitats of Orange County, NC.18
14. A justification for any deviation to development standards must state a public benefit or purpose.
15. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
16. 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.
17. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
18. See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.
17 Deletion of this standard will cause the automatic renumbering of standards currently below it.
18 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the
number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2, 4,
and 5 districts. Insertion of this standard causes the automatic renumbering of remaining standards (e.g., existing
#13 became #14, and so on).
27
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-59
EDH-4
ECONOMIC DEVELOPMENT
HILLSBOROUGH OFFICE /
RETAIL
DIMENSIONAL STANDARDS
Lot size, min., (acres) 4 1 19
Lot Width, min. (feet) 300 200
PURPOSE
Front Setback,from ROW,
min. (feet) 50
The purpose of the Economic Development Hillsborough Office /
Retail (EDH-4) District is to provide locations for high intensity office
uses and supporting retail and services uses in the designated
Hillsborough Economic Development District.
The district is intended to be located on large areas as part of a
cohesive development plan and may contain limited commercial
uses within employment centers.
APPLICABILITY Side Setback, min. (feet) 20 [1]
This district will usually be applied where the following conditions
exist:
1. This district will be applied in the Hillsborough Economic
Development District.
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of
the development approval process.
Corner Setback, min. (feet) 50 [1] [2]
Rear Setback, min. (feet) 40 [1]
Height, max. (feet) 60 [3]
DIMENSIONAL STANDARDS NOTES:
[1] 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.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use
Floor Area Ratio, max.
R-CU[4]
NR .65
NR-CU .75
Required Open Space Ratio,
min. .40
Required Livability Space
Ratio, min. R-CU .45
Gross Land Area, min./max.
(square feet) none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
EDH-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the EDH-4 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
19 In order to promote economic development opportunities, Staff is suggesting lowering the minimum lot size to
1 acre. A 4-acre minimum lot size for projects that must be located on public water and sewer (see #2 under
Applicability) is relatively large.
28
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-60
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for land use
restrictions. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD-CZ (see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
4. 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.
5. 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.
6. Residential uses are not permitted in this district.
7. All outparcels within this district shall have internal access to the development.
8. No drive through facilities may be constructed in this district.20
9. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets,
or marginal access streets except where such a driveway and/or street would a) cross a stream and require a no-
rise certification from the NC Department of Public Safety National Flood Insurance Program or, b) be located on a
slope greater than 15%, or c) disturb natural areas as identified in the Inventory of Natural Areas and Wildlife
Habitats of Orange County, NC.21
10, Justification for any deviation to development standards must state a public benefit or purpose.
11. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
12. 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.
13. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
14. See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.
20 Deletion of this standard will cause the automatic renumbering of standards currently below it.
21 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the
number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2, 3,
and 5 districts. Insertion of this standard causes the automatic renumbering of remaining standards (e.g., existing
#9 became #10, and so on).
29
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-61
EDH-5
ECONOMIC DEVELOPMENT
HILLSBOROUGH OFFICE/FLEX
RESEARCH AND
MANUFACTURING
DIMENSIONAL STANDARDS
Lot size, min., (acres) 4 2 22
Lot Width, min. (feet) 300 200
PURPOSE
Front Setback,from ROW,
min. (feet) 50
The purpose of the Economic Development Hillsborough Office/Flex
Research and Manufacturing (EDH-5) District is to provide locations
for a wide range of research, assembling, fabricating and light
manufacturing activities, and such ancillary industrial activities as
warehousing and distribution in the designated Hillsborough
Economic Development District.
Some commercial services are also permitted accessory to industrial
development if they are part of a cohesive development plan that is
predominantly comprised of permitted non-residential uses and
provided all access is provided internally. The district is established
to provide locations for research and industrial development which
have little or no impact on adjoining properties.
APPLICABILITY Side Setback, min. (feet) 20 [1]
This district will usually be applied where the following conditions
exist:
1. This district will be applied in the Hillsborough Economic
Development District.
2. This district shall only be applied where water and sewer are
available at the site or are to be made available to the site as part of
the development approval process.
Corner Setback, min. (feet) 50 [1] [2]
Rear Setback, min. (feet) 40 [1]
Height, max. (feet) 40 [3]
DIMENSIONAL STANDARDS NOTES:
[1] 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.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use
Floor Area Ratio, max.
R-CU [4]
NR .65
NR-CU .75
Required Open Space
Ratio, min. .40
Required Livability Space
Ratio, min. R-CU .45
Gross Land Area,
min./max.
(square feet)
none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
22 In order to promote economic development opportunities, Staff is suggesting lowering the minimum lot size to 2
acres. A 4-acre minimum lot size for projects that must be located on public water and sewer (see #2 under
Applicability) is relatively large.
30
Article 3: Base Zoning Districts
Section 3.7: Economic Development Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-62
EDH-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the EDH-5 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. Uses Permitted by Right require the approval of a Site Plan as outlined in Section 2.5.
2. Development projects unable to meet all Standards required for Site Plan approval may be submitted as a
Conditional Use District or as a MPD-CZ (see Section 3.8).
3. The impervious surface limit in this district is 50%. Other requirements for impervious surface are located in
Sections 4.2.5 and 4.2.6.
4. 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.
5. 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.
6. Residential uses are not permitted in this district.
7. No drive through facilities may be constructed in this district.23
8. Direct driveway access to an arterial or major collector shall be limited to shared driveways, limited access streets,
or marginal access streets except where such a driveway and/or street would a) cross a stream and require a no-
rise certification from the NC Department of Public Safety National Flood Insurance Program or, b) be located on a
slope greater than 15%, or c) disturb natural areas as identified in the Inventory of Natural Areas and Wildlife
Habitats of Orange County, NC.24
9. A justification for any deviation to development standards must state a public benefit or purpose.
10. All parcels shall provide for interconnectivity between parking areas if determined necessary by Planning staff.
11. 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.
12. Proposed subdivisions shall follow the procedures outlined in Section 2.16.
13. See Section 5.3.2(C) for standards for uses requiring a Class A Special Use Permit.
23 Deletion of this standard will cause the automatic renumbering of standards currently below it.
24 Staff is suggesting the addition of this standard because it is generally good planning practice to minimize the
number of curb cuts along major roadways. This language is identical to the proposed language for the EDH-2, 3,
and 4 districts. Insertion of this standard causes the automatic renumbering of remaining standards (e.g., existing
#8 became #9, and so on).
31
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
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r
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o
u
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–
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d
D
e
v
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p
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O
r
d
i
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a
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c
e
Page 5-8
TAB
L
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O
F
PER
M
I
T
T
E
D
USE
S
– GEN
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R
A
L
USE
ZON
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DIS
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M
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∆ = SUB
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STANDARDS
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TYP
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DIS
T
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RB
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R2
R3
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1
NC
2
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4
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25
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31
1
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i
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(
s
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25
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p
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6
qu
a
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to
mo
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e
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s
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of
al
l
o
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b
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ma
n
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f
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c
t
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r
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land uses within
th
e
ED
H
di
s
t
r
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s
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to
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a
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o
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inconsistency with
re
s
p
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t
to
wh
a
t
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co
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s
i
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e
r
e
d
an
al
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w
a
b
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e
la
n
d
us
e
.
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a
f
f
ha
d
al
r
e
a
d
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be
e
n wo
r
k
i
n
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on
a co
m
p
r
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h
e
n
s
i
v
e
re
‐co
n
fi
g
u
r
a
ti
o
n
of
th
e
ex
i
s
t
i
n
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tables outlining
pe
r
m
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t
e
d
us
e
s
bu
t
,
af
t
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co
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wi
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t
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r
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e
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’
s
of
f
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,
it
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s
de
c
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e
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to
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m
p
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wo
r
k
on
th
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sp
e
c
i
f
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c
co
m
p
o
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n
t
at
th
i
s
ti
m
e
.
The manufacturing
se
c
t
i
o
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of
th
e
ge
n
e
r
a
l
us
e
zo
ni
n
g
di
s
t
r
i
c
t
(i
.
e
.
,
I‐1 ; I‐2 ; I‐3)
is
no
w
co
n
s
i
s
te
n
t
,
wi
t
h
re
s
p
e
c
t
to
th
e
us
e
s
li
s
t
e
d
,
as
th
o
s
e ad
d
r
e
s
s
e
d
in
th
e
EDH districts.
26
Cu
r
r
e
n
t
l
y
,
al
l
o
w
a
b
l
e
us
e
s
wi
t
h
i
n
th
e
va
r
i
o
u
s
In
d
u
s
t
r
i
a
l
di
s
t
r
i
c
t
s
ar
e
ba
s
e
d
on
an
t
i
c
i
p
a
t
e
d
of
f
‐si
t
e
im
p
a
c
t
s
an
d
re
l
y
on
th
e
de
t
e
r
m
i
n
a
t
i
o
n
of the Planning
De
p
a
r
t
m
e
n
t
.
Th
i
s
ca
n
no
lo
n
g
e
r
be
re
l
i
e
d
up
o
n
an
d
sp
e
c
i
f
i
c
pe
r
m
i
t
t
e
d
/
p
r
o
h
i
b
i
t
e
d
us
e
s
ne
e
d
to
be
li
s
t
e
d
.
6
9
32
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-9
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
R
M
ASEI I 1 I2 I3 PID
~
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s
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m
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y
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o
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s
a
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d
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t
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o
na
l
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s
e
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s
t
r
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c
t
;
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e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
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(
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6
.
2
.
5
)
3
1
1
1
A
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3
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r
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3
1
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3
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3
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5
D
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3
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A
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3
1
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7
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3
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8
B
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3
1
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9
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t
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F
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M
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g
*
* * * *
31
2
B
e
v
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T
o
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3
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3
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2
T
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31
3
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31
4
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31
5
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p
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g
* * * *
31
6
L
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A
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32
1
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(
s
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l
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b
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w
)
7
0
33
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
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d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-10
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
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STANDARDS
USE
TYP
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GEN
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R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
R
M
ASEI I 1 I2 I3 PID
~
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s
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m
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;
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c
t
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o
n
5
.
1
.
4
(
E
)
^
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l
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2
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2
1
1
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32
2
P
a
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2
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Ma
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32
3
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32
4
P
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r
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32
5
C
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(
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3
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d
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Ma
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*
*
3
2
5
5
P
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o
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A
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Ma
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3
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6
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To
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9
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Pr
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r
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t
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n
M
a
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f
a
c
t
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r
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n
g
32
6
P
l
a
s
t
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c
s
a
n
d
R
u
b
b
e
r
P
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o
d
u
c
t
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M
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f
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(s
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b
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3
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1
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d
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t
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g
7
1
34
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-11
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
R
M
ASEI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
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d
a
s
m
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r
e
t
h
a
n
o
n
e
p
r
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c
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p
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c
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d
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b
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c
t
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6
.
2
.
5
)
3
2
6
2
R
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b
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9
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d
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Ma
n
u
f
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c
t
u
r
i
n
g
32
7
N
o
n
m
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t
a
l
l
i
c
M
i
n
e
r
a
l
P
r
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g
(s
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l
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g
b
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w
)
3
2
7
1
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l
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c
t
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d
R
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n
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*
3
2
7
2
G
l
a
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3
2
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3
C
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t
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g
33
1
P
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M
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*
33
2
F
a
b
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c
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e
d
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l
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* *
7
2
35
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
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Or
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d
D
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O
r
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n
a
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c
e
Page 5-12
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
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DIS
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* = PER
M
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1
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2
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5
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33
5
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* *
7
3
36
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
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t
t
e
d
U
s
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s
Or
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n
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C
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u
n
t
y
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o
r
t
h
C
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l
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n
a
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i
f
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d
D
e
v
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l
o
p
m
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n
t
O
r
d
i
n
a
n
c
e
Page 5-13
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
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C
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L
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S
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C
I
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L
USE
∆ = SUB
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SPE
C
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STANDARDS
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TYP
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L
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N
G
DIS
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R
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C
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S
RB
AR
R1
R2
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3
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1
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2
CC
3
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4
EC
5
O/
R
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4
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33
6
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33
9
M
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a
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7
4
37
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-17
5.2.2 Table of Permitted Uses – Economic Development Districts
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
AGRICULTURAL USES
Animal hospital/veterinarian C# C# *
Kennel, Class I C# *
Kennel, Class II B B
CONSTRUCTION
Building contractors * *
Construction (Sector 23) (Hillsborough EDD only;
all activities must be wholly within building) 28 *
Plumbing, heating, electrical, and similar trade
contractors * *
FINANCE
Banks, savings and loans, and credit unions * * * *
Credit agencies and institutions * * * *
Finance & Insurance (Sector 52) * * * *
Insurance carriers and agents * * * *
Real estate agents and brokers * * * *
27 Staff suggests adding clarifying language as to what “Sector X” refers to when referencing the rows that pertain to the Hillsborough EDD zoning districts.
28 In the amendment version the Planning Board reviewed on Aug. 3, this language was suggested for deletion. Due to subsequent comments from the
Attorney’s office, staff is suggesting the language remain as is because of concerns related to the recent Byrd v. Franklin County judicial decision. This language
may be modified at a later date as staff is currently working on comprehensive amendments to the Tables of Permitted Uses to address the outcome of the
referenced judicial decision.
38
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-18
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
Security and commodity brokers, and investment
offices * * * *
GOVERNMENT USES
Governmental facilities and office buildings
(Including solid waste collection centers) * * * * * * * * *
Governmental protective services (Police and fire
stations, rescue squads, and volunteer fire
departments)
* * * * * * * * *
Parks, public and non-profit * * * * * * * * *
Public Administration (Sector 92) *
INFORMATION
Information (Sector 51) * *
MANUFACTURING, ASSEMBLY & PROCESSING
Manufacturing (Sector 31-33) ( Hillsborough EDD,
only; all activities must be wholly within building)29 *
Electronic Equipment (see listing below)
• Communications equipment * *
• Electric lighting and wiring equipment * *
29 In the amendment version the Planning Board reviewed on Aug 3, this language was suggested for deletion. Due to subsequent comments from the
Attorney’s office, staff is suggesting the language remain as is because of concerns related to the recent Byrd v. Franklin County judicial decision. This language
may be modified at a later date as staff is currently working on comprehensive amendments to the Tables of Permitted Uses to address the outcome of the
referenced judicial decision. Due to comments made at the September 12, 2016 quarterly public hearing, the Manufacturing sectors, as they pertain to the
proposed EDH-5 addition, were suggested for further refinement. Because of this, the Attorney’s office has suggested that a portion of the comprehensive
work to the Table of Permitted Uses be undertaken at this time. Therefore, manufacturing uses pertaining to the Buckhorn and Eno EDDs are also proposed to
be revised. At this time, staff is proposing use of the NAICS codes to achieve this work. However, the future comprehensive amendment to the Tables of
Permitted Uses may or may not use the NAICS codes (e.g., the manufacturing portions of the Table may be revised in the future (2017),
39
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-19
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
• Electric transmission and distribution * *
• Electrical industrial apparatus * *
• Electronic components and accessories * *
• Household appliances * *
• Radio and television receiving equipment * *
Fabricated Metal Products (see listing below)
• Cutlery and hand tools * *
• Fabricated structural metal products * *
• Heating equipment, except electric and
warm air; and plumbing fixture * *
• Metal cans and shipping containers * *
• Nuts, bolts, screws, rivets, and washers * *
Food Products (see listing below)
• Bakery * *
• Bottling plants * *
• Dairy * *
• Miscellaneous food preparation; e.g.,
coffee roasting, condiments,
confectionary products, etc.
* *
Industrial Machinery (see listing below)
• Engines and turbines * *
• Farm/garden machinery and equipment * *
• General industrial machinery and
equipment; e.g., purification equipment,
ball and roller bearings, etc.
* *
40
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-20
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
• Metalworking machinery and equipment * *
• Office, computing, and accounting
machines * *
• Special industrial machinery; e.g., textile
machinery * *
Instruments (see listing below)
• Measuring, analyzing, and controlling
instruments * *
• Photographic, medical, and optical goods * *
• Watches and clocks * *
Paper Products (see listing below)
• Converted paper and paperboard
products * *
• Paperboard containers and boxes * *
Furniture and Fixtures (see listing below)
• Household and office furniture * *
• Miscellaneous furniture and fixtures * *
Pharmaceutical Products * *
Printing and Publishing Establishments * *
Rubber and Plastic Products (see listing below)
• Miscellaneous plastic products; e.g.,
plastic pipe, packaging materials, etc. * *
• Rubber and plastic footwear * *
• Rubber and plastic hose and belting * *
Stone, Glass, Clay, and Concrete Products (see
listing below)
41
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-21
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
• Cut stone products C# C#
• Flat glass * *
• Glass and glassware * *
• Pottery and related products * *
Transportation Equipment (see listing below)
• Miscellaneous transportation equipment;
e.g., motor vehicle components * *
• Motorcycles, bicycles, and parts * *
Miscellaneous Manufacturing Industries (see
listing below)
• Jewelry and silverware * *
• Miscellaneous manufacturing industries;
e.g., costume jewelry, novelties, buttons,
etc.
* *
• Musical instruments * *
• Pen, pencils, office, and artist supplies * *
• Toys, sporting, and athletic goods * *
Manufacturing (Sectors 31-33) (Within the
Hillsborough EDD, all activities must be wholly
within a building)
(see NAICS subsectors – indicated by numbers before the title - below)
311 Food Manufacturing (see listing below)
• 3111 Animal Food Manufacturing
• 3112 Grain and Oilseed Milling
• 3113 Sugar and Confectionery Product
Manufacturing * * *
• 3114 Fruit and Vegetable Preserving and
Specialty Food Manufacturing * * *
42
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-22
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
• 3115 Dairy Product Manufacturing * * *
• 3116 Animal Slaughtering and
Processing
• 3117 Seafood Product Preparation and
Packaging
• 3118 Bakeries and Tortilla Manufacturing * * *
• 3119 Other Food Manufacturing * * *
312 Beverage and Tobacco Product
Manufacturing (see listing below)
• 3121 Beverage Manufacturing * * *
• 3122 Tobacco Manufacturing
313 Textile Mills *
314 Textile Product Mills *
315 Apparel Manufacturing *
316 Leather and Allied Product Manufacturing
(see listing below)
• 3161 Leather and Hide Tanning and
Finishing
• 3162 Footwear Manufacturing *
• 3169 Other Leather and Allied Product
Manufacturing *
321 Wood Product Manufacturing (see listing
below)
• 3211 Sawmills and Wood Preservation
• 3212 Veneer, Plywood, and Engineered
Wood Product Manufacturing
• 3219 Other Wood Product Manufacturing *
43
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-23
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
322 Paper Manufacturing (see listing below)
• 3221 Pulp, Paper, and Paperboard Mills
• 3222 Converted Paper Product
Manufacturing * * *
323 Printing and Related Support Activities * * *
324 Petroleum and Coal Products Manufacturing
325 Chemical Manufacturing (see listing below)
• 3251 Basic Chemical Manufacturing
• 3252 Resin, Synthetic Rubber, and
Artificial Synthetic Fibers and Filaments
Manufacturing
• 3253 Pesticide, Fertilizer, and Other
Agricultural Chemical Manufacturing
• 3254 Pharmaceutical and Medicine
Manufacturing * * *
• 3255 Paint, Coating, and Adhesive
Manufacturing
• 3256 Soap, Cleaning Compound, and
Toilet Preparation Manufacturing *
• 3259 Other Chemical Product and
Preparation Manufacturing
326 Plastics and Rubber Products Manufacturing
(see listing below)
• 3261 Plastics Product Manufacturing * * *
• 3262 Rubber Product Manufacturing
(see listing below)
o 32621 Tire Manufacturing
44
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-24
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
o 32622 Rubber and Plastics
Hoses and Belting
Manufacturing
* * *
o 32629 Other Rubber Product
Manufacturing * * *
327 Nonmetallic Mineral Product Manufacturing
(see listing below)
• 3271 Clay Product and Refractory
Manufacturing * * *
• 3272 Glass and Glass Product
Manufacturing * * *
• 3273 Cement and Concrete Product
Manufacturing
• 3274 Lime and Gypsum Product
Manufacturing
• 3279 Other Nonmetallic Mineral Product
Manufacturing C# C# *
331 Primary Metal Manufacturing
332 Fabricated Metal Product Manufacturing (see
listing below)
• 3321 Forging and Stamping
• 3322 Cutlery and Handtool
Manufacturing * * *
• 3323 Architectural and Structural Metals
Manufacturing * * *
• 3324 Boiler, Tank, and Shipping
Container Manufacturing * * *
• 3325 Hardware Manufacturing * * *
• 3326 Spring and Wire Product
Manufacturing * * *
45
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-25
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
• 3327 Machine Shops; Turned Product;
and Screw, Nut, and Bolt Manufacturing * * *
• 3328 Coating, Engraving, Heat Treating,
and Allied Activities * * *
• 3329 Other Fabricated Metal Product
Manufacturing (see listing below)
o 33291 Metal Valve Manufacturing * * *
o 33299 All Other Fabricated Metal
Product Manufacturing (see listing
below)
332991 Ball and Roller Bearing
Manufacturing * * *
332992 Small Arms Ammunition
Manufacturing
332993 Ammunition (except
Small Arms) Manufacturing
332994 Small Arms, Ordnance,
and Ordnance Accessories
Manufacturing
332996 Fabricated Pipe and
Pipe Fitting Manufacturing *
332999 All Other Miscellaneous
Fabricated Metal Product
Manufacturing
*
333 Machinery Manufacturing * * *
334 Computer and Electronic Product
Manufacturing * * *
335 Electrical Equipment, Appliance, and
Component Manufacturing * * *
336 Transportation Equipment Manufacturing (see
listing below)
• 3361 Motor Vehicle Manufacturing
46
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-26
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
• 3362 Motor Vehicle Body and Trailer
Manufacturing
• 3363 Motor Vehicle Parts Manufacturing * * *
• 3364 Aerospace Product and Parts
Manufacturing *
• 3365 Railroad Rolling Stock
Manufacturing
• 3366 Ship and Boat Building
• 3369 Other Transportation Equipment
Manufacturing (see listing below)
o 336991 Motorcycle, Bicycle, and
Parts Manufacturing * * *
o 336992 Military Armored Vehicle,
Tank, and Tank Component
Manufacturing
o 336999 All Other Transportation
Equipment Manufacturing *
337 Furniture and Related Product Manufacturing * * *
339 Mis cellaneous Manufacturing * * *
RECREATION
Arts, Entertainment & Recreation (Sector 71) *
RESIDENTIAL
47
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-27
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
Dwelling, single-family * *30
Dwelling, two-family * *
Dwelling, multi-family (6-12 units per acre in the
Hillsborough EDD) * * *
Dwelling, multi-family (6+ units per acre as part of
mixed use development; maximum of 25% of
development square footage)
*
Dwelling, multi-family (6+ units per acre) C#
Dwelling, mobile home (For replacement of
existing mobile home) *
Temporary mobile home (For occupancy during
construction of permanent residential unit and for
30 days after issuance of Certificate of
Occupancy) Temporary Use of a Residential
Mobile Home31
* *
RETAIL
Farm equipment sales C# C# *
Motor vehicle service station C# C# *
Motor vehicles, new and used, sales and rental C# C# *
30 Staff is suggesting removing single-family residential and two-family (e.g., duplex) uses as permitted uses within the Hillsborough EDD. This is being
suggested in order to promote lands within the EDD predominantly for non-residential uses (multi-family uses would be permitted in the indicated districts but
subject to the proposed use-specific standards in Section 5.5.10 which limits the scope of the use and requires that, in order to be permitted by-right, they be
part of an overall development plan that includes other permitted use(s) as the dominant use. Stand-alone multi-family development could potentially still be
permitted within the Hillsborough EDD through either the MPD-CZ process or as a Conditional Use District.
31 Staff is suggesting renaming this use type to be consistent with the title used in Section 5.4.4 which contains the standards for this use type. Additionally,
staff suggests deleting the use from EDH-3 since only multi-family uses are suggested for EDH-3.
48
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-28
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
Nightclubs, bars, and pubs
(Only as accessory use to hotel, motel or
restaurant)
* * *
Restaurants (carry-out and general) when located
in a service building, court or plaza, retail store, or
enclosed mall consisting of multiple uses
* * *
Restaurants (carry-out and general) in a separate,
free-standing building * C# *
Restaurants (drive-in) in a separate, free-standing
building C# C# *
Retail Trade (Sectors 44, 45; excluding Subsector
454 Non-store retailers) (Only Hillsborough EDD
through Conditional Use District or MPD-CZ) 32
* *
Retail trade, sales and rental of durable and
convenience goods, merchandise, and equipment,
including mail order houses, in a separate, free-
standing building
* C# *
Retail trade, sales and rental of durable and
convenience goods, merchandise, and equipment,
including mail order houses, when located in a
service building, court or plaza, or enclosed mall
consisting of multiple uses.
* * *
SERVICES
Accommodation and Food Service (Sector 72)
(Eating and drinking establishments are permitted
only as accessory use to hotel, or motel or
restaurant; Hillsborough EDD only)33
* * *34
32 Staff is suggesting that retail trade be permitted in EDH-4 and EDH-5, subject to the proposed standards in Section 5.6.16 which limit the scope of retail uses
allowed by-right and requires they be part of an overall development plan that includes other permitted use(s) as the dominant use. As is currently the
situation, retail trade would be permitted as a stand-alone use in the Hillsborough EDD only if a CUD or MPD-CZ is approved.
33 Staff is suggesting this language be moved to Section 5.6.17 since the standards section is a more appropriate place for standards.
49
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-29
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
Administrative & Support Services (Sector 561) * * * * *
Art/photographic studios * C# * *
Assembly facility - 300 or more person capacity C# *
Assembly facility - less than 300 person capacity C# *
Beauty and barber shops * * * *
Churches * * * *
Clubs and lodges, and social, fraternal, and union
clubhouses C# C# C# C#
Community center A A A A
Day care facility B B * *
Educational Services (Sector 61)
Funeral homes C# C# *
Golf driving and practice ranges * *
Health Care & Social Assistance (Sector 62) * * * * *
Health services, including doctors and dentists
offices, and medical and dental laboratories * * * *
Hotels and motels * C# * * * *
Indoor theaters * C# * * * *
Large day care home B * *
Laundry, dry cleaning, and shoe repair services * C# * *
Libraries * C# * *
34 Section 5.6.17 contains standards that would be permit this use in EDH-5 only if it is limited in scope and part of an overall development plan.
50
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-30
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
Management of Companies & Enterprises (Sector
53 55)35 * * * * *
Motor vehicle maintenance and repair (body shop) C# *
Other offices and personal services; e.g.,
attorneys, watch and jewelry repair, computer
programming and data processing, employment
and travel agencies, advertising agencies, and
accounting, engineering, architectural, and
surveying offices
* * * *
Professional, Scientific & Technical Services
(Sector 54) * * * * *
Recreational facilities B * B *
Repair service, electronic and appliance C# C# * *
Research facility * *
Schools, dance, art, and music * C# * *
Schools, elementary, middle, and high A A *
Schools, vocational C# C# *
Other Services (Hillsborough EDD only Sector
81)36 * * * *
TRANSPORTATION
Bus terminals and garages C# *
Postal and parcel delivery services * *
Rail/bus passenger shelter * * * * *
35 Incorrect Sector number (53) is being corrected to 55.
36 In keeping with the way other NAICS Sectors are listed in the table of Permitted Uses, staff is suggesting the Sector number for “Other Services” be listed. It
is unnecessary to state the use type is applicable in the Hillsborough EDD only.
51
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-31
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
Surface and structure parking as principal use
(When associated with a local or regional
transportation goal such as mass transit or park-
and-ride)
* * *
Transportation and Warehousing (Sector 48, 49) *
WHOLESALE TRADE
Wholesale Trade (Sector 42) *
Durable Goods (see listing below) *
• Automotive parts and supplies (In an
enclosed building) * *
• Electrical goods * *
• Furniture and home furnishings * *
• Hardware, plumbing, and heating
equipment and supplies * *
• Lumber and other construction materials * *
• Machinery, equipment, and supplies * *
• Sporting, recreational, photographic, and
hobby goods; toys and supplies * *
Non-Durable Goods (see listing below)
• Apparel and piece goods * *
• Beer, wine, and distilled alcoholic
beverages * *
• Groceries and related products * *
• Paper and paper products * *
• Pharmaceuticals and cosmetics * *
MISCELLANEOUS
52
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-32
TABLE OF PERMITTED USES – ECONOMIC DEVELOPMENT DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE C = CONDITIONAL USE (REZONING & CLASS A SUP)
USE TYPE
GENERAL USE ZONING DISTRICTS
BUCKHORN EDD ENO EDD HILLSBOROUGH EDD
EDB-1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5
# Shall be noted on Zoning Atlas as “Zoning District” – CU (e.g., EDB-2-CU)
Note: The Hillsborough EDD and Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry Classification System
(NAICS), 2012 Version 27
Accessory uses * * * * * * * * *37
Electric, Gas, and Liquid Fuel Transmission lines B B B B
Elevated water storage tank
(Permitted as accessory use without Special Use
Permit)
B B B * *
Historic buildings for non-residential/mixed use A A A A
Public utility stations and sub-stations, switching
stations, and telephone exchanges A A A A * *
Radio and television transmitting and receiving
towers B B B *
Solar Array – Large Facility B B B B
Solar Array – Public Utility A A A A
Storage and warehousing, inside building * *
Storage of goods, outdoors
(Accessory only and subject to screening) 38 * *
Water and sanitary sewer pumping stations * * * * * *
37 Accessory uses are supposed to be allowed in all zoning districts. Staff believes it was an oversight to not allow them in the EDH districts and is suggesting
making this correction.
38 In the amendment version the Planning Board reviewed on August 3, this language was suggested for deletion. Due to subsequent comments from the
Attorney’s office, staff is suggesting the language remain as is because of concerns related to the recent Byrd v. Franklin County judicial decision. This language
may be modified at a later date as staff is currently working on comprehensive amendments to the Tables of Permitted Uses to address the outcome of the
referenced judicial decision.
53
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-36
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
EXTRACTIVE USES
Extraction of Earth Products
GOVERNMENTAL USES
Governmental Facilities & Office Buildings *
Governmental Protective Services (Police & Fire Stations) Rescue
Squads, Volunteer Fire Departments *
Military Installations (National Guard & Reserve Armory)
Public Administration (Sector 92) *
MANUFACTURING, ASSEMBLY & PROCESSING NOTE: The Manufacturing portion of the Table utilizes Sector Numbers as Defined in the North American Industry
Classification System (NAICS), 2012 Version39
Assembly and Packaging Operations Including Mail Order
Houses, But Excluding On-Premises Retail Outlets *
Industrial, Heavy *
Industrial, Light *
Industrial, Medium *
Manufacturing (Sector 31-33) *
Microbrewery, production only * *
Pharmaceutical Products *
Printing & Lithography *
Sawmills ^ *
Winery, production only * *
39 Due to comments made at the September 12, 2016 quarterly public hearing, staff has worked to modify the list of allowable manufacturing land uses within
the EDH districts. Due to recent court decisions, specifically the Byrd V. Franklin County judicial decision, staff is concerned about having inconsistency with
respect to what is considered an allowable land use. Staff had already been working on a comprehensive re-configuration of the existing tables outlining
permitted uses but, after conferring with the Attorney’s office, it was decided to complete work on this specific component at this time. The manufacturing
section of the conditional zoning district section is now consistent, with respect to the uses listed only, as those allowed throughout the UDO.
54
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-37
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
311 Food Manufacturing (see listing below)
• 3111 Animal Food Manufacturing *
• 3112 Grain and Oilseed Milling
• 3113 Sugar and Confectionery Product Manufacturing * *
• 3114 Fruit and Vegetable Preserving and Specialty
Food Manufacturing * *
• 3115 Dairy Product Manufacturing * *
• 3116 Animal Slaughtering and Processing
• 3117 Seafood Product Preparation and Packaging
• 3118 Bakeries and Tortilla Manufacturing * *
• 3119 Other Food Manufacturing
312 Beverage and Tobacco Product Manufacturing (see listing
below)
• 3121 Beverage Manufacturing * *
• 3122 Tobacco Manufacturing
313 Textile Mills
314 Textile Product Mills
315 Apparel Manufacturing *
316 Leather and Allied Product Manufacturing (see listing below)
• 3161 Leather and Hide Tanning and Finishing
• 3162 Footwear Manufacturing *
• 3169 Other Leather and Allied Product Manufacturing
321 Wood Product Manufacturing (see listing below)
• 3211 Sawmills and Wood Preservation * *
• 3212 Veneer, Plywood, and Engineered Wood Product
Manufacturing
• 3219 Other Wood Product Manufacturing
55
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-38
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
322 Paper Manufacturing (see listing below)
• 3221 Pulp, Paper, and Paperboard Mills
• 3222 Converted Paper Product Manufacturing
323 Printing and Related Support Activities *
324 Petroleum and Coal Products Manufacturing
325 Chemical Manufacturing (see listing below)
• 3251 Basic Chemical Manufacturing
• 3252 Resin, Synthetic Rubber, and Artificial Synthetic
Fibers and Filaments Manufacturing
• 3253 Pesticide, Fertilizer, and Other Agricultural
Chemical Manufacturing
• 3254 Pharmaceutical and Medicine Manufacturing
• 3255 Paint, Coating, and Adhesive Manufacturing
• 3256 Soap, Cleaning Compound, and Toilet Preparation
Manufacturing
• 3259 Other Chemical Product and Preparation
Manufacturing
326 Plastics and Rubber Products Manufacturing (see listing
below)
• 3261 Plastics Product Manufacturing
• 3262 Rubber Product Manufacturing (see listing below)
o 32621 Tire Manufacturing
o 32622 Rubber and Plastics Hoses and Belting
Manufacturing
o 32629 Other Rubber Product Manufacturing
327 Nonmetallic Mineral Product Manufacturing (see listing
below)
• 3271 Clay Product and Refractory Manufacturing *
• 3272 Glass and Glass Product Manufacturing *
56
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-39
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
• 3273 Cement and Concrete Product Manufacturing
• 3274 Lime and Gypsum Product Manufacturing
• 3279 Other Nonmetallic Mineral Product Manufacturing
331 Primary Metal Manufacturing *
332 Fabricated Metal Product Manufacturing (see listing below)
• 3321 Forging and Stamping *
• 3322 Cutlery and Handtool Manufacturing *
• 3323 Architectural and Structural Metals Manufacturing
• 3324 Boiler, Tank, and Shipping Container
Manufacturing
• 3325 Hardware Manufacturing *
• 3326 Spring and Wire Product Manufacturing
• 3327 Machine Shops; Turned Product; and Screw, Nut,
and Bolt Manufacturing
• 3328 Coating, Engraving, Heat Treating, and Allied
Activities
• 3329 Other Fabricated Metal Product Manufacturing
(see listing below)
o 33291 Metal Valve Manufacturing
o 33299 All Other Fabricated Metal Product
Manufacturing (see listing below)
332991 Ball and Roller Bearing Manufacturing
332992 Small Arms Ammunition Manufacturing
332993 Ammunition (except Small Arms)
Manufacturing
332994 Small Arms, Ordnance, and Ordnance
Accessories Manufacturing
332996 Fabricated Pipe and Pipe Fitting
Manufacturing
57
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-40
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
^: Use shall not be approved on parcels located in the Rural Buffer land use classification, as designated by the adopted Comprehensive Plan.
332999 All Other Miscellaneous Fabricated
Metal Product Manufacturing
333 Machinery Manufacturing *
334 Computer and Electronic Product Manufacturing *
335 Electrical Equipment, Appliance, and Component
Manufacturing *
336 Transportation Equipment Manufacturing (see listing below)
• 3361 Motor Vehicle Manufacturing
• 3362 Motor Vehicle Body and Trailer Manufacturing
• 3363 Motor Vehicle Parts Manufacturing
• 3364 Aerospace Product and Parts Manufacturing
• 3365 Railroad Rolling Stock Manufacturing
• 3366 Ship and Boat Building
• 3369 Other Transportation Equipment Manufacturing
(see listing below)
o 336991 Motorcycle, Bicycle, and Parts
Manufacturing
o 336992 Military Armored Vehicle, Tank, and Tank
Component Manufacturing
o 336999 All Other Transportation Equipment
Manufacturing
337 Furniture and Related Product Manufacturing *
339 Miscellaneous Manufacturing
MEDICAL USES
Health Services: Over 10,000 Sq. Ft. *
Health Services: Under 10,000 Sq. Ft *
Hospitals *
Veterinary Clinic * *
58
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-64
(e) A temporary custodial care unit shall be required to connect to water,
wastewater, and electric utilities serving the principal structure on the
property.
(f) The Orange County Health Department, or the agency that provides
sanitary sewer and water services, shall approve water and wastewater
disposal facilities.
(g) 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.
(h) Approval of the application shall not exceed one year. Annual renewal
shall require a new application and recertification from a licensed
physician stating the necessity of direct care.
(i) Any approved temporary custodial care unit shall be removed no later
than 180 days after the time the mentally or physically impaired
person(s) is no longer receiving care or is in need of assistance. If the
structure is needed for a different impaired person, the temporary
custodial care unit may continue to be used, subject to the requirements
of this Ordinance.
(j) The caregiver shall allow inspections of the property by the County at
times convenient to the caregiver, during reasonable hours, and upon
prior notice for compliance purposes.
(k) A permit for a temporary custodial care unit may be revoked by the
Planning Director due to failure of the applicant to comply with any of the
above provisions.
5.5.10 Multi-Family40
(A) Standards for EDH-3 and EDH-4 Zoning Districts
(1) Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in
accordance with the following standards:
(a) The multi-family use is part of an overall site plan that includes at least
one other permitted Principal Use.
(i) The other permitted Principal Use(s) must be established prior
to, or concurrent with, the multi-family use(s).
(b) The square footage of the structure(s), or portion of structures, to be
utilized for multi-family dwellings does not exceed 25% of the total
square footage of all structures included on the overall site plan.
(c) The square footage of the structure(s), or portion of structures, to be
utilized for uses that are subject to square footage restrictions in the
pertinent zoning district(s), as detailed in Article 5 of this Ordinance, does
not exceed 50% of the total square footage of all structures included on
the overall site plan.
(a) The site plan must identify the square footage of each building by type of
use.
(b) A permitted Principal Use must be established on at least 50% of the
total square footage of structures on the site.
40 These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough
EDD while ensuring the scope of the overall project is not predominantly multi-family residential. Projects that
contain a greater percentage of multi-family residential could still be permitted through the MPD-CZ or CUD
process.
59
Article 5: Uses
Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-65
(c) Multi-family dwellings shall not exceed 25% of the total square footage of
all structures on the site.41
SECTION 5.6: STANDARDS FOR COMMERCIAL USES
5.6.1 Nightclubs, Bars and Pubs
(A) General Standards for Evaluation
(1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a
residence.
5.6.2 Massage Business
(A) General Standards for Evaluation
(1) Must comply with the Ordinance for the Control of Massage and Massage
Establishments
(2) The submittal of construction plans for all existing and proposed buildings
housing the massage business. The construction plans shall include floor plans
and cross sections showing the proposed use of all portions of such buildings.
(3) For existing buildings, certification by the Orange County Building Inspector that
the structure(s) complies with the North Carolina Building Code and all related
construction codes.
5.6.3 Garden Center
(A) General Standards for Evaluation
(1) Outdoor display and storage of goods will be permitted.
(2) Outdoor storage of bulk goods shall be located to the rear or side of the primary
building and screened on three sides by an eight foot high opaque wall or fence.
(3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of
the zoning lot.
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.
41 Attorney’s office staff has suggested the replacement language in (a), (b), and (c). It accomplishes the same
intent as the previously proposed language.
60
Article 5: Uses
Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-79
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.6.15 Sexually Oriented Businesses
(A) Submittal Requirements
(1) In addition to the site plan submittal criteria detailed within Section 2.5 of this
Ordinance the applicant shall submit proof a license has been issued allowing for
the operation of a sexually oriented business in accordance with Chapter 8 of the
Orange County Code of Ordinances.
(B) Standards of Evaluation
(1) Sexually oriented business(es) shall not be located in any building, or portion
thereof, that is:
(a) Within 1,000 feet of an existing sexually oriented business.
(b) Within 1,000 feet of a:
(i) Residential land use including any open space established as
part of the residential subdivision approval process,
(ii) Church and/or place of worship,
(iii) School (public, private, or specialty),
(iv) Public or private library,
(v) State licensed child care facility, or
(vi) Public park or recreational facility.
(c) Measurement shall be made in a straight line, without regard to the
intervening structures or objects, from the nearest portion of the building
or structure used as the part of the premises where a sexually oriented
business is conducted to the nearest portion of a building, structure, or
open space area of a use listed above.
5.6.16 Retail Trade (Sectors 44, 45; excluding subsector 454 42 of the North American Industry
Classification System [NAICS])43
(A) Standards for EDH-4 and EDH-5 Zoning Districts
(1) Retail Trade uses are permitted in the EDH-4 and EDH-5 zoning districts only in
accordance with the following standards:
(a) The retail trade use(s) is part of an overall site plan that includes at least
one other permitted Principal Use.
(i) The other permitted Principal Use(s) must be established prior
42 The version of the amendments the Planning Board reviewed included this language but did not include
standard (2). The language was revised based on comments made by the Attorney’s office; the intent of the
language is unchanged.
43 These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough
EDD while ensuring the scope of the overall project is not predominantly retail trade. Projects that contain a
greater percentage of retail trade could still be permitted through the MPD-CZ or CUD process.
61
Article 5: Uses
Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-80
to, or concurrent with, the retail trade use(s).
(b) The square footage of structures(s), or portion of structures, to be utilized
for retail trade use(s) does not exceed 25% of the total square footage of
all structures included on the overall site plan.
(c) The square footage of structures(s), or portion of structures, to be utilized
for uses that are subject to square footage restrictions in the pertinent
zoning district(s), as detailed in Article 5 of this Ordinance, does not
exceed 50% of the total square footage of all structures included on the
overall site plan.
(a) The site plan must identify the square footage of each building by type of
use.
(b) A permitted Principal Use must be established on at least 50% of the total
square footage of structures on the site.
(c) Retail Trade uses shall not exceed 25% of the total square footage of all
structures on the site.44
(2) Uses that are classified as Subsector 454 of the North American Industry
Classification System [NAICS]) are prohibited in the EDH-4 and EDH-5 zoning
districts.
5.6.17 Accommodation and Food Service (Sector 72 of the North American Industry
Classification System [NAICS])
(A) Standards for EDH-2 and EDH-4 Zoning Districts 45
(1) Eating and drinking establishments Food Services and Drinking Places 46
(subsector 722 of the NAICS) are not permitted within these zoning districts
except as an accessory use to a hotel or motel.
(B) Standards for EDH-5 Zoning District 47
(1) Accommodation and Food Service uses are permitted in the EDH-5 zoning
districts only in accordance with the following standards:
(a) The accommodation and food service use(s) is part of an overall site
plan that includes at least one other permitted Principal Use.
(i) The other permitted Principal Use(s) must be established prior
to, or concurrent with, the accommodation and food service
use(s).
(b) The square footage of the structure(s), or portion of structures, to be
utilized for accommodation and food service use(s) does not exceed
44 Attorney’s office staff has suggested the replacement language in (a), (b), and (c). It accomplishes the same
intent as the previously proposed language.
45 This restriction currently exists within the Table of Permitted Uses (Section 5.2.2). Staff has determined that the
use-specific standards section is a more appropriate place for the standard. Subsequent to the Planning Board’s
August 3rd recommendation, the Attorney’s office suggested deletion of this language regarding accessory uses
because, by definition, accessory uses are allowed in all zoning classifications, provided the permitted Principal Use
can demonstrate that a proposed accessory use meets the definition of accessory use in Article 10. This revised
standard would continue to prohibit stand-alone food service and drinking places but would allow such uses as
accessory uses to principal uses for which a food service and drinking place is a customary and ancillary use.
46 Language updated to use exact term in the NAICS listing.
47 These standards are being proposed in order to allow for some by-right mixed-use projects in the Hillsborough
EDD while ensuring the scope of the overall project is not predominantly hotels and restaurants. Projects that
contain a greater percentage of accommodation and food service uses could still be permitted through the MPD-
CZ or CUD process.
62
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-81
25% of the total square footage of all structures included on the overall
site plan.
(c) The square footage of the structures(s), or portion of structures, to be
utilized for uses that are subject to square footage restrictions in the
pertinent zoning district(s), as detailed in Article 5 of this Ordinance, does
not exceed 50% of the total square footage of all structures included on
the overall site plan.
(a) The site plan must identify the square footage of each building by type of
use.
(b) A permitted Principal Use must be established on at least 50% of the total
square footage of structures on the site.
(c) Accommodation and Food Service uses shall not exceed 25% of the total
square footage of all structures on the site.48
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Uses as Accessory Uses
(A) Residential Land Uses
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a residence shall abide by the following:
(1) General Standards
(a) Accessory recreational uses shall not be open to the public or serve as a
recreation amenity for other lots.
(b) Amenities, equipment, and/or facilities intended for spectators such as
bleachers or public address systems shall not be permitted.
(c) Outdoor sports field lighting, as detailed within Section 6.11, shall be
prohibited.
(2) Specific Standards
(a) Motor Cross and Go-Kart Tracks
(i) All tracks and/or paths shall be located a minimum of 100 feet
from a property line.
(ii) A track or path shall not cross over active septic fields.
(iii) A Type B Land Use Buffer, as detailed in Section 6.8, shall be
required around the portion of the property where the track is
located.
(B) Non-residential Land Uses
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a non-residential land use shall abide by the following:
(1) Uses shall not constitute Recreational Facilities.
5.7.2 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to recreational facilities as a
principal use of property.
48 Attorney’s office staff has suggested the replacement language in (a), (b), and (c). It accomplishes the same
intent as the previously proposed language.
63
Article 6: Development Standards
Section 6.7: Additional Standards for MPD-CZD
Orange County, North Carolina – Unified Development Ordinance Page 6-42
(C) Development Standards
(1) Dimensional Requirements
(a) There are no minimum lot sizes within the MPD-CZ district; However, the
Master Plan will set forth the individual lot setbacks in accordance with
the General Dimensional Requirements established herein.
TABLE 6.7.5.C: SPECIFIC STANDARDS FOR HILLSBOROUGH EDD
ZONING
DISTRICT
MINIMUM ZONING
LOT MINIMUM SETBACKS
MAXIMUM
IMPERVIOUS
SURFACE
COVER (%)
MAXIMUM
HEIGHT
(FEET) AREA
(ACRE)
WIDTH
(FEET)
FRONT
(FEET)
REAR
(FEET)
SIDE
ONE
SIDE
(FEET)
COMBINED
(FEET)
STREET
(FEET)
MPD-CZ - 200 60 40 20 40 40 50 60
(b) Single-family and duplex residential uses following the flexible
development guidelines established in Section 7.13 of this Ordinance,
may reduce the minimum setbacks by 50% and the lot width by 60%.
(2) Internal Access
(a) All outparcels within the MPD-CZ district shall have internal access to the
development.
(b) All parcels shall provide for interconnectivity between parking areas if
determined necessary by staff.
(3) No drive through facilities may be constructed in this district.
(4) Consideration of lower cost and affordable housing shall be incorporated into any
mixed use development.
(5) A justification for any deviation to development standards must state a public
benefit or purpose.
(D) Plan Approvals
(1) If a MPD-CZ rezoning application is approved with a Master Plan, the approval
does not obviate the need to obtain a Class A Special Use Permit or site plan
approval for the individual “pods”/lots shown on the Master Plan in accordance
with the provisions of this Ordinance.
(2) Tracts over 2.0 acres and/or structure(s) totaling cumulatively over 20,000
square feet on one zoning lot require a Class A Special Use Permit approved in
accordance with the provisions of this Ordinance. Otherwise, the site plan may
be approved in accordance with Section 2.5 of this Ordinance. A Class A
Special Use Permit shall be required if any nonresidential use is located within
two hundred feet of a property line of an existing dwelling unit located on a lot
smaller than 2 acres in size. See Section 5.3.2(C) for standards for uses
requiring a Class A Special Use Permit.49
49 In order to promote economic development opportunities in the Hillsborough EDD, Staff is suggesting deletion
of language that requires a Class A Special Use Permit for projects above a certain size. However, in keeping with
how the EDH general use zoning districts operate, staff is suggesting that a MPD-CZ project within the Hillsborough
EDD be required to obtain a Class A Special Use Permit if any nonresidential use located within 200-feet of existing
dwellings on smaller sized lots.
64
2012 NAICS
US Code
2012 NAICS US Title
NOTE: The Sector Number is the First Two Digits of the Code
Primary Sector Headings Are in Gray Blocks
11 Agriculture, Forestry, Fishing and Hunting
111 Crop Production
1111 Oilseed and Grain Farming
11111 Soybean Farming
111110 Soybean Farming
11112 Oilseed (except Soybean) Farming
111120 Oilseed (except Soybean) Farming
11113 Dry Pea and Bean Farming
111130 Dry Pea and Bean Farming
11114 Wheat Farming
111140 Wheat Farming
11115 Corn Farming
111150 Corn Farming
11116 Rice Farming
111160 Rice Farming
11119 Other Grain Farming
111191 Oilseed and Grain Combination Farming
111199 All Other Grain Farming
1112 Vegetable and Melon Farming
11121 Vegetable and Melon Farming
111211 Potato Farming
111219 Other Vegetable (except Potato) and Melon Farming
1113 Fruit and Tree Nut Farming
11131 Orange Groves
111310 Orange Groves
11132 Citrus (except Orange) Groves
111320 Citrus (except Orange) Groves
11133 Noncitrus Fruit and Tree Nut Farming
111331 Apple Orchards
111332 Grape Vineyards
111333 Strawberry Farming
111334 Berry (except Strawberry) Farming
111335 Tree Nut Farming
111336 Fruit and Tree Nut Combination Farming
111339 Other Noncitrus Fruit Farming
1114 Greenhouse, Nursery, and Floriculture Production
11141 Food Crops Grown Under Cover
111411 Mushroom Production
111419 Other Food Crops Grown Under Cover
11142 Nursery and Floriculture Production
111421 Nursery and Tree Production
111422 Floriculture Production
1119 Other Crop Farming
11191 Tobacco Farming
111910 Tobacco Farming
11192 Cotton Farming
111920 Cotton Farming
11193 Sugarcane Farming
65
111930 Sugarcane Farming
11194 Hay Farming
111940 Hay Farming
11199 All Other Crop Farming
111991 Sugar Beet Farming
111992 Peanut Farming
111998 All Other Miscellaneous Crop Farming
112 Animal Production and Aquaculture
1121 Cattle Ranching and Farming
11211 Beef Cattle Ranching and Farming, including Feedlots
112111 Beef Cattle Ranching and Farming
112112 Cattle Feedlots
11212 Dairy Cattle and Milk Production
112120 Dairy Cattle and Milk Production
11213 Dual-Purpose Cattle Ranching and Farming
112130 Dual-Purpose Cattle Ranching and Farming
1122 Hog and Pig Farming
11221 Hog and Pig Farming
112210 Hog and Pig Farming
1123 Poultry and Egg Production
11231 Chicken Egg Production
112310 Chicken Egg Production
11232 Broilers and Other Meat Type Chicken Production
112320 Broilers and Other Meat Type Chicken Production
11233 Turkey Production
112330 Turkey Production
11234 Poultry Hatcheries
112340 Poultry Hatcheries
11239 Other Poultry Production
112390 Other Poultry Production
1124 Sheep and Goat Farming
11241 Sheep Farming
112410 Sheep Farming
11242 Goat Farming
112420 Goat Farming
1125 Aquaculture
11251 Aquaculture
112511 Finfish Farming and Fish Hatcheries
112512 Shellfish Farming
112519 Other Aquaculture
1129 Other Animal Production
11291 Apiculture
112910 Apiculture
11292 Horses and Other Equine Production
112920 Horses and Other Equine Production
11293 Fur-Bearing Animal and Rabbit Production
112930 Fur-Bearing Animal and Rabbit Production
11299 All Other Animal Production
112990 All Other Animal Production
113 Forestry and Logging
1131 Timber Tract Operations
11311 Timber Tract Operations
113110 Timber Tract Operations
1132 Forest Nurseries and Gathering of Forest Products
11321 Forest Nurseries and Gathering of Forest Products
66
113210 Forest Nurseries and Gathering of Forest Products
1133 Logging
11331 Logging
113310 Logging
114 Fishing, Hunting and Trapping
1141 Fishing
11411 Fishing
114111 Finfish Fishing
114112 Shellfish Fishing
114119 Other Marine Fishing
1142 Hunting and Trapping
11421 Hunting and Trapping
114210 Hunting and Trapping
115 Support Activities for Agriculture and Forestry
1151 Support Activities for Crop Production
11511 Support Activities for Crop Production
115111 Cotton Ginning
115112 Soil Preparation, Planting, and Cultivating
115113 Crop Harvesting, Primarily by Machine
115114 Postharvest Crop Activities (except Cotton Ginning)
115115 Farm Labor Contractors and Crew Leaders
115116 Farm Management Services
1152 Support Activities for Animal Production
11521 Support Activities for Animal Production
115210 Support Activities for Animal Production
1153 Support Activities for Forestry
11531 Support Activities for Forestry
115310 Support Activities for Forestry
21 Mining, Quarrying, and Oil and Gas Extraction
211 Oil and Gas Extraction
2111 Oil and Gas Extraction
21111 Oil and Gas Extraction
211111 Crude Petroleum and Natural Gas Extraction
211112 Natural Gas Liquid Extraction
212 Mining (except Oil and Gas)
2121 Coal Mining
21211 Coal Mining
212111 Bituminous Coal and Lignite Surface Mining
212112 Bituminous Coal Underground Mining
212113 Anthracite Mining
2122 Metal Ore Mining
21221 Iron Ore Mining
212210 Iron Ore Mining
21222 Gold Ore and Silver Ore Mining
212221 Gold Ore Mining
212222 Silver Ore Mining
21223 Copper, Nickel, Lead, and Zinc Mining
212231 Lead Ore and Zinc Ore Mining
212234 Copper Ore and Nickel Ore Mining
21229 Other Metal Ore Mining
212291 Uranium-Radium-Vanadium Ore Mining
212299 All Other Metal Ore Mining
2123 Nonmetallic Mineral Mining and Quarrying
21231 Stone Mining and Quarrying
212311 Dimension Stone Mining and Quarrying
67
212312 Crushed and Broken Limestone Mining and Quarrying
212313 Crushed and Broken Granite Mining and Quarrying
212319 Other Crushed and Broken Stone Mining and Quarrying
21232 Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarrying
212321 Construction Sand and Gravel Mining
212322 Industrial Sand Mining
212324 Kaolin and Ball Clay Mining
212325 Clay and Ceramic and Refractory Minerals Mining
21239 Other Nonmetallic Mineral Mining and Quarrying
212391 Potash, Soda, and Borate Mineral Mining
212392 Phosphate Rock Mining
212393 Other Chemical and Fertilizer Mineral Mining
212399 All Other Nonmetallic Mineral Mining
213 Support Activities for Mining
2131 Support Activities for Mining
21311 Support Activities for Mining
213111 Drilling Oil and Gas Wells
213112 Support Activities for Oil and Gas Operations
213113 Support Activities for Coal Mining
213114 Support Activities for Metal Mining
213115 Support Activities for Nonmetallic Minerals (except Fuels) Mining
22 Utilities
221 Utilities
2211 Electric Power Generation, Transmission and Distribution
22111 Electric Power Generation
221111 Hydroelectric Power Generation
221112 Fossil Fuel Electric Power Generation
221113 Nuclear Electric Power Generation
221114 Solar Electric Power Generation
221115 Wind Electric Power Generation
221116 Geothermal Electric Power Generation
221117 Biomass Electric Power Generation
221118 Other Electric Power Generation
22112 Electric Power Transmission, Control, and Distribution
221121 Electric Bulk Power Transmission and Control
221122 Electric Power Distribution
2212 Natural Gas Distribution
22121 Natural Gas Distribution
221210 Natural Gas Distribution
2213 Water, Sewage and Other Systems
22131 Water Supply and Irrigation Systems
221310 Water Supply and Irrigation Systems
22132 Sewage Treatment Facilities
221320 Sewage Treatment Facilities
22133 Steam and Air-Conditioning Supply
221330 Steam and Air-Conditioning Supply
23 Construction
236 Construction of Buildings
2361 Residential Building Construction
23611 Residential Building Construction
236115 New Single-Family Housing Construction (except For-Sale Builders)
236116 New Multifamily Housing Construction (except For-Sale Builders)
236117 New Housing For-Sale Builders
236118 Residential Remodelers
2362 Nonresidential Building Construction
68
23621 Industrial Building Construction
236210 Industrial Building Construction
23622 Commercial and Institutional Building Construction
236220 Commercial and Institutional Building Construction
237 Heavy and Civil Engineering Construction
2371 Utility System Construction
23711 Water and Sewer Line and Related Structures Construction
237110 Water and Sewer Line and Related Structures Construction
23712 Oil and Gas Pipeline and Related Structures Construction
237120 Oil and Gas Pipeline and Related Structures Construction
23713 Power and Communication Line and Related Structures Construction
237130 Power and Communication Line and Related Structures Construction
2372 Land Subdivision
23721 Land Subdivision
237210 Land Subdivision
2373 Highway, Street, and Bridge Construction
23731 Highway, Street, and Bridge Construction
237310 Highway, Street, and Bridge Construction
2379 Other Heavy and Civil Engineering Construction
23799 Other Heavy and Civil Engineering Construction
237990 Other Heavy and Civil Engineering Construction
238 Specialty Trade Contractors
2381 Foundation, Structure, and Building Exterior Contractors
23811 Poured Concrete Foundation and Structure Contractors
238110 Poured Concrete Foundation and Structure Contractors
23812 Structural Steel and Precast Concrete Contractors
238120 Structural Steel and Precast Concrete Contractors
23813 Framing Contractors
238130 Framing Contractors
23814 Masonry Contractors
238140 Masonry Contractors
23815 Glass and Glazing Contractors
238150 Glass and Glazing Contractors
23816 Roofing Contractors
238160 Roofing Contractors
23817 Siding Contractors
238170 Siding Contractors
23819 Other Foundation, Structure, and Building Exterior Contractors
238190 Other Foundation, Structure, and Building Exterior Contractors
2382 Building Equipment Contractors
23821 Electrical Contractors and Other Wiring Installation Contractors
238210 Electrical Contractors and Other Wiring Installation Contractors
23822 Plumbing, Heating, and Air-Conditioning Contractors
238220 Plumbing, Heating, and Air-Conditioning Contractors
23829 Other Building Equipment Contractors
238290 Other Building Equipment Contractors
2383 Building Finishing Contractors
23831 Drywall and Insulation Contractors
238310 Drywall and Insulation Contractors
23832 Painting and Wall Covering Contractors
238320 Painting and Wall Covering Contractors
23833 Flooring Contractors
238330 Flooring Contractors
23834 Tile and Terrazzo Contractors
238340 Tile and Terrazzo Contractors
69
23835 Finish Carpentry Contractors
238350 Finish Carpentry Contractors
23839 Other Building Finishing Contractors
238390 Other Building Finishing Contractors
2389 Other Specialty Trade Contractors
23891 Site Preparation Contractors
238910 Site Preparation Contractors
23899 All Other Specialty Trade Contractors
238990 All Other Specialty Trade Contractors
31-33 Manufacturing
311 Food Manufacturing
3111 Animal Food Manufacturing
31111 Animal Food Manufacturing
311111 Dog and Cat Food Manufacturing
311119 Other Animal Food Manufacturing
3112 Grain and Oilseed Milling
31121 Flour Milling and Malt Manufacturing
311211 Flour Milling
311212 Rice Milling
311213 Malt Manufacturing
31122 Starch and Vegetable Fats and Oils Manufacturing
311221 Wet Corn Milling
311224 Soybean and Other Oilseed Processing
311225 Fats and Oils Refining and Blending
31123 Breakfast Cereal Manufacturing
311230 Breakfast Cereal Manufacturing
3113 Sugar and Confectionery Product Manufacturing
31131 Sugar Manufacturing
311313 Beet Sugar Manufacturing
311314 Cane Sugar Manufacturing
31134 Nonchocolate Confectionery Manufacturing
311340 Nonchocolate Confectionery Manufacturing
31135 Chocolate and Confectionery Manufacturing
311351 Chocolate and Confectionery Manufacturing from Cacao Beans
311352 Confectionery Manufacturing from Purchased Chocolate
3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing
31141 Frozen Food Manufacturing
311411 Frozen Fruit, Juice, and Vegetable Manufacturing
311412 Frozen Specialty Food Manufacturing
31142 Fruit and Vegetable Canning, Pickling, and Drying
311421 Fruit and Vegetable Canning
311422 Specialty Canning
311423 Dried and Dehydrated Food Manufacturing
3115 Dairy Product Manufacturing
31151 Dairy Product (except Frozen) Manufacturing
311511 Fluid Milk Manufacturing
311512 Creamery Butter Manufacturing
311513 Cheese Manufacturing
311514 Dry, Condensed, and Evaporated Dairy Product Manufacturing
31152 Ice Cream and Frozen Dessert Manufacturing
311520 Ice Cream and Frozen Dessert Manufacturing
3116 Animal Slaughtering and Processing
31161 Animal Slaughtering and Processing
311611 Animal (except Poultry) Slaughtering
311612 Meat Processed from Carcasses
70
311613 Rendering and Meat Byproduct Processing
311615 Poultry Processing
3117 Seafood Product Preparation and Packaging
31171 Seafood Product Preparation and Packaging
311710 Seafood Product Preparation and Packaging
3118 Bakeries and Tortilla Manufacturing
31181 Bread and Bakery Product Manufacturing
311811 Retail Bakeries
311812 Commercial Bakeries
311813 Frozen Cakes, Pies, and Other Pastries Manufacturing
31182 Cookie, Cracker, and Pasta Manufacturing
311821 Cookie and Cracker Manufacturing
311824 Dry Pasta, Dough, and Flour Mixes Manufacturing from Purchased Flour
31183 Tortilla Manufacturing
311830 Tortilla Manufacturing
3119 Other Food Manufacturing
31191 Snack Food Manufacturing
311911 Roasted Nuts and Peanut Butter Manufacturing
311919 Other Snack Food Manufacturing
31192 Coffee and Tea Manufacturing
311920 Coffee and Tea Manufacturing
31193 Flavoring Syrup and Concentrate Manufacturing
311930 Flavoring Syrup and Concentrate Manufacturing
31194 Seasoning and Dressing Manufacturing
311941 Mayonnaise, Dressing, and Other Prepared Sauce Manufacturing
311942 Spice and Extract Manufacturing
31199 All Other Food Manufacturing
311991 Perishable Prepared Food Manufacturing
311999 All Other Miscellaneous Food Manufacturing
312 Beverage and Tobacco Product Manufacturing
3121 Beverage Manufacturing
31211 Soft Drink and Ice Manufacturing
312111 Soft Drink Manufacturing
312112 Bottled Water Manufacturing
312113 Ice Manufacturing
31212 Breweries
312120 Breweries
31213 Wineries
312130 Wineries
31214 Distilleries
312140 Distilleries
3122 Tobacco Manufacturing
31223 Tobacco Manufacturing
312230 Tobacco Manufacturing
313 Textile Mills
3131 Fiber, Yarn, and Thread Mills
31311 Fiber, Yarn, and Thread Mills
313110 Fiber, Yarn, and Thread Mills
3132 Fabric Mills
31321 Broadwoven Fabric Mills
313210 Broadwoven Fabric Mills
31322 Narrow Fabric Mills and Schiffli Machine Embroidery
313220 Narrow Fabric Mills and Schiffli Machine Embroidery
31323 Nonwoven Fabric Mills
313230 Nonwoven Fabric Mills
71
31324 Knit Fabric Mills
313240 Knit Fabric Mills
3133 Textile and Fabric Finishing and Fabric Coating Mills
31331 Textile and Fabric Finishing Mills
313310 Textile and Fabric Finishing Mills
31332 Fabric Coating Mills
313320 Fabric Coating Mills
314 Textile Product Mills
3141 Textile Furnishings Mills
31411 Carpet and Rug Mills
314110 Carpet and Rug Mills
31412 Curtain and Linen Mills
314120 Curtain and Linen Mills
3149 Other Textile Product Mills
31491 Textile Bag and Canvas Mills
314910 Textile Bag and Canvas Mills
31499 All Other Textile Product Mills
314994 Rope, Cordage, Twine, Tire Cord, and Tire Fabric Mills
314999 All Other Miscellaneous Textile Product Mills
315 Apparel Manufacturing
3151 Apparel Knitting Mills
31511 Hosiery and Sock Mills
315110 Hosiery and Sock Mills
31519 Other Apparel Knitting Mills
315190 Other Apparel Knitting Mills
3152 Cut and Sew Apparel Manufacturing
31521 Cut and Sew Apparel Contractors
315210 Cut and Sew Apparel Contractors
31522 Men’s and Boys’ Cut and Sew Apparel Manufacturing
315220 Men’s and Boys’ Cut and Sew Apparel Manufacturing
31524 Women’s, Girls’, and Infants’ Cut and Sew Apparel Manufacturing
315240 Women’s, Girls’, and Infants’ Cut and Sew Apparel Manufacturing
31528 Other Cut and Sew Apparel Manufacturing
315280 Other Cut and Sew Apparel Manufacturing
3159 Apparel Accessories and Other Apparel Manufacturing
31599 Apparel Accessories and Other Apparel Manufacturing
315990 Apparel Accessories and Other Apparel Manufacturing
316 Leather and Allied Product Manufacturing
3161 Leather and Hide Tanning and Finishing
31611 Leather and Hide Tanning and Finishing
316110 Leather and Hide Tanning and Finishing
3162 Footwear Manufacturing
31621 Footwear Manufacturing
316210 Footwear Manufacturing
3169 Other Leather and Allied Product Manufacturing
31699 Other Leather and Allied Product Manufacturing
316992 Women's Handbag and Purse Manufacturing
316998 All Other Leather Good and Allied Product Manufacturing
321 Wood Product Manufacturing
3211 Sawmills and Wood Preservation
32111 Sawmills and Wood Preservation
321113 Sawmills
321114 Wood Preservation
3212 Veneer, Plywood, and Engineered Wood Product Manufacturing
32121 Veneer, Plywood, and Engineered Wood Product Manufacturing
72
321211 Hardwood Veneer and Plywood Manufacturing
321212 Softwood Veneer and Plywood Manufacturing
321213 Engineered Wood Member (except Truss) Manufacturing
321214 Truss Manufacturing
321219 Reconstituted Wood Product Manufacturing
3219 Other Wood Product Manufacturing
32191 Millwork
321911 Wood Window and Door Manufacturing
321912 Cut Stock, Resawing Lumber, and Planing
321918 Other Millwork (including Flooring)
32192 Wood Container and Pallet Manufacturing
321920 Wood Container and Pallet Manufacturing
32199 All Other Wood Product Manufacturing
321991 Manufactured Home (Mobile Home) Manufacturing
321992 Prefabricated Wood Building Manufacturing
321999 All Other Miscellaneous Wood Product Manufacturing
322 Paper Manufacturing
3221 Pulp, Paper, and Paperboard Mills
32211 Pulp Mills
322110 Pulp Mills
32212 Paper Mills
322121 Paper (except Newsprint) Mills
322122 Newsprint Mills
32213 Paperboard Mills
322130 Paperboard Mills
3222 Converted Paper Product Manufacturing
32221 Paperboard Container Manufacturing
322211 Corrugated and Solid Fiber Box Manufacturing
322212 Folding Paperboard Box Manufacturing
322219 Other Paperboard Container Manufacturing
32222 Paper Bag and Coated and Treated Paper Manufacturing
322220 Paper Bag and Coated and Treated Paper Manufacturing
32223 Stationery Product Manufacturing
322230 Stationery Product Manufacturing
32229 Other Converted Paper Product Manufacturing
322291 Sanitary Paper Product Manufacturing
322299 All Other Converted Paper Product Manufacturing
323 Printing and Related Support Activities
3231 Printing and Related Support Activities
32311 Printing
323111 Commercial Printing (except Screen and Books)
323113 Commercial Screen Printing
323117 Books Printing
32312 Support Activities for Printing
323120 Support Activities for Printing
324 Petroleum and Coal Products Manufacturing
3241 Petroleum and Coal Products Manufacturing
32411 Petroleum Refineries
324110 Petroleum Refineries
32412 Asphalt Paving, Roofing, and Saturated Materials Manufacturing
324121 Asphalt Paving Mixture and Block Manufacturing
324122 Asphalt Shingle and Coating Materials Manufacturing
32419 Other Petroleum and Coal Products Manufacturing
324191 Petroleum Lubricating Oil and Grease Manufacturing
324199 All Other Petroleum and Coal Products Manufacturing
73
325 Chemical Manufacturing
3251 Basic Chemical Manufacturing
32511 Petrochemical Manufacturing
325110 Petrochemical Manufacturing
32512 Industrial Gas Manufacturing
325120 Industrial Gas Manufacturing
32513 Synthetic Dye and Pigment Manufacturing
325130 Synthetic Dye and Pigment Manufacturing
32518 Other Basic Inorganic Chemical Manufacturing
325180 Other Basic Inorganic Chemical Manufacturing
32519 Other Basic Organic Chemical Manufacturing
325193 Ethyl Alcohol Manufacturing
325194 Cyclic Crude, Intermediate, and Gum and Wood Chemical Manufacturing
325199 All Other Basic Organic Chemical Manufacturing
3252 Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing
32521 Resin and Synthetic Rubber Manufacturing
325211 Plastics Material and Resin Manufacturing
325212 Synthetic Rubber Manufacturing
32522 Artificial and Synthetic Fibers and Filaments Manufacturing
325220 Artificial and Synthetic Fibers and Filaments Manufacturing
3253 Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing
32531 Fertilizer Manufacturing
325311 Nitrogenous Fertilizer Manufacturing
325312 Phosphatic Fertilizer Manufacturing
325314 Fertilizer (Mixing Only) Manufacturing
32532 Pesticide and Other Agricultural Chemical Manufacturing
325320 Pesticide and Other Agricultural Chemical Manufacturing
3254 Pharmaceutical and Medicine Manufacturing
32541 Pharmaceutical and Medicine Manufacturing
325411 Medicinal and Botanical Manufacturing
325412 Pharmaceutical Preparation Manufacturing
325413 In-Vitro Diagnostic Substance Manufacturing
325414 Biological Product (except Diagnostic) Manufacturing
3255 Paint, Coating, and Adhesive Manufacturing
32551 Paint and Coating Manufacturing
325510 Paint and Coating Manufacturing
32552 Adhesive Manufacturing
325520 Adhesive Manufacturing
3256 Soap, Cleaning Compound, and Toilet Preparation Manufacturing
32561 Soap and Cleaning Compound Manufacturing
325611 Soap and Other Detergent Manufacturing
325612 Polish and Other Sanitation Good Manufacturing
325613 Surface Active Agent Manufacturing
32562 Toilet Preparation Manufacturing
325620 Toilet Preparation Manufacturing
3259 Other Chemical Product and Preparation Manufacturing
32591 Printing Ink Manufacturing
325910 Printing Ink Manufacturing
32592 Explosives Manufacturing
325920 Explosives Manufacturing
32599 All Other Chemical Product and Preparation Manufacturing
325991 Custom Compounding of Purchased Resins
325992 Photographic Film, Paper, Plate, and Chemical Manufacturing
325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing
326 Plastics and Rubber Products Manufacturing
74
3261 Plastics Product Manufacturing
32611 Plastics Packaging Materials and Unlaminated Film and Sheet Manufacturing
326111 Plastics Bag and Pouch Manufacturing
326112 Plastics Packaging Film and Sheet (including Laminated) Manufacturing
326113 Unlaminated Plastics Film and Sheet (except Packaging) Manufacturing
32612 Plastics Pipe, Pipe Fitting, and Unlaminated Profile Shape Manufacturing
326121 Unlaminated Plastics Profile Shape Manufacturing
326122 Plastics Pipe and Pipe Fitting Manufacturing
32613 Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing
326130 Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing
32614 Polystyrene Foam Product Manufacturing
326140 Polystyrene Foam Product Manufacturing
32615 Urethane and Other Foam Product (except Polystyrene) Manufacturing
326150 Urethane and Other Foam Product (except Polystyrene) Manufacturing
32616 Plastics Bottle Manufacturing
326160 Plastics Bottle Manufacturing
32619 Other Plastics Product Manufacturing
326191 Plastics Plumbing Fixture Manufacturing
326199 All Other Plastics Product Manufacturing
3262 Rubber Product Manufacturing
32621 Tire Manufacturing
326211 Tire Manufacturing (except Retreading)
326212 Tire Retreading
32622 Rubber and Plastics Hoses and Belting Manufacturing
326220 Rubber and Plastics Hoses and Belting Manufacturing
32629 Other Rubber Product Manufacturing
326291 Rubber Product Manufacturing for Mechanical Use
326299 All Other Rubber Product Manufacturing
327 Nonmetallic Mineral Product Manufacturing
3271 Clay Product and Refractory Manufacturing
32711 Pottery, Ceramics, and Plumbing Fixture Manufacturing
327110 Pottery, Ceramics, and Plumbing Fixture Manufacturing
32712 Clay Building Material and Refractories Manufacturing
327120 Clay Building Material and Refractories Manufacturing
3272 Glass and Glass Product Manufacturing
32721 Glass and Glass Product Manufacturing
327211 Flat Glass Manufacturing
327212 Other Pressed and Blown Glass and Glassware Manufacturing
327213 Glass Container Manufacturing
327215 Glass Product Manufacturing Made of Purchased Glass
3273 Cement and Concrete Product Manufacturing
32731 Cement Manufacturing
327310 Cement Manufacturing
32732 Ready-Mix Concrete Manufacturing
327320 Ready-Mix Concrete Manufacturing
32733 Concrete Pipe, Brick, and Block Manufacturing
327331 Concrete Block and Brick Manufacturing
327332 Concrete Pipe Manufacturing
32739 Other Concrete Product Manufacturing
327390 Other Concrete Product Manufacturing
3274 Lime and Gypsum Product Manufacturing
32741 Lime Manufacturing
327410 Lime Manufacturing
32742 Gypsum Product Manufacturing
327420 Gypsum Product Manufacturing
75
3279 Other Nonmetallic Mineral Product Manufacturing
32791 Abrasive Product Manufacturing
327910 Abrasive Product Manufacturing
32799 All Other Nonmetallic Mineral Product Manufacturing
327991 Cut Stone and Stone Product Manufacturing
327992 Ground or Treated Mineral and Earth Manufacturing
327993 Mineral Wool Manufacturing
327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing
331 Primary Metal Manufacturing
3311 Iron and Steel Mills and Ferroalloy Manufacturing
33111 Iron and Steel Mills and Ferroalloy Manufacturing
331110 Iron and Steel Mills and Ferroalloy Manufacturing
3312 Steel Product Manufacturing from Purchased Steel
33121 Iron and Steel Pipe and Tube Manufacturing from Purchased Steel
331210 Iron and Steel Pipe and Tube Manufacturing from Purchased Steel
33122 Rolling and Drawing of Purchased Steel
331221 Rolled Steel Shape Manufacturing
331222 Steel Wire Drawing
3313 Alumina and Aluminum Production and Processing
33131 Alumina and Aluminum Production and Processing
331313 Alumina Refining and Primary Aluminum Production
331314 Secondary Smelting and Alloying of Aluminum
331315 Aluminum Sheet, Plate, and Foil Manufacturing
331318 Other Aluminum Rolling, Drawing, and Extruding
3314 Nonferrous Metal (except Aluminum) Production and Processing
33141 Nonferrous Metal (except Aluminum) Smelting and Refining
331410 Nonferrous Metal (except Aluminum) Smelting and Refining
33142 Copper Rolling, Drawing, Extruding, and Alloying
331420 Copper Rolling, Drawing, Extruding, and Alloying
33149 Nonferrous Metal (except Copper and Aluminum) Rolling, Drawing, Extruding, and Alloying
331491 Nonferrous Metal (except Copper and Aluminum) Rolling, Drawing, and Extruding
331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and
Aluminum)
3315 Foundries
33151 Ferrous Metal Foundries
331511 Iron Foundries
331512 Steel Investment Foundries
331513 Steel Foundries (except Investment)
33152 Nonferrous Metal Foundries
331523 Nonferrous Metal Die-Casting Foundries
331524 Aluminum Foundries (except Die-Casting)
331529 Other Nonferrous Metal Foundries (except Die-Casting)
332 Fabricated Metal Product Manufacturing
3321 Forging and Stamping
33211 Forging and Stamping
332111 Iron and Steel Forging
332112 Nonferrous Forging
332114 Custom Roll Forming
332117 Powder Metallurgy Part Manufacturing
332119 Metal Crown, Closure, and Other Metal Stamping (except Automotive)
3322 Cutlery and Handtool Manufacturing
33221 Cutlery and Handtool Manufacturing
332215 Metal Kitchen Cookware, Utensil, Cutlery, and Flatware (except Precious) Manufacturing
76
332216 Saw Blade and Handtool Manufacturing
3323 Architectural and Structural Metals Manufacturing
33231 Plate Work and Fabricated Structural Product Manufacturing
332311 Prefabricated Metal Building and Component Manufacturing
332312 Fabricated Structural Metal Manufacturing
332313 Plate Work Manufacturing
33232 Ornamental and Architectural Metal Products Manufacturing
332321 Metal Window and Door Manufacturing
332322 Sheet Metal Work Manufacturing
332323 Ornamental and Architectural Metal Work Manufacturing
3324 Boiler, Tank, and Shipping Container Manufacturing
33241 Power Boiler and Heat Exchanger Manufacturing
332410 Power Boiler and Heat Exchanger Manufacturing
33242 Metal Tank (Heavy Gauge) Manufacturing
332420 Metal Tank (Heavy Gauge) Manufacturing
33243 Metal Can, Box, and Other Metal Container (Light Gauge) Manufacturing
332431 Metal Can Manufacturing
332439 Other Metal Container Manufacturing
3325 Hardware Manufacturing
33251 Hardware Manufacturing
332510 Hardware Manufacturing
3326 Spring and Wire Product Manufacturing
33261 Spring and Wire Product Manufacturing
332613 Spring Manufacturing
332618 Other Fabricated Wire Product Manufacturing
3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing
33271 Machine Shops
332710 Machine Shops
33272 Turned Product and Screw, Nut, and Bolt Manufacturing
332721 Precision Turned Product Manufacturing
332722 Bolt, Nut, Screw, Rivet, and Washer Manufacturing
3328 Coating, Engraving, Heat Treating, and Allied Activities
33281 Coating, Engraving, Heat Treating, and Allied Activities
332811 Metal Heat Treating
332812 Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to
Manufacturers
332813 Electroplating, Plating, Polishing, Anodizing, and Coloring
3329 Other Fabricated Metal Product Manufacturing
33291 Metal Valve Manufacturing
332911 Industrial Valve Manufacturing
332912 Fluid Power Valve and Hose Fitting Manufacturing
332913 Plumbing Fixture Fitting and Trim Manufacturing
332919 Other Metal Valve and Pipe Fitting Manufacturing
33299 All Other Fabricated Metal Product Manufacturing
332991 Ball and Roller Bearing Manufacturing
332992 Small Arms Ammunition Manufacturing
332993 Ammunition (except Small Arms) Manufacturing
332994 Small Arms, Ordnance, and Ordnance Accessories Manufacturing
332996 Fabricated Pipe and Pipe Fitting Manufacturing
332999 All Other Miscellaneous Fabricated Metal Product Manufacturing
333 Machinery Manufacturing
3331 Agriculture, Construction, and Mining Machinery Manufacturing
33311 Agricultural Implement Manufacturing
333111 Farm Machinery and Equipment Manufacturing
333112 Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing
77
33312 Construction Machinery Manufacturing
333120 Construction Machinery Manufacturing
33313 Mining and Oil and Gas Field Machinery Manufacturing
333131 Mining Machinery and Equipment Manufacturing
333132 Oil and Gas Field Machinery and Equipment Manufacturing
3332 Industrial Machinery Manufacturing
33324 Industrial Machinery Manufacturing
333241 Food Product Machinery Manufacturing
333242 Semiconductor Machinery Manufacturing
333243 Sawmill, Woodworking, and Paper Machinery Manufacturing
333244 Printing Machinery and Equipment Manufacturing
333249 Other Industrial Machinery Manufacturing
3333 Commercial and Service Industry Machinery Manufacturing
33331 Commercial and Service Industry Machinery Manufacturing
333314 Optical Instrument and Lens Manufacturing
333316 Photographic and Photocopying Equipment Manufacturing
333318 Other Commercial and Service Industry Machinery Manufacturing
3334 Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment
Manufacturing
33341 Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment
Manufacturing
333413 Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing
333414 Heating Equipment (except Warm Air Furnaces) Manufacturing
333415 Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial
Refrigeration Equipment Manufacturing
3335 Metalworking Machinery Manufacturing
33351 Metalworking Machinery Manufacturing
333511 Industrial Mold Manufacturing
333514 Special Die and Tool, Die Set, Jig, and Fixture Manufacturing
333515 Cutting Tool and Machine Tool Accessory Manufacturing
333517 Machine Tool Manufacturing
333519 Rolling Mill and Other Metalworking Machinery Manufacturing
3336 Engine, Turbine, and Power Transmission Equipment Manufacturing
33361 Engine, Turbine, and Power Transmission Equipment Manufacturing
333611 Turbine and Turbine Generator Set Units Manufacturing
333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing
333613 Mechanical Power Transmission Equipment Manufacturing
333618 Other Engine Equipment Manufacturing
3339 Other General Purpose Machinery Manufacturing
33391 Pump and Compressor Manufacturing
333911 Pump and Pumping Equipment Manufacturing
333912 Air and Gas Compressor Manufacturing
333913 Measuring and Dispensing Pump Manufacturing
33392 Material Handling Equipment Manufacturing
333921 Elevator and Moving Stairway Manufacturing
333922 Conveyor and Conveying Equipment Manufacturing
333923 Overhead Traveling Crane, Hoist, and Monorail System Manufacturing
333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing
33399 All Other General Purpose Machinery Manufacturing
333991 Power-Driven Handtool Manufacturing
333992 Welding and Soldering Equipment Manufacturing
333993 Packaging Machinery Manufacturing
333994 Industrial Process Furnace and Oven Manufacturing
333995 Fluid Power Cylinder and Actuator Manufacturing
78
333996 Fluid Power Pump and Motor Manufacturing
333997 Scale and Balance Manufacturing
333999 All Other Miscellaneous General Purpose Machinery Manufacturing
334 Computer and Electronic Product Manufacturing
3341 Computer and Peripheral Equipment Manufacturing
33411 Computer and Peripheral Equipment Manufacturing
334111 Electronic Computer Manufacturing
334112 Computer Storage Device Manufacturing
334118 Computer Terminal and Other Computer Peripheral Equipment Manufacturing
3342 Communications Equipment Manufacturing
33421 Telephone Apparatus Manufacturing
334210 Telephone Apparatus Manufacturing
33422 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
33429 Other Communications Equipment Manufacturing
334290 Other Communications Equipment Manufacturing
3343 Audio and Video Equipment Manufacturing
33431 Audio and Video Equipment Manufacturing
334310 Audio and Video Equipment Manufacturing
3344 Semiconductor and Other Electronic Component Manufacturing
33441 Semiconductor and Other Electronic Component Manufacturing
334412 Bare Printed Circuit Board Manufacturing
334413 Semiconductor and Related Device Manufacturing
334416 Capacitor, Resistor, Coil, Transformer, and Other Inductor Manufacturing
334417 Electronic Connector Manufacturing
334418 Printed Circuit Assembly (Electronic Assembly) Manufacturing
334419 Other Electronic Component Manufacturing
3345 Navigational, Measuring, Electromedical, and Control Instruments Manufacturing
33451 Navigational, Measuring, Electromedical, and Control Instruments Manufacturing
334510 Electromedical and Electrotherapeutic Apparatus Manufacturing
334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument
Manufacturing
334512 Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance
Use
334513 Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling
Industrial Process Variables
334514 Totalizing Fluid Meter and Counting Device Manufacturing
334515 Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals
334516 Analytical Laboratory Instrument Manufacturing
334517 Irradiation Apparatus Manufacturing
334519 Other Measuring and Controlling Device Manufacturing
3346 Manufacturing and Reproducing Magnetic and Optical Media
33461 Manufacturing and Reproducing Magnetic and Optical Media
334613 Blank Magnetic and Optical Recording Media Manufacturing
334614 Software and Other Prerecorded Compact Disc, Tape, and Record Reproducing
335 Electrical Equipment, Appliance, and Component Manufacturing
3351 Electric Lighting Equipment Manufacturing
33511 Electric Lamp Bulb and Part Manufacturing
335110 Electric Lamp Bulb and Part Manufacturing
33512 Lighting Fixture Manufacturing
335121 Residential Electric Lighting Fixture Manufacturing
335122 Commercial, Industrial, and Institutional Electric Lighting Fixture Manufacturing
335129 Other Lighting Equipment Manufacturing
79
3352 Household Appliance Manufacturing
33521 Small Electrical Appliance Manufacturing
335210 Small Electrical Appliance Manufacturing
33522 Major Appliance Manufacturing
335221 Household Cooking Appliance Manufacturing
335222 Household Refrigerator and Home Freezer Manufacturing
335224 Household Laundry Equipment Manufacturing
335228 Other Major Household Appliance Manufacturing
3353 Electrical Equipment Manufacturing
33531 Electrical Equipment Manufacturing
335311 Power, Distribution, and Specialty Transformer Manufacturing
335312 Motor and Generator Manufacturing
335313 Switchgear and Switchboard Apparatus Manufacturing
335314 Relay and Industrial Control Manufacturing
3359 Other Electrical Equipment and Component Manufacturing
33591 Battery Manufacturing
335911 Storage Battery Manufacturing
335912 Primary Battery Manufacturing
33592 Communication and Energy Wire and Cable Manufacturing
335921 Fiber Optic Cable Manufacturing
335929 Other Communication and Energy Wire Manufacturing
33593 Wiring Device Manufacturing
335931 Current-Carrying Wiring Device Manufacturing
335932 Noncurrent-Carrying Wiring Device Manufacturing
33599 All Other Electrical Equipment and Component Manufacturing
335991 Carbon and Graphite Product Manufacturing
335999 All Other Miscellaneous Electrical Equipment and Component Manufacturing
336 Transportation Equipment Manufacturing
3361 Motor Vehicle Manufacturing
33611 Automobile and Light Duty Motor Vehicle Manufacturing
336111 Automobile Manufacturing
336112 Light Truck and Utility Vehicle Manufacturing
33612 Heavy Duty Truck Manufacturing
336120 Heavy Duty Truck Manufacturing
3362 Motor Vehicle Body and Trailer Manufacturing
33621 Motor Vehicle Body and Trailer Manufacturing
336211 Motor Vehicle Body Manufacturing
336212 Truck Trailer Manufacturing
336213 Motor Home Manufacturing
336214 Travel Trailer and Camper Manufacturing
3363 Motor Vehicle Parts Manufacturing
33631 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing
336310 Motor Vehicle Gasoline Engine and Engine Parts Manufacturing
33632 Motor Vehicle Electrical and Electronic Equipment Manufacturing
336320 Motor Vehicle Electrical and Electronic Equipment Manufacturing
33633 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing
336330 Motor Vehicle Steering and Suspension Components (except Spring) Manufacturing
33634 Motor Vehicle Brake System Manufacturing
336340 Motor Vehicle Brake System Manufacturing
33635 Motor Vehicle Transmission and Power Train Parts Manufacturing
336350 Motor Vehicle Transmission and Power Train Parts Manufacturing
33636 Motor Vehicle Seating and Interior Trim Manufacturing
336360 Motor Vehicle Seating and Interior Trim Manufacturing
33637 Motor Vehicle Metal Stamping
336370 Motor Vehicle Metal Stamping
80
33639 Other Motor Vehicle Parts Manufacturing
336390 Other Motor Vehicle Parts Manufacturing
3364 Aerospace Product and Parts Manufacturing
33641 Aerospace Product and Parts Manufacturing
336411 Aircraft Manufacturing
336412 Aircraft Engine and Engine Parts Manufacturing
336413 Other Aircraft Parts and Auxiliary Equipment Manufacturing
336414 Guided Missile and Space Vehicle Manufacturing
336415 Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit Parts Manufacturing
336419 Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment Manufacturing
3365 Railroad Rolling Stock Manufacturing
33651 Railroad Rolling Stock Manufacturing
336510 Railroad Rolling Stock Manufacturing
3366 Ship and Boat Building
33661 Ship and Boat Building
336611 Ship Building and Repairing
336612 Boat Building
3369 Other Transportation Equipment Manufacturing
33699 Other Transportation Equipment Manufacturing
336991 Motorcycle, Bicycle, and Parts Manufacturing
336992 Military Armored Vehicle, Tank, and Tank Component Manufacturing
336999 All Other Transportation Equipment Manufacturing
337 Furniture and Related Product Manufacturing
3371 Household and Institutional Furniture and Kitchen Cabinet Manufacturing
33711 Wood Kitchen Cabinet and Countertop Manufacturing
337110 Wood Kitchen Cabinet and Countertop Manufacturing
33712 Household and Institutional Furniture Manufacturing
337121 Upholstered Household Furniture Manufacturing
337122 Nonupholstered Wood Household Furniture Manufacturing
337124 Metal Household Furniture Manufacturing
337125 Household Furniture (except Wood and Metal) Manufacturing
337127 Institutional Furniture Manufacturing
3372 Office Furniture (including Fixtures) Manufacturing
33721 Office Furniture (including Fixtures) Manufacturing
337211 Wood Office Furniture Manufacturing
337212 Custom Architectural Woodwork and Millwork Manufacturing
337214 Office Furniture (except Wood) Manufacturing
337215 Showcase, Partition, Shelving, and Locker Manufacturing
3379 Other Furniture Related Product Manufacturing
33791 Mattress Manufacturing
337910 Mattress Manufacturing
33792 Blind and Shade Manufacturing
337920 Blind and Shade Manufacturing
339 Miscellaneous Manufacturing
3391 Medical Equipment and Supplies Manufacturing
33911 Medical Equipment and Supplies Manufacturing
339112 Surgical and Medical Instrument Manufacturing
339113 Surgical Appliance and Supplies Manufacturing
339114 Dental Equipment and Supplies Manufacturing
339115 Ophthalmic Goods Manufacturing
339116 Dental Laboratories
3399 Other Miscellaneous Manufacturing
33991 Jewelry and Silverware Manufacturing
81
339910 Jewelry and Silverware Manufacturing
33992 Sporting and Athletic Goods Manufacturing
339920 Sporting and Athletic Goods Manufacturing
33993 Doll, Toy, and Game Manufacturing
339930 Doll, Toy, and Game Manufacturing
33994 Office Supplies (except Paper) Manufacturing
339940 Office Supplies (except Paper) Manufacturing
33995 Sign Manufacturing
339950 Sign Manufacturing
33999 All Other Miscellaneous Manufacturing
339991 Gasket, Packing, and Sealing Device Manufacturing
339992 Musical Instrument Manufacturing
339993 Fastener, Button, Needle, and Pin Manufacturing
339994 Broom, Brush, and Mop Manufacturing
339995 Burial Casket Manufacturing
339999 All Other Miscellaneous Manufacturing
42 Wholesale Trade
423 Merchant Wholesalers, Durable Goods
4231 Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers
42311 Automobile and Other Motor Vehicle Merchant Wholesalers
423110 Automobile and Other Motor Vehicle Merchant Wholesalers
42312 Motor Vehicle Supplies and New Parts Merchant Wholesalers
423120 Motor Vehicle Supplies and New Parts Merchant Wholesalers
42313 Tire and Tube Merchant Wholesalers
423130 Tire and Tube Merchant Wholesalers
42314 Motor Vehicle Parts (Used) Merchant Wholesalers
423140 Motor Vehicle Parts (Used) Merchant Wholesalers
4232 Furniture and Home Furnishing Merchant Wholesalers
42321 Furniture Merchant Wholesalers
423210 Furniture Merchant Wholesalers
42322 Home Furnishing Merchant Wholesalers
423220 Home Furnishing Merchant Wholesalers
4233 Lumber and Other Construction Materials Merchant Wholesalers
42331 Lumber, Plywood, Millwork, and Wood Panel Merchant Wholesalers
423310 Lumber, Plywood, Millwork, and Wood Panel Merchant Wholesalers
42332 Brick, Stone, and Related Construction Material Merchant Wholesalers
423320 Brick, Stone, and Related Construction Material Merchant Wholesalers
42333 Roofing, Siding, and Insulation Material Merchant Wholesalers
423330 Roofing, Siding, and Insulation Material Merchant Wholesalers
42339 Other Construction Material Merchant Wholesalers
423390 Other Construction Material Merchant Wholesalers
4234 Professional and Commercial Equipment and Supplies Merchant Wholesalers
42341 Photographic Equipment and Supplies Merchant Wholesalers
423410 Photographic Equipment and Supplies Merchant Wholesalers
42342 Office Equipment Merchant Wholesalers
423420 Office Equipment Merchant Wholesalers
42343 Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
423430 Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
42344 Other Commercial Equipment Merchant Wholesalers
423440 Other Commercial Equipment Merchant Wholesalers
42345 Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers
423450 Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers
42346 Ophthalmic Goods Merchant Wholesalers
423460 Ophthalmic Goods Merchant Wholesalers
42349 Other Professional Equipment and Supplies Merchant Wholesalers
82
423490 Other Professional Equipment and Supplies Merchant Wholesalers
4235 Metal and Mineral (except Petroleum) Merchant Wholesalers
42351 Metal Service Centers and Other Metal Merchant Wholesalers
423510 Metal Service Centers and Other Metal Merchant Wholesalers
42352 Coal and Other Mineral and Ore Merchant Wholesalers
423520 Coal and Other Mineral and Ore Merchant Wholesalers
4236 Household Appliances and Electrical and Electronic Goods Merchant Wholesalers
42361 Electrical Apparatus and Equipment, Wiring Supplies, and Related Equipment Merchant
Wholesalers
423610 Electrical Apparatus and Equipment, Wiring Supplies, and Related Equipment Merchant
Wholesalers
42362 Household Appliances, Electric Housewares, and Consumer Electronics Merchant
Wholesalers
423620 Household Appliances, Electric Housewares, and Consumer Electronics Merchant
Wholesalers
42369 Other Electronic Parts and Equipment Merchant Wholesalers
423690 Other Electronic Parts and Equipment Merchant Wholesalers
4237 Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers
42371 Hardware Merchant Wholesalers
423710 Hardware Merchant Wholesalers
42372 Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers
423720 Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers
42373 Warm Air Heating and Air-Conditioning Equipment and Supplies Merchant Wholesalers
423730 Warm Air Heating and Air-Conditioning Equipment and Supplies Merchant Wholesalers
42374 Refrigeration Equipment and Supplies Merchant Wholesalers
423740 Refrigeration Equipment and Supplies Merchant Wholesalers
4238 Machinery, Equipment, and Supplies Merchant Wholesalers
42381 Construction and Mining (except Oil Well) Machinery and Equipment Merchant Wholesalers
423810 Construction and Mining (except Oil Well) Machinery and Equipment Merchant Wholesalers
42382 Farm and Garden Machinery and Equipment Merchant Wholesalers
423820 Farm and Garden Machinery and Equipment Merchant Wholesalers
42383 Industrial Machinery and Equipment Merchant Wholesalers
423830 Industrial Machinery and Equipment Merchant Wholesalers
42384 Industrial Supplies Merchant Wholesalers
423840 Industrial Supplies Merchant Wholesalers
42385 Service Establishment Equipment and Supplies Merchant Wholesalers
423850 Service Establishment Equipment and Supplies Merchant Wholesalers
42386 Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers
423860 Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers
4239 Miscellaneous Durable Goods Merchant Wholesalers
42391 Sporting and Recreational Goods and Supplies Merchant Wholesalers
423910 Sporting and Recreational Goods and Supplies Merchant Wholesalers
42392 Toy and Hobby Goods and Supplies Merchant Wholesalers
423920 Toy and Hobby Goods and Supplies Merchant Wholesalers
42393 Recyclable Material Merchant Wholesalers
423930 Recyclable Material Merchant Wholesalers
42394 Jewelry, Watch, Precious Stone, and Precious Metal Merchant Wholesalers
423940 Jewelry, Watch, Precious Stone, and Precious Metal Merchant Wholesalers
42399 Other Miscellaneous Durable Goods Merchant Wholesalers
83
423990 Other Miscellaneous Durable Goods Merchant Wholesalers
424 Merchant Wholesalers, Nondurable Goods
4241 Paper and Paper Product Merchant Wholesalers
42411 Printing and Writing Paper Merchant Wholesalers
424110 Printing and Writing Paper Merchant Wholesalers
42412 Stationery and Office Supplies Merchant Wholesalers
424120 Stationery and Office Supplies Merchant Wholesalers
42413 Industrial and Personal Service Paper Merchant Wholesalers
424130 Industrial and Personal Service Paper Merchant Wholesalers
4242 Drugs and Druggists' Sundries Merchant Wholesalers
42421 Drugs and Druggists' Sundries Merchant Wholesalers
424210 Drugs and Druggists' Sundries Merchant Wholesalers
4243 Apparel, Piece Goods, and Notions Merchant Wholesalers
42431 Piece Goods, Notions, and Other Dry Goods Merchant Wholesalers
424310 Piece Goods, Notions, and Other Dry Goods Merchant Wholesalers
42432 Men's and Boys' Clothing and Furnishings Merchant Wholesalers
424320 Men's and Boys' Clothing and Furnishings Merchant Wholesalers
42433 Women's, Children's, and Infants' Clothing and Accessories Merchant Wholesalers
424330 Women's, Children's, and Infants' Clothing and Accessories Merchant Wholesalers
42434 Footwear Merchant Wholesalers
424340 Footwear Merchant Wholesalers
4244 Grocery and Related Product Merchant Wholesalers
42441 General Line Grocery Merchant Wholesalers
424410 General Line Grocery Merchant Wholesalers
42442 Packaged Frozen Food Merchant Wholesalers
424420 Packaged Frozen Food Merchant Wholesalers
42443 Dairy Product (except Dried or Canned) Merchant Wholesalers
424430 Dairy Product (except Dried or Canned) Merchant Wholesalers
42444 Poultry and Poultry Product Merchant Wholesalers
424440 Poultry and Poultry Product Merchant Wholesalers
42445 Confectionery Merchant Wholesalers
424450 Confectionery Merchant Wholesalers
42446 Fish and Seafood Merchant Wholesalers
424460 Fish and Seafood Merchant Wholesalers
42447 Meat and Meat Product Merchant Wholesalers
424470 Meat and Meat Product Merchant Wholesalers
42448 Fresh Fruit and Vegetable Merchant Wholesalers
424480 Fresh Fruit and Vegetable Merchant Wholesalers
42449 Other Grocery and Related Products Merchant Wholesalers
424490 Other Grocery and Related Products Merchant Wholesalers
4245 Farm Product Raw Material Merchant Wholesalers
42451 Grain and Field Bean Merchant Wholesalers
424510 Grain and Field Bean Merchant Wholesalers
42452 Livestock Merchant Wholesalers
424520 Livestock Merchant Wholesalers
42459 Other Farm Product Raw Material Merchant Wholesalers
424590 Other Farm Product Raw Material Merchant Wholesalers
4246 Chemical and Allied Products Merchant Wholesalers
42461 Plastics Materials and Basic Forms and Shapes Merchant Wholesalers
424610 Plastics Materials and Basic Forms and Shapes Merchant Wholesalers
42469 Other Chemical and Allied Products Merchant Wholesalers
424690 Other Chemical and Allied Products Merchant Wholesalers
4247 Petroleum and Petroleum Products Merchant Wholesalers
42471 Petroleum Bulk Stations and Terminals
424710 Petroleum Bulk Stations and Terminals
84
42472 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and
Terminals)
424720 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and
Terminals)
4248 Beer, Wine, and Distilled Alcoholic Beverage Merchant Wholesalers
42481 Beer and Ale Merchant Wholesalers
424810 Beer and Ale Merchant Wholesalers
42482 Wine and Distilled Alcoholic Beverage Merchant Wholesalers
424820 Wine and Distilled Alcoholic Beverage Merchant Wholesalers
4249 Miscellaneous Nondurable Goods Merchant Wholesalers
42491 Farm Supplies Merchant Wholesalers
424910 Farm Supplies Merchant Wholesalers
42492 Book, Periodical, and Newspaper Merchant Wholesalers
424920 Book, Periodical, and Newspaper Merchant Wholesalers
42493 Flower, Nursery Stock, and Florists' Supplies Merchant Wholesalers
424930 Flower, Nursery Stock, and Florists' Supplies Merchant Wholesalers
42494 Tobacco and Tobacco Product Merchant Wholesalers
424940 Tobacco and Tobacco Product Merchant Wholesalers
42495 Paint, Varnish, and Supplies Merchant Wholesalers
424950 Paint, Varnish, and Supplies Merchant Wholesalers
42499 Other Miscellaneous Nondurable Goods Merchant Wholesalers
424990 Other Miscellaneous Nondurable Goods Merchant Wholesalers
425 Wholesale Electronic Markets and Agents and Brokers
4251 Wholesale Electronic Markets and Agents and Brokers
42511 Business to Business Electronic Markets
425110 Business to Business Electronic Markets
42512 Wholesale Trade Agents and Brokers
425120 Wholesale Trade Agents and Brokers
44-45 Retail Trade
441 Motor Vehicle and Parts Dealers
4411 Automobile Dealers
44111 New Car Dealers
441110 New Car Dealers
44112 Used Car Dealers
441120 Used Car Dealers
4412 Other Motor Vehicle Dealers
44121 Recreational Vehicle Dealers
441210 Recreational Vehicle Dealers
44122 Motorcycle, Boat, and Other Motor Vehicle Dealers
441222 Boat Dealers
441228 Motorcycle, ATV, and All Other Motor Vehicle Dealers
4413 Automotive Parts, Accessories, and Tire Stores
44131 Automotive Parts and Accessories Stores
441310 Automotive Parts and Accessories Stores
44132 Tire Dealers
441320 Tire Dealers
442 Furniture and Home Furnishings Stores
4421 Furniture Stores
44211 Furniture Stores
442110 Furniture Stores
4422 Home Furnishings Stores
44221 Floor Covering Stores
442210 Floor Covering Stores
44229 Other Home Furnishings Stores
442291 Window Treatment Stores
85
442299 All Other Home Furnishings Stores
443 Electronics and Appliance Stores
4431 Electronics and Appliance Stores
44314 Electronics and Appliance Stores
443141 Household Appliance Stores
443142 Electronics Stores
444 Building Material and Garden Equipment and Supplies Dealers
4441 Building Material and Supplies Dealers
44411 Home Centers
444110 Home Centers
44412 Paint and Wallpaper Stores
444120 Paint and Wallpaper Stores
44413 Hardware Stores
444130 Hardware Stores
44419 Other Building Material Dealers
444190 Other Building Material Dealers
4442 Lawn and Garden Equipment and Supplies Stores
44421 Outdoor Power Equipment Stores
444210 Outdoor Power Equipment Stores
44422 Nursery, Garden Center, and Farm Supply Stores
444220 Nursery, Garden Center, and Farm Supply Stores
445 Food and Beverage Stores
4451 Grocery Stores
44511 Supermarkets and Other Grocery (except Convenience) Stores
445110 Supermarkets and Other Grocery (except Convenience) Stores
44512 Convenience Stores
445120 Convenience Stores
4452 Specialty Food Stores
44521 Meat Markets
445210 Meat Markets
44522 Fish and Seafood Markets
445220 Fish and Seafood Markets
44523 Fruit and Vegetable Markets
445230 Fruit and Vegetable Markets
44529 Other Specialty Food Stores
445291 Baked Goods Stores
445292 Confectionery and Nut Stores
445299 All Other Specialty Food Stores
4453 Beer, Wine, and Liquor Stores
44531 Beer, Wine, and Liquor Stores
445310 Beer, Wine, and Liquor Stores
446 Health and Personal Care Stores
4461 Health and Personal Care Stores
44611 Pharmacies and Drug Stores
446110 Pharmacies and Drug Stores
44612 Cosmetics, Beauty Supplies, and Perfume Stores
446120 Cosmetics, Beauty Supplies, and Perfume Stores
44613 Optical Goods Stores
446130 Optical Goods Stores
44619 Other Health and Personal Care Stores
446191 Food (Health) Supplement Stores
446199 All Other Health and Personal Care Stores
447 Gasoline Stations
4471 Gasoline Stations
44711 Gasoline Stations with Convenience Stores
86
447110 Gasoline Stations with Convenience Stores
44719 Other Gasoline Stations
447190 Other Gasoline Stations
448 Clothing and Clothing Accessories Stores
4481 Clothing Stores
44811 Men's Clothing Stores
448110 Men's Clothing Stores
44812 Women's Clothing Stores
448120 Women's Clothing Stores
44813 Children's and Infants' Clothing Stores
448130 Children's and Infants' Clothing Stores
44814 Family Clothing Stores
448140 Family Clothing Stores
44815 Clothing Accessories Stores
448150 Clothing Accessories Stores
44819 Other Clothing Stores
448190 Other Clothing Stores
4482 Shoe Stores
44821 Shoe Stores
448210 Shoe Stores
4483 Jewelry, Luggage, and Leather Goods Stores
44831 Jewelry Stores
448310 Jewelry Stores
44832 Luggage and Leather Goods Stores
448320 Luggage and Leather Goods Stores
451 Sporting Goods, Hobby, Musical Instrument, and Book Stores
4511 Sporting Goods, Hobby, and Musical Instrument Stores
45111 Sporting Goods Stores
451110 Sporting Goods Stores
45112 Hobby, Toy, and Game Stores
451120 Hobby, Toy, and Game Stores
45113 Sewing, Needlework, and Piece Goods Stores
451130 Sewing, Needlework, and Piece Goods Stores
45114 Musical Instrument and Supplies Stores
451140 Musical Instrument and Supplies Stores
4512 Book Stores and News Dealers
45121 Book Stores and News Dealers
451211 Book Stores
451212 News Dealers and Newsstands
452 General Merchandise Stores
4521 Department Stores
45211 Department Stores
452111 Department Stores (except Discount Department Stores)
452112 Discount Department Stores
4529 Other General Merchandise Stores
45291 Warehouse Clubs and Supercenters
452910 Warehouse Clubs and Supercenters
45299 All Other General Merchandise Stores
452990 All Other General Merchandise Stores
453 Miscellaneous Store Retailers
4531 Florists
45311 Florists
453110 Florists
4532 Office Supplies, Stationery, and Gift Stores
45321 Office Supplies and Stationery Stores
87
453210 Office Supplies and Stationery Stores
45322 Gift, Novelty, and Souvenir Stores
453220 Gift, Novelty, and Souvenir Stores
4533 Used Merchandise Stores
45331 Used Merchandise Stores
453310 Used Merchandise Stores
4539 Other Miscellaneous Store Retailers
45391 Pet and Pet Supplies Stores
453910 Pet and Pet Supplies Stores
45392 Art Dealers
453920 Art Dealers
45393 Manufactured (Mobile) Home Dealers
453930 Manufactured (Mobile) Home Dealers
45399 All Other Miscellaneous Store Retailers
453991 Tobacco Stores
453998 All Other Miscellaneous Store Retailers (except Tobacco Stores)
454 Nonstore Retailers
4541 Electronic Shopping and Mail-Order Houses
45411 Electronic Shopping and Mail-Order Houses
454111 Electronic Shopping
454112 Electronic Auctions
454113 Mail-Order Houses
4542 Vending Machine Operators
45421 Vending Machine Operators
454210 Vending Machine Operators
4543 Direct Selling Establishments
45431 Fuel Dealers
454310 Fuel Dealers
45439 Other Direct Selling Establishments
454390 Other Direct Selling Establishments
48-49 Transportation and Warehousing
481 Air Transportation
4811 Scheduled Air Transportation
48111 Scheduled Air Transportation
481111 Scheduled Passenger Air Transportation
481112 Scheduled Freight Air Transportation
4812 Nonscheduled Air Transportation
48121 Nonscheduled Air Transportation
481211 Nonscheduled Chartered Passenger Air Transportation
481212 Nonscheduled Chartered Freight Air Transportation
481219 Other Nonscheduled Air Transportation
482 Rail Transportation
4821 Rail Transportation
48211 Rail Transportation
482111 Line-Haul Railroads
482112 Short Line Railroads
483 Water Transportation
4831 Deep Sea, Coastal, and Great Lakes Water Transportation
48311 Deep Sea, Coastal, and Great Lakes Water Transportation
483111 Deep Sea Freight Transportation
483112 Deep Sea Passenger Transportation
483113 Coastal and Great Lakes Freight Transportation
483114 Coastal and Great Lakes Passenger Transportation
4832 Inland Water Transportation
48321 Inland Water Transportation
88
483211 Inland Water Freight Transportation
483212 Inland Water Passenger Transportation
484 Truck Transportation
4841 General Freight Trucking
48411 General Freight Trucking, Local
484110 General Freight Trucking, Local
48412 General Freight Trucking, Long-Distance
484121 General Freight Trucking, Long-Distance, Truckload
484122 General Freight Trucking, Long-Distance, Less Than Truckload
4842 Specialized Freight Trucking
48421 Used Household and Office Goods Moving
484210 Used Household and Office Goods Moving
48422 Specialized Freight (except Used Goods) Trucking, Local
484220 Specialized Freight (except Used Goods) Trucking, Local
48423 Specialized Freight (except Used Goods) Trucking, Long-Distance
484230 Specialized Freight (except Used Goods) Trucking, Long-Distance
485 Transit and Ground Passenger Transportation
4851 Urban Transit Systems
48511 Urban Transit Systems
485111 Mixed Mode Transit Systems
485112 Commuter Rail Systems
485113 Bus and Other Motor Vehicle Transit Systems
485119 Other Urban Transit Systems
4852 Interurban and Rural Bus Transportation
48521 Interurban and Rural Bus Transportation
485210 Interurban and Rural Bus Transportation
4853 Taxi and Limousine Service
48531 Taxi Service
485310 Taxi Service
48532 Limousine Service
485320 Limousine Service
4854 School and Employee Bus Transportation
48541 School and Employee Bus Transportation
485410 School and Employee Bus Transportation
4855 Charter Bus Industry
48551 Charter Bus Industry
485510 Charter Bus Industry
4859 Other Transit and Ground Passenger Transportation
48599 Other Transit and Ground Passenger Transportation
485991 Special Needs Transportation
485999 All Other Transit and Ground Passenger Transportation
486 Pipeline Transportation
4861 Pipeline Transportation of Crude Oil
48611 Pipeline Transportation of Crude Oil
486110 Pipeline Transportation of Crude Oil
4862 Pipeline Transportation of Natural Gas
48621 Pipeline Transportation of Natural Gas
486210 Pipeline Transportation of Natural Gas
4869 Other Pipeline Transportation
48691 Pipeline Transportation of Refined Petroleum Products
486910 Pipeline Transportation of Refined Petroleum Products
48699 All Other Pipeline Transportation
486990 All Other Pipeline Transportation
487 Scenic and Sightseeing Transportation
4871 Scenic and Sightseeing Transportation, Land
89
48711 Scenic and Sightseeing Transportation, Land
487110 Scenic and Sightseeing Transportation, Land
4872 Scenic and Sightseeing Transportation, Water
48721 Scenic and Sightseeing Transportation, Water
487210 Scenic and Sightseeing Transportation, Water
4879 Scenic and Sightseeing Transportation, Other
48799 Scenic and Sightseeing Transportation, Other
487990 Scenic and Sightseeing Transportation, Other
488 Support Activities for Transportation
4881 Support Activities for Air Transportation
48811 Airport Operations
488111 Air Traffic Control
488119 Other Airport Operations
48819 Other Support Activities for Air Transportation
488190 Other Support Activities for Air Transportation
4882 Support Activities for Rail Transportation
48821 Support Activities for Rail Transportation
488210 Support Activities for Rail Transportation
4883 Support Activities for Water Transportation
48831 Port and Harbor Operations
488310 Port and Harbor Operations
48832 Marine Cargo Handling
488320 Marine Cargo Handling
48833 Navigational Services to Shipping
488330 Navigational Services to Shipping
48839 Other Support Activities for Water Transportation
488390 Other Support Activities for Water Transportation
4884 Support Activities for Road Transportation
48841 Motor Vehicle Towing
488410 Motor Vehicle Towing
48849 Other Support Activities for Road Transportation
488490 Other Support Activities for Road Transportation
4885 Freight Transportation Arrangement
48851 Freight Transportation Arrangement
488510 Freight Transportation Arrangement
4889 Other Support Activities for Transportation
48899 Other Support Activities for Transportation
488991 Packing and Crating
488999 All Other Support Activities for Transportation
491 Postal Service
4911 Postal Service
49111 Postal Service
491110 Postal Service
492 Couriers and Messengers
4921 Couriers and Express Delivery Services
49211 Couriers and Express Delivery Services
492110 Couriers and Express Delivery Services
4922 Local Messengers and Local Delivery
49221 Local Messengers and Local Delivery
492210 Local Messengers and Local Delivery
493 Warehousing and Storage
4931 Warehousing and Storage
49311 General Warehousing and Storage
493110 General Warehousing and Storage
49312 Refrigerated Warehousing and Storage
90
493120 Refrigerated Warehousing and Storage
49313 Farm Product Warehousing and Storage
493130 Farm Product Warehousing and Storage
49319 Other Warehousing and Storage
493190 Other Warehousing and Storage
51 Information
511 Publishing Industries (except Internet)
5111 Newspaper, Periodical, Book, and Directory Publishers
51111 Newspaper Publishers
511110 Newspaper Publishers
51112 Periodical Publishers
511120 Periodical Publishers
51113 Book Publishers
511130 Book Publishers
51114 Directory and Mailing List Publishers
511140 Directory and Mailing List Publishers
51119 Other Publishers
511191 Greeting Card Publishers
511199 All Other Publishers
5112 Software Publishers
51121 Software Publishers
511210 Software Publishers
512 Motion Picture and Sound Recording Industries
5121 Motion Picture and Video Industries
51211 Motion Picture and Video Production
512110 Motion Picture and Video Production
51212 Motion Picture and Video Distribution
512120 Motion Picture and Video Distribution
51213 Motion Picture and Video Exhibition
512131 Motion Picture Theaters (except Drive-Ins)
512132 Drive-In Motion Picture Theaters
51219 Postproduction Services and Other Motion Picture and Video Industries
512191 Teleproduction and Other Postproduction Services
512199 Other Motion Picture and Video Industries
5122 Sound Recording Industries
51221 Record Production
512210 Record Production
51222 Integrated Record Production/Distribution
512220 Integrated Record Production/Distribution
51223 Music Publishers
512230 Music Publishers
51224 Sound Recording Studios
512240 Sound Recording Studios
51229 Other Sound Recording Industries
512290 Other Sound Recording Industries
515 Broadcasting (except Internet)
5151 Radio and Television Broadcasting
51511 Radio Broadcasting
515111 Radio Networks
515112 Radio Stations
51512 Television Broadcasting
515120 Television Broadcasting
5152 Cable and Other Subscription Programming
51521 Cable and Other Subscription Programming
515210 Cable and Other Subscription Programming
91
517 Telecommunications
5171 Wired Telecommunications Carriers
51711 Wired Telecommunications Carriers
517110 Wired Telecommunications Carriers
5172 Wireless Telecommunications Carriers (except Satellite)
51721 Wireless Telecommunications Carriers (except Satellite)
517210 Wireless Telecommunications Carriers (except Satellite)
5174 Satellite Telecommunications
51741 Satellite Telecommunications
517410 Satellite Telecommunications
5179 Other Telecommunications
51791 Other Telecommunications
517911 Telecommunications Resellers
517919 All Other Telecommunications
518 Data Processing, Hosting, and Related Services
5182 Data Processing, Hosting, and Related Services
51821 Data Processing, Hosting, and Related Services
518210 Data Processing, Hosting, and Related Services
519 Other Information Services
5191 Other Information Services
51911 News Syndicates
519110 News Syndicates
51912 Libraries and Archives
519120 Libraries and Archives
51913 Internet Publishing and Broadcasting and Web Search Portals
519130 Internet Publishing and Broadcasting and Web Search Portals
51919 All Other Information Services
519190 All Other Information Services
52 Finance and Insurance
521 Monetary Authorities-Central Bank
5211 Monetary Authorities-Central Bank
52111 Monetary Authorities-Central Bank
521110 Monetary Authorities-Central Bank
522 Credit Intermediation and Related Activities
5221 Depository Credit Intermediation
52211 Commercial Banking
522110 Commercial Banking
52212 Savings Institutions
522120 Savings Institutions
52213 Credit Unions
522130 Credit Unions
52219 Other Depository Credit Intermediation
522190 Other Depository Credit Intermediation
5222 Nondepository Credit Intermediation
52221 Credit Card Issuing
522210 Credit Card Issuing
52222 Sales Financing
522220 Sales Financing
52229 Other Nondepository Credit Intermediation
522291 Consumer Lending
522292 Real Estate Credit
522293 International Trade Financing
522294 Secondary Market Financing
522298 All Other Nondepository Credit Intermediation
5223 Activities Related to Credit Intermediation
92
52231 Mortgage and Nonmortgage Loan Brokers
522310 Mortgage and Nonmortgage Loan Brokers
52232 Financial Transactions Processing, Reserve, and Clearinghouse Activities
522320 Financial Transactions Processing, Reserve, and Clearinghouse Activities
52239 Other Activities Related to Credit Intermediation
522390 Other Activities Related to Credit Intermediation
523 Securities, Commodity Contracts, and Other Financial Investments and Related Activities
5231 Securities and Commodity Contracts Intermediation and Brokerage
52311 Investment Banking and Securities Dealing
523110 Investment Banking and Securities Dealing
52312 Securities Brokerage
523120 Securities Brokerage
52313 Commodity Contracts Dealing
523130 Commodity Contracts Dealing
52314 Commodity Contracts Brokerage
523140 Commodity Contracts Brokerage
5232 Securities and Commodity Exchanges
52321 Securities and Commodity Exchanges
523210 Securities and Commodity Exchanges
5239 Other Financial Investment Activities
52391 Miscellaneous Intermediation
523910 Miscellaneous Intermediation
52392 Portfolio Management
523920 Portfolio Management
52393 Investment Advice
523930 Investment Advice
52399 All Other Financial Investment Activities
523991 Trust, Fiduciary, and Custody Activities
523999 Miscellaneous Financial Investment Activities
524 Insurance Carriers and Related Activities
5241 Insurance Carriers
52411 Direct Life, Health, and Medical Insurance Carriers
524113 Direct Life Insurance Carriers
524114 Direct Health and Medical Insurance Carriers
52412 Direct Insurance (except Life, Health, and Medical) Carriers
524126 Direct Property and Casualty Insurance Carriers
524127 Direct Title Insurance Carriers
524128 Other Direct Insurance (except Life, Health, and Medical) Carriers
52413 Reinsurance Carriers
524130 Reinsurance Carriers
5242 Agencies, Brokerages, and Other Insurance Related Activities
52421 Insurance Agencies and Brokerages
524210 Insurance Agencies and Brokerages
52429 Other Insurance Related Activities
524291 Claims Adjusting
524292 Third Party Administration of Insurance and Pension Funds
524298 All Other Insurance Related Activities
525 Funds, Trusts, and Other Financial Vehicles
5251 Insurance and Employee Benefit Funds
52511 Pension Funds
525110 Pension Funds
52512 Health and Welfare Funds
525120 Health and Welfare Funds
52519 Other Insurance Funds
93
525190 Other Insurance Funds
5259 Other Investment Pools and Funds
52591 Open-End Investment Funds
525910 Open-End Investment Funds
52592 Trusts, Estates, and Agency Accounts
525920 Trusts, Estates, and Agency Accounts
52599 Other Financial Vehicles
525990 Other Financial Vehicles
53 Real Estate and Rental and Leasing
531 Real Estate
5311 Lessors of Real Estate
53111 Lessors of Residential Buildings and Dwellings
531110 Lessors of Residential Buildings and Dwellings
53112 Lessors of Nonresidential Buildings (except Miniwarehouses)
531120 Lessors of Nonresidential Buildings (except Miniwarehouses)
53113 Lessors of Miniwarehouses and Self-Storage Units
531130 Lessors of Miniwarehouses and Self-Storage Units
53119 Lessors of Other Real Estate Property
531190 Lessors of Other Real Estate Property
5312 Offices of Real Estate Agents and Brokers
53121 Offices of Real Estate Agents and Brokers
531210 Offices of Real Estate Agents and Brokers
5313 Activities Related to Real Estate
53131 Real Estate Property Managers
531311 Residential Property Managers
531312 Nonresidential Property Managers
53132 Offices of Real Estate Appraisers
531320 Offices of Real Estate Appraisers
53139 Other Activities Related to Real Estate
531390 Other Activities Related to Real Estate
532 Rental and Leasing Services
5321 Automotive Equipment Rental and Leasing
53211 Passenger Car Rental and Leasing
532111 Passenger Car Rental
532112 Passenger Car Leasing
53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
5322 Consumer Goods Rental
53221 Consumer Electronics and Appliances Rental
532210 Consumer Electronics and Appliances Rental
53222 Formal Wear and Costume Rental
532220 Formal Wear and Costume Rental
53223 Video Tape and Disc Rental
532230 Video Tape and Disc Rental
53229 Other Consumer Goods Rental
532291 Home Health Equipment Rental
532292 Recreational Goods Rental
532299 All Other Consumer Goods Rental
5323 General Rental Centers
53231 General Rental Centers
532310 General Rental Centers
5324 Commercial and Industrial Machinery and Equipment Rental and Leasing
53241 Construction, Transportation, Mining, and Forestry Machinery and Equipment Rental and
Leasing
532411 Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing
94
532412 Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing
53242 Office Machinery and Equipment Rental and Leasing
532420 Office Machinery and Equipment Rental and Leasing
53249 Other Commercial and Industrial Machinery and Equipment Rental and Leasing
532490 Other Commercial and Industrial Machinery and Equipment Rental and Leasing
533 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
5331 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
53311 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
533110 Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)
54 Professional, Scientific, and Technical Services
541 Professional, Scientific, and Technical Services
5411 Legal Services
54111 Offices of Lawyers
541110 Offices of Lawyers
54112 Offices of Notaries
541120 Offices of Notaries
54119 Other Legal Services
541191 Title Abstract and Settlement Offices
541199 All Other Legal Services
5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services
54121 Accounting, Tax Preparation, Bookkeeping, and Payroll Services
541211 Offices of Certified Public Accountants
541213 Tax Preparation Services
541214 Payroll Services
541219 Other Accounting Services
5413 Architectural, Engineering, and Related Services
54131 Architectural Services
541310 Architectural Services
54132 Landscape Architectural Services
541320 Landscape Architectural Services
54133 Engineering Services
541330 Engineering Services
54134 Drafting Services
541340 Drafting Services
54135 Building Inspection Services
541350 Building Inspection Services
54136 Geophysical Surveying and Mapping Services
541360 Geophysical Surveying and Mapping Services
54137 Surveying and Mapping (except Geophysical) Services
541370 Surveying and Mapping (except Geophysical) Services
54138 Testing Laboratories
541380 Testing Laboratories
5414 Specialized Design Services
54141 Interior Design Services
541410 Interior Design Services
54142 Industrial Design Services
541420 Industrial Design Services
54143 Graphic Design Services
541430 Graphic Design Services
54149 Other Specialized Design Services
541490 Other Specialized Design Services
5415 Computer Systems Design and Related Services
54151 Computer Systems Design and Related Services
541511 Custom Computer Programming Services
541512 Computer Systems Design Services
95
541513 Computer Facilities Management Services
541519 Other Computer Related Services
5416 Management, Scientific, and Technical Consulting Services
54161 Management Consulting Services
541611 Administrative Management and General Management Consulting Services
541612 Human Resources Consulting Services
541613 Marketing Consulting Services
541614 Process, Physical Distribution, and Logistics Consulting Services
541618 Other Management Consulting Services
54162 Environmental Consulting Services
541620 Environmental Consulting Services
54169 Other Scientific and Technical Consulting Services
541690 Other Scientific and Technical Consulting Services
5417 Scientific Research and Development Services
54171 Research and Development in the Physical, Engineering, and Life Sciences
541711 Research and Development in Biotechnology
541712 Research and Development in the Physical, Engineering, and Life Sciences (except
Biotechnology)
54172 Research and Development in the Social Sciences and Humanities
541720 Research and Development in the Social Sciences and Humanities
5418 Advertising, Public Relations, and Related Services
54181 Advertising Agencies
541810 Advertising Agencies
54182 Public Relations Agencies
541820 Public Relations Agencies
54183 Media Buying Agencies
541830 Media Buying Agencies
54184 Media Representatives
541840 Media Representatives
54185 Outdoor Advertising
541850 Outdoor Advertising
54186 Direct Mail Advertising
541860 Direct Mail Advertising
54187 Advertising Material Distribution Services
541870 Advertising Material Distribution Services
54189 Other Services Related to Advertising
541890 Other Services Related to Advertising
5419 Other Professional, Scientific, and Technical Services
54191 Marketing Research and Public Opinion Polling
541910 Marketing Research and Public Opinion Polling
54192 Photographic Services
541921 Photography Studios, Portrait
541922 Commercial Photography
54193 Translation and Interpretation Services
541930 Translation and Interpretation Services
54194 Veterinary Services
541940 Veterinary Services
54199 All Other Professional, Scientific, and Technical Services
541990 All Other Professional, Scientific, and Technical Services
55 Management of Companies and Enterprises
551 Management of Companies and Enterprises
5511 Management of Companies and Enterprises
55111 Management of Companies and Enterprises
551111 Offices of Bank Holding Companies
551112 Offices of Other Holding Companies
96
551114 Corporate, Subsidiary, and Regional Managing Offices
56 Administrative and Support and Waste Management and Remediation Services
561 Administrative and Support Services
5611 Office Administrative Services
56111 Office Administrative Services
561110 Office Administrative Services
5612 Facilities Support Services
56121 Facilities Support Services
561210 Facilities Support Services
5613 Employment Services
56131 Employment Placement Agencies and Executive Search Services
561311 Employment Placement Agencies
561312 Executive Search Services
56132 Temporary Help Services
561320 Temporary Help Services
56133 Professional Employer Organizations
561330 Professional Employer Organizations
5614 Business Support Services
56141 Document Preparation Services
561410 Document Preparation Services
56142 Telephone Call Centers
561421 Telephone Answering Services
561422 Telemarketing Bureaus and Other Contact Centers
56143 Business Service Centers
561431 Private Mail Centers
561439 Other Business Service Centers (including Copy Shops)
56144 Collection Agencies
561440 Collection Agencies
56145 Credit Bureaus
561450 Credit Bureaus
56149 Other Business Support Services
561491 Repossession Services
561492 Court Reporting and Stenotype Services
561499 All Other Business Support Services
5615 Travel Arrangement and Reservation Services
56151 Travel Agencies
561510 Travel Agencies
56152 Tour Operators
561520 Tour Operators
56159 Other Travel Arrangement and Reservation Services
561591 Convention and Visitors Bureaus
561599 All Other Travel Arrangement and Reservation Services
5616 Investigation and Security Services
56161 Investigation, Guard, and Armored Car Services
561611 Investigation Services
561612 Security Guards and Patrol Services
561613 Armored Car Services
56162 Security Systems Services
561621 Security Systems Services (except Locksmiths)
561622 Locksmiths
5617 Services to Buildings and Dwellings
56171 Exterminating and Pest Control Services
561710 Exterminating and Pest Control Services
56172 Janitorial Services
561720 Janitorial Services
97
56173 Landscaping Services
561730 Landscaping Services
56174 Carpet and Upholstery Cleaning Services
561740 Carpet and Upholstery Cleaning Services
56179 Other Services to Buildings and Dwellings
561790 Other Services to Buildings and Dwellings
5619 Other Support Services
56191 Packaging and Labeling Services
561910 Packaging and Labeling Services
56192 Convention and Trade Show Organizers
561920 Convention and Trade Show Organizers
56199 All Other Support Services
561990 All Other Support Services
562 Waste Management and Remediation Services
5621 Waste Collection
56211 Waste Collection
562111 Solid Waste Collection
562112 Hazardous Waste Collection
562119 Other Waste Collection
5622 Waste Treatment and Disposal
56221 Waste Treatment and Disposal
562211 Hazardous Waste Treatment and Disposal
562212 Solid Waste Landfill
562213 Solid Waste Combustors and Incinerators
562219 Other Nonhazardous Waste Treatment and Disposal
5629 Remediation and Other Waste Management Services
56291 Remediation Services
562910 Remediation Services
56292 Materials Recovery Facilities
562920 Materials Recovery Facilities
56299 All Other Waste Management Services
562991 Septic Tank and Related Services
562998 All Other Miscellaneous Waste Management Services
61 Educational Services
611 Educational Services
6111 Elementary and Secondary Schools
61111 Elementary and Secondary Schools
611110 Elementary and Secondary Schools
6112 Junior Colleges
61121 Junior Colleges
611210 Junior Colleges
6113 Colleges, Universities, and Professional Schools
61131 Colleges, Universities, and Professional Schools
611310 Colleges, Universities, and Professional Schools
6114 Business Schools and Computer and Management Training
61141 Business and Secretarial Schools
611410 Business and Secretarial Schools
61142 Computer Training
611420 Computer Training
61143 Professional and Management Development Training
611430 Professional and Management Development Training
6115 Technical and Trade Schools
61151 Technical and Trade Schools
611511 Cosmetology and Barber Schools
611512 Flight Training
98
611513 Apprenticeship Training
611519 Other Technical and Trade Schools
6116 Other Schools and Instruction
61161 Fine Arts Schools
611610 Fine Arts Schools
61162 Sports and Recreation Instruction
611620 Sports and Recreation Instruction
61163 Language Schools
611630 Language Schools
61169 All Other Schools and Instruction
611691 Exam Preparation and Tutoring
611692 Automobile Driving Schools
611699 All Other Miscellaneous Schools and Instruction
6117 Educational Support Services
61171 Educational Support Services
611710 Educational Support Services
62 Health Care and Social Assistance
621 Ambulatory Health Care Services
6211 Offices of Physicians
62111 Offices of Physicians
621111 Offices of Physicians (except Mental Health Specialists)
621112 Offices of Physicians, Mental Health Specialists
6212 Offices of Dentists
62121 Offices of Dentists
621210 Offices of Dentists
6213 Offices of Other Health Practitioners
62131 Offices of Chiropractors
621310 Offices of Chiropractors
62132 Offices of Optometrists
621320 Offices of Optometrists
62133 Offices of Mental Health Practitioners (except Physicians)
621330 Offices of Mental Health Practitioners (except Physicians)
62134 Offices of Physical, Occupational and Speech Therapists, and Audiologists
621340 Offices of Physical, Occupational and Speech Therapists, and Audiologists
62139 Offices of All Other Health Practitioners
621391 Offices of Podiatrists
621399 Offices of All Other Miscellaneous Health Practitioners
6214 Outpatient Care Centers
62141 Family Planning Centers
621410 Family Planning Centers
62142 Outpatient Mental Health and Substance Abuse Centers
621420 Outpatient Mental Health and Substance Abuse Centers
62149 Other Outpatient Care Centers
621491 HMO Medical Centers
621492 Kidney Dialysis Centers
621493 Freestanding Ambulatory Surgical and Emergency Centers
621498 All Other Outpatient Care Centers
6215 Medical and Diagnostic Laboratories
62151 Medical and Diagnostic Laboratories
621511 Medical Laboratories
621512 Diagnostic Imaging Centers
6216 Home Health Care Services
62161 Home Health Care Services
621610 Home Health Care Services
6219 Other Ambulatory Health Care Services
99
62191 Ambulance Services
621910 Ambulance Services
62199 All Other Ambulatory Health Care Services
621991 Blood and Organ Banks
621999 All Other Miscellaneous Ambulatory Health Care Services
622 Hospitals
6221 General Medical and Surgical Hospitals
62211 General Medical and Surgical Hospitals
622110 General Medical and Surgical Hospitals
6222 Psychiatric and Substance Abuse Hospitals
62221 Psychiatric and Substance Abuse Hospitals
622210 Psychiatric and Substance Abuse Hospitals
6223 Specialty (except Psychiatric and Substance Abuse) Hospitals
62231 Specialty (except Psychiatric and Substance Abuse) Hospitals
622310 Specialty (except Psychiatric and Substance Abuse) Hospitals
623 Nursing and Residential Care Facilities
6231 Nursing Care Facilities (Skilled Nursing Facilities)
62311 Nursing Care Facilities (Skilled Nursing Facilities)
623110 Nursing Care Facilities (Skilled Nursing Facilities)
6232 Residential Intellectual and Developmental Disability, Mental Health, and Substance Abuse
Facilities
62321 Residential Intellectual and Developmental Disability Facilities
623210 Residential Intellectual and Developmental Disability Facilities
62322 Residential Mental Health and Substance Abuse Facilities
623220 Residential Mental Health and Substance Abuse Facilities
6233 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly
62331 Continuing Care Retirement Communities and Assisted Living Facilities for the Elderly
623311 Continuing Care Retirement Communities
623312 Assisted Living Facilities for the Elderly
6239 Other Residential Care Facilities
62399 Other Residential Care Facilities
623990 Other Residential Care Facilities
624 Social Assistance
6241 Individual and Family Services
62411 Child and Youth Services
624110 Child and Youth Services
62412 Services for the Elderly and Persons with Disabilities
624120 Services for the Elderly and Persons with Disabilities
62419 Other Individual and Family Services
624190 Other Individual and Family Services
6242 Community Food and Housing, and Emergency and Other Relief Services
62421 Community Food Services
624210 Community Food Services
62422 Community Housing Services
624221 Temporary Shelters
624229 Other Community Housing Services
62423 Emergency and Other Relief Services
624230 Emergency and Other Relief Services
6243 Vocational Rehabilitation Services
62431 Vocational Rehabilitation Services
624310 Vocational Rehabilitation Services
6244 Child Day Care Services
62441 Child Day Care Services
624410 Child Day Care Services
71 Arts, Entertainment, and Recreation
100
711 Performing Arts, Spectator Sports, and Related Industries
7111 Performing Arts Companies
71111 Theater Companies and Dinner Theaters
711110 Theater Companies and Dinner Theaters
71112 Dance Companies
711120 Dance Companies
71113 Musical Groups and Artists
711130 Musical Groups and Artists
71119 Other Performing Arts Companies
711190 Other Performing Arts Companies
7112 Spectator Sports
71121 Spectator Sports
711211 Sports Teams and Clubs
711212 Racetracks
711219 Other Spectator Sports
7113 Promoters of Performing Arts, Sports, and Similar Events
71131 Promoters of Performing Arts, Sports, and Similar Events with Facilities
711310 Promoters of Performing Arts, Sports, and Similar Events with Facilities
71132 Promoters of Performing Arts, Sports, and Similar Events without Facilities
711320 Promoters of Performing Arts, Sports, and Similar Events without Facilities
7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
71141 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
711410 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures
7115 Independent Artists, Writers, and Performers
71151 Independent Artists, Writers, and Performers
711510 Independent Artists, Writers, and Performers
712 Museums, Historical Sites, and Similar Institutions
7121 Museums, Historical Sites, and Similar Institutions
71211 Museums
712110 Museums
71212 Historical Sites
712120 Historical Sites
71213 Zoos and Botanical Gardens
712130 Zoos and Botanical Gardens
71219 Nature Parks and Other Similar Institutions
712190 Nature Parks and Other Similar Institutions
713 Amusement, Gambling, and Recreation Industries
7131 Amusement Parks and Arcades
71311 Amusement and Theme Parks
713110 Amusement and Theme Parks
71312 Amusement Arcades
713120 Amusement Arcades
7132 Gambling Industries
71321 Casinos (except Casino Hotels)
713210 Casinos (except Casino Hotels)
71329 Other Gambling Industries
713290 Other Gambling Industries
7139 Other Amusement and Recreation Industries
71391 Golf Courses and Country Clubs
713910 Golf Courses and Country Clubs
71392 Skiing Facilities
713920 Skiing Facilities
71393 Marinas
713930 Marinas
71394 Fitness and Recreational Sports Centers
101
713940 Fitness and Recreational Sports Centers
71395 Bowling Centers
713950 Bowling Centers
71399 All Other Amusement and Recreation Industries
713990 All Other Amusement and Recreation Industries
72 Accommodation and Food Services
721 Accommodation
7211 Traveler Accommodation
72111 Hotels (except Casino Hotels) and Motels
721110 Hotels (except Casino Hotels) and Motels
72112 Casino Hotels
721120 Casino Hotels
72119 Other Traveler Accommodation
721191 Bed-and-Breakfast Inns
721199 All Other Traveler Accommodation
7212 RV (Recreational Vehicle) Parks and Recreational Camps
72121 RV (Recreational Vehicle) Parks and Recreational Camps
721211 RV (Recreational Vehicle) Parks and Campgrounds
721214 Recreational and Vacation Camps (except Campgrounds)
7213 Rooming and Boarding Houses
72131 Rooming and Boarding Houses
721310 Rooming and Boarding Houses
722 Food Services and Drinking Places
7223 Special Food Services
72231 Food Service Contractors
722310 Food Service Contractors
72232 Caterers
722320 Caterers
72233 Mobile Food Services
722330 Mobile Food Services
7224 Drinking Places (Alcoholic Beverages)
72241 Drinking Places (Alcoholic Beverages)
722410 Drinking Places (Alcoholic Beverages)
7225 Restaurants and Other Eating Places
72251 Restaurants and Other Eating Places
722511 Full-Service Restaurants
722513 Limited-Service Restaurants
722514 Cafeterias, Grill Buffets, and Buffets
722515 Snack and Nonalcoholic Beverage Bars
81 Other Services (except Public Administration)
811 Repair and Maintenance
8111 Automotive Repair and Maintenance
81111 Automotive Mechanical and Electrical Repair and Maintenance
811111 General Automotive Repair
811112 Automotive Exhaust System Repair
811113 Automotive Transmission Repair
811118 Other Automotive Mechanical and Electrical Repair and Maintenance
81112 Automotive Body, Paint, Interior, and Glass Repair
811121 Automotive Body, Paint, and Interior Repair and Maintenance
811122 Automotive Glass Replacement Shops
81119 Other Automotive Repair and Maintenance
811191 Automotive Oil Change and Lubrication Shops
811192 Car Washes
811198 All Other Automotive Repair and Maintenance
8112 Electronic and Precision Equipment Repair and Maintenance
102
81121 Electronic and Precision Equipment Repair and Maintenance
811211 Consumer Electronics Repair and Maintenance
811212 Computer and Office Machine Repair and Maintenance
811213 Communication Equipment Repair and Maintenance
811219 Other Electronic and Precision Equipment Repair and Maintenance
8113 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic)
Repair and Maintenance
81131 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic)
Repair and Maintenance
811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic)
Repair and Maintenance
8114 Personal and Household Goods Repair and Maintenance
81141 Home and Garden Equipment and Appliance Repair and Maintenance
811411 Home and Garden Equipment Repair and Maintenance
811412 Appliance Repair and Maintenance
81142 Reupholstery and Furniture Repair
811420 Reupholstery and Furniture Repair
81143 Footwear and Leather Goods Repair
811430 Footwear and Leather Goods Repair
81149 Other Personal and Household Goods Repair and Maintenance
811490 Other Personal and Household Goods Repair and Maintenance
812 Personal and Laundry Services
8121 Personal Care Services
81211 Hair, Nail, and Skin Care Services
812111 Barber Shops
812112 Beauty Salons
812113 Nail Salons
81219 Other Personal Care Services
812191 Diet and Weight Reducing Centers
812199 Other Personal Care Services
8122 Death Care Services
81221 Funeral Homes and Funeral Services
812210 Funeral Homes and Funeral Services
81222 Cemeteries and Crematories
812220 Cemeteries and Crematories
8123 Drycleaning and Laundry Services
81231 Coin-Operated Laundries and Drycleaners
812310 Coin-Operated Laundries and Drycleaners
81232 Drycleaning and Laundry Services (except Coin-Operated)
812320 Drycleaning and Laundry Services (except Coin-Operated)
81233 Linen and Uniform Supply
812331 Linen Supply
812332 Industrial Launderers
8129 Other Personal Services
81291 Pet Care (except Veterinary) Services
812910 Pet Care (except Veterinary) Services
81292 Photofinishing
812921 Photofinishing Laboratories (except One-Hour)
812922 One-Hour Photofinishing
81293 Parking Lots and Garages
812930 Parking Lots and Garages
81299 All Other Personal Services
812990 All Other Personal Services
813 Religious, Grantmaking, Civic, Professional, and Similar Organizations
8131 Religious Organizations
103
81311 Religious Organizations
813110 Religious Organizations
8132 Grantmaking and Giving Services
81321 Grantmaking and Giving Services
813211 Grantmaking Foundations
813212 Voluntary Health Organizations
813219 Other Grantmaking and Giving Services
8133 Social Advocacy Organizations
81331 Social Advocacy Organizations
813311 Human Rights Organizations
813312 Environment, Conservation and Wildlife Organizations
813319 Other Social Advocacy Organizations
8134 Civic and Social Organizations
81341 Civic and Social Organizations
813410 Civic and Social Organizations
8139 Business, Professional, Labor, Political, and Similar Organizations
81391 Business Associations
813910 Business Associations
81392 Professional Organizations
813920 Professional Organizations
81393 Labor Unions and Similar Labor Organizations
813930 Labor Unions and Similar Labor Organizations
81394 Political Organizations
813940 Political Organizations
81399 Other Similar Organizations (except Business, Professional, Labor, and Political
Organizations)
813990 Other Similar Organizations (except Business, Professional, Labor, and Political
Organizations)
814 Private Households
8141 Private Households
81411 Private Households
814110 Private Households
92 Public Administration
921 Executive, Legislative, and Other General Government Support
9211 Executive, Legislative, and Other General Government Support
92111 Executive Offices
921110 Executive Offices
92112 Legislative Bodies
921120 Legislative Bodies
92113 Public Finance Activities
921130 Public Finance Activities
92114 Executive and Legislative Offices, Combined
921140 Executive and Legislative Offices, Combined
92115 American Indian and Alaska Native Tribal Governments
921150 American Indian and Alaska Native Tribal Governments
92119 Other General Government Support
921190 Other General Government Support
922 Justice, Public Order, and Safety Activities
9221 Justice, Public Order, and Safety Activities
92211 Courts
922110 Courts
92212 Police Protection
922120 Police Protection
92213 Legal Counsel and Prosecution
922130 Legal Counsel and Prosecution
104
92214 Correctional Institutions
922140 Correctional Institutions
92215 Parole Offices and Probation Offices
922150 Parole Offices and Probation Offices
92216 Fire Protection
922160 Fire Protection
92219 Other Justice, Public Order, and Safety Activities
922190 Other Justice, Public Order, and Safety Activities
923 Administration of Human Resource Programs
9231 Administration of Human Resource Programs
92311 Administration of Education Programs
923110 Administration of Education Programs
92312 Administration of Public Health Programs
923120 Administration of Public Health Programs
92313 Administration of Human Resource Programs (except Education, Public Health, and
Veterans' Affairs Programs)
923130 Administration of Human Resource Programs (except Education, Public Health, and
Veterans' Affairs Programs)
92314 Administration of Veterans' Affairs
923140 Administration of Veterans' Affairs
924 Administration of Environmental Quality Programs
9241 Administration of Environmental Quality Programs
92411 Administration of Air and Water Resource and Solid Waste Management Programs
924110 Administration of Air and Water Resource and Solid Waste Management Programs
92412 Administration of Conservation Programs
924120 Administration of Conservation Programs
925 Administration of Housing Programs, Urban Planning, and Community Development
9251 Administration of Housing Programs, Urban Planning, and Community Development
92511 Administration of Housing Programs
925110 Administration of Housing Programs
92512 Administration of Urban Planning and Community and Rural Development
925120 Administration of Urban Planning and Community and Rural Development
926 Administration of Economic Programs
9261 Administration of Economic Program
92611 Administration of General Economic Programs
926110 Administration of General Economic Programs
92612 Regulation and Administration of Transportation Programs
926120 Regulation and Administration of Transportation Programs
92613 Regulation and Administration of Communications, Electric, Gas, and Other Utilities
926130 Regulation and Administration of Communications, Electric, Gas, and Other Utilities
92614 Regulation of Agricultural Marketing and Commodities
926140 Regulation of Agricultural Marketing and Commodities
92615 Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors
926150 Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors
927 Space Research and Technology
9271 Space Research and Technology
92711 Space Research and Technology
927110 Space Research and Technology
928 National Security and International Affairs
9281 National Security and International Affairs
92811 National Security
928110 National Security
92812 International Affairs
928120 International Affairs
105
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 17, 2016
Action Agenda
Item No. 8
SUBJECT: Unified Development Ordinance (UDO) Text Amendments - Subdivision
Regulations and Processes
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form
2. Minutes from February 18, 2016 BOCC
Work Session
3. Copy of Open House Meeting
Information Notices and Summary of
Comments
4. DRAFT Minutes from the September 7,
2016 ORC meeting
5. Statement of Consistency
6. Proposed UDO Text Amendments
Under Separate Cover: Flexible Design
Subdivision Information (Binder)
Patrick Mallett, Planner II (919) 245-2577
Rachel McCook, Planner I (919) 245-2598
Molly Boyle, Planning Tech (919) 245-2599
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on Planning Director initiated amendments to the Unified Development Ordinance
(UDO) regarding subdivision regulations and review processes.
BACKGROUND: In response to a BOCC petition, staff conducted a work session on February
18, 2016 to review current subdivision regulations and discuss opportunities for allowing for
more flexibility with respect to residential development. The primary focus was to develop
opportunities for greater flexibility for the clustering of proposed lots with the preservation of
additional open space. Minutes from this meeting are contained in Attachment 2.
Information from the work session can be viewed at:
http://server3.co.orange.nc.us:8088/weblink8/0/fol/40558/Row1.aspx.
As part of our outreach program, two open house meetings held on July 20, 2016 to solicit
public input/comment on potential subdivision modifications, specifically:
106
• From 2:00 to 4:00 p.m. with local land surveyors, developers, and property owners who
had gone through the existing subdivision review process. Approximately five people
were in attendance, and
• From 5:30 to 7:00 p.m. with local property owners. Approximately five people were in
attendance.
Further this item was presented to the Ordinance Review Committee (ORC) at its September 7,
2016 meeting. Draft notes from the ORC meeting are contained in Attachment 4.
As a result of comments received during these various meetings, staff has crafted an
amendment that:
i. Eliminates the Cluster Development subdivision type, as currently contained in
Section 7.12 of the UDO,
ii. Allows for lots to be clustered smaller than the 40,000 sq.ft. limit as detailed in Section
7.13.4 (B) (6) of the UDO with the preservation of additional open space area through
the subdivision development process, and
iii. Allows for a maximum of 12 lots to be created through the Minor Subdivision process
if the property owner/applicant chooses to go through the Flexible Design subdivision
process.
The goal is to revise existing development standards in an effort to encourage purposeful
growth and development within the County in a cost efficient manner while promoting the
perpetual maintenance/preservation of open space areas.
Attachment 1 contains additional information and analysis regarding this amendment. Proposed
text amendment language can be found in Attachment 5 within a “track changes” format.
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 5 and the proposed amendment package as contained in Attachment
6.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): The Planning Director recommends the Planning Board:
1. Review the proposed text amendments,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director’s recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 5)
and the proposed amendments (Attachment 6) in time for the November 21, 2016
Quarterly Public Hearing.
107
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2016-06
Revision of subdivision regulations and processes.
A. AMENDMENT TYPE
Map Amendments
Comprehensive Plan – Future Land Use Element Map:
From: - - -
To: - - -
Zoning Map:
From: - - -
To: - - -
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section(s)
1. 2.1: Review and decision Making Authority;
2. 2,2 Applications;
3. 2.14: Minor Subdivisions;
4. 2.15 Major Subdivisions;
5. 3.3: Residential Districts;
6. 4.2 Watershed Protection;
7. 4.8 Stoney Creek Basin;
8. 5.5: Standards for Residential Use;
9. 6.2: Lot and Building Standards;
10. 7.2 Cluster Subdivisions;
Attachment 1 108
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11. Phasing of Subdivisions;
12. 7.4 Improvements and Performance Guarantees;
13. 7.5 Subdivision Agreement;
14. 7.6 General Design Standards;
15. 7.7 Lots;
16. 7.8 Access to Roadways;
17. 7.11 Recreational Facilities;
18. 7.12 Cluster Subdivisions (combined 7.13)
19. 7.13 Flexible Developments (combined into 7.12)
20. 7.14 Specifications for Plat Drawings; and
21. Article 10 Definitions.
Other: N/a
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 is
proposing to initiate text amendments to modify existing subdivision development
requirements and review processes in an effort to provide additional opportunities for
the clustering of subdivision lots and preservation of open space.
This item is being developed to address a petition previously submitted by
Commissioner Pelissier on ways to encourage and promote the additional clustering
of residential lots and preservation of open space.
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 response to a petition submitted by Commissioner Pelissier, staff conducted a
work session with the BOCC on February 18, 2016 to:
a. Review the County’s subdivision development and review processes,
b. Discuss minimum lot size and density limitations/requirements, and
c. Identify opportunities and constraints associated with the clustering of
subdivision lots.
Agenda materials from this meeting can be viewed
at: http://www.orangecountync.gov/document_center/BOCCAgendaMinutes/160218.
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pdf.
During this work session, staff recommended modifying existing subdivision
standards/regulations, including:
i. Elimination of the Cluster Development subdivision type, as currently
contained in Section 7.12 of the UDO,
ii. Revisions to existing language allowing the use of off-site septic for
wastewater processing,
iii. Allowing for lots to be clustered smaller than the 40,000 sq.ft. limit as
detailed in Section 7.13.4 (B) (6) of the UDO, and
iv. Revising submittal and review processes to give greater flexibility to
projects proposing clustering of lots and dedication of open space,
The goal is to revise existing development standards in an effort to encourage
purposeful growth and development within the County in a cost efficient manner while
promoting the perpetual maintenance/preservation of open space areas.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 – Sustainable Growth and Development: Growth and development
within the county should occur in a pattern, location, and density that is
sustainable over the long-term.
• Principle 4 – Natural Area Resource Preservation: Protection of the County’s
natural areas, including forests, wildlife, habitat, and other important open
spaces, should be a priority. The County should work with regional and local
organizations, the towns, and private landowners to promote and achieve
preservation of the County’s important natural resources.
Chapter 4 Housing Element of the Comprehensive Plan:
• Housing Goal 1 – A wide-range of types and densities of quality housing
affordable to all in all parts of the County.
• Housing Goal 4 - Development ordinances and incentives that promote
inclusionary practices and housing options for all income levels.
Chapter 5 Land Use Element of the Comprehensive Plan:
• 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 2 – Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources,
and community character.
• Land Use Goal 3 – A variety of land uses that are coordinated within a
program and pattern that limits sprawl, preserves community and rural
character, minimizes land use conflicts, and supported by an efficient and
balanced transportation system.
• Land Use Goal 4 – Land development regulations, guidelines, techniques,
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and/or incentives that promote the integrated achievement of all
Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2016
b. Quarterly Public Hearing
November 21, 2016
c. BOCC Updates/Checkpoints
May 5, 2016 – Approval of UDO Amendment Outline Form
September 7, 2016 – Planning Board Ordinance Review Committee (ORC)
meeting (BOCC receives agenda materials)
October 5, 2016 – Planning Board Meeting (BOCC receives agenda materials)
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
September 7, 2016 – Ordinance Review Committee
October 5, 2016 – Recommendation
b. Advisory Boards:
Staff will forward proposal to the
Commission for the Environment for
review and comment.
Set for October 10, 2016 Board
agenda.
c. Local Government Review:
Staff shall transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, and Hillsborough for
JPA and courtesy review.
Sent to Town Planning Departments
the week of September 24-28, 2016.
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d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from departmental funds budgeted for this purpose. Existing Planning staff included
in the Departmental staffing budget will accomplish the work required to process this
amendment.
D. AMENDMENT IMPLICATIONS
The amendment(s) will encourage more efficient and sustainable land uses, which in-
turn lessen public costs for services, promote diversity with respect to available housing
types, and promote the preservation of additional land area as open space.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 5.
General Public: Staff held two open house meetings to review and discuss
options on proposed subdivision amendments on July 20,
2016.
Staff coordinated the release of a press release with the
Manager’s office advertising the time/date/location of the
open house meetings.
The first meeting occurred at 1:00 p.m. and was attended by
land surveyors and engineers who have gone through a
subdivision review with the County. The session was
attended by approximately five people. The second
meeting, which was open to the general public, was held at
5:30 p.m. and was attended by approximately five people.
Small Area Plan Workgroup: N/a
Other: N/a
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Primary Staff Contact:
Patrick Mallett
Planning
(919) 245-2577
pmallett@orangecountync.gov
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APPROVED 3/22/2016
MINUTES
ORANGECOUNTYBOARD OF COMMISSIONERS
QUARTERLY PUBLIC HEARING
February 18, 2016
7:00 P.M.
The OrangeCounty Board of Commissioners metwiththe OrangeCounty Planning Board for a
Quarterly Public Hearing on February 18, 2016 at 7:00 p.m. at the Whitted Building, in
Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Earl McKee and Commissioners Barry Jacobs,
Mia Burroughs, Mark Dorosin, BernadettePelissier, Renee Price and Penny Rich
COUNTY COMMISSIONERS ABSENT:
COUNTY ATTORNEY PRESENT: James Bryan (Staff Attorney)
COUNTYSTAFF PRESENT: CountyManager Bonnie Hammersley and DeputyClerk to the
Board David Hunt (All other staff members will be identified appropriately below)
Chair McKee called the meeting to order at 7:04 p.m.
A. OPENING REMARKS FROMTHE CHAIR
None.
B. PUBLIC CHARGE
Chair McKee dispensed with the reading of the Public Charge.
C. PUBLICHEARING ITEMS
1. UnifiedDevelopment Ordinance (UDO) Text Amendment -To review government-
initiated amendments to the text of the UDO regarding mailed notification requirements.
Perdita Holtz, OrangeCounty Planning Department, presented the following PowerPoint
slides:
Mailed Notifications
Quarterly Public Hearing
February 18, 2016
Item C.1
Purpose of Amendment
Correct omissions tothe public hearing process amendmentsthat were adopted in
November 2015.
Update mailed notice requirements in two sections that were not contemplated for
amendments last year.
CorrectOmissions
Three sections related to required Neighborhood Information Meeting for Special Use
Permits, Conditional Use Districts, and Conditional Zoning Districts.
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D. ADJOURNMENT OF PUBLICHEARING
The public hearingwas adjourned at 7:26 p.m.
E. WORK SESSION
1. Review of MinimumLot Size and Density Allowances for Subdivisions —To review
and discuss the County's subdivision development and review processesfocusing
primarily on minimum lot size and density limitations as they relate to the clusteringof
proposed subdivision lots.
David Stancil, Department of the Environment, Agriculture, Parks and Recreation
DEAPR) Director provided background regarding the Rural Character Study. He said in 1987,
the BOCC created a Joint Planning Area with the Towns of Chapel Hill and Carrboro. He said
part of thisJointPlanning Areawas the designation of the Rural Buffer. He said the mechanism
to implement this rural buffer was the implementation of the two-acre minimum lot size. He said
a study committee was created to consider how best to protect the rural integrity of the land. He
said the first area focused on the rural buffer, and the second area focused on the remaining
rural areas of the County. He said, simply put, the conclusion was to create a slidingscale
between open space and the ability to achieve a smaller lot size. He said a great deal of
thought went intothe decisions and the process was a high point in his time in OrangeCounty.
Craig Benedict said OrangeCounty's population has increased by about 50,000 people
since the rural character study was completed. He said the majority of these people went into
the cities but about 45% went into the unincorporated area. He said the originalgoalsof the
study started out as an open space preservation plan, balancing agricultural protection. He said
the interestingpart of this report is that, in large part, cooperation withthe plan was voluntary.
He said developers would submit two plans: a conventional one (10 acres, divided into five 2-
acre lots), and a flexible plan (10 acres, with five 1-acre lots, and five acres of open space). He
said the plans were reviewed, andthe decisionof which plan to use was placed on the
developer. He said initiallythe majority of developerschose the conventional plans but slowly
moved towards flexible plans. He said theprocessmoved from voluntary to being a bit more
direct, in order to achieve the outlinedgoals.
Craig Benedict said the conversation nowshifts to thenext 50,000 people moving into
Orange County and considering where they will live. He said projections are for lots of single-
family development to occur in the rural buffer due to demand. He said one of the goals from
the rural character study that remains in place today is the growth management goal: to have
urban growth boundaries; to have efficient formsof development; balance the natural resource
goals with pattern development and growth management.
Commissioner Rich said there wasprevious discussion about thegross overstatement
of projected population growth. She asked if there was an update on these numbers.
Craig Benedict said the originalnumbers were done for the entire triangle region. He
said hewill give a presentation on March 2 to Planning Board about how these numberswere
developedfor the 2040 plan. He said the 2045 plan is currently being worked on and it is hoped
that thecontrol totals, which are provided to the County, can be reviewed and more appropriate
estimates garnered. He said the formula for the projections (one house per every two acres),
cannot be altered, butthe numbers can be reviewed forrealisticestimates.
Michael Harvey, Orange County Current Planning, reviewed the following background
and PowerPoint slides:
PURPOSE: To review and discuss the County's subdivision development and review
processesfocusingprimarily on minimum lot size and densitylimitations as they relate to the
clustering of subdivision lots. This item was developed to address a petition submitted by
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Commissioner Pelissier to identify opportunities and constraints within currentregulations
associated withthe clusteringsubdivision lots. This represents one component of a larger
discussion related to reducing development costs in an effort to promote affordable housing
development.
February 18, 2016
AGENDA ITEM: E-1
WORK SESSION:
Review of Minimum Lot Size and Density Allowances for Subdivisions
What is a Subdivision:
All divisions of a parcel of land into two or more lots forimmediate or future
sale/development,
Includes division of land involving dedication/change in existing streets.
Terms `subdivision' (i.e. process of creating lots) and `development' have become
synonymous. They do not necessarily mean thesame thing (i.e. just because youare
subdividing does not mean youare engaged in development).
Subdivision Classification(s)
Exempt (i.e. Statelaw indicates not a regulated activity) includes:
Recombination of previously subdivided property (number of lots are not
increased),
Creation of parcels in excess of 10 acres in area,
o STAFF NOTE: there have been issueswithproperty owners coming back to
subdivide these 10 acreparcels as they haveto bring lots/roadways into
compliance with UDO.
Publicacquisition by purchaseofstripsof land forwidening or opening streets,
Division of a tract of land in single ownershipwhere the property is no greater
than 2 acres in area into not more than 3 lots if no street right-of-way dedication
is involved and resultant lots are equal to or exceed County regulations (i.e.
minimum lot area and width, etc.).
Commissioner Dorosin asked if subdivisionregulations apply, even when it is less than
three lots in the subdivision.
Michael Harvey said no, the property canbe no greater thantwo acres for thelast
exemption.
Michael Harvey resumed the presentation:
Minor:
Division proposing 1 to 5 individual parcels,
Reviewed and acted upon by staff. No board review (i.e. BOCC or Planning
Board) required.
Major:
Division proposing 6 or more individualparcels,
Typically Planning Board approves a concept plan/makes recommendation on
preliminary platapplication. BOCC makes final decision,
Required review process related to number of proposed lots.
Major Subdivision can be processed as Class A Special Use Permit or Conditional Use
Rezoning based on number of proposed lots and location in County (i.e. rural versus
urban areas).
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Subdivision Types:
StandardSubdivision: Lots comply with established dimensional requirements for the
general use zoning district in which the property is located as well as the standards
detailed within Article 7 of the UDO.
Cluster Subdivision: Required lot sizes, area, and setbacks can be reduced if at least
20% of the gross land area designated as common openspace; and
Flexible Development: Required lot sizes, area, and setbacks can be varied to
accommodate on-site features. Three types:
Estate Lot (min. 4 acre lot size - only 2 acres developable)
Flexible Development (33% open spacerequired)
Village (mixed use project— multiplehousing types and land uses allowable)
Example: Henderson Woods
Located in Rural Buffer Land Use Category (Comprehensive Plan) and Rural area per
Growth Management System Map,
Density limited to 1 unit for every 2 acres per JointPlanning Land UsePlan/Agreement,
Property was 48 acres in size resulting in 24lots potentiallyavailable for development
based on density (48 acres /2 = 24 lots),
Minimumrequired lot size is 1 acre based on Joint Planning Land UsePlan/Agreement.
STAFF COMMENT: Per existingsubdivisionregulations lotsize, in certain
circumstances, can be reduced to as much as 65% of required area outside of
protected watersheds.
EXAMPLES (graphic)
EXAMPLES (graphic)
DIFFERENCES — CONVENTIONAL VERSUS FLEXIBLE (CONSERVATION CLUSTER)
Conventionalsubdivision:
Open space part of individual lots. Can be disturbed,
Subdivision encompasses entire parcel,
More impervioussurface area /land clearing/grading required (i.e. longer roadsand
driveways),
Greater impact to existingfoliage andmore acres `developed' underconventional
subdivision design.
Flexible (Conservation-cluster):
Smaller lots and separate openspace (less likely to be disturbed),
Open space is now `shared common area',
Subdivision is condensed requiring lessland clearing and grading,
Less impervious surface area required,
Greater protection for existing foliage and less overall `development' on property.
Commissioner Dorosin referred tothe conventional model and asked if the open space
requirement only has to be metduring construction.
Michael Harvey said there is no open space requirement in the conventional model. He
said the track is developed to the fullestextent.
Commissioner Dorosin referred tothe flexible model and asked if the separate open
spacemust be maintained and undisturbed.
Michael Harvey said yes.
Commissioner Rich asked if Henderson Woods is conventional or flexible.
Michael Harvey said flexible, but construction has not yet begun.
Commissioner Dorosin asked if either model could have been approved.
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Michael Harvey said developers have the right tobring forth a conventionalsubdivision
designbut it may not successfully obtain a staff or Planning Board recommendation.
Commissioner Jacobs saidthe County can state its design preference andthe flexible
modelwas promoted and encouraged in the rural character study.
Michael Harvey said in his tenureatOrangeCounty, he has mostly seen either flexible
development subdivisions with open space or the conservation subdivision. He said until 2013,
the Joint Planning Agreement did not allowclustering in thenorthern portion of the rural buffer.
Chair McKee said historically, the buyer's preference was for a largelot configuration
with clearly identified corners. He asked if there has been a transition in what buyers are
wanting.
Michael Harvey said possibly but he believes the biggest issue is cost. He said the
conventional model requires greater expense by the developer and greater adherence to
separate development regulatorystandards.
Commissioner Rich asked if the openspaceneeds to be maintained.
Michael Harvey said yes. He said if a storm comes through and knocks down trees
there is an obligation to reestablish the required buffers and open space.
Commissioner Dorosin asked if there is a densitybonus.
Michael Harvey saidthe onlyrecognized density options are for affordable housing or if
a greater area of open space if preserved. He said density bumps are not allowed in protected
watershed areas as density is already set. He said density bumps are also not allowed in the
northern part of the rural buffer as density is set by the joint planning land use plan and
agreement.
Commissioner Dorosin asked if density bumps arenot allowedanywhere in the rural
buffer.
Michael Harvey said correct.
Commissioner Dorosin said it is cheaper for developers to do thisbutthe end result is
very expensive housing.
Commissioner Jacobs said there are different kinds of open space. He said the rural
character study recommended 1.94 acre zoning throughout the County, which is the average lot
size in OrangeCounty.
Commissioner Jacobs said water and sewer management can be tricky but there are
some ideas about this in the rural character study.
Commissioner Dorosin asked if there are consequences when a homeowners'
association fails to maintain the open space, a stormwater system, etc.
Commissioner Jacobs said to call Michael Harvey. He added that he wanted the County
to review homeowners' agreements to insure that such problems are avoided.
Commissioner Rich said she lives in a neighborhood with dedicated open space which
the entire community commits to maintainwith twice annual workdays. She asked if farms can
be counted as open space.
Michael Harvey said farms can be counted as part of secondary open space in flexible
development projects.
Commissioner Jacobs said it may be something as simple as hay fields but it can lead to
potentialrevenue.
Commissioner Price referred to the discussionbetween conventional and flexible
models. She said there are developers that are happywith the flexible model and othersthat
were not, as it reducedthe number of homes theycould build in the development due to septic
issues.
Commissioner Jacobs said some subdivisions use the open space as secondaryseptic
areas which allows for no loss in density.
Commissioner Pelissierasked if any changeswere made to septic rules, would there be
any benefit to changing the rule for minor subdivision with five lots or less.
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Michael Harvey said globallythere will be staff recommendations that will change
everything.
Chair McKeeinstructedthe Manager to have John Roberts send a memo to the Board of
County Commissioners (BOCC) regarding the court case in which the affect of septic on
community systemswaslitigated.
Commissioner Jacobs asked if there is a percentage break down for the type of
subdivisions being built.
Michael Harvey said there is 30% major subdivision, 40% minor, andtherestare
exempt. He said of the 40% minor, most are three lots or less, whether due to density, cost or
code requirements.
Potential Constraints
Within Watershed Protection Overlay Districts, parcels being subdivided cannot be
reduced below 40,000 sq.ft. of land area if served by individual septic systems.
There is currently no allowance for off-site septic systemsto be considered
withrespect to allowing for further reduction in requiredlot sizes.
Please note off-sitewell and septic systems are specifically prohibited
within the University Lake Protected and Critical Watershed Protection
Overlay Districts.
Current private road justification standards onlyallows for a minimal reduction of
required lot size with open space reservation. Smallest allowable lot, after process is
completed, is 60,000 sq.ft. (minimum 50% of parcel being subdivided has to be
designated as open space)
Commissioner Jacobs asked if there are incentives to do it that way.
Michael Harvey said a subdivision is a subdivision and there are no incentives currently.
He said if any expeditedpermit reviews were to be offered, he wouldpersonally suggest it being
done for flexible development options.
Commissioner Dorosin asked if the point about roads could be clarified.
Michael Harvey said if there are between four and twelve lots, design elements must be
adhered to. He said the rationale is to preserve the existing rural aesthetic as much as
possible. He said there are options that allow for the dedication of openspace through the
private road justification process, and reduced lot size. He said if a subdivision has 13 or more
lots, a public road must be made that meetsthe Department of Transportation standards.
Commissioner Rich asked if there is a difference between a private road and a long
driveway.
Michael Harvey saidthe number of lots that the road serves.
Commissioner Rich asked if a long driveway serves two lots, would it be considered a
private road.
Michael Harvey said no, joint driveways are permissible. He said if there are three lots
or more, then it becomes a roadway.
Chair McKee asked if Michael Harvey could speak to Class B roads, in that context.
Michael Harvey said a Class B road is a 50-foot right of way, with 12 feet wide of
improved travel way, which could be gravel, pavement, concrete, etc. He said this road serves
1 to 5 lots. He said 6 to 12 lots would be served by a Class A road, which is 18 feet ofimproved
travel way with any 50-foot rightof way.
Chair McKeeasked if MichaelHarvey could speak to a 10-acre lots and the requirement
of a driveway.
Michael Harvey said if one has a 200acre tract of land and creates 20 10-acre lots, one
is exempt from the provisions of the subdivision regulation. He said the County cannot compel
the installation of any type of roadway.
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Commissioner Jacobs asked if there are specific dimensions for a public road.
Michael Harvey said 22 feet wide of pavement and a 50-foot right of way. He said curb
gutter and stormwater systems may changethis slightly.
Commissioner Jacobs said it is cheaper to do a private road and such roadsalso
provide for the least rural impact. He said as the County moves forward, it is good to consider
how to balance adequate public safety with minimizing environmental impact. He said the idea
of density bonuses and expedited reviews should be reviewed in the future. He referred to page
22, noting the suggestion ofpossible open spacetaxbreaks.
Craig Benedict said there has been previous discussion about how open spaces are
taxed. He said the tax assessor does not tax the open space but transfers some ofthat value
onto theindividual lots.
Commissioner Jacobs said it might be interesting to monitor this processduringthe
revaluation.
Michael Harvey resumed the power point presentation:
Within the Cluster Subdivision type lots can only be reduced to 40,000 sq.ft. in size with
the reservation of a minimum of 20% Open Space.
This Subdivision Type has applicabilitywithin the Rural Buffer(RB) general
use zoning category but nowhere else.
Staff has been successful in encouraging theFlexible Development—
Conservation Cluster model where lots can be reduced to 40,000 sq.ft. with
the reservation of 33% open space (i.e. Henderson Woods, Annandale at
Creek Wood, etc.).
OPTIONS
Eliminate the Cluster Development subdivision type and promote the Conservation-
cluster Flexible Developmentsubdivision option.
Allow for greater reductionof lot sizes through the Flexible Development design process
thereby increasing potential for additional open space.
Allow/recognize the use of off-site septic for wastewater processing, which could allow
for further reductionof lot sizes— including within watershed protection overlaydistricts.
Re-assessprivate road development standards.
Review potential forcreation/adoption of a Rural Master Plan Conditional Zoning district.
Commissioner Jacobs asked if there are advantages and disadvantages to the County
regarding private roads.
Craig Benedict said under the new storm water controls, it will behoove the developer to
have the road drain to a certain location and have a master stormwater system. He said new
regulations arebeing reviewed, and considering whether each lot should have its own
stormwater controls, or if a master system can control both the roadway disturbance, and that
on theindividual lots. He said there is new technology and new regulations which are favoring
the master system level.
Michael Harvey said staff will be developing and reviewing a rural master plan
conditional zoning district with theBOCC.
Remember
Staff is not recommendingchangingestablisheddensity standards. There will need to
be additionaldiscussion of this topic before action is taken.
Proposed modificationscannot impact property in the Rural Buffer. In order to change
density or minimum lot sizes for this area the Joint Planning Land Use Plan and
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Agreement will have to be amended, requiring approval of all participatingentities (i.e.
OrangeCounty, Chapel Hill, and Carrboro) after a joint public hearing.
While this may promote development of `affordable housing' these issues represent only
1 small component of housing costs. This issue transcends Planning and will not be
resolvedsolely throughaltering existing land use regulations.
Recommendation
The Managerrecommends that the Board receive the information and provide
comments/direction on potential subdivision amendment(s).
Chair McKee said he appreciated the presentation, but he is not sure that the changes
being discussed will affect the affordability of the lots. He said he understandsthat affordable
housing will not be developed in the northern part of the County as it is away from water and
sewer.
Michael Harvey said this is just one aspect of a globalissue that warrants discussion.
He said if there is significant reduction in lots sizes withthe implementation of innovative, off-site
septic with increased density allowances andwith incentives for developers, there may be an
improvement with respect to the cost of the lot. He said the value of land in a protected area
versus an unprotected area versus the rural buffer will all be different.
Commissioner Pelissier saidthis has been a great presentation and it wasdone in
response to her petition. She said the originalintent of her petitionwas not so much affordable
housing but ratherpreservationof rural character. She said the hope of an affordable housing
byproduct was secondary.
Commissioner Pelissierasked if there are any successfulexamples of the options
outlined this evening from otherlocations.
Craig Benedict said several examples have been received that included a variety of the
options.
Commissioner Pelissier asked if there is anything that could be developed to
differentiate the size of a development.
Michael Harvey said there is some viability with this idea. He said further discussion is
neededregarding incentivizingdevelopers.
Commissioner Pelissier said in her tenure on the BOCC, every major subdivision has
been high-end housing. She asked if mixedhousing could be incentivized to allow for greater
diversity of price points. She asked if this idea is even realistic.
Michael Harvey said there is probably no incentive that can be offeredunlessthe County
is purchasing the property. He said the valueof land is the valueof land.
Commissioner Jacobs asked if permanent protected open space is valued by Orange
County, could theBOCC direct the appraiser to appraise at a reduced value forpermanently
protected open space in a subdivision.
Commissioner Price said conservationeasements could perhaps reducecosts. She
said the Community Home Trust has several homes that are mixed into the high-end
subdivisions. She saidshe does not promote the idea but noted it points to an example.
Commissioner Dorosin referred to Commissioner Jacobs' point about incentivizing. He
said it is important to determine what the County wants to incentivize. He said he would like to
address the questionof affordable housing. He said if the main concern is environmental
preservation then it is not practically possible to have affordable housing in these areas. He
said it may be worthexploring how development in the environmentally sensitive areas can
subsidize the building of affordable housing elsewhere. He said it may bean impact fee or a
cost in exchange for the incentives. He said he is veryexcited about the concept of off-site
septic.
Craig Benedict said there is currently a multi-department effort on affordable housing.
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He said the ingredients of housing costs are: land, public or private infrastructure, entitlements
in permit fees, cost of housing, cost of labor, profitmargins, and market aspects. He said the
areas, which can be affected and changed, are being considered.
Commissioner Dorosin said he would love to hear on going updates fromthe multi-
department effort.
Commissioner Rich said when theBOCC approved the developmentof Whitfield the
developer made voluntary contributions to affordable housing. She said the idea of affordable
housing in the rural partof the County should be considered as well as who is beingserved by
the affordable housing.
Craig Benedict said staff has reviewed the inventory of affordable housing in the rural
parts of the County. He said a comprehensive picture will be presented to the BOCC.
Chair McKee suggested breaking affordable housing into two sections: low income
affordable housing (Community Home Trust, Habitat, etc.); and work force affordable housing
125,000 to $150,000 homes).
Michael Harvey said looking at the comprehensive planand the land use map, high
intensity housing, in the 10 to 20 year transitions, is the highway 70 corridor, certain areas near
Hillsborough and Durham, and some areas of Chapel Hill and Carrboro. He said it is clustered
in these areas as the services are located there as well.
Chair McKeeasked if alternative water and sewersystems are being considered, can
work forceaffordable housing be offered outsidethese high dollar areas just mentioned by
Michael Harvey.
Michael Harvey said one of the rationales for recommending a rural residential master
plan development process is to allow that type of dialogue to occur. He said it is important to
remember that there are some intrinsic limits to such a dialogue, based on a density discussion
that must occur at another work session. He said the village concept isa possibility if the
infrastructure obstacles can be overcome.
Chair McKee said some smaller local builders may be attracted to these options.
Commissioner Jacobs said this discussion occurredat the BOCC retreat three years ago
and the idea of clustered development with on-site community systems was considered. He
said it is time to move past discussion and totry something.
Commissioner Price said she would like to try the cluster developments with a small
number ofhomes. She said those of modest income, who wish to live in a rural setting, should
be able to do so.
Commissioner Rich referred to the map on page 77 and asked if Michael Harvey could
clarify the dark grey areas.
Michael Harvey said these are transition areasthat are managed, from a zoning
standpoint, by either Chapel Hill or Carrboro. He said the County has granted authority for
those areas to be developed in accordance withthe joint planning landuse planning agreement.
Commissioner Rich referred to the triangle on the bottom of the map, which is identified
as rural buffer. Sheasked if there is a reason this portion of land is considered as such.
Michael Harvey said that goesback to the joint planning land use planning agreement.
He said the area was rural in nature, with lots of farms.
Chair McKee recalledthe discussion about the extension of the water line for fire
protection in that area.
Commissioner Rich said this triangular area seems out of character given that Chatham
County is developing right up to theedge of it.
Craig Benedict said it is known as the "lost triangle".
Michael Harvey saidbased on thisworksession, the BOCC desires a presentation
regarding how the options discussed this evening will look and a future work session on density.
Commissioner Jacobs said he hoped this discussion would include tax implications of
the variouspossibilities.
122
14
Commissioner Price saidshe would like to hearmore about the cluster development of
affordable homes.
Craig Benedict said tonight's meeting wasproductive.
A motion was made by Commissioner Dorosin, seconded by Commissioner Burroughs
to adjourn the work session at 9:00 p.m.
VOTE: UNANIMOUS
Earl McKee, Chair
David Hunt,
Deputy Clerk to the Board
123
12
4
12
5
12
6
12
7
12
8
12
9
13
0
13
1
DRAFT
1
EXCERPT OF ORC NOTES FOR AGENDA ITEM 3: UDO TEXT AMMENDMENTS – SUBDIVISION REGULATIONS 1 ORANGE COUNTY PLANNING BOARD 2 SEPTEMBER 9, 2016 3
ORDINANCE REVIEW COMMITTEE 4
5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large, Chapel Hill Township; Tony Blake (Vice-chair), Bingham Township 8
Representative; 9
10
11 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning 12
Systems Coordinator; Ashley Moncado, Special Projects Planner; Patrick Mallett, Planner II, Rachel McCook, Planner I; Molly 13
Boyle, Planning Technician; Meredith Pucci, Administrative Assistant II. 14
15
16 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 17 18 AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SUBDIVISION REGULATIONS 19
To review and comment upon proposed amendments to the UDO pertaining to subdivisions, particularly 20
minor subdivisions. 21 Presenter: Patrick Mallett, Planner II; Rachel McCook, Planner I; Molly Boyle, Planning Technician 22
23
Patrick Mallett reviewed the abstract. 24
25
Allen Clapp presented 26
27
Lydia Wegman asked about what can be on top of these systems. Allen Clapp answered people can walk on them, just no 28
vehicles. Patrick Mallett elaborate that there are fences or possibly hedgerows around them to prevent vehicles. Tony Blake 29
asked how long the supply lines last. Allen Clapp informed him they last indefinitely unless they’re exposed to UV. Tony Blake 30
inquired about putting some of these alternative systems into the commercial areas where there’s a growing issue with septic 31
systems failing. Allen Clapp explained that they would be able to do that now with the new rules but Patrick Mallett explained 32
there are some zoning and other issues making it difficult to get done. 33
34
Molly Boyle presented 35
36
Lydia Wegman asked if the cluster and flexible developments are going to be merged. Molly Boyle confirmed they are. 37
38
Patrick Mallett continued presentation after break for Planning Board meeting. 39
40
Tony Blake asked how it would affect the buffers. Patrick Mallett advised that it wouldn’t to begin with because minor 41
subdivisions don’t have that but the trade off is the open space requirement. Tony Blake mentioned subdivisions that aren’t 42
finished yet and asked if they would be able to convert the remaining space to something like this. Patrick Mallett answered 43
that what’s likely to drive that is the soil and whether the subdivisions were built on private or public roads. Patrick also 44
informed him that the road is cumulative and that’s why 12 is the cap and if you go above 12 you have to have a public road. 45
Michael Harvey added that it would be on a case-by-case basis for a multitude of reasons. 46
47
Craig Benedict added that the examples being presented are just graphics and it’s likely these clusters will not be so close to 48
the road. The idea is to create more open space and give it rural character. 49
50
Patrick Mallett concluded presentation 51
52
Rachel McCook presented 53
Attachment 4
132
DRAFT
2
54
Lydia Wegman asked if they’ve gotten feedback from developers. It was confirmed that they have and Patrick Mallett added 55
that they’ve been working with a couple pretty consistently. 56
57
There was discussion about farmers selling part of their land and subdividing it, as long as they still had enough to live off of. 58
59
Lydia Wegman confirmed that there was not going to be a change to the rural buffer with this. 60
61
62
63 AGENDA ITEM 5: ADJOURNMENT 64
65
Meeting was adjourned by consensus 66
67
___________________________________ 68
Lydia Wegman, Chair 69
133
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 subdivision development requirements and review processes to
provide additional opportunities for the clustering of subdivision lots and preservation of open
space.
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:
Chapter 2 Planning Principles of the Comprehensive Plan:
• Principle 2 – Sustainable Growth and Development: Growth and
development within the county should occur in a pattern, location,
and density that is sustainable over the long-term.
• Principle 4 – Natural Area Resource Preservation: Protection of the
County’s natural areas, including forests, wildlife, habitat, and other
important open spaces, should be a priority. The County should
work with regional and local organizations, the towns, and private
landowners to promote and achieve preservation of the County’s
important natural resources.
Chapter 4 Housing Element of the Comprehensive Plan:
• Housing Goal 1 – A wide-range of types and densities of quality
housing affordable to all in all parts of the County.
• Housing Goal 4 - Development ordinances and incentives that
promote inclusionary practices and housing options for all income
levels.
Chapter 5 Land Use Element of the Comprehensive Plan:
• 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 2 – Land uses that are appropriate to on-site
environmental conditions and features and that protect natural
resources, cultural resources, and community character.
• Land Use Goal 3 – A variety of land uses that are coordinated
within a program and pattern that limits sprawl, preserves
community and rural character, minimizes land use conflicts, and
supported by an efficient and balanced transportation system.
Attachment 5
134
• Land Use Goal 4 – Land development regulations, guidelines,
techniques, and/or incentives that promote the integrated
achievement of all Comprehensive Plan goals.
c. The amendment is reasonable and in the public interest because it:
1. Assists Orange County in promoting more efficient and sustainable land
uses.
2. Encourage the preservation of additional natural area while allowing for new
development opportunities.
3. Promote diversity with respect to available housing types.
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
135
UDO AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations associated
with the review and permitting of subdivisions.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large “X” through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/departments/planning_and_inspections/ordinances.php
Attachment 6
136
Article 2: Procedures
Section 2.2: Applications
Orange County, North Carolina – Unified Development Ordinance Page 2-2
(B) If the applicant is not the owner, or sole owner, of the land, a notarized letter signed by
the owner(s) consenting to the submission of the application shall be submitted along
with all required application information and materials.
2.2.2 Timely Processing of Applications
The Planning Director, Planning Board, Board of Adjustment, Board of County Commissioners
and all other authorized review and decision-making bodies shall make every reasonable effort to
process, review, and act on applications in a timely manner, consistent with the need to fully
consider the application’s proposed impact and ensure that it is consistent with the spirit and
intent of the Orange County Comprehensive Plan and otherwise advances the public health,
safety, and general welfare.
2.2.3 Burden Of Proof
The burden of demonstrating that an application complies with applicable submittal, review, and
approval criteria is on the applicant.
2.2.4 Form of Application and Filing Fees
(A) Unless a greater number is specified herein for a specific review procedure, three copies
of all applications, including required supporting documentation, shall be submitted by the
applicant. Applications detailing the submittal requirements for each type of application
are available in the Planning Department office.
(B) Officials responsible for accepting applications shall maintain a list specifying the
materials and information to be submitted with each application filed. The list shall be
made available to all applicants and to any other person who requests a copy.
(C) The Planning Director is authorized to propose and promulgate administrative
regulations, including but not limited to the type and amount of data required for a
completed application, in order to implement the provisions of this Ordinance.
(D) Applications must be accompanied by the fee amount that has been established by
Board of County Commissioners. Application fees are nonrefundable.
2.2.5 Pre-application Conference
(A) Prior to submittal of an application for review and approval of a:
(1) Non-residential development,
(2) Special Use Permit (SUP),
(3) Conditional Use District (CUD),
(4) Conditional Zoning District (CZD), and/or
(5) Major Subdivision and/or,
(6) Minor Subdivisions 1
The applicant shall schedule a pre-application conference with the Planning Department.
(B) In preparation for the pre-application conference, the applicant shall submit a sketch plan
illustrating the location, size and major design elements of the proposed development no
later than five working days prior to the pre-application meeting.
(C) The Planning Department may request that representatives of other public agencies be
present at the pre-application conference, including, but not limited to:
(1) Planning Board,
1 Pre‐application conferences are held for all subdivision projects to ensure the applicant’s are aware of all
applicable standards. We are adding language within this section ensuring the requirement is clear.
137
Article 2: Procedures
Section 2.14: Minor Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-46
(d) A copy of the Final Plat indicating approval of the plan to control
sedimentation and erosion during construction of improvements.
Where an erosion control plan is required, it shall comply with the
provisions of Section 6.15 of this Ordinance. If an erosion control plan
is not required, the copy of the Final Plat must be signed by the
Erosion Control Officer certifying that a plan waiver has been approved
or the amount of land disturbance on the site is not subject to the
provisions of Section 6.15 of this Ordinance; and
(e) A statement describing the methods proposed to protect environmental
resources identified in "An Inventory of Sites of Cultural, Historic,
Recreational, Biological and Geological Significance in the
Unincorporated Portions of Orange County" and/or "Inventory of the
Natural Areas and Wildlife Habitats of Orange County, North Carolina".
(B) Review and Action
(1) The Planning Director shall determine if the plat and application conform with all
applicable regulations.
(2) Auxiliary documents required by Article 7 shall be submitted by the Planning
Director to the County Attorney for review and recommendation.
(3) The Planning Director may submit copies of the Final Plat application and
accompanying material to other officials and agencies for review and comment.
Other potential reviewers include, but are not limited to:
(a) NC DOT,
(b) Orange County Schools,
(c) Orange County Land Records,
(d) County Attorney,
(e) Orange County Environmental Health,
(f) Orange County Erosion Control,
(g) Orange County Engineering,
(h) Public Utility Companies, and
(h)(i) Orange County Department of Environment, Agriculture, Parks and
Recreation (DEAPR).2
(4) Reviewers shall provide a certification to the Planning Director of the suitability,
provisional suitability, or unsuitability of the proposal. Recommendations of the
reviewers may be incorporated as conditions of approval of the subdivision.
(5) The Planning Director shall take action on an application solely on his/her
findings as to compliance with applicable regulations and conditions and shall
either:
(a) Approve the application; or
(b) Approve the application with conditions; or
(c) Deny the application.
(6) The Planning Director shall notify the applicant of the action in writing.
(C) Action Subsequent to Approval
2 Although part of the Development Advisory Committee (DAC) meeting process, staff is modifying this list to
include DEAPR so that we receive their comment(s) on any final plat application.
138
Article 2: Procedures
Section 2.14: Minor Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-47
(1) The applicant shall submit a reproducible mylar original of the Final Plat to the
Planning Director for endorsement within one year of Final Plat approval.
(2) The Planning Director may grant an extension of this time limit to one-year from
the original date of expiration if the applicant files an extension application in
accordance with Section 2.2.
(3) The Planning Director shall obtain all required certification signatures and shall
endorse approval of the approved Final Plat on a reproducible mylar original after
all other certification signatures have been obtained. The Planning Director shall
prepare the Declaration of Restrictions.
(4) The Planning Director shall notify the applicant when all required certification
signatures have been obtained and County Attorney review is complete. The
applicant shall then make an appointment with the Planning Director to have the
approved plat and any associated documents necessary to assure conformance
with regulations recorded in the Officer of the Register of Deeds. The approved
plat and any associated documents must be recorded within 90 days after the
Planning Director's endorsement of approval.
(5) The Planning Director shall accompany the applicant to the Register of Deeds
Office to ensure the approved plat and any required documents are recorded in
the correct order and to fill in the book and page references, where applicable.
Documents shall be numbered in the order they are to be recorded. The order is
as follows:
(a) Approved plat
(b) Road Maintenance Agreement, if required
(c) Declaration of Restrictions
(d) Homeowners/Property Owners’ Association documents, if required
(6) If the approved plat is not recorded within the specified time period, the plat is
void.
(7) Any plat or portion thereof not receiving final plat approval within the time period
set forth in (5) above shall be null and void except under the following conditions:
(a) The subdivision is built in sections or phases, and a phasing plan was
approved as part of the Preliminary Plat;
(b) The period between the approval date of the Preliminary Plat and the
approval date of the Final Plat for the first phase does not exceed one
year; and
(c) The period between the approval date of the Final Plat of the first
phase and the approval date(s) of the Final Plat(s) of any subsequent
phase(s) does not exceed the time limits specified in the phasing plan
of the Preliminary Plat. If no phasing plan is indicated, then the period
between Final Plat approvals shall not exceed six months.
(7)(8) If a phasing plan for construction of the subdivision is approved, the expiration
date of the Preliminary Plat shall be governed by the time period(s) approved as
part of the phasing plan.
(8)(9) The Planning Director may extend the deadline for recordation provided the
applicant can demonstrate a good faith effort to comply with the deadline, but for
reasons beyond his/her control, fails to meet the requirements for recordation
within the specified period.
(9)(10) All final plats shall conform to drawing specifications and certification
requirements for Final Plats contained in Section 7.14.3 of this Ordinance.
139
Article 2: Procedures
Section 2.14: Minor Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-48
(10)(11) Recordation of the approved final plat, and any required auxiliary documentation
shall be with the advice and consent of the Planning Director.
140
Article 2: Procedures
Section 2.15: Major Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-49
Determination of the correct application venue of the division of
land: Exempt Subdivision, Minor Subdivision, Class “A” Special Use
Permit, Conditional Use District, or a standard Major Subdivision
Referral to the Development Advisory Committee of the Concept Plan
Public agency review of the Concept Plan
Neighborhood Information Meeting
Finding of Application Completeness and issuance
of a letter to the applicant
Referral to Development Advisory Committee of the Preliminary Plat
Planning Board Review and
Recommendation of the Preliminary Plat
Board of County Commissioner’s acceptance of the Planning Board
recommendation(s) and action regarding the Preliminary Plat
Planning Board Review & Approval of Concept Plan
Finding of Concept Plan Application Completeness and issuance of a
letter to the applicant
Recordation of Final Plat
Preliminary Plat Application
Applicant completes all required public improvements or posts
acceptable financial security to ensure installation
Final Plat Application
Major Subdivisions Pre-application Conference
Planning Director Review/Approval of Final Plat
SECTION 2.15: MAJOR SUBDIVISIONS
2.15.1 Review and Decision Process Flow Chart
The review and approval process for a Major Subdivision is shown in the procedure’s flowchart.
141
Article 2: Procedures
Section 2.15: Major Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-50
2.15.2 Concept Plan
(A) Pre-Application Review
To promote better communication and avoid unnecessary expense in the design of
acceptable subdivision proposals, each subdivider is encouraged to meet with the
Planning Department staff prior to submitting an application for Concept Plan approval.
The purpose of this informal meeting is to introduce the applicant to the provisions of this
Ordinance and discuss his/her objectives in relation thereto.
(B) On-Site Visit
(1) Prior to submission of a Concept Plan application, the applicant shall schedule a
mutually convenient time to walk the property with the Planning Director. The
purpose of this visit is to familiarize the Planning Director with the property's
special features, and to provide an informal opportunity to offer guidance to the
applicant regarding the tentative location of Secondary Conservation Open
Space3 Areas, potential dwelling locations, and potential street alignments.
(2) Prior to scheduling the on-site visit, the applicant shall have prepared the Site
Analysis Map as required in Section 7.1413.2(A)(3) and shall submit the Site
Analysis Map to the Planning Director when the on-site visit is scheduled.
(3) If the on-site visit is not scheduled before submittal of the Concept Plan
application, it shall occur prior to the Neighborhood Information Meeting.
(C) Application Requirements
(1) Applications shall be submitted on forms provided by the Planning Department in
accordance with Section 2.2 of this Ordinance.
(2) Applications shall include:
(a) An Orange County Geographic Information Systems (GIS) Map
showing the location of the parcel to be subdivided.
(b) 25 copies of a Concept Plan of the proposed major subdivision
prepared in accordance with the specifications for Concept Plan
drawings as contained in Section 7.1413.2(A) of this Ordinance. A
Concept Plan shall include the following:
(i) A Site Analysis Map;
(ii) A Conventional Development Option; and
(iii) A Flexible Development Option.
(3) In lieu of a three-part Concept Plan, one Concept Plan may be submitted if the
applicant is seeking approval only of a Flexible Development Plan. The applicant
may also combine the Site Analysis Map and the Flexible Development Option
into a single plan, provided the information required in Section 7.1413.2(A) is
displayed in a clear and legible form. If an applicant chooses this option, he/she
shall comply with the provisions for determining density contained in Section
7.1312.74(A).
(4) A comparison of the impacts of the Flexible Development Option to those that
would result from the Conventional Development Option.
(5) A checklist identifying consistency with applicable design guidelines as contained
in Section 7.1312.78 (B).
3 Modifying language to be consistent throughout the UDO.
142
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-2
SECTION 3.3: RESIDENTIAL DISTRICTS
RB
RURAL BUFFER
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet) 87,120
Conventional
Subdivision Lot Size,
min. (square feet)
87,120
Flexible Development
Subdivision [1] Lot
Size, min. (square feet)
87,12040,000 [1]
43,560
PURPOSE Lot Width, min. (feet) 130
The purpose of the Rural Buffer (RB) District is to provide
locations for rural residential developments and agricultural,
silvicultural or horticultural uses which serve to buffer or
separate more intensively planned and/or developed portions
of Orange County. Development within the Rural Buffer (RB)
District is at very low densities (the minimum lot size per
dwelling unit is two acres) and relies on individual wells and
ground absorption systems for domestic water supply and
sewage disposal, respectively.
Front Setback from
ROW, min. (feet) 40 [12]
Corner Side Setback,
min. (feet) 40 [23]
APPLICABILITY Side Setback, min.
(feet) 20 [12]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as Rural
Buffer or by the adopted Joint Planning Area Land Use Plan
as Rural Residential or both.
2. Urban services, including water distribution and sewage
collection mains, are not likely within 10-20 years.
Rear Setback, min.
(feet) 20 [12]
Height, max. (feet) 25 [34]
DIMENSIONAL STANDARDS NOTES:
[1] Refer to Section 7.12.3: Flexible Development, which
requires additional standards and requirements to reduce
minimum lot size.
[2] Accessory structures shall not be erected in any required
front open space and shall also conform to all other
regulations.
[32] Any corner lot having an abutting interior lot on its side
street shall observe a front yard setback from both streets
provided, however, that this requirement does not reduce the
width suitable for a building on said lot to less than 25 feet.
(See graphic in Section 6.2.7).
[34] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[45] R = residential, NR = non-residential, CU = conditional
use
[56] Permitted non-residential uses existing as of 5/6/98 shall
be limited to a maximum floor area ratio of .141 in the RB, AR,
R-1, R-2, R-3, and R-4 zoning districts.
Floor Area Ratio, max.
R-
CU
[45]
.058
NR .088 [56]
NR-
CU .100 [56]
Required Open Space
Ratio, min.
R-
CU
NR
NR-
CU
.84
Required Livability
Space Ratio, min.
R-
CU .75
Required Recreation
Space Ratio, min.
R .028
R-
CU .031
Gross Land Area, min.
(square feet)
R-
CU
NR-
CU
174.240
Required Pedestrian/
Landscape Ratio, min.
NR
NR-
CU
.21
143
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-3
RB DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the RB District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 87,120 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.4
65. With the exception of Orange County government development projects, wastewater treatment facilities with
a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage
disposal are prohibited in the RB zoning district unless approved through the Special Use Permit (SUP)
process or as a Conditional Use (CU) District.
67. 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. The “Village Option” for a flexible development is not permitted in the RB districts.
78. Subdivisions utilizing , following the conventional design process, and/or 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.5
89. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
4 This standard is being eliminated as it would impede the ability for a property owner to adhere to the new State
septic system guidelines/statutes as well as invalidate proposed amendments designed to encourage greater
clustering of lots and preservation of common open space.
5 Private road justification is still required for all subdivisions following the conventional design model (i.e. not
proposing separate open space). Staff is modifying existing language to ensure consistency with proposed changes
to Article 7.
144
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-4
AR
AGRICULTURAL
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Standard Lot
Size –
Conventional
Subdivision
Process
(Section
7.12):
40,000
Lot Size –
Flexible
Development
Subdivision
Process
(Section
7.12):
Proposed
Open
Space
within
subdivision:
Allowable
Minimum
Lot Size
(sq. ft.):
33-39% 40,000
40-44% 30,000
45-49% 20,000
50-59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Standard Lot Width
– Conventional
Subdivision
Process (Section
7.12):
150
The purpose of the Agricultural Residential (AR)
District is to assist in the preservation of land
suitable, as a result of location, existing farming
operations, soils and topography, for agricultural,
silvicultural or horticultural uses and to protect such
uses from the adverse effects of incompatible land
uses.
Flexible
Development
Subdivision
Process – Lot
width (Section
7.12)
1006
Front Setback
from ROW, min.
(feet)
40 [1] [6]
Corner Side
Setback, min.
(feet)
40 [2] [6]
APPLICABILITY Side Setback,
min. (feet) 20 [1] [6]
This district will usually be applied where the
following conditions exist:
1. Designated by the adopted Comprehensive
Plan Agricultural Residential.
2. Urban services, including water distribution and
sewage collection mains, are not likely within 10-20
years.
Rear Setback,
min. (feet) 20 [1] [6]
Height, max.
(feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
Floor Area Ratio,
max.
R-CU [4] .058
NR .088 [5]
6 The flexible development subdivision process allows for a reduction in the required lot width in Section 7.13.4 (B)
(6) (a) of the UDO. In reviewing issues with the County Attorney’s office there is a concern over the subdivision
regulations allowing for a modification to minimum required zoning dimensional standards. To address concerns
over legal sufficiency of the current UDO, staff is including references within the various zoning district tables
detailing required minimum lot size, area, setbacks, etc. for the various subdivision processes.
145
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-5
required front open space and shall also conform to
all other regulations.
[2] Any corner lot having an abutting interior lot on
its side street shall observe a front yard setback
from both streets provided, however, that this
requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for
one foot increase of the required front and side
setbacks.
[4] R = residential, NR = non-residential, CU =
conditional use
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area
ratio of .141 in the RB, AR, R-1, R-2, R-3, and R-4
zoning districts.
[6] Required setbacks for lots created through the
Flexible Design Subdivision process, as detailed in
Section 7.12 of this Ordinance, may be reduced by
25% with the preservation of more than 33% open
space for the project. Under no circumstances
shall any required setback be less than 10 feet.7
NR-CU .100 [5]
Required Open
Space Ratio, min.
R-CU NR
NR-CU .84
Required
Livability Space
Ratio, min.
R-CU .75
Required
Recreation Space
Ratio, min.
R .028
R-CU .031
Gross Land Area,
min. (square feet)
R-CU NR-
CU 80,000
Required
Pedestrian/
Landscape Ratio,
min.
NR NR-
CU .21
AR DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the AR District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 40,000 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet. 8
65. With the exception of Orange County government development projects, wastewater treatment facilities with
a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage
disposal are prohibited in the AR zoning district unless approved through the Special Use Permit (SUP)
process or as a Conditional Use (CU) District.
76. 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.
87. Subdivisions utilizing, following the conventional design process and/or, 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.
98. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
7 Current subdivision regulations allow for a reduction of required setbacks by 30% for projects developed
through the Flexible Development process. After conferring with the County Attorney we are included references
within the specific base zoning district standards for each impacted general use zoning district to ensure proper
cross referencing.
8 Same rationale as Footnote 5 above.
146
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-6
R-1
RURAL RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Standard Lot
Size –
Conventional
Subdivision
Process
(Section 7.12):
40,000
Lot Size –
Flexible
Development
Subdivision
Process
(Section 7.12):
Proposed
Open
Space
within
subdivision:
Allowable
Minimum
Lot Size
(sq. ft.):
33-39% 40,000
40-44% 30,000
45-49% 20,000
50-59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Standard Lot Width
– Conventional
Subdivision
Process (Section
7.12):
130
The purpose of the Rural Residential (R-1) District
is to provide locations for rural non-farm
residential development, at very low intensities, in
areas where the short and long-term solutions to
domestic water supply and sewage disposal shall
be individual wells and ground absorption system.
Flexible
Development
Subdivision
Process – Lot width
(Section 7.12)
100 9
Front Setback
from ROW, min.
(feet)
40 [1] [6]
Corner Side
Setback, min.
(feet)
40 [2] [6]
APPLICABILITY Side Setback,
min. (feet) 20 [1] [6]
This district will usually be applied where the
following conditions exist:
1. Designated by the adopted Comprehensive
Plan as Rural Residential.
2. Urban services, including water distribution
and sewage collection mains, are not likely within
10-20 years.
Rear Setback,
min. (feet) 20 [1] [6]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in
any required front open space and shall also
conform to all other regulations.
[2] Any corner lot having an abutting interior lot on
its side street shall observe a front yard setback
from both streets provided, however, that this
Floor Area Ratio,
max.
R-CU [4] .058
NR .088 [5]
NR-CU .100 [5]
Required Open
Space Ratio, min.
R-CU NR NR-
CU .84
Required Livability
Space Ratio, min. R-CU .75
9 Same rationale as Footnote 7.
147
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-7
requirement does not reduce the width suitable for
a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed
for one foot increase of the required front and side
setbacks.
[4] R = residential, NR = non-residential, CU =
conditional use
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area
ratio of .141 in the RB, AR, R-1, R-2, R-3, and R-4
zoning districts.
[6] Required setbacks for lots created through the
Flexible Design Subdivision process, as detailed
in Section 7.12 of this Ordinance, may be reduced
by 25% with the preservation of more than 33%
open space for the project. Under no
circumstances shall any required setback be less
than 10 feet. 10
Required
Recreation Space
Ratio, min.
R .028
R-CU .031
Gross Land Area,
min. (square feet) R-CU NR-CU 80,000
Required
Pedestrian/
Landscape Ratio,
min.
NR NR-CU .21
R-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-1 District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 40,000 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet. 11
65. 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.
76. Subdivisions utilizing, following the conventional design process and/or, 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.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
10 Same rationale as Footnote 8.
11 Same rationale as Footnote 5.
148
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-8
R-2
LOW INTENSITY
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Standard Lot
Size –
Conventional
Subdivision
Process
(Section
7.12):
20,000
Lot Size –
Flexible
Development
Subdivision
Process
(Section
7.12):
Proposed
Open
Space
within
subdivision:
Allowable
Minimum
Lot Size
(sq. ft.):
45-49% 20,000
50-59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Standard Lot
Width –
Conventional
Subdivision
Process (Section
7.12):
100
The purpose of the Low Intensity Residential (R-2)
District is to provide locations for low intensity
residential development and supporting
recreational, community service and educational
uses in areas where urban services are available or
are to be provided as part of the development
process.
Flexible
Development
Subdivision
Process – Lot
width (Section
7.12)
70
Front Setback from
ROW, min. (feet) 30 [1] [6]
Corner Side
Setback, min.
(feet)
30 [2] [6]
APPLICABILITY Side Setback, min.
(feet) 15 [1] [6]
This district will usually be applied where the
following conditions exist:
1. Designated by the adopted Comprehensive Plan
as a Transition Area, which can reasonably be
expected to be annexed by a municipality in the
ensuing 10-20 years.
2. Water and sewer lines should exist at site or be
assured of installation as part of the development
process.
3. Vehicular access must consist of direct access to
a street classified as either arterial or collector as
designated by the adopted Comprehensive Plan.
Rear Setback, min.
(feet) 15 [1] [6]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
Floor Area Ratio,
max.
R-CU [4] .076
NR .088 [5]
149
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-9
required front open space and shall also conform to
all other regulations.
[2] Any corner lot having an abutting interior lot on
its side street shall observe a front yard setback
from both streets provided, however, that this
requirement does not reduce the width suitable for a
building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for
one foot increase of the required front and side
setbacks.
[4] R = residential, NR = non-residential, CU =
conditional use.
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area ratio
of .141 in the RB, AR, R-1, R-2, R-3, and R-4
zoning districts.
[6] Required setbacks for lots created through the
Flexible Design Subdivision process, as detailed in
Section 7.12 of this Ordinance, may be reduced by
25% with the preservation of more than 33% open
space for the project. Under no circumstances shall
any required setback be less than 10 feet.
NR-CU .100 [5]
Required Open
Space Ratio, min.
R-CU NR-
CU .82
NR .83
Required Livability
Space Ratio, min. R-CU .70
Required
Recreation Space
Ratio, min.
R .056
R-CU .059
Gross Land Area,
min. (square feet)
R-CU NR-
CU 45,000
Required
Pedestrian/
Landscape Ratio,
min.
NR .208
NR-CU .205
R-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-2 District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 20,000 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet..
65. 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.
76. Subdivisions, utilizing following the conventional design process, and 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.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
150
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-10
R-3
MEDIUM INTENSITY
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Standard Lot
Size –
Conventional
Subdivision
Process
(Section
7.12):
15,000
Lot Size –
Flexible
Development
Subdivision
Process
(Section
7.12):
Proposed
Open
Space
within
subdivision:
Allowable
Minimum
Lot Size
(sq. ft.):
50-59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Standard Lot
Width –
Conventional
Subdivision
Process (Section
7.12):
100
The purpose of the Medium Intensity Residential (R-
3) District is to provide locations for moderate
intensity residential development and supporting
recreational, community service and educational
uses in areas where urban services are available or
are to be provided as part of the development
process.
Flexible
Development
Subdivision
Process – Lot
width (Section
7.12)
70
Front Setback from
ROW, min. (feet) 30 [1] [6]
Corner Side
Setback, min.
(feet)
30 [2] [6]
APPLICABILITY Side Setback, min.
(feet) 15 [1] [6]
This district will usually be applied where the
following conditions exist:
1. Designated by the adopted Comprehensive Plan
as a Transition Area, which can reasonably be
expected to be annexed by a municipality in the
ensuing 10-20 years.
2. Water and sewer lines should exist at site or be
assured of installation as part of the development
process.
3. Vehicular access must consist of direct access to
a street classified as either arterial or collector as
designated by the adopted Comprehensive Plan.
Rear Setback, min.
(feet) 15 [1] [6]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
required front open space and shall also conform to
Floor Area Ratio,
max.
R-CU [4] .100
NR .088 [5]
NR-CU .100 [5]
151
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-11
all other regulations.
[2] Any corner lot having an abutting interior lot on
its side street shall observe a front yard setback
from both streets provided, however, that this
requirement does not reduce the width suitable for a
building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for
one foot increase of the required front and side
setbacks.
[4] R = residential, NR = non-residential, CU =
conditional use.
[5] Permitted non-residential uses existing as of
5/6/98 shall be limited to a maximum floor area ratio
of .141 in the RB, AR, R-1, R-2, R-3, and R-4
zoning districts.
[6] Required setbacks for lots created through the
Flexible Design Subdivision process, as detailed in
Section 7.12 of this Ordinance, may be reduced by
25% with the preservation of more than 33% open
space for the project. Under no circumstances shall
any required setback be less than 10 feet.
Required Open
Space Ratio, min.
R-CU NR-
CU .80
NR .81
Required Livability
Space Ratio, min. R-CU .65
Required
Recreation Space
Ratio, min.
R .074
R-CU .077
Gross Land Area,
min. (square feet)
R-CU NR-
CU 30,000
Required
Pedestrian/
Landscape Ratio,
min.
NR .203
NR-CU .20
R-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-3 District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 15,000 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet. 12
65. 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.
76. Subdivisions utilizing, following the conventional design process and/or, 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.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
12 Staff is recommending the provision be deleted entirely. The district requires a minimum lot area of 15,000
sq.ft. and ‘service’ by sewer. Existing language is inconsistent with the intent of the district and established
minimum lot area.
152
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-12
R-4
MEDIUM INTENSITY
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Standard Lot
Size –
Conventional
Subdivision
Process
(Section
7.12):
10,000
Lot Size
Flexible
Development
Subdivision
Process
(Section
7.12):
Proposed
Open
Space
within
subdivision:
Allowable
Minimum
Lot Size
(sq. ft.):
60% and
over 10,000
PURPOSE Lot Width, min.
(feet) 75
The purpose of the Medium Intensity Residential (R-
4) District is to provide locations for moderate
intensity residential development and supporting
recreational, community service and educational
uses in areas where urban services are available or
are to be provided as part of the development
process.
Front Setback from
ROW, min. (feet) 25 [1]
Corner Side
Setback, min.
(feet)
25 [2]
APPLICABILITY Side Setback, min.
(feet) 10 [1]
This district will usually be applied where the
following conditions exist:
1. Designated by the adopted Comprehensive Plan
as a Transition Area, which can reasonably be
expected to be annexed by a municipality in the
ensuing 10-20 years.
2. Water and sewer lines should exist at site or be
assured of installation as part of the development
process.
3. Vehicular access must consist of direct access to
a street classified as either arterial or collector as
designated by the adopted Comprehensive Plan.
Rear Setback, min.
(feet) 10 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
required front open space and shall also conform to
all other regulations.
[2] Any corner lot having an abutting interior lot on
its side street shall observe a front yard setback
from both streets provided, however, that this
requirement does not reduce the width suitable for a
building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for
one foot increase of the required front and side
setbacks.
[4] R = residential, NR = non-residential, CU =
conditional use.
[5] Permitted non-residential uses existing as of
Floor Area Ratio,
max.
R-CU [4] .141
NR .123[5]
NR-CU .141 [5]
Required Open
Space Ratio, min.
R-CU NR-
CU .78
NR .79
Required Livability
Space Ratio, min. R-CU .54
Required
Recreation Space
Ratio, min.
R .111
R-CU .114
Gross Land Area,
min. (square feet)
R-CU NR-
CU 15,000
Required
Pedestrian/
NR .198
NR-CU .195
153
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-13
5/6/98 shall be limited to a maximum floor area ratio
of .141 in the RB, AR, R-1, R-2, R-3, and R-4
zoning districts.
[6] Required setbacks for lots created through the
Flexible Design Subdivision process, as detailed in
Section 7.12 of this Ordinance, may be reduced by
25% with the preservation of more than 33% open
space for the project. Under no circumstances shall
any required setback be less than 10 feet.
Landscape Ratio,
min.
R-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-4 District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 10,000 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet. 13
65. 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.
76. Subdivisions utilizing, following the conventional design process and/or, 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.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
13 Staff is recommending the provision be deleted entirely. The district requires a minimum lot area of 10,000
sq.ft. and ‘service’ by sewer. Existing language is inconsistent with the intent of the district and established
minimum lot area.
154
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-14
R-5
HIGH INTENSITY RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet) 7,500
PURPOSE Lot Width, min. (feet) 50
The purpose of the High Intensity Residential (R-5) District is to
provide locations for high intensity residential development and
supporting recreational community, service, or educational uses
in areas where the full range urban services are available.
It is further intended that these districts be used to promote
economically mixed housing developments and to contribute to
the provision of a range of housing types for lower income
households.
Front Setback from
ROW, min. (feet) 20 [1]
Corner Side Setback,
min. (feet) 20 [2]
APPLICABILITY Side Setback, min.
(feet) 10 [1]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area which can reasonably be annexed by a
municipality in the ensuing 10-20 years, or within the Chapel Hill
Joint Planning Area located at an Activity Node designated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be assured of
installation as part of the development process.
3. Vehicular access must consist of direct access to a street
certified either arterial or collector as designated by the adopted
Comprehensive Plan.
4. The full range of urban services exist or are proposed at the
time of the development including fire, police, recreation,
education, commercial and cultural activities.
Rear Setback, min.
(feet) 10 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any required
front open space and shall also conform to all other regulations.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width
suitable for a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use.
Floor Area Ratio, max.
R [4]
NR .174
R - CU
NR - CU .200
Required Open Space
Ratio, min.
R NR .77
R-CU NR-
CU .76
Required Livability
Space Ratio, min.
R R-
CU .52
Required Recreation
Space Ratio, min.
R .197
R-CU .200
Gross Land Area, min.
(square feet)
R-CU NR-
CU 10,000
Required Pedestrian/
Landscape Ratio, min.
NR .195
NR-CU .19
R-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-5 District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
155
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Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-15
3. While the Minimum Lot Size may be 7,500 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet
65. 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.
76. Subdivisions utilizing, following the conventional design process and/or, 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.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
156
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-16
R-8
HIGH INTENSITY RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet) 5,000
PURPOSE Lot Width, min. (feet) 50
The purpose of the High Intensity Residential (R-8) District is to
provide locations for high intensity residential development and
supporting recreational community, service, or educational uses
in areas where the full range urban services are available.
It is further intended that these districts be used to promote
economically mixed housing developments and to contribute to
the provision of a range of housing types for lower income
households.
Front Setback from
ROW, min. (feet) 20 [1]
Corner Side Setback,
min. (feet) 20 [2]
APPLICABILITY Side Setback, min.
(feet) 8[1]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area which can reasonably be annexed by a
municipality in the ensuing 10-20 years, or within the Chapel Hill
Joint Planning Area located at an Activity Node designated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be assured of
installation as part of the development process.
3. Vehicular access must consist of direct access to a street
certified either arterial or collector as designated by the adopted
Comprehensive Plan.
4. The full range of urban services exist or are proposed at the
time of the development including fire, police, recreation,
education, commercial and cultural activities.
Rear Setback, min.
(feet) 8 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any required
front open space and shall also conform to all other regulations.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width
suitable for a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use.
Floor Area Ratio, max.
R [4]
NR .246
R - CU
NR - CU .283
Required Open Space
Ratio, min.
R NR .75
R-CU NR-
CU .74
Required Livability
Space Ratio, min.
R .49
R-CU .48
Required Recreation
Space Ratio, min.
R .296
R-CU .299
Gross Land Area, min.
(square feet)
R-CU NR-
CU 7,000
Required Pedestrian/
Landscape Ratio, min.
NR .088
NR-CU .185
R-8 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-8 District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
157
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-17
3. While the Minimum Lot Size may be 5,000 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
65. 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.
76. Subdivisions utilizing, following the conventional design process and/or, 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.
87. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
158
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-18
R-13
HIGH INTENSITY RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet) 3,000
PURPOSE Lot Width, min. (feet) 50
The purpose of the High Intensity Residential (R-13) District is
to provide locations for high intensity residential development
and supporting recreational community, service, or educational
uses in areas where the full range urban services are available.
It is further intended that these districts be used to promote
economically mixed housing developments and to contribute to
the provision of a range of housing types for lower income
households.
Front Setback from
ROW, min. (feet) 20 [1]
Corner Side Setback,
min. (feet) 20 [2]
APPLICABILITY Side Setback, min.
(feet) 8[1]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area which can reasonably be annexed by a
municipality in the ensuing 10-20 years, or within the Chapel Hill
Joint Planning Area located at an Activity Node designated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be assured of
installation as part of the development process.
3. Vehicular access must consist of direct access to a street
certified either arterial or collector as designated by the adopted
Comprehensive Plan.
4. The full range of urban services exist or are proposed at the
time of the development including fire, police, recreation,
education, commercial and cultural activities.
Rear Setback, min.
(feet) 8 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any required
front open space and shall also conform to all other regulations.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width
suitable for a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use.
Floor Area Ratio, max.
R [4] .348
R - CU
NR - CU .400
Required Open Space
Ratio, min.
R R-CU
NR - CU .72
Required Livability
Space Ratio, min.
R .45
R-CU .44
Required Recreation
Space Ratio, min.
R .494
R-CU .497
Gross Land Area, min.
(square feet)
R-CU NR-
CU 5,000
Required Pedestrian/
Landscape Ratio, min. NR-CU .18
R-13 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-13 District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Non-residential uses are permitted only as a Conditional Use (CU) District in the R-13 district.
3. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
159
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-19
and all applicable development standards detailed in Article 6 of this Ordinance.
4. The 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).
5. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
6. 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..
76. 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.
87. Subdivisions utilizing, following the conventional design process and/or, 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.
98. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
160
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-9
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity, subject to the
following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject
to a 12% impervious surface ratio would be limited to 4,800 square feet
of impervious coverage. If the person's plans called for 5,500 square
feet of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are
covenants that run with the land and, be approved in form by the
County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes) and shall remain so unless, with the approval of Orange County,
it is released and terminated.
(d) Orange County shall require the priority of the conservation easement
to be certified by an attorney-at-law, licensed to practice law in the
State of North Carolina and approved to certify title to real property.
161
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-10
(e) Orange County approval of a release or termination of the
conservation agreement shall be declared on the document releasing
or terminating the agreement. The document shall be signed by the
Orange County Manager, upon approval of the Board of County
Commissioners. No such document shall be effective to release or
terminate the conservation agreement until it is filed for registration
with the Register of Deeds of Orange County.
(C) Through the installation of a stormwater feature, consistent with the minimum design
standards as detailed within the State BMP Manual.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infiltration
stormwater feature.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State stormwater manual and shall be
completed by a licensed engineer with expertieseexpertise14 in stormwater
management. Additional allowable impervious surface area shall be based on the
soil composition of the property consistent with State regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP in accordance with
County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the CointyCounty10 and other agencies or
offficialsofficials10 as appropriate. Once approved, the document shall be
recorded in the Orange County Registrar of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved BMP.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s) for the property after the BMP has been approved by
the County.
(7) The property owner, at its cost and expense, shall be required to execute and file
with the County a bond, or other form of acceptable security, to cover the cost of
removal of a BMP, and any additional impervious surface area installed as the
result of its approval, in the event the BMP is failed to be maintained in
accordance with the recorded operations agreement. The amount of the bond
shall be 110% of the estimated cost of removing the feature and impervious
surface area as certified by a licensed professional engineer or surveyor.
14 Correction of typo.
162
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-11
4.2.9 Water Supply / Sewage Disposal Facilities
TABLE 4.2.9: WATER SUPPLY/SEWAGE DISPOSAL FACILITIES 15
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA
UNIV-PW
Water supply and sewage treatment systems shall be limited to individual wells and on-site
septic tanks systems, or individual on-site alternative disposal systems. No off-site system
shall be permitted.
All Other Watershed
Overly Districts
No new treatment system will be permitted where effluent disposal occurs on a separate lot
from the source of wastewater generation; provided, however, off-site systems shall be
permitted in all Watershed Overlay Districts except the University Lake Protected
Watershed (UNIV-PW) and Critical Area (UNIV-CA) when located in a Flexible Development
subdivision approved in accordance with Section 7.13 of this Ordinance.
Off-site individual septic systems associated with a Flexible Development Option
Subdivision as outlined in UDO Section 7.12 must be contained within Common Open
Space and approved by Orange County Environmental Health Department.16
UNIV-CA
New septic tanks and their nitrification fields shall be located outside of any stream buffers,
or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS
Quadrangle maps, whichever is further
CANE-CA
U-ENO-CA
New septic tanks, pump tanks and their appurtenances shall be located outside of any
stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the
USGS Quadrangle maps, and at least 150 feet from a reservoir.
New nitrification fields shall be located outside of any stream buffers and at least 100 feet
from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at
least 300 feet from a reservoir.
CANE-PW
CANE-CA
U-ENO-CA
Water supply and sewage treatment systems shall be limited to individual wells and septic
tanks or individual on-site alternative disposal systems; provided however, off-site systems
shall be permitted when located in a Flexible Development subdivision approved in
accordance with Section 7.13 of this Ordinance.
UNIV-PW
CANE-PW
U-ENO-PW
HYCO-PW
LITTLE-PW
BACK-PW
HAW-PW
JORDAN-PW
L-ENO-PW
FLAT-PW
New septic tanks and their nitrification fields shall be located outside of any stream buffers
and at least 100 feet from a perennial or intermittent stream as shown on the USGS
Quadrangle maps.
15 There will need to be a comprehensive re‐assessment of these provisions in light of new septic/well
development standards initiated by the State. For the time being staff is recommending basic modification to
ensure clarity as well as the promotion of the new Flexible Development options as detailed in this amendment
package.
16 In consultation with both the County Attorney’s office and Environmental Health it was decided existing
language is no longer applicable given recent changes in State law. Existing language could also have been
interpreted as pre‐empting Environmental Health’s permit authority, which it cannot do.
163
Article 4: Overlay Zoning Districts
Section 4.8: Stoney Creek Basin
Orange County, North Carolina – Unified Development Ordinance Page 4-19
area’s remaining rural character and is proposed to have the lowest average
development densities in the future. The current character of the area is residential
development on relatively large lots, with a considerable number consisting of large
undeveloped tracts (both open and forested), and active farm land. The Lower Intensity
area lies mostly in the central and southern part of the study area. A portion also extends
north to I-85 in the undeveloped area east of Strayhorn Hills. It contains 2502 acres, 725
of which are contained in Duke Forest or the Stoney Creek wildlife corridor.
(B) Intermediate Intensity Development Area
The Intermediate Intensity Development Area includes land designated as intermediate
intensity area in the Stoney Creek Basin Small Area Plan. The Intermediate Intensity
area is intended to provide a transition between higher and lower intensity areas. It is
envisioned as being predominantly residential with density being determined in large part
by the character of existing development. The Intermediate Intensity area contains 1205
acres, and includes the existing residential developments of Strayhorn Hills and
Wyngate, areas bordering University Station Road along the eastern side of the Plan
area, and area west of NC 86 adjacent to the I-40/Old NC 86 Economic Development
District.
(C) Higher Intensity Development Area
The Higher Intensity Development Area includes land designated as higher intensity area
in the Stoney Creek Basin Small Area Plan and is generally synonymous with areas
designated in the Land Use Element of the Comprehensive Plan as Ten- or Twenty-Year
Transition Area. In the future, land within the Higher Intensity area will likely be annexed
into the municipalities of Hillsborough or Durham. A mix of land uses is possible. The
Higher Intensity area contains 699 acres, most of which lies in the western and
northwestern parts of the Stoney Creek Basin Plan Area, with one smaller portion
situated on the eastern tip of the area adjacent to the I-85/US 70 Economic Development
District.
4.8.4 Applicable Regulations Pertaining to Flexible Developments
Flexible Development regulations contained in Section 7.13 12 shall apply within the Stoney
Creek Basin Overlay District, except as indicated in the Table below:
TABLE 4.6.4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.13 12 APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
Calculation of Open Space
Active recreation area
may not be included in
open space
calculations
50% of active recreation area may be included in open
space calculations, per Section 7.12.47.13.3 of this
Ordinance
Number of
Bonus
Units (1)
33.1-50.0%
Open Space One additional dwelling unit per two acres of open space above 33%
50+%
Open Space
One additional dwelling unit per two acres of open space between 33% and 50%, plus
one additional dwelling unit per acre of open space above 50%
Location of Bonus Units
Bonus units may not
be located in the
Lower Intensity
Development Areas,
but may be located in
a flexible development
in the Intermediate
Intensity or Higher
Intensity Development
Areas.
Bonus units may be located in
a flexible development in the
Intermediate Intensity or
Higher Intensity Development
Areas.
Bonus units may only be
located in a flexible
development in the Higher
Intensity Development
Area.
164
Article 4: Overlay Zoning Districts
Section 4.8: Stoney Creek Basin
Orange County, North Carolina – Unified Development Ordinance Page 4-20
TABLE 4.6.4: VARIATIONS FROM FLEXIBLE DEVELOPMENT PROVISIONS OF SECTION 7.13 12 APPLICABLE IN
STONEY CREEK BASIN OVERLAY DISTRICT
DEVELOPMENT AREA
STANDARD LOWER INTENSITY INTERMEDIATE INTENSITY HIGHER INTENSITY
Village Option Village option not
permitted.
Village option permitted, but Village Proper limited to 50
acres.
(1) Bonus units do not apply to Minor Subdivisions utilizing the Flexible Development – Conservation Cluster design Option.
165
Orange County, North Carolina – Unified Development Ordinance Page 7-1
ARTICLE 7: SUBDIVISIONS
SECTION 7.1: GENERAL PROVISIONS
7.1.1 Purpose
(A) The purpose of this Article is to guide and regulate the subdivision of land within Orange
County, for sale or building development, in order to:
(1) Ensure the public health, safety, and welfare;
(2) Provide for the sound use of land;
(3) Ensure adequate planning of street systems;
(4) Avoid overcrowding of land;
(5) Prevent fire, panic, and other dangers;
(6) Ensure that water and sewage systems are safe and adequate;
(7) Prevent flood damage;
(8) Facilitate an orderly use of land;
(9) Ensure the proper legal description and monumenting of subdivided land; and
(10) Encourage the proper management of Orange County's natural resources.
(B) It is the expressed purpose of this Article to provide for, in addition to the above, the
protection of water resources in Orange County, through the use, alone or in
combination, of buffer zones, varying lot sizes, slope restrictions, vegetation, or other
equally effective techniques. Innovative techniques on the part of the developer are
encouraged where these techniques can be shown to be as effective as the specific
requirements of the Article.
7.1.2 Jurisdiction and Applicability
(A) In accordance with the North Carolina General Statutes, no person may subdivide their
land within the planning jurisdiction of Orange County except in accordance with the
provisions of this Ordinance.
(B) No subdivision shall be recognized by the Planning Department until a final plat of the
subdivision has been approved and signed by the Planning Director and recorded in the
Orange County Register of Deeds Office, including the recordation of any additional
documentation required by this Ordinance.
(C) As provided in North Carolina General Statutes, the Orange County Review Officer shall
not certify a plat of any subdivision within the County’s subdivision jurisdiction unless the
plat has been approved in accordance with the provisions of this Ordinance.
7.1.3 Compliance with Plans and Other Applicable Regulations
All subdivisions shall comply with applicable general provisions, standards, and policies outlined
within this Ordinance and the Orange County Comprehensive Plan, as well as with any special
planning studies, small area plans, corridor plans, or special planning studies approved or
adopted by the Board of County Commissioners.
SECTION 7.2: CLASSIFICATION OF SUBDIVISIONS
Subdivisions shall be classified as Exempt, Minor, or Major, in accordance with the provisions of this
Section. Review procedures for all subdivisions are contained in Article 2.
166
Article 7: Subdivisions
Section 7.2: Classification of Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 7-2
7.2.1 Exempt Subdivisions
(A) In accordance with North Carolina General Statutes, the following activities do not
constitute a subdivision and are expressly exempt from established review and approval
processes, provided that the property’s exempt status is confirmed in accordance with
the procedures detailed in Article 2:
(1) The combination or recombination of portions of previously subdivided and
recorded lots if the total number of lots is not increased and the resultant lots are
equal to or exceed the standards of the County, including private road
justification standards, as detailed within this Ordinance.
(2) The division of land into parcels greater than ten acres if no street right-of-way
dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets.
(4) The division of a tract in single ownership of the entire area of which is no greater
than two acres into not more than three lots, if no street right-of-way dedication is
involved and if the resultant lots are equal to or exceed the standards of the
County as detailed within this Ordinance.
(B) Exempt subdivision shall be required to meet all applicable requirements for the granting
of zoning and building permits.
7.2.2 Minor Subdivisions
A subdivision shall be classified as “minor” if it does not:
(A) Create more than:
(1) fFive lots, including the residual acreage, following the Conventional subdivision
design model; or
(1)(2) Twlelve lots, including the residual acreage, following the Flexible Development
subdivision design model from any one tract of land in any ten year period. 17
(B) Dedicate or improve any new public street other than widening an existing public street;
(C) Extend public water and/or sanitary sewerage systems other than laterals to serve
individual lots; and
(D) Necessitate the installation of drainage improvements which would require easements
through one or more lots to serve other lots.
7.2.3 Major Subdivisions
(A) A major subdivision is any subdivision that is not an Exempt or Minor subdivision, as
classified in subsections 7.2.1 and 7.2.2. Major subdivisions are further classified as
follows:
(1) Major Subdivision, Standard
All subdivisions not classified as an Exempt Subdivision; Minor Subdivision;
Major Subdivision, Class A Special Use; or Major Subdivision, Conditional Use.
(2) Major Subdivision, Class A Special Use, Rural Designated
17 As proposed by staff there will be different thresholds for what constitutes a minor subdivision based on the
design process followed by the subdivider. In this case we want to promote/encourage the use of the Flexible
Development design process and will allow more lots to be created through that process.
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A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 21-40 lots.
(3) Major Subdivision, Class A Special Use, Urban Designated
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 21-79 lots.
(4) Major Subdivision, Conditional Use, Rural Designated
A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 41 or more lots.
(5) Major Subdivision, Conditional Use, Urban Designated
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 80 or more lots.
(B) For the purpose of determining whether a subdivision is a Major Subdivision, Class A
Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Conditional
Use District (Rural Designated or Urban Designated), the number of lots created shall be
determined by counting the cumulative number of lots created, through subdivisions, on a
tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land
Records of Orange County as of November 5, 2003.
SECTION 7.3: PHASING OF MAJOR SUBDIVISIONS
A major subdivision may be developed in phases, provided that:
(A) Each phase contains at least five lots, unless depicted on a phasing plan approved by the
Board of County Commissioners as part of the preliminary subdivision plat with the
express determination that the proposed phasing makes it unlikely that a subdivider
would willingly abandon a final phase that contains a required extension of a road or
other infrastructure;
(B) The degree and extent of road, water supply, sewage disposal, stormwater management,
erosion and sedimentation control, and other required improvements in the phase and
previously approved phases is sufficient to serve or handle all development within the
phase;
(C) The number of lots and amount of 100% of required open space in the phase and any
previously approved phases is proportionalshall be dedicated with the recordation of the
first lot; and
(C)(D) A phasing plan showing the phases of development and the requirements of this
Ordinance that will be satisfied in each phase is approved by the Board of County
Commissioners as part of the preliminary plat.
A minor subdivision utilizing the Flexible Development Option may be developed in phases, provided that:
(A) The degree and extent of road, water supply, sewage disposal, stormwater management,
erosion and sedimentation control, and other required improvements in the phase and
previously approved phases is sufficient to serve or handle all development within the
phase;
(B) 100% of required open space shall be dedicated with the recordation of the first lot; and
(D)(C) A phasing plan showing the phases of development and the requirements of this
Ordinance that will be satisfied in each phase is approved by the Planning Director as
part of the final plat.
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SECTION 7.4: IMPROVEMENTS AND PERFORMANCE GUARANTEES
7.4.1 Generally
(A) Improvements proposed by the subdivider or required by this Ordinance, shall be
constructed in accordance with the standards and requirements provided in this
Ordinance.
(B) In those instances where said improvements are required to be constructed subsequent
to the approval of the Final Plat, plans and specifications for said improvements shall be
approved by the appropriate agency and reference to said improvements shall be made
part of the Final Plat.
7.4.2 Improvements Required
(A) Subdividers are responsible for the construction, installation, and maintenance of
required improvements in accordance with the standards in this Ordinance in addition to
any applicable federal, state, or county standards to include, but not be limited to, the
following:
(1) All roads within the subdivision and improvements to existing roads required for
safe and adequate access to the subdivision;
(2) Road signs;
(3) Water supply and wastewater systems, other than individual wells and septic
tanks;
(4) Drainage facilities and easements;
(5) Stormwater management devices;
(6) Erosion and sedimentation control devices;
(7) Low-impact (passive) and active recreation amenities;
(8) Fire suppression management facilities;
(9) Common Open sSpace, Rrecreation or Llandscape management improvements,
areas, and facilities; and18
(10) Any other on- or off-site improvements required by this Ordinance or required at
the time of preliminary plat approval.
(B) If the subdivider records a plat for only a portion of the subdivision for which a preliminary
plat was approved, the improvements required to be constructed, installed, and
maintained in accordance with said recorded plat shall be those improvements that the
Planning Director deems necessary to serve the lots shown on the recorded plat.
7.4.3 Completion of Improvements
(A) The Planning Director shall not approve a final plat presented for recordation until:
(1) All required improvements have been completed; or
(2) Applicable performance guarantee bonds has been evidenced in accordance
with the provisions detailed herein.
(B) An improvement shall be deemed completed only after the appropriate public agency has
certified that the improvement(s) has been installed in accordance with the approved
preliminary plat, the approved construction plan, and in accordance with applicable
federal, state, and county regulations.
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(C) In lieu of certification from a public agency, the Planning Director is authorized to accept
certification from the applicant’s licensed professional engineer or licensed professional
surveyor or other professional as authorized by the North Carolina General Statutes that
the improvements have been installed in accordance with all applicable standards.
7.4.4 Performance Guarantees
(A) Performance guarantees shall be required for the purpose of ensuring that
subdividers/19developers properly install all required subdivision improvements in a timely
manner, in accordance with approved plats and construction plans.
(B) The term of a performance guarantee shall not exceed two years. The Planning Director
may, for good cause and with the approval of the provider of the guarantee, grant
extensions of the term, with each such extension not to exceed one year.
(C) Performance guarantees must be in the form of a performance bond, irrevocable letter of
credit, or cash escrow account. The form of guarantee shall be determined by the
subdivider/developer.
(D) The performance guarantee shall be conditioned upon the performance of all work
necessary to complete the required subdivision improvements within the time period
specified at the time of preliminary plat or construction plan approval.
(E) The amount of the performance guarantee shall equal at least 125% of the estimated
cost, including project management costs, of the required improvements that have not
been installed by the time of final plat submittal.
(F) The estimated cost of required improvements, including project management costs, must
be itemized by improvement type and certified by the subdivider/developer’s licensed
professional engineer. In the case of minor subdivisions, the subdivider’s licensed
professional engineer or licensed professional surveyor may provide the itemized cost
estimate. Cost estimates shall be based on industry norms within Orange County.
(G) If a subdivider/developer fails to properly install required improvements within the term of
the guarantee, the guarantee will be deemed in default. In the case of default, the County
is authorized to use the guarantee funds to complete the required subdivision
improvements or to let a contract for installation of the required improvements.
(H) Once the conditions of the performance guarantee have been completed to the
satisfaction of the appropriate agencies and any required maintenance guarantee has
been provided in accordance with the provisions of this Ordinance, the guarantee shall
be released.
(I) All improvements shall be completed in accordance with the conditions associated with
the approved plat(s) and the applicable standards contained in this Article. No financial
guarantee may be released until all required certifications of completion have been
provided.
(J) Once all of the required improvements have been at least 50% certified, the financial
guarantee may be reduced by the ratio that the completed improvements bear to the total
improvements required. However, only one such reduction shall be permitted prior to
releasing the entire performance guarantee.
7.4.5 Maintenance of Required Improvements
Improvements installed as a requirement of subdivision approval shall be maintained by the
subdivider/developer until they are accepted for maintenance by NCDOT, a utility provider, the
individual homeowner, or a Home Owners’ or Property Owners’ association.:
19 Staff is attempting to standardize terminology. We use the term ‘subdividers’ and ‘developers’ interchangeably
but they can actually mean vastly different things. We are eliminating the use of the term ‘developer’ in Article 7
and relying solely on ‘subdivider’.
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(A) For a public road, the North Carolina Department of Transportation;
(B) For utilities, the utility provider;
(C) For landscaping, the individual homeowners or a property owners’ association; For a
private road and other community facilities such as recreation and stormwater
management improvements, the individual homeowners or a property owners’
association or similar legal entity
7.4.6 Property Owners’ Association
(A) Where a neighborhood, Pproperty Oowners’, or Hhomeowners’’s association
Association, or similar legal entity is to be responsible for the maintenance and control of
any improvements required as part of subdivision approval, the subdivider shall file, with
the Planning Department and record with the final plat, a declaration of covenants and
restrictions, articles of incorporation, where required, and/or by-laws as approved by the
County Attorney that will govern the maintenance and control of such improvements.
Provisions shall include but not be limited to the following:
(1) The association shall be established before any homes are sold and/or any
building occupied;
(2) Membership shall be mandatory for each home buyer and all successive buyers;
(3) The association shall be responsible for liability insurance, local taxes and
maintenance of recreation, Common Open Space areas, and other facilities,
including streets and utility lines;
(4) The homeowners must pay their pro- rated share of the costs, and any sums
levied by the association that remain unpaid shall become a lien on the individual
homeowner's property which shall be subordinate only to tax and mortgage liens;
(5) If all or any portion of the property held by the association is being disposed of, or
if the association is dissolved, adequate recreation space shall be deeded to
Orange County or the appropriate unit of local government to satisfy the public
recreation space required by this Ordinance;
(6) The lot owner of each dwelling unit or lot shall have voting rights in the
association; and
(7) The homeowners association shall be able to adjust any assessments to meet
changed needs.
(B) When articles of incorporation are required, they shall be submitted in the form in which
they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the
articles of incorporation shall be provided to the Planning Department.
7.4.7 Assumption of Maintenance Responsibilities by Property Owner’s Association
In those instances where a property owner’s association, as detailed within subsection 7.4.6, is to
assume maintenance responsibility for improvements within the subdivision, the following process
shall be adhered to:
(A) The subdivider/developer shall be required to submit to the Planning Department, in
writing, notification that he or she intends to transfer maintenance responsibilities to an
established property owner’s association.
(B) The subdivider/developer shall coordinate and schedule a joint meeting with Planning
Department staff and property owner’s association members and officers to review the
status of all required improvements and outline the association’s perpetual maintenance
responsibility. The meeting shall take place at the Planning Department’s office during
normal business hours.
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(C) The subdivider/developer shall prepare a document, to be approved in both form and
content by the Planning Department and County Attorney, outlining the current
conforming status of all required improvements and providing documentation that the
improvements have recently been inspected and certified as being compliant with federal,
state, and local regulations.
(D) Officers of the property owner’s association shall review and sign the said document
confirming the association’s obligation in the perpetual maintenance of all improvements
and facilities for which responsibility is being assumed.
(E) Said document shall, upon execution, be recorded with the Orange County Register of
Deeds, at the expense of the subdivider/developer, as formal recognition that
maintenance responsibilities have been assumed by the property owner’s association.
(F) The Planning Department shall not release the subdivider/developer of maintenance
responsibilities, or authorize the release of performance guarantees, until this process is
completed.
7.4.8 Maintenance Guarantees – Public Roads
(A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are
to be dedicated to the public are properly maintained, free from defects, between the time
of construction and the time of formal acceptance for maintenance by the North Carolina
Department of Transportation.
(B) A maintenance guarantee shall be in place before any required performance guarantee is
released or before any building permits are issued for subdivisions containing public road
improvements.
(C) Maintenance guarantees for public road facilities shall stipulate that the
subdivider/developer will maintain all required public road improvements, drainage
improvements, and sedimentation and erosion control improvements to the standards of
this Ordinance until the public road improvements are added to the state-maintained road
system. The guarantee shall also state that the subdivider/developer will be responsible
for correcting any defects that may arise during the maintenance period and shall remove
temporary sedimentation and erosion control measures.
(D) Maintenance guarantees shall be in the form of a performance bond, irrevocable letter of
credit, or cash escrow account and shall conform to the following:
(1) The amount of the guarantee shall be at least 15% of the total cost of
constructing the public road improvements (excluding the costs of clearing and
rough grading).
(2) The estimated cost of the required improvements must be itemized and certified
by the applicant’s licensed professional engineer or licensed professional
surveyor, if the surveyor was the original preparer of the plans for the
subdivision.
(3) In the case of minor subdivisions, the subdivider’s licensed professional engineer
or licensed professional surveyor may provide the itemized cost estimate.
(4) Cost estimates must be based on industry norms within Orange County.
(5) The Planning Director or Planning Board may require a higher guarantee amount
when deemed necessary to address higher potential correction costs due to the
subdivision’s size and site characteristics, but in no event may the amount
exceed 25% of estimated construction costs.
(E) The guarantee shall have a term of two years and shall provide an option for annual
renewal if the subdivider/developer has:
(1) Arranged for County inspection of the improvements,
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(2) Submitted to the County an acceptable estimate of the costs necessary to correct
any deterioration or defects discovered by the inspection, and
(3) Increased the amount of the security by the amount of said estimate.
(F) The subdivider/developer shall pay a fee in accordance with the Fee Schedule adopted
by the Board of County Commissioners at the time of the initial posting of the guarantee
and for each subsequent renewal or extension to cover the County’s administrative costs.
SECTION 7.5: SUBDIVISION AGREEMENTS
(A) The subdivider of all minor and major subdivisions shall record a subdivision agreement
outlining the limitations associated with the development of created lots at the Orange
County Register of Deeds at the same time the Final Plat is recorded.
(B) The purpose of the subdivision agreement is to provide detail on various development
limitations that will regulate the overall development of property consistent with the
approval of the subdivision.
(C) This subdivision agreement shall, at a minimum, outline the following development
criteria for property within the subdivision:
(1) Required development setbacks for lots within the project.,
(2) Impervious surface limits for the lots within the development.,
(3) The presence of identified environmental features (i.e. stream buffers, flood plain,
wetlands, etc) and an explanation on how development of the lot(s) is impacted.,
(4) The presence of identified cultural features listed by the North Carolina Heritage
Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County" or "Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina".",
(5) Identification of soil and septic limitations, if any, for each lot.,
(6) Access restrictions for the project and individual lots.,
(7) Limitations on land uses.,
(8) Maintenance requirements for all roadways as well as references to the project’s
road maintenance agreement, if required., and
(8)(9) Maintenance requirements for all Common Open Space areas.
SECTION 7.6: GENERAL DESIGN STANDARDS
The avoidance of congestion and overcrowding and the creation of conditions essential to public health,
safety and the general welfare may be best accomplished through the application of design standards
providing for the distribution of population and traffic, safe and coordinated street systems, approved
water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as
recommended by the Planning Board and adopted by the Board of Commissioners. The following
general requirements and principles of land subdivision shall be observed:
7.6.1 Minimum Lot Size
(A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and
shall comply with all applicable development standards.
(B) Any lot which provides an easement for individual septic disposal for use by a separate
lot shall contain an additional 20,000 square feet to accommodate the septic easement.
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(B) Any lot which provides an easement for individual septic disposal for a separate lot shall
be adequately sized, designed and approved by Orange County Environmental Health. 20
7.6.2 Residential Density
The allowable density on a given parcel of property proposed for subdivision shall comply with the
residential maximum density requirements in Section 4.2.4.
7.6.3 Land Suitability
(A) In reviewing subdivision proposals, the Planning Department and Planning Board shall
consider the overall design of the subdivision with the suitability of the land for
development to insure that the platting and development of the subdivision will not create
a danger to the health, safety, and welfare of Orange County residents.
(B) Land suitability shall be determined by an investigation of conditions including but not
limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites,
maximum anticipated levels of land disturbance for the project and all proposed individual
lots, and unique natural areas. The investigations shall be carried out by the Planning
Board, the Planning Department, or other agencies or individuals having the appropriate
technical expertise.
(C) Special Flood Hazard Areas shall be considered during the review process.
(D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according
to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal
Systems, incorporated herein by reference.
(1) Each lot that does not contain a suitable building site shall be designated on the
plat as being of restricted development potential and by instrument recorded in
the Orange County registry as specifically prescribed by Section 7.14.3(E)(1) of
this Ordinance.
(E) Drainage
(1) Soil suitability, including slope and drainage, shall also be evaluated according to
soil characteristics indicated by the Orange County Soil Survey and topography
indicated by the U.S. Geological Topographic Maps.
(2) Each lot shall contain a suitable building area safe from inundation and erosion.
(3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and
adjacent properties shall be protected from inundation by surface water.
(4) Roads, driveways and utilities shall be protected from damage caused by
improper stormwater management.
(5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other
technical means may be used to achieve these drainage objectives. Natural
drainageways are a preferred means of stormwater run-off removal. The
characteristics (including capacity) of natural drainageways shall be protected.
(6) Runoff levels from the 25-year storm after the site is developed shall not be
greater than the rate of runoff on the same site in its natural state.
(7) In cases where anticipated land disturbance for the subdivision and the proposed
lots will cumulatively exceed established thresholds denoted within Section
6.14.5 of this Ordinance, a formal stomnwater stormwater 21management plan
shall be required as part of the application submittal.
(F) Resource Protection
20 Standards are covered under new State guidelines as enforced by Environmental Health.
21 Correction of grammatical error.
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(1) Applications for subdivision shall be evaluated by the Planning Department and
Planning Board for potential impairment of habitat of rare and endangered
species or unique natural areas.
(2) A strategy shall be developed to protect resources listed by the North Carolina
Heritage Program, or identified in "An Inventory of Sites of Cultural, Historic,
Recreational, Biological, and Geological Significance in the Unincorporated
Portions of Orange County" or "Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina".
(a) The strategy shall provide protection of identified natural and cultural
resources from impacts which could result from development of the
subdivision, and shall include one or more of the following:
(i) Dedication of conservation easements,
(ii) Restrictive covenants prohibiting clearing or disturbance of the
resource areas,
(iii) Dedication of resource areas to Orange County,
(iv) Clustering of lots to minimize land disturbance, and promote
Common Open Space and preserve other environmentally
sensitive areas, and preserve the special features of the
property,
(v) Other restrictions or development options which provide an
adequate level of protection.
(3) The Planning Department shall review available documentation of the particular
site and determine if the proposed strategy adequately protects the identified
resources.
(4) Maps, studies, and reports which are relevant to this section shall be maintained
by the Planning Department.
SECTION 7.7: LOTS
7.7.1 Generally
All lots shall conform to all of the requirements of this Ordinance for the zoning district and any
overlay district in which they are located.
7.7.2 Shape and Orientation
(A) The shape and orientation of lots shall be appropriate to the location of the subdivision
and the development intended.
(B) Interior lot lines extending from a street should be approximately perpendicular or radial
to the street right of way line.
(C) Lot lines shall be located to permit efficient installation and maintenance of utility lines on
utility easements, to maximize buildable area, and, where applicable, to provide a
suitable area for septic systems.
(D) Commercial and industrial lots shall be of sufficient size to include off street service
facilities, and off street parking of all vehicles used by all patrons and employees.
7.7.3 Relationship to Street
(A) Each lot shall abut a publicly dedicated street except in subdivision approved with private
roads. In the latter situation, each lot must abut a private road or a state maintained road
which is shown on the approved plat and constructed pursuant to the standards set by
Orange County.
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(B) Upon recommendation of the Planning Board and approval of the County
Commissioners, the construction of the access road may be postponed until building or
market development is undertaken.
(1) In this case the lots shall be designated on the plat: "This lot may not be sold,
nor a building permit issued, until the access road has been built as specified for
this subdivision."
(C) Except where reverse frontage is desirable, double frontage lots should be avoided.
7.7.4 Flag Lots
(A) Intent
Orange County discourages and restricts forming flag lots. A flag lot shall be permitted if
necessary to allow a property owner reasonable use and benefit from his/her land or to
alleviate situations which would otherwise cause extreme hardship for him/her.
(B) Lot Standards
Flag lots are allowed only:
(1) Where necessary to eliminate access onto arterials (See Fig. 7.7.4.B, Diagram
1);
(2) To reasonably utilize irregularly shaped land (See Fig. 7.7.4.B, Diagram 2);
(3) To reasonably utilize land with difficult topography (See Fig. 7.7.4.B, Diagram 3);
and
(4) To reasonably utilize land with limited sites suitable for septic tank nitrification
fields (See Fig. 7.7.4.B, Diagram 4);
Figure 7.7.4.B: Flag Lots
(5) Where it is unlikely that a road created in lieu of a flag lot would ever be
extended, or otherwise needed to provide access to adjoining parcels; or,
(6) To provide for the protection of significant natural or cultural resources, and.
(7) To provide access and/or street frontage for Common Open Space areas.
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(C) No flag lot shall be permitted if it increases the number of access points onto an arterial
or collector street.
(D) The length of a flag lot between the street onto which it has access and the point where a
lot dimension parallels the street shall be based on the size of the proposed regular lot.
The following table indicates the allowed length of the flag portion of the lot based on the
required minimum width of the regular lot (see example graphic).
TABLE 7.7.4.D: LOT SIZE REQUIREMENTS
SIZE OF REGULAR LOT REQUIRED MINIMUM WIDTH OF
REGULAR LOT
LENGTH OF FLAG STAFF
ALLOWED
40,000 sq. ft. to 1 acre 130 feet 308 to 336 feet
1+ acres to 2 acres 130 feet 337 to 671 feet
2+ acres 130 feet 672 to 700 feet [1]
[1] Maximum length allowed
Figure 7.7.4.D: Flag Lot Measurement Standards
(E) The maximum length allowed on any flag lot is 700 feet.
(1) The lot width and street frontage of a flag lot may be reduced to 35 feet.
(2) The Planning Director may approve further reductions to a minimum of 20 feet
where topographical conditions permit the construction of an adequate driveway
within that width.
(3) The Planning Director may also require greater widths where necessary to insure
adequate access.
(F) All flag lots created after October 3, 1988 shall be composed of contiguous land area,
and that area shall not be divided by street right of way or other lots. A private road
easement may divide a new lot only if all of the following criteria are met:
(1) The land underlying the easement in the same ownership as the remainder of the
lot; and
(2) The proposed easement contains an existing road or driveway which is to be
used for access to new lots; OR the proposed easement if located along a
property line will have an irregular shape; and
(3) The minimum lot area requirement can be met on one side of the road easement
but not both sides.
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(G) Those lots with land area divided by a public road right-of-way prior to October 3, 1988
shall not be further subdivided in a manner which creates any additional lots with divided
area.
(G)(H) The regulations of section 7.7.4 do not apply to flag lots which contain Common Open
Space. For the purpose of these standards, properties created as shall not be
considered flag lots22
SECTION 7.8: ACCESS AND ROADWAYS
7.8.1 Streets and Common Open Space – General Standards
(A) Consistency with Comprehensive Plan
(1) The provision of street rights-of-way shall conform to and meet the requirements
of the Orange County Comprehensive Plan.
(2) Reservation for or dedication of street rights-of-way for future transportation
facilities proposed in the adopted Comprehensive Plan shall be required where
appropriate.
(3) A subdivider shall not be required to provide or dedicate right-of-way for a
proposed street to which access would be prohibited by any governmental
agency.
(B) Compliance with Approved Access Management Plans and Studies
(1) Subdivision of land abutting a roadway for which the Board of County
Commissioners has approved recommendations from a plan or corridor study is
subject to provisions of the approved corridor plan or study.
(a) In such cases, the subdivider/landowner shall provide any
improvements or other means to ensure construction recommended in
such plan or corridor study. Such improvements may include facilities
for bicycles, sidewalks, and public transportation.
(b) The subdivider, in cases where the recommendations address access
management, shall use design elements recommended in the plan or
corridor study to reduce conflict points.
(2) Policies prescribed in Phase V of the Access Management Awareness Project
and Report, or other adopted studies of strategies, shall be considered during
subdivision and site plan review to assess access management and other
corridor design considerations.
(C) Coordinated Street System
(1) All subdivisions shall have a coordinated street system with public or private
streets that access a public municipal street or a public State maintained street in
accordance with the following:
(a) Public street rights-of-way shall abut adjacent properties as necessary
to provide connectivity to the countywide transportation network; and
(b) Lot access to streets serving the subdivision shall be limited in the
case of streets that provide a link between two or more roads
designated in the Comprehensive Plan as arterials or collectors.
22 Technically an open space lot is not intended for development and does not face the same road and utility
access issues as a parcel intended for development purposes. There is no need for the same standard to be
observed.
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(c) All subdivisions shall have at least one street that intersects with or
joins a public municipal street, or a public State maintained street.23
(D) Coordinated Common Open Space System(s)
(c) All subdivisions with Common Open Space shall have a coordinated
relationship between streets, Primary/Secondary and Active/Passive
areas within the subdivision, and, where logical and appropriate, shall
connect and have access to adjacent Open Space and Conservation
areas.
All subdivisions with Common Open Space shall be encouraged to
connect with existing and planned streets, public trails, sidewalks, and
greenways.
7.8.2 Public Streets – Where Required
Public streets are generally required in all subdivisions and shall be required where it is found
that:
(A) The subdivision streets would be accepted by the State for maintenance if:
(1) They are built in a manner which satisfies the minimum State design and
construction criteria for subdivision streets; and
(2) They would satisfy other requirements for addition to the State maintenance
system, including, but not limited to, the general density standard of at least two
occupied residences for each one-tenth of a mile of subdivision street.
If, upon review of a subdivision plat, it is determined that the general density standard is
met, but a design standard is not, a re-design will be required where possible. For
example, if the number of lots proposed along a subdivision street would clearly satisfy
the density standard, but the street design was such that the centerline radius did not
meet the minimum standard of 230 feet for level land, a new street design would be
required. Another example is a situation where a landscaped island or entrance median
prevents acceptance of the street for maintenance.
The State’s criteria and standards are identified in the following publications: Subdivision
Roads - Minimum Construction Standards and Traditional Neighborhood Development
(TND) Guidelines, prepared by and available from the N.C. Department of
Transportation; or
(B) The subdivision streets extend existing streets which are public; or
(C) The subdivision streets are part of a development which is located in an area designated
as Urban or Transition by the Orange County Comprehensive Plan; or
(D) A proposed street is designated as an arterial or collector on an approved Thoroughfare
Plan for a municipality or in the Orange County Comprehensive Plan; or
(E) The subdivision streets are part of a non-residential development consisting of office,
retail, industrial, and similar businesses, each located on a separate lot. This provision
shall only apply to that portion of a subdivision being developed for non- residential
purposes.
7.8.3 Public Streets - Construction Standards
Public dedicated streets must meet the minimum construction standards as adopted by the N.C.
Department of Transportation for acceptance of streets as additions to the State Highway
System.
23 Staff is still reviewing the need to add language mandating appropriate street connections/stub‐outs within
developments. Currently it is the policy to require same. This issue will be addressed in a future amendment
package.
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7.8.4 Private Roads – When Permitted
(A) A private road in a Conventional Subdivision Option Conventional Subdivision
Optionshall be deemed justified for a minor residential subdivision resulting in no more
than three lots provided:
(1) No new lots have been created from the parent tract, through subdivision or other
manner exempted from subdivision regulations, since the more recent:
(a) Date of adoption of this provision (September 18, 2001); or
(b) Ten years from the date of recordation of the parent tract if the lot
being subdivided was created using the three-lot private road
justification provision.
The parent tract, for the purpose of this provision, is the lot or tract of land that is
being subdivided.
(2) All resulting lots meet the minimum lot area per dwelling unit and maximum
density requirements for the zoning district, including any overlay district, in
which the subdivision is located.
(B) A minor residential subdivision of three or fewer lots shall be encouraged to provide a
private access easement for one adjacent lot to access the private road in order to
reduce the number of access points on a public road.
(C) Minor Subdivisions utilizing the Flexible Development – Conservation Cluster subdivision
oOption shall comply with Common Open Space requirements as detailed in Section
7.12 in lieu of the private road justification requirements and standards listed in this
subsection, 7.8.4.24
(D) For all other subdivisions the Planning Board and the Board of County Commissioners (in
the case of major subdivisions) and Planning staff (in the case of minor subdivisions)
shall consider the design features in this subsection (87.8.4)25 when determining whether
to permit private roads.
(E) There is no right to a private road in any subdivision containing more than three lots.
(B)(F) At a minimum, a private road may be justified if the subdivision meets standards of (1)
below and at least two other design features (2 through 7) listed below.
(1) The location and design of the subdivision is such that it clearly preserves the
rural character of the County through:
(a) The provision of lot sizes and building setbacks significantly greater
than those required by the zoning district in which the proposed
subdivision is located, including any overlay district requirements, in
accordance with the following standards:
(i) Lot Sizes and Building Setbacks– Conventional Subdivisions:
a. All lots in the subdivision must be at least 80,000 square
feet if the minimum lot size or area per dwelling unit of
the zoning district is 40,000 square feet or less,.
b. All lots must be at least 120,000 square feet (2.75 acres)
if the minimum lot size or area per dwelling unit of the
zoning district is 80,000 square feet,.
24 The goal is to allow for a further reduction of minimum lot area with the preservation of open space
incorporating adaptive wastewater treatment techniques. Current design standards do not support stated
BOCC/staff goals of allowing for the further clustering of lots with dedication of additional open space.
25 Staff is correcting an erroneous section reference. Section 8.8.4 deals with ‘non‐conformities’ and not
subdivision road design standards.
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c. All lots must be at least 130,680 square feet (three
acres) if the minimum lot size or area per dwelling unit of
the zoning district is 87,120 square feet (two acres),
d. Lots must be at least five acres for all other cases, and
d. Minimum building setbacks for lots located on a private
road shall be twice those required.
(ii) Lot Sizes and Building Setbacks –Estate Lot Subdivisions
without Density Bonus26
a. In zoning districts having a minimum lot size of 40,000
square feet:
i. All lots must be at least 80,000 sq. ft. in
subdivisions providing 40% of Common Open
Space;
ii. All lots must be at least 70,000 sq. ft. in
subdivisions providing 41-49% or less Common
Open Space; or
iii. All lots must be at least 60,000 sq. ft. in
subdivisions providing 50% or greater Common
Open Space.
iii.
b. In zoning districts having a minimum lot size of or area
per dwelling unit of 80,000 square feet or 87,120 square
feet or two acres: (87,120 square feet):
i. All lots must be at least 130,680 square feet (3
acres) in subdivisions providing a minimum of
40% of Common Open Space ;
ii. All lots must be at least 90,000 square feet (2.07
acres) in subdivisions providing 41% - 49%
Common Oopen Sspace;
iii. iAll lots must be at least 60,000 square feet
(1.38 acres) in subdivisions providing 50% or
greater open space.
c. Minimum building setbacks for lots located on a private
road shall be twice those required.
c.
(b) The retention and/or provision of landscaping and use of clustering of
dwelling units to:
(i) Screen the view of the subdivision from public roads,
(ii) Maintain a wooded or forested character,
(iii) Maintain scenic views, or
(iv) Preserve wildlife, botanical, historic, archaeological and/or
recreation sites; and/or
26 The Flexible Development – Estate Lot Option allows a subdivider to place required ‘open space’ within each
proposed lot. We are revising existing language to allow/encourage some of this open space to become common
area.
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(c) The preservation of site features which directly enhance the special or
unique cultural, historical, archaeological or biological characteristics of
the immediate area as referenced in:
(i) “An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated
Portions of Orange County” or,
(ii) For historic sites, if the site is deemed eligible by the State
Historic Preservation Office for inclusion in the National Register
of Historic Places.
(2) The number, location and/or size of lots to be located in the subdivision are such
that, even if constructed to State standards, the streets would not be accepted by
the State for maintenance due to density or other State requirements.
(3) At least 50% of the site is to be dedicated and preserved through restrictive
covenants and contains recreation and/or open space areas of significant
botanical, wildlife, historic and/or archaeological sites as referenced in “An
Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological
Significance in the Unincorporated Portions of Orange County.”
(4) In subdivisions proposed to be located in a Watershed Protection Overlay
District, as designated in Section 4.2 of this Ordinance, stream buffers are
increased by at least 25% above those required by Section 6.13 of this
Ordinance and the impervious surface allowed is decreased by at least 15% to
allow greater infiltration of storm water runoff to prevent the pollution of water
supply reservoirs.
(5) The site contains topographic and environmental features, such as streams,
steep slopes, or watersheds that would be adversely affected by the use of roads
constructed to State standards because of factors such as significant amounts of
earthwork (cut and fill) that would contribute to increased run off of stormwater
and siltation.
(6) The site is already developed to 100% of the capacity which could be achieved
after approval of the subdivision and some or all of the non-conforming aspects
of existing development on the site will be made more conforming as a result of
the proposed subdivision, and all conforming aspects of the development will
remain conforming.
(7) There is only one subdivision road proposed and:
(a) Its length does not exceed 350 feet,
(b) It serves no more than five lots,
(c) Its grade does not exceed 9%, and
(d) The land being subdivided is not connected to, or part of, another
subdivision required to be served by public roads.
(C)(G) The Declaration of Development Restrictions, prepared by the Planning Department and
recorded concurrently with the Final Plat, shall include a statement that further
subdivision of any of the lots may require that the road be upgraded to a higher private
road classification, or to public standards, and that the cost of the upgrade will be the
responsibility of the subdivider.
(D)(H) Where a parcel being subdivided was created by a previous subdivision approved after
July 5, 1983, then the previous subdivision as well as the proposed subdivision will be
considered in determining whether a private road is still justified.
(E)(I) It shall be the responsibility of the applicant subdivider for subdivision approval to supply
a written statement justifying the reasons for private roads in the proposed subdivision.
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Compliance with one or more of the standards in this subsection (8.8.4) does not insure
approval of either a public or private road within a proposed subdivision.
(F)(J) A private road shall be required to meet standards set by Orange County as described in
Section 7.8.5. Satisfactory proof that the standards are met will be required by the
County Manager or his/her appointed agents.
(G)(K) If a subdivision is to contain private roads, the subdivider shall have the County's
Standard Road Maintenance Agreement entitled, "DECLARATION OF RESTRICTIONS
AND PROVISIONS FOR PRIVATE ROAD MAINTENANCE" prepared and processed in
accordance with Section 2.14 for minor subdivisions or Section 2.15 for major
subdivisions and shall conform to the requirements of Section 7.14.3(6)(b)(ii).
(H)(L) The land within a private road easement shall be included within the lot boundaries of the
lot or lots which border the easement. The road maintenance agreement shall include a
provision that if the road is dedicated for public use at a later date, then the lot
boundaries will be revised to extend only to the edge of the right-of-way, in accordance
with NCDOT standards.
7.8.5 Private Road Standards
(A) Purpose and Intent
(1) In Orange County, the preference is to serve subdivisions with State-maintained
(NCDOT) public streets or municipal streets. The County recognizes, however,
that private roads may be beneficial in some cases where the Subdivider
subdivider provides significantly larger lots, and where a private road graded to a
narrower cross-section saves valuable vistas, trees, or natural resources, and
reduces cut-and-fill and overall land disturbance. Where the Subdivider
subdivider clearly provides benefits such as enhancing entrances or streetscapes
off an adjoining public road, saving trees, providing large lots, reducing
disturbance, and "fitting" lots better into their natural surroundings, the Planning
Department, Planning Board, and Board of County Commissioners may permit
the use of private roads.
(2) The County is concerned about the logical and safe extension of public roads
throughout the County and notes that private roads cannot be served by school
buses and sometimes not by rescue squads and fire trucks. Private roads are
generally unpaved and property owners who use the road are solely responsible
for maintenance of the road.
(3) The County will approve only private roads where the "benefits" outweigh the
negative aspects.
(4) Private roads shall never be approved simply to save money.
(5) Private roads are a privilege, and not a right, and must be justified by the
particular lot arrangement and benefits provided by each development.
(B) General Requirements
(1) Private Roads serve lots within subdivisions that do not have access to state-
maintained roads.
(2) Private Roads insure that all lots have documented legal right-of-way and provide
adequate access for residents and emergency vehicles.
(3) Private Roads may be allowed in a subdivision where, in the judgment of the
Planning Board and with the approval of the Board of County Commissioners, it
is found that the nature and location of the subdivision are such that a private
road is justified.
(a) In determining whether to permit Private Roads in subdivisions, the
design features contained in subsection (F)(5) of this Section shall be
considered.
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(b) It is the responsibility of the subdivider to supply a written statement
justifying the reasons for Private Roads in the proposed subdivision.
(4) After approval of, and initial construction of the Private Road, maintenance must
be provided by the property owners of lots located along the road. A Road
Maintenance Agreement or Declaration between the lot owners is required to
insure that the needed repairs are made (see subsection (F)(10)(i)).
(5) Since Private Roads are not constructed to North Carolina Department of
Transportation standards, they will not be added to the Secondary Road System
and will not be maintained by the State or Orange County.
(C) Classifications
(1) The standards and specifications for Private Roads apply to subdivisions in
Orange County and the class of road required depends on the number of lots
served by the road.
(a) A Class B road serves 1 to 5 lots or dwelling units.
(b) A Class A road serves 6 to 12 lots or dwelling units.
(2) All Private Roads in a major subdivision require the approval of the Board of
County Commissioners.
(3) Before the final plat of the subdivision can be recorded, the Private Road must be
built and approved, or the applicant subdivider must post a security instrument
with the County in an amount that would cover the cost of constructing the road.
(4) Class B Private Roads intended to serve two lots or dwelling units are not
required to be constructed to Orange County Standards or to be inspected before
recordation of the final plat.
(a) Orange County recommends that such Class B roads be built to these
standards in order to provide adequate access, especially for
emergency vehicles which require the clearances and turn areas
shown on the specifications.
(D) Construction Standards for Private Roads
The standards described herein are the minimum set forth by the County. Orange
County has not determined, and is not responsible for determining, that these standards
are adequate or appropriate for all uses by landowners. The standards also may not
meet NCDOT criteria. No road will be accepted for maintenance by NCDOT unless or
until NCDOT standards are met.
TABLE 7.8.5.D BASIC STANDARDS AND SPECIFICATIONS
FOR PRIVATE ROADS
CLASS A CLASS B
Max. Number of Lots 12 2 3 5
Right-of-Way Width 50 ft. 50 ft. 50 ft. 50 ft.
Travel-Way Width 18 ft. No Standard 12 ft. 12 ft.
Road Maintenance
Agreement Required Yes Yes Yes Yes
Maintenance
Responsibility Property Owners Property
Owners Property Owners Property
Owners
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Section 7.11: Recreational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 7-31
(B) If the Board of Education has not purchased the site or begun proceedings to condemn
the site within 18 months if site reservation, the subdivider may treat the land as freed of
the reservation.
SECTION 7.11: RECREATIONAL FACILITIES
7.11.1 Applicability
(A) Every person, firm or corporation who subdivides land for residential and/or non-
residential purposes shall be required to dedicate a portion of such land for the purpose
of public recreation/open space, including the preservation of natural and cultural
resources, to serve the leisure needs of the residents of the subdivision and the residents
of the immediate neighborhood within which the subdivision is located.
(See Article 10 for definition of “immediate neighborhood”. The Planning Department
keeps a map showing the location of recreation service area boundaries)
(B) In all cases, the Recreation and Parks Advisory Council shall review and make
recommendations to the Planning Board and Board of County Commissioners on the
provision or dedication of recreation and/or open space areas.
7.11.2 Area Requirements
(A) At least 1/57 of an acre shall be dedicated for each dwelling unit planned or provided for
in the subdivision plan, except where land is located in the Special Flood Hazard Overlay
District and/or is characterized by steep slopes (15% or greater), then at least 1/20 of an
acre of such land shall be dedicated for each dwelling unit.
(B) If the application of the provisions of Article 3 (Required Minimum Recreation Space
Ratio, as shown on the table of each zoning district) and Section 6.3 (Land Use Intensity
System) of this Ordinance results in a greater amount of land, then the difference
between the application of the standards above and those of the referenced Articles shall
be established as private recreation for the use of the residents of the development.
(C) The total land area dedicated as part of a nonresidential subdivision shall be determined
by an analysis of the site, the use(s) to be located thereon and the designation of
recreation and/or open space sites as shown on the adopted Comprehensive Plan.
(1) The site analysis shall be prepared by the subdivider/applicant and shall identify
in written and graphic form those areas characterized by:
(a) Steep slopes (15% or greater),
(b) Special flood hazard areas and wetlands,
(c) Rock outcroppings,
(d) Mature woodlands (trees of 18 inches or greater in diameter),
(e) Existing structures and cemeteries, and
(f) Lakes, ponds, rivers and other water resources.
(2) A written and graphic description shall also be submitted by the
subdivider/applicant which identifies:
(a) The proposed use of each lot in the subdivision,
(b) The approximate amount of building and parking coverage for each lot,
and
(c) The approximate number of employees associated with each use.
(3) In no case shall the total land area be less than that required by application of the
provisions of Article 3 (Required Minimum Pedestrian/Landscape Ratio, as
shown on the Table of each zoning district) and Section 6.3 (Land Use Intensity
System) of this Ordinance.
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7.11.3 Site Suitability
(A) Land provided or dedicated for active recreational purposes shall be of a character,
slope, and location suitable for use as for play areas, tennis courts, multi-purpose courts,
picnic areas, ball fields, and other similar recreation uses.
(B) Active recreation areas shall be located on land that is relatively flat (0 to 7-1/2% slopes),
free of wetlands and/or flood plains, free of easements for public utility transmission lines,
and is otherwise capable of accommodating active recreation uses.
(C) Land provided or dedicated for low impact recreation and open space purposes shall be
of a character, slope, and location suitable for use for walking, jogging, reading and
similar quiet activities, and the preservation of natural features and cultural resources
such as steep slopes, rock outcrops, native plant life and wildlife cover, mature
woodlands, and water resources.
(D) In all cases, active and low impact recreation sites as well as open space areas
designated in the adopted Comprehensive Plan shall be incorporated into the design of
the subdivision.
(E) Criteria for evaluating the suitability of proposed recreation areas shall include but not be
limited to the following:
(1) Location
(a) Land dedicated for recreation purposes shall be located so as to serve
the needs of the residents of the subdivision and the residents of the
immediate neighborhood within which the subdivision is located.
(b) As approved by DEAPR, the Orange County Parks and Recreation
Board, and BOCC, land dedicated for public recreation purposes shall
also maintain logical access to other private Common Open Space
areas.
(c) Recreation areas shall be located so as to provide, insofar as possible,
reasonable accessibility to all residents of the subdivision and
residents living in the immediate neighborhood.
(d) Recreation areas shall be located where more land more suited for
recreational purposes due to shape, level slopes and/or dry soil
conditions is present.
(a)(e) Where proposed park sites are shown in the adopted Comprehensive
Plan, and a subdivision contains a portion of the park site, then the
developer may be required to locate the recreation area in accordance
with the park site as shown thereon.
(2) Unity
(a) Land dedicated for recreation purposes shall be a single parcel except
where it is determined that two or more parcels are suited to the needs
of a particular subdivision.
(b) The Planning Department and/or Planning Board may recommend,
and the Board of County Commissioners may require, the dedication of
a connecting path in addition to the land required in Section 7.11.2
above.
(i) Where a connecting path is necessary, a path right-of-way of up
to 50 feet in width may be required, but in no case shall the path
right-of-way be less than 30 feet in width.
(3) Accessibility
(a) Land dedicated for recreational purposes shall have at least 50 feet of
frontage on at least one street within the subdivision.
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(b) Where a recreation area is not accessible due to lot arrangement, the
Planning Department and/or Planning Board may recommend, and the
Board of County Commissioners may require, the dedication of
connecting paths which link the recreation area with other streets
within the subdivision (see figure below).
(i) Connecting paths so required shall be in addition to the land
required in Section 7.11.2 above.
(ii) Connecting paths may require a right-of-way of up to 50 feet in
width but in no case shall the path right-of-way be less than 30
feet in width.
Figure 7.11.3.E.3: Connecting Paths
7.11.4 Site Improvements
(A) Private recreation facilities, either required or provided at the option of the
subdivider/applicant, shall meet the standards for site improvements contained in the
Table below.
(B) When choosing improvements for a recreational area, the anticipated characteristics and
needs of the residents shall be considered in conjunction with the size of the
development, any physical constraints posed by the site, and the availability of other
improvements within the same general area as the subdivision.
(1) As an example, the existence of a multi-purpose court in an adjacent, existing
subdivision and the availability of the facility for use by residents of the proposed
subdivision may indicate to the subdivider/applicant that another facility, such as
a tennis court, would be more appropriate.
(C) Recreation facilities which are suitable for various age groups include, but are not limited
to those shown in the Table below.
(D) Trash receptacles shall be provided for all recreational areas regardless of the number
and type of other improvements located thereon.
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Section 7.12: CLUSTER DEVELOPMENTS
7.12.1 Generally27
(A) Cluster development:
(1) Allows for greater design flexibility and originality,
(2) Permits the reasonable use of land with difficult physical conditions (topography,
floodplain, unique natural areas, etc.),
(3) Respects the physical qualities of the land,
(4) Reduces the overall development and public costs, and
(5) Preserves open space to serve recreational, scenic and public service purposes.
(B) Cluster developments permit the modification and variation of lot and yard requirements
provided that the sum of reductions in lot area becomes common open and for recreation
space for the benefit of all residents of the cluster development or for dedication to public
use.
(C) Cluster development may be required where protection of environmental resources
identified in “An Inventory of Site of Cultural, Historic, Recreational, Biological, and
Geological Significance in the Unincorporated Portions of Orange County” or “Inventory
of the Natural Areas and Wildlife Habitats of Orange County, North Carolina” cannot be
accomplished through the development of a standard subdivision.
(D) If not required by (C) above, cluster developments are an option for the developer.
(E) All cluster developments, whether required or opted for by the developer, shall be done in
compliance with the provisions and standards related to or referring to cluster
developments contained in this Section.
7.12.2 Criteria in the Rural Buffer (RB) Zoning District28
Cluster developments may be approved in the Rural Buffer zoning district upon the following
findings:
(A) The tract is a minimum of 400,000 square feet.
(B) Approved water supply and wastewater treatment systems are available and each lot is
served by separate water supply and sewerage connections.
(C) The total number of lots proposed for the tract, excluding parcels of reserved
recreation/open space is not greater than the number determined by dividing the gross
land area, excluding public and private road rights-of-way, by the minimum lot size
required for the Rural Buffer zoning district and Watershed Protection Overlay District
requirements for University Lake Watershed, if applicable.
(D) The recreation/open space reserved within the tract conforms Section 7.11.
(E) The minimum amount of land reserved as recreation/open space shall be the sum of all
reductions in minimum lot area as a result of the cluster form of development and/or the
minimum recreation/open space required in Section 7.11, whichever is greater.
(F) Cluster open space shall not include areas devoted to public or private vehicular streets.
27 As staff has indicated in previous presentations, the current Cluster Development section is never employed by a
subdivider given the Flexible Development – Conservation Cluster option. We are recommending the section be
deleted in its entirety in favor of promoting the aforementioned Flexible Development option.
28 Please note staff has moved the provisions contained in Section 7.12.2 to the Flexible Development –
Conservation Cluster design standards to ensure continued compliance with established RB development
standards as articulated within the County Comprehensive Plan as well as the Joint Planning Land Use Plan and
Agreement.
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(G) Cluster developments in the UNIV-PW and UNIV-CA Watershed Protection Overlay
Districts shall comply with the development standards as set forth in Sections 4.2 and
6.6 of this Ordinance.
7.12.3 Reductions in Lot and Setback Requirements
For lots created as part of a cluster development, minimum lot area, lot width and setback
requirements as specified in Article 3 of this Ordinance may be reduced as set forth below.
(A) Minimum lot area requirements may be reduced to no less than one acre.
(B) Minimum lot width requirements may be reduced to no less than 104 feet.
(C) Minimum front setback requirements may be reduced to 30 feet except where the front lot
line forms an exterior boundary of the cluster development in which case no reduction
shall be permitted.
(D) Minimum rear and side setback requirements may be reduced to 10 feet except where
the rear and side lot line forms an exterior boundary of the cluster development in which
case no reduction shall be permitted.
7.12.4 Ownership of and Conveyance of Cluster Recreation/Open Space
(A) Cluster recreation/open space shall be dedicated to the public unless the Board of
County Commissioners finds that the size, location, type of development, or cost of
development or maintenance of such space or the availability of public open/recreation
space would make public use undesirable or unnecessary.
(B) The applicant may request that the cluster recreation/open space be designated for
private use.
(C) If cluster open/recreation space is not dedicated for public use, it shall be subject to
approved legal arrangements sufficient to assure its maintenance and preservation for
the intended purpose as provided in Section 7.14.3.
(D)(I) Open space designed to protect environmental resources identified in “An Inventory of
Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the
Unincorporated Portions of Orange County” or “Inventory of the Natural Areas and
Wildlife Habitats of Orange County, North Carolina” shall be adequately protected
through dedication of conservation easements, dedication to Orange County, restrictive
covenants, or other means found appropriate for the long-term preservation of the
particular site or resource.
7.12.5 Criteria for Approval of Major Subdivision Preliminary Plan or Minor Subdivision Final Plat
In addition to the requirements outlined in Article 2, an approved major subdivision preliminary
plan or minor subdivision Final Plat shall provide for a total environment better than that which
could be achieved under standard regulations and must meet the following criteria:
(A) Individual lots, buildings and streets shall be designed and situated to minimize alteration
of the natural site features to be preserved.
(B) The usability of cluster open/recreation space shall be determined by the size, shape,
topographic and location requirements specified in Section 7.11.
(C) Cluster open space shall include irreplaceable natural features such as, but not limited to,
streams, significant stands of trees, individual trees of significant size and/or species,
uncommon plant communities, wildlife habitats and rock outcroppings.
(D) Cluster recreation space shall be easily accessible to pedestrians, including the
handicapped.
(E) (E) The suitability of cluster open space intended for scenic value shall be
determined by its visibility from adjoining properties and streets and shall seek to lessen
the area devoted to motor vehicle access.
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(F) Diversity and originality in lot layout shall be encouraged to achieve the best possible
relationship between the land and the development.
(G) Up to one-fourth of the land with slopes greater than 15% may be removed or altered
only when such slopes are small and isolated and do not otherwise adversely affect the
design of the development.
(H) At least 20% of the gross land area is designated as common open space.
(I)(J) No more than 50% of the required common open space shall be used exclusively for
sewage treatment systems, utilities, or other uses which prohibit access by the residents
of the cluster subdivision. This restriction does not apply to areas of historic or natural
significance which may be protected by access restrictions.
7.12.6 Additional Submittal Requirements
In addition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary
Plans or Minor Subdivision Final Plats, applications must be accompanied by:
(A) Application shall be identified as a Cluster Development Subdivision.
(B) A precise description of the extent to which the proposed modifications depart from the
standard requirements of the applicable zoning district and the reasons for such
departures.
(C) The location, type and area of the common open space and the adequacy of the amount
and function of the open space in terms of densities and dwelling types proposed.
(D) Written site analysis accompanies by an illustrative site map, which identifies the
following:
(1) Slopes 7½ - 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
(4) Significant stands of trees,
(5) Significant examples of a particular species of tree occurring in a native stand
and specimen trees,
(6) Drainage and waterways,
(7) Special flood hazard areas,
(8) Significant rock outcroppings,
(9) Significant scenic vistas,
(10) Soils with limitations for on-site wastewater systems and building development,
(11) The manner in which the plan makes adequate provision for water and
wastewater treatment, and
(12) The relationship of the plan to the physical environment, the neighborhood in
which it is proposed to be established and the intent of the provisions providing
for the establishment of a cluster subdivision.
Section 7.13:SECTION 7.12: FLEXIBLE DEVELOPMENTS
7.13.17.12.1 Purpose
(A) The purpose of Flexible Development is to preserve agricultural and forestry lands,
natural and cultural features, environmentally sensitive areas, and areas with potential for
maintaining the rural community character of the rural community that might otherwise be
lost through or marginalized with a conventional development approaches.
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(B) To accomplish this goal, greater flexibility and creativity in the design of such
developments is encouraged and allowed. Specific objectives are as follows:
(1) To preserve areas of the county with productive soils for continued agricultural
and forestry use by preserving blocks of land large enough to allow for efficient
operations.
(2) To encourage the preservation and improvement of habitat for various forms of
wildlife and to create new woodlands through natural succession and
reforestation where appropriate.
(3) To minimize site disturbance and erosion through retentionby retaining of existing
vegetation and avoiding development on steep slopes.
(4) To preserve open land, including those areas containing unique and sensitive
features such as natural areas and wildlife habitats, steep slopes, streams,
wetlands, and floodplains.
(5) To preserve scenic views and elements of the county's rural character, and to
minimize perceived density by minimizing views of new development from
existing roads.
(6) To preserve and maintain historic and archaeological sites and structures that
serve as significant visible reminders of the county's social and architectural
history.
(7) To provide for the active and low impact recreational needs of county residents,
including implementation of the Master Recreation & Parks Plan.
(8) To provide greater efficiency in the siting of services and infrastructure by
reducing road length, utility runs, and the amount of paving for development.
(9) To create compact neighborhoods accessible to open space Common Open
Space amenities and with a strong identity.
(9)(10) To strategically organize and preserve Common Open Space areas within the
context of their surroundings and greater community.
7.13.27.12.2 Applicability
(A) All Flexible Development subdivision plats shall comply with the requirements and
standards specified herein and in all respects with other applicable codes and ordinances
to the extent that they are not in conflict with these provisions.
(B) Flexible Developments located within the Stoney Creek Basin Overlay District shall
comply with provisions of Section 4.8 of this Ordinance.
(C) The Village Option for a Flexible Development shall not be located in the Rural Buffer
(RB) zoning district.
(D) Applicants/SubdividersSubdividers seeking approval of a Minor Subdivision Final Plat by
the Planning Department are encouraged to work with the Planning Department staff in
identifying and preserving Common Open Spaceopen space areas as part of such
developments.
(E) Flexible Developments shall comply with applicable density limits as detailed within
Section 4.2 of this Ordinance.29
29 Staff is adding language to ensure there is no confusion with respect to a project’s compliance with established
density limits.
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7.12.3 Criteria in the Rural Buffer (RB) Zoning District30
Flexible developments may be approved in the Rural Buffer zoning district upon the following
criteria:
(A) The tract is a minimum of 10 acres.
(B) Allowed water supply and wastewater treatment systems are available for residential
service, and each lot is served by separate water supply and sanitary sewage
connections.
(C) The total number of lots proposed for the tract, excluding parcels of reserved Common
Open Space, is not greater than the number determined by dividing the gross land area
(excluding public and private road rights-of-way) by the minimum lot size required for the
Rural Buffer zoning district and Watershed Protection Overlay District requirements for
University Lake Watershed, if applicable.
(D) The Common Open Space reserved within the tract conforms to Section 7.11.
(E) Common Open Space shall not include areas devoted to public or private vehicular
streets.
(D) Flexible developments in the UNIV-PW and UNIV-CA Watershed Protection Overlay
Districts shall comply with the development standards as set forth in Section 4.2 of this
Ordinance.31
7.13.37.12.4 Common Open Space Standards
(A) Minimum Required Lots Size and Common Open Space
(1) Where a developer subdivider elects to seek approval of a Major Subdivision
utilizing the Flexible Development Option as specified herein, at least 33% of the
total land area in the Flexible Development must be set aside as protected
Common Open Spaceopen space.
(2) Where a subdivider elects to seek approval of a Minor Subdivision utilizing the
Flexible Development Option as specified herein, the development shall provide
at least:
(a) 33-39% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 43,560 square feet;
(b) 40-44% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 30,000 square feet;
(c) 45-49% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 20,000 square feet;
OR
(d) 50-59% of the total land area in Common Open Space areas for
subdivisions maintainingwith a minimum residential lot size of 15,000
square feet.
(e) 60% or more of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 10,000 square feet.
30 Original language from Section 7.12.2 Cluster Developments of the UDO updated to use the term “Flexible”
rather than “Cluster”. For more information please refer to Footnote number 23.
31 Language is unnecessary given wording in Section 7.12.2 (E) of the proposed amendment.
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(3) Such Common oOpen Sspace shall
meet the standards contained in this
Section unless the subdivider
developer chooses to seek approval of
a conventional subdivision as specified
herein.
(B) Planning for Common Open Space
(1) Common Open space Space design in subdivision projects shall be planned as
part of a comprehensive project design.
(2) The long-term success of open space is improved when a layout is chosen with a
perspective of future usefulness, efficiency, connectivity and compatibility with
both existing development and other types of open spaces.
(3) Common Open space Space is an important amenity for subdivision residents
and an essential part of the County’s character and environmental quality.
(4) Common Open space Space planning must indicate a thoughtful understanding
of that importance, and shall be evaluated based on its merits.
(5) A Flexible Development subdivision plan shall always provide open space which
that prominently meets at least one of the three following goals in open space
design:
(a) The Maintenance maintenance of Wildlife wildlife Corridors corridors
and/or Habitathabitat;
(b) The Preservation preservation of Rural rural Charactercharacter; or
(c) The Creation creation or Protection protection of Space space for
Outdoor outdoor Recreationrecreation.
(6) When relevant, a Flexible Development subdivision plan shall address the
following additional goals in open space design:
(a) The Protection protection of Other other Natural natural
Resourcesresources,;
(b) The Improvement improvement or Maintenance maintenance of Visual
visual Amenitiesamenities,;
(c) The Creation creation or Protection protection of Managed managed
Resource resource Productionproduction,;
(d) The Improvement improvement or Maintenance maintenance of Public
public Health health and Safetysafety, ; and
(e) (e) The Creation creation or Protection protection of Public public
Purpose purpose and/or Utility utility Infrastructureinfrastructure..
(7) The primary means by which goals in open space design are addressed are
composition, accessibility, size, and shape.
(8) The primary way to achieve these open space design goals is by the application
of standards to these fundamental land characteristics:
(a) Composition
The natural and constructed features of land indicate what types of open-
space goals it can support. For each of the listed open space goals,
certain characteristics are required or preferred. Compositional
requirements and preferences are stated throughout this section.
(b) Accessibility
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All Flexible Development plans shall, unless the open space is to
preserve conservation values that require minimal disturbance, provide
open space access to the public at large and/or subdivision residents, in
accordance with Section 7.13.3(D).7.12.4
(c) Size and Shape
The usefulness of open space can be lessened when it is fragmented or
shaped in long narrow segments. The most functional open space is
large enough to maximize the benefits to ecological, environmental,
cultural, recreational and/or visual uses. Size and shape requirements
are listed in Section 7.13.67.12.4.
(9) An open space plan may use other land characteristics as well, if a direct link to
the goals of (5) and (6) above is shown.
(C) Types of Common Open Space
The types of Common Open Space open space conserved dedicated through Flexible
Development shall be consistent with the following standards and shall be comprised of
two types of land: "Primary Conservation Open Space Areas" and "Secondary
Conservation Open Space Areas".
(1) Primary Conservation Open Space Areas
(a) These areas have sensitive environmental features and/or significant
cultural resource areas, which may make them legally or practically
unbuildable.
(a) These areas are reserved for passive uses (e.g., forests, pastures,
meadows) and low impact active uses (e.g., trails, natural observation).
(b) These areas are the first open spaces to be chosen towards meeting
the minimum 33% requirement.
(c) For Major and Minor Subdivisions utilizing the Flexible Design Option,
Secondary Open Space Conservation Areas may not be counted
towards the 33% requirement unless all potential Primary Open Space
Conservation Areas, other than those listed in (e) below, have been set
aside.
(d) Primary Conservation Open Space Areas include:
(i) Wetlands
Including, but not limited to, streams, creeks, ponds, reservoirs,
stormwater management facilities for watershed protection
purposes, and adjoining land areas identified as part of:
a. The National Wetlands Inventory Maps for the county,
prepared by the U.S. Fish and Wildlife Service;
b. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service;
c. The "Inventory of Natural Areas and Wildlife Habitats,"
as prepared by the Triangle Land Conservancy;
d. LANDSAT satellite data collected and analyzed under
the Albemarle-Pamlico Estuarine Study;
e. A required environmental assessment or environmental
impact statement; and/or
f. A site analysis conducted by a registered engineer, land
surveyor, landscape architect, architect or land planner
using data from the U.S. Army Corps of Engineers.
(ii) Floodplains (100-year) and Alluvial Soils
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Identified as part of:
a. The "Flood Insurance Study: Orange County, N.C.,"
prepared by the Federal Emergency Management
Agency (FEMA); and
b. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service.
(iii) Steep Slopes
Defined as those greater than 25%, identified as part of:
a. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service; and/or
b. A site analysis conducted by a registered engineer, land
surveyor, landscape architect, architect or land planner
and calculated using topographic maps from an actual
survey or from the U.S. Geological Survey.
(iv) Natural Areas and/or Wildlife Habitats
As identified as part of:
a. The "Inventory of Natural Areas and Wildlife Habitats,"
as prepared by the Triangle Land Conservancy;
b. A required environmental assessment or environmental
impact statement; and/or
c. An independent site study conducted by a trained
botanist and/or biologist.
(v) Historic and Archaeological Sites
Listed on the National Register of Historic Places or included on
the state's national register study list, designated as a local
historic landmark, designated as a local historic district, and/or
identified as having a high potential for archaeological remains
as part of:
a. The "Chapel Hill Township Architectural Survey: Final
Report";
b. The "Orange County Multiple Property Documentation
Form: Historic Resources of Orange County";
c. "An Archaeological Survey of Portions of Orange
County, N.C.";
d. A required environmental assessment or environmental
impact statement; and/or
e. An independent site study conducted by a trained
architectural historian or archaeologist.
Where a historic or archaeological site is to be set aside as a
separate lot, and preserved and/or restored as part of a flexible
development, the entire area within the lot may be credited
toward meeting the minimum open space requirement.
(vi) Wildlife Corridors
As identified in the Orange County Comprehensive Plan.
(e) A single, connected area of open space that meets one or more of the
definitions of Primary Open Space Conservation Area in (d) above may
be expanded by up to 20% of its area to provide an additional buffer.
Although the expanded area might not meet any other definitions of
Primary Conservation Open Space Area, it may be considered as such,
except that:
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(i) Expansion areas may not be, in turn, expanded under this
provision,
(ii) Expansion areas may not be selected as Primary Conservation
Open Space Area unless all site areas meeting any other
Primary Conservation Open Space Area definition have already
been selected as open space, and
(iii) Expansion areas must be in the same natural state as the
Primary Conservation Open Space Area that is being expanded.
(2) Secondary Conservation Open Space Areas
(a) If there is not enough Primary Conservation Open Space Area acreage
on- site to meet the mandatory 33% open space requirement, and if
there are no off-site Primary Conservation Open Space Areas areas
proposed, then Secondary Conservation Open Space Areas shall be
used to complete the 33% requirement..
(b) Secondary Conservation Open Space Areas have fewer restrictions ,
with regard to location, and allow more flexibility to improve overall
open space design, and have more active uses.purpose. These areas,
unless specified otherwise, receive full credit toward meeting the
minimum open space requirement of Flexible Developments.
(c) Secondary Conservation Open Space Areas may be proposed for the
following attributes:
(i) Access
a. An area may be chosen as a Secondary Conservation
Open Space Area because of its benefit in providing
open space access to residential lots in accordance with
regulations listed in 7.12.47.13.3(D).
b. Access areas shall also include desired compositional,
size and shape attributes, as listed in this subsection (2).
(ii) Composition
Sites chosen for Secondary Conservation Open Space Areas
must have one or more of the following characteristics or uses:
a. Woodlands
Including forestland for the planting and production of
trees and timber, where management practices such as
selective timber harvesting and wildlife enhancement are
employed. Such woodlands may consist of hardwood,
pine, and/or mixed pine-hardwood forests identified as
part of:
i. LANDSAT satellite data collected and analyzed
under the Albemarle-Pamlico Estuarine Study;
ii. A site analysis conducted by a registered
engineer, land surveyor, landscape architect,
architect or land planner using aerial
photographs and/or satellite imagery;
iii. A required environmental assessment or
environmental impact statement; and/or
iv. An independent site study conducted by a
trained botanist and/or forester.
b. Farmland
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i. Prime agricultural land as identified by the
U.S.D.A. Soil Conservation Service in "Important
Farmlands: Orange County, N.C." and which is
in active use for the production of crops and/or
the raising of livestock is particularly
encouraged.
ii. Farmland also includes space on individual lots
used for gardens, ponds, horse paddocks and
barns, and similar uses.
c. Slopes of 15% to 25%
Slopes that require special site planning due to their
erosion potential, limitations for septic tank nitrification
fields, and terrain or elevation changes. Such areas may
be suitable for building, but higher site preparation and
construction costs are to be expected.
d. Other Historic and/or Archaeological Sites
As identified from the same sources as for primary
Primary Open Space Area conservation area sites (see
7.132.3(C)(1)(d)(v) above).
e. Public and/or Private Recreation Areas and Facilities
Including:
i. “Active recreation areas” such as public
recreation areas, including district and
community parks as identified in the master
recreation and parks plan; and private recreation
facilities, including golf courses, playing fields,
playgrounds, swimming pools and courts for
tennis, basketball, volleyball and similar sports.
Because they represent uses in which natural
lands are cleared, graded and managed for
intensive activities, only half (50%) of the land in
this category may be credited toward meeting
the minimum open space requirement.
ii. “Low-impact recreation areas” such as
pedestrian, bicycle and equestrian trails, picnic
areas, community commons or greens, and
similar kinds of areas, whether public or private.
Land in this category receives full credit toward
meeting the minimum open space requirement.
f. Scenic Views
Natural and cultural features visible from designated
scenic road corridors, including views from the road as
well as views outward from potential home sites are
particularly encouraged. Landscape buffers that screen
the view of development and preserve the character of
rural public roads are also included in this category.
g. Pedestrian Open Space Area (POSA)
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A POSA is a traversable corridor at least 50 feet wide,
undeveloped except for pedestrian recreation amenities,
and in common ownership.
i. POSAs are not required to have constructed
walking paths, but they must be reasonably
passable on foot.
ii. The final composition of a POSA shall be
evaluated on the intent of the overall access
plan in the subdivision.
iii. If the POSAs connect active or low impact
recreation areas, or if the POSAs are identified
as a recreation amenity, then a constructed path
can be required as a part of the approval
process.
iv. Landscaping to ensure compatibility with the
natural and scenic goals of open space shall
also be evaluated.
v. POSAs shall not be used to connect significant
habitat and wildlife open-space sections.
Wildlife corridors are for this purpose.
vi. All POSAs shall be connected to other types of
open space.
vii. In a Flexible Development subdivision, all
existing access ways shall, if practicable, be
connected into a single system.
viii. Flexible Subdivisions shall also have at least
one POSA and, when practicable, connect to at
least one outside edge of the subdivided
property, in order to preserve the ability to
connect the POSA with future, adjacent projects.
ix. POSAs may be used to satisfy up to 5% of the
33% open space requirement for flexible
development (for example, in a subdivision
containing 100 acres of total land area, up to
1.65 acres of the total POSA in the subdivision
would count towards meeting the 33% (33-acre)
open space requirement).
h. Roadside Buffers
Areas buffering public roads, when they are at least 75
feet in width, measured in one direction from the nearest
edge of the right-of-way may be considered Secondary
Conservation Open Space Areas.
i. Roadside buffers must be composed of
undisturbed natural vegetation or of enhanced
vegetation if enhanced vegetation is installed as
a condition of the approval.
i. Greenbelt Linkages
Areas that can be used as part of a connected greenbelt
path, within an approved County Greenbelt program.
(d) Size and Shape
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Secondary Conservation Common Open Space Areas, to the extent
possible, shall be part of substantially sized and/or contiguously linked
open space sections and meet guidelines as stated in Section 7.13.12.8.
(D) Access to Common Open Space
(1) General public accessibility to and within open space shall be encouraged as
follows: evaluated on a case-by-case analysis of the goals and the intended
use(s) of the open space in that particular development.
(a) Primary Conservation Open Space Areas, due to their considerable
recreation, scenic and cultural public values, shall be made available
for the use of the public at large through access by public road.
However, it will not be feasible for public use to be provided in all
cases (e.g., fragile cultural sites, protected and/or private habitat areas,
hazardous slopes and wetlands, etc.).
(b) Secondary Conservation Open Space Areas shall be available to, at
least, subdivision residents, particularly when it includes active and low
impact recreation areas. In some cases, this level of public entry may
not be appropriate (e.g. working timber or agricultural resource areas).
(2) If less than half of designated open space is Primary Conservation Open Space
Area, the subdivision plan shall provide direct access to Primary or Secondary
Conservation Open Space Area to at least 75% of project lots. The remaining
lots shall be within approximately 300 feet of an accessible point of Primary or
Secondary Conservation Open Space Area.
(3) If the majority of open space is Primary Conservation Open Space Area, the
subdivision plan shall provide direct access to Primary or Secondary
Conservation Open Space Area to at least 50% of project lots. The remaining
lots shall be within approximately 600 feet of an accessible point of Primary or
Secondary Conservation Open Space Area.
(E) Ownership of Common Open Space
Common Open space Space within a flexible development may be owned and/or
administered by any of the following methods, either individually or in combination. All
open space shall be permanently restricted from further subdivision.
(1) Fee simple dedication to the County, another unit of local government, the state
or a private nonprofit land conservancy. The County may reject any proposed
dedication at its discretion prior to or during the application process.
(2) Dedication of conservation easements to the County, another unit of local
government, the state or a private nonprofit land conservancy. Such easements
may apply to a single property owned by a homeowner's association and/or to all
or portions of individual lots owned by one or more property owners. The County
may reject any proposed dedication at its discretion prior to or during the
application process.
(a) Where conservation easements have been dedicated and accepted
prior to application for approval of a flexible development proposal, the
land subject to the easement may be counted toward satisfying the
33% open space requirement, provided that it is a portion of and in the
same ownership as the land to be subdivided.
(3) Ownership by a homeowner's association where specific development
restrictions and maintenance requirements are included as part of its bylaws and
as irrevocable articles of restrictive covenants.
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(4) Ownership by individual property owners, of estate lots only, where specific
development restrictions and maintenance requirements are included as part of
restrictive covenants and/or permanent conservation easements applicable to
such lots.
(F) Maintenance of Common Open Space
(1) Natural features shall be maintained in their natural condition, but may be
modified to improve their appearance, function or overall condition, as
recommended by experts in the particular area being modified. Permitted
modifications may include the following:
(a) Reforestation;
(b) Woodland management;
(c) Pasture or cropland management;
(d) Buffer area landscaping;
(e) Stream bank protection; and/or
(f) Wetlands management
(2) Unless accepted for dedication or otherwise agreed to by the County, another
unit of local government, the state or a private nonprofit land conservancy, the
cost and responsibility of maintaining open space and any facilities located
thereon shall be borne by the property owner and/or homeowner's association.
7.13.47.12.5 Development Standards
Plats for Major Subdivisions utilizing the Flexible Development subdivision platsOption shall be
prepared in accordance with one or more of the following development options: Estate Lot
Option; Conservation-Cluster Option; Village Option.
(A) Estate Lot Option
For lots created as part of an estate lot development, the following standards apply:
(1) Each estate lot shall have a lot size of at least four acres.
(2) For each estate lot, a building envelope (buildable area) shall be defined of
sufficient size to accommodate a single-family detached dwelling and customary
accessory uses, including, but not limited to, storage buildings and garages,
patios and decks, lawns, and driveways, septic systems including repair areas
and well sites.
(3) The building envelope of an estate lot may not exceed 50% of the total lot area
and shall not include designated Primary and/or Secondary Conservation Open
Space Areas.
(4) Only the area outside of the building envelope of an estate lot may be counted
toward meeting the minimum open space requirement. To the highest degree
possible, the open space area shall be contiguous to open space designated on
the adjacent lot(s) and shall not include required front yard and side yard
setbacks unless the front or side yard contains significant primary or secondary
conservation areasPrimary or Secondary Open Space Areas.
(5) A septic system repair area and/or well can be located within the secondary
conservationSecondary Open Space Area area provided the land designated for
the septic system and/or well is not more than one quarter of the secondary
conservationSecondary Open Space Area area of the lot. No septic system,
repair area and/or well can be located in the primary conservation areaPrimary
Open Space Area of a lot.
(6) Each building envelope on an estate lot shall adhere to the following spacing
standards:
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TABLE 7.13.4.A.6: BUILDING ENVELOPE SPACING STANDARDS
FOR ESTATE LOTS
Minimum spacing between building envelopes on adjacent lots 100 feet
Minimum spacing between building envelope and subdivision boundary or off-site
public street right-of-way 150 feet
Minimum spacing between building envelope and on-site public or private street
right-of-way 50 feet
Minimum spacing between building envelope and any other lot line 30 feet
Minimum spacing between building envelope and wetland or water bodies (lakes,
ponds, streams, etc.) 100 feet
(7) Provided the arrangement, design, and shape of estate lots is such that lots
provide satisfactory and desirable sites for building; contribute to the preservation
of designated Primary and/or Secondary Conservation Open Space Areas;
provide convenient access for emergency service vehicles; and satisfy all
building envelope spacing standards, the minimum required lot frontage may be
reduced to not less than 20 feet for flag lots, and lots fronting on culs-de-sac and
"T" turnarounds.
(8) Estate lots shall be restricted against further subdivision through deed restrictions
and/or permanent conservation easements. Primary and Secondary
Conservation Open Space Areas located outside building envelopes shall be
restricted against further development through conservation easements and/or
deed restrictions.
(9) Estate lot subdivision road(s) shall be designed to provide internal access to all
lots in the subdivision. Private driveways shall access existing state maintained
roads only via subdivision roads providing internal access to lots in the
subdivision.
(10) A 100-foot Type F buffer meeting the requirements of Section 6.8.6 shall be
provided along the frontage of all existing state maintained roads adjacent to the
subdivision boundaries.
(a) In areas of dense mature forest, existing vegetation may be used to
fulfill the buffer requirements.
(b) If additional planting is required, new plant materials that satisfy the
buffer requirements of Section 6.8.5 shall be installed and maintained
in accordance with provisions of Section 6.8.
(B) Conservation-Cluster Option
A conservation-cluster subdivision is one in which building lots are grouped together
through a transfer of allowable density within the subdivided tract provided the transfer of
density within the subdivision does not increase the average density in any overlay
zoning district.
In a conservation-cluster subdivision designed with density transfer, lots smaller than the
minimum lot size permitted in the zoning district are allowed provided such lots and
subdivisions are developed in accordance with the following standards:
(1) Land saved through lot size reductions shall consist of designated Primary and/or
Secondary Conservation Open Space Areas.
(2) The total amount of land set aside as Primary and Secondary Conservation
Open Space Areas shall equal the sum of all reductions in minimum lot area and
shall comprise at least 33% of the total land area in the subdivision. For Minor
subdivisions utilizing this option, the minimum amount of open space may
increase beyond amount per UDO 7.12.4(A) (2).
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(3) Both Primary and Secondary Conservation Open Space Areas shall be placed in
undivided preserves which adjoin housing areas that have been designed more
compactly to create larger conservation units that may be enjoyed by all
residents of the subdivision and, if possible, enjoyed visually by the general
public. Such undivided open space shall be accessible to the largest number of
lots within the development. To achieve this, the majority of houselots should
abut undivided open space to provide residents with direct views and access.
Safe and convenient pedestrian access to the open space from all adjoining
houselots shall be provided, except in the case of farmland or other resource
areas vulnerable to human disturbance. The design must meet the criteria
outlined in Section 7.1312.8 4 which sets forth conservation area design
characteristics.
(4) Where undivided open space is designated as separate non-contiguous parcels,
no parcel shall consist of less than three acres in area, nor have a length-to-width
ratio in excess of 4:1, except such areas that are specifically designed for
neighborhood commons or greens; playfields; buffers adjacent to wetlands,
watercourses, and rural roads; wildlife corridors; or trail links.
(5) Each lot must contain a buildable area of sufficient size to accommodate a
single-family detached dwelling and customary accessory uses, including, but not
limited to, storage buildings and garages, patios and decks, lawns, driveways,
septic systems including repair areas and well sites. A septic system and/or well
site may be located in a secondary conservation open space areaSecondary
Open Space Area provided it does not occupy more than one quarter of the
secondary conservation areaSecondary Open Space Area. No septic system,
repair area and/or well can be located in the primary conservation areaPrimary
Open Space Area.
(6) Provided the arrangement, design, and shape of cluster lots is such that lots
provide satisfactory and desirable sites for building, and contribute to the
preservation of designated Primary and/or Secondary Conservation Open Space
Areas, minimum lot area, lot width, and setback requirements as specified in
Article 3 of this Ordinance may be reduced as set forth below.
(a) For Major Subdivisions, the mMinimum lot area requirements may be
reduced by 65% of the minimum lot size permitted by the zoning
district including any overlay district requirements; however, minimum
lot area may not be smaller than 40,000 square feet within a watershed
protection overlay district where lots are served by individual septic
systems.
(a)(b) For Minor Subdivisions utilizing this option, the minimum amount of
open space may increase beyond amount per UDO 7.12.4 (A) (2).
(b)(c) Minimum lot width requirements may be reduced to 100 feet in the AR
and R1 Districts. Minimum lot width requirements may be reduced by
30% in all other zoning districts.
(c) Minimum front, rear, and side setback requirements may be reduced
by 25% but shall be no less than ten feet.
(d) Minimum lot frontage requirements may be reduced to 20 feet for lots
fronting on culs-de-sac and “T” turnarounds.
(e) Minimum spacing between building envelopes and the subdivision
boundary or off-site public street right-of-way shall be 100 feet and
may be counted as open space.
(7) Conservation-clusterConservation Cluster subdivision road(s) shall be designed
to provide internal access to all lots in the subdivision. Private driveways shall
access existing state maintained roads only via subdivision roads providing
internal access to lots in the subdivision.
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(8) Cluster lots shall be restricted against further subdivision through deed
restrictions and/or permanent conservation easements. Primary and Secondary
Conservation Open Space Areas shall be dedicated to Orange County, another
unit of local government, the State of North Carolina, a private non-profit land
conservancy or a homeowners association.
(C) Village Option32
Villages represent a modified form of cluster development intended to serve as physical,
social, and economic focal points in rural portions of the county. Consequently, villages
are appropriate locations for civic uses, such as schools and churches, as well as a
variety of economic functions, including stores and workshops, and residential building
types designed to accommodate a range of socio-economic groups.
(1) The location, size, and composition of each village will be a function of the
development potential of the land associated with the settlement, including, but
not limited to:
(a) The zoning of the site, including the maximum allowable number of
dwelling units;
(b) The method of water supply and sewage disposal, including the
number of approved disposal sites;
(c) The presence of Primary and Secondary Conservation Open Space
Areas, including contiguous areas located on adjoining properties;
(d) The presence of existing and/or proposed transit routes and corridors,
and areas of future urban growth; e.g., Transition Areas; and
(e) The presence of protected watersheds, including defined critical areas.
(2) Villages shall meet the following general standards:
(a) Village Proper
The village proper is the village, comprised of residential units with
associated commercial, office, and service functions.
(i) The village proper may not exceed 100 acres in size and shall be
built in a compact manner so as to permit pedestrian
accessibility to its center within a five minute walk.
(ii) The village proper is to be distinguished from the village
conservancy by a well-defined "edge" of closely spaced buildings
in contrast with the open space of the conservancy.
(iii) A village proper may not be located closer than one-half mile
from the edge of another village proper, and every effort shall be
made to keep the separate settlements visually distinct.
(iv) The village proper is to be built in a generally rectilinear pattern
of interconnecting streets, defined by buildings, street furniture,
and landscaping, as places to be shared equally by pedestrians
and automobiles.
(v) A hierarchy of parks and squares is to be provided and
distributed strategically throughout the village and culminate in a
central civic space called the “Village Green.”
(vi) Village lots shall be restricted from further subdivision through
deed restrictions and/or permanent conservation easements.
32 Staff had recommended this provision become a new Conditional Zoning district. This will be addressed as part
of a future UDO amendment package. For now staff is recommending minor text changes to ensure consistency
throughout the document.
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(vii) The village proper may be composed of four uses: Storefront
Uses, Townhouse Uses, single-family detached Residential
Uses, and Workshop Uses. These uses and the standards
applicable to each are described in (3) below.
(b) Village Conservancy
The village conservancy is a continuous open space area surrounding
the village proper, representing the land from which dwellings have been
transferred to the village proper.
(i) In lieu of a continuous open space area, a village conservancy
may consist of open space and estate lots, provided all estate
lots meet the standards of (A) above.
(ii) Open space within the village conservancy shall consist of
designated Primary and/or Secondary Conservation Open Space
Areas.
(iii) The amount of land set aside as open space in the village
conservancy shall comprise at least 33% of the total land area in
the subdivision and shall be no less than 100 feet in width at any
place, except for short connecting links.
(iv) Primary and Secondary Conservation Open Space Areas within
the village conservancy shall be restricted from further
development through dedication to Orange County, another unit
of local government, the State of North Carolina, a private non-
profit land conservancy or a homeowners association, including
the recording of conservation easements.
(3) Village Development Standards
The specific standards applicable to the village proper and its component parts
are described in the following tables.
TABLE 7.1312.4.C.3: VILLAGE DEVELOPMENT STANDARDS
GENERAL PROVISIONS
Land Use
Land within a village shall be available for uses as provided in this subsection (C).
Mixed uses of buildings is encouraged in central areas of the Village Proper, and single-story, single-
use buildings are discouraged.
Land
Allocation
Similar land use categories shall generally front across streets, and dissimilar categories may abut at
rear property lines.
Corner lots which front on streets of dissimilar use categories shall be designated the category with
the greater intensity of use.
Lots &
Buildings
Lot design and building placement within each area of the village proper should be varied to create a
distinct character, and permit a range of activities and intensities of use.
All buildings, except outbuildings, shall have their main entrance opening to a street or square.
Stoops, open colonnades, and open porches may encroach into the front yard setbacks.
Buildings placed less than five feet from a side property line shall be windowless on those sides
(does not apply to front and back); provided, however, small ventilation windows and clerestory
windows are permitted.
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TABLE 7.1312.4.C.3: VILLAGE DEVELOPMENT STANDARDS
Streets &
Alleys
All lots and tracts within the village proper shall have access to pedestrian and vehicular routes.
Every village proper shall have two access points to paved roadways designated as collector and/or
arterial streets.
There shall be a continuous network of alleys to the rear of the lots in the Village Proper. Alleys shall
be 16 feet in paved width if two-way; 12 feet in paved width if one-way.
Every village proper shall provide a pedestrian network which includes parks, squares, sidewalks
along streets, and alleyways through blocks. The network shall link all parts of the village proper,
making walking easier than driving. Wherever practicable, streets shall be aligned in such a way that
they provide terminal vistas of parks, greens, commons, squares, and large buildings of a public,
semi-public or civic nature.
No block face shall have a length greater than 500 feet without an alley providing through access.
Streetlamps, between eight and 15 feet in height, and equipped with incandescent or metal halide
lights, shall be installed on both sides of streets at all street intersections and at mid-block where
block lengths exceed 400 feet.
Parking
On-street parking directly fronting a lot shall count toward fulfilling the parking requirement.
The number of required off-street parking spaces may be reduced by demonstrating the availability of
shared parking.
Parking lots shall be located at the rear or at the side of buildings. Such lots shall be screened from
the sidewalk by a masonry wall or wood fence, no less than 75% opaque, built along the property
line, and at least three feet in height.
Street trees shall be installed within four feet of the property line abutting a street at no more than 40
foot intervals. They shall be deciduous and of varieties that obtain a mature height of at least 50 feet.
Adjacent parking lots shall have internal vehicular connections.
PUBLIC & CIVIC USE PROVISIONS
Land Use
Land designated as part of Public and Civic Uses may include the following:
Parks and squares; and
Community buildings and facilities, including meeting halls, libraries, post offices, schools, day care
centers, churches, civic clubs, police and/or fire substations, recycling centers, maintenance facilities,
and similar uses.
Large scale recreational uses shall be located outside the village proper within the village
conservancy.
Land
Allocation
At least 10% of the land area in the village proper shall be set aside for Public and Civic Areas.
Each village proper shall contain a central civic space or "village green" of at least one acre in size.
The village green shall be surrounded on at least three sides by Storefront and/or Townhouse Areas
which may include closely spaced, detached row houses, and storefront buildings or "shops".
Each village proper shall contain a "meeting hall" located adjacent to the village green, designed and
sized to accommodate a village meeting, constructed in the early stages of village development, and
owned and operated by the residents of the village; e.g., the homeowners association.
The requirement of providing a "meeting hall" may be satisfied through assurances that a community
center, school or church may be used for and is of sufficient size to accommodate a village meeting.
At least 5% of the land area in the village proper shall be arranged in a series of parks and squares
designed to serve as focal points for residential neighborhoods, and linked together by a system of
pedestrian sidewalks and avenues. Wherever possible, they shall be positioned to form "terminal
vistas" at the ends of streets or along bends in the street alignment.
At least 2% of the land area in the village proper shall be designated for other permitted public and
civic uses such as schools, day care centers, churches, and similar uses.
Land included in the village green, parks, and squares, may be counted toward satisfying the 33%
open space requirement.
Lots &
Buildings
Buildings located in Public and Civic Areas shall be subject to the same setback and height
standards of uses on adjacent lots. For example, a meeting hall located adjacent to a Townhouse
Area shall meet the same setback and building height standards as required for buildings in a
Townhouse Area.
Streets &
Alleys
Streets fronting on Public and Civic Area lots shall conform to the same standards as land uses
across from or adjoining the lots. For example, the streets fronting a meeting hall located adjacent to
a Townhouse Area shall meet the same standards as required in a Townhouse Area.
Street trees shall be installed within four feet of the property line abutting a street at no more than 40-
foot intervals. They shall be deciduous and of varieties that obtain a mature height of at least 50 feet.
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TABLE 7.1312.4.C.3: VILLAGE DEVELOPMENT STANDARDS
Parking
The number of parking and loading spaces shall be provided in accordance with Section 6.9 of this
Ordinance.
No fewer than 75% of the parking spaces shall be located to the rear of the building being served.
The remaining spaces shall be accommodated in curbside parallel spaces and/or in side parking lots
screened from the street.
STOREFRONT USE PROVISIONS
Land Use
Land designated for Storefront Uses may be used for the following purposes:
Personal service shops, including, but not limited to, barber and beauty shops, tailors, shoe repair,
dry cleaners, and similar uses.
Specialized retail stores, including, but not limited to, the sale of gifts, novelties, flowers, books,
antiques, jewelry, apparel, toys and crafts, stationery, and similar uses. Corner groceries, general
stores, hardware stores, and drug stores are also permitted.
Restaurants, excluding fast food and/or drive-in establishments.
Business and professional offices, including, but not limited to, real estate and insurance offices,
travel agencies, medical and dental offices, opticians, banks and financial institutions (excluding
drive-in windows), lawyers, engineers, and similar uses.
Studios for art, dance, music, and photography.
Accessory residential apartments built over stores and offices. Where provided, at least 25% of the
floor area shall be designated for residential use.
Land
Allocation
Not more than 5% of the land area in the Village Proper shall be designated for Storefront Area use.
Storefront Area lots shall have a minimum lot frontage of 16 feet.
A maximum of five lots may be combined for the purpose of constructing a single building.
Setback requirements on combined lots shall be the same as for single lots.
Lots &
Buildings
Buildings lots shall have their front facade; e.g., building wall facing the street, built to within five feet
of the front property line along at least 70% of the lot frontage.
The unbuilt portion of the lot frontage shall have a masonry wall or wood fence, no less than 75%
opaque, built within five feet of the property line, and at least three feet in height.
Buildings shall have no setback from at least one side property line except on corner lots where the
side yard setback adjacent to the street shall be five feet.
Building coverage may not exceed 70% of the lot area.
Buildings may not exceed three stories in height.
Streets &
Alleys
Lots shall front on a street with a maximum right-of-way width of 70 feet, consisting of at least two 12-
foot travel lanes, 8-foot parallel parking on both sides, and 12-foot sidewalks on both sides.
Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, containing a
vehicular pavement width of at least 12 feet if one-way or 16 feet if two-way.
Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They shall
be deciduous and of varieties that obtain a mature height of at least 50 feet.
Provision shall be made for service delivery, utility poles (if any), and trash collection at the rear lot
line.
Parking
The number of parking and loading spaces shall be provided in accordance with Section 6.9 of this
Ordinance.
Not less than 75% of the parking spaces shall be located to the rear of the building. The remaining
spaces shall be accommodated in curbside parallel spaces and in side parking lots screened from
the street.
TOWNHOUSE USE PROVISIONS
Land Use
Land designated for Townhouse Uses may be used for the following purposes:
Attached dwellings including townhouses and apartments.
Day care centers.
Bed and breakfast establishments.
Retirement centers.
Home occupations of a professional and/or office nature when located on the second floor of a
permitted outbuilding.
An accessory residential apartment when located on the second floor of a permitted outbuilding.
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TABLE 7.1312.4.C.3: VILLAGE DEVELOPMENT STANDARDS
Land
Allocation
Not more than 5% of the land area in the Village Proper shall be designated for Townhouse Area
use.
Townhouse Area lots shall have a lot frontage of 50 feet.
A maximum of 12 lots may be combined for the purpose of constructing a single building containing
apartments.
Setback requirements on combined lots shall be the same as for single lots.
Lots &
Buildings
When attached, townhouses shall generally not comprise more than 15% of the street frontage in a
residential district.
Buildings shall be set back either five feet or 15 feet from the front property line.
The lot frontage shall have a masonry wall, wood fence or hedge, no less than 50% opaque, built
within five feet of the property line, and at least three feet in height.
Buildings shall have no required setback from side property lines except on corner lots where the
side yard setback adjacent to the street shall be five feet.
Building coverage may not exceed 70% of the lot area.
Buildings may not exceed three stories in height.
One outbuilding is permitted on each lot, provided its ground floor area does not exceed 450 square
feet, it does not to exceed two stories in height, and it is located within 30 feet of the rear property
line and at least four feet from one side property line.
Streets &
Alleys
Lots shall front on a street with a maximum right-of-way width of 60 feet, consisting of at least two 12-
foot travel lanes, 8-foot parallel parking on both sides, and 6-foot sidewalks on both sides.
Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, containing a
pavement width of at least 12 feet if one-way or 16 feet if two-way.
Provision shall be made for service delivery, utility poles (if any), and trash collection at the rear lot
line.
Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They shall
be deciduous and of varieties that obtain a mature height of at least 50 feet.
Parking
The number of parking and loading spaces shall be provided in accordance with Section 6.9 of this
Ordinance.
All off-street parking spaces shall be located to the rear of the building, with access through an alley
only. On-street parking shall be provided in parallel spaces.
RESIDENTIAL USE PROVISIONS
Land Use
Land designated for Residential Uses may be used for the following purposes:
Detached single-family dwellings.
Home occupations of a professional and/or office nature when located on the second floor of a
permitted outbuilding.
An accessory residential apartment when located in a permitted outbuilding.
Land
Allocation
At least 40% of the land area in the Village Proper shall be designated for House Area use.
Densities within Residential Use areas should decrease as distance from the Village Center
increases.
House Area lots shall have an average lot frontage of 75 feet.
A maximum of two lots may be combined for the purpose of constructing a single building.
Setback requirements on combined lots shall be the same as for single lots.
Lots &
Buildings
Buildings shall be set back between 15 feet and 25 feet from the front property line.
On at least 30% of all Residential Use area lots, the lot frontage shall have a masonry wall, wood
fence or hedge, no less than 50% opaque, built within five feet of the property line, and at least three
feet in height.
Buildings shall be set back from the side property lines equivalent (in total) to no less than 20%
percent of the lot width. The entire setback may be allocated to one side.
Buildings shall be set back no less than 30 feet from the rear property line.
Building coverage may not exceed 50% of the lot area.
Buildings may not exceed two stories in height.
One outbuilding is permitted on each lot, provided its ground floor area does not exceed 450 square
feet, it does not to exceed two stories in height, and it is located at least four feet from one side
property line. There is no setback requirement for outbuildings from the rear property line.
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TABLE 7.1312.4.C.3: VILLAGE DEVELOPMENT STANDARDS
Streets &
Alleys
Lots shall front on a street with a maximum right-of-way width of 60 feet, consisting of at least two 12-
foot travel lanes, 8-foot parallel parking on one side, and a 5-foot sidewalk on one side.
Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, containing a
vehicular pavement width of at least 12 feet if one-way; 16 feet if two-way.
Provision shall be made for service delivery, utility poles (if any) and trash collection at the rear lot
line.
Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They shall
be deciduous and of varieties that obtain a mature height of at least 50 feet.
Parking
The number of parking and loading spaces shall be provided in accordance with Section 6.9 of this
Ordinance.
All off-street parking spaces shall be located to the side or rear of the building. When access is
through the lot frontage, garages and carports shall be located a minimum of 10 feet behind the front
building wall line. Front-facing garage doors shall be painted to match the color of the main house.
WORKSHOP USE PROVISIONS
Land Use
Land designated for Workshop Uses may be used for the following purposes:
Farm service support establishments.
Building and landscaping contractors.
Establishments involved in the repair, assembly, and/or manufacture of products which require only
hand or table mounted electrical tools.
Automotive service uses, including the servicing and repair of automobiles, and sale of automobile
parts, but excluding body repair shop and automobile storage.
Warehousing and distribution establishments, provided all storage is conducted entirely within a
building.
Land
Allocation
Not more than 2% of the land area in the Village Proper shall be designated for Workshop Area use.
Workshop Area lots shall be grouped together, located at the edge of the Village Proper, and be no
closer than 500 feet to the Village Green.
Workshop Area lots shall have a maximum lot frontage of 150 feet.
A maximum of two lots may be combined for the purpose of constructing a single building.
Setback requirements on combined lots shall be the same as for single lots.
Lots &
Buildings
Buildings shall not be required to provide setbacks from front or side property lines.
Workshop Area lots shall be separated from other types of use categories at the side or rear property
lines (except an entry onto an alley) by a continuous masonry or wood wall of not less than 10 feet in
height or by a landscaped buffer of 100 feet in width.
Building coverage may not exceed 70% of the lot area.
Buildings may not exceed two stories in height.
Streets &
Alleys
Lots shall front on a street with a maximum right-of-way width of 60 feet, consisting of at least two 12-
foot travel lanes, 8-foot parallel parking on one side, and 5-foot sidewalks on both sides.
Lots shall have their rear lot lines coinciding with the right-of-way of a 24-foot alley, containing a
vehicular pavement width of at least 12 feet if one-way; 16 feet if two-way.
Provision shall be made for service delivery, utility poles (if any) and trash collection at the rear lot
line.
Street trees shall be planted on both sides of the street at no more than 40-foot intervals. They shall
be deciduous and of varieties that obtain a mature height of at least 50 feet.
Parking
The number of parking and loading spaces shall be provided in accordance with Section 6.9 of this
Ordinance.
All off-street parking spaces shall be located to the side or rear of the building.
On-street parking spaces shall be curbside, and parallel to the curb.
7.13.57.12.6 Street Standards
All streets in Flexible Developments shall conform to the standards contained in Section 7.8.3 or
7.8.4 and 6.17 of this Ordinance, provided, however, private roads will be permitted as follows:
(A) The number of lots served by a private road shall be limited as specified by the Orange
County Private Road Standards in Section 7.8.4 of this Ordinance.
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(B) Where a Flexible Development has 12 lots or less, the street system may consist of
different classes of private roads provided a logical hierarchy of private roads is planned,
with those of lower classification connecting to those of higher classification.
(C) Where a Flexible Development has more than 12 lots, the street system may consist of
public streets and private roads provided:
(1) The street system in the development forms a logical hierarchy of thoroughfares
with streets of lower classification connecting to streets of higher classification;
(2) The development contains no more than 50 lots;
(3) All entrance roads serving the development are public streets;
(4) All streets which stub-out at property lines to provide for the extension of or
connection to future street systems are public streets; and
(5) Private roads are not proposed as part of a Village (Section 7.13.4 (C))7.12.5
(C)) except in the Village Conservancy portion of the development.
(D) Private, dead-end roads may be terminated in a cul-de-sac or "T" turnaround. Where a
"T" turnaround is used as the terminus for a private road, the dimensions (e.g., turning
radius) of the "T" shall be sufficient to allow emergency service and trash collection
vehicles adequate room to turn around.
(E) Existing street rights-of-way may not count toward the minimum 33% open space
requirement. However, new street rights-of-way may be counted but only to the extent
that they are required to pass through or by open space uses as defined herein to link
one buildable portion of a site with another; and they are located and/or constructed so
as to have no adverse impacts on Primary and Secondary Conservation Open Space
Areas.
7.13.67.12.7 Water Supply and Sewage Disposal Facilities
Water supply and sewage disposal facilities to serve Flexible Developments may be provided
through the use of:
(A) Individual wells and septic tanks provided either on each lot or in off-lot locations
protected through recorded easements; or
(B) A community water and/or sewage disposal system designed, constructed, and
maintained in conformity with all applicable state, federal, and local rules, regulations,
and policies; or
(C) Connection to a water and/or sewage disposal system operated by a municipality,
association, or water or sewer authority. System extensions are permitted only in
accordance with applicable water and sewer, and land use policies and shall be sized
only to serve the Flexible Development for which the system is extended; or
(D) A combination of the above alternatives.
7.13.77.12.8 Design Guidelines
(A) Determining Density or Lot Yield
(1) Overall density shall be based upon the minimum lot size requirements of the
zoning district in which the Flexible Development is to be located and on the
basis of a Conventional Subdivision or "Yield" Plan conforming to the regulations
governing lot dimensions, land suitable for development, and street design.
Although such plans shall be conceptual in nature and are not intended to involve
significant engineering or surveying costs, they must be realistic.
(2) Potential building lots and streets must not be shown in areas that would not
ordinarily be permitted in a Conventional Plan i.e., Special Flood Hazard Areas,
wetlands, steep slopes, etc.).
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(3) If the residential lots are proposed to be served by septic systems, the “Yield”
plan shall show soil suitability for individual septic tanks by a preliminary soil
suitability analysis performed in the field on at least 50% of the proposed lots with
all of the proposed lots located on a map showing the location of soil types suited
for septic systems based on the Orange County, N.C. Soil Survey. The soil
suitability analysis and map shall be prepared by a Soil Scientist in consultation
with the Soil Scientist of the Environmental Health Division of the Orange County
Health Department.
(4) The number of lots achieved through the preparation of a Conventional
Subdivision or “Yield” Plan is the number of lots which must be used in preparing
the Flexible Development Plan. The number of lots may not be increased through
the proposed use of an alternative or community sewage disposal system.
Increases are permitted, however, at the Preliminary Plan stage where a more
detailed soils analysis clearly demonstrates that a greater number of lots is
achievable than shown on an approved Concept Plan.
(B) Design Process
Flexible Development subdivisions shall be designed around both the Primary and
Secondary Conservation Open Space Areas, which together constitute the total required
open space. The design process should therefore commence with the delineation of all
potential open space, after which potential house sites are located. Following that,
access road alignments are identified, with lot lines being drawn in as the final step.
This "four-step" design process is further described as follows:
(1) Open Space Designation
(a) All potential Conservation Open Space Areas, both Primary and
Secondary, shall be identified using a Site site Analysis analysis Map
map as described in Section 7.14.2(A)(3).
(b) Primary Conservation Open Space Areas shall consist of those
features described in Section 7.13.3(C)(1).7.12.4 .
(c) Secondary Conservation Open Space Areas shall comprise at least
half of the remaining land and shall include the most sensitive and
noteworthy natural, scenic, and cultural resources as described in
Section 7.13.3(C)(2).7.12.4.
(d) Guidance as to which parts of the remaining land to classify Secondary
Conservation Open Space Areas shall be based upon on-site visits
and the criteria contained in Section 7.13.8.7.12.4
(2) House Site Location
(a) Potential house sites shall be tentatively located.
(b) The proposed location of houses within each lot represents a
significant decision with potential impacts on the ability of the
development to meet the criteria contained in Section 7.13.87.12.4.
(c) Generally, house sites should be located no closer than 100 feet from
Primary Conservation Open Space Areas.
(d) House sites may be situated 50 feet from Secondary Conservation
Open Space Areas to permit the enjoyment of scenic views without
negatively impacting Primary Conservation Open Space Areas.
(3) Street and Lot Layout
(a) Proposed streets shall be aligned to provide vehicular access to each
house in the most reasonable and economical manner.
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(b) When lots and access streets are laid out, they shall be located in such
a way that avoids or at least minimizes impacts on both Primary and
Secondary Conservation Open Space Areas.
(c) To the greatest extent practical, wetland crossings and streets
traversing slopes over 15% shall be strongly discouraged unless such
streets link one buildable portion of a site with another and no other
means of access is available.
(4) Drawing in the Lot Lines
(a) Lot lines shall be drawn around potential house sites.
(b) Each lot must contain a buildable area of sufficient size to
accommodate a single-family detached dwelling and customary
accessory uses, including, but not limited to, storage buildings and
garages, patios and decks, lawns, and driveways.
(c) Individual wells and septic systems, where these are to be provided,
may be located within the undivided conservation lands if sufficient
space is not available on the lots.
7.13.87.12.9 Evaluation Criteria
(A) Generally
(1) All open space planning shall show consideration of the specific physical
characteristics of the land parcel being developed, meet open space design
goals, and adhere to the three fundamental land characteristics of open space as
set forth in Section 7.13.3(B)(5).7.12.4.
(2) At any given site, the types of resources may vary widely in character (e.g., a
natural area compared to a historic site) and each type of resource may have
areas of greater or lesser significance (e.g., a notable example of local
vernacular building traditions compared to a much altered older home). Priorities
for conserving such resources should therefore be based upon a thorough site
analysis and an understanding of what is more special, unique, noteworthy,
environmentally sensitive, and/or historic as compared with other similar features
or different types of resources.
(3) In evaluating the layout of lots and open space, the criteria in (B) through (G)
below will be considered as indicating design appropriate to the site's features
and meeting the intent of the Flexible Development standards.
(4) Whereas diversity and originality in lot layout are encouraged, it is recognized
that not all objectives may be achieved on a given site. Each applicant must
therefore to achieve the best possible relationship between development and
preservation objectives.
(B) Criteria Applicable to all Flexible Development Projects
The following criteria apply to all Flexible Development projects:
(1) The shape and placement of open space shall meet the following:
(a) Be reasonably contiguous;
(b) Be coherently configured;
(c) Shall abut existing or potential open space on adjacent properties;
(d) Be supportive of stated open space goals;
(e) Should not be overly fragmented as to minimize edges; and
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Where the goal of the Flexible Development project is to conserve scenic views, the
following criteria apply:
(1) Leave scenic views and vistas unblocked or uninterrupted, particularly as seen
from public roadways. Consider "no-build, no-plant" buffers along public
roadways where views or vistas are prominent or locally significant.
(2) In wooded areas where a sense of enclosure is a feature to be maintained,
consider a "no-build, no-cut" buffer created through the preservation of existing
vegetation.
(3) Where development is located in unwooded areas clearly visible from existing
public roads, it should be buffered from direct view by a vegetative buffer or an
earth berm constructed to reflect the topography of the surrounding area.
(4) Protect rural roadside character and scenic views by providing larger lots (e.g.,
two acres or more) adjacent to existing public roads.
(5) Protect rural roadside character and vehicular carrying capacity by avoiding
development fronting on existing public roads and limiting access to all lots from
interior rather than exterior roads.
(6) Unless buildings can be effectively screened or buffered with trees, avoid siting
new construction on or close to prominent hilltops or ridges where rooflines are
seen above the horizon.
(F) Historic and Archaeological Features
Where the goal of the Flexible Development project is to conserve historic and
archaeological sites and structures, the following criteria apply:
(1) Design around and preserve sites of historic, archaeological or cultural value so
as to safeguard the character of the feature(s), including fences and walls, farm
outbuildings, burial grounds, abandoned roads, and earthworks.
(2) New streets, driveways, fences, and utilities must be sited so as not to intrude
unnecessarily on rural, historic landscapes. Wherever possible, streets and
driveways are to follow existing hedgerows, fence lines, and historic farm drives.
(3) New developments must include plantings which incorporate native species and
historic landscape materials so as to harmonize with the character of the area.
(4) Building designs and styles used in new construction should be compatible with
the architectural style of historic buildings located on or adjacent to the site,
especially in terms of scale, height, roof shape, and exterior materials.
(G) Recreation Provision
Where the goal of the Flexible Development project is to provide recreation and parks
facilities for neighborhood residents and/or the general public, the guidelines contained in
Section 7.11 shall apply.
7.13.97.12.10 Density Bonuses for Major Subdivisions
For Major Subdivisions Tthe maximum number of building lots or dwelling units in a Flexible
Development shall not exceed the number that could otherwise be developed by the application
of the minimum lot size requirement and/or density standard of the zoning district or districts in
which the parcel is located. However, increases in the number of building lots or dwelling units
are permitted through at least one of the following two options.
(A) To Encourage Affordable Housing
A density increase is permitted pursuant to Section 6.18 of this Ordinance where the
Flexible Development provides on-site or off-site housing opportunities for low or
moderate-income families.
(B) To Encourage Additional Open Space
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(1) A density increase is permitted where more than 33% of the total land area in the
Flexible Development is set aside as protected open space. The amount of the
density increase shall be based on the following standard:
(a) For each additional acre of protected open space provided in the
Flexible Development, one additional building lot or dwelling unit is
permitted.
(2) In lieu of providing additional open space in the Flexible Development, the
applicant may purchase in fee simple or less than fee (e.g., development rights)
land separate from the Flexible Development which is comprised of Primary
and/or Secondary Conservation Open Space Areas as defined in Section 7.13.3I.
The amount of the density increase shall be based on the following standards:
(a) For each five acres of Primary Conservation Open Space Area
preserved off-site, one additional building lot or dwelling unit is
permitted.
(b) For each two acres of Secondary Conservation Open Space Area
preserved off-site in areas which require a two-acre minimum lot size,
one additional building lot or dwelling unit is permitted.
(c) For each one acre of Secondary Conservation Open Space Area
preserved off-site in areas which require a 40,000 square foot
minimum lot size, one additional building lot or dwelling unit is
permitted.
(3) Land purchased in fee may be dedicated to Orange County. For land purchased
in less than fee, a conservation easement dedicated to Orange County shall be
recorded which restricts the development potential of the land.
(4) Location of Open Space Bonus Units
Density increases to encourage additional open space are limited to Flexible
Developments proposed in the following locations:
(a) Within Transition Areas as designated in the Land Use Element of the
Comprehensive Plan. Within such areas, the maximum permitted
density is 2.5 dwelling units per acre unless the applicant obtains
approval of a zoning district classification which permits a higher
density.
(b) Outside of Transition Areas but within an area designated for service
by a utility provider as part of an adopted long-range water and/or
sewer extension plan. Within such areas, the maximum permitted
density is 1.3 dwelling units per acre.
(c) Outside of Transition Areas but within 3/4 of a mile of an interstate
corridor or a major thoroughfare designated as a high occupancy
vehicle (HOV)/busway route as part of an adopted regional transit plan.
Within such areas, the maximum permitted density is 2.5 dwelling units
per acre.
(d) Outside of Transition Areas but within 1/2 mile of a transit station
designated as part of an adopted regional transit plan. Within such
areas, the maximum permitted density is five dwelling units per acre.
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Within these locations, public water and sewer service may be extended,
provided the applicant can demonstrate that such service is necessary to serve
the density increases achieved through the use of the bonus option(s) described
above.
7.12.11 Additional Submittal Requirements
In addition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary Plats
or Minor Subdivision Final Plats, applications must:
(A) Identify the development as a Flexible Development Subdivision.
(B) Include a Wwritten site analysis accompanied by an illustrative site map, which identifies
the following:
(1) Slopes 7½ - 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
(4) Significant stands of trees,
(5) Significant examples of a particular species of tree occurring in a native stand
and specimen trees,
(6) Drainage and waterways,
(7) Special flood hazard areas,
(8) Significant rock outcroppings,
(9) Significant scenic vistas,
(10) Soils with limitations for on-site wastewater systems and building development,
(11) The manner in which the plan makes adequate provision for water and
wastewater treatment, and
(12) The relationship of the plan to the physical environment, the neighborhood in
which it is proposed to be established, and the intent of the provisions providing
for the establishment of a cluster subdivision.
Section 7.14:SECTION 7.13: SPECIFICATIONS FOR PLAT DRAWINGS
The requirements of this Section shall apply to the format of drawings.
7.14.17.13.1 Minor Subdivisions
(A) Concept Plan
The required Concept Plan for Minor Subdivisions consists of:
(1) A scaled copy of a current Orange County GIS Map for the property denoting its
current orientation and layout. This map may be obtained from the Planning
Department for a fee in accordance with the adopted fee schedule and shall
contain at a minimum the following information:
(a) Contour lines,
(b) Soils,
(c) Water features, and
(d) Any known easements.
(2) A scaled drawing in black ink or pencil detailing the proposed division of property
including, but not limited to, the following:
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(a) The scale of the drawing,
(b) A north arrow,
(c) The date of preparation,
(d) The Parcel Identification Number (PIN) number(s) of the lot(s) subject
to the application,
(e) The proposed property lines for each lot,
(f) Common Open Space lots, including type and acreage, for each lot,
including acreage and layout,
(e)(g) Site features A Site Analysis Map as outlined in UDO 7.13.2 (A)(3)
below,
(f)(h) The delineation of any known and required stream buffers on the
proposed lot(s);,
(g)(i) The proposed method for ingress and egress including a description of
how each lot will be afforded access,
(h)(j) A narrative detailing the development of all proposed roadways. ,
(i)(k) A private road justification, if required under Section 7.8,
(j)(l) Proposed acreages for residential and common open space areas
within lots, and
(k)(m) Any other reasonable relevant information.
(B) Final Plat
Final plats shall adhere to the specifications contained in Section 7.14.3.
7.14.27.13.2 Major Subdivisions
(A) Concept Plan
(1) In General
(a) The required Concept Plan for Major Subdivisions consists of three
parts:
(i) A Site Analysis Map;
(ii) A Conventional Subdivision Option; and
(iii) A Flexible Development Option.
(b) The Concept Plan shall be prepared according to the “four-step”
process for designing Flexible Development subdivisions, as described
herein.
(c) The Concept Plan shall be drawn in black ink or pencil to a scale of not
less than 200 feet to the inch. The scale chosen shall be large enough
to show all required detail clearly and legibly.
(2) Required General Information
Each Site Analysis Map and Development Option shall contain the following
general information:
(a) A sketch vicinity map showing the location of the subdivision in relation
to the existing street or highway system;
(b) The plotted boundaries of the tract from deeds or maps of record and
the portion of the tract to be subdivided;
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(c) The total acreage to be subdivided, including tax map, block and lot
number reference;
(d) The name, address and telephone number of the subdivider or owner
and the person responsible for the subdivision design;
(e) Scale, approximate north arrow and date of plat preparation; and
(f) Name of subdivision.
(3) Site Analysis Map
As determined from readily identifiable on-site inventories, aerial photographs,
maps of record, State/Federal resource maps, and local planning documents and
inventories, the Site Analysis Map shall contain the following information:
(a) Primary Conservation Open Space Areas
Identification of physical resources associated with the site which restrict
its development potential or contain significant natural and/or cultural
resources, including:
(i) Topographic contours at ten-foot intervals, showing rock
outcrops and slopes of 7 ½% to 15%, and more than 15%.
(ii) Soil type locations and characteristics relating to seasonal high
water table and depth to bedrock.
(iii) Hydrologic characteristics of the site, including drainage
tributaries, surface water bodies, floodplains, and wetlands.
(iv) Natural areas, and wildlife habitats and corridors.
(v) Historic and archaeological sites listed on the National Register
of Historic Places or included on the State’s National Register
study list, designated as a local historic landmark, located in a
local historic district, and/or identified as having a high potential
for archaeological remains.
(b) Secondary Conservation Open Space Areas
Identification of significant site elements on buildable portions of the site,
including:
(i) Vegetation of the site, defining approximate location and
boundaries of woodland areas, and, wherever possible,
vegetative association in terms of species and size. Information
from aerial photographs shall be acceptable at the Concept Plan
stage.
(ii) Current land use and land cover (cultivated areas, pastures,
etc.), existing buildings and structures, and burial grounds.
(iii) Scenic views onto the site from surrounding roads as well as
views of scenic features from within the site as determined by
field survey.
(iv) Other historic and archaeological sites and structures.
(c) Transportation and Utility Systems
Identification of facilities associated with the movement of people and
goods, or the provision of public services, including:
(i) Railroad and street rights-of-way.
(ii) Easements for vehicular access, electric and gas transmission
lines, and similar uses.
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(iii) Proposed streets, pavement or travelway widths shall be
denoted as well as typical roadway cross sections. The
approximate centerline radius shall be shown on all proposed
streets.
(iv) Proposed street names shall be indicated on the plat. Such
names shall not duplicate or approximate the name of any other
street in Orange County except where a proposed street is the
continuation or extension of an existing street.
(6) Utility and Drainage Data
(a) Proposed utility systems shall be shown on the plat, including but not
limited to:
(i) Public or private community water supply systems,
(ii) Public or private community sewage disposal systems, and
(iii) Storm drainage facilities, including existing and proposed
drainageways and channels.
(b) Any easements associated with such utility systems shall also be
denoted and the purpose for the easements designated on the plat.
(7) Landscaping and Buffer Data
The following information shall be denoted on the Preliminary Plat to
demonstrate compliance with the provisions of Section 6.8 of this Ordinance:
(a) Existing trees and/or vegetation to be preserved and proposed trees
and/or landscape materials to be installed.
(b) Required buffers.
(8) Special Flood Hazard Area (SFHA) Standards
(a) The boundary of the Special Flood Hazard Area zoning overlay district
shall be designated and labeled on the plat as required by this
Ordinance.
(b) For subdivisions located within a Watershed Protection Overlay
District, as identified on the Orange County Zoning Atlas, the following
information shall be designated and labeled on the plat:
(i) Impervious surface data as required by Section 4.2 of this
Ordinance;
(ii) Stream buffers as required by Section 6.13 of this Ordinance;
and
(iii) Stormwater detention and/or retention sites and undisturbed
areas for infiltration purposes as required by the Section 6.14 of
this Ordinance.
7.14.37.13.3 Final Plat Specifications
(A) Plat Preparation
(1) The Final Plat shall be drawn in accordance with the requirements of G.S. 47-30
as amended and to the specifications of this Section. The plat shall be prepared
by a Professional Land Surveyor at a scale of not less than 100 feet to the inch
nor more than 20 feet to the inch.
(2) All Final Plats shall be prepared in accordance with the Manual of Practice for
Land Surveying in North Carolina as prepared by the North Carolina State Board
of Registration for Professional Engineers and Land Surveyors.
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(B) Title Block
A title block shall be placed on the plat, which shall contain the following information:
(1) The name of the subdivision, preceded by the words “Final Plat of
____________”, which shall not duplicate nor closely approximate, phonetically
or in spelling, the name of any other subdivision in Orange County, and, where
the plat at hand is only part of a larger subdivision bearing the same name, the
unit or section number of other necessary identification;
(2) The graphic scale in feet per inch in words or figures and bar graph; a north
arrow accurately positioned and designated as magnetic north, true north, North
Carolina State Plane Coordinate Grid System North or north referenced to a
recorded instrument with the recording reference shown; the date or dates the
survey was conducted; and any other pertinent legend data;
(3) State, county and township location; tax map, Parent PIN, block and lot number
references; and deed book and page number citations for the property being
subdivided; and
(4) The name and address of the owner(s) of the land being subdivided; the name
and address of the subdivider if other than the owner; and the name and
address, registration number and seal of the land surveyor responsible for
preparation of the plat.
(C) Vicinity Map
(1) A vicinity map showing the general location of the subdivision in relation to the
surrounding area shall be placed on the plat.
(2) The vicinity map shall be drawn at a sufficient size to show the relationship of the
tract to the existing street or highway system and readily recognized Orange
County landmarks.
(3) The vicinity map shall show the street names in addition to the State Road (S.R.)
designations.
(D) Existing Site Data
Information on existing conditions shall be shown as noted below.
(1) Boundary Lines
(a) The location, distance and bearings for the boundary line of the tract to
be subdivided.
(b) Areas not designated as lots that will be under common ownership
such as a conservancy, public agency or similar entity or a
homeowners’ association’s ownership shall be appropriately labeled as
tracts.
(c) Locations of corporate limits or Extraterritorial Zoning Jurisdiction (ETJ)
lines, township boundaries, and county lines.
(d) The names of owners and Parcel Identification Numbers (PIN) of
adjacent land.
(e) For adjacent land that is platted, the subdivision plat name, plat book
and page number abutting the tract to be subdivided shall also be
shown.
(2) Other Conditions
(a) If any portion of the final plat includes land referenced in the “Inventory
of the Natural Areas and Wildlife Habitats of Orange County, North
Carolina” it shall be shown on the plat.
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(ii) Stream buffers as required by Section 6.13 of this Ordinance
shall be delineated with widths noted on the Final Plat.
(iii) Development restrictions within the stream buffer shall be
specified in a separate document to be recorded concurrently
with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(iv) Storm water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section 4.2 and
6.13 of this Ordinance shall be delineated and labeled on the
Final Plat.
(v) Any restrictions or requirements associated with the
detention/retention sites shall be specified in a separate
document to be recorded concurrently with the Final Plat. The
Deed Book and Page reference shall be noted on the Final Plat.
(6) Open Space and Protection of Natural and Cultural Resource Areass
(a) Any areas identified in the “Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina” shall be shown on the
Final Plat.
(b) A description of the resource, and the conditions of subdivision
approval, which assure its protection shall be included in a document
of describing development restriction to be recorded concurrently with
the plat.
(b)(c) Common Open Space areas indicating the type (e.g.,
Primary/Secondary) and, the use (e.g., passive trails), of the land area
shall be included on the final plat., the fee simple owner of the land,
and/or the holder of the easement.
(F) Certificates and Endorsements
(1) General
The Final Plat shall be made by or prepared under the supervision of a
Professional Land Surveyor licensed to practice in the State of North Carolina
and shall contain a certificate as required by Section 47-30 of the General
Statutes and prepared in substantially the following form and acknowledged by a
notary public:
“I, ___________, certify that this plat was drawn under my supervision from (an
actual survey made under my supervision) (deed description recorded in Book
____, Page ____, etc.) (other); that the ratio of precision is 1: __________; that
the boundaries not surveyed are shown as broken lines plotted from information
found in Book ____, Page ____; that this map was prepared in accordance with
G.S. 47-30 as amended. Witness my hand and seal this _____ day of
____________, A.D., 20___.”
Seal or Stamp
Surveyor Registration Number
(The surveyor shall also certify on the plat as required by G.S. 47-30 (f) (11) as
amended.)
(2) Certificates of Dedication and Maintenance
(a) The following certificate shall be printed on the Final Plat and shall be
followed by the signature of the owner(s) of the property being
subdivided acknowledged by a notary public.
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Child Care Facility
Includes child care centers, and any other child care arrangement not excluded by General Statute 110-
86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not
operated for profit.
a) A child care center is an arrangement where, at any one time, there are three or more pre-school
children or nine or more school-aged children receiving child care.
b) A family child care home is a child care arrangement located in a residence where, at any one
time, more than two children, but fewer than nine children, receive child care.
Church
A structure in which persons regularly assemble for religious worship, which is maintained and controlled
by a religious body organized to sustain public worship.
Club or Lodge, Private
An establishment operated by a corporation or association of persons for social, recreational, fraternal or
charitable purposes, but which is not operated for profit or to render a service which is customarily
conducted as a business.
Cluster Development
A subdivision in which building lots are grouped together through a transfer of allowable density within the
subdivided tract. Cluster development permits more efficient development by creating lots with gross
land areas smaller than those required for conventional lot-by-lot development, yet maintains application
of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot
size reductions be reserved as permanent open space and/or recreation space.
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
Commercial-Industrial Transition Activity Node Land
Land near major transportation routes that could be provided with public water and wastewater services
and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office
and limited (not to exceed 25% of any Node) higher density residential uses.
Commercial Transition Activity Node Land
Land focused on designated road intersections within either a 10- or 20-year transition area that is
appropriate for retail and other commercial uses.
Common Area
A portion of a development not attributed to an individual lot or owner that is designed for the common
usage of the subdivision or development. These areas include Common Open Spaces, entry features,
subdivision facilities, mail kiosks, sidewalks, parking lots, and walkways. Construction and maintenance of
such areas is the responsibility of the homeowner’/property owners’ association.
Common Open Space, Common
Privately held land area set aside, dedicated, owned, and maintained for common use, access,
and enjoymentbenefit of multiple ownerslots. This type of open space is held within within a defined lot or
a defined easement area for coomon useage. It may be either restricted to the owners via
Homeowner’/Property Owners’ Association (HOA/POA), or open to others as specified by the
Association.
Primary Open Space, Primary
These areas have sensitive environmental features and/or significant cultural resource areas, which
may make them legally or practically unbuildable. These areas are reserved for passive uses (e.g.,
forests, pastures, meadows) and low impact active uses (e.g., trails, natural observation).
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Secondary Open Space Secondary
Alll open spaces areas other than Primary Open Space as defined above.
: Open Space, Utility
A subset or category of open space that defines the type and/or intensity of its use. Utility areas are
typically open but contain public and/or private utilities and services. Examples include utility lines or
easements (e.g., water, sewer, gas, power), septic drain fields, and repair areas. Additional recreation
use of these areas is typically limited based on the type of utility requirements that are in place.
Community Center
A new or existing facility that is owned or operated by a non-profit group from the community for non-
commercial activity.
Community Farmers’ Market
An enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats,
commodities, plants, crafts, etc. For the purpose of this definition, “local” means Orange County and
counties that share a border with Orange County.
Composting Operation
A facility designed and used for transforming food, yard waste and other organic material into soil or
fertilizer through biological decomposition. This does not include backyard composting bins serving
individual families.
Comprehensive Plan
An internally consistent and compatible statement of policies for the long term, physical development of
that portion of Orange County under County jurisdiction, consisting of a statement of development
policies and maps and text setting forth objectives, principles, standards and plan proposals for physical
development.
The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County
such as a township, a watershed or an interstate highway interchange. Technical information and/or task
force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix
of or as a supplement are also considered part of the Comprehensive Plan.
Concentrating Solar Thermal (CST) Devices
Systems that use lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight
into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat
source for either a conventional power plant, such as a steam power plant, or a power conversion unit,
such as a sterling engine. Also known as Concentrated Solar Thermal (CST).
Conditional Districts
A zoning technique authorized by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed
upon individualized development conditions as part of the legislative rezoning process. The Conditional
Use District and Conditional Zoning Districts are subsets of the term Conditional Districts. Land may be
placed in a conditional district only upon petition of all of the owners of the land to be included; said
petition must be approved following the procedures set forth in Section 2.9 of this Ordinance.
Conditional Use District (CUD)
A floating zoning district that has no permitted uses. Applications for a CUD must link the CUD to a
general use zoning district and conform with all applicable development regulations for the corresponding
general use zoning district. CUDs require approval of both a rezoning application and Class A Special
Use Permit; see Sections 2.9.1 and 3.8.
Conditional Zoning District (CZD)
A specific floating zoning district with specific permitted uses, as detailed within this Ordinance..
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Farm Equipment Rental, Sales and Service
An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment,
including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other
large, heavy-duty types of equipment used in the construction or farming industries but not including
horse trailers, trucks, or other vehicles designed for use on public roads.
Farm Supply Store
An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm
supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products,
and the like may be an ancillary activity.
Federal Emergency Management Agency (FEMA)
The agency of the federal government chiefly responsible for studying and mapping flood plains and
developing guidelines limiting development therein.
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
Fertilizer
Any substance containing nitrogen or phosphorous which is used primarily for its plant food content.
Financially Responsible Person
In regards to soil erosion and sedimentation control provisions, and party or entity who has financial or
operation control over a land-disturbing activity and/or the landowner or party/entity in possession or
control of the land who had directly or indirectly allowed a land-disturbing activity or had benefited from
such activity.
Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
Flexible Development
A subdivision in which greater flexibility and design creativity is encouraged and allowed to preserve
agricultural and forestry lands, natural and cultural features, and rural community character that might
otherwise be lost through conventional development approaches. At lease one-third (33%) of the land
within a Flexible Development subdivision must be set aside as open space which may be preserved
through:
a) An “estate lot” approach option where all land is subdivided into lots four acres or greater in size,
building lot area including setbacks are established on 50% of each lot, and the land area outside
such area is preserved as open space provided that front and side yard setback areas shall not
be counted toward meeting the minimum open space requirement except as specified by
provisions of Section 8.13.4; or
b) A “conservation-cluster” approach option where lot sizes are reduced and the land saved through
such reductions is preserved as open space on separate lots owned and maintained through a
homeowners association, a non-profit land conservancy or unit of state or local government; or
c) A “village” or modified cluster approach option where dwelling units are clustered around a village
green and supporting shops, and the village is surrounded by open space; or
d) Some combination of the above.
Floating Zoning District; Floating Zone
A zoning district that is defined in the text of the Ordinance but which is applied or mapped only upon the
approval of a rezoning application/petition.
Flood and Flooding
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-31
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Conservation Areas" and "Secondary Conservation Areas", as defined in Section 7.13, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Common Open Space, Common
Privately held land area set aside, dedicated, owned, and maintained for common use, access, and
benefit of multiple lots. This type of open space is within a defined lot or a defined easement area for
coomon useage. It may be either restricted to the owners via Homeowner’/Property Owners’ Association
(HOA/POA), or open to others as specified by the Association.
Primary Open Space, Primary
These areas have sensitive environmental features and/or significant cultural resource areas, which limits
their development potential.
Secondary Open Space Secondary
All open spaces areas other than Primary Open Space as defined above.
Open Space, Utility
A subset or category of open space that defines the type and/or intensity of its use. Utility areas are
typically open but contain public and/or private utilities and services. Examples include utility lines or
easements (e.g., water, sewer, gas, power), septic drain fields, and repair areas. Additional recreation
use of these areas is typically limited based on the type of utility requirements that are in place.
Open Space - (land use intensity)
A. Open space is the total horizontal area of uncovered open space plus half the total horizontal
area of covered open space subject to limitations set forth below.
B. Uncovered open space is total gross land area not covered by buildings, plus open exterior
balconies and roof areas improved as recreation space.
C. Covered open space is usable open space closed to the sky, but having two clear unobstructed
open or partially open sides. Partially open sides is to be construed as 50% or more. Examples
of covered space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage countable as
covered open space shall not exceed the square footage of the open space sides.
Open Space Ratio
The minimum square footage of open space required for each square foot of gross land area. This area
includes parking and vehicular access areas and it can also include balconies, and roofs improved for
recreation.
Outdoor Advertising Industry
The organizations that provide outdoor displays or display space on a lease or rental basis.
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s) within the confines of a defined
property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck.
Outdoor Lighting, Cutoff Fixture
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-55
Study Area, Traffic Impact
The area in which a traffic impact analysis will be made and extending approximately one half mile along
roadways adjacent to a development project and in both directions from all access points or to a major
intersection along these roadways.
Subdivider
Any person or persons, firm or corporation subdividing land within the jurisdiction of this Ordinance.
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites or other divisions for the
purpose of sale or building development (whether immediate or future) and includes all division of land
involving the dedication of a new street or a change in existing streets.
Subdivision, Exempt
a) The combination or recombination of portions of previously subdivided and recorded lots if the
total number of lots is not increased and the resultant lots are equal to or exceed the standards of
the County, including private road justification standards, as detailed within this Ordinance.
b) The division of land into parcels greater than 10 acres if no street right-of-way dedication is
involved.
c) The public acquisition by purchase of strips of land for widening or opening streets.
d) The division of a tract in single ownership of the entire area of which is no greater than two acres
into not more than three lots, if no street right-of-way dedication is involved and if the resultant
lots are equal to or exceed the standards of the County as shown by its subdivision regulations.
Subdivision, Major
Any division of land that is not classified as an Exempt or Minor subdivision.
Subdivision, Minor
A division of a tract of land that does not:
a) Create more than five lots for conventional design options, or more than 12 lots for flexible
development, including the residual acreage, from any one tract of land in any 24 month period;
b) Dedicate or improve any new public street other than widening an existing public street;
c) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots;
d) Necessitate the installation of drainage improvements which would require easements through
one or more lots to serve other lots; and
e) At the option of the applicant, involve vesting of the subdivision for a period greater than one
year.
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of “substantial improvement.” Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a ten-year
period for which the cost of repairs at the time of each such flood event, on the average, equals or
exceeds 25% of the market value of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed. The term does
not, however, include either any correction of existing violations of State or Orange County health,
sanitary, or safety code specifications which have been identified by the Orange County code
enforcement official and which are the minimum necessary to assure safe living conditions, or any
alteration of a historic structure provided that the alteration will not preclude the structure's continued
designation as a historic structure.
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