Loading...
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 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 5-10 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Bu i l d i n g s , P o r t a b l e B B B B B B B B B B B B B B Te m p o r a r y M o b i l e H o m e Te m p o r a r y R e s i d e n t i a l Un i t o r d w e l l i n g (U s e d u r i n g c o n s t r u c t i o n / i n s t a l l a t i o n o f p e r m a n e n t re s i d e n t i a l u n i t , a n d f o r a m a x i m u m o f 30 d a y s fo l l o w i n g i s s u a n c e o f a Ce r t i f i c a t e o f Oc c u p a n c y /C o m p l i a n c e ) * * * * * * AUT O M O T I V E / TRA N S P O R T A T I O N Bu s P a s s e n g e r S h e l t e r * * * * * * * * * * * * * * * * * * * Bu s T e r m i n a l s & G a r a g e s ~ * * * * Mo t o r F r e i g h t T e r m i n a l s ~ * * * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r ( B o d y S h o p ) ~ * * * Mo t o r V e h i c l e R e p a i r G a r a g e ~ * * Mo t o r V e h i c l e S a l e s / R e n t a l ( N e w & U s e d ) * * * * * * * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * * * * * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e * * * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n ~ * * * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * * UTI L I T I E S El e v a t e d W a t e r S t o r a g e T a n k s B B B B B B B B B B B B B B B B B B Pu b l i c U t i l i t y S t a t i o n s & Su b - S t a t i o n s , S w i t c h i n g St a t i o n s , T e l e p h o n e E x c h a n g e s , W a t e r & S e w a g e Tr e a t m e n t P l a n t s A A A A A A A A A A A A A A A A A A A A El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s B B B B B B B B B B B B B B B B B B B Wa t e r & S a n i t a r y S e w e r P u m p i n g * * * * * * * * * * * * * * * * * * * * 37 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 5-17 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) Dw e l l i n g , si n g l e - f a m i l y * * Dw e l l i n g , tw o - f a m i l y * * Dw e l l i n g , m u l t i - f a m i l y ( 6 - 1 2 u n i t s p e r a c r e i n t h e Hi l l s b o r o u g h E D D ) * * Dw e l l i n g , m u l t i - f a m i l y ( 6 + u n i t s p e r a c r e a s p a r t o f mi x e d u s e d e v e l o p m e n t ; m a x i m u m o f 2 5 % o f de v e l o p m e n t s q u a r e f o o t a g e ) * Dw e l l i n g , m u l t i - f a m i l y ( 6 + u n i t s p e r a c r e ) C# Dw e l l i n g , m o b i l e h o m e ( F o r r e p l a c e m e n t o f ex i s t i n g m o b i l e h o m e ) * Te m p o r a r y m o b i l e h o m e o r d w e l l i n g ( F o r oc c u p a n c y d u r i n g c o n s t r u c t i o n o f p e r m a n e n t re s i d e n t i a l u n i t a n d f o r 3 0 d a y s a f t e r i s s u a n c e o f Ce r t i f i c a t e o f O c c u p a n c y ) * * RET A I L Fa r m e q u i p m e n t s a l e s C# C # * Mo t o r v e h i c l e s e r v i c e s t a t i o n C# C # * Mo t o r v e h i c l e s , n e w a n d u s e d , s a l e s a n d r e n t a l C # C # * Ni g h t c l u b s , b a r s , a n d p u b s (O n l y a s a c c e s s o r y u s e t o h o t e l , m o t e l o r re s t a u r a n t ) * * * Re s t a u r a n t s ( c a r r y - o u t a n d g e n e r a l ) w h e n l o c a t e d in a s e r v i c e b u i l d i n g , c o u r t o r p l a z a , r e t a i l s t o r e , o r en c l o s e d m a l l c o n s i s t i n g o f m u l t i p l e u s e s * * * Re s t a u r a n t s ( c a r r y - o u t a n d g e n e r a l ) i n a s e p a r a t e , fr e e - s t a n d i n g b u i l d i n g * C # * Re s t a u r a n t s ( d r i v e - i n ) i n a s e p a r a t e , f r e e - s t a n d i n g bu i l d i n g C# C # * Re t a i l T r a d e ( S e c t o r s 4 4 , 4 5 ; e x c l u d i n g S u b s e c t o r 45 4 N o n - s t o r e r e t a i l e r s ) ( O n l y H i l l s b o r o u g h E D D th r o u g h C o n d i t i o n a l U s e D i s t r i c t o r M P D - C Z ) 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 e o f P e r m i t t e d U s e s – 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 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 . AGR I C U L T U R A L USE S Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y ^ * * Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , C o m m u n i t y * Ag r i c u l t u r a l S e r v i c e s U s e s * * Co l d S t o r a g e F a c i l i t y * * Co m m u n i t y F a r m e r s ’ M a r k e t * * Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g * Co m p o s 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 * Fa 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 c e s s i n g F a c i l i t y , C o m m u n i t y * Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l ^ * No n - F a r m U s e o f F a r m E q u i p m e n t * St a b l e s , C o m m e r c i a l * * St 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 i d e n c e f o r 3 t o 1 2 C h i l d r 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 * Sc 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 & M 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 * Ju n k y a r d s Ke n n e l s , C l a s s I * Ke n n e l s , C l a s s I I * La u n d r y & D r y C l e a n i n g S 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 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 . Ni 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 & P e r s o n a l S e r v i c e s , C l a s s 3 * Pr o f e s s i o n a l , S c i e n t i f i c & T e c h n i c a l S e r v i c e s ( S e c t o r 5 4 ) * Re a l E s t a t e A g e n t s & B r o k e r s * * Re p a i r S e r v i c e E l e c t r o n i c & A p p l i a n c e * Re s t a u r a n t s : C a r r y O u t * Re s t a u r a n t s : D r i v e I n * Re s t a u r a n t s : G e n e r a l * Re t a i l , C l a s s 1 * Re t a i l , C l a s s 2 * Re t a i l , C l a s s 3 * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t I n n * * Ru r a l G u e s t E s t a b l i s h m e n t : C o u n t r y I n n * * St o r a g e o f G o o d s , O u t d o o r * * * St o r a g e o r W a r e h o u s i n g : I n s i d e B u i l d i n g * * St u d i o ( A r t ) * * Ta x i d e r m y * Th e a t e r , I n d o o r o r O u t d o o r ( i n c l u d i n g D r i v e - i n s ) * * To u r i s t H o m e Wh o l e s a l e T r a d e * Wi 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 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 . 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 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 . Te l e c o m m u n i c a t i o n T 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 ) * * TEM P O R A R Y USE S Bu i l d i n g s , P o r t a b l e * Te m p o r a r y M o b i l e H o m e ( U s e d u r i n g c o n s t r u c t i o n / i n s t a l l a t i o n o f pe r m a n e n t r e s i d e n t i a l u n i t a n d f o r 3 0 d a y s f o l l o w i n g i s s u a n c e o f Ce r t i f i c a t e o f O c c u p a n c y * TRA N S P O R T A T I O N Bu s P a s s e n g e r S h e l t e r * Bu s T e r m i n a l s & G a r a g e s * Mo t o r F r e i g h t T e r m i n a l s * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r (B o d y S h o p ) * Mo t o r V e h i c l e R e p a i r G a r a g e * Mo t o r V e h i c l e S a l e s R e n t a l (N e w & U s e d ) * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * UTI L I T I E S El e v a t e d W a t e r S t o r a g e T a n k s * * Pu b l i c U t i l i t y S t a t i o n s & S u b - St a t i o n s , S w i t c h i n g S t a t i o n s , Te l e p h o n e E x c h a n g e s , W a t e r & S e w a g e T r e a t m e n t P l a n t s * * El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s * * Wa t e r & S a n i t a r y S e w e r P u m p i n g * * So l a r A r r a y – L a r g e F a c i l i t y * * So l a r A r r a y – P u b l i c U t i l i t y * * 44 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 5-28 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 . WAS T E MAN A G E M E N T La n d f i l l s ( 2 A c r e s o r M o r e ) La n d f i l l s ( L e s s T h a n 2 A c r e s ) Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S . T . O . L . As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 O c c u p a n t s ^ * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 O c c u p a n t s * * * Ce m e t e r y Ch u r c h * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n C l u b h o u s e s * * Co m m u n i t y C e n t e r * * Cr e m a t o r i a * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e * * In f o r m a t i o n ( S e c t o r 5 1 ) * Re s e a r c h F a c i l i t y * Re s e a r c h L a n d s & I n s t a l l a t i o n s , N o n - p r o f i t * Ru r a l H e r i t a g e M u s e u m * Ru r a l S p e c i a l E v e n t s * * 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 Ap p e n d i x F : L a n d U s e a n d Z o n i n g M a t r i x Or a n g e C o u n t y C o m p r e h e n s i v e P l a n Pa g e F-3 1 T h e t i t l e o f t h e d i s t r i c t i s b e i n g m o d i f i e d c o n s i s t e n t w i t h t h e p r o p o s e d U D O t e x t a m e n d m e n t s . ZO N I N G D I S T R I C T S RB AR R-1 R-2 R-3, R-4 R-5, R-8, R-13 LC-1 NC-2 CC-3 GC-4 EC-5 0/RM I-1 I-2 I-3 EI EDB-1, EDB-2, EDE-1, EDE-2, EDH-1, EDH-2, EDH-3, EDH-4, EDH-5 AS Special Zoning Overlay District PID ASE-CZ MPD-CZ MHP-CZ 1 L a n d Us e C l a s si f i c a t i o n s & Ov e r l a y s Transition C h a p e l H i l l T r a n s i t i o n Pe r m i t A d m i n i s t r a t i o n b y M u n i c i p a l i t i e s u n d e r t h e p r o v i s i o n s of t h e J o i n t P l a n n i n g Agreement- C o n t a c t ap p r o p r i at e Mu n i c i p a l i t y fo r ap p l i c a b l e Zo n i n g S t a n d a rds C a r r b o r o T r a n s i t i o n 1 0 - Y e ar T r a n s i t i o n ♦ ♦ ♦ ♦ ♦ ♦ ♦ 2 0 - Y e a r T r a n s i t i o n ♦ ♦ ♦ ♦ ♦ ♦ ♦ C o m m e r c i a l T r a n s i t i o n A c t i v i t y N o d e ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ C o m m e r c i a l - I n d u s t r i a l T r a n s i t i o n A c t i v i t y ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ E c o n o m i c De v e l o p m e n t T r a n s i t i o n A c t i v i t y N o d e ♦ ♦ ♦ Rural R u r a l Bu f f e r ♦ ♦♦ R u r a l Re s i d e n t i a l ♦ ♦♦ A g r i c u l t u r a l Re s i d e n t i a l ♦ ♦ ♦♦ R u r a l C o m m u n i t y A c t i v i t y N o d e ♦ ♦ ♦ ♦ R u r a l Ne i g h b o r h o o d A c t i v i t y N o d e ♦ ♦ ♦ R u r a l I n d u s t r i a l A c t i v i t y N o d e ♦ ♦ Overlay P u b l i c I n t e re s t A r e a ♦ 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