HomeMy WebLinkAboutOCPB agenda 120716ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, December 7, 2016
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
3 – 4
INFORMATIONAL ITEMS
a. Planning Calendar for December and January
• Planning Board Chair/Vice-Chair Election in January
3.
5 – 8
9 – 16
APPROVAL OF MINUTES
November 2, 2016 ORC Notes
November 2, 2016 Meeting Minutes
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB) to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges to the residents of Orange County its respect. The Board asks
its residents to conduct themselves in a respectful, courteous manner, both with the Board
and with fellow residents. At any time, should any member of the Board or any resident fail
to observe this public charge, the Chair will ask the offending member to leave the meeting
until that individual regains personal control. Should decorum fail to be restored, the Chair
will recess the meeting until such time that a genuine commitment to this public charge is
observed.
6. CHAIR COMMENTS
1
No. Page(s) Agenda Item
7. 17 – 63
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To make a
recommendation to the BOCC on government-initiated amendments to
the text of the UDO to modify the Mobile Home Park Conditional Zoning
District (MHP-CZ) to a Home Park Conditional Zoning District (HP-CZ).
The reclassified district would allow for both permanent mobile homes
and recreational vehicles (RVs) on a temporary basis. This item is
scheduled for the February 13, 2017 quarterly public hearing.
Presenter: Patrick Mallett, Planner II
8. 64 – 66
PUBLIC HEARING PROCESS – 1-YEAR REPORT: To provide comments and
input into a report staff is preparing for the Board of County
Commissioners that will review one year of public hearing items. This 1-
year report was requested by the BOCC when the revisions to the public
hearing process were adopted in November 2015.
Presenter: Perdita Holtz, Planning Systems Coordinator
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
< November December 2016 January>
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
4 5 6 7 8 9 10
Regular BOCC
Meeting
7:00 pm
Whitted
Building
Planning Board
meeting @
7:00 pm
WCOB 004*
11 12 13 14 15 16 17
Board of
Adjustment
7:30 pm
WCOB 004
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Center
18 19 20 21 22 23 24
OUTBoard
meeting @
6:30 pm
WCOB 004
Holiday
25 26 27 28 29 30
Holiday Holiday
3
< December January 2017 February >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
Holiday ORC-
Time TBD
Planning Board
Meeting
7:00pm
WCOB 004
8 9 10 11 12 13 14
Board of
Adjustment
Meeting
7:30 pm
WCOB 004
15 16 17 18 19 20 21
Holiday OUTBoard
meeting @
6:30 pm
WCOB 004
22 23 24 25 26 27 28
Regular BOCC
Meeting
7:00 pm
Whitted
Building
29 30 31
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
4
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 NOVEMBER 2, 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; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; Maxecine Mitchell, At-Large Bingham 9
Township; Lisa Stuckey, Chapel Hill Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia 10
Roberts, Cheeks Township Representative; 11
12
13 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning 14
Systems Coordinator; Patrick Mallett, Planner II, Rachel McCook, Planner I; Meredith Kern , Administrative Assistant II. 15
16
17 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 18 19
Lydia Wegman called meeting to order. 20
21
22 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – TEMPORARY RESIDENTIAL UNITS 23 CONDITIONAL DISTRICT 24
To review and comment upon proposed amendments to the UDO that would establish a new 25
conditional zoning district for temporary housing units. 26 Presenter: Patrick Mallett, Planner II 27 28
Patrick Mallett reviewed the abstract. 29
30
Lisa Stuckey: I don’t understand why we have to go through these charades. 31
32
Patrick Mallett: That’s the way the state building code, the health codes, all of the codes are defined. 33
34
Lisa Stuckey: So these are not built to habitable standards? 35
36
Patrick Mallett: Yes, once you go beyond that magic day it becomes a permanent structure or residence. 37
38
Lisa Stuckey: So what about the tiny homes? On TV I’ve seen tiny homes subdivisions. These are very permanent. 39
40
Patrick Mallett: They’re not. You could do a subdivision, theoretically, with 10 lots and do 10 tiny homes that meet the 41
minimum lot standards. I think part of the rub is unless you do something like a cluster subdivision, you end up with a 300 42
square foot tiny home on a 1-acre lot. It may work, it may not. I think that the cost of the land basis kind of drives that out of 43
the realm of reality. It definitely does in the Rural Buffer where you’ve got 2-acre to 5-acre lots. 44
45
Tony Blake: They’re doing it in Chatham County but when they did it there was no zoning at all so they were able to pull it 46
together. 47
48
Patrick Mallett: Right now, you would either build the tiny home on a foundation that could be a stick built, and most of them 49
are not long enough. You can also build to a modular home standard; a mobile home standard; or now an RV Park Model 50
Standard of construction. 51
52
Lydia Wegman: I don’t know. The ones I’ve seen that are not that big. 53
54
5
Patrick Mallett: The framing ultimately becomes an issue. You’ll see a lot of the literature will say, “These are energy efficient, 55
they’re sustainable”. Well yeah, that’s true but they have solar on them because they can’t meet the electrical code. In other 56
words, the spacing requirements for the electrical wiring and the framing doesn’t work out. Literally, these things are so short 57
you can’t frame a window and a door, and a structural frame and get all the electrical wiring or the framing to work to meet 58
those code requirements. So that’s the rub. It’s not a hatred for a smaller home. 59
60
Lisa Stuckey: So if you took a mobile home park and you wanted to put all tiny homes in it then it would end up being all 61
temporary? 62
63
Patrick Mallett: Or they would be underpinned and built to the mobile home standard. I think a lot of people are realizing that 64
we need to allow for these tiny homes, but do them to the mobile home standard and go in a mobile home park or do it as a 65
camper unit and put it in an RV park. As it stands today the RV part of this really, we don’t have an allowance for that. The 66
only way you can have an RV and stay off of your property is you can park one obviously, but you’re not supposed to have 67
Cousin Eddy living there. So if somebody enterprises and said, “Hey, there’s a market. I want to do an RV park,” they would 68
have to get a SUP for a camp retreat center. It’s the only way that they could do it. 69
70
Tony Blake: There are some with that business model. They existed before. 71
72
Patrick Mallett: That’s right. They’re grandfathered in. So how do you know that but also realize that there are changes in the 73
market place and there are people that need to come here for a period of time and they can’t afford to stay in an extended 74
stay, or a hotel. This is an alternative, same thing with a mobile home. I think that there may be people that want to do a tiny 75
home, not so much a single or doublewide type of product. So that’s the essence of the text change. It just so happens that 76
Allen said, “you know the Department of Environmental Health just released guidelines on a white paper and it has a nice 77
description code, all of those nuances about the RV park model, what is a recreational vehicle and everything else”, so I 78
brought this along as a handout and if you want I can ask Allen and or Michael to come to the Planning Board meeting and 79
give you their pieces. I’ll meet with them and go over the nuts and bolts and technical minutia. We’re meeting with the legal 80
team tomorrow. And Ashley Moncado of our office has been working with the group that’s been working on affordable, 81
sustainable, tiny home stuff and so I’ve asked her to speak so we can make sure this is in sync with that effort, which is not 82
this. 83
84
Lydia Wegman: It’s not the same thing? 85
86
Patrick Mallett: Their focus is tiny home. 87
88
Lydia Wegman: And will they be defining tiny home? 89
90
Patrick Mallett: I think it is still murky. There are all kinds of ideas and no clear legal way to define it. And that’s part of her 91
advice that I’m going to lean on. For legal purposes, a tiny home is to be built to an RV standard or built to a mobile home 92
standard. And that’s that. There’s a new term that’s emerging called micro-home. So my thought is I don’t want to wait. And 93
the building code is not there. They don’t have a standard. Their response to this day is it’s either a RV, a mobile home, a 94
modular home, or a single-family home. And the reason they do that is that RV’s have license plates. It’s built to a 95
transportation standard. It’s never intended to be a permanent residence. Mobile home is built to a different standard that’s 96
been vetted, and approved, and tested. Like I said, the basic section is that we need to change and the 2 districts. The mobile 97
home park district conditional use and the TRU, Temporary Residential Unit. 98
99
Tony Blake: Where are the close districts? Are they just not… 100
101
Patrick Mallett: We have no plans to re-zone something the TRU CZ. That would be upon someone… They would file a case, 102
they would have to show us a site plan, specify where thee stalls and the spaces are it would be virtually the same. 103
104
Tony Blake: Is there any minimum acreage size or anything like that? 105
106
Patrick Mallett: Same acreage. For the purposes of impact on the surrounding area, all the setbacks, all the minimum acreage 107
requirements are the same as a mobile home lot. 108
6
109
Tony Blake: How would the septic be figured? 110
111
Patrick Mallett: If you’re doing homes you would have to have a lot, you would have to have a septic system; you would have 112
to have a well, making permanent connections. 113
114
Tony Blake: But if you’re doing a mobile home park it’s different? And that would follow that same standard. 115
116
Patrick Mallett: Yeah. Because there’s not a lot so it’s a space… Conventional standards are from the driveway. And they’re 117
really designed so that people can come in and come out and emergency services can service and solid waste can service 118
them. One of the interesting things that is… A tiny home is the only way that you can get a single bedroom septic system. 119
120
Lisa Stuckey: Could those houses made out of container boxes? 121
122
Patrick Mallett: As long as you can build it to a standard it could be made out of recycled plastic. But it has to meet a code. 123
124
Lydia Wegman: Does it have to meet a building code of some kind? 125
126
Tony Blake: Well it has to meet a mobile home standard. 127
128
Patrick Mallett: The HUD standards for Mobile Homes, yeah. 129
130
Tony Blake: But the problem is with the tiny homes is that cost per square foot is so much greater than it is for a mobile home. 131
And so it’s hard to justify. 132
133
Lisa Stuckey: But they’re taking those containers and making them into houses. But it’s the same, are they mobile or not 134
mobile? 135
136
Patrick Mallett: Yeah, exactly. And what standard are the built to, and what type of utilities are the hooked up to (permanent or 137
not)? This is part 2 of those 4 text changes that are moving through. Michael’s got one of them that will be part 3. I see it as a 138
step in the right direction and at least we can give the people some answers and some guidance versus you can live in a 139
camp retreat center if you get it approved. So our goal is to get this one to the February Public Hearing. 140
141
Tony Blake: One more question. How does this fit with accessory use, or does it? 142
143
Patrick Mallett: It’ll be the same as it applies for others. There’s supervision in there for the sheds. So let’s say you had an RV 144
park, you had common open space, it’s owned by the landlord, and you have a caretaker. Theoretically you could get a shed 145
and for an extra $5 a month you get a shelf in the storage accessory structure. But the same rules would apply as accessory 146
shed structures. 147
148
Paul Guthrie: I’ve got a question. We have some in my house that watch all these tiny building shows that are on TV, so that’s 149
my exposure. But one of the things those show is that there’s a growing range of cost on things of a similar size. Has there 150
been any effort or any movement towards trying to get some more common definitions of these various alternatives? 151
152
Patrick Mallett: That’s the affordable housing part of this that Ashley is involved in. We’re getting into the mobile home park 153
and the RV park part of it. The sustainability, affordability part is a much bigger then, and then defining it. I think they’ve spent 154
a long time trying to define. 155
156
Paul Guthrie: There’s a broad range in those general exposures. 157
158
Patrick Mallett: Exactly. You ask 10 people what a tiny home is and 5 of them are probably going to say, “Like that show” and 159
the other 5 are going to have very different opinions in what that is. But by far I think the most common product has wheels on 160
it and a chasse and is built to either no standard or an RV standard. 161
162
7
Lydia Wegman: So should we expect some changes following your meeting with the attorneys and? 163
164
Patrick Mallett: Yeah. This is the first. We’ve gone through the first pass of this and then we’ll put the legal vice grips through 165
it. 166
167
Lydia Wegman: I want to speak in sport of Lisa’s plan. I think it’s worth it to look into doing something smaller than 10-acres, if 168
possible. 169
170
Patrick Mallett: Ok. That’s a good point. And I think that there probably will be some experimentation. For example, the 171
gentleman on Orange Grove Road is like, “I’m not going to completely convert this stuff on a speculative rolling the dice and 172
throwing it on the table, but I’m willing to convert a couple of the stalls and see what happens.”. And his idea was that there’s a 173
market and it’s a good idea to get involved in that. There are nuances with regard to a RV park versus a mobile home park. 174
Mobile home parks tend to rent by the month. RV parks tend to rent by the day or the week. And from a maintainer standpoint 175
that’s a pain. But it may be worth it, willing to try, that’s part of his input. 176
177
Lydia Wegman: Are there advantages of being a RV park? 178
179
Patrick Mallett: A lot of interest. And the other part of this that I think pertains to that bigger discussion is that some of these 180
things, based on where you put it and how it’s classified, impact your ability to get a mortgage. If it’s got wheels it’s probably 181
going to depreciate. But this is about the zoning and the panning part of it. That’s it. 182
183
184
Lydia Wegman closed the meeting. 185
186
187
188
___________________________________ 189
Lydia Wegman, Chair 190
8
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 NOVEMBER 2, 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; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; 10
Kim Piracci, At-Large; 11 12 13 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; 14
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; 17
Planning Systems Coordinator; Patrick Mallett, Planner II, Rachel McCook, Planner I; Meredith Kern, Administrative 18
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 November and December 27
28
Lydia Wegman informed the Board of the quarterly public hearing on November 21st and a regular Planning Board 29
meeting on December 7th. 30
31
32 AGENDA ITEM 3: APPROVAL OF MINUTES 33 OCTOBER 17TH REGULAR MEETING 34 35 MOTION by Tony Blake to approve the October 17, 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
9
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: Zoning Atlas Amendment - To make a recommendation to the BOCC on government 70
initiated amendments to the Zoning Atlas modifying the existing zoning boundaries for non-71
residentially zoned parcels within the Bingham, Cheeks, and Cedar Grove Townships to 72
address nonconforming issues. This item is scheduled for the November 21, 2016 quarterly 73
public hearing. 74
75
The amendments will involve approximately: 76
• 3 parcels within the Bingham Township, 77
• 8 parcels within the Cheeks Township, and 78
• 5 parcels within the Cedar Grove Township 79
80
Presenter: Michael Harvey, Current Planning Supervisor 81
82
Michael Harvey reviewed the abstract 83
84
Tony Blake: Did Mr. Allen’s property used to be a gas station and are the old tanks are gone? 85
86
Michael Harvey: It did used to be a gas station but I am uncertain about the status of the tanks. There has no record 87
of contaminants at the property. 88
89
Lydia Wegman: What are the possible consequences for these property owners? 90
91
Michael Harvey: Some property owners raised concerns about their property taxes going up, which is a possibility 92
since there will be more commercially zoned area of their property subject to tax. Also, some property owners do not 93
want to put the effort into getting their property rezoned. 94
95
Craig Benedict: The original zoning atlas maps were not on GIS maps and that they were on not to scale tax maps 96
that were hand drawn with no reference to air photos. 97
98
Lydia Wegman: What are the consequences of rezoning the Efland Real Properties to General Commercial? 99
100
Michael Harvey: General Commercial is an intensive commercial zoning district and allows for a myriad of different 101
uses. There is no site plan associated with this property so any of the permitted uses could be developed subject to 102
site plan approval. 103
104
Tony Blake: What is going on with the state road that goes through the parcel at Mill Creek and Carr Store? 105
106
Michael Harvey: Either the state road bisected the property or this was always part of one big parcel. 107
108
10
Claude Breeze: I live adjacent to the PCDP LLC property to the north. Is the parcel currently zoned to have an 109
automotive repair shop on it? Several nearby residents, including myself, are concerned about possible oil leaks and 110
well contamination. 111
112
Michael Harvey: Currently it is not zoned for that use; however, it is staff’s contention the property should have 113
previously been zoned as EC-5 as there has always been an automotive repair shop at that property. When the 114
township was zoned in 1994 it should have been zoned EC-5 at that time. What we are proposing is to zone the 115
property to EC-5 at this time. 116
117
Philip Ezel: My name is Phillip Ezel and I own the property off of Walnut Grove Church Road. I have to meet state 118
and local requirements regarding possible contamination and that any contamination on the property would prevent 119
me from possibly selling it in the future without spending a lot of money to get it fixed. To my knowledge there has 120
not been contamination of anybody’s well water from any leaking on my property. If I cause a problem for someone’s 121
well then I will fix it. I want to be a good neighbor. 122
123
Paul Guthrie: I need some clarification on the setbacks and buffers for this parcel. 124
125
Michael Harvey: It has to observe a 35 foot setback off of the property line from the road, a 20 foot setback from all 126
other property lines, and according to the buffer regulations, EC-5 zoned properties are essentially required to have a 127
100 foot buffer. 128
129
Unidentified audience member: What about the cars parking on the property? This should not be a junkyard. 130
131
Claude Breeze: I believe Mr. Ezel has disturbed vegetation on my property and there may be cars parked on my 132
property as well. 133
134
Phillip Ezel: There are some discrepancies regarding the property line with my property and Mr. Breeze’s property 135
that have to be worked out. Also, I am unable to move the cars from my property until the State of North Carolina tells 136
me I can move them as they have been towed. 137
138
Paul Guthrie: I am not sure I understand what you are saying and need clarification. 139
140
Buddy Guthrie: If a garage or tow truck company tows away a car that has been abandoned or breaks down on the 141
side of the road, the company has to hold onto it for a specific period of time. This is to allow the owner to pay any 142
fines associated with it having to be towed away if it was abandoned and designated to be removed by DOT or law 143
enforcement. A tow truck company cannot do anything with it until a specific period of time has passed and it can be 144
disposed of. 145
146
Michael Harvey: I should hasten to add that if Phillip Ezel or any of the other property owner’s that were discussed 147
tonight sells their property the same regulatory standards would still apply with respect to required buffers and 148
setbacks. Also I should point out there are still four more townships to review as part of this project. 149
150 MOTION by Paul Guthrie to approve statement of consistency and to approve the proposed zoning atlas amendment 151
package as amended by the staff. Seconded by Tony Blake. 152 VOTE: UNANIMOUS 153
154
155
Agenda Item 8: Planning Board Annual Report and Work Plan – To discuss the annual input form which 156
informs the BOCC of the past year’s activities of advisory boards/commissions and assists in 157
overall County work planning. 158 Presenter: Craig Benedict, Planning Director 159
160
Craig Benedict reviewed the abstract. 161
162
11
Kim Piracci: There was an affordable housing lady here once. It seems to me that one thing that was brought up 163
was that affordable housing isn’t available in Chapel Hill and Carrboro, a lot because the students are renting the 164
affordable housing and driving the cost of that up. And it seems like since there are some dorms empty the 165
University could require freshman and sophomores to stay on campus. Thus, alleviating some affordable housing 166
issues. What happened with that idea? Anything at all? 167
168
Craig Benedict: Yes. They’re been rebuilding on their campus new dorms for the last 7-8 years, and they have 169
moved a lot of people back onto campus. Now at the same time they want to increase the enrollment. Speaking 170
with UNC there’s probably more people living on campus percentage wise than there are in a lot of universities. 171
That’s probably something that we’re not going to immediately be able to resolve among the Planning Board. That’s 172
another issue. What we can help with is, in the designated areas under our jurisdiction, what we can do to suggest 173
areas for density increases for multi-family or something like that. You’ll probably see one of the initiatives that 174
we’re talking about is new regulations for recreational vehicle zoning or the Commissioners have put away some 175
money for either Mobile Home Park, maintenance reinforcement to keep them so they don’t go away, or possibly 176
the creation of a new mobile home park. Where if the mobile home park gets purchased and you lose 20 lots there 177
we could have another place for them to go in the interim. So that’s the type of housing creativity. That we are 178
allowed the clustering of houses, different size houses. We don’t have any rules in our zoning code that say every 179
house has to be 1500 square feet in this zone and 2000 square feet in that zone. There are some local 180
governments around the United States that do have those types of standards. We amended our school impact fees. 181
They’re not adopted yet. To say that someone that has an 800 square foot or smaller house has to pay an 182
extremely reduced fee; I mean, you still could have children in a small house. But it’s not the $11,423 you have to 183
pay for a single-family house in Chapel Hill. It’ll be $500. 184
185
Tony Blake: So you’re going to put a sliding impact fee based on square footage? 186
187
Craig Benedict: Based on square footage in that case, bedroom count in another case. We’re finding out that multi-188
family 3 bedroom plus have equivalence to the generation rate to an equivalent 3 bedroom house. So there’s been 189
a dramatic suggestion for a change with the multi-family in the Chapel Hill and Carrboro school district. It was only 190
$1286 for any type of multi-family unit down there. It wasn’t based on bedroom count. And now it’ll be $10,000 on a 191
3 bedroom plus unit. The 0-2 bedroom multi-family units are relatively small impacts. So we’re switching around a 192
bit and now that we saw the technology we have now to have some better mapping and cover uses better, similarly 193
with information about new housing. So you’ll see some more stuff come forward with smaller lots. In the rural 194
areas of the county I think the smallest lot is 65% less than a 40,000 square foot, which is almost like an acre. In an 195
area we would like to go even smaller. If you can put an 800 square foot house you don’t need a 20,000 square foot 196
lot. 197
198
Tony Blake: Affordable housing is always best deployed where the work is and that unfortunately is also where the 199
university is. So the competition there in Chapel Hill is terrible and that leads to the gentrification where people or 200
landlords buy up a lot of the older houses, split them up into many bedrooms and you have people parking on the 201
lawn. So I don’t know how you solve that but I still think the University has to be a part of that. 202
203
Craig Benedict: And there may be an opportunity in the coming year that if the County wants to buy 20-acres of 204
land for affordable housing we may come up with a plan development and make up the standards ourselves, 205
amongst staff, reviewed by this Board and then we’ll say, “who wants to build on this?” so our contribution would be 206
purchasing the land, maybe getting utilities to it and taking it through the entitlement stage, because as you’ve 207
heard the re-zoning process scares a lot of developers. It’s an unknown legislative process. If we take it through the 208
process, that’s a big hurdle out of the way and then they know that they can move quite quickly towards the 209
development of an affordable house. 210
211
Paul Guthrie: The price of land in this county, especially in the bottom half or two thirds, is one of the biggest 212
problems in getting any kind of modest housing. Because you can’t build without a huge land cost and then on top 213
of that, because there’s largely not environmental systems in place of more density for smaller houses you get an 214
extra cost for trying to build a smaller house because of the changing dynamic of this county. I don’t know if this 215
says anything about that in great detail but you’ve heard my sermon about what I think is a dangerous thing to 216
12
continue the limitation of the extension of public utility lines to unbuilt areas of the county. They’re not going to stop 217
it and that’s a rolling cost over time. If you build these smaller places that are on a septic system or even a common 218
septic system 10-15 years from now they’re going to have to have public water or sewage system and that’s going 219
to immediately throw the market out of kilter again. Those are the kinds of things that worry me. 220
221
Craig Benedict: There have been discussions about what creates the higher cost of housing and higher cost of 222
land. And the urban service boundary and restriction, when the demand’s high and the supply’s low that’s what 223
creates it. Now in other parts of the United States where you’ve had these urban service boundaries they were 224
interim urban service boundaries until you built, supposedly as efficiently as you could, inside there and then said, 225
“Hey, we still have another 20,000 people coming, let’s pop the boundary out” after you had preserved whatever 226
green belts. It won’t be me proposing that, to move the rural buffer line. 227
228
Lisa Stuckey: We tried. We tried for a school. You have to get all the jurisdictions to agree and it went nowhere. 229
230
Tony Blake: Yeah, it’s a little like trying to combine the school system. 231
232
Craig Benedict: So with that in mind the intensification of the remaining land is necessary. Probably less single-233
family in the municipal areas; they’re going to have to go. We’re predicting 65% multi-family will probably be 234
occurring on the remaining land. Now in the rural parts of the county there will be single-family and I think there are 235
some opportunities. But we’re trying to still be as efficient as possible and if new housing is put on, well and septic, 236
there needs to be some of those things in mind in case there are failures. This topic we could have a little ORC 237
meeting on it, in the coming months because I think that’s going to be coming up. 238
239
Craig Benedict continued presentation. 240
241
Lydia Wegman: Do you think there’s any chance of consistency? 242
243
Craig Benedict: I think there is. We have an Efland implementation focus group, we might have to bring back that 244
community group and say this is what our goal is. I think that will be a challenge but we might have some that could 245
fit across. We might have some opportunities there. Fiscal impact analysis, maybe not as much activity with this 246
Board, but the idea is to find out all of the different services that are provided by the County. There’s probably not 247
too many Board members here that used to see the fiscal impact template that was included as part of our 248
subdivision analysis. We had it for many years. It got so far out of date and it has really had a lot of weaknesses. It 249
had a lot of good ideas but one of fallacies was that no matter what the school costs were there was going to be 250
revenues coming in to pay for the school cost. So we got rid of that and we don’t make the decision on a 251
subdivision project if it pays for itself. That’s just not our role. 252
253
Tony Blake: I have one comment because we’re voting on a bond now to fix the schools that have been neglected 254
for the last 15 years that weren’t paid for and I don’t know the problems in the school budget or the problems in 255
planning but I think our impact fee structure is not sufficient to maintain the schools or something is not sufficient to 256
maintain the schools. And the bond seems kind of like a backdoor tax increase. I’m not against spending money on 257
schools but I want to make sure that if they have a maintenance item that it should be covered and planned for and 258
that’s the linkage back to here. 259
260
Craig Benedict: That’s a big topic. Our school impact fees are for new development and increasing the capacity for 261
schools and capital costs like buses. The maintenance of the existing schools, we can’t use the money for those 262
purposes. There has been mention of the transfer tax for people that buy and sell houses but that has other 263
consequences. And then the funding formula from the state has changed and leaves the school district short. 264
265
Lydia Wegman: Yeah we used to get capital improvement money and… 266
267
Tony Blake: Right. My understanding is all this maintenance stuff was in the CIP but it was used for expansion. In 268
Chapel Hill it was used to build that brand new wing on the Chapel Hill High School. 269
270
13
Craig Benedict: But you will be part of it so you’ll understand how we’re trying to balance residential growth and 271
non-residential growth. How important it is from that tax based standpoint. There was a request by Chapel Hill to us 272
to share in the incentives towards a development and they said it’s a bonus, the revenue that will come from this 273
new project but it was so vague. They said, “You’ve been approved for 100,000 square feet of residential” and I 274
said, “Well, what type? Single-family, multi-family, 3-bedroom?” and to balance the sheet of fiscal impacts at a 275
County level versus city level. 276
277
Tony Blake: But that’s where the schools and those things are funded, right? 278
279
Craig Benedict: Yeah. It’s a big number. You know our County budget is 48-50% schools and you add health, social 280
services, and you’re probably up to 78% of our budget. 281
282
Craig Benedict continued presentation. 283
284
Tony Blake: We’re going to have to change the watersheds? 285
286
Craig Benedict: We won’t be able to tell people that you cannot put X amount and have phosphorous and nitrogen 287
coming off your lake. And 10 years ago the state would say great, you want to exceed our regulations and so this is 288
how long this is going on. So we have these rules in effect and it’s gotten to the point that it can be challenged. 289
Legislation is clearer and clearer that we cannot do the nutrient request. Now they will be putting what they call 290
those erosion control devices still on the site and we have a very good program in that area. That might ameliorate 291
some of the impacts during construction or if we can convince them to keep it post construction and turn it into a 292
storm water device. But it’s not going to be a mandate. We’ll take it as far as we can but we don’t want that to be 293
challenged and for it to have rippling effect through other things. Michael’s office is working to try to preserve the 294
size of our stream buffers because they exceed state law. We might be able to preserve that because we have 295
some science behind it. 296
297
Craig Benedict continued presentation. 298
299
Tony Blake: I noticed that the towers that were supposed to be built for the emergency services this year didn’t 300
make the budget. 301
302
Paul Guthrie: There’s a lot of turmoil going. Especially in the Southern end of the County between competing 303
communications systems. You’ve got AT&T going in, you’ve got Google messing around right now, and now most 304
recently you’ve got Verizon popping up a new tower south of Ridgeline and Verizon is going with some new ideas 305
of commercialization. So a lot of that is going on. 306
307
Tony Blake: I’ve been working Jim Northrup and sitting in on that group and I think what the solution really is to put 308
up a few towers and engage a company like Chatham Wireless, who has been successful in doing this, I got a 309
meeting together with Jim Northrup and the president of Chatham Wireless to chat about it. But again, it’s getting 310
the towers and getting the towers fed with fiber optics, and building that infrastructure, which the state will allow you 311
to do, as long as you are not in the business yourself. I have one more item to add on there because I sat in on th e 312
emergency services meeting with the fire chiefs and the County Commissioners. The burn building they use to train 313
is going to be shut down because the neighbors are complaining, it’s reached its end of life. The fire chiefs are 314
trying to get together and ask the County to build a training facility or a series of training facilities and this would 315
also be not just emergency service but the sheriff’s department and the police department for driving training and 316
things like that. So that might be something we could get involved in. I don’t know what you think but it seemed to 317
me that there might be some parkland or County owned land that would fit the bill. 318
319
Craig Benedict: Since what’s being suggested is such a multi use project it will probably have to go through some 320
creative zoning; maybe a master plan. 321
322
Michael Harvey: There’s park property on Schley that is actually under conservation easement. It’s talked about not 323
only being a park but a multi-use government site, which could include some of the activities being discussed. 324
14
325
Andrea Rohrbacher: Can I jump back to a quick thing with transportation? Recently I’ve had to use a lot of public 326
transportation and I’ve been astounded at the Go Triangle, the number of buses I’ve been on where the fare boxes 327
don’t work so everybody’s riding free there. Is anybody looking at the technology involved in the card readers? I’ve 328
gotten a ton of free rides on Go Triangle. 329
330
Craig Benedict: Yes, the new buses that we’re ordering, we’re getting the electronic fare boxes so if somebody 331
goes on Go Triangle that also goes on OPT it’s more of a seamless card reading. We’re also trying to get OPT 332
linked with the time, the trip planner so that you know where the OPT buses are and that’s going to take more 333
technology and more money. OPT, based on this year’s budget, will be its own department when they hire a new 334
director. There’s a lot of coordination of course with planning and the MPO but also with the Human Services 335
Agencies and it’s been identified that not just commuter service that Go Triangle likes to do at the morning and 336
evening peak but the public service travel that occurs during the day to get to a health clinic, to get to shopping, and 337
things like that. That needs to be supported by OPT midday, with the smaller buses, the 22 passenger. I think that’s 338
going to be a big thing. But there is trouble with light rail funding, based on the state. These decisions are going to 339
have to be made very soon about where extra funding is going to come from to replace state funding and if not will 340
monies go to an even better augmented bus system to connect us to the Triangle and connect the rural areas to the 341
urban areas. 342
343
Lisa Stuckey: I have one observation. Buddy, I, Andrea, and maybe Maxecine are probably the only ones that 344
remember what the Implementation Bridge was. When we came on it was the end of the UDO revisions and this is 345
now 6 years ago. I just wonder if we need to continue with this big long bridge that’s not very meaningful anymore. I 346
think it’s kind of out of date and it’s a lot of pages and a lot of work and I just wondered if maybe it could not be on 347
the Work plan. 348
349
Craig Benedict: I think it may be time for a transition. We did mention about the quarterly public hearing November 350
21st that I’ll be doing a presentation on transfer of development rights. So this is where things go away but then they 351
come back again. 352
353
Lydia Wegman: What’s this nuisance ordinance? 354
355
Craig Benedict: The nuisance ordinance is somewhat of a dream that Michael and I have. Municipalities have an 356
easier legislative authority to declare things nuisances because it’s more urban and there’s more effects. In the 357
county, if somebody has tall grass, we can’t say anything. So what we would like to suggest is that in our urbanizing 358
area, in our pseudo municipal areas under County jurisdiction, meaning our transition areas and our economic 359
development areas, we think it’s more important to probably have a higher level of aesthetics. Not just aesthetics 360
but property value maintenance in those areas so that we can attract high quality industry. Is that going to be legally 361
sufficient? Will the legislature say the County is doing more than you can? But still, that’s on the list. I go out with 362
our Economic Development Director and in the economic development zones and they don’t look too good. And it’s 363
very difficult to say, “Don’t look over there”. But that’s what’s allowed under the County’s UDO. If it’s a health hazard 364
we can get stuff going but it takes a lot of work to get somebody to clean their property up. So some level of 365
nuisance ordinance would be great in and around our urbanizing areas. 366
367 MOTION by Lisa Stuckey to adopt the report. Seconded by Tony Blake. 368 VOTE: UNANIMOUS 369
370 AGENDA ITEM 9: COMMITTEE/ADVISORY BOARD REPORTS 371
372
a) Board of Adjustment 373
b) Orange Unified Transportation 374
375 AGENDA ITEM 10: ADJOURNMENT 376
377
Planning Board meeting was adjourned by consensus. 378
15
379
380
____________________________________
Lydia Wegman, Chair
16
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 7, 2016
Action Agenda
Item No. 7
SUBJECT: Comprehensive Plan Amendments and Unified Development Ordinance (UDO)
– Revising the Land Use Zoning Matrix and Revising/Renaming of the Mobile Home Park
Conditional Zoning District (MHP-CZ).
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form
2. Excerpt of Draft November 2, 2016
Ordinance Review Committee Notes
3. Statement of Consistency
4. Proposed UDO and Comprehensive
Plan Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To review and comment upon a Planning Director initiated Comprehensive Plan
and Unified Development Ordinance (UDO) text amendments revising the Mobile Home Park
Conditional Zoning (MHP-CZ) District allowing for temporary residential units (e.g. Recreational
Vehicles) and retitling the existing district Home Park Conditional Zoning (HP-CZ).
BACKGROUND: This amendment is in response to a BOCC work session item on February 18,
2016 to review current development regulations and discuss opportunities for allowing more
flexibility with respect to residential development.
During this work session, staff recommended modifying the existing MHP-CZ District to allow for
temporary residential units within mobile home parks, including recreational vehicles (RVs) and
tiny homes constructed to the RV standard. Information from the work session can be viewed
at: http://server3.co.orange.nc.us:8088/weblink8/0/fol/40558/Row1.aspx.
This item was presented to the Ordinance Review Committee (ORC) at its November 2, 2016
meeting. Draft notes from the ORC meeting are contained in Attachment 2.
As a result of various comments received on the proposal, staff has crafted an amendment that:
i. Allows for temporary residential units that allow for up to a 180-day occupancy;
ii. Balances the various state and federal construction standards for temporary and
permanent units; and
17
iii. Allows for a wider range of housing types.
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 varied
housing options.
The Comprehensive Plan text amendment involves modification of Appendix F to change
references to the Mobile Home Park Conditional Zoning (MHP-CZ) district to Home Park
Conditional Zoning (HP-CZ) district.
For more background information please refer to Attachment 1. Proposed text amendment
language for both the UDO and Comprehensive Plan changes can be found in Attachment 4
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 3 and the proposed amendment package as contained in Attachment
4.
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 Comprehensive Plan and UDO 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 3)
and the proposed amendments (Attachment 4) in time for the February 13, 2017
Quarterly Public Hearing.
18
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2016-08
Revise Mobile Home Park Conditional Zoning District (MHP-CZ) to allow for both
manufactured homes and temporary residential units (aka Recreational Vehicles) and
retitle to Home Park Conditional Use (HP-CZ).
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s): Modification of Appendix F Land Use and Zoning Matrix of the
adopted Comprehensive Plan to retitle the Mobile Home Park
Conditional Zoning (MHP-CZ) district to Home Park Conditional
Zoning (HP-CZ) district.
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section(s)
• 2.9.2 Conditional Zoning Districts;
• 3.8 Conditional Districts (MHP-CZ to be retitled HP-CZ);
• 5.2 Table of Permitted Uses;
• 5.5 Standards for Residential Uses; and
• Article 10 Definitions.
Other:
Attachment 1 19
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section(s) 2.3 Comprehensive Plan Amendments
and 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO,
the Planning Director has initiated text amendments to the Mobile Home Park
Conditional Zoning District allowing for temporary residential units, namely
Recreational Vehicles (RVs) and units built to an RV Park Model Standard (e.g.
some types of Tiny Homes built on a chassis) and retitling the district Home Park
Conditional Use District (HP-CZ).
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’.
A Recreational Vehicle (RV) is currently defined within Article 10 of the UDO as:
A self-propelled or towed vehicle, qualified to be licensed by the
appropriate State Agency, and is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, providing short
term recreational living accommodations, designed primarily not for use as
a permanent dwelling, but as temporary living quarters for recreational,
camping, travel, or seasonal use.
There has been increased interest in allowing for opportunities for temporary
residential uses within the County. This includes locating tiny homes, built on a
chassis and classified under State building regulations as an RV, in both mobile home
parks and as standalone uses of property. In some instances staff is fielding inquiries
from individuals with family members receiving treatment in local hospitals looking for
areas where an RV could be parked to serve as a temporary residence.
Temporary residential units are not currently permitted within mobile home parks as
they do not meet established criteria (i.e. they are not classified as a manufactured
home consistent with HUD standards).
This proposal would establish a revised district that could address many of these
issues and provide options to those looking for temporary housing. This includes
allowing for tiny home structures, constructed on a chassis and meeting the definition
of an RV. The amendment would also provide a mechanism for RVs to be permitted
under certain circumstances within mobile home parks.
Most mobile home park projects were developed prior to current zoning regulations
and, as a result, have de-facto zoning approvals.
As with all Conditional Zoning districts the project would involve the negotiation of
design elements between the BOCC and applicant to ensure the viability of the
20
project. Requests to develop this new district would be reviewed as a rezoning
request (i.e. legislative review) and acted upon by the BOCC in accordance with
Section 2.9.2 of the UDO.
As part of this amendment process, Appendix F of the Comprehensive Plan will be
modified to change references to the Mobile Home Park Conditional Zoning (MHP-
CZ) district to Home Park Conditional Zoning (HP-CZ) district.
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.
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.
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,
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
21
b. Quarterly Public Hearing
February 13, 2017
c. BOCC Updates/Checkpoints
November 2, 2016 – Planning Board Ordinance Review Committee (ORC)
meeting (BOCC receives agenda materials)
December 7, 2016 – Planning Board Recommendation (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:
November 2, 2016 – Ordinance Review Committee (ORC)
During the ORC meeting the following comment(s) were made:
• A Planning Board member asked why there was a hard and fast time limit
on ‘temporary’ housing units.
STAFF COMMENT: State building code regulations allows for a
temporary housing unit to be served only by a ‘temporary’ utility
connection.
This temporary utility connection can serve a unit for 180 days. Any longer
and the ‘temporary’ unit becomes ‘permanent’ and can be served only by a
permanent utility connection. There are similar restrictions with a
temporary housing unit being served by a septic connection.
• A Planning Board member asked how they were ‘getting away’ with this in
Chatham County.
STAFF COMMENT: Staff is unsure what is being referred to. If Chatham
is allowing for temporary housing unit, being served by a temporary utility
connection, to remain longer than 180 days that is a violation of the State
building code. Staff believes Chatham is allowing permanent tiny homes
on a parcel of property rather than a temporary housing unit.
Staff notes that Orange County also allows small homes as permanent
dwellings, provided all applicable codes are met including State building
regulations. Orange County does not enforce a minimum dwelling unit
size.
• A Planning Board member asked if tiny homes could be made permanent.
STAFF COMMENT: Yes if said units are built to the State building code
and installed accordingly.
• A Planning Board member asked how this would impact existing parks.
22
STAFF COMMENT: In theory any existing temporary housing units would
be allowed consistent with the Non-conforming section of the UDO.
Having said that, the goal would be to work with the owners to bring the
parks into compliance, specifically 1 unit per space and having spaces
addressed consistent with the County Addressing Ordinance.
• A Planning Board member asked if we need a definition of tiny home.
STAFF COMMENT: No. A structure is either a permanent residence built
to State building code, a manufactured home built to HUD standard, or a
temporary housing unit. There is no need to further define what a tiny
home is.
• A Planning Board member asked how septic needs would be addressed.
STAFF COMMENT: The Health Department would have to review and
approved an appropriately designed system to accommodate permanent
and/or temporary housing units.
December 7, 2016 – Recommendation
b. Advisory Boards:
Affordable Housing Advisory Board
(AHAB) as necessary
c. Local Government Review:
Staff transmitted the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for courtesy review on
November 23, 2016.
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
General Public: Outreach meetings with Mobile Home Park owners will be
conducted on November 29th and 30th of 2016.
Small Area Plan Workgroup:
Other:
23
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.
D. AMENDMENT IMPLICATIONS
The amendment(s) will provide an opportunity for the location/use of temporary housing
and address existing non-conforming situations. This process could also provide a
mechanism allowing for the location of certain types of tiny homes within the County.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 4.
Primary Staff Contact:
Patrick Mallett
Planning
(919) 245-2577
pmallett@orangecountync.gov
24
1 2 EXCERPT OF DRAFT SUMMARY NOTES 3 ORANGE COUNTY PLANNING BOARD 4 NOVEMBER 2, 2016 5 ORDINANCE REVIEW COMMITTEE 6
7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large, Chapel Hill Township; Tony Blake (Vice-chair), Bingham Township 8
Representative; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; Maxecine Mitchell, At-Large Bingham 9
Township; Lisa Stuckey, Chapel Hill Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia 10
Roberts, Cheeks Township Representative; 11
12 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning 13
Systems Coordinator; Patrick Mallett, Planner II, Rachel McCook, Planner I; Meredith Kern , Administrative Assistant II. 14
15 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 16 17
Lydia Wegman called meeting to order. 18 19
20
AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – TEMPORARY RESIDENTIAL UNITS 21
CONDITIONAL DISTRICT 22
To review and comment upon proposed amendments to the UDO that would establish a new 23
conditional zoning district for temporary housing units. 24 Presenter: Patrick Mallett, Planner II 25 26
Patrick Mallett reviewed the abstract. 27
28
Lisa Stuckey: I don’t understand why we have to go through these charades. 29
30
Patrick Mallett: That’s the way the state building code, the health codes, all of the codes are defined. 31
32
Lisa Stuckey: So these are not built to habitable standards? 33
34
Patrick Mallett: Yes, once you go beyond that magic day it becomes a permanent structure or residence. 35
36
Lisa Stuckey: So what about the tiny homes? On TV I’ve seen tiny homes subdivisions. These are very permanent. 37
38
Patrick Mallett: They’re not. You could do a subdivision, theoretically, with 10 lots and do 10 tiny homes that meet the 39
minimum lot standards. I think part of the rub is unless you do something like a cluster subdivision, you end up with a 300 40
square foot tiny home on a 1-acre lot. It may work, it may not. I think that the cost of the land basis kind of drives that out of 41
the realm of reality. It definitely does in the Rural Buffer where you’ve got 2-acre to 5-acre lots. 42
43
Tony Blake: They’re doing it in Chatham County but when they did it there was no zoning at all so they were able to pull it 44
together. 45
46
Patrick Mallett: Right now, you would either build the tiny home on a foundation that could be a stick built, and most of them 47
are not long enough. You can also build to a modular home standard; a mobile home standard; or now an RV Park Model 48
Standard of construction. 49
50
Lydia Wegman: I don’t know. The ones I’ve seen that are not that big. 51
52
Patrick Mallett: The framing ultimately becomes an issue. You’ll see a lot of the literature will say, “These are energy efficient, 53
they’re sustainable”. Well yeah, that’s true but they have solar on them because they can’t meet the electrical code. In other 54
Attachment 2
25
words, the spacing requirements for the electrical wiring and the framing doesn’t work out. Literally, these things are so short 55
you can’t frame a window and a door, and a structural frame and get all the electrical wiring or the framing to work to meet 56
those code requirements. So that’s the rub. It’s not a hatred for a smaller home. 57
58
Lisa Stuckey: So if you took a mobile home park and you wanted to put all tiny homes in it then it would end up being all 59
temporary? 60
61
Patrick Mallett: Or they would be underpinned and built to the mobile home standard. I think a lot of people are realizing that 62
we need to allow for these tiny homes, but do them to the mobile home standard and go in a mobile home park or do it as a 63
camper unit and put it in an RV park. As it stands today the RV part of this really, we don’t have an allowance for that. The 64
only way you can have an RV and stay off of your property is you can park one obviously, but you’re not supposed to have 65
Cousin Eddy living there. So if somebody enterprises and said, “Hey, there’s a market. I want to do an RV park,” they would 66
have to get a SUP for a camp retreat center. It’s the only way that they could do it. 67
68
Tony Blake: There are some with that business model. They existed before. 69
70
Patrick Mallett: That’s right. They’re grandfathered in. So how do you know that but also realize that there are changes in the 71
market place and there are people that need to come here for a period of time and they can’t afford to stay in an extended 72
stay, or a hotel. This is an alternative, same thing with a mobile home. I think that there may be people that want to do a tiny 73
home, not so much a single or doublewide type of product. So that’s the essence of the text change. It just so happens that 74
Allen said, “you know the Department of Environmental Health just released guidelines on a white paper and it has a nice 75
description code, all of those nuances about the RV park model, what is a recreational vehicle and everything else”, so I 76
brought this along as a handout and if you want I can ask Allen and or Michael to come to the Planning Board meeting and 77
give you their pieces. I’ll meet with them and go over the nuts and bolts and technical minutia. We’re meeting with the legal 78
team tomorrow. And Ashley Moncado of our office has been working with the group that’s been working on affordable, 79
sustainable, tiny home stuff and so I’ve asked her to speak so we can make sure this is in sync with that effort, which is not 80
this. 81
82
Lydia Wegman: It’s not the same thing? 83
84
Patrick Mallett: Their focus is tiny home. 85
86
Lydia Wegman: And will they be defining tiny home? 87
88
Patrick Mallett: I think it is still murky. There are all kinds of ideas and no clear legal way to define it. And that’s part of her 89
advice that I’m going to lean on. For legal purposes, a tiny home is to be built to an RV standard or built to a mobile home 90
standard. And that’s that. There’s a new term that’s emerging called micro-home. So my thought is I don’t want to wait. And 91
the building code is not there. They don’t have a standard. Their response to this day is it’s either a RV, a mobile home, a 92
modular home, or a single-family home. And the reason they do that is that RV’s have license plates. It’s built to a 93
transportation standard. It’s never intended to be a permanent residence. Mobile home is built to a different standard that’s 94
been vetted, and approved, and tested. Like I said, the basic section is that we need to change and the 2 districts. The mobile 95
home park district conditional use and the TRU, Temporary Residential Unit. 96
97
Tony Blake: Where are the close districts? Are they just not… 98
99
Patrick Mallett: We have no plans to re-zone something the TRU CZ. That would be upon someone… They would file a case, 100
they would have to show us a site plan, specify where thee stalls and the spaces are it would be virtually the same. 101
102
Tony Blake: Is there any minimum acreage size or anything like that? 103
104
Patrick Mallett: Same acreage. For the purposes of impact on the surrounding area, all the setbacks, all the minimum acreage 105
requirements are the same as a mobile home lot. 106
107
Tony Blake: How would the septic be figured? 108
26
109
Patrick Mallett: If you’re doing homes you would have to have a lot, you would have to have a septic system; you would have 110
to have a well, making permanent connections. 111
112
Tony Blake: But if you’re doing a mobile home park it’s different? And that would follow that same standard. 113
114
Patrick Mallett: Yeah. Because there’s not a lot so it’s a space… Conventional standards are from the driveway. And they’re 115
really designed so that people can come in and come out and emergency services can service and solid waste can service 116
them. One of the interesting things that is… A tiny home is the only way that you can get a single bedroom septic system. 117
118
Lisa Stuckey: Could those houses made out of container boxes? 119
120
Patrick Mallett: As long as you can build it to a standard it could be made out of recycled plastic. But it has to meet a code. 121
122
Lydia Wegman: Does it have to meet a building code of some kind? 123
124
Tony Blake: Well it has to meet a mobile home standard. 125
126
Patrick Mallett: The HUD standards for Mobile Homes, yeah. 127
128
Tony Blake: But the problem is with the tiny homes is that cost per square foot is so much greater than it is for a mobile home. 129
And so it’s hard to justify. 130
131
Lisa Stuckey: But they’re taking those containers and making them into houses. But it’s the same, are they mobile or not 132
mobile? 133
134
Patrick Mallett: Yeah, exactly. And what standard are the built to, and what type of utilities are the hooked up to (permanent or 135
not)? This is part 2 of those 4 text changes that are moving through. Michael’s got one of them that will be part 3. I see it as a 136
step in the right direction and at least we can give the people some answers and some guidance versus you can live in a 137
camp retreat center if you get it approved. So our goal is to get this one to the February Public Hearing. 138
139
Tony Blake: One more question. How does this fit with accessory use, or does it? 140
141
Patrick Mallett: It’ll be the same as it applies for others. There’s supervision in there for the sheds. So let’s say you had an RV 142
park, you had common open space, it’s owned by the landlord, and you have a caretaker. Theoretically you could get a shed 143
and for an extra $5 a month you get a shelf in the storage accessory structure. But the same rules would apply as accessory 144
shed structures. 145
146
Paul Guthrie: I’ve got a question. We have some in my house that watch all these tiny building shows that are on TV, so that’s 147
my exposure. But one of the things those show is that there’s a growing range of cost on things of a similar size. Has there 148
been any effort or any movement towards trying to get some more common definitions of these various alternatives? 149
150
Patrick Mallett: That’s the affordable housing part of this that Ashley is involved in. We’re getting into the mobile home park 151
and the RV park part of it. The sustainability, affordability part is a much bigger then, and then defining it. I think they’ve spent 152
a long time trying to define. 153
154
Paul Guthrie: There’s a broad range in those general exposures. 155
156
Patrick Mallett: Exactly. You ask 10 people what a tiny home is and 5 of them are probably going to say, “Like that show” and 157
the other 5 are going to have very different opinions in what that is. But by far I think the most common product has wheels on 158
it and a chasse and is built to either no standard or an RV standard. 159
160
Lydia Wegman: So should we expect some changes following your meeting with the attorneys and? 161
162
27
Patrick Mallett: Yeah. This is the first. We’ve gone through the first pass of this and then we’ll put the legal vice grips through 163
it. 164
165
Lydia Wegman: I want to speak in sport of Lisa’s plan. I think it’s worth it to look into doing something smaller than 10-acres, if 166
possible. 167
168
Patrick Mallett: Ok. That’s a good point. And I think that there probably will be some experimentation. For example, the 169
gentleman on Orange Grove Road is like, “I’m not going to completely convert this stuff on a speculative rolling the dice and 170
throwing it on the table, but I’m willing to convert a couple of the stalls and see what happens.”. And his idea was that there’s a 171
market and it’s a good idea to get involved in that. There are nuances with regard to a RV park versus a mobile home park. 172
Mobile home parks tend to rent by the month. RV parks tend to rent by the day or the week. And from a maintainer standpoint 173
that’s a pain. But it may be worth it, willing to try, that’s part of his input. 174
175
Lydia Wegman: Are there advantages of being a RV park? 176
177
Patrick Mallett: A lot of interest. And the other part of this that I think pertains to that bigger discussion is that some of these 178
things, based on where you put it and how it’s classified, impact your ability to get a mortgage. If it’s got wheels it’s probably 179
going to depreciate. But this is about the zoning and the panning part of it. That’s it. 180
181
182
Lydia Wegman closed the meeting. 183
184
185
186
___________________________________ 187
Lydia Wegman, Chair 188
28
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE AND
COMPREHENSIVE PLAN TEXT AMENDMENTS
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated amendments to the Unified Development Ordinance
(UDO) and the Comprehensive Plan to modify and retitle the Mobile Home Park Conditional
Zoning (MHP-CZ) district.
Proposed UDO changes seek to modify existing development requirements, review
processes, and permitted uses to provide additional opportunities for various residential
housing types.
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.
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, and/or incentives that promote the integrated
achievement of all Comprehensive Plan goals.
Attachment 3
29
c. The amendment is reasonable and in the public interest because it:
1. Assists Orange County in providing opportunities for the location and use of
temporary housing units.
2. Revising existing land use regulations to ensure existing conflicts with State
Building Code standards and Environmental Health policies.
3. Promote diversity with respect to available housing types.
4. Amends Appendix F of the 2030 Comprehensive Plan modifying references
to the Mobile Home Park Conditional Zoning (MHP-CZ) district consistent
with the proposed UDO text amendment.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed amendments.
______________________ ________________________
Lydia N. Wegman, Chair Date
30
UDO AND COMPREHENSIVE PLAN AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations associated
with the review and permitting of temporary housing units and a retitling of the existing Mobile
Home Park Conditional Zoning (MHP-CZ) district to the Home Park Conditional Zoning (HP-
CZ) district, including amending Appendix F of the adopted 2030 Comprehensive Plan.
As the number of affected pages/sections of the existing UDO and Comprehensive Plan are
being modified with this proposal staff has divided the proposed amendments into the following
color coded classifications:
• Red 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 and/or Comprehensive Plan impacted by the proposed
modification(s) have been included within this packet. Some text on the following pages has a
large “X” through it to denote that these sections are not part of the amendments under
consideration. The text is shown only because in the full UDO 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
The full 2030 Comprehensive Plan is available online at:
http://www.orangecountync.gov/departments/planning_and_inspections/2030_comprehensi
ve_plan.php.
Attachment 4
31
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-31
(I) Zoning Atlas Designation
Following approval of a CUD application/permit by the Board of County Commissioners,
the property shall be identified on the zoning atlas by the appropriate parallel CUD
designation. This designation is the general zoning district designation plus the letters
“CU”.
(J) Timeline for Development of Approved Uses
(1) Construction of the approved project must begin within 12 months of the approval
of the permit. If no construction has started within the stated time frame the
permit becomes null and of no effect.
(2) The property owner may request only one 6-month extension from the Board of
County Commissioners upon the favorable recommendation of the Planning
Board if the request is received before the permit expires.
(3) The application for an extension request shall be submitted a minimum of six
months prior to the expiration of the permit.
(K) Alterations to an Approved CUD
(1) Changes to approved plans and conditions of development shall be treated as
changes to the zoning atlas and shall be processed as an amendment to such as
contained in Section 2.8.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.2 Conditional Zoning District (CZD)
(A) Generally
Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific
Conditional Zoning District and detailed in Section 3.8 of this Ordinance shall be
developed.
(B) Applications
Applications to rezone property to a CZD shall be submitted to the Planning Director and
shall be processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5) for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CZD application form, an applicant shall also submit the
following information:
32
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-32
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for Master Plan Development (MPD) -CZD1
applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater. For
Home Park (HP) CZD2, the utility service plan shall specify if the
proposed services are temporary or permanent connections.3
(g) A schedule of construction of all elements of the proposal.
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD)- CZD shall include the requirements in Section 6.7. The
requirements of (1)(b) through (1)(h) above are applicable for MPD-CZ
applications.
(3) 26 copies of the application package required in (1) and (2) above shall be
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail notices of the meeting date
1 The amendment is designed to ensure consistency within the section with respect to appropriate references to
various Conditional Zoning districts.
2 There is going to be a change with respect to the reference(s) to a mobile home park. Staff, based on Attorney
comments, is modifying the existing Mobile Home Park (MHP) Conditional Zoning district to create a new hybrid
district called Home Park (HP) Conditional Zoning district. This is to allow for multiple development options under
the existing construct.
3 In accordance with State Building code, a temporary housing unit (i.e. Recreational Vehicle, travel trailer, camper,
etc.) can be served only by temporary utility connections, while other residential dwellings such as mobile homes,
manufactured homes, and “stick‐built” homes can only be served by permanent utility connections. Similar
language has also been proposed within Section 5.5.4, the standards associated with the development of a mobile
home park.
33
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-67
MHP-CZ
MOBILE HOME PARK 4
DIMENSIONAL AND RATIO STANDARDS
Tract size, min./max.
(acres) 510/50
Tract Front Setback
from ROW, min. (feet) 40
PURPOSE Tract Side Setback,
min. (feet) 20
The purpose of the Mobile Home Park Conditional Zoning (MHP-CZ)
District is to provide for the development of properly located and
planned facilities for mobile home and temporary housing unit parks.
Adequate housing is fundamental to the welfare of county residents;
however, conventional housing is not consistently affordable to, nor
desired by, all members of the general public. There is also an
identified need to provide some level of flexibility for transient
residents who need to reside within the area on a temporary basis.
Where properly regulated and located, mobile home parksHome
Parks address the public need for alternative housing and achieve a
satisfactory relationship to adjoining and nearby property.
Tract Rear Setback,
min. (feet) 20
Individual Mobile Home
Space Size, min.
(square feet)
5,000
Temporary Residential
Unit Space Size, min.
(square feet)
2,000
APPLICABILITY Individual Space Width,
min. (feet) 50
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed mobile home district,
the relationship of the site and site development plan to adjoining
property, and the development itself.
Height, max. (feet) 25 [1]
Tract Floor Area Ratio,
max
Consistent with
residential uses in
adjacent zoning districts
Required Open Space
Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
DIMENSIONAL STANDARDS NOTES:
[1] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required Livability
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
Required Recreation
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
MHP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the MHP-CZ District in Section 5.2. Additionally, non-residential uses
are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section
4 As previously indicated we are modifying the existing district to create an overall ‘park’ district that can
accommodate multiple housing options (i.e. permanent versus temporary). This will eliminate the need to create a
whole new, stand along, zoning district.
34
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-68
4.2.3 for land use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. 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 located on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
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.5
65. A mobile home park shall contain a minimum of ten mobile home spaces.
76. See Section 5.5.4 for standards pertaining to Mobile Home Parks.
7.. When a new mobile home park is proposed to be located adjacent to an existing mobile home park, the Standards
in Section 5.5.4 shall be met.
89. Each home space shall contain only one designated temporary or permanent residential unit. Efficiency Units are
prohibited within HP-CZ districts.6
910. 7A Temporary Residential Unit shall be allowed within a given park for a maximum of 180 days8
101. All permanent residential units within a HP-CZD shall be designed and built to the appropriate State and Housing
and Urban Development (HUD) standards9 and shall be served by permanent utility connections.
5 Language is proposed for deletion there are no individual ‘mobile home lots’ within a mobile home park. A
Mobile home park is required to be a minimum of 10 acres in size and has to have a minimum of 10 ‘stalls’ allowing
for 1 unit per stall. The regulation is redundant.
6 The regulation is designed to ensure there is only one residential land use per each 5,000 sq. ft. for each stand,
stall or space within a mobile home park.
7 Permanent Homes (e.g. Mobile Homes) and Temporary Units (e.g. RVs) need to be designated so they can be
assigned the appropriate construction standard (e.g. HUD standards for mobile homes and RV Park Model
standards for RVs).
8 The 180 day limit is to ensure consistency with State regulations with respect to the type of utility connection
required to serve ‘temporary’ versus ‘permanent’ residential units.
9 The reason for the distinction is to ensure permanent dwelling units comply with the appropriate criteria.
35
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-10
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 expertieseexpertise10 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 Couinty and other agencies or offficials as 9
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.
10 Staff is merely recommending the correction of an identified typo.
36
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37
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
e
s
Or
a
n
g
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C
o
u
n
t
y
,
N
o
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t
h
C
a
r
o
l
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n
a
–
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n
i
f
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d
D
e
v
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l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-17
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– ECO
N
O
M
I
C
DEV
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L
O
P
M
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N
T
DIS
T
R
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A = CLA
S
S
A SPE
C
I
A
L
USE
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S
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C
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L
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C = CON
D
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L
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(RE
Z
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& CLASS A SUP)
USE
TYP
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#
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-
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a
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+
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n
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e
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s
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;
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a
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2
5
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de
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a
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C#
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m
o
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o
m
e
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F
o
r
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p
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o
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)
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m
p
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o
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d
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e
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g
(
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o
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u
p
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o
n
s
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38
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 5-22
5.
2
.
3
T
a
b
l
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o
f
P
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r
m
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t
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e
d
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o
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d
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t
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a
l
Z
o
n
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D
i
s
t
r
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c
t
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TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
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C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
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L
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DIS
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t
i
n
g
O
p
e
r
a
t
i
o
n
,
w
i
t
h
g
r
i
n
d
i
n
g
^
*
Co
o
p
e
r
a
t
i
v
e
F
a
r
m
S
t
a
n
d
*
*
Eq
u
e
s
t
r
i
a
n
C
e
n
t
e
r
*
Fa
r
m
E
q
u
i
p
m
e
n
t
R
e
n
t
a
l
,
S
a
l
e
s
a
n
d
S
e
r
v
i
c
e
*
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r
m
S
u
p
p
l
y
S
t
o
r
e
*
*
Fe
e
d
M
i
l
l
*
*
Gr
e
e
n
h
o
u
s
e
s
w
i
t
h
O
n
P
r
e
m
i
s
e
s
S
a
l
e
s
*
*
Me
a
t
P
r
o
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e
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s
i
n
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a
c
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l
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t
y
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C
o
m
m
u
n
i
t
y
*
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a
t
P
r
o
c
e
s
s
i
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a
c
i
l
i
t
y
,
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e
g
i
o
n
a
l
^
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No
n
-
F
a
r
m
U
s
e
o
f
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a
r
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q
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i
p
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n
t
*
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a
b
l
e
s
,
C
o
m
m
e
r
c
i
a
l
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*
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o
c
k
y
a
r
d
s
/
L
i
v
e
s
t
o
c
k
M
a
r
k
e
t
s
^
*
CHI
L
D
CAR
E
& EDU
C
A
T
I
O
N
A
L
FAC
I
L
I
T
I
E
S
Ce
n
t
e
r
i
n
a
R
e
s
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d
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n
c
e
f
o
r
3
t
o
1
2
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h
i
l
d
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e
n
Ch
i
l
d
C
a
r
e
F
a
c
i
l
i
t
i
e
s
*
Li
b
r
a
r
i
e
s
*
*
39
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 5-23
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
MHP
-
C
Z
REDA-CZ-1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
mu
s
t
l
i
s
t
s
p
e
c
i
f
i
c
u
s
e
s
fo
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
U
s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
o
v
e
d
o
n
p
a
r
c
e
l
s
l
o
c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
B
u
ff
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
i
g
n
a
t
e
d
b
y
t
h
e
a
d
o
p
t
e
d
C
o
m
p
r
eh
e
n
s
i
v
e
P
l
a
n
.
No
n
-
P
r
o
f
i
t
E
d
u
c
a
t
i
o
n
a
l
C
o
o
p
e
r
a
t
i
v
e
Sc
h
o
o
l
s
:
D
a
n
c
e
,
A
r
t
&
M
u
s
i
c
*
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h
o
o
l
s
:
E
l
e
m
e
n
t
a
r
y
,
M
i
d
d
l
e
&
S
e
c
o
n
d
a
r
y
*
Sc
h
o
o
l
s
:
V
o
c
a
t
i
o
n
a
l
*
Un
i
v
e
r
s
i
t
i
e
s
,
C
o
l
l
e
g
e
s
&
I
n
s
t
i
t
u
t
e
s
*
COM
M
E
R
C
I
A
L
USE
S
Ba
n
k
s
&
F
i
n
a
n
c
i
a
l
I
n
s
t
i
t
u
t
i
o
n
s
*
Be
a
u
t
y
&
B
a
r
b
e
r
S
h
o
p
s
*
*
Co
n
s
t
r
u
c
t
i
o
n
(
S
e
c
t
o
r
2
3
)
*
Co
n
t
r
a
c
t
o
r
s
,
B
u
i
l
d
i
n
g
&
T
r
a
d
e
*
*
Co
u
n
t
r
y
S
t
o
r
e
*
*
Fi
n
a
n
c
e
&
I
n
s
u
r
a
n
c
e
(
S
e
c
t
o
r
5
2
)
*
Fu
n
e
r
a
l
H
o
m
e
s
*
Ga
r
d
e
n
C
e
n
t
e
r
w
i
t
h
O
n
P
r
e
m
i
s
e
s
S
a
l
e
s
*
*
Ho
t
e
l
s
&
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o
t
e
l
s
*
In
s
u
r
a
n
c
e
C
a
r
r
i
e
r
s
&
A
g
e
n
t
s
*
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n
k
y
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r
d
s
Ke
n
n
e
l
s
,
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l
a
s
s
I
*
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n
n
e
l
s
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l
a
s
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I
*
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u
n
d
r
y
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r
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C
l
e
a
n
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n
g
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e
r
v
i
c
e
s
*
Ma
n
a
g
e
m
e
n
t
o
f
C
o
m
p
a
n
i
e
s
&
E
n
t
e
r
p
r
i
s
e
s
(
S
e
c
t
o
r
5
3
)
*
Ma
s
s
a
g
e
,
B
u
s
i
n
e
s
s
o
f
*
Me
t
a
l
F
a
b
r
i
c
a
t
i
o
n
S
h
o
p
*
Mi
c
r
o
b
r
e
w
e
r
y
w
i
t
h
M
i
n
o
r
E
v
e
n
t
s
*
*
Mi
c
r
o
b
r
e
w
e
r
y
w
i
t
h
M
a
j
o
r
E
v
e
n
t
s
^
*
*
40
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 5-24
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
MHP
-
C
Z
REDA-CZ-1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
mu
s
t
l
i
s
t
s
p
e
c
i
f
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c
u
s
e
s
fo
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
U
s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
o
v
e
d
o
n
p
a
r
c
e
l
s
l
o
c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
B
u
ff
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
i
g
n
a
t
e
d
b
y
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h
e
a
d
o
p
t
e
d
C
o
m
p
r
eh
e
n
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i
v
e
P
l
a
n
.
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g
h
t
c
l
u
b
s
,
B
a
r
s
,
P
u
b
s
*
Of
f
i
c
e
s
&
P
e
r
s
o
n
a
l
S
e
r
v
i
c
e
s
,
C
l
a
s
s
1
*
*
Of
f
i
c
e
s
&
P
e
r
s
o
n
a
l
S
e
r
v
i
c
e
s
,
C
l
a
s
s
2
*
Of
f
i
c
e
s
&
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e
r
s
o
n
a
l
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e
r
v
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c
e
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l
a
s
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*
Pr
o
f
e
s
s
i
o
n
a
l
,
S
c
i
e
n
t
i
f
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c
&
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e
c
h
n
i
c
a
l
S
e
r
v
i
c
e
s
(
S
e
c
t
o
r
5
4
)
*
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a
l
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s
t
a
t
e
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g
e
n
t
s
&
B
r
o
k
e
r
s
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p
a
i
r
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l
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t
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o
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c
&
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p
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a
n
c
e
*
Re
s
t
a
u
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s
:
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a
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O
u
t
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a
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r
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n
t
s
:
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r
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v
e
I
n
*
Re
s
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a
u
r
a
n
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s
:
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e
n
e
r
a
l
*
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t
a
i
l
,
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l
a
s
s
1
*
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a
i
l
,
C
l
a
s
s
2
*
Re
t
a
i
l
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l
a
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3
*
Ru
r
a
l
G
u
e
s
t
E
s
t
a
b
l
i
s
h
m
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n
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:
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e
d
&
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r
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a
k
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Ru
r
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l
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u
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:
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e
d
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r
e
a
k
f
a
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n
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r
a
l
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u
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a
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h
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n
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:
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u
n
t
r
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n
n
*
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o
r
a
g
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o
f
G
o
o
d
s
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u
t
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o
r
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o
r
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o
r
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r
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h
o
u
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:
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n
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d
e
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u
i
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*
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u
d
i
o
(
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r
t
)
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x
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r
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*
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e
a
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r
,
I
n
d
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r
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u
t
d
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o
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n
c
l
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d
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r
i
v
e
-
i
n
s
)
*
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To
u
r
i
s
t
H
o
m
e
Wh
o
l
e
s
a
l
e
T
r
a
d
e
*
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n
e
r
y
w
i
t
h
M
i
n
o
r
E
v
e
n
t
s
*
*
Wi
n
e
r
y
w
i
t
h
M
a
j
o
r
E
v
e
n
t
s
^
*
*
41
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 5-25
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
MHP
-
C
Z
REDA-CZ-1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
mu
s
t
l
i
s
t
s
p
e
c
i
f
i
c
u
s
e
s
fo
r
c
o
n
s
i
d
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r
a
t
i
o
n
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a
p
p
r
o
v
a
l
^:
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s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
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v
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d
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n
p
a
r
c
e
l
s
l
o
c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
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u
ff
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
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g
n
a
t
e
d
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y
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h
e
a
d
o
p
t
e
d
C
o
m
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r
eh
e
n
s
i
v
e
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l
a
n
.
EXT
R
A
C
T
I
V
E
USE
S
Ex
t
r
a
c
t
i
o
n
o
f
E
a
r
t
h
P
r
o
d
u
c
t
s
GOV
E
R
N
M
E
N
T
A
L
USE
S
Go
v
e
r
n
m
e
n
t
a
l
F
a
c
i
l
i
t
i
e
s
&
O
f
f
i
c
e
B
u
i
l
d
i
n
g
s
*
Go
v
e
r
n
m
e
n
t
a
l
P
r
o
t
e
c
t
i
v
e
S
e
r
v
i
c
e
s
(
P
o
l
i
c
e
&
F
i
r
e
S
t
a
t
i
o
n
s
)
R
e
s
c
u
e
Sq
u
a
d
s
,
V
o
l
u
n
t
e
e
r
F
i
r
e
D
e
p
a
r
t
m
e
n
t
s
*
Mi
l
i
t
a
r
y
I
n
s
t
a
l
l
a
t
i
o
n
s
(
N
a
t
i
o
n
a
l
Gu
a
r
d
&
R
e
s
e
r
v
e
A
r
m
o
r
y
)
Pu
b
l
i
c
A
d
m
i
n
i
s
t
r
a
t
i
o
n
(
S
e
c
t
o
r
9
2
)
*
MAN
U
F
A
C
T
U
R
I
N
G
, ASS
E
M
B
L
Y
& PRO
C
E
S
S
I
N
G
As
s
e
m
b
l
y
a
n
d
P
a
c
k
a
g
i
n
g
O
p
e
r
a
t
i
o
n
s
I
n
c
l
u
d
i
n
g
D
i
s
t
r
i
b
u
t
i
o
n
a
n
d
Ma
i
l
O
r
d
e
r
H
o
u
s
e
s
,
B
u
t
E
x
c
l
u
d
i
n
g
On
-
P
r
e
m
i
s
e
s
R
e
t
a
il
O
u
t
l
e
t
s
*
In
d
u
s
t
r
i
a
l
,
H
e
a
v
y
*
In
d
u
s
t
r
i
a
l
,
L
i
g
h
t
*
In
d
u
s
t
r
i
a
l
,
M
e
d
i
u
m
*
Ma
n
u
f
a
c
t
u
r
i
n
g
(
S
e
c
t
o
r
3
1
-
3
3
)
*
Mi
c
r
o
b
r
e
w
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
*
*
Ph
a
r
m
a
c
e
u
t
i
c
a
l
P
r
o
d
u
c
t
s
*
Pr
i
n
t
i
n
g
&
L
i
t
h
o
g
r
a
p
h
y
*
Sa
w
m
i
l
l
s
^
*
Wi
n
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
*
*
MED
I
C
A
L
USE
S
He
a
l
t
h
S
e
r
v
i
c
e
s
:
O
v
e
r
1
0
,
0
0
0
S
q
.
F
t
.
*
He
a
l
t
h
S
e
r
v
i
c
e
s
:
U
n
d
e
r
1
0
,
0
0
0
S
q
.
F
t
*
Ho
s
p
i
t
a
l
s
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
*
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
,
m
o
b
i
l
e
*
*
42
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 5-26
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
MHP
-
C
Z
REDA-CZ-1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
mu
s
t
l
i
s
t
s
p
e
c
i
f
i
c
u
s
e
s
fo
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
U
s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
o
v
e
d
o
n
p
a
r
c
e
l
s
l
o
c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
B
u
ff
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
i
g
n
a
t
e
d
b
y
t
h
e
a
d
o
p
t
e
d
C
o
m
p
r
eh
e
n
s
i
v
e
P
l
a
n
.
Ve
t
e
r
i
n
a
r
y
H
o
s
p
i
t
a
l
s
*
*
REC
R
E
A
T
I
O
N
A
L
USE
S
Ar
t
s
,
E
n
t
e
r
t
a
i
n
m
e
n
t
&
R
e
c
r
e
a
t
i
o
n
(
S
e
c
t
o
r
7
1
)
Bo
t
a
n
i
c
a
l
G
a
r
d
e
n
s
&
A
r
b
o
r
e
t
u
m
s
*
Ca
m
p
/
R
e
t
r
e
a
t
C
e
n
t
e
r
*
Go
l
f
D
r
i
v
i
n
g
a
n
d
P
r
a
c
t
i
c
e
R
a
n
g
e
s
*
Gu
e
s
t
R
a
n
c
h
*
Pa
r
k
s
,
P
u
b
l
i
c
*
*
Re
c
r
e
a
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
*
Go
l
f
C
o
u
r
s
e
*
*
Ra
c
e
T
r
a
c
k
(
M
o
t
o
r
i
z
e
d
,
e
t
c
.
)
a
n
d
G
o
-
K
a
r
t
T
r
a
c
k
F
a
c
i
l
i
t
i
e
s
*
RES
I
D
E
N
T
I
A
L
USE
S
Dw
e
l
l
i
n
g
;
M
o
b
i
l
e
H
o
m
e
*
*
Dw
e
l
l
i
n
g
;
M
u
l
t
i
p
l
e
F
a
m
i
l
y
*
Dw
e
l
l
i
n
g
;
S
i
n
g
l
e
-
F
a
m
i
l
y
*
*
*
Dw
e
l
l
i
n
g
;
T
w
o
-
F
a
m
i
l
y
*
Fa
m
i
l
y
C
a
r
e
H
o
m
e
Gr
o
u
p
C
a
r
e
F
a
c
i
l
i
t
y
*
Re
h
a
b
i
l
i
t
a
t
i
v
e
C
a
r
e
F
a
c
i
l
i
t
y
*
Re
s
i
d
e
n
t
i
a
l
H
o
t
e
l
(
F
r
a
t
e
r
n
i
t
i
e
s
,
So
r
o
r
i
t
i
e
s
,
a
n
d
D
o
rm
i
t
o
r
i
e
s
)
Ro
o
m
i
n
g
H
o
u
s
e
Te
m
p
o
r
a
r
y
R
e
s
i
d
e
n
t
i
a
l
U
n
i
t
*
TEL
E
C
O
M
M
U
N
I
C
A
T
I
O
N
S
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
–
S
t
e
a
l
t
h
(
7
5
f
e
e
t
o
r
s
h
o
r
t
e
r
)
*
*
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
s
(
1
5
0
f
e
e
t
i
n
h
e
i
g
h
t
o
r
s
h
o
r
t
e
r
)
*
*
43
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 5-27
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
MHP
-
C
Z
REDA-CZ-1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
mu
s
t
l
i
s
t
s
p
e
c
i
f
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c
u
s
e
s
fo
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
U
s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
o
v
e
d
o
n
p
a
r
c
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l
s
l
o
c
a
t
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d
i
n
t
h
e
R
u
r
a
l
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u
ff
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
i
g
n
a
t
e
d
b
y
t
h
e
a
d
o
p
t
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d
C
o
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p
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n
s
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v
e
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l
a
n
.
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
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o
w
e
r
s
(
g
r
e
a
t
e
r
t
h
a
n
1
5
0
i
n
h
e
i
g
h
t
)
*
*
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P
O
R
A
R
Y
USE
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Bu
i
l
d
i
n
g
s
,
P
o
r
t
a
b
l
e
*
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m
p
o
r
a
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o
b
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o
m
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s
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d
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r
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c
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Article 5: Uses
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45
Article 5: Uses
Section 5.4: Standards for Temporary Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-35
(c) The proposed activity will occur no more frequently than seven days in a
30-day period, and on no more than 50 days per year.
(d) Signs shall be permitted in accordance with Section 6.12.11(D) of this
Ordinance.
(e) All parking shall be on-site.
(f) Noise levels at the boundary of the area included in the special Use
Permit shall not exceed 50 decibels between the hours of 7:00 a.m. and
7:00 p.m., or 45 decibels between the hours of 7:00 p.m. and midnight.
No Special Event shall begin before 7:00 a.m., or extend beyond
midnight.
(g) The site plan shall have the written approval of the Orange County
Division of Environmental Health regarding the adequacy of the water
supply and wastewater disposal for the specified maximum number of
participants for any single event and the written approval of the Orange
County Fire Marshal and Orange County Sheriff’s Department regarding
the adequacy of parking, access or other factors relating to public safety.
(h) The Special Use Permit shall be valid for no more than one year.
5.4.4 Temporary Use of a Residential Mobile Home Temporary Use of a Mobile Home or and/or
Temporary Residential Unit
(A) General Standards of Evaluation
Residential Mobile HomesA Mobile Home or Temporary Residential Unit may be
permitted as a temporary use during construction of a permanent single-family dwelling in
accordance with the following:
(1) The property owner shall reside in the Mobile Home or Temporary Residential
Unit during construction of a new residence or the renovation of an existing
residence on the same lot.
(2) Prior to placement of the temporary residential mobile homeunit on-site all
applicable state and local approvals and permits shall be procured, including but
not limited to a zoning compliance permit, building permits, and health
department approval.
(3) The Temporary Residential Unit temporary residential mobile home must be
removed within 90 30 days of receipt of the certificate of occupancy/compliance
for the on-site residence.
5.4.5 Buildings for Temporary Use
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Site plan showing all existing and proposed structures on the site,
existing and proposed topography at a contour interval of five feet,
existing and proposed landscaping, parking areas, access points, any
officially designated flood plains, and other site details.
(b) A description of the exterior materials, color and construction details.
(c) Statement of proposed use and length of time building will be in use.
(2) Standards of Evaluation –
(a) The temporary building shall not be used for residential purposes.
46
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-36
(b) The temporary building shall not be used by operations offering drive-in
services.
(c) The use of the building shall be only for the period of time specified and
for the use specified.
(d) The proposed use is a permitted use in the district in which it is located.
SECTION 5.5: STANDARDS FOR RESIDENTIAL USES
5.5.1 Accessory Structures and Uses
(A) General Standards of Evaluation
(1) Accessory structures and uses, including recreational uses and amenities, shall
not be located in any required front open space and shall conform to the principal
setbacks of the district where located unless otherwise provided in this Section.
(2) An attached private garage, or carport, not exceeding 12 feet in height, may
occupy a portion of the required side open space, provided that this does not
result in a required side open space of less than 7% of the lot width, nor a total,
when combined with the required side open space of the lot immediately
adjacent, of less than eight feet.
(3) Mobile homes as accessory structures to residential uses are prohibited.
5.5.2 Efficiency Apartment
(A) General Standards of Evaluation
(1) Efficiency apartments shall be allowed only as an accessory use to a single-
family residence.11
(1)(2) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(2)(3) The efficiency unit shall contains no more than 1,000 square feet of gross floor
area with a maximum limit of 800 square feet of heated/cooled, gross floor
areahabitable living space.12
(3)(4) The residential lot shall meet the minimum lot sizeall dimensional requirements of
the zoning district in which it is located.
(4)(5) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(5) The efficiency unit shall be accessory to the principal dwelling unit and may be
attached or detached.13
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
11 There has been a long standing Department interpretation that an efficiency apartment shall be allowed only as
a customary accessory use to a single‐family residence. The rationale is to ensure we are complaint with
established density and lot size requirements already detailed within the UDO. This amendment merely seeks to
incorporate this interpretation into the UDO.
12 Staff has heard concerns that 800 square feet of gross floor area does not afford sufficient space for both
storage and living space. Staff is recommending adding clarifying language allowing for a maximum of 200 square
feet of storage space and 800 square feet of heated/cooled living space.
13 Given the proposed modification detailed in number 1 of this section, this standard is redundant.
47
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-41
may be used for screening purposes. Screening will not
be required when:
i. The accessory structure is located 80 feet or
more from all property lines; or
ii. Existing vegetation provides suitable screening
of the accessory structure from all adjacent
properties.
e. New accessory structures built for the purpose of
conducting a home occupation shall not exceed square
footage allowances referenced in Section
5.5.3.A(2)(e)(iii)a.
f. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.4 Home Park Mobile Home Park
(A) Standards for MHP-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes and/or Temporary Residential Units, as defined by
this Ordinance, the following accessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office .
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the mobile home
Home park Park in which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the mobile home parkHome Park in which they are located.
48
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-42
(e) Storage buildings for individual mobile home parkHome Park spaces and
intended for the exclusive use of the space’s occupants of the mobile
home space shall be permitted. Such accessory structures shall meet
required setbacks from adjacent structures .
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes and/or Temporary Residential Units already
located on approved and established mobile home stand spaces. s
within a MHP-CZ district.
(2) Mobile Home Home Park Space and Utility Stand , Stall and Dimensional
Requirements:
(a) MHP-CZ DistrictSpace Requirements:
(i) A mobile home parkHome Park shall be divided into mobile
individual home spaces, each space having an area of at least
5,000 square feet and a minimum width of at least 50 feetand
width consistent with Section 3.8. However, theThe Orange
County Health Department may increase the minimum area
requirements for the park and/or individual stand spaces where
necessary to be consistent with groundwater resources and/or
the limitations of providing sewage disposal systems for the
proposed mobile home park.
(ii) Only one mobile home or Temporary Housing Unit and its
customary accessory buildings may be erected located on within
any mobile individual home standspace at one time. Additional
Efficiency Units or Temporary Housing Units shall not be
permitted within an occupied permanent space.
(iii) No permanent housing units, or other accessory structures, shall
be permitted within a Temporary Housing Unit space.
(3) Mobile Home Stand Requirements
(a)(b) MHP-CZ District Utility Stand Requirements:
Each mobile home and/or Temporary Residential Unit must be placed within an
individual stall and/or space within an individual space and shall be served on a
permanent standby an appropriate utility stand in accordance with the following
specifications:
(i) The location of each mobile homeutility stand must be at an
elevation, distance and angle in relation to the adjacent access
drive or street such that placement and removal of the mobile
homeunit is practical by means of customary moving equipment.
(ii) The surface of each mobile home utility stand and the area
around it shall be graded where necessary to provide proper
drainage and prevent the accumulation of water.
(iii) Each mobile home utility stand shall have a solid base surface
consisting of at least three inches of compacted fill dirt, crusher
run or Chapel Hill gravel, or paved slab, and it shall comply with
those standards specified in the State of North Carolina
Regulations for Mobile Homes and Modular Housing. Prior to
installation of the base surface, all top soil shall be removed from
the area to be occupied by the mobile home stand.
(4) Separation Requirements
49
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-43
(a)(c) MHP-CZ DistrictSpace Separation Requirements:
The following separation requirements shall pertain to every mobile home, single
or double wide, within a mobile home park.
(i) Each mobile Temporary or permanent housing unitMobile Home
or Temporary Housing Unit home shall be located at least 20
feet apart . from another mobile home and/or building within the
mobile home park, external to the individual mobile home stand
space. For purposes of determining separation requirements, all
attached structures, including storage buildings, carports and
covered porches, will be considered part of a mobile home
housing unit.
(ii) Each mobile homeunit shall be located at least 22 feet from the
right of way line or edge of pavement of an access drive or street
providing access to the space on which the mobile home is
located, whichever is greater.
(iii) A detached accessory structure located within an individual
mobile home stand space and intended for the use of the
occupants of the space shall be located at least five feet from
any mobile homehousing unit or other building.
(5)(3) Installation of Individual Mobile Homes Home Park Units
(i) Mobile Homes
a. Each mMobile homes unit shall be set up and installed in
accordance with standards specified in the State of
North Carolina Residential Code and other rRegulations
for Mobile Homes and Modular Housing.
b. The owner/operator of a mobile home park shall
designate a uniform type of solid foundation enclosure or
skirting fully enclosing the crawl space beneath each
mobile home in the mobile home park. Foundation
enclosures or skirting must be installed in accordance
with applicable standards of the North Carolina State
Building Code and, in any event, within 90 days of
placement of a mobile home on a mobile home space.
c. Access shall be provided to all entrances of a mobile
home by way of steps (including handrails)and shall be
permitted and installed in accordance with the standards
of the North Carolina State Building Code. Where the
residents of a mobile home choose to install decks
adjacent to entrances, the mobile home will be required
to have steps and handrails which meet the standards of
the North Carolina State Building Code until the decks
are completed.
(ii) Temporary Residential Units
a. Each Temporary Residential Unit shall be set up and
installed in accordance with standards specified in the
State of North Carolina Regulations for Recreational
Vehicle (RV) Park Model units.
b. Access to all entrances that are provided via permanent
porches and/or steps to the unit shall be installed in
accordance with the standards of the North Carolina
State Building Code.
50
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-44
(6)(4) Vehicular Access for HP-CZ Districts
(a) Each mobile homeindividual space shall abut an improved access drive
or street approved by the County.
(b) No mobile homeindividual space shall have direct vehicular access to a
street or thoroughfare other than those located within the mobile home
park.
(c) The street layout within the mobile home parkHome Park should be
appropriately related to the topography, locations of abutting land uses,
drainage patterns, street function and other natural features of the site.
(d) The planned layout of streets should minimize overall length of streets
and provide for the safe, continuous flow of traffic within the mobile home
park.
(e) All streets within a mobile home park shall be located within a 40 foot
right of way
(f) The travelway for all streets shall be at least 18 feet in width and must
comply with the drainage standards established in this Ordinance.
(g) All streets shall be constructed with paved, all-weather surfaces
consisting of four inches of base material (crusher run) and 1 ½ inches of
1 2 asphalt or tar and gravel surface treatment consisting of a minimum
of six inches of base material (crusher run) covered with alternating
layers of tar and pea sized gravel.
(h) Every street within a mobile home park shall have a maintained six foot
wide shoulder running parallel and adjacent to each side of the paved
street surface. The shoulder section may be used for walkways,
driveways, grass or low growing vegetative ground cover or utility rights
of way.
(i) The maximum length of a cul-de-sac shall be 800 feet. Cul de sacs shall
have a paved turnaround radius of 45 feet with a right of way radius of 55
feet.
(j) No street shall intersect another street at an angle less than 60 degrees.
(k) The turning radius at street intersections shall not be less than 30 feet.
(l) Offset intersections are to be avoided, but where permitted, they shall be
separated by a minimum distance of 200 feet between street centerlines.
(m) Where streetsStreets serving a mobile home park intersecting with a
State maintained street, the intersection design shall conform to the
standards of the North Carolina Department of Transportation specified
in Subdivision Roads Minimum Construction Standards.
(n) Required off street parking spaces must be surfaced with at least four
inches of compacted crushed stone or an all weather paved surface.
(7)(5) Signs
(a) Any sign erected on-site shall comply with the standards established in
Section 6.12 of this Ordinance.
(b) Traffic control signs (stop, yield, speed limit, children playing signs, etc.)
meeting the standards of the Uniform Traffic Control Manual shall be
placed throughout the mobile home park where necessary. Cul-de-sacs
shall have ‘Dead End’ street signs erected at the entrance to such
streets.
51
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-45
(8)(6) Street Names, Signs & Unit NumberingAddressing
(a) All street names shall be approved by the Orange County Planning
Department and Land Records staff.
(a)(b) and sStreet signs shall be located and constructed to Orange County
standards. All street signs mustand shall be installed outside the right-
of-way at all intersections.
(b)(c) Each applicant must shall submit to the Planning Department and Land
Records for approval a mobile home space and/or stall
numbering/location systemaddressing system for the home park, based
on the equal interval house numbering system employed byconsistent
with the Orange County Addressing Ordinance. Upon approval of the
mobile home home park, the applicant shall submit an approved copy of
the space numbering/location systemaddressing plan to the emergency
services/fire protection agency responsible for providing such services to
the Mobile Home Park.
(c)(d) Each mobile home individual home park space shall have a permanent
site numberaddress sign consistent with the following:erected in
accordance with the Orange County Addressing Ordinance.
(i) The site number sign shall be composed of reflective materials
or contrasting colors,
(ii) The number on the sign shall be at least six inches or greater in
height,
(iii) The sign shall be affixed to the mobile home when the unit is
placed on the stand space, at a point six feet or more above
ground level, and
(iv) The number on the sign shall match that number assigned to the
space on the approved space numbering/location system plan.
(9)(7) Grounds and Buildings
(a) The grounds of a mobile home park shall be maintained free of litter,
debris and trash, including but not limited to abandoned appliances,
automobiles, building materials or similar materials.
(b) Grounds, buildings and storage areas within the mobile home park shall
be maintained to prevent the growth of ragweed, poison ivy, poison oak
and other noxious weeds.
(10)(8) Mail Facilities
(a) Within e Each mobile home parkMHP-CZ district shall provide a
clustered mail delivery system, in compliance with the appropriate postal
service guidelines. Applicants for approval of a mobile home park shall
consult the appropriate agency for the specific requirements of this
system.
(b) Access to the mail delivery facility must be designed to allow three to
four cars to stop at the mail delivery facility without conflict from passing
vehicles.
(11)(9) Garbage & Refuse Collection
(a) All garbage and refuse for individual mobile homes in each park shall be
stored in suitable waterproof and rodent proof receptacles which shall be
kept covered with tightly fitting lids.
52
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-46
(b) A central collection system must shall be provided within the park either
through a private collection system of individual mobile homesfor
individual spaces or through the use of bulk containers (dumpsters).
(c) Where bulk containers are used, there must be at least one four cubic
yard bulk container for each every 16 mobile homesindividual spaces,
which shall be emptied weekly. For Within the mobile home parksMHP-
CZ district, parks with less fewer than 16 homes spaces shall be required
to provide one container is required.
(d) Bulk containers shall be front loading wherever practicable. A side-
loading container may be allowed where a front-loading container is not
feasible and the property is accessible to a regular route of a side-
loading refuse collection vehicle.
(e) Where bulk containers are provided, a six inch reinforced concrete pad
shall be provided to set the set container and also support the front
wheels of the truck during the loading operation. The pad shall be 10
feet in width and 20 feet in length with at least 10 feet of the pad
accessible for the truck to drive onto in front of the dumpster container
for front loading pickup. If side loading containers are used, the pad may
be 12 feet in width and eight feet deep with no projection for the truck
wheels.
(f) Bulk refuse containers (dumpsters) shall be screened in accordance with
the provisions of Section 6.8.9 of this Ordinance.
(12)(10) Operations
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the mobile Hhome Park.
(13)(11) Recreation Areas and Facilities
Recreation areas shall be provided in accordance with the Land Use Intensity
System included in Sections 6.3 and 7.11 of this Ordinance.
(14)(12) Buffers and Landscaping
(a) Mobile home standAll spaces must be located at least 100 feet from any
property line, not including street right-of-ways, regardless of the zoning
district. The disturbance of land within the 100 foot buffer is prohibited.
(b) Existing vegetation within the 100 foot buffer must be retained and
additional plantings may be required to meet the Type F buffer
standards, established in Section 6.8.6 of this Ordinance, along the
perimeter of the site.
(c) Mobile home stand Sspaces must be set back 40 feet from a public
street right-of-way. The disturbance of land and existing vegetation
within the setback area is prohibited and additional plantings may be
required to meet the standards for a Type C buffer.
(15)(13) Utilities
(a) All utility installations shall comply with applicable building and health
codes of Orange County and the State of North Carolina, and the
requirements of the North Carolina Utilities Commission
(b) Temporary Residential Unit utility services shall meet applicable State of
North Carolina Building Code and HUD requirements.
(c) An adequate and safe potable water supply shall be required for the
mobile home park, from either a municipal or public water system. When
a municipal or public system is not available, the mobile home park must
53
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-47
be serviced by a supply approved in accordance with State and local
regulations.
(d) An adequate and safe method of sewage disposal shall be required for a
mobile home park. Collection systems, sewage treatment facilities, or
individual septic tank systems shall be approved in accordance with
State and local regulations.
(e) Street lighting shall be provided at each street intersection and
throughout the mobile home park. Where the distance between street
intersections exceeds 500 feet, additional street lights may be required.
(f) All permanent utility systems shall be located underground, and
easements necessary for water, sewer, gas, electrical, cable TV,
stormwater, and other permanent or temporary utility systems and their
connection pedestals shall be shown on the mobile home park plans.
5.5.5 Existing Mobile Home Parks
(A) General Standards of Evaluation
(1) Existing mobile home parks that do not meet the standards set forth in this
Ordinance shall be considered non-conforming.
(2) Existing Mobile Home Parks that convert spaces or stalls to accommodate
Temporary Residential Units must meet applicable standards of this section and
Section 2.5.
(3) Non-conforming parks shall not expand in any way, beyond the existing
developed portions, but shall be allowed to remove and replace units existing
within the park at the time of adoption of this section.
(4) Only the replacement of units on an existing mobile home space shall be
permitted, provided the following conditions are met:
(a) The total number of units does not exceed the number existing at the
time that the mobile home park became non-conforming; and,
(b) The existing waste treatment system is functioning properly.
(5) Removal and replacement of such units shall not be considered expansion of the
non conformingnon-conforming use.
(6) New mobile home parks or portions of existing mobile home parks that have
been previously approved, but have not constructed substantial improvements,
including, but not limited to, water systems, roads, parking areas, recreational
facilities and mobile home pads, or do not have sewage disposal systems
installed by the date of adoption of this section shall meet all applicable
standards for new mobile home park as set forth in this Ordinance.
5.5.6 Mobile Homes on Individual Lots
(A) General Standards of Evaluation
(1) Mobile homes, as principal residential buildings on individual lots, in existence at
the time of the adoption of this section may be improved by replacement of the
mobile home with another mobile home in accordance with the following:
(a) The number of mobile home units may not be increased beyond the
number in existence before replacement.
(b) The replacement mobile home must not create non conformingnon-
conforming yards or setbacks.
(c) Replacement mobile home units on individual lots are not required to
meet lot area and dimensional or lot coverage standards, but must meet
54
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-48
setback requirements as well as those requirements specified in
Subsections (4) and (5) below, if applicable.
(2) Individual mobile homes may be erected on any lot where the use is permitted,
provided it is in compliance with the requirements of the zoning district and all
other applicable regulations. These zoning requirements include, but are not
limited to: lot area and dimension; front, rear, and side yard setbacks; and lot
coverage.
(3) Individual tracts of land may be created for the purpose of erecting a mobile
home provided all requirements of this Ordinance, and any other applicable land
development standards are met.
(4) In addition to the requirements contained in Subsections (1) through (3) above,
the following requirements must be met in the Residential 1 (R-1) District:
(a) The mobile home must be placed on a permanent support system (See
definition of "support system", Article 10 of this Ordinance).
(b) The mobile home must be skirted.
(5) In addition to the requirements contained in Subsections (1) through (3) above
the following requirements must be met in the Agricultural Residential (AR)
district:
(a) The mobile home must be skirted.
(b) The home may be placed on a permanent support system, if desired. If
a solid concrete or masonry perimeter foundation is used, the exterior
covering material shall not extend below the top of the foundation.
(6) Temporary mobile homes installed in accordance with the Table of Permitted
Uses are exempt from the support system requirements established in
Subsections (4) and (5) above. However, skirting is required and the mobile
home must be connected in conformance with all applicable laws and
regulations.
5.5.7 Group Care Facility
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements –
In addition to the information required by section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the type of persons to be cared for and the nature of the
care to be provided.
(b) If structural alterations to existing structures or new construction is
required, a complete description of the nature and extent of these
alterations or new construction.
(2) Standards of Evaluation –
(a) The proposed use is not within 500 feet of another existing Family Care
Facility or Group Care Facility.
(b) Structural alterations shall be of such a nature as to preserve the
residential character of the building.
(c) If a state license or permit is required to operate such a facility, the
standards necessary to qualify for such a permit have been met.
5.5.8 Residential Hotel, Dormitory, Fraternity, Sorority, and Religious Quarters
(A) Standards for Class A Special Use Permit
55
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-17
Highest Adjacent Grade (HAG)
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of
the structure.
Historic structure
Any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local
Government (CLG) Program,” which has been approved by the Department of the Interior; or
d) Certified as contributing to the historical significance of a historic district designated by a
community with a “Certified Local Government (CLG) Program”. (CLG Programs are approved
by the US Department of the Interior in cooperation with the North Carolina Department of
Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966, as amended).
Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Home Occupation, Major
An accessory business use which is owned and operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental
and subordinate to the principal residential use of the property. Major home occupations, which do not
meet the standards of a minor home occupation, shall accommodate for larger scale accessory business
uses by allowing for an increase in square footage, number of onsite employees, students, customers,
clients, and annual events with an approved Class B Special Use Permit.
Home Occupation, Minor
An accessory business use, which is owned or operated by the resident of residentially-zoned property,
and is clearly incidental and subordinate to the principal residential use of the property.
Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week,
as distinguished from multi-family dwellings, rooming houses and residential hotels in which rentals and
leases are for weekly or longer periods and occupants are generally residents rather than transients.
Home Park
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5.4 for the placement of mobile homes and Temporary Residential Units for non-
transient (placement for the duration of the lease) use.
Home Park Space
A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary
Residential Unit and for the exclusive use of the occupants of said dwellings. Home Park Space shall
also mean a designated area in a Home Park, provided with the necessary temporary or permanent utility
connections, access, patio, and other appurtenances necessary for the erection thereon of only one
Mobile Home or Temporary Residential Unit, and for the exclusive use of the occupants of said dwellings.
Also see Mobile Home Space.
Hotel, Residential
56
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-28
Skirting is required, and the mobile home must be connected to the required utilities, which include the
plumbing, heating, air conditioning and electrical systems contained therein, provided the unit is not
installed for the purpose of storage. The Orange County Health Department shall determine what type of
sewage disposal system is appropriate. If the unit is installed for the purpose of storage, only under-
skirting is required, connection to the required utilities (listed above) is optional.
Mobile Home Park
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5.4 for the placement of mobile homes and Temporary Residential Units for non-
transient (placement for the duration of the lease) use.See “Home Park.”
Mobile Home Space/Lot
A parcel of land occupied or intended to be occupied by one and only one mobile home and for the
exclusive use of the occupants of said mobile home. Mobile Home Space shall also mean a parcel of
land in a mobile home park, provided with the necessary utility connections, patio, and other
appurtenances necessary for the erection thereon of only one mobile home , and for the exclusive use of
the occupants of said mobile home. Also see Home Park Space.
Mobile Home Stand/Pad
That portion of the mobile home space which has been reserved and prepared for the placement of the
mobile home.
Modular Home
A dwelling unit constructed in accordance with the construction standards of North Carolina Uniform
Residential Building Code for One- and Two-Family Dwellings and composed of components
substantially assembled in a manufacturing plant and transported to the building site for final assembly
and placement on a permanent foundation. Without limiting the generality of the foregoing, a modular
home may consist of two or more sections transported to the site each on its own chassis or steel frame,
or a series of panels or room sections transported to the site on a truck and erected, assembled, or joined
there.
Motor Vehicle Maintenance and Repair
An establishment where the following services are available:
a) Body work,
b) Straightening of body parts,
c) Painting,
d) Welding,
e) Storage of motor vehicles not in operating condition.
Motor Vehicle Repair Garage
An establishment where the following services are available: major mechanical repairs, including engine
overhaul, and transmission work. Repair garages can also offer services similar to service stations.
Motor Vehicle Service Station
An establishment where gasoline, diesel oil and/or other fuel for internal combustion engines is supplied
and dispersed at retail and where, in addition, the following services may be rendered and sales made
and no other:
a) Sale and servicing of spark plugs, batteries and/or distributors and ignition systems parts;
b) Sale, servicing and repair of tires, but not recapping or regrooving;
c) Replacement of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, windshield
wipers and blades, grease retainers, wheel bearings and the like;
d) Radiator cleaning, flushing and fluid replacement;
e) Washing and polishing supplies;
f) Greasing and lubrication;
g) Provision and repair of fuel pumps, oil pumps and lines;
h) Minor adjustment and repair of carburetors;
i) Adjustment and repair of brakes;
57
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-34
Land which contains public or quasi-public uses such as state parks, research forests or known
archaeological or historical sites.
Public Safety Hazard and/or Nuisance
Anything, which is injurious to the safety or health of an Orange County neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Vehicular Areas
Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the public and where the offer for dedication has not been accepted.
Recreation Space
Exterior area appropriately improved for common recreational use. Part of total and livability open space.
Recreation Space Ratio
Recreation space ratio is the minimum square footage of open space in residential areas, suitable by
location, size, shape, access and improvements, required for each square foot of gross land area. This
area is a public or private exterior area improved for recreation of all residents, having a least dimension
of 50 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet.
Recreational Vehicle (RV)
A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing
short term recreational living accommodations, designed primarily not for use as a permanent dwelling,
but as temporary living quarters (i.e., for 180 days or less) for recreational, camping, travel, or seasonal
use. RV Park Models are typically connected to temporary utility services, or if connected to permanent
utility services, converted to Mobile Home standards, designs, and specifications as set forth by the
Orange County UDO, HUD and NC Building Codes.
Recreational Facilities
A use of property occurring indoors and/or outdoors providing recreational amenities, activities, or
services for compensation. Activities shall include, but not be limited to: sports played on a court,
amusement arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool halls, paintball, rope
climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic and yoga
studios, athletic facilities, and gymnasiums.
Reference level
The portion of a structure or other development that must be compared to the regulatory flood protection
elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas
designated as Zone AE, the reference level is the top of the lowest floor.
Regulatory flood protection elevation
The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas
where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation
plus two feet of freeboard.
Rehabilitative Care Facility
A facility licensed by the appropriate state agency, as a group care facility for individuals who are
handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional
health care, adult supervision, or rehabilitation.
Remedy a violation
58
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-59
A mobile home, intended for residential use for a limited period of time, for purposes of providing
temporary residential space during the installation of a replacement mobile home or construction of a
stick-built or modular residential unit on the same lot, and for 30 days after the issuance of Certificate of
Occupancy for the permanent unit. The temporary mobile home is not attached to a permanent or semi-
permanent foundation.
Temporary Residential Unit
A residential unit occupied for no more than 180 days and connected to temporary utility services. The
term includes recreational vehicles, travel trailers, recreational park trailers, FEMA trailers, etc.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Tourist Home
A building or group of attached or detached buildings containing, in combination, three to nine lodging
units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by
transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than
transients.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
Traffic Generation: Medium
Uses which generate an average of between 200 and 800 vehicle trips per day.
Traffic Generation: High
Uses which generate an average of more than 800 vehicle trips per day.
Transmission Lines
a) For lines carrying electrical energy, transmission lines are those which carry 45,000 volts or more.
b) For lines which carry liquids or gases, transmission lines are those operating or designed to
operate at pressures of one hundred pounds per square inch or greater.
Travel Trailer
A structure that is:
a) Intended to be transported over the streets and highways (either as a motor vehicle or attached to
or hauled by a motor vehicle), and
b) Designed for temporary use as sleeping quarters, but that does not meet the definition of a
manufactured home.
Tree, DBH
Diameter at breast height of a tree, which is measured at 4.5 feet above ground surface level.
Tree, Critical Root Zone
The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root
mass to give a tree a reasonable chance of survival. The critical root zone is approximately one foot of
radial distance for every inch of tree's DBH, with a minimum of eight feet.
59
2030 COMPREHENSIVE PLAN AMENDMENTS
APPENDIX F
60
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-1
Appendix F. Relationships Between Land Use
Classifications and Zoning Districts
Per the Orange County Unified Development Ordinance, zoning districts are applied
to Land Use classifications and overlays in accordance with this appendix. A matrix
is provided at the end of this appendix that links the zoning districts to the land
use classifications and overlays listed.
TRANSITION LAND USE CLASSIFICATIONS
CHAPEL HILL AND CARRBORO TRANSITION
On November 2, 1987, a Joint Planning Agreement was adopted by Orange County
and the Towns of Chapel Hill and Carrboro. The Agreement became effective on
November 14, 1988, following the adoption, by Orange County, of zoning plans
prepared by the two municipalities for their respective Transition Areas. The
applied zoning districts are those contained in the Chapel Hill Land Development
Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land
use plan categories contained in the Orange County Chapel Hill Carrboro Joint
Planning Land Use Plan. Reference should be made to the appropriate municipal
ordinance and zoning map for a description of the districts and applicable
development standards. Under the terms of the Joint Planning Agreement, the
Towns of Chapel Hill and Carrboro are responsible for permit administration within
their respective Transition Areas.
10-Year Transition
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. Non-residential uses implemented
in accordance with small area plans and/or overlay districts may be appropriate.
The applied zoning districts include: R-1 (Rural Residential); R-2 (Low Intensity
Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity
Residential); and R-5 (High Intensity Residential), R-8 (High Intensity Residential),
and R-13 (High Intensity Residential) residential uses, and Zoning Overlay Districts.
20-Year Transition
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. The applied zoning districts
include: R-1 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium
Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High
Intensity Residential), R-8 (High Intensity Residential), and R-13 (High Intensity
Residential) residential uses.
COMMERCIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
intensities of commercial development would be appropriate. The applied zoning
districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
(Community Commercial); GC-4 (General Commercial); and O/RM (Office/Research
and Manufacturing).
COMMERCIAL INDUSTRIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
commercial and industrial activities would be appropriate and allowed. The applied
zoning districts include: I-1 (Light Industrial); I-2 (Medium Industrial); I-3 (Heavy
Industrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
61
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-2
(Community Commercial); GC-4 (General Commercial); and O/RM (Office/Research
and Manufacturing).
ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE
Identifies areas along major transportation corridors that may be in proximity to 10-
Year or 20-Year Transition areas of the County which have been specifically targeted
for economic development activity consisting of light industrial, distribution, flex
space, office, and service/retail uses. Such areas are located adjacent to interstate
and major arterial highways, and subject to special design criteria and performance
standards. The applied zoning districts are EDB-1 (Economic Development Buckhorn
Lower Intensity), EDB-2 (Economic Development Buckhorn Higher Intensity), EDE-1
(Economic Development Eno Lower Intensity), EDE-2 (Economic Development Eno
Higher Intensity), EDH-1 (Economic Development Hillsborough Linear Office), EDH-2
(Economic Development Hillsborough Limited Office), EDH-3 (Economic
Development Hillsborough Limited Office with Residential), EDH-4 (Economic
Development Hillsborough Office), and EDH-5 (Economic Development Hillsborough
Office/Flex).
RURAL LAND USE CLASSIFICATIONS
RURAL BUFFER
Only very low density residential, agricultural uses exempt from zoning regulations,
and low-intensity agricultural support uses are appropriate in the Rural Buffer. The
applied zoning district is RB (Rural Buffer).
RURAL RESIDENTIAL
Identifies rural areas to be developed as low intensity and low density residential.
The applied zoning district is R-1 (Rural Residential).
AGRICULTURAL RESIDENTIAL
Agricultural activities and associated residential and commercial uses predominate.
The applied zoning districts reflect this primary land use and include: AR
(Agricultural Residential) and AS (Agricultural Services).
RURAL COMMUNITY ACTIVITY NODE
Identifies rural crossroads communities throughout the County where small scale
commercial activities serving the community and surrounding area are appropriate.
The applied zoning districts include: LC-1 (Local Commercial) and NC-2
(Neighborhood Commercial).
RURAL NEIGHBORHOOD ACTIVITY NODE
Identifies areas in the County where small scale commercial uses serving the
population in the surrounding area are appropriate. The applied zoning districts
include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial).
RURAL INDUSTRIAL ACTIVITY NODE
Identifies rural areas in the County where small scale industrial activities would be
appropriate. The applied zoning district is I-1 (Light Industrial).
OVERLAYS
PUBLIC INTEREST AREA
These lands are considered valuable for recreational and research purposes and are
afforded special treatment. The applied zoning district is PID (Public Interest
District).
62
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63
ORANGE COUNTY
PLANNING BOARD
AGENDA ITEM ABSTRACT
Meeting Date: December 7, 2016
Action Agenda
Item No. 8
SUBJECT: Public Hearing Process – 1-Year Report
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
2016 Quarterly Public Hearing Items
INFORMATION CONTACT: (919)
Perdita Holtz, 245-2578
Craig Benedict, 245-2592
PURPOSE: To provide input into a 1-year report staff is preparing for the Board of County
Commissioners (BOCC) on the public hearing process revisions that were adopted in
November 2015.
BACKGROUND: When the BOCC adopted amendments to the Unified Development
Ordinance (UDO) that revised the public hearing process, the Board also directed that staff
review the process after one year and provide a report to the BOCC on the revised process in
early 2017. Planning Board members may recall that the main revisions to the process
included:
• Having the Planning Board make its recommendation prior to the quarterly public
hearing.
• No longer requiring a Planning Board quorum in order to hold a quarterly public hearing.
(Planning Board members are still expected to attend the hearings).
• Increasing the mailed notice distance from 500 feet to 1,000 feet and providing mailed
notice of Planning Board meetings (in addition to the quarterly public hearing).
Items that were on the 2016 quarterly public hearing agendas are listed in the attachment.
There were a total of 11 items in 2016:
• 10 Legislative items
o 7 UDO text amendments
o 2 Zoning Atlas amendments
o 1 Hillsborough/Orange County Joint Land Use Plan amendment
• 1 Quasi-Judicial item
o Class A SUP for solar array
Of these 11 items, 7 were adopted by the BOCC the night of the hearing, including the Class A
SUP. One item was partially adopted and 3 items remain on-going (UDO text amendment and
zoning atlas amendment pertaining to the Hillsborough EDD and a text amendment pertaining
to subdivisions).
64
Prior to the meeting, Planning Board members should consider how they feel the revised public
hearing process has functioned during this calendar year so that input can be provided at the
meeting.
FINANCIAL IMPACT: There is no financial impact associated with this item.
RECOMMENDATION(S): The Planning Staff recommends the Planning Board discuss the
topic as desired as provide comments/input into the report being prepared for the BOCC.
65
2016 Quarterly Public Hearing Items
Quarterly Public
Hearing Date Item Planning Board Review Date(s)
Ordinance/
Resolution
Number
Adoption Date
2/18/2016 UDO/Zoning Amendment 2016-01
Mailed Notification Requirements
1/6/2016 Recommendation ORD-2016-006 2/18/2016
2/18/2016 UDO/Zoning Amendment 2014-13
Temporary Custodial Care Units
11/4/2015 ORC
1/6/2016 Recommendation
ORD-2016-007
2/18/2016
5/23/2016 UDO/Zoning Amendment 2016-03
Modifications to O/I (Office/Institutional
Zoning District
4/6/2016 ORC
5/4/2016 Recommendation ORD-2016-018 5/23/2016
5/23/2016 UDO/Zoning Amendment 2015-01 Signs 4/1/2015 ORC
12/2/2015 ORC
3/2/2016 Review
4/6/2016 Review/Recommendation
5/4/2016 Recommendation
ORD-2016-019 5/23/2016
9/12/2016 Class A Special Use Permit – Solar Array off
US Highway 70
8/3/2016 Recommendation N/A 9/12/2016
9/12/2016 Other 2016-01 Town of Hillsborough/
Orange County Central Orange Coordinated
Area Land Use Plan Amendments
7/6/2016 ORC
8/3/2016 Recommendation RES-2016-056 9/12/2016
9/12/2016 UDO/Zoning Amendment 2016-02
Modifications to Hillsborough EDD
7/6/2016 ORC
8/3/2016 Review/Recommendation
9/7/2016 Recommendation
ORD-2016-029 Ongoing
9/12/2016 UDO/Zoning Amendment 2016-04
Rezoning of Parcels South of Interstate 40
7/6/2016 ORC
8/3/2016 Recommendation ORD-2016-030 Ongoing
9/12/2016 UDO/Zoning Amendment 2016-09
Modify Use Standards
7/6/2016 ORC
8/3/2016 Review/Recommendation
9/7/2016 Recommendation
ORD-2016-031 9/12/2016
11/21/2016 UDO/Zoning Amendment 2016-11
Modification of Zoning Lot Boundaries
10/5/2016 Recommendation (NOTE:
meeting cancelled due to lack of quorum)
11/2/2016 Recommendation ORD-2016-039
Partial adoption
(11 of 15
parcels) on
11/21/2016
11/21/2016 UDO/Zoning Amendment 2016-06
Subdivisions
9/7/2016 ORC
10/5/2016 Recommendation (NOTE:
meeting cancelled due to lack of quorum)
10/17/2016 Recommendation
ORD-2016-040
Ongoing
66