HomeMy WebLinkAboutOCPB agenda 0201171
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, February 1, 2017
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
3 – 4
INFORMATIONAL ITEMS
a. Planning Calendar for February and March
• February 13 – Quarterly Public Hearing
• March 1 – Planning Board Meeting
3.
5 – 7
8 – 20
APPROVAL OF MINUTES
January 4, 2017 Meeting Minutes
January 4, 2017 ORC Notes
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
2
No. Page(s) Agenda Item
7. 21 - 73 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - To re-
review and 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 Planning Board recommended approval of
this item on December 7, 2016; subsequent revisions by the County
Attorney’s office necessitates that the amendment be reviewed again by
the Planning Board. This item is scheduled for the February 13, 2017
quarterly public hearing.
Presenter: Patrick Mallett, Planner II
8.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
9. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR
MICHAEL HARVEY (919-245-2597).
2
< January February 2017 March >
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
ORC-
7:15 pm
Planning Board
Meeting*
7:00 pm
WCOB 004
5 6 7 8 9 10 11
Board of
Adjustment
Meeting
7:30 pm
WCOB 004
Regular BOCC
Meeting
7:00 pm
Whitted
Building
12 13 14 15 16 17 18
Quarterly
Public Hearing*
7:00 pm
Whitted
Building
OUTBoard
meeting
6:30 pm
WCOB 004
BOCC Work
Session
7:00 pm
Southern
Human
Services
19 20 21 22 23 24 25
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
Joint Town of
Hillsborough/
BOCC Meeting
7:00 pm
Whitted
Building
26 27 28
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
3
< February March 2017 April>
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
ORC-
Time TBD
Planning Board
Meeting*
7:00 pm
WCOB 004
5 6 7 8 9 10 11
Board of
Adjustment
Meeting
7:30 pm
WCOB 004
Regular BOCC
Meeting
7:00 pm
Whitted
Building
12 13 14 15 16 17 18
OUTBoard
meeting
6:30 pm
WCOB 004
Joint Town of
Hillsborough/
BOCC Meeting
7:00 pm
Southern
Human
Services
19 20 21 22 23 24 25
Regular BOCC
Meeting
7:00 pm
Southern
Human
Services
26 27 28 29 30
Legislative
Breakfast
8:30am –
Solid Waste
Admin Office
BOCC Work
Session
7:00 pm
Whitted
Building
Notes:
* Planning Board Member
Attendance Required or Expected
WCOB = West Campus Office
Building (131 W. Margaret Lane,
Hillsborough)
4
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MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 JANUARY 4, 2017 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; Laura Nicholson, Eno Township Representative; 11 12 13 MEMBERS ABSENT: 14
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 17
Administrative Assistant II 18
19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20
21
Lydia Wegman called the meeting to order. 22
23 AGENDA ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR FOR 2017 24
25
Laura Nicholson: I think you two are doing a fantastic job. Are you either of you trying to get out of it or are you ok 26
with continuing it? 27
28
Lydia Wegman: I’m fine with continuing if that is the will of the Board. Tony? 29
30
Tony Blake: Yeah, I’ll play along. 31
32
Michael Harvey: There needs to be an official motion. 33
34
Lydia Wegman: Does anyone else want to do it? I’m happy to turn it over if someone else wants to do it. 35
36 37 MOTION by Laura Nicholson to re-elect Lydia Wegman for Chair and Tony Blake for Vice-Chair. Seconded by Kim 38
Piracci 39 VOTE: UNANIMOUS 40
41 AGENDA ITEM 3: INFORMATIONAL ITEMS 42
a) Planning Calendar for January and February 43
• February 1 – Planning Board Meeting 44
• February 13 – Quarterly Public Hearing 45
46
Lydia Wegman informed the Board of the Planning Board Meeting on February 1st and the Quarterly Public Hearing 47
on February 13th. 48
49
50 AGENDA ITEM 4: APPROVAL OF MINUTES 51 December 7, 2016 Meeting Minutes 52
53
54
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Kim Pirraci pointed out page 13, line 386 and informed that she was not the one who said that. 55 56 MOTION by Buddy Hartley to approve the December 7, 2016 Planning Board minutes as amended. Seconded by 57
Tony Blake. 58 VOTE: UNANIMOUS 59
60 61 AGENDA ITEM 5. CONSIDERATION OF ADDITIONS TO AGENDA 62 63
No additions to Agenda 64 65 AGENDA ITEM 6: PUBLIC CHARGE 66 67 Introduction to the Public Charge 68
The Board of County Commissioners, under the authority of North Carolina General Statute, 69
appoints the Orange County Planning Board (OCPB) to uphold the written land development 70
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 71
harmonious development. OCPB shall do so in a manner, which considers the present and 72
future needs of its citizens and businesses through efficient and responsive process that 73
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 74
will make every effort to uphold a vision of responsive governance and quality public services 75
during our deliberations, decisions, and recommendations. 76
77
78
PUBLIC CHARGE 79
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 80
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 81
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 82
public charge, the Chair will ask the offending member to leave the meeting until that individual 83
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 84
until such time that a genuine commitment to this public charge is observed. 85
86
87 AGENDA ITEM 7: CHAIR COMMENTS 88
89
No comments 90
91 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS 92 a) BOARD OF ADJUSTMENT 93 b) ORANGE UNIFIED TRANSPORTATION 94 95
96
Michael Harvey informed the Board that the Board of Adjustment will reconvene a public hearing next January 9th for 97
a telecommunication tower off of Mount Carmel Church Road. 98
99
Craig Benedict: The County as part of this year’s current budget process has created a new department. So Orange 100
Public Transportation will be un-nestled from the Planning and Inspections Department and they’ve hired a new 101
Transportation Director starting next Monday. 102
103
Tony Blake: Can you share his name? 104
105
Craig Benedict: Mr. Letman. 106
107
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Craig Benedict: There’s still a lot of connectivity with the OUTBoard and the Planning Department. But at least, 108
operationally and granted administration can be a little more independent than it has. 109
110
Lydia Wegman: So will that department handle things like mass transit? 111
112
Craig Benedict: Yeah. Or different service needs. Working with the citizens, and working with DSS, and aging 113
department and things like that. And all the services will still be nestled in there and I’ll be part of the OUTBoard 114
process and I’ll introduce you to him. 115
116
Tony Blake: Could we ask for a read out from him at some point or just a chat to see where he is on things? 117
118
Craig Benedict: I think we are in heightened alert at this moment because the Go Triangle is trying to update the bus 119
and rail investment plan within a 2-month period and so they’re asking for all the needs for bus service in Orange 120
County to year 2045. It’s kind of hard to evaluate all of that within a 2-month period and we were having meetings 121
every week in December. It’s a long story but we received something just last Friday that said they were looking for 122
an additional $40,000,000 from the County to help with the deficiencies and funding revenue sources for the light rail 123
and the meeting on Friday said, “Never mind, we don’t need $40,000,000 from the County”. 124
125
Tony Blake: Well did you read the budget? The first paragraph says they don’t and then the second paragraph says 126
they do. But will Mr. Letman take over the OUTBoard? 127
128
Craig Benedict: No. It’ll still be run by the Planning Department but four times a year there will be a Transportation 129
Services Advisory Board that will be part of that OUTBoard that will talk specifically about public transit needs. 130
131
Lydia Wegman: Unless there are any other items for discussion by the Planning Board we can adjourn this meeting 132
and move onto our ORC meeting. 133
134
135 AGENDA ITEM 10: ADJOURNMENT 136
137
Planning Board meeting was adjourned by consensus. 138
139
140
____________________________________
Lydia Wegman, Chair
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SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JANUARY 4, 2017 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 Representative; Tony Blake (Vice-Chair), 8
Bingham Township Representative; Maxecine Mitchell, At-Large Bingham Township; Lisa Stuckey, Chapel Hill Township 9
Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia Roberts, Cheeks Township Representative; Paul 10
Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Kim Piracci, At-Large; Laura 11
Nicholson, Eno Township Representative; 12
13
14
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 15
Administrative Assistant II. 16
17
18 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 19 20
Lydia Wegman called meeting to order. 21
22 23 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – REORGANIZATION OF TABLES OF 24 PERMITTED USES 25
To review and discuss proposed amendments to the UDO that would reorganize the Tables of 26
Permitted Uses in response to the Byrd v. Franklin County judicial decision. As work progresses on this 27
item, which is expected for the September 2017 quarterly public hearing, the ORC will have additional 28
opportunities for review and comment. 29 Presenter: Michael Harvey, Current Planning Supervisor 30 31
Michael Harvey reviewed the abstract. 32
33
Paul Guthrie: Can I ask one question? More give me a better idea of the framework within. You mentioned nuclear power 34
plant, which I realize was to make an example. Nuclear power plant can only be built if it’s permitted by the federal 35
government. Federal government rules total charge of that particular industry. Would this thing you’re working on have any 36
ability to stymie the federal government? 37
38
Michael Harvey: No. Just like the County cannot deny or allow it’s Boards to deny a telecommunication tower based on 39
concerns over RF radiation or RF radiation poisoning. When the federal government has essentially said, “You local 40
governments don’t have jurisdiction over this. We have found there to be no problem”. 41
42
Paul Guthrie: The second thing was just a general broad comment that I think I’m fair in saying the two largest military bases 43
in the state were created by the federal government without regard to either state law or local jurisdiction and Camp Lejeune 44
and Fort Bragg. So I think somehow we need to make very clear that this is what is available under state and County 45
regulation and law, but anything occurring at the federal level will certainly supersede it. 46
47
Michael Harvey: Well it goes without saying Federal law preempts state and local regulatory authority. Just like state law 48
preempts us. State can essentially do what it would like to do with its property without any local involvement whatsoever. Now, 49
we have been fortunate at times for the State to actually want to encourage and promote cooperative relationships on the 50
local government level and want to work with local government officials in addressing state development. That doesn’t always 51
have to be the case and I can point to a couple of examples in Chapel Hill and even Raleigh, involved with the Universities 52
where that level of cooperation probably was not as heartfelt. 53
54
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Paul Guthrie: So I guess my only comment is that I think that this is an even more difficult task than just going through this 55
stupendous process to get through the tables that make the existing Planning function. 56
57
Michael Harvey: Well I’ll do you one better Paul. I think that one a certain level you don’t have to worry about the Federal or 58
even the State preemption because it exists. You can sit there and say, “We’re not going to allow nuclear power plants”, which 59
means that you as a member of a utility company looking to break into an area as a profit based initiative have no opportunity 60
to develop that particular land use. Whereas Federal and State governments through their utility commission authority can 61
say, “No. Duke or Piedmont or whoever, we’re giving you a license to develop this type of facility and Orange County or 62
whoever, you’re preempted from stopping us from moving forward”. Now, it still has to go through their various processes and 63
there are various processes they have to go through where you can still have a denial of a permit. Our authority comes from 64
153(a)340. And the state giveth and the state can taketh away. And the asphalt plant, I know, is a bad example but it’s 65
designed to kind of spell out that the State has defined that we can do X, Y, and Z. But they have the right under the 66
provisions of the State Law to tweak how we get to do X, Y, and Z. Our goal here is to ensure that we are not creating a 67
loophole where by somebody gets to do something because we either weren’t as detailed oriented as needed be to ensure 68
compliance with Byrd V. Franklin. Or that we didn’t think of a particular land use category and said, “Oh, well we think it’s this”. 69
And then it becomes and interpretive nightmare and a potential court proceeding where we’re told, “No, you didn’t list it so by 70
definition it’s allowed”. 71
72
Tony Blake: What does this decision actually say? 73
74
Michael Harvey: Well the decision actually says… 75
76
Tony Blake: Because I had two questions regarding that inside this… 77
78
Michael Harvey: The Court stated as I’ve pulled out of the abstract, the law factors uninhibited free use of private property over 79
government restrictions. So you have to spell out what is and is not allowed so that you know. 80
81
Tony Blake: So if it’s not stated it’s permitted? 82
83
Craig Benedict: Right. 84
85
Michael Harvey: If it’s not stated it’s permitted or if you don’t define it to a point where you say, for example sexual oriented 86
businesses because this is a conversation we’re currently having with the Attorney’s Office. We’ve defined sexually oriented 87
businesses as including a plethora of activity. So the question that James and I are wrestling with is do we need to list out 88
these 50 uses we have in definitions or is it reasonable to have them in definitions? Right now he’s edging his bets and saying 89
I think the definitions will work because we’ve defined this is what they are, oh and by the way here are the 50 individual 90
definitions for each use. 91
92
Tony Blake: So then let me just follow my train of thought here because when I read that and how I interpreted it and that was 93
what I thought… I came up with two things reading this. For one thing, banks and financial institutions are listed in two 94
different categories. One in commercial and one in financial, I think. Why? Is one an ATM and the other a full-blown walk in 95
bank bridge or? That’s the kind of use that I’m… The way somebody using something has a big bearing on this. Above ground 96
water tanks is another example where if you’re using them for the purposes of fire suppression to prime a sprinkler system or 97
something like that it’s different than something there to wash out a garbage truck. What I’m saying is the intent of the use is 98
more open in this sort of a… 99
100
Michael Harvey: Well I would actually do you one better. A water tank in this context, when you’re looking at it from this point 101
of view is typically looked at as a primary or principal use. Which doesn’t mean that your business, already listed and 102
developed, can’t have a water tank as an accessory. Either to prime a required sprinkler or do other things you need to do. So 103
part of the thing you have to keep in mind is we’re looking at defining what allowed uses are per district. There may be 104
ancillary uses that every use is allowed to develop as a customary accessory use that may not necessarily have to be listed 105
this table either. The other example I’ll give you is: Single family residence you want to build a playground, a swing set for your 106
children. A swing set’s not going to be listed in here as an example. We don’t have to get to that granular level. But it is 107
covered under the vernacular of accessory land uses, which and again I’m taking your one example to a little bit of an extreme 108
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but it’s designed to try to give you an answer that you’re comfortable with. The other thing I want to remind everybody here is 109
that we basically have only two categories of land uses in this County. And those are the general land uses that get further 110
broken down and permitted by right, meaning staff review and approval or Special Use. Meaning they go to Board of 111
Adjustment or County Commissioners for Class A SUP. Then you have the conditional. Conditional districts know, as you 112
might recall from when we did Hearts Mill, list out their own individual uses as part of that development proposal, that 113
development application. There are activities shown in table 5.2.3., which we have in attachment 2 but primarily you also as 114
an applicant can negotiate with the County Commissioners about what those activities could be in certain circumstances. 115
Now, Rita… Everybody remember Rita of the rural economic development activity area, on the 57? That has a list of specific 116
uses. You rezone to Rita, you have to pick one of those uses. Master plan is a global conditioning-zoning district where you’re 117
picking and choosing and proposing to this Board to make a recommendation and the elected officials ultimately approved. 118
That was Hearts Mill, just to give you an example. So part of this is to ensure that when we’re talking about the general use 119
districts you all know and love, such as rural buffer, neighborhood commercial, general commercial, I’m not going to list them 120
all but you get the gist. And then the economic development districts, Buckhorn, Eno, and Hillsborough. You’re going to have 121
consistency in how each land use category is referenced, defined. Within the County you may have a difference in where 122
they’re allowed. For example, you may only allow an asphalt processing batch plant, and again this is just example, in the 123
heavy industrial, which is I-3 and the Hillsborough Economic Development district 5, and nowhere else. But those are the two 124
places where that land use category is going to be permitted. Is everybody with me so far? 125
126
Lisa Stuckey: Does this have to be so precise that you include indoor ski resorts and tesla reproduction manufacturing plants? 127
128
Michael Harvey: The direction I’m getting from the County Attorney’s Office is I have to be as explicit as humanly possible. 129
Now do I have to spell out a Nissan manufacturing plant or Tesla? It’s a good question. Do I have to spell that out implicitly? 130
No. I have to say automotive manufacturing and that can cover the gambit. 131
132
Tony Blake: But there may be a distinction between a gasoline powered manufacturing plan and an electric powered 133
manufacturing plant. 134
135
Michael Harvey: Well it’s still a car. 136
137
Tony Blake: Right but they have different materials and processes and hazards. 138
139
Michael Harvey: Well you may want to have a distinction from the standpoint of what district you allow them in but you don’t 140
necessarily point out and spell out unless you want to. If you want to get to that granular level you could conceivably do that 141
with this. We didn’t take it that way for this example, I think we have actually in there automotive manufacturer. And that’s the 142
category. So the other part of this and this goes back to Lisa’s question earlier, the NAICS code. We are using NAICS 143
because it is an exhaustive list. 144
145
Lisa Stuckey: Well, why reinvent the wheel? 146
147
Michael Harvey: Well that’s part of it. The other part of it is the Staff is still trying to determine if we want to keep references to 148
sector numbers and our initial response here is we’re probably not going to because it’s just going to confuse the issue. 149
150
Tony Blake: Well how do you enforce that granular area? 151
152
Michael Harvey: Well you define uses in your own UDO. And because you also can’t, and James Bryan would disagree with 153
me, I have a hard time saying that we’re going to reference an external document or an external table in terms of defining 154
what this is. It needs to be in our code. So this is the level of complexity we’re about to begin. 155
156
Craig Benedict: It helps with Economic Development. When I would say light manufacturing is allowed in economic 157
development Buckhorn they would say, “Are you sure? You just have it all under light manufacturing. I’d like to see that food 158
processing is allowed”. And under the NAICS code there is something, you know candy production is listed as a sub-category. 159
Also a device that we’re going to use to move through these things as fast as possible, as Michael said the general 160
categories, the RV’s, and the commercials, and the residential, and the economic development and conditional zoning, we’ll 161
put up a use somewhere and we’ll try to populate it as much as we can based on what’s in there. And then we’re going to say, 162
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“do you have trouble with rubber hose manufacturing?” and we’re going to have some little voting clickers and if everybody 163
kind of gets a straw vote that it’s ok then we move to the next one, because there’s going to be a lot of questions. The 164
Commissioners have, just when we went through the Hillsborough Economic Development Zone we asked them to weigh in in 165
those districts and there were five separate districts in Hillsborough and they had questions. Not the majority, but some did 166
have questions. And then the question was what does that exactly mean and the NAICS code does have definitions of those 167
specific areas, so we threw that their way. So it is a long task but it is going to add to some specificity for really everybody 168
concerned, instead of Craig or Michael saying, “Oh that seems like light manufacturing to us”. We’ll have a little more 169
coverage if it’s listed or not. 170
171
Tony Blake: This reminds me of the old IBM thing in the park right when IBM moved into the park and everybody was 172
complaining and they said, “this is a research park, we don’t allow manufacturing” and IBM attorney’s came back and said, 173
“Well we don’t manufacture, we assemble”. So back to my water tower example, doesn’t the way they’re going to use that 174
matter? 175
176
Michael Harvey: On one level, no. On another level, stand-alone water towers… are you concerned we’re not going to allow a 177
utility to have a water tower? 178
179
Tony Blake: No, I’m just… When I look at it it’s not a use. It’s a thing that can be used in a myriad of different ways. 180
181
Michael Harvey: I can actually point to two water towers in Orange County that are stand alone uses that serve a utility 182
function for the utility provider that has it there. I can also tell you water towers in certain volunteer fire departments to serve as 183
prime pumps to drain and put into an engine as emergency water preserve. But in that instance I would call it a customary 184
accessory use to the volunteer fire department versus a stand-alone use. It’s connected to the principal activity… And it’s a 185
broad example. 186
187
Tony Blake: Again, I get back to what happens when this thing is listed in two different categories, like banks and financial 188
institutions. 189
190
Craig Benedict: We’re going to get them all into one. 191
192
Tony Blake: Ok. So the intent is to remove them from the commercial use and put them in the financial? 193
194
Michael Harvey: Well I think as we have the footnote we have it listed as it currently is and we said we’re going to have to 195
broaden and move it. Just like retail. 196
197
Tony Blake: I guess I’m over it. I was left with this… when I look down this column called “Use type” there are things in there 198
that don’t strike me as uses so much as they are… 199
200
Michael Harvey: Well there are examples all throughout. One big example I’ll throw out as Tony’s looking for his example is 201
somewhere in here, and we included it because it’s listed in the NAICS table, we’ve actually foot noted it and said this is just to 202
kind of give you an illustration for discussion purposes, land subdivision. I’m on page 43. And the footnote we have, this is 203
listed in NAICS, and our goal is to try to pull in as much of NAICS as possible to kind of show you what we’re dealing with. 204
Land subdivision is not a land use. We included for reference and discussion purposes. This actually goes to Tony’s point. 205
There’s stuff in here that we’re not going to be keeping but we have to have it in here because we’re trying to give you what 206
the NAICS table says because at some point, I know if I were you, I’d be wondering, “Well I went and looked at the NAICS 207
code and you skipped two uses; was that on purpose?”. 208
209
Tony Blake: So special events were another one that that’s something that is an activity somewhere else. There isn’t really a 210
special event? 211
212
Michael Harvey: Well that’s a current land use. 213
214
Craig Benedict: The NAICS code almost went beyond just a use type. It listed an activity, like construction. I think it does give 215
a very exhaustive list and we can weed through some of those things. 216
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217
Tony Blake: And they apparently do make the distinction in here between manufacturing and assembling. 218
219
Lydia Wegman: So you’ve given us an example of the NAICS code here. 220
221
Michael Harvey: And we’re going to get into some of the specifics in a few minutes. 222
223
Lydia Wegman: Ok, that’s fine. Paul has a question I think. 224
225
Paul Guthrie: I just happened to read something on this particular page that you were talking about and that is streets, 226
highways, and bridge construction, and then your explanation is obviously there. Many of the secondary roads in this State 227
and in this County have never had formal right of way acquisition. In the 1930’s when the State took over the right of way 228
system they just did it by Fiat and I know for a fact, at least 15 years ago when my parents were selling their property, there 229
was no record of the State right of way across the property; how are you going to handle that in this rigid schedule of 230
definitions. 231
232
Michael Harvey: I’m not. That’s a State problem. And I’m going to let it be a State problem. 233
234
Paul Guthrie: But it’s also a land owner’s problem. 235
236
Michael Harvey: Unfortunately, the County since we have no jurisdiction over the Department of Transportation there’s no 237
reason, from my stand point at least, for us to get into the fight. We will regulate private road development through the 238
subdivision process still and I would suggest… The subdivision road construction is going to be consistent with the ordinance, 239
which means you need to show us your right of way. If you, as a developer on a private road, want to take it to the center line 240
and deal with some of the ramifications of that then that’s your prerogative, we don’t recommend it. We have private roads out 241
of there where the right of way is just that, it’s a right of way. And it’s been plated independently to A: Avoid impervious surface 242
issues for the adjoining property owners and B: to get a clear title for the Home Owners Association about what they are 243
maintaining. That is, unfortunately, the exception to the rule. In most modern subdivisions where a public road is proposed we 244
look for dedication of the right of way. DOT, as you’ve pointed out, just has to establish a right of way, say it’s for X purpose 245
and go through the condemnation process prescribed by State law, but doesn’t have to take end fee title to that land but it is a 246
right of way that is defined for state purpose and state use. While clumsy, if that’s the way the State chooses to do business, 247
God bless you. I don’t want the liability of having to get in that because we’ll lose every time and for the exact reasons that 248
you’ve already brought up. That your parents went through some frustrations with their house. 249
250
Tony Blake: So an elevated water storage tank, in order to use that to charge or keep pressure in your sprinkler system in 251
your building you would have to classify that as a utility? 252
253
Craig Benedict: Not if it’s an accessory use. 254
255
Tony Blake: Ok so that’s what Michael was trying to say? And I probably wasn’t hearing exactly that. 256
257
Lydia Wegman: So I’m wondering at this point, unless there are any other questions, it’d be helpful for Michael to go through 258
some examples with us. 259
260
Michael Harvey continued reviewing abstract. 261
262
Craig Benedict: Let me just make one comment about the Economic Development District. There are two in Buckhorn, two in 263
Eno, and five in Hillsborough. If by chance when we come up with the uses that are allowed in those nine districts in what we 264
have in there now, if it happens that Economic Development Buckhorn one is the same as Economic Development Eno one is 265
the same then we may suggest as a second step, “Let’s come up with ED-1 and get rid of the B and the E and all that stuff. 266
But we’re going to have to go through this iteration because those zoning categories are on the ground and we’ll have to 267
actually go through a zoning process to rename them the different areas. So just like you might remember some of those 268
general or conventional districts we came up with. That new office-manufacturing district, that was a really good mix of uses. 269
We can’t use that in our Economic Development zones right now. We’d love to use that in the other categories so we might 270
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come up with some as we’re looking at this and say, “Oh that would be good somewhere else”, and have to go though some 271
extra steps to collapse it even further to use more of a general Economic Development zone. We know there’s uniqueness 272
between those three zones. They’re kind of a part of three separate agreements with the local municipalities that they annex 273
them. So they’re probably going to retain some of their uniqueness, but if there’s a chance we can collapse, we may. 274
275
Tony Blake: That’s why I asked that question this afternoon about Chapel Hill’s new light industrial and the thing that we just 276
approved outside of Hillsborough sounds like they should be similar, if not the same. 277
278
Lydia Wegman: Ok, so that’s not what you’re doing? 279
280
Michael Harvey: Right. We may be making recommendations but this is not going to collapse anything. I think it’s fair to say 281
we would get lost in the minutia of the collapse versus getting the table permitted uses fixed. This is, again, already going to 282
an endeavor. This is already going to be involved. There’s not reason to overcomplicate this ay more than it’s going to have to 283
be. But I think it would be valuable to hear your comments along those lines as we move forward. Why do we have it broken 284
up this way? Why can’t we look at collapsing it? County Commissioners, maybe a future project is X, that is something that 285
you need to keep in mind and that is something that could be beneficial as we go through the process. 286
287
Tony Blake: So just for the sake to make it easier to parse the information is it possible to get this in an XL spreadsheet? 288
289
Michael Harvey: Anything’s possible. 290
291
Tony Blake: Yeah I’m just… being able to write a formula to say, “give me all the ones that have this use, or all of the 292
categories of zoning districts that have this use” because I expect that the paper is going to be longer even than it is wider. It’s 293
going to be huge. And just being able to sort in a spreadsheet would be, I think, easier. And then later, as a Word product if it’s 294
in a common separated format it’s easier to computerize or put in a place where it can be accessed electronically as opposed 295
to by paper. That’s all. I’m making that suggestion, not necessarily… 296
297
Michael Harvey: It’s not a bad idea. The question is how many iterations are we going to be producing? 298
299
Tony Blake: Right, you want one controlled copy. 300
301
Michael Harvey: Yeah, and I think that’s probably where most of my concern is. I think that it’s important that we’re providing 302
you this information in a format and a mechanism that you all can make best use of it and if that’s the best way to do this then 303
we’re going to have to investigate it. Obviously, it’s going to have to be in a table when we get to the final iteration of this so 304
that it’s going to be able to be put into the UDO formatting. 305
306
Paul Guthrie: Can I ask one quick question just to help me get a reference on how we deal with this? What was the decision 307
and on what subject of the Byrd case? 308
309
Michael Harvey: Well the Byrd case involves somebody being denied. There were elements of references to a shooting range 310
but if there was another land use and somebody wanted to develop and somebody made the distinction that, “Well the land 311
use in and of itself is not permitted” We think it falls into this category however which is not permitted in your zoning district. 312
And the suit was, “No, you have to give me a comprehensive list telling me what I can and cannot do with my property. 313
Because if you’re not then you’re denying me fair and impartial use of it because you’re not telling me you can do this and this 314
and this. If it’s all based on your supposition of what this term means and this term means then I don’t have a clear, easily 315
understandable, definable path to determine whether I can do something with my property”. And the Court basically said, 316
“That’s accurate. The responsibility is on the government to provide that data so that you as a property owner can make that 317
choice without necessarily either A: Having to have a degree in Planning or B: At the whim of a Craig or a Michael to decide 318
how to define the term”. 319
320
Paul Guthrie: And then once you do that then it can be litigated. 321
322
Tony Blake: Or it can change over time. 323
324
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Paul Guthrie: So the question is do you make a list that is as encompassing as possible in definition of functions or do you 325
make a list that is as complicated as it will be to things you can’t do? 326
327
Michael Harvey: Well Paul, I guess beauty’s in the eye of the beholder. Because I think it’s going to be both ways. I think there 328
are some people that are going to see this as, “Wow, you just listed 50 things I can’t do” but, “Yeah, we’ve listed also 20 things 329
you can do”. “But I want to do this”, “Sorry, you can’t. It’s not permitted. You’re choices are amend the ordinance or do 330
something else”. We are however giving you that level of detail and that definitive detail so that you don’t necessarily have to 331
rely on an interpretive call that could change either because Craig leaves and you get somebody else in that seat that has a 332
totally different view of how to interpret a certain land use category. That’s what this is an attempt to start memorializing. Now, 333
as I indicated at the onset of this meeting, this is not going to be the all-encompassing list. It’s going to be as close as we can 334
get it. Land use is a fluid, ever-changing monster. And Craig and I have said this is many meetings, we know you’ve heard it, 335
the UDO is a living, breathing document that is designed to change over time, albeit sometimes slowly, to address the current 336
needs of the community, and to address the changing aspects of the community. There are land uses that some Board 337
members may now say, “We want to allow this here but we don’t want to allow this here anymore because it makes more 338
sense”. That’s perfectly reasonable and that’s what some of this is going to, I think, pull out. 339
340
Craig Benedict: This version of the NAICS code is 2012 and there might be a 2018 and we might have to see what the 341
differences are and find if it’s a ruling to say that we now need to list those new uses and decide whether they’re ok or not. 342
343
Tony Blake: So it strikes me there’s two activities here. One is the list of use types, however we pair it up or down and then 344
two, filling in all the little boxes along the appropriate NAICS codes. 345
346
Michael Harvey: Well remember, that’s also a point of contention we need to talk about. We have provided the NAICS code as 347
the example because that’s what we started out with for the Hillsborough district. We’re not married in the fact that the County 348
Attorney’s Office vacillates depending on when you talk to them on whether or not we should get whole heartedly embrace the 349
NAICS code or just list uses and not rely on the sectors. One example is, both Perdita had brought to James’ attention our 350
concerns of, “If there are changes to the NAICS code what does that do to us?” and his initial reaction and it still is to some 351
extent now is that it doesn’t matter. You’re referencing a certain NAICS code, a 2012 NAICS code; so what if there’s an 352
update? If you don’t choose to update your code, you’ve at least made reference to the appropriate code you’re using, or don’t 353
use the NAICS code at all for the stand point of referencing sectors, list the uses and make sure you’re properly defining them 354
if you need to; article 10 in this case. And the NAICS is just a guide in terms of a comprehensive list of uses. So again, there’s 355
a lot of ways this is going to have to be discussed to potentially pan out. 356
357
Tony Blake: What are other jurisdictions doing? 358
359
Michael Harvey: I don’t think it’s fair to say that there is any one jurisdiction that has the same opinion about this as the other. 360
In talking to some of my brethren from other Counties some are hiding under rocks and quite bluntly some are saying our 361
Attorneys say this isn’t as big of a deal as it seems to be, and we’re just going to wait until we’re sued. And I don’t mean that 362
meanly, but they’re attitude is, “We believe we have defined our land use tables sufficiently that we don’t need to worry about 363
Byrd v. Franklin”. We need to worry about Byrd v. Franklin for a couple different reasons. One because we have terms like 364
“light industrial” that provide a grotesque synopsis that relies on a determination to be made by a staff person. We have an 365
overall definition of office and personal service class 1, 2, 3 where your difference in class 1, class 2, class 3 is either a traffic 366
impact assessment or something else. We have health services, that all-encompassing title that says 10,000 square feet and 367
under. What’s a health service? Does that include this, does that include that? And then that goes back to some of the 368
discussion I think you were having, not to kind of mince the issues here but it will hit the point home I hope; what’s the 369
difference in the Hillsborough Economic Development district with a 1.9 acre parcel doing something but a 2.1 acre parcel 370
having to go through an SUP if it’s the same use? Because just with the size of property. And it’s the same problem here. Just 371
because of the size of the structure or anticipated traffic impacts with a nebulous term of what it means that relies on a staff 372
determination you’re either going to be allowed to doing something or not do something. I think where James’ concerned gets 373
legitimized is the notion that our current process as others surrounding us relies too much on a staff interpretation of the 374
terminology, if we’re having a good day. And they want to avoid conflicts with whomever. Michael gives one answer, Craig 375
gives a second answer, and Patrick gives a fourth answer, because Rachael gave a third answer already. So that’s what the 376
Attorneys Office is hoping to avoid with a more detailed, encompassing list. 377
378
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Tony Blake: So then does it make sense to approach this by, I don’t want call it low fruit but the areas of concern first? 379
380
Michael Harvey: I think… Why don’t we go through the tables and start looking at what we’ve done and start trying to answer 381
some of those questions and I think some of them will become self answerable. We’re obviously going to get through as much 382
of this as we can tonight because I think some of your direction is going to give me answers to questions on how I’m doing 383
some other things. 384
385
Michael Harvey continued reviewing abstract. 386
387
Lisa Stuckey: Is there going to be a difference to our land owner whether they’re going to be permitted to do tobacco farming 388
or cotton farming in a particular area? 389
390
Michael Harvey: Well again, you’ve kind of hit the nail on the head. 391
392
Lisa Stuckey: Well I think in reality if there’s going to be a difference then it should be broken down as small as it is here so 393
people know what they can do. If there’s no difference then get rid of some of the sub category. Is that what you’re asking? 394
395
Michael Harvey: No. Well, we’re going to be asking that on several categories. In this one specific example as articulated on 396
page 34 on footnote 3 we’re providing this list but we believe we’re going to be preempted by the State law saying you don’t 397
define farming, that this is going to be coming out. I’ve put this in here to ask your opinions, if you’re comfortable if we take this 398
tact with the Attorneys Office on Thursday that listing these uses out is moot. 399
400
Lydia Wegman: So you would leave the current uses? 401
402
Michael Harvey: Yeah, I’m going to leave the current uses alone. Current uses we’re not changing except it’s going to be on a 403
bigger table. 404
405
Paul Guthrie: And Byrd had nothing to do with agriculture. 406
407
Tony Blake: But if you’re in an AR zone and you want to keep bees or chickens, there is nothing that’s going to stop you from 408
doing it, right? 409
410
Michael Harvey: Correct. We do not regulate you keeping bees or you keeping chickens. In fact, remember when we were 411
doing the UDO there were several questions about kennels and the definition of kennels because we do regulate how many 412
dogs you can keep. Language of the definitions of kennels Class 1, Class2 stipulates that includes all animals with the 413
exception of domesticated livestock. So Tony has 21 chickens on his property, doesn’t mean he has to get a Class 2 kennel 414
because he’s got 21 animals because that’s one of the thresholds. A chicken is a domesticated farm animal so it’s exempt 415
from having to do that provision. 416
417
Michael Harvey: And what I’ll point out to you is that the NAICS code takes several of these activities and puts them into totally 418
separate land use categories and use types. What we’re trying to do here is just kind of provide you our thought on what some 419
of the existing categories would become morphing into. So for example, school; it’s not just dance and art, it’s karate, martial 420
arts, gym, sports training. 421
422
Tony Blake: So your example earlier of this thing where you go in and fight your way through levels and do all of this, that 423
could be entertainment or it could be training. 424
425
Michael Harvey: Yeah. I would classify it based on what I’ve read about it as an arcade, because it’s not training from the 426
standpoint of physical exertion. It’s like indoor paintball for lack of better way to put it. It is a fun activity. But that’s exactly the 427
point we’re making. So schools: elementary, secondary, public, or private. You don’t differentiate between public and private. 428
It’s a school. And we’ve had that discussion a couple different times as we looked at Carolina Friends School, Emerson 429
Waldorf, and of course and County school. My favorite one, commercial uses, which begins at the bottom of page 39. Look at 430
the footnote. We’ve made some small modifications. This is where the NAICS code provides expanded lists of a ton of 431
different activities. And Tony has hit on a couple, banks and financial institutions. This land use category will be expanded into 432
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a new category titled “Finance of Insurance consistent with NAICS code” in a future draft. That’s where you get into insurance 433
brokers, you get the laundry list of activity that all makes up a financial institution besides just bank. Its stockbrokers, it’s 434
insurance. 435
436
Lydia Wegman: So you’re expecting to have that whole list in here? 437
438
Michael Harvey: Yeah. It’s going to be broken out in its own separate category. 439
440
Paul Guthrie: You can get some, probably not in Orange County, but you can get banking as some guy sitting in a room with 441
three computers. 442
443
Michael Harvey: So beauty and barbershop. Again, we’ve kind of broken down what we’ve found in the NAICS code to sort of 444
broaden that out. It’s not just a beauty and barber shop, it can also be manicure/pedicure care, massage non-therapeutic, day 445
spa, bath house, steam rooms, etcetera. This is again, the granular level of detail we’re going to have to be going for. 446
447
Paul Guthrie: I was just looking at the mining. To my knowledge there’s been no indication of coal, for instance, in Orange 448
County. Wouldn’t you eliminate that from your list? 449
450
Michael Harvey: No, because then somebody could claim it’s permitted because we didn’t list it and then not say it’s allowed. 451
452
Paul Guthrie: So you think they’d go dig in a hole for something else? 453
454
Michael Harvey: Yes. Well here’s what I don’t want Paul, this actually goes more to your point. What I don’t want is for 455
somebody to claim that you didn’t list it, therefore it’s permitted, and it’s unregulated, and we can do whatever we want, and 456
we’re going to give it a try, and then you hit something else. 457
458
Lisa Stuckey: So I have a question going back to this beauty and barbershops. Is that a heading or an individual category? I 459
see that manicure and pedicure is indented, what’s the significance of that indentation? 460
461
Michael Harvey: We were providing you a synopsis of how beauty and barbershop would have to become its own independent 462
category and then be broken down further. 463
464
Lisa Stuckey: Ok, because you guys have left out hair cutting. 465
466
Michael Harvey: Yeah, we didn’t capture everything… It gets even worse when you get to page 41 and you get to office and 467
personal services, where the NAICS code actually provides you some personal services that include grooming services. So, 468
these are issues that we’re going to have to be resolving and working with you all. 469
470
Lisa Stuckey: Right. So is it an individual category or a sub category is very important? 471
472
Tony Blake: But that’s again back to what I was trying to get to earlier… Are some of these categories meant to be accessory 473
uses? I mean why would they list them in two different places? 474
475
Michael Harvey: The best answer I’m going to give you is you don’t need to look at this from the standpoint… I think if you 476
continue to look at this in the standpoint of whether it’s a principal or accessory you’re going to get lost in the weeds. You 477
need to look at this as these are principal uses. And the weeds are going to get thick anyway. My job here tonight is I’m 478
providing you some specific examples, you’re giving me some direction, which I appreciate, and I think you’re getting the idea 479
of the complexity that this is going to be. You’re going to have these types of conundrums. And it gets worse as I point out on 480
page 41 with retail where you have 60 independent land uses that constitute retail. With restaurants you get to the same 481
problem. You’ve got 30 different uses for restaurants so a lot of these are going to become their own, new land use category 482
with a list of uses. And we’re going to be recommending where they go. Right now we just have a general colloquial term 483
building contractors. The NAICS code breaks it down even further. Residential building contractors, heavy and civil 484
engineering construction offices, this is the level of detail that we’re going to be looking to provide. 485
486
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Paul Guthrie: Are the attorneys then going to make you translate that into relevant State law? Citations for instance, licensing 487
for certain types of construction and building? 488
489
Michael Harvey: I think the fairest way I’m going to answer that Paul is to say that we’re going to list a specific land use that is 490
going to be allowed or not allowed. Whatever license you have to get to legally have that land use will drive whether or not 491
you’re really going to do it. So it’s kind of a dual end sword. 492
493
Tony Blake: So I kind of see the problem with the NAICS code here because I look at this construction and I see new single 494
family housing construction except for for sale builders and then 236117 new housing for sale builders. There’s not a 495
difference as far as I can tell but if you would omit one of them then somebody’s going to claim to be that and be unrestricted. 496
I see that so the minute you say you’re using the NAICS code you immediately become subject to every little… so I’m just 497
echoing that concern. 498
499
Michael Harvey: Yeah, because what I’ve heard from all of you so far is it’s a neat list but I’m not hearing a lot of oohing and 500
ahhing about getting into bed with the NAICS code. And I’m certainly not going to dissuade you of that. 501
502
Lisa Stuckey: I don’t even know what the NAICS code is. 503
504
Michael Harvey: Well the NAICS code is was originally looked at as a way of trying to categorize and catalogue what activities, 505
what land uses, what business you had to make counting for the census perspective easier. We’ve got this many of this, this 506
many of this, this many of this. And there were some attempts early on to say this should just be the definitive land use code 507
for this land use category. The problem with NAICS is, as Perdita pointed out to you a lot, it only covers a certain spectrum of 508
allowable land uses. It doesn’t touch residential, for example. Like single family or some of the other activities. So what I’m 509
hearing you all say and looking at the glazed look in your eyes, because trust me I get it too going through NAICS code, is that 510
NAICS is a good guide but you’d prefer to have something in a vernacular that you have a little more connection with without 511
referencing section numbers and without getting into this level of detail of, “Do we really care for for sale builders, not for sale 512
builders?”. And if you’re asking me, “Do I want to get to that level of minutia to say that Paul, who is a Spec builder, and Tony, 513
who is a custom house builder, can’t have an office in the same zoning district?” it’s a house. And if everybody’s ok with that 514
that’s why we have the footnote there to say… 515
516
Tony Blake: And the overwhelming majority of them are probably doing both anyway. 517
518
Michael Harvey: Correct. 519
520
Paul Guthrie: Let me just point out one little subversive tool for you when you’re talking with the attorney… You get into some 521
of this kind of stuff, is the Byrd agreement taking without due process under the law? And it’s a good question to ask him 522
because some of the things we’re saying here would, in fact, be a taking. 523
524
Lydia Wegman: I don’t think it’s a due process thing. 525
526
Michael Harvey: Well I think where Paul’s headed with this, quite bluntly, is the argument that local government is not 527
providing you sufficient detail in what you can do with your property and as a result that’s an adverse impact that results in the 528
taking of rights, without compensation. And I think that the honest answer is, I don’t think that Byrd got to that level Paul. But 529
what I think Byrd came from is, you as a government entity have a legal obligation to define for you what’s permitted and if you 530
choose not to say or take a definitive stance on oil and gas pipeline and related structure construction then the person should 531
assume they could do it. 532
533
Paul Guthrie: Ok, I can understand that but I’m going back actually a little further, and that is as you redefine our processes to 534
try to comply with the attorneys view of the Byrd decision you may in fact be retroactively making a taking of someone’s 535
property. 536
537
Michael Harvey: I don’t share that concern but I understand why you’re asking the question. 538
539
Paul Guthrie: Oh I understand that, I’m just saying… 540
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541
Craig Benedict: We’re putting them into a slot that might not have been as specific as it was before. So we’re trying to match 542
what they can do there now, but there’s going to be some things where we’ve never really answered that question before. 543
544
Lisa Stuckey: So then Paul’s question is relevant. 545
546
Craig Benedict: Michael, I have a question that you can pose for the attorneys. On page 43, if you had specially trained 547
contractors and this NAICS code heading 2, 3, 8 if we thought all those sub uses below were ok that we didn’t mind if they 548
were in any district or whatever, could we just use the main heading? 549
550
Michael Harvey: Yeah. But if I don’t show you and everybody else, because that’s what got us in trouble at the Cou nty 551
Commissioner level with the Hillsborough district, when certain assumptions were made that everything in this particular land 552
use category could be allowed or should be allowed… Well that’s not fair, Perdita had a couple land use categories where no 553
boxes were checked and the concern was, “Well in this land use category this land use is allowed. We don’t know what land 554
uses are allowed” and of course Perdita’s honest and straight forward answer was, “It doesn’t matter, we’re not allowing them 555
in the district” and that’s when we got into some of the problems and trouble we did. But Craig is right. If you have a land use 556
category, or a sector category for example, that lists uses that nobody cares, they’re all fine then you can just have the 557
reference, as long as you’re properly defining all that reference entails somewhere. 558
559
Lydia Wegman: So you would say specialty trade contractors NAICS 238 and all… 560
561
Michael Harvey: If we stick with NAICS code references, yeah. Or the better example, if you have beauty and barbershop as 562
the overall category and then break it down to what beauty and barbershop could entail as long as it’s the encompassing list. 563
Page 45 begins extracted uses, mining, quarry, and oil and gas extraction. This became a huge issue at the County 564
Commissioner level dealing with the Hillsborough Economic Development district because the concerns that you could have 565
manufacturing activity that may not be deemed reasonable for the area in question. So we listed everything out, obviously 566
capturing everything we currently allow on page 47. What I have listed is what I believe we currently already allow through that 567
proves but yeah, we specifically didn’t include geranium mining. 568
569
Tony Blake: Well how about sand, gravel, and ceramic. I mean if you look at the merits over at Chapel Hill Gravel, it’s by 570
definition… 571
572
Michael Harvey: Well I would actually say it was stone mining and quarrying, but I understand your point… Again, what I’m 573
hearing a lot of you say and the nods of consensus are that we need the level of detail but if we can eliminate the sector 574
references and just group them it would be a lot easier to understand. 575
576
Lydia Wegman: What do you mean by eliminate the sector references? 577
578
Michael Harvey: Well for example, I have put in here all the sector references as they live in the NAICS code. What I’m 579
hearing you all say is if you can give the land use category and then provide the uses it would be a lot easier for you to track 580
and follow without worrying about what sector X does, sector Y does. And that’s a pretty constant theme I’m hearing from you 581
all right now. 582
583
Lydia Wegman: I need an example to understand what you’re talking about. 584
585
Michael Harvey: Instead of saying metal or mining section, just have metal or mining see list below and then list them all out, 586
instead of relying on sectors. 587
588
Lydia Wegman: I see. 589
590
Lisa Stuckey: If they’re not all allowed? 591
592
Michael Harvey: Right. If we want to allow stone mining and quarrying just allow stone mining and quarrying without having to 593
break it down into its added finite. The next comment I’ll make goes to an earlier comment Paul made, go to page 49. The 594
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bottom of 48 and all of 49, this is government uses and public administration. That’s a category under the NAICS code. We’re 595
getting into executive, legislative, and other general governmental support, executive offices, legislative bodies, and public 596
finance. 597 598
Lisa Stuckey: Michael, if you and the other Michael Harvey’s in the state are all doing this is this not a ridiculous and huge 599
reproduction of effort? 600
601
Michael Harvey: Well that’s the problem because the other Michael Harvey’s in the state aren’t necessarily doing it this way 602
because the other Michael Harvey’s of the state don’t answer to the County Attorneys for Orange County. Orange County’s 603
legal advice is to say you need to fix our table permitted uses to make sure we don’t find ourselves in a predicament where 604
we’re going to get sued and lose because of Byrd v. Franklin. 605
606
Lydia Wegman: But it was a State Supreme Court decision, so it applies statewide but each County is responding in its own 607
fashion. 608
609
Craig Benedict: Everybody has a different opinion of what uses they would want in their area and what would be prohibited. 610
When I worked in Florida I used a rendition of the previous NAICS called the standard industrial code classification. I used 611
major categories in there, I didn’t list it but it was just better, it was organized to talk about manufacturing and assembling and 612
distribution and warehousing. It seemed to have some organization and we listed as many prohibited uses as we could think 613
of, but things changed over time. 614
615
Tony Blake: I think the minute you include the NAICS numbers you’re opening yourself to anything you leave out. 616
617
Michael Harvey: Yeah, and I think some of the direction I’ve received is to take the NAICS numbers out. They’re here to give 618
you a reference point right now. 619
620
Craig Benedict: We may use our own numbering. 621
622
Tony Blake: Well your own numbering would be useful if it was in a separate column and it could be from a data perspective. If 623
it’s an individual index it could make data indexing faster, it could make organization faster when it’s electronic. 624
625
Lydia Wegman: Just going back to the governmental uses, there doesn’t seem to be much benefit to the NAICS code in that 626
instance. 627
628
Paul Guthrie: What is your deadline to get this done? 629
630
Michael Harvey: Well you all are going to be reviewing it in June or July for recommendation with a public hearing in 631
September. 632
633
Lydia Wegman: But you did say we might have other ORC discussions? 634
635
Michael Harvey: Well there are going to be a lot of ORC discussions. You’re cited to do a minimum of at least one more. I’m 636
probably thinking there will be one more after that so you guys are going to see this in a couple different f ormats. I’ve kept 637
manufacturing, assembly, and processing consistent with the work you’ve already done that begins on page 51. There was no 638
reason to change that. I thought the work you all did with Perdita and the work she did needed to be preserved. So that is 639
incorporated verbatim from what you’ve already seen, and done, and played with. Let me ask you a question as we get to 640
page 57. Medical uses. We currently break down medical uses really to health services over 10,000, health services under 641
10,000. I don’t see a reason to have an arbitrary square footage limit because I can actually think of several health services at 642
9,000, 8,000, 7,000 square feet that would probably be something you don’t want in several districts, and some let’s say at 643
2,000, 3,000 you may want to allow in more prevalent locations. So if you’re comfortable I’m going to abandon the square 644
footage issue and just list out what I consider health services using some of the makes, physicians’ officers and the likes. Are 645
you all ok with that for the next draft? 646
647
Unanimous approval. 648
19
13
649
Tony Blake: What about page 62? I keep hearing people float the idea of some sort of a, for lack of a better comparison, wolf 650
trap type thing around here. Smaller but it’s an outdoor performing arts summer theatre type of thing. Is that intended to be 651
covered under this? 652
653
Michael Harvey: I’m sure it will be. 654
655
Lisa Stuckey: So the fact that we allow no performing arts… 656
657
Michael Harvey: Well this is just the list, one of the reasons is I haven’t figured out what I want to do with some of this yet. But 658
to answer Tony’s question about recreation uses from that standpoint, I think part of my answer to you Tony is going to be if 659
you’re proposing and we currently haven’t defined a recreational facility that is a wolf trap-esque it would be a Class B SUP. 660
661
Michael Harvey: So utilities… One of the concerns that I am working with on utilities is trying to figure out what State law does 662
and does not let me do. Current code says that for you to have a utility distribution line over a certain wattage or pressure in 663
terms of gas, you have to get a SUP. There is some thought that State utilities commission actually trumps what we can or 664
can’t do because they’re saying PSNC, UPiedmont have an obligation to provide a service, you have to get it in. Well the SUP 665
was denied. Well who is Orange County, or Chapel Hill, or Durham to tell you that you can’t install a mandated state utility? 666
667
Tony Blake: They won’t let you… There are grid requirements that would trump you. 668
669
Paul Guthrie: That case is going to get fully aired as they build a new pipeline through Eastern North Carolina. 670
671
Michael Harvey: The regional pipeline issue going through Virginia, North Carolina I think actually bears some scrutiny 672
whereas the PSNC Pipeline that went through Orange County that provides service to County residents and handles outside 673
County, it’s part of their distribution line. I think it’s a better argument for that one to say why are you requiring this to have a 674
SUP when you have to approve it? Because what PSNC argued during their SUP hearing was, “We’re a public necessity” and 675
there was some truth. Now they still went through the process, they didn’t sue me; they went through the process… 676
677
Paul Guthrie: And then sold themselves out to Duke Power. 678
679
Michael Harvey: Yes, and then we had a really ugly public hearing. It was not pretty, but the SUP was approved. So you’re 680
going to be hearing more about utilities as we move forward from that standpoint. I wanted to at least call your attention to why 681
there may be a change. Wholesale trade, again, we’ve just provided you the breakdown to show you the level of detail. And I 682
think I have sufficient direction to get you to phase 2. 683
684
Michael Harvey: You’ll see this in March. Now what I’ll do for you to get you something in either a table or an Excel format that 685
will make it a little easier for you to search electronically, which we can do. It’ll take me some time to figure out. 686
687
688
Lydia Wegman closed the meeting. 689
690
691
692
___________________________________ 693
Lydia Wegman, Chair 694
20
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 1, 2017
Action Agenda
Item No. 7
SUBJECT: RE-REVIEW - 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. Excerpt of Approved December 7,
2016 Planning Board Meeting Minutes
4. Statement of Consistency
5. Proposed UDO and Comprehensive
Plan Amendments – NOTE: text
changes made since the December 7,
2016 Planning Board meeting
addressing legal sufficiency are
highlighted in yellow.
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To re-review and make a recommendation on Planning Director initiated
Comprehensive Plan and Unified Development Ordinance (UDO) text amendments revising the
Mobile Home Park Conditional Zoning (MHP-CZ) District.
This item was originally reviewed and acted upon by the Planning Board at its December 7,
2016 regular meeting. An excerpt of the approved minutes from this meeting are contained in
Attachment 3.
Since this meeting, modifications have been made to address the County’s Attorney office
concerns over the legal sufficiency of the proposal. As a result of these changes the Board
must review, and make a recommendation on, the revised proposal prior to the February 13,
2017 Quarterly Public Hearing.
BACKGROUND: This amendment modifies the existing MHP-CZ District as follows:
i. Renames the district to Home Park Conditional Zoning (HP-CZ);
21
ii. Allows for temporary residential units, including recreational vehicles (RV) and tiny
homes constructed to the RV standard, for up to a 180-day occupancy;
iii. References the various state and federal construction standards for temporary and
permanent units; and
iv. Clarifies utility connection requirements for permanent and temporary residential
units, and
v. Amends the Comprehensive Plan, specifically Appendix F, to change references
of the Mobile Home Park Conditional Zoning (MHP-CZ) district to Home Park
Conditional Zoning (HP-CZ) district consistent with the proposed UDO text
amendment.
For more background on this amendment please refer to Attachment 1.
A summary of the recommended changes designed to address legal sufficiency concerns are:
a. Section 2.9.2 Conditional Zoning District – rewording to maintain language consistency
within this section of the UDO.
b. Section 5.2.1 Table of Permitted Uses General Uses – eliminating references to the
‘temporary residential use’ category within the table.
The Attorney is concerned the proposed language is too ambiguous and outside the
scope of the approved UDO amendment outline form.
c. Section 5.2.2 Table of Permitted Uses Economic Development – eliminating the above
mentioned reference from the EDD table of permitted uses.
d. Section 5.4.4 Temporary Use of a Residential Mobile Home – staff is eliminating
references to ‘temporary residential uses’.
e. Section 5.5.4 Mobile Home Parks – Clarifying and standardizing the use of the terms
‘space’ ; ‘ stand’ ; ‘stall’ ; and ‘utility stand’ within this Section.
The Attorney prefers one term, specifically ‘space’, when referencing the physical area
where a mobile home or temporary housing unit may be placed.
f. Article 10 Definitions – Revisions to the definition of Home Park and Mobile Home Park to
reflect recommended changes in nomenclature.
Proposed text amendment language for both the UDO and Comprehensive Plan changes can
be found in Attachment 5 within a “track changes” format. As previously indicated staff has
highlighted changes from the original, approved, amendment package in yellow.
Planning Director’s Recommendation: The Planning Director again recommends approval of
the Statement of Consistency, indicating the amendments are reasonable and in the public
interest, contained in Attachment 4 and the proposed amendment package as contained in
Attachment 5.
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:
22
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 4)
and the proposed amendments (Attachment 5) in time for the February 13, 2017
Quarterly Public Hearing.
23
1
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 24
2
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 (MHP-CZD) 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-CZD).
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 Park Model, in both
mobile home parks and as standalone uses of property. In some instances, staff has
fielded 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.
Note, 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
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
25
3
Section 2.9.2 of the UDO.
As part of this amendment process, Appendix F of the Comprehensive Plan will be
also 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
b. Quarterly Public Hearing
February 13, 2017
c. BOCC Updates/Checkpoints
26
4
November 2, 2016 – Planning Board Ordinance Review Committee (ORC)
meeting (BOCC receives agenda materials)
December 7, 2016 – Planning Board Recommendation (BOCC receives agenda
materials)
February 1, 2017 – Planning Board Recommendation on revised amendment
package (BOCC receives agenda materials)
d. Other
Development Advisory Committee (DAC) – the DAC first reviewed this item at its
October 20, 2016 meeting and continued review through the month of November
2016.
The DAC will be briefed on the revised amendment package at its February 2,
2017 meeting.
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 and Planning Board Meetings 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: NC 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 up to 180 days. Any
longer and the ‘temporary’ unit becomes ‘permanent’ and can be only
served only by a permanent utility connection. It must also meet other
applicable NC Building Code requirements for the residential dwelling unit.
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 County 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
27
5
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
installed accordingly, and served with the appropriate utility connections.
• A Planning Board member asked how this would impact existing parks.
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 full 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. There is no legal definition or accepted
standards for what are commonly called “tiny homes.” A structure is either:
a permanent residence (aka stick built or modular home) built to State
Building Code; A Manufactured Home (aka a Mobile Home) built to HUD
standard; or a Temporary Residential Unit (aka an RV). There is therefore
no need or legal basis to define a tiny home.
• 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 as the units are permitted/re-approved.
• A Planning Board member asked how the addressing would or would not
change in Mobile Home Parks.
STAFF COMMENT: The proposed standards would require a numbered
assignment for each temporary or permanent space. This space
assignment would be clearly marked on a site plan and physically marked
on site. While this may or may not constitute mailing or legal address
would be determined at the time of site plan submittal.
• A Planning Board member asked if existing mobile home parks and/or new
home parks can be served with public water and/or sewer.
STAFF COMMENT: Most Mobile Home Parks and RV parks are served
with private water and sewer services. However, public water and sewer
service is possible for permanent spaces.
December 7, 2016 – Recommendation. The Board voted 7 to 1 to recommend
approval of the proposed amendments.
b. Advisory Boards:
Affordable Housing Advisory Board
(AHAB) as necessary. Copies of the
amendment were sent to Orange
28
6
County Housing staff on November
23, 2016. As of this date no
comments have been received.
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.
As of this date we have not received
any comments.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from 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 5.
General Public: Outreach meetings with Mobile Home Park owners were
conducted on November 29th and 30th of 2016.
Small Area Plan Workgroup:
Other:
29
7
Primary Staff Contact:
Patrick Mallett
Planning
(919) 245-2577
pmallett@orangecountync.gov
30
Approved 12/7/16
1
1 2 SUMMARY NOTES 3 ORANGE COUNTY PLANNING BOARD 4 NOVEMBER 2, 2016 5 ORDINANCE REVIEW COMMITTEE 6
7
NOTE: A quorum is not required for Ordinance Review Committee meetings. 8
9
MEMBERS PRESENT: Lydia Wegman (Chair), At-Large, Chapel Hill Township; Tony Blake (Vice-chair), Bingham Township 10
Representative; Paul Guthrie, At-Large Chapel Hill Township; Kim Piracci, At-Large; Maxecine Mitchell, At-Large Bingham 11
Township; Lisa Stuckey, Chapel Hill Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia 12
Roberts, Cheeks Township Representative; 13
14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning 16
Systems Coordinator; Patrick Mallett, Planner II, Rachel McCook, Planner I; Meredith Kern, Administrative Assistant II. 17
18
19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20
21
Lydia Wegman called meeting to order. 22
23 24 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – TEMPORARY RESIDENTIAL UNITS 25 CONDITIONAL DISTRICT 26
To review and comment upon proposed amendments to the UDO that would establish a new 27
conditional zoning district for temporary housing units. 28 Presenter: Patrick Mallett, Planner II 29 30
Patrick Mallett reviewed the abstract. 31
32
Lisa Stuckey: I don’t understand why we have to go through these charades. 33
34
Patrick Mallett: That’s the way the state building code, the health codes, all of the codes are defined. 35
36
Lisa Stuckey: So these are not built to habitable standards? 37
38
Patrick Mallett: Yes, once you go beyond that magic day it becomes a permanent structure or residence. 39
40
Lisa Stuckey: So what about the tiny homes? On TV I’ve seen tiny homes subdivisions. These are very permanent. 41
42
Patrick Mallett: They’re not. You could do a subdivision, theoretically, with 10 lots and do 10 tiny homes that meet the 43
minimum lot standards. I think part of the rub is unless you do something like a cluster subdivision, you end up with a 300 44
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 45
the realm of reality. It definitely does in the Rural Buffer where you’ve got 2-acre to 5-acre lots. 46
47
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 48
together. 49
50
Patrick Mallett: Right now, you would either build the tiny home on a foundation that could be a stick built, and most of them 51
are not long enough. You can also build to a modular home standard; a mobile home standard; or now an RV Park Model 52
Standard of construction. 53
54
Attachment 2
31
Approved 12/7/16
2
Lydia Wegman: I don’t know. The ones I’ve seen that are not that big. 55
56
Patrick Mallett: The framing ultimately becomes an issue. You’ll see a lot of the literature will say, “These are energy efficient, 57
they’re sustainable”. Well yeah, that’s true but they have solar on them because they can’t meet the electrical code. In other 58
words, the spacing requirements for the electrical wiring and the framing doesn’t work out. Literally, these things are so short 59
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 60
those code requirements. So that’s the rub. It’s not a hatred for a smaller home. 61
62
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 63
temporary? 64
65
Patrick Mallett: Or they would be underpinned and built to the mobile home standard. I think a lot of people are realizing that 66
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 67
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 68
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 69
Cousin Eddy living there. So if somebody enterprises and said, “Hey, there’s a market. I want to do an RV park,” they would 70
have to get a SUP for a camp retreat center. It’s the only way that they could do it. 71
72
Tony Blake: There are some with that business model. They existed before. 73
74
Patrick Mallett: That’s right. They’re grandfathered in. So how do you know that but also realize that there are changes in the 75
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 76
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 77
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 78
Allen said, “you know the Department of Environmental Health just released guidelines on a white paper and it has a nice 79
description code, all of those nuances about the RV park model, what is a recreational vehicle and everything else”, so I 80
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 81
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 82
team tomorrow. And Ashley Moncado of our office has been working with the group that’s been working on affordable, 83
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 84
this. 85
86
Lydia Wegman: It’s not the same thing? 87
88
Patrick Mallett: Their focus is tiny home. 89
90
Lydia Wegman: And will they be defining tiny home? 91
92
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 93
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 94
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 95
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 96
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 97
transportation standard. It’s never intended to be a permanent residence. Mobile home is built to a different standard that’s 98
been vetted, and approved, and tested. Like I said, the basic section is that we need to change and the 2 districts. The mobile 99
home park district conditional use and the TRU, Temporary Residential Unit. 100
101
Tony Blake: Where are the close districts? Are they just not… 102
103
Patrick Mallett: We have no plans to re-zone something the TRU CZ. That would be upon someone… They would file a case, 104
they would have to show us a site plan, specify where thee stalls and the spaces are it would be virtually the same. 105
106
Tony Blake: Is there any minimum acreage size or anything like that? 107
108
32
Approved 12/7/16
3
Patrick Mallett: Same acreage. For the purposes of impact on the surrounding area, all the setbacks, all the minimum acreage 109
requirements are the same as a mobile home lot. 110
111
Tony Blake: How would the septic be figured? 112
113
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 114
to have a well, making permanent connections. 115
116
Tony Blake: But if you’re doing a mobile home park it’s different? And that would follow that same standard. 117
118
Patrick Mallett: Yeah. Because there’s not a lot so it’s a space… Conventional standards are from the driveway. And they’re 119
really designed so that people can come in and come out and emergency services can service and solid waste can service 120
them. One of the interesting things that is… A tiny home is the only way that you can get a single bedroom septic system. 121
122
Lisa Stuckey: Could those houses made out of container boxes? 123
124
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. 125
126
Lydia Wegman: Does it have to meet a building code of some kind? 127
128
Tony Blake: Well it has to meet a mobile home standard. 129
130
Patrick Mallett: The HUD standards for Mobile Homes, yeah. 131
132
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. 133
And so it’s hard to justify. 134
135
Lisa Stuckey: But they’re taking those containers and making them into houses. But it’s the same, are they mobile or not 136
mobile? 137
138
Patrick Mallett: Yeah, exactly. And what standard are the built to, and what type of utilities are the hooked up to (permanent or 139
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 140
step in the right direction and at least we can give the people some answers and some guidance versus you can live in a 141
camp retreat center if you get it approved. So our goal is to get this one to the February Public Hearing. 142
143
Tony Blake: One more question. How does this fit with accessory use, or does it? 144
145
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 146
park, you had common open space, it’s owned by the landlord, and you have a caretaker. Theoretically you could get a shed 147
and for an extra $5 a month you get a shelf in the storage accessory structure. But the same rules would apply as accessory 148
shed structures. 149
150
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 151
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 152
been any effort or any movement towards trying to get some more common definitions of these various alternatives? 153
154
Patrick Mallett: That’s the affordable housing part of this that Ashley is involved in. We’re getting into the mobile home park 155
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 156
a long time trying to define. 157
158
Paul Guthrie: There’s a broad range in those general exposures. 159
160
33
Approved 12/7/16
4
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 161
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 162
it and a chasse and is built to either no standard or an RV standard. 163
164
Lydia Wegman: So should we expect some changes following your meeting with the attorneys and? 165
166
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 167
it. 168
169
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 170
possible. 171
172
Patrick Mallett: Ok. That’s a good point. And I think that there probably will be some experimentation. For example, the 173
gentleman on Orange Grove Road is like, “I’m not going to completely convert this stuff on a speculative rolling the dice and 174
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 175
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. 176
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 177
that’s a pain. But it may be worth it, willing to try, that’s part of his input. 178
179
Lydia Wegman: Are there advantages of being a RV park? 180
181
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 182
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 183
going to depreciate. But this is about the zoning and the panning part of it. That’s it. 184
185
186
Lydia Wegman closed the meeting. 187
34
Approved 1/4/2017
1
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 DECEMBER 7, 2016 3
REGULAR MEETING 4 5 6 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Tony Blake (Vice-Chair), 7
Bingham Township Representative; Maxecine Mitchell, At-Large Bingham Township; Patricia Roberts, Cheeks 8
Township Representative; Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 9
Representative; Kim Piracci, At-Large; Laura Nicholson, Eno Township Representative; 10 11 12 MEMBERS ABSENT: Lisa Stuckey, Chapel Hill Township Representative; Andrea Rohrbacher, At-Large Chapel Hill 13
Township; 14
15 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Perdita Holtz; Planning Systems Coordinator; Patrick 16
Mallett, Planner II, Michael Rettie, Chief Building Official; Alan Clapp, Environmental Health Director; Meredith Kern, 17
Administrative Assistant II 18
19 Agenda Item 7: Unified Development Ordinance (UDO) Text Amendment - To make a recommendation 20
to the BOCC on government initiated amendments to the UDO to modify the Mobile Home 21
Park Conditional Zoning District (MHP-CZ) to a Home Park Conditional Zoning District (HP-22
CZ). The reclassified district would allow for both [permanent mobile homes and recreational 23
vehicles (RVs) on a temporary basis. This item is scheduled for the February 13, 2017 24
quarterly public hearing. 25
26 Presenter: Patrick Mallett, Planner II 27
28
Patrick Mallett reviewed the abstract 29
30
Tony Blake: Some of those mobile home parks are within the water and sewer boundary area, does that mean they 31
could have water and sewer if they wanted to? Or do they have water and sewer? 32
33
Patrick Mallett: Theoretically. I would guess that the mast majority of these are operating on well and septic. 34
35
Alan Clapp: We’ve got about 70 that are only the well or septic. 36
37
Lydia Wegman: How big are some of the larger parks? 38
39
Michael Harvey: You have some parks in the County that have a couple hundred units. And remember that an 40
individual unit is on a space approximately 5,000 square feet, at least according to current code. 41
42
Patrick Mallett continued presentation. 43
44
Tony Blake: What do you mean by “could help solidify addressing”? 45
46
Patrick Mallett: So part of that exhaustive research is that… A mobile home park is much like a condo. You don’t 47
have individual lots. You have one track that is theoretically owned by one owner or one corporation or entity and 48
they have spaces like an apartment or a condo with stalls and hookups and then you pay a rent to the owner. My 49
understanding is in some cases you could buy a deeded reference to the space. So what’s happening is the 50
addressing, not all of these are addressed in our database or are they clearly labeled to be able to drive into a mobile 51
home park and be able to locate a specific unit. I don’t know that your average person, either tenant or owner, would 52
necessarily make the connection that that’s the address. 53
Attachment 3 35
Approved 1/4/2017
2
54
Michael Harvey: To expand upon that, that current ordinance says that it’s up to the park owner as part of the 55
development process to establish a system 1a, 1b, 1c. The revised ordinance requires a mobile home park to be 56
addressed consistent with the County addressing ordinance. So each individual stall will be addressed with a number 57
consistent with the County’s ordinance so there can be no dispute over what’s 101, 103, 110. And they all will have to 58
display address numbers consistent with that address ordinance. That’s the big link we’re doing here. 59
60
Patrick Mallett: Some of these with the travel around park don’t necessarily have a clearly posted sign. And then on 61
the EMS end, I think that they’re continuing to make an extraordinary effort to have their database so that they know 62
if somebody’s in need of service that they know how to get there. 63
64
Paul Guthrie: It’s my impression that a lot of the older parks really got their push at the end of World War II, and you 65
can see units that have been there since WWII. How do we watch that to see if it’s still maintained and we try to save 66
it as quality standards, or not? 67
68
Patrick Mallett: Well, maybe what we’ll do is go through the power point and then come back to that part of it. But 69
Mobile homes are a little bit different in the sense that it is build to a HUD standard, it actually has a metal placard 70
that has a serial number kind of like a VIN number and you can change the mount. So theoretically you could have a 71
40-year old unit, singlewide, you yank out the skirting, the underpinning and then replace it with a new one as long as 72
it fits within the space. 73
74
Paul Guthrie: The other question; you mentioned the enforcement of federal protection. Given the turmoil in 75
Washington right now, what do you do if standards get eliminated? 76
77
Michael Harvey: You never say never, but the definitional constitutes a certified manufactured house will never 78
change from this notion of it is a self contained engineered structure that can withstand X capacity. And that’s infinite. 79
That’s never going to change. And that ultimately is what we’re looking for in terms of this is a manufactured home by 80
HUD’s definition. 81
82
Paul Guthrie: And on a curveball, environmental standards in today’s announcement from the EPA and as a couple 83
of us here are ex EPA employees there are standards in EPA relative to water and to wastewater. Who would 84
enforce them if they were withdrawn? 85
86
Michael Harvey: There still have to be permitting for water/wastewater. 87
88
Paul Guthrie: So you would re-permit on existing units? 89
90
Alan Clapp: So this covers the land use zoning comp plan parts of this that our intent is to make it coincide with other 91
regulations at the State and Federal level and not get in the way. Those are going to change over time, as they 92
always have, but this deals with your permits, your zoning and compliance permits, your planning approvals. You still 93
have to go through and meet inspections, building permits, electrical permits, you have to go through Environmental 94
Health to get your water and septic hooks up and so on and so forth. So this is one part in all of the myriad of 95
requirements that you have to meet. So I would say that they’re most closely aligned with the Federal… 96
97
Paul Guthrie: I’ll let you get back to your discussion, I’m just throwing it out because I think there’s going to be a 98
period of time where it’s going to be difficult to mesh some of the Federal standards that have been changed with 99
what we have done as normal business for a long time. And since we’re in the process I just wanted to raise the 100
issue. We should carefully see that we can still continue to do the maximum, especially on sanitary issues, on our 101
own with or without the Federal government. 102
103
Alan Clapp: Currently Environmental Health, for all the mobile home parks that are on well, septic, or one or the other 104
we angle inspection of the park. So that inspection involves walking the entire park, making sure all the systems are 105
functioning, and taking a water sample. Even under the current administration just this year there was a change in 106
36
Approved 1/4/2017
3
that a total coliform hit on a water sample is now not necessarily a stop the presses, put boil water notices up. It used 107
to be that that was the case, even under current administration that’s changed. So there’s no telling what’s going to 108
happen under the next administration. But if it’s a fecal coliform on the water then the boil water notices come up. Of 109
the 90 some parks we inspect about 70 of them the others are all water and sewer. And then to your second 110
question; we do the annual park inspection and then if a model is moved off and another goes on we do a space 111
inspection to make sure that that space will fit in the given slot and not be over the well or septic system, and that the 112
system is functioning. So we do a park and a space inspection. 113
114
Lydia Wegman: Alan, is there one septic system for the whole park? 115
116
Alan Clapp: Usually in most cases there are individual systems or 2 units per septic system. 117
118
Paul Guthrie: Are there any of these parks that have discharge permits? 119
120
Alan Clapp: Yes. Now, we do not do those but of the other 20 half of them are either spray or discharge or ATU. And 121
several of those are on public water supply with 25 or more connections. 122
123
Patrick Mallett continued presentation. 124
125
Michael Rettie: The tiny homes themselves are not built to any standard. 126
127
Patrick Mallett: Well, they could but the vast majority doesn’t meet anything. And that’s the rub. 128
129
Lydia Wegman: What kind of hookups do they have? 130
131
Patrick Mallett: The ones that don’t meet any standards? It’s the Wild West. It’s everything from a port-a-potty to 132
showers in bathhouses. 133
134
Patrick Mallett continued presentation. 135
136
Tony Blake: It sounds as if, with a tiny home, you could have either an RV type hookup or a mobile home type hook 137
up. Is that true? 138
139
Patrick Mallett: Theoretically. 140
141
Tony Blake: And we would permit that? 142
143
Patrick Mallett: If it meets those standards, both in the building code and the health. 144
145
Michael Harvey: The bottom line is this: If you’re putting a structure on a parcel of property it either has to be a HUD 146
certified structure or a stick built house meeting state building code. 147
148
Michael Rettie: Well HUD is a standard. If nothing that’s a Federal standard for building a manufactured home. 149
150
Tony Blake: But it doesn’t say how wide or how long it’s going to be. It just says 2x4’s would be this far apart. 151
152
Michael Harvey: And remember most HUD homes have to meet certain design and wind zone requirements and it 153
has to be a self contained engineered unit. 154
155
Michael Rettie: HUD has gone up with their own building and construction standards. That’s where you get the little 156
1x2 studs and that kind of stuff. But all of that is it’s systems. Even the building officials can’t change those systems 157
unless a design professional basically specifies how to do that. 158
159
37
Approved 1/4/2017
4
Patrick Mallett: So we’ll see people that will tinker with a mobile home and if you rip out a wall and add onto it, what 160
does that become? And that kind of transcends the mobile home park. 161
162
Lydia Wegman: Can we go back to the tiny homes? And so if they meet the RV standard would they be temporary? 163
164
Patrick Mallett: Yes. 165
166
Lydia Wegman: Only a mobile home or single family could be a permanent. 167
168
Patrick Mallett: Exactly. You’re coming to a space that’s designated on a site plan as temporary or permanent. And if 169
you’re in a temporary space you’re suppose to be built to an RV standard and have a hook up. 170
171
Lydia Wegman: What if a tiny home is set on a single-family lot? 172
173
Michael Harvey: It has to meet state building code. 174
175
Maxecine Mitchell: With the tiny home meeting the RV standard can only stay at a RV park for a certain length of 176
time? 177
178
Patrick Mallett: Just the same as a RV. 179
180
Buddy Hartley: How long can it stay there? 181
182
Patrick Mallett: 180 days. 183
184
Buddy Hartley: What happens if it’s there after 180 days? 185
186
Patrick Mallett: It’s a violation… On the enforcement end of this, transcending the text change is how do we deal with 187
that? 188
189
Maxecine Mitchell: Right now they couldn’t be on either one? The tiny home. 190
191
Patrick Mallett: No, because it’s not meeting that standard. 192
193
Buddy Hartley: Could you drive it around the block and bring it back? 194
195
Patrick Mallett: I think that’s a discussion for the enforcers to come up with some policy that’s appropriate. But I think 196
it’s in the realm of possibility to require, as part of its approval… That there’s a statement and there’s an affidavit 197
that’s recorded on a lot that you’re not going to have tenants staying there in your temporary spaces for longer than 198
180 days. Period. 199
200
Patrick Mallet continued presentation. 201
202
Tony Blake: Is anything grandfathered in this? 203
204
Patrick Mallett: If you’re a mobile home park and you’re there and it either pre-dated our zoning requirements it’s the 205
same. You can do nothing, and this is not going to impact what you have today nor are these requirements really 206
going to create additional items, if you have mobile homes there’s no additional suffering in terms of… It’s when you 207
want to convert portions to temporary. That’s when you have to do additional things. But the performance standards 208
and the requirements; we made a conscience effort to make it the same. 209
210
Michael Harvey: Tony, one thing to keep in mind is that with the current regulations, which are applicable, we have to 211
do our own inspections. We work with several park owners to address violations that they still have to comply with. 212
38
Approved 1/4/2017
5
Our goal is to try to work with park owners that have illegally allowed, for example, 3 units in 1 5,000 square foot 213
space. You’re going to have to address that violation. That’s one huge violation. The other violation that we see a lot 214
of is illegal additions on mobile homes that essentially invalidate its HUD certificate, but also a violation of state 215
building code and zoning. So unfortunately we have 90 parks that we are inspecting. I would say we have done 40, 216
and have worked on several issues in those 40. There are multitudes more. We have just scratched the service. But 217
a lot of our efforts are trying to coordinate with land records and emergency service staff, trying to fix any and all 218
addressing problems so there is an appropriate level of compliance where this is an address, this is where they have 219
to go, and emergency services know where to go when there is an emergency. 220
221
Lydia Wegman: Did you hear anything of concern at the July 20th meetings you had? 222
223
Patrick Mallett: No. I did get a phone call and email from an operator yesterday who owns 65 mobile home parks 224
throughout the southeast of which they own several in Orange County. They said this is exactly the trend. We have a 225
good number of our home parks that have been converted to have some sort of hybrid so that we can meet the 226
market demands. 227
228
Lydia Wegman: Was he comfortable with what you were doing? 229
230
Patrick Mallett: Yes. I don’t think I’ve had any negative responses. Either from residents that are interested to tenants 231
to mobile home park owners. 232
233
Patrick Mallett continued presentation. 234
235
Alan Clapp: On the septic end the only thing that’s different is the minimum size for a mobile home inaudible. The 236
park model and the RV type have a lower flow rate in the North Carolina sewage inaudible so it would be less flow to 237
the system. Then we’re going to get the question of, “Can we do 2 where we have 1?” and the answer’s going to be 238
no because they still have to meet the 5,000. 239
240
Michael Harvey: We only allow 1 unit per 5,000 square feet. 241
242
Patrick Mallett: And, peppered throughout the 30 some odd pages of the text change, it’s 1 space, 1 unit. No 243
efficiencies. It doesn’t matter how big it is or how small it is. And we did take the comments from the ORC about the 244
shed’s and then lowering the minimum cap from 10-acres to 5-acres for your minimum track size. 245
246
Lydia Wegman: Michael, is there anything you wanted to add? 247
248
Michael Rettie: The only thing we regulate with RV’s is the electric pedestal. It’s the only jurisdiction we have 249
anything to do with. 250
251
252
Patrick Mallett: So part of that would be the site plan approval and the designation of the space and then some sort of 253
affidavit that says it’s built to the park model standard. 254
255
Lydia Wegman: But no HUD certification? 256
257
Michael Rettie: Not for a RV. 258
259
Alan Clapp: Yes. 260
261
Paul Guthrie: How many? 262
263
Alan Clapp: I don’t know because those are the ones that we don’t go to. 264
265
39
Approved 1/4/2017
6
Paul Guthrie: So what we’re talking about here would be totally controlled by State and Federal Law… That could 266
become a problem. So I just plant that seed. 267
268
Michael Harvey: Understood. But with all due respect if we did nothing it would still be a problem. If we never came 269
up with this amendment we’re still looking at the problem. 270
271
Paul Guthrie: Well I think there’s a solution outside of that. If a surrounding or neighboring piece of property felt that it 272
was being harmed by those discharges then there could be private action. 273
274
Michael Harvey: They can be now, in fact, there has been. In the 12 years I’ve been here there’s been 1 park that 275
seems to get… 276
277
Paul Guthrie: Because I have a feeling that we’re going to see some significant changes attempted on a clean water 278
act, for example. 279
280
Maxecine Mitchell: I have one more question. I take it there’s no RV parks in Orange County? 281
282
Patrick Mallett: Legally, no. 283
284
Alan Clapp: There is one just across the line in Alamance County, but not in Orange. 285
286
Maxecine Mitchell: Ok. I was just wondering if this is the first time we’re dealing with RVs. The one I found was on 287
Jones Road and I’ve seen people park their RV there but I don’t know how long. 288
289
Alan Clapp: That’s the one. That’s called a park model. So they leave those there. They hook their bathrooms to the 290
septic system but they have a bathhouse where you have to go and take a shower. 291
292
Maxecine Mitchell: Ok. And they’re regulation is based on the County it’s in? 293
294
Alan Clapp: Yes. So, in Alamance that’s fine. Here, the Health Department could permit that the same way but they’d 295
also have to meet planning regulations. 296
297 MOTION by Kim Piracci to approve statement of consistency in attachment 3 and to approve the proposed 298
amendments in attachment 4. Seconded by Patricia Roberts. 299
VOTE: 7-1 (MAXECINE MITCHELL OPPOSED) 300 301
Maxecine explained she had some reservations about whether it’s a good idea. 302
40
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.
These amendments are consistent with this goal and objective as it clarifies
required utility hook-up and design standards for temporary housing units
and, addressing issues of sustainability, and encourages/promotes the use
of said units in areas of the County where a need has been established.
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.
These amendments are consistent with this goal and objective because it
promotes greater flexibility with respect to the use of temporary housing
units within mobile home parks and provide a mechanism for their permitting
thereby expanding the types and densities or housing options.
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.
Attachment 4
41
• 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.
These amendments are consistent with this goal and objective as it provides
a mechanism for the permitting of temporary housing units, clarifies the
permitting and use of said units, and allows for the grouping/cluster of like
land uses thereby eliminating land use conflicts.
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.
This amendment will allow for temporary housing units to be
installed/utilized in the new Home Park district in accordance with applicable
State regulations. Currently these units are prohibited.
2. Revising existing land use regulations to ensure existing conflicts with State
Building Code standards and Environmental Health policies are resolved.
This amendment incorporates language identifying regulatory limitations
associated with permanent and temporary housing units from a utility
connection/use and construction standard within the new Home Park
district.
3. Promote diversity with respect to available housing types.
The amendment expands available housing options that can be utilized
within Orange County and provides opportunities for the use of temporary
housing units in specific circumstances.
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, changing the name to the Home
Park Conditional Zoning (HP-CZ) district.
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
42
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:
43
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) CZD, the utility service plan shall specify if the
proposed services are temporary or permanent connections.2
(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) CZD3 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
and time via first class mail to each property owner within one thousand feet of
the property for which a CZD has been requested.
1 The amendment is designed to ensure consistency within the section with respect to appropriate references to
various Conditional Zoning districts.
2 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.
3 Staff previously suggested simplifying this to “MPD‐CZD” but is now going back to the text as it reads in the
current, adopted version of the UDO to keep the terms consistent on this page.
44
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.
45
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.
46
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-9
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity, subject to the
following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes) and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
47
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.
48
Article 5: Uses
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49
Article 5: Uses
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Page 5-10
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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
11
St
a
f
f
or
i
g
i
n
a
l
l
y
co
n
t
e
m
p
l
a
t
e
d
th
e
in
c
l
u
s
i
o
n
of
Te
m
p
o
r
a
r
y
Re
s
i
d
e
n
t
i
a
l
Un
i
t
s
(e
.
g
.
,
RV
s
)
as
an
ad
d
e
d
el
e
m
e
n
t
to
th
i
s
us
e
ty
p
e
in
th
e
Ta
b
l
e
of Permitted Uses.
Af
t
e
r
re
v
i
e
w
an
d
di
s
c
u
s
s
i
o
n
of
th
e
va
r
i
o
u
s
po
t
e
n
t
i
a
l
is
s
u
e
s
wi
t
h
th
e
Co
u
n
t
y
’
s
At
t
o
r
n
e
y
of
f
i
c
e
,
ho
w
e
v
e
r
,
st
a
f
f
ha
s
de
c
i
d
e
d
to
re
m
o
v
e
th
e
s
e
changes and
ad
v
o
c
a
t
e
s
go
i
n
g
ba
c
k
to
th
e
or
i
g
i
n
a
l
la
n
g
u
a
g
e
in
th
e
cu
r
r
e
n
t
,
ad
o
p
t
e
d
ve
r
s
i
o
n
of
th
e
UD
O
.
To
th
a
t
en
d
we
ha
v
e
sh
o
w
n
th
e
la
n
g
u
a
g
e
,
as approved by the
Pl
a
n
n
i
n
g
Bo
a
r
d
in
De
c
e
m
b
e
r
of
20
1
6
,
in
re
d
st
r
i
k
e
t
h
r
o
u
g
h
fo
r
m
a
t
.
50
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
or
d
w
e
l
l
i
n
g
12
(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
#
*
12
St
a
f
f
or
i
g
i
n
a
l
l
y
co
n
t
e
m
p
l
a
t
e
d
th
e
in
c
l
u
s
i
o
n
of
Te
m
p
o
r
a
r
y
Re
s
i
d
e
n
t
i
a
l
Un
i
t
s
(e
.
g
.
,
RV
s
)
as
an
ad
d
e
d
el
e
m
e
n
t
to
th
i
s
us
e
ty
p
e
in
th
e
Ta
b
l
e
of Permitted Uses.
Af
t
e
r
re
v
i
e
w
an
d
di
s
c
u
s
s
i
o
n
of
th
e
va
r
i
o
u
s
po
t
e
n
t
i
a
l
is
s
u
e
s
wi
t
h
th
e
Co
u
n
t
y
’
s
At
t
o
r
n
e
y
of
f
i
c
e
,
ho
w
e
v
e
r
,
st
a
f
f
ha
s
de
c
i
d
e
d
to
re
m
o
v
e
th
e
s
e
changes and
ad
v
o
c
a
t
e
s
go
i
n
g
ba
c
k
to
th
e
or
i
g
i
n
a
l
la
n
g
u
a
g
e
in
th
e
cu
r
r
e
n
t
,
ad
o
p
t
e
d
ve
r
s
i
o
n
of
th
e
UD
O
.
To
th
a
t
en
d
we
ha
v
e
sh
o
w
n
th
e
la
n
g
u
a
g
e
,
as approved by the
Pl
a
n
n
i
n
g
Bo
a
r
d
in
De
c
e
m
b
e
r
of
20
1
6
,
in
re
d
st
r
i
k
e
t
h
r
o
u
g
h
fo
r
m
a
t
.
51
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
*
*
52
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
^
*
*
53
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
:
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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
:
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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
:
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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
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o
r
o
r
O
u
t
d
o
o
r
(
i
n
c
l
u
d
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n
g
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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
^
*
*
54
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-25
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
MHP
-
C
Z
REDA-CZ-1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
mu
s
t
l
i
s
t
s
p
e
c
i
f
i
c
u
s
e
s
fo
r
c
o
n
s
i
d
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r
a
t
i
o
n
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p
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r
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v
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l
^:
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e
s
h
a
l
l
n
o
t
b
e
a
p
p
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v
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d
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p
a
r
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s
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c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
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u
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e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
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c
a
t
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o
n
,
a
s
d
e
s
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g
n
a
t
e
d
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y
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h
e
a
d
o
p
t
e
d
C
o
m
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r
eh
e
n
s
i
v
e
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l
a
n
.
EXT
R
A
C
T
I
V
E
USE
S
Ex
t
r
a
c
t
i
o
n
o
f
E
a
r
t
h
P
r
o
d
u
c
t
s
GOV
E
R
N
M
E
N
T
A
L
USE
S
Go
v
e
r
n
m
e
n
t
a
l
F
a
c
i
l
i
t
i
e
s
&
O
f
f
i
c
e
B
u
i
l
d
i
n
g
s
*
Go
v
e
r
n
m
e
n
t
a
l
P
r
o
t
e
c
t
i
v
e
S
e
r
v
i
c
e
s
(
P
o
l
i
c
e
&
F
i
r
e
S
t
a
t
i
o
n
s
)
R
e
s
c
u
e
Sq
u
a
d
s
,
V
o
l
u
n
t
e
e
r
F
i
r
e
D
e
p
a
r
t
m
e
n
t
s
*
Mi
l
i
t
a
r
y
I
n
s
t
a
l
l
a
t
i
o
n
s
(
N
a
t
i
o
n
a
l
Gu
a
r
d
&
R
e
s
e
r
v
e
A
r
m
o
r
y
)
Pu
b
l
i
c
A
d
m
i
n
i
s
t
r
a
t
i
o
n
(
S
e
c
t
o
r
9
2
)
*
MAN
U
F
A
C
T
U
R
I
N
G
, ASS
E
M
B
L
Y
& PRO
C
E
S
S
I
N
G
As
s
e
m
b
l
y
a
n
d
P
a
c
k
a
g
i
n
g
O
p
e
r
a
t
i
o
n
s
I
n
c
l
u
d
i
n
g
D
i
s
t
r
i
b
u
t
i
o
n
a
n
d
Ma
i
l
O
r
d
e
r
H
o
u
s
e
s
,
B
u
t
E
x
c
l
u
d
i
n
g
On
-
P
r
e
m
i
s
e
s
R
e
t
a
il
O
u
t
l
e
t
s
*
In
d
u
s
t
r
i
a
l
,
H
e
a
v
y
*
In
d
u
s
t
r
i
a
l
,
L
i
g
h
t
*
In
d
u
s
t
r
i
a
l
,
M
e
d
i
u
m
*
Ma
n
u
f
a
c
t
u
r
i
n
g
(
S
e
c
t
o
r
3
1
-
3
3
)
*
Mi
c
r
o
b
r
e
w
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
*
*
Ph
a
r
m
a
c
e
u
t
i
c
a
l
P
r
o
d
u
c
t
s
*
Pr
i
n
t
i
n
g
&
L
i
t
h
o
g
r
a
p
h
y
*
Sa
w
m
i
l
l
s
^
*
Wi
n
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
*
*
MED
I
C
A
L
USE
S
He
a
l
t
h
S
e
r
v
i
c
e
s
:
O
v
e
r
1
0
,
0
0
0
S
q
.
F
t
.
*
He
a
l
t
h
S
e
r
v
i
c
e
s
:
U
n
d
e
r
1
0
,
0
0
0
S
q
.
F
t
*
Ho
s
p
i
t
a
l
s
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
*
*
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
,
m
o
b
i
l
e
*
*
55
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
)
*
*
56
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
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a
t
i
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o
f
pe
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a
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e
n
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t
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a
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u
n
i
t
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n
d
f
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r
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0
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a
y
s
f
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l
o
w
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n
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i
s
s
u
a
n
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e
o
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r
t
i
f
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c
c
u
p
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n
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y
*
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N
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P
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R
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A
T
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Bu
s
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a
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r
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h
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l
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a
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e
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t
o
r
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r
e
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g
h
t
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m
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n
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r
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e
h
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c
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a
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a
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t
r
o
l
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u
m
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r
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d
u
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:
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t
o
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g
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&
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*
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s
t
a
l
&
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a
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W
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b
l
i
c
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t
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t
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&
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u
b
-
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a
t
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w
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x
c
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a
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g
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e
w
a
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e
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a
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a
n
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s
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e
c
t
r
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c
,
G
a
s
,
a
n
d
L
i
q
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i
d
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e
l
T
r
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n
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m
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L
i
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s
*
*
Wa
t
e
r
&
S
a
n
i
t
a
r
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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
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Article 5: Uses
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58
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 Unit13
(A) General Standards of Evaluation
Residential Mobile Homes A 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 temporary residential mobile home Mobile
Home of 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 home unit 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,
13 Staff originally contemplated the inclusion of references to Temporary Residential Units within this section. After
review and discussion of the various potential issues with the County’s Attorney office, however, staff has decided
to remove these changes and advocates going back to the original language in the current, adopted version of the
UDO. To that end we have shown the language, as approved by the Planning Board in December of 2016, in red
strikethrough format. Staff has also changed references to the removal of a unit, specifically 90 days to 30 days, in
order to be consistent with the Table of Permitted Uses.
59
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-36
existing and proposed landscaping, parking areas, access points, any
officially designated flood plains, and other site details.
(b) A description of the exterior materials, color and construction details.
(c) Statement of proposed use and length of time building will be in use.
(2) Standards of Evaluation –
(a) The temporary building shall not be used for residential purposes.
(b) The temporary building shall not be used by operations offering drive-in
services.
(c) The use of the building shall be only for the period of time specified and
for the use specified.
(d) The proposed use is a permitted use in the district in which it is located.
SECTION 5.5: STANDARDS FOR RESIDENTIAL USES
5.5.1 Accessory Structures and Uses
(A) General Standards of Evaluation
(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.14
(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.15
(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
14 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.
15 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.
60
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-37
attached or detached.16
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirements–
In addition to the completed application form, applicants for a minor or major
home occupation shall submit the following to the Planning Department:
(a) Minor Home Occupations
(i) A plot plan of the property on which the home occupation is to be
located. The plot plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
c. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(b) Major Home Occupations
(i) A site plan of the property on which the home occupation is to be
located. The site plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
c. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(2) Standards of Evaluation -
(a) All Home Occupations
(i) No home occupation may be operated in a residence except as
permitted under this Ordinance and only after a Home
Occupation Permit has be issued in accordance with the
provisions of Section 2.22 of this Ordinance.
(ii) Home based business operations that conduct only online retail
16 Given the proposed modification detailed in number 1 of this section, this standard is redundant.
61
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-41
c. Setback standards for all accessory structures shall be
determined with the approved Special Use Permit and in
no case be less than 40 feet from all property lines.
d. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous vegetation planted on the outside of the fence
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.
62
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-42
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the mobile home
park Home 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.
(e) Storage buildings for individual mobile home spaces Home Park Spaces
and intended for the exclusive use of the Home Park Space 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 spacesHome
Park Spaces.
(2) Mobile Home Stand Space Requirements Home Park Space Requirements17
(a) A mobile home parkHome Park shall be divided into mobile home
spaces,individual Home Park Spaces, each Home Park 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 Home Park
Spaces where necessary to be consistent with groundwater resources
and/or the limitations of providing sewage disposal systems for the
proposed mobile home park.
(b) Only one mobile home or Temporary Residential Unit and its customary
accessory buildings may be erected located on within any mobile home
standspace Home Park Space at one time. Additional Efficiency Units or
Temporary Residential Units shall not be permitted within an occupied
Home Park Sspace.
(c) No permanent mobile homes or Temporary Residential Units, or other
accessory structures, shall be permitted within a Home Park Space.
(3) Mobile Home Stand Requirements
(a) Each mobile home must be placed on a permanent stand in accordance
with the following specifications:
(b)(d) The location of each mobile home stand Home Park Space must be at
an elevation, distance and angle in relation to the adjacent access drive
or street such that placement and removal of the mobile home or
Temporary Residential Unit is practical by means of customary moving
equipment.
17 After review and discussion of the various potential issues/concerns with the County’s Attorney office on the
language approved by the Planning Board in December of 2017, staff has decided to remove previously approved
changes. Further, staff has modified the proposal to address Attorney concerns that the existing UDO and various
text changes have confusing and/or conflicting use of the terms “space”, “stand”, “stall”, and/or “utility.” Staff now
proposes to consolidate this list with distinctions between space requirements and unit separation requirements.
63
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-43
(c)(e) The surface of each mobile home stand Home Park Space and the area
around it shall be graded where necessary to provide proper drainage
and prevent the accumulation of water.
(d)(f) Each mobile home stand Home Park Space 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 or Temporary Residential Unit mobile home stand.
(4)(3) Unit Separation Requirements18
The following separation requirements shall pertain to every mobile home , single
or double wide, and Temporary Residential Unit within a mobile home park.
(a) Each mobile home or Temporary Residential Unit shall be located at
least 20 feet from another mobile home or Temporary Residential Unit
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
or Temporary Residential Unit.
(b) Each mobile home or Temporary Residential Unit 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
or Temporary Residential Unit is located, whichever is greater.
(c) A detached accessory structure located within an individual mobile home
stand space and intended for the use of the occupants of the space
Home Park Space shall be located at least five feet from any mobile
home or Temporary Residential Unit or other building.
(5)(4) Installation of Individual Mobile HomesUnits
(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
18 Staff recommends changing this to clarify that the separation requirements are for the unit (e.g., mobile home,
RV). Current UDO and various changes were ambiguous.
64
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-44
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.
(6)(5) 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.
65
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-45
(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)(6) 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.
(8)(7) 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 space shall have a permanent site numberaddress
sign consistent with the following:erected in accordance with the Orange
County Addressing Ordinance.19
(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)(8) 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)(9) Mail Facilities
19 Language simplified and grammatically corrected consistent with the County’s Attorney office suggestions in
order to ensure legal sufficiency.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-46
(a) Within 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)(10) 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.
(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)(11) Operations
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the mobile Hhome Park.
(13)(12) 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)(13) 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
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-47
within the setback area is prohibited and additional plantings may be
required to meet the standards for a Type C buffer.
(15)(14) 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
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.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-48
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
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.
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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 Park20
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 use
during the duration of the lease.
Home Park Space21
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.
20 Language revised to simplify and avoid ambiguity consistent with recommendations from the County’s Attorney
office to ensure legal sufficiency.
21 Language revised to simplify and avoid ambiguity consistent with recommendations from the County’s Attorney
office to ensure legal sufficiency.
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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 Park22
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 homesfor non-transient (placement for the duration of
the lease) use.
Mobile Home Space/Lot23
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.
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;
22 Term removed and redefined under Home Park consistent with recommendations from the County’s Attorney
office to ensure legal sufficiency .
23 Term removed and redefined under Home Park Space consistent with recommendations from the County’s
Attorney office to ensure legal sufficiency.
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-34
Public Body
Any government or governmental agency of the Orange County, the State of North Carolina, or the
United States of America.
Public Interest Area
Land which contains public or quasi-public uses such as state parks, research forests or known
archaeological or historical sites.
Public Safety Hazard and/or Nuisance
Anything, which is injurious to the safety or health of an Orange County neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Vehicular Areas
Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the public and where the offer for dedication has not been accepted.
Recreation 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.24
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
24 Language revised to simplify and avoid ambiguity consistent with recommendations from the County’s Attorney
office to ensure legal sufficiency .
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-60
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.
73