HomeMy WebLinkAboutOCPB agenda 080217
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, August 2, 2017
Regular Meeting – 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 3 - 4 INFORMATIONAL ITEMS
a. Planning Calendar for August and September
3.
5 – 21
22 – 23
24 – 35
36 – 40
APPROVAL OF MINUTES
May 3, 2017 ORC Notes
May 3, 2017 Regular Meeting
July 5, 2017 ORC Notes
July 5, 2017 Regular Meeting
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB) to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges to the residents of Orange County its respect. The Board asks
its residents to conduct themselves in a respectful, courteous manner, both with the Board
and with fellow residents. At any time, should any member of the Board or any resident fail
to observe this public charge, the Chair will ask the offending member to leave the meeting
until that individual regains personal control. Should decorum fail to be restored, the Chair
will recess the meeting until such time that a genuine commitment to this public charge is
observed.
6. CHAIR COMMENTS
1
No. Page(s) Agenda Item
7.
41 – 100
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT -
SUBDIVISIONS - To make a recommendation to the BOCC on
government-initiated amendments to the text of the UDO that makes
corrections to the amendments adopted on January 24, 2017 regarding
subdivisions. This item is scheduled for the September 11, 2017
quarterly public hearing.
Presenter: Patrick Mallett, Planner II
8.
101 – 285
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
REORGANIZATION OF TABLES OF PERMITTED USES - To make a
recommendation to the BOCC government-initiated amendments to the
UDO that would reorganize the Tables of Permitted Uses in response to
the Byrd v. Franklin County judicial decision and modify other sections
to ensure consistency within the ordinance. This item is scheduled for
the September 11, 2017 quarterly public hearing.
Presenter: Michael Harvey, Current Planning Supervisor
9.
COMMITTEE/ADVISORY BOARD REPORTS
a. Board of Adjustment
b. Orange Unified Transportation
10. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE MAIL FOR
MICHAEL HARVEY (919-245-2597).
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SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 MAY 3, 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; Andrea Rohrbacher, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 9
Representative; Kim Piracci, At-Large; Randy Marshall, At-Large; Alexander Gregory, Chapel Hill Township Representative; 10
David Blankfard, Hillsborough Township Representative; 11 12 Members Absent: Laura Nicholson, Eno Township Representative; Patricia Roberts, Cheeks Township Representative; Paul 13
Guthrie, At-Large Chapel Hill Township; Donna Coffey, Cedar Grove Township Representative; 14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 16
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 – REORGANIZATION OF TABLES OF 25 PERMITTED USES 26
To continue review and discuss proposed amendments to the UDO that would reorganize the Tables of 27
Permitted Uses in response to the Byrd v. Franklin County judicial decision. 28 Presenter: Michael Harvey, Current Planning Supervisor 29 30
Michael Harvey reviewed the abstract. 31
32
Lydia Wegman: So it’s the American Planning Association? 33
34
Michael Harvey: Yes. 35
36
Lydia Wegman: And is that the one you’ve decided to use as the? 37
38
Michael Harvey: We’re actually using the NAICS hybrid because the NAICS we’ve actually got in our EDD table, the NAICS 39
code was what was utilized to create the Economic Development District table of permitted uses in section 5.2.2. We don’t see 40
the need to deviate from it that much. The APA list is helping us to address some residential land uses because NAICS 41
obviously doesn’t care about residential, it’s a commercial code. There’s unnecessary duplication of information in the APA list 42
that makes it more cumbersome than NAICS. NAICS is just voluminous. APA’s listing actually gets convoluted and repeats 43
itself. 44
45
Lydia Wegman: So you’re using NAICS? 46
47
Michael Harvey: Yeah. The land use categories. 48
49
Craig Benedict: We’re going to be able to get rid of 200 pages by collapsing. Michael, could you just go over one other thing 50
for the Board? The kind of general categories of what we’re going to be plugging all these different uses into. Tell them about 51
the permitted by right, permitted by Special Use. 52
53
Michael Harvey continued reviewing abstract. 54
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55
Craig Benedict: One other use type is Prohibited Use. 56
57
Michael Harvey: Well, in those instances where you don’t see a hash tag, a B, an A, or any designation that means the use in 58
prohibited in that district. So for example, on Attachment 3, Agricultural Processing Facility, you’ll note that there’s nothing 59
checked in the rural buffer, the agriculture residential, the R1 or R2 zoning districts. That means it’s prohibited. You see check 60
marks in Agriculture Services, or AS, I1, I2, I3; those are our industrial districts. Those are the only four general districts you’re 61
allowed to have an agricultural processing facility. You’ll also notice it’s allowed within the AG Service Enterprise conditional 62
zone and the Master Plan conditional zone districts. But, that’s it. Everywhere else it’s prohibited. So if you don’t have a mark, 63
don’t have a note, don’t have squat in the box it’s prohibited. And there’s going to be language added to the UDO clarifying 64
that. 65
66
Craig Benedict: And in the past we used to have it not listed at all and we said it’s prohibited, it’s not listed. Now we have to go 67
in there and list it and leave it blank. 68
69
Michael Harvey: And I’ll just remind the Board we are not the only community in this predicament. Every town and county in 70
North Carolina is dealing and wrestling with the same issue. So it’s nothing unique or new. Now you can get into a 71
philosophical argument about whether or not we should have always been doing it this way, not Orange County but globally, 72
and that’s a waste of time because I can get ten lawyers in a room and they’re all going to have a different opinion about how 73
the Statute should have been interpreted so we’re beyond that, we’re fixing the problem. 74
75
Michal Harvey continued reviewing abstract. 76
77
Tony Blake: The one thing I noticed when I read through this was there’s no mention of wedding venues. 78
79
Michael Harvey: That’s already covered under the retreat center definition. 80
81
Tony Blake: It I covered under the retreat center but it’s not in the AG area. So what I’m wondering is there, given the pending 82
situation, I’m wondering if that is amiss, or is it intentional? 83
84
Michael Harvey: I still believe that in fortune of the court, either the court or the general assembly is going to take that out of 85
our hands. 86
87
Tony Blake: Ok, but I mean because it’s not listed there it’s permitted by right. 88
89
Michael Harvey: No, it’s captured under the definition under retreat center, and because of that you have to be a retreat center 90
to do that type of activity. 91
92
Tony Blake: Ok. 93
94
Michael Harvey: We’re not going to list. It’s sort of like with recreation facilities; we’re not listing out every recreation facility, it’s 95
captured in the definition section of Article 10. And that is perfectly reasonable to list those uses there instead of just having… 96
97
Tony Blake: So that’s like inaudible everything in NAICS code 721, for example. 98
99
Michael Harvey: It picks up the uses we feel were necessary to incorporate into the UDO, yes. 100
101
Tony Blake: Ok. 102
103
Lydia Wegman: Can I go back one second? Do you see any concern with losing the conditional use process? 104
105
Michael Harvey: No. It’s never been used in Orange County. It’s a convoluted process to begin with. It was never popular. It 106
was actually created several years ago to counter spot zoning as a hybrid. There were several court cases where it was 107
deemed to be “legal” but nobody, including the Institute government folks who were championing it, liked it. And it was 108
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determined that conditional zoning was a much better construct to do the same thing. Now, having said that there are uses in 109
here specifically that are only approvable through a conditional use permitting process. We’re going to have to change it to an 110
appropriate designation, whatever that is. 111
112
Michael Harvey continued reviewing abstract. 113
114
Tony Blake: Where would a charging station for an electric car fall in that? 115
116
Michael Harvey: I actually would call that as an accessory use. But that’s neither here nor there. 117
118
Tony Blake: Well Tesla for sure has made it a thing. These rapid charging stations. 119
120
Michael Harvey: I would actually call that an accessory use. It may be, and we’ll get to this example in a minute, but maybe 121
there’s a better way to handle that. So if you let me continue I can show you an example and gauge your reaction to it. 122
123
David Blankfard: Madam Chair, I’m going to have to go; I’ve got a pet emergency. 124
125
Lydia Wegman: Ok. Thank you David, I hope your pet is all right. 126
127
Michael Harvey: David, I’ll reach out to you with some of the background effect. In fact, for the new members I’ll be reaching 128
out to you with links to where you can find some of the background information on this from the previous presentation so you 129
have it available to you. 130
131
Michael Harvey continued reviewing abstract. 132
133
Lydia Wegman: Just one question. On the adult daycare facility there’s an asterisk under MPD conditional zoning. 134
135
Michael Harvey: I threw that in there. We haven’t determined where they’re all going to be yet. I understand why you’re asking 136
but we haven’t come up with a comprehensive idea of where these would go yet. Or what process they should go through. For 137
example, you may not want adult daycare residential zoning districts without a Class B SUP. That’s something we’re still 138
wrestling with in terms of what we’re going to recommend to you all. But at least we want you all comfortable with the thought 139
process. 140
141
Lydia Wegman: And one other question. There are a couple of C #’s. 142
143
Michael Harvey: Yes, that’s conditional use. 144
145
Craig Benedict: One other thing. When you’re reviewing this if you think a use, such as adult daycare facility, might be of two 146
different intensities meaning one where it’s just daycare and one is overnight care and you think it should be split into two 147
areas and maybe an overnight facility fits in certain categories and it doesn’t fit in other categories. 148
149
Michael Harvey: Well actually Craig, all due respect, we already have that. And that’s the family care home and group care 150
facility and residential. We’ve also dealt with assisted living facilities, which would include assisted living, nursing care, 151
congregate care, and residential as well. We put the daycare just for that day because we have other land uses dealing with 152
overnight or longer-term accommodation issues. 153
154
Craig Benedict: So are they in a different category than care and education? 155
156
Michael Harvey: Yes. And the reason being is because it’s residential in nature. 157
158
Lydia Wegman: I do feel like it should say human care and educational facilities for child and adult care, because someone 159
could say dog care. 160
161
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4
Michael Harvey: Well, the definitions of these are for people. We have kennel operations in this ordinance that will be dealing 162
with animals, pets. We have existing land use categories addressing the care of animals. 163
164
Kim Piracci: So you just feel like to say human care is redundant? 165
166
Michael Harvey: My opinion, yes. It doesn’t mean it’s not a good idea, but my opinion it’s redundant. It’s not something I don’t 167
mind looking at but I think with the definition structure we have it’s becomes apparent quickly that this is for the care of the 168
elderly, or the care of children, or the care… 169
170
Kim Piracci: What if we haven’t gotten to animals or shelter or whatever yet? I mean, to me it’s not that obvious. 171
172
Michael Harvey: Ok, you’re entitled to your opinion. 173
174
Tony Blake: I tend to agree, but that’s just me. What would… 175
176
Kim Piracci: So, I mean is there not room for discussion on it? If two of us are feeling the same way… 177
178
Michael Harvey: There is room for discussion but I think that... 179
180
Kim Piracci: You’re not going to change your mind. 181
182
Tony Blake: No, we’re not going to change his mind. 183
184
Michael Harvey: I think that you are losing sight of the fact that there are specific sections dealing with the care of animal 185
independent of this. I think that’ you’re forgetting the fact that we have definitions that will be defining this is what these 186
activities entail, where it’s spelled out that this is for care for people. I think that if I’m too add human here then that to me is 187
redundant and unnecessary. There’s not education facilities for dogs. That’s why we have the kennel. 188
189
Kim Piracci: It’s one word in one spot. 190
191
Randy Marshall: But if you’ve got… If you’re looking at care and facilities here and you look at definitions it’s talking about not 192
animals. There’s this whole different section about animals, so I don’t think it’s a problem. 193
194
Michael Harvey: If this Board wants to vote to recommend adding the word human and that’s your recommendation I’ll 195
certainly add it. But I think it’s redundant and unnecessary. You have my opinion, you can disagree with me, and this body can 196
certainly vote to say add the word human and I will honor that request. 197
198
Lydia Wegman: Just a better option would be if you felt it was appropriate to say child and adult care. To me, the use of the 199
word human is quite awkward. 200
201
Kim Piracci: It’s weird. It’s awkward. It is awkward. 202
203
Lydia Wegman: Yeah. If the desire is to make it clear it’s for humans I would just say child and adult. 204
205
Michael Harvey: Well, one of the reasons I eliminated child is because care becomes universal. It’s just not about child or 206
adult. It’s care and education. 207
208 Inaudible 209
210
Lydia Wegman: I’m just saying, you have a list of adult daycare, child daycare facilities, so it would not necessarily be 211
inappropriate if there’s a strong feeling that… 212
213
Michael Harvey: So, I’m hearing there’s a strong feeling to add the word child and adult care and educational facilities. 214
215
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Tony Blake: My view is either eliminating it from the subtext or add that something clarifying to the top. 216
217
Michael Harvey: I can’t eliminate adult daycare, childcare. I can’t eliminate that. So is there then a recommendation requesting 218
the Planning Board to add the term child/adult care and educational facilities to the use category definition? 219
220 MOTION by Kim Piracci to add the language suggested. Seconded by Lydia Wegman. 221 VOTE: 4 – 3 OPPOSED (ALEXANDER GREGORY, ANDREA ROHRBACHER, BUDDY HARTLEY) 222
223 Inaudible 224
225
Michael Harvey continued reviewing abstract. 226
227
Tony Blake: What was the one example? Was that Del Centro? 228
229
Michael Harvey: Well I don’t even think Del Centro would be a good example. It was supposed to be this… It was supposed to 230
be a cooperative where there would be shared access to materials, which again didn’t make any sense to me. It’s a school or 231
it’s not a school. The fact that you’re not going to allow schools to share materials I think gets a little bit into the minutia of 232
you’re telling a school they can’t share a book. So you don’t need to have some arbitrary land use category for that purpose. 233
234
Tony Blake: Yeah, it seems like a clumsy way to try to get something… 235
236
Michael Harvey: Yeah. And the problem is I don’t know what it was originally trying to get in the first place. There was an 237
intention. A long time ago. I don’t know what that intention is anymore. 238
239
Randy Marshall: If you had non profit groups that were trying to help non reading adults learn how to read literacy… would that 240
be under the definition of non profit education inaudible? 241
242
Michael Harvey: Not under the current definition. I would actually call that a school. Where we have school, exam prep, 243
tutoring, language, driving. I would actually say it’d fall under that category versus a non-profit education cooperative. Let me 244
just interject something real quick, some of the older Board members will know this: the County’s Attorney’s office has been 245
incredibly anxious to eliminate references to profit and non-profit. You cannot base and shouldn’t be basing land use decisions 246
on the for profit or non for profit status of an organization or an operation. It either is permitted because of its activity or not. It 247
shouldn’t be permitted because it’s non-profit and then prohibited because it’s profit. So we are eliminating as best we can 248
land use decisions based on ownership or based on tax status. 249
250
Randy Marshall: So school could be profit or non-profit? 251
252
Michael Harvey: Private or public, yes sir. Yeah, we do not distinguish, currently. In fact we’ve added language or are 253
recommending language be added to make sure that distinction, that it’s either public or private. We don’t discriminate. 254
255
Randy Marshall: So anywhere you teach is considered a school. 256
257
Michael Harvey: Anywhere you teach where you are offering a curriculum based on the State of North Carolina standards 258
curriculum where you can achieve a diploma is listed as a school; elementary, middle, and secondary public or private. A 259
school where you’re doing exam prep, where you’re doing tutoring, where you’re teaching language, or driving is a school that 260
falls into that category and will be allowed in several districts. 261
262
Randy Marshall: What about my example of adult literacy, which is not leading toward a diploma, it’s trying to help somebody 263
who’s got to be 35 and can’t read? 264
265
Michael Harvey: Right, from my stand point that would fall into either school, the school; exam prep, tutoring, language, driving 266
example, or it could even fall into the school; vocational, business, community, trade, junior, or technical. Depending on the 267
aspect of the teaching it could fall into either one. 268
269
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Tony Blake: Doesn’t the library do a lot of that? Wouldn’t that make the library a school? 270
271
Michael Harvey: No. 272
273
Buddy Hartley: I think that would be about the same thing as the 21 year old that wants to learn how to drive. 274
275
Michael Harvey: Well it doesn’t make the school a driving school but you can’t have a private driving school. The library’s still 276
a library if it’s offering a programmatic service. It’s like the government, and this is a really bad example but it’s the one I’m 277
going to give. The government doesn’t become a movie theater because it has a community open house where they show a 278
movie. A library doesn’t become a movie theater for the same reason. So you don’t lose that principal status. This building has 279
language classes in it, as an example, so it doesn’t turn this into a school. It is a program service offered by the government in 280
terms of its operational parameters to provide services to the public. I will clarify sir where adult literacy, adult education would 281
go in this context so that it’s spelled out a little better. 282
283
Randy Marshall: Well, you know, some cases there were retired educators who want to try to help people who do not know 284
how to read. 285
286
Michael Harvey: Right. So the other thing I want to call everyone’s attention to: schools; elementary, middle, and secondary; 287
public or private. You’ll note under the Economic Development Eno 1 and I’ve got a footnote there, 15. Everybody see that? 288
I’m going to pick on Kim for a second. What do you see with those land uses? School. 289
290
Kim Piracci: Schools, elementary, middle, and secondary. 291
292
Michael Harvey: Yes ma’am, that whole column. What I’m getting at is everywhere in the county it’s required to be a Class A 293
SUP. Except for some reason Economic Development Eno zoning district. 294
295
Kim Piracci: And that’s the way it exists now? 296
297
Michael Harvey: Yes ma’am. 298
299
Kim Piracci: And so you’re trying to change it? 300
301
Michael Harvey: We’re going to change it to an A. So schools are treated the same in every zoning district. It doesn’t make 302
any sense to us. We have other examples of that in the code. Cemeteries are another example. I’ll get to that in a few 303
minutes. It’s a Class B SUP in every residential zoning district in the county with one notable exception. And I can’t for the life 304
of me figure out why. 305
306
Tony Blake: Where was the last school built? Was that in Eno? 307
308
Craig Benedict: Probably Gravelly Hill. Inaudible in an economic development zone. 309
310
Michael Harvey: Buckhorn. And that went through a Class B SUP process. 311
312 Inaudible 313
314
Michael Harvey: The charter’s in Hillsborough’s jurisdiction. And they went through; I think they went through a SUP process 315
as well. 316
317
Craig Benedict: The only reason this in Eno is we were trying to match up to the Durham zoning code in case it was annexed. 318
And so sometimes if it’s permitted by right over there maybe we permitted it by right, I’d have to check. That might have been 319
some sort of inaudible. It doesn’t have to be that way. It could be a special use on our side and if it ever gets annexed that 320
they fix the zoning inaudible. 321
322
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Michael Harvey: You’ll note when we get down further with schools it used to read that school’s vocational. We’ve expanded 323
that list pretty dramatically so as to make sure that we’re not eliminating somebody’s concept of what a vocational school 324
would be. So it’s vocational, business, community, trade, junior college, and technical. 325
326
Randy Marshall: Should we add preschool to elementary, middle, and secondary? 327
328
Michael Harvey: Well that’s not a bad idea. My response to you though is that a preschool is technically a component of that 329
land use categories defined by the state. Preschools are typically the function, or used as a function in an elementary school. 330
331
Randy Marshall: Well there are preschools that stand-alone. 332
333
Michael Harvey: I’m not disagreeing with you, but it’s part of the Chapel Hill-Carrboro school system. 334
335
Randy Marshall: Well what I’m saying is that elementary doesn’t necessarily mean, doesn’t include preschool. 336
337
Michael Harvey: We can add it. Again, it’s not a bad idea, I’m giving you my reaction as well. We can add preschool, that’s not 338
a problem and obviously we’re going to be making sure we’re using a term that is recognized by the state for that so that 339
nobody can claim we’re doing… 340
341
Randy Marshall: Right now I think it’s mostly 3 and 4 year olds that come to preschool. 342
343
Craig Benedict: Randy, where would you think the inaudible 1:03:31 concept would fit now? It’s not really a junior college yet. 344
Is it like 11th/12th grade but not considered a secondary? Middle college? 345
346
Randy Marshall: I think they’re taking courses, inaudible or technical courses, but I think it’s still considered secondary. 347
348
Michael Harvey: And that would actually, Craig, go to the State definition and I would trust your view of that more than mine 349
because of your background, but I think it’s actually covered in the definition of the State component for what constituents an 350
allowable secondary school. 351
352
Randy Marshall: Well if you never received a high school diploma I think you’re probably still considered a high school student. 353
Secondary. 354
355
Michael Harvey: So again, school’s under vocational, we’ve expanded that use. Not only coupled components from NAICS but 356
also the APA list. So where we felt the need we obviously stole from both. Here’s a question and yeah, Tony’s correct, the 357
footnote for some reason is on the next page, I apologize, but universities, colleges, and institutes. I’m at a loss to explain why 358
we require Class A SUP for elementary, middle, and secondary and not require the same for universities, colleges, and 359
institutes. There is one caveat to that but in the State of North Carolina I can’t regulate it anyway. Do you all have any 360
thoughts about that? We were going to be recommending it become a SUP with the understanding that if it is UNC, if it is a 361
State institution, local zoning is more that likely preempted anyway. But for a private college or private institute we didn’t 362
necessarily believe going this permitted by right with no public involvement, no review was vile. 363
364
Lydia Wegman: I agree. 365
366
Michael Harvey: But everyone understands. Well, again, I’m not trying to insult your intelligence. Everyone understands the 367
conundrum I’m going to find myself in when UNC says we’re doing this here? 368
369
Lydia Wegman: We do. 370
371
Tony Blake: The question I had about that whole thing was sort of, UNC is so expansive they have an animal care facility for 372
research; does that fall in this category or does that fall under? 373
374
Michael Harvey: Craig? You and I, Frank Clifton, John Roberts... 375
376
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Craig Benedict: For that research facility? 377
378
Michael Harvey: It was a research facility. But… Well, here’s why I’m pulling Craig’s memory. We actually initiated an 379
enforcement action against them and I had to rescind that enforcement action. I think because it was State. 380
381 Inaudible 382
383
Michael Harvey: We initiated from the enforcement standpoint on the land use component but I think their argument at the 384
time was we are a state entity, it was part of the college operation and therefore it was exempt, because they didn’t do 385
classes. Is that your recollection? 386
387
Craig Benedict: Yeah. 388
389
Michael Harvey: So in that instance, yeah, they would be exempt. 390
391
Lydia Wegman: So they’re exempt from pollution control? 392
393
Michael Harvey: No, but they’re exempt from my land use provisions. 394
395
Tony Blake: A dear got involved. 396
397
Michael Harvey: Remember that all this is is do I have to take them through a land use permitting process. Which doesn’t 398
mean they don’t have to comply, but let’s be candid, a State institution is going to be complying with State Erosion Control 399
Storm water guidelines, not local. A State institution’s going to be complying with State Waste Water Permitting Processes, 400
not local. So I hate to say it but you get what you get. 401
402
Craig Benedict: There’s one other in here because we had a proposal for an athletic school, like Nick Bollettieri’s tennis school 403
where they actually taught class and played tennis so I don’t know where that… Maybe it’s the schools dance or maybe we 404
could put schools athletic. 405
406
Michael Harvey: I wonder if it would be covered under gymnastics but we could certainly add the term athletic. 407
408
Tony Blake: So if a school had a facility that was non-educational that would fall under a different category entirely than this 409
one, right? 410
411
Michael Harvey: Give me an example. 412
413
Tony Blake: The record center on 54. 414
415
Michael Harvey: Well from my standpoint I think that the oddest answer to your question is that would still be considered part 416
of the UNC facility, under that umbrella. I know you’re trying to give that as an example of how… 417
418
Tony Blake: Take UNC out of it, if it was a private college would that fall under an educational category or under a… 419
420
Michael Harvey: I would say it would still fall under educational because if the primary mode of operation is the support of the 421
operation of the school but it would still have to be approved through the appropriate SUP process under this construct. Now 422
let’s take that to the next question. If you have a storage facility where UNC rents a couple of lockers does that mean that 423
becomes a school? The answer’s no because it’s storage. But if UNC or DUKE comes to Orange County builds a warehouse 424
for the storage of documentation that is an extension of Duke University it would require, as we’re reconfiguring here, a Class 425
A SUP as a private institution. 426
427
Tony Blake: Ok. 428
429
12
9
Kim Piracci: So, I’m not sure, I’m asking. Do you remember 10 maybe 12 years back UNC Chapel Hill was putting a lot of 430
energy into Carolina North and that has since inaudible. 431
432
Michael Harvey: They dumped the money, correct. 433
434
Kim Piracci: Oh, it’s about them having the money? 435
436
Michael Harvey: And a few other permitting issues, yeah. 437
438
Kim Piracci: So permitting issues. So is that Chapel Hill the town of permitting issues? 439
440
Michael Harvey: Yes ma’am it’s in their jurisdiction, but they’re permitting issues I think is not necessarily with the Town, it was 441
with the State. And it was with funding, and there were several other issues associated, also with closing Horris Williams. So it 442
was the perfect storm of an amalgamation of a bunch of different issues all rolled into one. But you are correct. It’s in Chapel 443
Hill’s jurisdiction. There was a SUP process involved. 444
445
Craig Benedict: A developers agreement was put together, which is State laws allow inaudible even discuss the developers 446
agreement program… It’s something like conditional zoning. You come up with a list that you’re going to build in this time 447
frame and here are the conditions so its another hybrid allowed by state, well not used that much, but it was used for Carolina 448
North. 449
450
Kim Piracci: So none of that informs this or it all informs this saying this is out of your jurisdiction. 451
452
Michael Harvey: Correct. It would be subject to Chapel Hill and obviously to the state. 453
454
Kim Piracci: But if they decided to do it somewhere. 455
456
Michael Harvey: In Orange County, I can guarantee what we’d be faced with is the argument of, “Well we’re exempt, we might 457
partner with you and try to be nice and work with you, but you’re going to do it on our terms”, which is kind of how, in the 12 458
years I’ve been working here with Craig, that’s usually what happens with us and UNC. 459
460
Randy Marshall: That raises the question that you hear from the legislature is that they don’t want us at the local level doing 461
anything. 462
463
Michael Harvey: We’re finding that out painfully everyday. 464
465
Randy Marshall: How do you see that proceeding, in terms of the kinds of things that we’re trying to do here? Are conflicts 466
implied in terms of what the legislature is trying to whole sway over or? 467
468
Michael Harvey: Well I’ll get philosophical for a moment and say this: Obviously our power to do this, to regulate land use, is 469
given by the State. They obviously have the power to limit that. I think that we are well within our legal rights to establish 470
reasonable regulation on land uses and the state has a reasonable right to say you can’t do this to a state institution. You 471
can’t do it to private institutions but their view is since we are the state we ultimately have the peoples best interest at heart so 472
we don’t need you being big brother to us, we’re your big brother. And we’re going to do it our way because we know better 473
than you. And ultimately, in all my dealings in 20 years as a planner in North Carolina, that’s been the mantra. 474
475
Randy Marshall: But the bigger question seems to be, for instance they don’t want local jurisdictions to provide better 476 inaudible to employees, or wage increases, or whatever and the state is trying to restrict those. Could they go so far as to say 477
there will be no land use ordinances of the local level, everything is free and open as far as the state… 478
479
Michael Harvey: Yes. They could certainly do that. I honestly don’t think we’re going to get there because. 480
481 Inaudible 482
483
13
10
Michael Harvey continued reviewing abstract. 484
485
Tony Blake: So the charging stations are treated like a kiosk? 486
487
Michael Harvey: Yeah. 488
489
Lydia Wegman: Under offices? 490
491
Michael Harvey: No. inaudible. So if you’re comfortable with that I can try it out and let you all see it. 492
493 unknown 1:22:07: Could I back up for a second? Under salvage yard does that include recycling centers? 494
495
Michael Harvey: Recycling center’s actually covered elsewhere in this section. Let’s continue to go through and if not let me 496
make a note so I can answer your question. 497
498
Tony Blake: So one question I had about the contractors is a number of them do on site fabrication of things where they 499
actually assemble something and put it together and is that a separate category or is that always allowed? Especially the 500
HVAC guys. 501
502
Michael Harvey: My initial reaction is it should be covered under manufacturing versus the office of. 503
504
Tony Blake: Oh, ok, this is the bookkeeping and all that? 505
506
Michael Harvey: Yeah. 507
508
Lydia Wegman: I’m sorry, you have two categories that you’ve created, two different ones for bank settings and credit union 509
with or without an ATM. Is that because of the cars? 510
511
Michael Harvey: Yeah. You may have districts where you don’t care if there’s a bank but you may not want an ATM. 512
513 unknown 1:23:34: Where do drive ins as a general category fit? Or are they all distributed under a particular type of drive in? 514
515
Michael Harvey: Well that’s a loaded question. That unfortunately has a lot of history in this county when it comes to drive ins. 516
517
Unknown: That’s why I asked the question. 518
519
Michael Harvey: I think that the honest answer is that we broke it out here specifically to try to determine if there were 520
locations generally zoning districts or other districts where, yes, you might want to have a bank but you didn’t want a drive up 521
ATM. We currently prohibit drive trough’s in the Efland Cheeks overlay district along highway 70 going towards Mebane and 522
there was a prohibition the Hillsborough Economic Development district prohibiting drive through facilities, period, which was 523
eliminated last fall. Typically I would argue to you that a drive through, say for a retail center if it’s a dry cleaner, or if it’s a 524
pharmacy, is an accessory permitted use. I don’t distinguish in here, other than the ATM, because I’ve had commissioners 525
complain about… We may want a bank in the neighborhood commercial zoning district but we’re not going to have a drive 526
through. Ok, this is one way to try to address that. 527
528
Randy Marshall: So rather than having a separate item in the UDO for drive-thrus you are placing those within the different 529
commercial categories 530
531
Michael Harvey: There are those areas that I’m saying can’t have it and trying to keep mum on the rest, to be honest, because 532
I don’t want to get into the micro management of. Restaurants is another prime example, we’ll get into it in a minute. We 533
originally had four categories of restaurants. James Bryan and I decided it might be a good idea to just collapse that into just 534
one category, say restaurants. And then say you can have a restaurant in this zoning district without a drive through. And then 535
that gets basically the same standard here, as a way to try to simplify some of this. Make it a little easier. 536
537
14
11
Randy Marshall: It seems like to me we need to be specific as possible because there’s nothing that fires up neighborhoods 538
any faster than somebody proposing a drive through anywhere within five miles of them. 539
540
Michael Harvey: Well, to be honest, there’s nothing that fires up one or two of our elected officials like the term drive through. 541
We actually proposed a text amendment 2008 and Craig and I went to meetings for two years on establishing drive through 542
standards and the issue was prohibit them everywhere, regulate them as follows, only allow them for certain uses, and we had 543
to go through the Economic Development Commission, County Commissioners, this Board, and after two years we didn’t have 544
an ordinance. 545
546
Randy Marshall: So it’s just easier to put them into different commercial categories as opposed to inaudible as a major 547
category? 548
549
Michael Harvey: More or less. 550
551
Michael Harvey continued reviewing abstract. 552
553
Kim Piracci: So the way this is written now they would be able to frack in the county? 554
555
Michael Harvey: Well this way this is written now, legally, somebody could go in through with a SUP process and engage in a 556
fracking operation. Right now it’s allowed. State law preempts us from having a regulation that is deemed to be overly 557
prohibitive to say you can’t do it. And that’s probably what somebody would argue and we’d probably lose. 558
559
Kim Piracci: Quick and easy, there are places in California localities define more senior. 560
561
Michael Harvey: The only saving grace is that when you actually look at deposits, we’ve got nothing. 562
563
Craig Benedict: Michael, the quarry that does some processing on site, we took that through… 564
565
Tony Blake: I was going to ask about American Stone because does that qualify as processing when they’re making? 566
567
Michael Harvey: No, because all they’re taking rock and making small rock. They’re not turning it into asphalt. 568
569
Randy Marshall: But there is an asphalt plant. Is it grandfathered in? 570
571
Michael Harvey: Not at American Stone on 54. There used to be one on 57 going towards Person. That burned down and for 572
the last 12 years every three years we send a note to the State telling them that there cannot be an asphalt plant at that facility 573
because it’s inconsistent with out ordinance. 574
575
Randy Marshall: Well I seem to recall when I was on the Town board that there was an asphalt plant. There was a lot of 576
concern about it. Just outside of Carrboro’s jurisdiction. 577
578
Craig Benedict: That was closed down and not able to be re-opened. 579
580
Michael Harvey: And we actually cover asphalt plants differently elsewhere on this. Now also remember though that under 581
state law and even under our own ordinance there are uses permitted by right in every zoning district. One of them is listed in 582
article 5, section 5.1 2. Uses permitted as a matter of right, bona fide farms is one, barrow pits… I actually thought there was 583
something in here about bash plant concrete plant associated with a highway project. 584
585
Michael Harvey continued reviewing abstract. 586
587
Randy Marshall: Is that where your recycling centers would come in? 588
589
Michael Harvey: Yes. That’s our convenient centers. And there’s also a recycling land use category in this document. Any 590
questions on that one? 591
15
12
592
Randy Marshall: Yeah. Why wouldn’t you allow a fire station in LC1? 593
594
Michael Harvey: Inaudible. Because it’s currently not allowed and I did do anything with it to be blunt. That’s the best answer. 595
596
Tony Blake: And I would thin that they would be permitted in the Economic Districts as well. 597
598
Michael Harvey continued reviewing abstract. 599
600
Tony Blake: Where would wet labs and things like that fall? 601
602
Michael Harvey: Research. 603
604
Tony Blake: Ok. 605
606
Michael Harvey continued reviewing abstract. 607
608
Michael Harvey: Any questions on manufacturing? 609
610
Randy Marshall: I can’t remember the name of the old furniture place off of Old Greensboro Highway. Hill Country. Is that non-611
compliant? 612
613
Michael Harvey: Hill Country Woodworks is zoned existing commercial 5. I would actually say that it is right now conforming as 614
retail and light manufacturing and it would be allowed in this same construct because it’s not a land use we want to prohibit. 615
616
Tony Blake: They do have a showroom. 617
618
Michael Harvey: Yeah. 619
620
Randy Marshall: I guess I’m still confused. Furniture manufacturing similar processing, that’s exactly what they do, but they’re 621
not in. 622
623
Michael Harvey: No, there’s no checkmark in EC5, only because I took this directly from the Economic Development Design 624
table so we’re going to be adding that to make sure they’re still making form, we’re not looking to make non-conforming uses. 625
626
Randy Marshall: Ok, so another dot would put here. 627
628
Michael Harvey: Yeah, another dot would be put here. And I appreciate you bringing that to my attention but just as a reminder 629
we didn’t want to get overly dot crazy because it’s already confusing as it is. The dots would make it even more interesting. 630
631
Craig Benedict: We haven’t made all the determinations. We’re just trying to get the general categories. 632
633
Michael Harvey: Yeah, because if you all don’t like the categories then I got to go back to the drawing board a little bit. 634
635
Lydia Wegman: Got it. 636
637
Craig Benedict: Yeah, we may put in there SUP A for a certain one to be determined so we’re just trying to get the general 638
categories, incorporate what has been somewhere in our existing code because the commissioners are going to want to know 639
it was there before and it’s not there now or the opposite. For these new categories we’re going to have to populate them with 640
dots. 641
642
Tony Blake: You have watches but not jewelry. Is that? 643
644
Michael Harvey: That’s under miscellaneous manufacturing. 645
16
13
646
Tony Blake: Sorry. 647
648
Michael Harvey: No, no, you’re fine. These are the kind of questions we need because if you can’t see it then… The next is 649
medical uses. Kim, you and Tony both asked this question about health services. Doctor’s office, dentist’s office. This is health 650
services. The reason we kept it separate is because it’s already in that land use category and much of the same way we’re 651
going to handle restaurants it’s going to be based on square footage because that’s the current standard. We don’t want to ge t 652
into a level of minutia with dentists can only go here or there, it’s a medical use. So the definition says here’s the list and it’s 653
going to be based on square footages. So in certain districts we might allow a medical doctors office but it may be no more 654
than 10,000 square feet or 15,000 square feet where in other districts the only limit is the practical development limitations, 655
i.e., setbacks, parking, impervious surface, whatnot. 656
657
Lydia Wegman: So the UDO will say what is permitted? 658
659
Michael Harvey: Yeah. 660
661
Lydia Wegman: In each district? 662
663
Michael Harvey: Yeah, that’s going to be in article 5. 664
665
Tony Blake: So more and more I’m seeing medical facilities combined with the pharmacy and a lab. Is there some? I see a lot 666
of things in here that might be pulled into one facility and so then the dots start to make a difference if one is permitted in one 667
and … 668
669
Michael Harvey: Well the principal use as a pharmacy is an example. And they have a small laboratory. I would consider that 670
a customary accessory use to the pharmacy, whereas you could have, and this goes to this existing land use category. 671
Medical and diagnostic laboratory with or without research facilities, this is something where it’s not a pharmacy, it is a lab, 672
and we don’t want to distinguish between research and non-research. It’s a medical or diagnostic laboratory. We’re going to 673
list that as a permitted use. It could or could not have a research facility. That is that persons call. 674
675
Craig Benedict: What you’re saying is correct, how they’re starting to co-mingle uses. We worked on that office research 676
manufacturing… Because it used to be the warehouse used to be there, the manufacture… Inaudible. 677
678
Lydia Wegman: So Michael, pharmacy is part of health services? 679
680
Michael Harvey: Well pharmacy actually would come under… It could come under health services if it’s like a Walgreens it 681
would come under retail. 682
683
Tony Blake: Right. And so that’s where. 684
685
Lydia Wegman: And what about a compounding pharmacy? 686
687
Michael Harvey: That would come under health services. 688
689
Tony Blake: That’s where it gets a little sticky. 690
691
Lydia Wegman: Right. Because there are places that are just pharmacies. 692
693
Tony Blake: Right. And it’s the same thing with the dentist. Some of them have on-site manufacturing of bridges and crowns, 694
and some don’t, some send it out, and some are stand-alone. 695
696
Randy Marshall: How about the eye doctor? 697
698
Michael Harvey: Same thing. 699
17
14
700
Tony Blake: Same thing, with eyeglasses. 701
702
Randy Marshall: This would seem to indicate that doctors and dentists couldn’t have in home practices. 703
704
Michael Harvey: That’s actually handled as a home occupation, which is allowed elsewhere in the code. So if you’re a dentist, 705
or if you’re a doctor, or you’re an attorney and you want to work out of your home there’s a totally separate independent 706
process you get to go through. 707
708
Randy Marshall: Ok. 709
710
Michael Harvey: So next we have recreational. This goes back to a comment I made earlier about profit/non-profit. We’re 711
eliminating the term public out of parks. Why? Because a park is a park is a park is a park. We shouldn’t really distinguish. 712
713
Kim Piracci: There’s no such thing as private parks? 714
715
Michael Harvey: There is. That’s why we’re eliminating public. It’s a park. I mean, if you develop, like TLC has several private, 716
what I would call, rec parks. They’re a park. There’s no inherent difference between that facility and the one the government 717
did. 718
719
Kim Piracci: In terms on zoning. 720
721
Michael Harvey: Right. 722
723
Tony Blake: Parks have almost become a commodity now. They’re including pocket parks to meet leads, for example. Or 724
some green certification. 725
726
Lydia Wegman: Do parks have to be open to the public? 727
728
Michael Harvey: In this context, under recreational, yes. This is a park that is providing a service. 729
730
Lydia Wegman: So that needs to be clear and definite. 731
732
Michael Harvey: In the definition I think we’re going to handle it as open to the public but the term public here… 733
734
Lydia Wegman: I understand, but just as long as it’s clear and definite… But I do think it needs to be clear that a park is open 735
to the public. 736
737
Michael Harvey: We can add some clarification to the definition. 738
739 Inaudible conversations 740
741
Michael Harvey: So residential is going to be the next land use category. As you recall we amended the ordinance to allow 742
campgrounds. We have to spell out specifically with them without recreational vehicles. Dwellings we kept the same. Family 743
group care we kept the same because that’s defined by State law. Health and personal care facility. This is where we’ve 744
lumped in your assisted care, live in facility, congregate care, nursing home; everything in one fell swoop. We’re just not 100% 745
sure where we’re going to put them yet. There’s a concern from the County’s Attorney’s office we have to list out specifically 746
recreational vehicle. We don’t believe we do, but we want to get something out of their office so we put it in. 747
748
Kim Piracci: What would be an example of that? 749
750
Michael Harvey: Well their concern is if we don’t list it that means anybody could put a recreational vehicle on a parcel of 751
property and live out of it and it’s permitted by right because it’s not listed. And I disagree with that but I’m erring on the side of 752
caution because I’ve got to get this out of the County Attorney’s office. 753
18
15
754
Tony Blake: I can think of places where it’s already occurring. 755
756
Michael Harvey: We’ve also expanded, modified the existing land use category temporary mobile home or residential unit. 757
This is those situations where if you’re building a house you need to live on your property temporarily we’re going to give you 758
an opportunity to use either a mobile home or a RV, but it’s got to go within 90 days. And we have talked about that as part of 759
the amendment to the home park and we were not allowed to do the amendment at that time, so we’re doing it now. 760
761
Tony Blake: So the 30 days has a strike then? 762
763
Michael Harvey: Yeah, we’re taking out 30 days because we had a conflict in the ordinance. This provision said 30 days, the 764
ordinance actually says 90. And if you think about it, you’ve got to have somebody come get a mobile home, you’ve got to 765
move out a mobile home, 30 days is a little unrealistic. So we were trying to give a little more flexibility. 766
767
Tony Blake: Yeah, well there’s nothing that would prevent somebody from driving their RV around the block and putting it 768
back. 769
770
Lydia Wegman: Michael, what’s a personal care facility? 771
772
Michael Harvey: You mean health and personal care facilities? 773
774
Lydia Wegman: I do. 775
776
Michael Harvey: That is an overall term where we’ve lumped in nursing home, assisted living, congregate care all in one 777
central category. 778
779
Lydia Wegman: I’m just saying the term personal care? 780
781
Michael Harvey: We stole that from APA to be honest. I also need to create a distinction between health care as listed under 782
medical uses so we were trying to come with... I needed there to be a distinction. 783
784
Tony Blake: So would health and private care describe that? 785
786
Michael Harvey: Check vernacular. We can do that. 787
788
Michael Harvey continued reviewing abstract. 789
790
Craig Benedict: How about rural special events? 791
792
Michael Harvey: That’s actually under miscellaneous. 793
794
Tony Blake: I know what you’re going to do about the signs though. 795
796
Michael Harvey: Sign ordinance? That’s going to have to be done for February of next year. That’s going to be even worse 797
than this… Utilities. We haven’t played with that a lot yet because I don’t think we have good direction from the elected 798
officials on how they want to handle alternative energy, like wind turbines, so we’ve used the catch all category for now. And 799
we’ll probably come up with some recommendations in the way of text amendment once we get to that. 800
801
Tony Blake: Isn’t this better regulated from… Because it seems like it’s permitted just about everywhere. Isn’t it better 802
regulated through a technical specification? 803
804
Michael Harvey: Well there’s that, there’s also an argument that we’re technically preempted from regulating some of this 805
anyway. 806
807
19
16
Kim Piracci: Really? 808
809
Michael Harvey: Yeah. 810
811
Tony Blake: Because you’re interfering possibly with commerce or interstate commerce. 812
813
Michael Harvey: Or you’re interfering with a power company who’s got a license from the state to provide an essential public 814
service. This came up when we were doing the PSNC gas line. We required them to go through the SUP process. They 815
pitched a fit but did it because they didn’t want to have the argument. But the public hearing was a free for all. And the Board 816
of Adjustment didn’t like that much. 817
818
Randy Marshall: The rights of way falls under this category? 819
820
Michael Harvey: Rights of way, from my stand point, don’t fall under this category because it’s not a utility, it’s a… Right of way 821
is the granting of usage rights. So you could grant a right for drive access, that’s your personal business. The state condemns 822
property under state law and establishes a public right of way for ingress, egress for commands of vehicular traffic. That’s not 823
a regulated land use activity from this ordinance standpoint, but we can’t regulate where DOT puts roads, for an example. 824
825
Randy Marshall: So what you just said was that power line right of way and gas line right of ways are state regulated and 826
not… 827
828
Michael Harvey: That’s what we’re thinking we’re going to get hit with, yes. 829
830
Randy Marshall: Ok. What about a fire tower? 831
832
Michael Harvey: Well depending on who erects it I would call that a government protective service land use. If the County 833
erects it, to me, it’s a government protected service and a training operation that’s a government facility. If a fire department 834
erects it I’d consider it a customary inaudible use. 835
836
Michael Harvey continued reviewing abstract. 837
838
Tony Blake: These landfills would be private landfills? 839
840
Michael Harvey: Yes. The government cannot require or compel itself to get a SUP. 841
842
Michael Harvey continued reviewing abstract. 843
844
Randy Marshall: What about the person that wants to develop a family cemetery on their large property to prevent 845
development? 846
847
Michael Harvey: That could happen to because there are some special standards governing well placement from interred 848
remains. We have a family cemetery in Amherst, Virginia and the farm that it’s on was sold. We actually subdivided 10-acres 849
out of the farm and it’s now in the family trust and that’s where a lot of my relatives are interred, but we then set up some very 850
specific maintenance responsibilities and list out how we can amend this, who gets to do what, so that we know that the 851
graves are protected… Also remember under State law County commissioners ultimately have responsibilities for cemeteries, 852
in most circumstances, unless they’re municipally owned, developed, maintained. So technically if you find a grave, private 853
cemetery of 10, 15, gravesites under the Graves Act County Commissioners have some ultimate responsibility to deal with 854
that. 855
856
Lydia Wegman closed the meeting. 857
858
859
860
___________________________________ 861
20
17
Lydia Wegman, Chair 862
21
1
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 MAY 3, 2017 3
REGULAR MEETING 4 5
6 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Tony Blake (Vice-7
Chair), Bingham Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Buddy Hartley, Little 8
River Township Representative; Kim Piracci, At-Large; Randy Marshall, At-Large; Alexander Gregory, Chapel Hill 9
Township Representative; David Blankfard, Hillsborough Township Representative; 10 11 Members Absent: Laura Nicholson, Eno Township Representative; Patricia Roberts, Cheeks Township 12
Representative; Paul Guthrie, At-Large Chapel Hill Township; Donna Coffey, Cedar Grove Township Representative; 13
14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 15
Administrative Assistant II 16
17
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 18 19
Lydia Wegman called the meeting to order. 20
21 AGENDA ITEM 2: INFORMATIONAL ITEMS 22
a) Planning Calendar for January and February 23
24
AGENDA ITEM 4: APPROVAL OF MINUTES 25
February 1, 2017 Meeting Minutes 26
February 1, 2017 ORC Notes 27 28 MOTION by Lydia Wegman to approve the February 1, 2017 Planning Board minutes and ORC Notes. 29
VOTE: UNANIMOUS 30
31 32 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA 33 34
No additions to Agenda 35 36 AGENDA ITEM 5: PUBLIC CHARGE 37 38 Introduction to the Public Charge 39
The Board of County Commissioners, under the authority of North Carolina General Statute, 40
appoints the Orange County Planning Board (OCPB) to uphold the written land development 41
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 42
harmonious development. OCPB shall do so in a manner, which considers the present and 43
future needs of its citizens and businesses through efficient and responsive process that 44
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 45
will make every effort to uphold a vision of responsive governance and quality public services 46
during our deliberations, decisions, and recommendations. 47
48
49 PUBLIC CHARGE 50
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 51
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 52
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 53
public charge, the Chair will ask the offending member to leave the meeting until that individual 54
22
2
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 55
until such time that a genuine commitment to this public charge is observed. 56
57
58 AGENDA ITEM 6: CHAIR COMMENTS 59
60
No comments 61
62 AGENDA ITEM 8: COMMITTEE/ADVISORY BOARD REPORTS 63 a) BOARD OF ADJUSTMENT 64 b) ORANGE UNIFIED TRANSPORTATION 65 66
67 AGENDA ITEM 10: ADJOURNMENT 68 69
Planning Board meeting was adjourned by consensus. 70
71
72
____________________________________
Lydia Wegman, Chair
23
1
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 5, 2017 3 ORDINANCE REVIEW COMMITTEE 4
5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7 MEMBERS PRESENT: Tony Blake (Vice-Chair), Bingham Township Representative; Buddy Hartley, Little River Township 8
Representative; Kim Piracci, At-Large; Randy Marshall, At-Large; David Blankfard, Hillsborough Township Representative; 9
Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill Township; 10 11 Members Absent: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Laura Nicholson, Eno Township 12
Representative; Donna Coffey, Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 13
Alexander Gregory, Chapel Hill Township Representative; 14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, Planner II; 16
Meredith Kern, Administrative Assistant II. 17
18 OTHERS PRESENT: Rachel McCook, Minutes Preparer 19
20
21
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23
Tony Blake called meeting to order. 24 25 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - SUBDIVISIONS - To review government-26
initiated amendments to the text of the UDO that makes corrections to the amendments adopted on 27
January 24, 2017 regarding subdivisions. 28 Presenter: Patrick Mallett, Planner II 29 30
Patrick Mallett reviewed the abstract. He said that the UDO subdivision flexible development text change is the item that we 31
spent the majority of last year working on. The synopsis of where we are is that there were over 90 pages of changes out of 32
the UDO, a substantial effort. The document was edited, at a minimum, 14 times. During the Board of County Commissioner’s 33
(BOCC) Quarterly Public Hearing in November 2016, Commissioners Price and Jacobs had specific parts they wanted to add 34
into the text change. Planning Staff accommodated this request. The BOCC voted and approved the text change on January 35
2017 and it became part of the Ordinance. Unfortunately, there were different versions in the mix, and the version that was 36
approved by the BOCC was slightly different than the version the Planning Board saw. So, the ORC is reviewing this item 37
tonight with Planning Staff in an effort to resolve and clarify any inconsistencies with the two versions regarding references 38
(i.e. “UDO Section” vs. “Section”), terminology, grammar, syntax, and the way the item is presented. Mr. Mallett gave an 39
apology for the time and effort to re-review this, but stressed that it is important. The Planning Board will see this item next 40
month. In the meantime, Planning Staff will sit down with the County Attorney’s office to ensure this version has legal 41
sufficiency. Most of these changes are regarding references or a change that directly tracks to a comment that the County 42
Attorney made at the end of the review process that did not get included the January version. While most of the changes are 43
syntax and grammatical, there is one change to point out specifically: Section 3 on page 3-2 of the UDO, the Rural Buffer 44
Section. As previously written, in a subdivision within this zoning district, you would have one option: the minimum lot size was 45
87,120 square feet. In the proposed Flexible Development Option, this was broken out into one acre (43,560 square feet). 46
Unfortunately, the version of the UDO that now exists lists minimum lot size within this zoning district as 40,000 square feet 47
(sq. ft.). This is an issue because there are numerous Joint Planning documents and numerous references throughout Section 48
7 and elsewhere in the UDO that are very specific; the minimum lot size has to be an acre, 43,560 sq. ft. We need to make 49
this change. Mr. Mallett concluded his presentation and offered to review other pages with the Committee or answer any 50
questions, or if they think of something after the meeting, he asked that they email him. The goal is to make this version 51
consistent and whole, to deal with all the omissions, clarifications, and get it back as close to the version that existed at the 52
November Quarterly Public Hearing, with the addition of the aforementioned comments by Commissioners Price and Jacobs. 53
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Tony Blake asked for confirmation that the Village Option and the Flexible Development Option - the clustering - is not the 54
same thing. 55
56
Patrick Mallett answered that they are not the same thing. 57
58
Tony Blake said that the two sections, in application to the Rural Buffer area, are confusing. 59
60
Patrick Mallett replied that Staff did not address the Village Option, but rather the focused on the text change, mostly in take 61
Sections 7.12 and 7.13 of the UDO and combined them into something called Flexible Development, in order to give two 62
minor subdivision options that encourage open space. He said that you could either do a traditional, Plain Jane subdivision 63
with large lots, or you could cluster them down to have smaller lot sizes with proportional amounts open space. A Village 64
Option has some of those elements, but the two options are like an apple and an orange. 65
66
Tony Blake said that he understood the difference between the two options. 67
68
Michael Harvey gave a brief background of the Village Option. He explained that the Village Option is a classification of 69
Flexible Development. This classification allows for a multitude of housing development options from single to duplex to multi-70
family. The Flexible Development option also can allow for non-residential activity, as part of the project, to be developed. The 71
Ordinance provides very specific examples of what those non-residential land uses are as part of this whole process. Mr. 72
Harvey said that it was his considered opinion that the reason that the Village Option is expressly prohibited from the Rural 73
Buffer is because the development, as currently is allowed, is inconsistent with the Joint Planning Land Use Plan and 74
Agreement because the proposed uses do not fit in with the Rural Buffer Zoning District concept as embodied within that Joint 75
Land Use Plan and Agreement. So, it was easier to recommend prohibition than to tailor. Further, there are specific 76
requirements in the Joint Land Use Plan and Agreement, which dates back to the late ‘80s. The Joint Land Use Plan and 77
Agreement is an agreement between Chapel Hill, Orange County, and Carrboro for the physical development of the General 78
Zoning land use category known as the Rural Buffer, which surrounds Chapel Hill and Carrboro. The Agreement specifies 79
acreage minimum for lots; two acre minimum lot size that can only be clustered down to one acre. The Village Option allows 80
for the further clustering as an entity and as such, would violate the Joint Planning Land Use Plan. This is why the prohibition 81
has existed for as many years as it has. As a general note, Mr. Harvey reminded the Committe that Planning Staff was 82
authorized to create what can best be described as a Rural Master Plan District. Some may be familiar with the Master Plan 83
District we have in urban areas, Hart’s Mill as the prime example. A developer can come to the County to petition for the 84
development of a site-specific project imposing conditions, land uses, and whatnot, and the BOCC has latitude as embodied in 85
the UDO, to work with that developer to permit the project, but also to impose reasonable conditions designed to enforce 86
provisions of the UDO. Planning Staff were coming up with a Rural Master Plan Concept and it was suggested by two BOCC 87
members that Staff look at the Village as the model. Mr. Harvey thinks that within the next calendar year, Staff will be looking 88
at an Ordinance amendment to come before ORC and Planning Board for recommendation that will take the Village concept 89
as it currently exists and make it a Rural Master Plan project. Subsequently, this would have to be reviewed with the BOCC to 90
get authorization as part of the standard operating procedure, but the last time this came-up, there was a recommendation of 91
some BOCC members to create Rural Master Plan District, and Planning Staff supports that. The possible benefit, from 92
Planning Staff’s standpoint, is to help accentuate development in certain nodes within the County where we want a more 93
centralized non-residential option for development alongside residential. 94
95
Randy Marshall asked for a clarification on the example of the Rural Master Plan District Michael Harvey provided. 96
97
Michael Harvey answered that the example he gave is a Master Plan called Hart’s Mill. Hart’s Mill is a single family residential 98
development off of Frazier Road on a110+ acre parcel where they proposed 36 individual residences on lots ranging from 99
15,000 – 25,000 square feet with one dwelling unit every three to four acres, with 80 acres of protected open space (inclusive 100
of several acres of flood zone), some of which was intended to be used as farmland. It is an intentional community where the 101
developer wanted to establish “small homes” all geared towards farm activities. If you purchase one of these lots, part of the 102
requirement is to be involved in the farm. 103
104
Randy Marshall asked if Hart’s Mill has a community septic system. 105
106
Michael Harvey replied that yes, they do. 107
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108
Tony Blake added that he thought there is a septic or water line running by the community. 109
Michael Harvey confirmed that there is a water line, and they are hooked-up to this line, but there is no sewer line that goes all 110
the way to the community. 111
112
Randy Marshall noted that in the Rural Buffer, water and sewer are prohibited. 113
114
Michael Harvey agreed with this statement. He also noted that Hart’s Mill off of Frazier Road in the Cheeks Township, not 115
within the Rural Buffer. Michael clarified that the parcel of property was once zoned Rural Residential (R-1) but is now zoned 116
Master Planning Zoning District (MPZD). Michael turned the floor back over to Patrick Mallett. 117
118
Patrick Mallett responded that he was finished with his presentation. 119
120
Tony Blake asked for confirmation that Planning Staff’s concept of clustering would still include a shared septic area and could 121
exist in the Rural Buffer. 122
123
Patrick Mallett clarified that the concept of a shared area for septic, as long as they are individual septic systems, is still in the 124
UDO as a viable option and can exist in the Rural Buffer. 125
126
Michael Harvey added further clarification that within the Rural Buffer, the minimum lot size would be 1 acre. 127
128
Patrick Mallett went on to say that the acre is definitive, and that perhaps that an acre lot size may not be the best model for 129
clustering, but the other residential zoning districts included amendment allow for clustering to go down to as little as 130
10,000 sq. ft. per lot size. In Rural Buffer, because of the Joint Planning Agreement, minimum lot sizes can be no smaller than 131
43,560 square feet (1 acre). 132
133
Tony Blake agreed with the perimeters of the clustering options laid out in the amendment. 134
135
Patrick Mallett concluded that since this is an ORC item, no action needs to be taken tonight, but that he wanted to give the 136
Committee time to think about it and raise any questions before it comes back to the Planning Board next month. 137
138
Tony Blake asked if there has been any movement on non-traditional septic systems in rural activity nodes. Has there been 139
any further discussion? 140
141
Patrick Mallett responded that there had not been any significant movement on this topic. 142
143
Michael Harvey added that there have been recent changes to state law as it relates to what the Environmental Health 144
Department (referred to hereafter as Health Department) can and cannot approve, and the practical answer to the question is 145
that it is in the hands of the Orange County Health Department. Planning Staff is in a reactionary mode to review septic 146
systems as a part of the development plan. 147
148
Tony Blake acknowledged the point, and noted that the Fiesta Grill is still restricted by the Health Department with the number 149
of tables they can have. He thinks that the business could be more robust if they could solve the septic problem. 150
151 AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – REORGANIZATION OF TABLES OF 152 PERMITTED USES 153
To continue review and discuss proposed amendments to the UDO that would reorganize the Tables of 154
Permitted Uses in response to the Byrd v. Franklin County judicial decision. 155 Presenter: Michael Harvey, Current Planning Supervisor 156
157
Michael Harvey reviewed the abstract. He reported that the Table of Permitted Uses and corresponding text amendments 158
have just been revised for the ninth time and that Staff has made significant progress. James Bryan, County Attorney’s Office, 159
has provided Planning Staff with comments, the majority of which are easily addressable. Michael reminded members of the 160
Committee that Planning Staff is collapsing all three tables into one Table of Permitted Uses, which is a commonsense move 161
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from when the Table was created in 2011. Additionally, in previous discussions, the problem of calling a category such as 162
Retail by three different names in three different tables could expose the County to a lawsuit. The aim is to fix this problem 163
overall. Michael pointed to the first land use category to be reviewed in the Table of Permitted Uses: Agricultural Use (see 164
exclamation point symbol next to the category in the Table of Permitted Uses in ORC meeting materials). The proposed 165
change is a nomenclature change to identify or provide addition identification for land uses that have to abide by specific land 166
use criteria. Article 5 in the UDO has buffers, setbacks and other requirements and limitations, so Planning Staff is coming up 167
with a methodology that helps readers understand that there is further reading they have to do. The County Attorney’s Office 168
has not provided comments on that point, but they have asked Planning Staff to review the use of special symbology and 169
recommended that it be collapsed. Even though Staff may be using a different symbol than an exclamation point, there is 170
going to be a symbol in the Table of Permitted Uses to identify those categories that have special regulatory standards 171
associated with their development. The next area to review is definitions for land use categories. See the 172
Automotive/Transportation category. Planning Staff was identifying uses that were not specifically listed that could be allowed 173
in certain districts with a Special Use Permit (i.e. Automotive/Transportation Uses Not Listed Herein !). The County Attorney’s 174
most recent opinion on this category is that it will not withstand legal challenge, even with appropriate standards, and has 175
asked that it be deleted. So, there will no longer be a “catchall” category for any land use category. Planning Staff is working 176
with the County Attorney to ensure definitions pass legal sufficiency muster and capture activities that are encouraged in 177
association with the category. 178
179
Paul Guthrie remarked that Planning Staff is essentially creating a defacto “other” category. 180
181
Michael Harvey responded that based on James Bryan’s opinion as of a week ago, they are prohibited from having an “other” 182
or “catchall” category. 183
184
Tony Blake asked if that premise applies to all the land use categories. 185
186
Michael Harvey confirmed that yes; this applies to all land use categories. He then moved on to address the Adult, Child Care 187
and Educational categories. Michael reported that James Bryan, County Attorney, expressed concern that Adult Daycare 188
Home was too similar to Family or Group Care Homes, but after reviewing definitions and state licensing requirements, Mr. 189
Bryan determined his concern was not founded. Thus, the Adult Daycare Home category will remain. Much like a daycare for 190
children, the Adult Daycare Home land use category is designed to provide an opportunity for adults, elderly folks and others 191
to engage in social activities in somebody’s home. 192
193
Tony Blake asked if an Adult Daycare Home is similar to the program Visiting Angels? 194
195
Michael Harvey responded that the programming is similar, but it is not from the standpoint that the person bringing meals to 196
someone’s house is not being regulated, as it is not a land use activity. Using Tony Blake as an example, Michael said that 197
Tony delivering a meal to someone’s house or volunteering to spend some time in someone’s home is not, in his opinion, a 198
regulated activity. Tony would have a private agreement with the person living in the house or the organization. 199
200
Tony Blake asked if that the distinguishing point in this scenario is having a place of business or physical location for the 201
business. This question was followed-up with a question on mobile veterinary clinics. How is a mobile veterinary clinic 202
regulated? Why are mobile veterinary clinics not allowed in the Rural Buffer? 203
204
Michael Harvey responded that a mobile veterinary clinic is not allowed in the Rural Buffer from a staging standpoint. A 205
mobile veterinary clinic could come to someone’s house within the Rural Buffer to provide a service, but the mobile veterinary 206
clinic could not open the business and stage the business in the Rural Buffer. A property owner in the Rural Buffer cannot 207
engage cannot stage the business on his/her property. 208
209
Michael Harvey continued the presentation. The land use category Non Profit Educational Cooperative is being eliminated due 210
to its ambiguous definition. Planning Staff suspects that this category was originally created to provide opportunities for people 211
to have administrative offices providing multiple services and services to schools. However, this type of office is already 212
captured in the “Professional Office” category, so there is no need for this specific category. Furthermore, in regards to land 213
use, the County Attorney’s Office does not see a significant difference between a non-profit or for-profit status of the 214
organization. Regardless of that non-profit or for-profit, the impact will be the same. In review of the land use category of 215
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Schools, Planning Staff has had a request to review the term “preparatory.” Is there a better term? Staff is working on this, but 216
elementary, middle and secondary are being combined into this centralized category. 217
218
Paul Guthrie asked how Planning Staff is defining preparatory. 219
220
Michael Harvey referenced and read aloud Attachment 3. 221
222
David Blankfard asked if preparatory schools included boarding schools. 223
224
Michael Harvey responded that boarding schools would also fall into this category, as long as the school is providing 225
education-based on a curriculum designed to satisfy the state of North Carolina’s Department of Education requirements. 226
227
Tony Blake asked if The Grange or a 4-H club or something similar would fit into the previously discussed category, Non Profit 228
Educational Cooperative. 229
230
Michael Harvey said no. Those types of clubs would be categorized as a lodge, club or social, fraternal, or other organization, 231
or even a camp. 232
233
Tony Blake noted that the primary goal of those clubs is education. 234
235
Paul Guthrie asked about how a home-based individual or organization that does counseling and training for kids in the 236
summer would be categorized. 237
238
Michael Harvey said that from his standpoint, this person would likely need a Home Occupation Permit. 239
240
Paul Guthrie followed-up by asking that if someone was engaging in online classes but also had a tutor or educator come to 241
her or his home, would these activities fall under a Home Occupation Permit? He also expressed some concern about the 242
grouping of all educational activities together without considering licensing requirements and other such qualifications that 243
someone might need, inclusive of graduate students who provide home-based tutoring. 244
245
Michael Harvey replied that he thought it was best that he and Paul meet together to discuss the category of Schools: 246
Preparatory in greater detail. He also provided clarification that tutoring services are covered in other land use categories, like 247
Schools: Technical, Trade, and Skill Training. There is another category detailing services that includes tutoring as well. 248
Michael concluded that he would put together an email on where tutoring is captured in Table of Permitted Uses and would 249
review the information with Paul and present it to the group to ensure the matter is addressed to the Board’s satisfaction. 250
251
Tony Blake asked if there was a new school being built off of Mount Carmel Church Road. 252
253
Michael Harvey explained this new building houses a daycare and that it is located within Chapel Hill’s jurisdiction. He 254
continued his presentation, noting that another big change Planning Staff is recommending is in regards to how schools are 255
permitted. Currently, schools are permitted with a Class A Special Use Permit, yet universities, colleges and institutes are 256
permitted by right in residential districts. Planning Staff does not understand the distinction. 257
258
Tony Blake noted that the distinction may have been made for government institutions. 259
260
Michael Harvey said that James Bryan, County Attorney, and Planning agree that since they are all educational institutions, 261
there is inherently no difference. The Emerson Waldorf School, as an example, has a Class A Special Use Permit. Using this 262
logic, there is no reason not to compel a university, college or institute to get a Special Use Permit and Planning Staff has 263
some standards they have compiled to do so. A concern that has come is about Duke Forest. Planning Staff believes that 264
Duke Forest is considered a research facility and institute. Staff has included new language in the Table of Permitted Uses 265
and revised Article 5 to give Duke University’s Duke Forest legitimacy as an institute under this construct. Duke Forest is a 266
teaching area, a research area and an open space preservation area. Planning Staff wants to encourage and promote that. 267
Mr. Harvey continued his presentation, moving on to Construction in the Table of Permitted Uses. He said that Staff went to a 268
level of detail here to address concerns, but upon review, the County Attorney is now suggesting that instead of having the 269
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details in the Table, it is better to have Construction Offices as a category, and then spell-out storage in the actual Article 5 270
provisions and district standards. So, what is listed in the Table, as the Committee sees it, will be moved to Article 5. The next 271
category for review is Extractive Uses, a topic of much discussion over the years. Michael defined Extractive Uses as taking 272
anything out of the ground, mining anything out of the ground, including gas, rock, ore, whatever. Planning is likely pre-empted 273
from state law from engaging in a lot of regulatory detail with this. It is Mr. Harvey’s considered opinion that after proposing 274
this organizational layout where we listed “no on-site processing,” (not permitted) and “on-site processing” that a better way to 275
lay this out will be for Extracted Uses to be the category, and then Article 5 will state a prohibition of on-site processing, which 276
is what we currently have and will leave as is. 277
278
Tony Blake noticed that under the category of Construction, grading, earth-moving and the like are not included. 279
280
Michael Harvey responded that while those activities are not specifically listed – 281
282
Paul Guthrie asked about Chapel Hill Gravel and Cape Granite gravel pits. 283
284
Michael Harvey asked if he meant American Stone off of Highway 54 kind-of-example. 285
286
Paul Guthrie responded that no, he was thinking about the one off of Damascus Church Road (Merritt’s Gravel Pit, Inc). 287
288
Michael Harvey replied that that is in Carrboro’s zoning jurisdiction, but that it is a good example for this discussion. The best 289
example of what has been permitted in the County is American Stone off of Highway 54, which is allowed to do incidental 290
processing (i.e. the breaking up of rock into smaller rock). The Ordinance does not allow for - and what we want to avoid is - 291
putting in an asphalt plant to take the rock and mix it with chemicals to turn it into asphalt. If you are allowed to get gas, the 292
only option is converting it or using it for some other purpose on-site, other than the gas being mined and then being directly 293
removed. 294
295
Paul Guthrie said that this aspect is also regulated in effect, because when the pits are empty, they could become a water 296
supply. He said that we do not want contamination while they are doing their stone work. 297
298
Michael Harvey agreed that the goal is that there is no contamination. He pointed to the quarry off of NC Highway 57 which 299
has been there many, many years. He recalled that there was a movement when he first started with the County in 2005 to 300
develop an asphalt plant at the facility. Planning Staff wrote a very long, in-depth letter to not only the applicant but also to the 301
state to say that the Ordinance did not allow for this activity. 302
303
Tony Blake asked if the County was sued after this letter was sent. 304
305
Michael Harvey responded that no, they were anticipating that they may get sued, but the project never materialized. He 306
thinks that the ultimate goal in this category is to be consistent with the overall purpose and intent of the existing regulation. 307
He acknowledged that there will still be extraction of earth products, but the first condition under Article 5 is going to be no on-308
site processing, with appropriate language to address Paul’s observation that Planning is not trying to prohibit incidental 309
manufacturing of mined product. However, this incidental product will not be allowed to be further processed it into asphalt or 310
another product. Mr. Harvey continued his presentation and discussed the category of Financial Institutions. He said that the 311
following question came-up: Are we really going to prohibit pawn shops, currency exchange, and payday loan? Planning Staff 312
is recommending that these land uses be prohibited. He reminded the Committee that per recent court decision, Planning 313
Staff is obligated to list uses that are prohibited. If a land use category is not listed or somehow not captured within the land 314
use category as Staff defines them, it is viewed and deemed to be permitted by law. 315
316
Paul Guthrie asked about currency exchange. What is Staff’s definition? 317
318
Michael Harvey defined currency exchange as the conversion of cash by a place that is not a bank. 319
320
Paul Guthrie noted that there are several of these places in Orange County, most of which are in city jurisdictions. He said 321
there is a place off of Mount Carmel Church Road, a little old gas station that is now a store. It also advertises the sending of 322
money to various places. He asked if this place of business is what Mr. Harvey was referring. 323
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324
Michael Harvey replied that no, the current exchange refers to the changing of money from one currency to another (e.g. I 325
bring you 100 pounds of English money and you change it to $100 of American money). Someone wiring money through 326
Western Union is not currency exchange. That is a wire service. 327
328
Paul Guthrie asked if it would be different if the exchange was for reverse currency. 329
330
Michael Harvey responded with the example that if he wired Paul Guthrie money and it goes through Western Union and the 331
money then comes to Tienda Market off of Mount Carmel Church Road, zoned EC-5 (Existing Commercial), then all the 332
business is doing is giving you the cash that was wired to them, completing a wire service. Mr. Harvey continued with the 333
presentation. He said that the land uses of Credit Agencies and Institutions are broken-out. Planning Staff may collapse these 334
categories since they can be defined within Professional Office, versus having 15 uses. It is probably easier to have in the 335
definitional framework than try to come-up with a listing for every possible professional office. 336
337
Tony Blake asked why ATMs are so restricted. He made the point that the public may want an ATM at any place where a bank 338
could be located, even a standalone ATM at a convenience store or other place. 339
340
Michael Harvey answered that while he does not think that the category is too restrictive, he does realize that currently, 341
standalone ATMs are only allowed in a few districts. He made the point that when you start looking at the other uses allowed 342
in those districts, it is a question of ensuring that Planning Staff is also consistent with the land use categories as defined 343
within the UDO and the Comprehensive Plan. He reflected that it sounded like Staff should review where standalone ATMs 344
should be located again, which Staff will do during the next review. Staff may consider treating standalone ATMs as an 345
accessory use to a retail operation as a prevision of retail. One of the reasons Staff is providing a difference between banks 346
with and without ATMs is so that there are existing regulations in UDO that deal with prohibition of drive thru lanes, which can 347
affect the impact of ATMs. Staff was trying to ensure that if a bank was moving into an area where drive thrus are prohibited 348
that the bank was not excluding, especially since drive thrus are just one facet of the bank. This was a compromise for a bank 349
to have reasonable use that may be located in the Hillsborough Economic Development District, for example, wherein drive 350
thrus are prohibited. 351
352
Kim Piracci asked why there cannot be pawn shops or currency exchange or payday loan establishments? 353
354
Michael Harvey answered that from his standpoint and from the standpoint of a couple of County Commissioners, payday loan 355
businesses can be viewed as predatory lending agencies, and that they, along with pawn shops, are not acceptable in Orange 356
County. He believes that we can encourage other land uses that are more productive. 357
358
Kim Piracci asked if there was a certain judgment going on with pawn shops, payday loans and currency exchanging. 359
360
Michael Harvey replied in the affirmative. 361
362
Paul Guthrie asked about currency exchange being allowed in a bona fide bank, not as a separate use. 363
364
Michael Harvey answered that currency exchange is part of a bank and part of the bank’s operation. The change in the Table 365
limits currency exchange or a pawn shop as a standalone use. 366
367
Randy Marshall reviewed the Table of Permitted Uses to confirm that there is no zoning district where these aforementioned 368
uses are permitted. 369
370
Michael Harvey responded that the land use has to be listed even though it is prohibited in all zoning districts. 371
372
Paul Guthrie asked if the County Attorney believes that pawn shops can be barred in this manner. 373
374
Michael Harvey replied that yes, and the Table is now in its third iteration of review, so there has been time to mull over this 375
matter. 376
377
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Committee members talked amongst themselves. 378
379
Michael Harvey continued the presentation. The next category for review is Government Services. Planning Staff aims to 380
simplify the uses in the Definitions section (e.g. Government Facilities and Other Buildings (i.e. Administrative, Health 381
Education, etc.), will be listed out in Definitions). 382
383
Tony Blake asked that if the Table of Permitted Uses is a blacklist, why not just eliminate these uses. 384
385
Michael Harvey answered that currently, Government Facilities and Office Buildings are permitted everywhere along with 386
Government Protective Services. There may be some districts wherein the County Commissioners want to discourage these 387
uses. For example, Government Facilities and Office Buildings are not allowed in Existing Commercial, Existing Industrial, 388
Agricultural Services, and certain Economic Development Districts. 389
390
Kim Piracci asked for clarification that these said government facilities only includes county facilities. 391
392
Michael Harvey answered that the Table may not be able to refer to county government only as the reference may be 393
inconsistent with the law. This is being reviewed with the County Attorney. 394
395
Kim Piracci raised the example of a mini police station in University Mall, a County entity within a non-government facility. 396
397
Michael said that the County would not discourage the Sheriff’s office from having a County Sheriff’s substation somewhere. 398
399
Kim Piracci asked if there used to be a DMV in the same area. 400
401
Michael Harvey confirmed this and added that DMVs are private contractors that get a licensing agreement with the state to 402
run the office. They are independently owned. 403
404
Kim Piracci said that DMVs are still a state office with no County jurisdiction. 405
406
Michael Harvey acknowledged this point and said that yes, unfortunately state entities are limited - 407
408
Tony Blake asked if as state contractors they are limited. 409
410
Michael Harvey answered that it does not matter if DMV services are independently provided by a contractor or not; they are 411
an operative with the state of North Carolina until their license is revoked. 412
413
Tony Blake said that he was asking this question from a firefighter’s perspective because they are governed under state 414
statutes, not County statute, although their budget is approved by the BOCC. 415
416
Randy Marshall asked for confirmation that there are correctional and detention centers in Orange County but that they are 417
located in municipalities. 418
419
Michael Harvey confirmed this. There is the jail at the county courthouse and there is the detention center on Highway 86 near 420
the State Employees Credit Union. He believes that the County Attorney’s Office may say that this categorization may not 421
work. They may argue that if you say detention center, you have to allow it in certain sections of the UDO, and you may not 422
have a choice as the state can put a center in no matter what, per eminent domain. Mr. Harvey continued with his 423
presentation. The next category to be discussed is Manufacturing, Assembly, and Processing. The takeaway from this 424
category is that the County Attorney’s office would prefer that we collapse these uses and use definitions for details. The 425
Planning Director and Economic Development Director have identified a need for specificity; as you are marketing property to 426
support development, companies like to see the use specifically listed so that they have some assurance that a land use is 427
permitted. Michael said that he is going to have to figure out a way to make this work, and as Planning Staff makes decisions, 428
they will keep the Committee up to speed on any modifications. 429
430
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Craig Benedict spoke about this dynamic. He said that listing “like manufacturing” within categories is too broad. Different 431
businesses have asked for more specificity. He said that Planning Staff is trying to find a balance between listing everything 432
and being too vague. For example, we had three different levels of retail, but they were not listed or defined. 433
434
Michael Harvey replied that the retail and certain office land uses were based on the anticipated daily number of traffic trips 435
generated by a proposed use from low intensity (0 to 210 trips) to medium (over 200 trips-400 trips) to high intensity (over 400 436
trips). The County Attorney and Planning Staff were concerned that an individual will not know the daily traffic impact. An 437
individual going through an arduous development design process will have to identify what the traffic impact and will then have 438
to determine if the use is permitted. It is better to say retail will work outright and then come-up with square footage limitations 439
to provide specificity. In Neighborhood Commercial and Local Commercial zoning districts, low intensity non-residential 440
districts, it will be possible to do retail development up to 12,000 square feet, which would equate to a low traffic volume while 441
allowing for retail of reasonable size to serve the needs of the community. The idea is to accomplish the same result that a 442
traffic study could do with square footage limitations. This seems to be more reasonable than an individual having to hire an 443
engineer to spend thousands of dollars on a traffic study to determine that they may not even be able to be in that location. 444
This was the County Attorney’s original concern, and Planning Staff seems to have addressed it. 445
446
Randy Marshall provided the example of Southern States as a business that may sell a pesticide but does not manufacture it. 447
448
Michael Harvey responded that there is whole sale trade in retail. If the question is if Southern States could combine two 449
products to sell, there is a provision in Manufacturing that may allow for that. However, the primary business of Southern 450
States is retail and the square footage limitation will limit some of the intensity of the activity. 451
452
Randy Marshall referred to a custodial supply company on Highway 54 that made cleaning products. 453
454
Michael Harvey said that there are land use categories that allow for that type of manufacturing but not in the Neighborhood 455
and Local Commercial zoning districts that are established on Highway 54. Instead, this type of manufacturing will be in 456
Economic Development Districts where the idea is to encourage and promote higher intensity land uses like manufacturing 457
where there are typically the services there to satisfy their needs. 458
459
Randy Marshall said that manufacturing of cleaning compounds is not listed in the Table of Permitted Uses. Would the 460
business to which he was referring be non-compliant? 461
462
Michael Harvey responded that not all uses are noted in the Table and that there are some businesses that are non-compliant. 463
He thanked Mr. Marshall for his bringing this category to his attention. He will look into it. 464
465
David Blankfard asked about pharmaceutical manufacturing in greenhouses or grow-houses. Is this a permitted use under 466
Manufacturing? 467
468
Michael Harvey answered that this example sounded like a permitted use under Agricultural Uses - Greenhouses with On-469
Premise Sales. 470
471
David Blankfard said that he was thinking of the company Medicago which is growing tobacco plants to make vaccines and do 472
research. 473
474
Michael Harvey said that this type of activity is captured within Manufacturing under Pharmaceutical and Medicine 475
Manufacturing. Mr. Harvey continued his presentation. The next category is Medical Uses. Health Services includes doctor’s 476
offices or specialists. These offices are allowed in numerous locations; the qualifier is that they are limited by square footage, 477
now detailed in Article 5. Staff added the category Medical and Diagnostic Laboratories which may have to be broadened 478
since Medical Uses – Uses Not Listed Herein is being eliminated. Mental Health and Substance Abuse Centers were also 479
added. Next, in the land use category of Recreation, the main addition is Theaters. Theaters can be both indoor and outdoor, 480
and Staff has proposed standards in Article 5 spelling out where indoor and outdoor theaters can be located and able to show 481
a motion picture and performance, the activity being the same. In review of the category Residential, Planning Staff has added 482
Health and Personal Care Facilities per a February discussion with the Boards. These facilities, by definition, are designed to 483
capture assisted living, nursing homes, and institutionalized housing for people who need it. They essential have the same 484
32
10
impact and all provide essentially the same service. Staff does not want to distinguish between an assisted and a Medicare 485
facility as they are both providing a necessary service. In response to this, a County Commissioner has asked if Planning is 486
trying to encourage this type of service in rural areas of the County. Mr. Harvey’s recommendation is no; it needs to be 487
encouraged in areas of the County that have the facilities to support it, specifically water and sewer services. It can be 488
problematic to have a Carolina Meadows-style facility in a rural area where there are no facilities (Carolina Meadows has its 489
own water and sewer) and where there may not be water and sewer for a very long time, especially in consideration of areas 490
in the Rural Buffer. 491
492
Kim Piracci asked about recreation activities such as live music, which she noticed is not specifically listed. She worried that if 493
something like live music is not listed, it is prohibited. 494
495
Michael Harvey answered that live music is detailed in the Article 5 and that he will email her the provisions. Regulatory 496
standards deal with hours of operation, setbacks and other standards. The Sheriff’s Office deals with noise complaints. 497
498
Randy Marshall asked if Recreational Uses Not Listed Herein is a catchall. 499
500
Michael Harvey answered that the land use will be going away. In response to general comments from Committee members 501
on various recreational activities like rollerblading, motorcross, race track and such, Mr. Harvey responded that with the global 502
category Recreational Facilities spells out a myriad of activities. If someone straps on a pair of rollerblades and skates in a 503
park, this is not a regulated activity, whereas proposing to build a skating rink is a regulated activity. The Recreational Facility 504
is the ultimate catchall and it was recently revised two years ago. 505
506
Paul Guthrie brought-up the example of the cricket field off of Old Greensboro Road on someone’s property, holding games 507
on the weekend. 508
509
Michael Harvey said that the issue that the neighbors of the cricket field are upset about is in regards to waste and bathroom 510
facilities - how is that being addressed during cricket games? Planning Staff is aware that there is a league that is advertising 511
the field for games on the property and is taking money from players that are joining the league’s membership. This is a 512
pending enforcement matter. He went on to say that the goal of the County is not to say that you cannot hold a pick-up 513
basketball game, a cricket game, or the like on your property, but when there is more of an organization component to the 514
activity, it has ancillary impacts, and people may need to go through a process. People coming over to play poker or pool at 515
someone’s house does not make the house a pool hall. There is a limit to which regulation should play. Mr. Harvey continued 516
his presentation. The next topic of discussion is Services and he read aloud the categories within. He highlighted the addition 517
of Religious Facility. This category is meant to be a catchall for all places of worship. Currently, “church” is the only category 518
defined, and over the years, members of the public and applicants have raised issue with not fitting into this category. What 519
about a synagogue or a mosque or an ashram? This is new category is an attempt to convey that the County does not 520
discriminate against religious facilities. Mr. Harvey focused next on Telecommunications. While this category has existing 521
language, there will be a wholesale modification of these standards next year. The next category of discussion was Temporary 522
Uses. He said that there has been some debate on the need for this category based on questions around legal sufficiency. 523
Planning Staff has been working with the County Attorney to address these questions. 524
525
David Blankfard asked about what constitutes “temporary.” 526
527
Michael Harvey answered that “temporary” is defined by standards in the UDO and in the Definitions section. For example, 528
you could have a yard sale once a month. The category of Buildings – Portable is usually in reference to initial storage for 529
construction. It is possible that Planning Staff may have to add another category to the Table referring to a temporary 530
residential unit (e.g. temporary mobile home or recreational vehicle) that can be stationed temporarily on your property while 531
you are doing construction on your house, though it must be removed within 90 days. The Temporary Fund Raising Activity is 532
permitted, providing that these activities do not exceed two days per month, though there is no definition of this in Definitions. 533
534
Paul Guthrie asked about an activity such as fundraising during the holiday season outside of the grocery store where 535
someone puts money into a basket. 536
537
33
11
Michael Harvey responded that that activity would count in this category, as would selling Christmas Trees if it is a fundraising 538
activity versus retail. In Mr. Harvey’s opinion, the Girl Scouts selling cookies is retail not fund raising. Mr. Harvey moved on 539
with the presentation and addressed the land use category of Utilities in the Table. He said that Planning Staff is not proposing 540
any major changes in this category or in Waste Management that the UDO has not already covered. In regards to the 541
category of Wholesale Trade, Staff thinks that this category captures everything already listed. In Miscellaneous, uses that 542
have been deleted have been moved to the appropriate category within the Table. He noted that Staff is still not touching 543
airports but that Staff is reviewing Rural Special Events. 544
545
Paul Guthrie asked about the significance of the exclamation point symbol noted after the land use in the Table of Permitted 546
Uses, as shown after S.T.O.L. within the Airport land use category. 547
548
Michael Harvey answered that the exclamation point is meant to inform the reader of development criteria associated with the 549
land use. 550
551
Tony Blake asked about how much affect Planning Staff has over research, development and manufacturing of firearms. Can 552
Staff prohibit that? 553
554
Michael Harvey answered that missiles manufacturing is prohibited. 555
556
Tony Blake gave the example of two of his neighbors making large fireworks. They also have A.T.F. Class III magazines on 557
their property. 558
559
Michael Harvey asked if this activity happens on their residence. 560
561
Tony Blake answered yes. 562
563
Michael Harvey suggested that they should have a Home Occupation Permit, which under some circumstances, may give 564
them authority to do some of these activities. However, this specific use will not lead to – on a larger scale - gun or 565
ammunition manufacturing in the Economic Development Districts as this is currently written. 566
567
Michael Harvey concluded his presentation and made note that he owes Paul Guthrie feedback on schools, tutoring and a few 568
other things. He will spell-out for Kim Piracci the outdoor performance hours and standards for an outdoor theater. He asked 569
what else he could check on? 570
571
Kim Piracci asked if there would be any discussion in the Table on Airbnbs? 572
573
Michael Harvey replied that some County residents have complained about purported Airbnbs, so the topic will have to be 574
addressed. His general take on the matter is that if you are renting out your house, he legally cannot tell you if you can do that 575
for a weekend, week or month. An Airbnb is still a single family residence; it is being used for a truncated period of time. If you 576
rent your house and are not there and are providing an amenity or service to your guests, it becomes more like a bed and 577
breakfast or something else and a permit may be needed. There are different grades of a bed and breakfast that existing 578
regulations would handle. 579
580
Kim Piracci followed-up that she asked the question with some California counties in mind that are trying to recoup lost taxes 581
from Airbnbs. 582
583
Michael Harvey made the comment that it is not the responsibility of the Land Use Enforcement Officer to ensure the tax 584
viability of the County. Planning Staff gets similar complaints on non-registered motor vehicles as well. While we do inform the 585
tax office, Staff is charged with determining if the vehicle is “junked” and if it is junked, compelling compliance with the Code. If 586
it is not an operational vehicle, then it may need to be removed. 587
588
Craig said there have been mixed reviews on Airbnbs in that they provide a service and bring in tourism dollars. 589
590
34
12
Paul Guthrie said that in the university community, there are a large number of rentals of university faculty’s homes while 591
faculty is on sabbatical or and other such cases. 592
593
Tony Blake said that an Airbnb in the County is likely not competing with a hotel in town. There could be an issue with noise. 594
595
Michael Harvey answered that there is the perceived issue and the real issue; the real issue is noise or traffic or whatnot . The 596
perceived issue is “I don’t like it.” Mr. Harvey then summarized the follow-up work he would be doing for the Committee and 597
since revised drafts will be coming out soon, he encouraged members to contact him with any additional questions. The 598
Planning Board will be looking at this in August to make a recommendation to the elected officials. 599
600
Tony Blake asked if the hours would be the same and consistent for Rural Special Events. 601
602
Michael Harvey replied that hours would not necessarily be the same. Some theaters are only allowed in commercial districts. 603
Planning Staff bases hours of operation for an event on whether it will be adjacent to residential land uses or residential 604
zoning. If an event is going to be in the middle of an Economic Development District, is there a reason to have a 10 o’clock 605
curfew? 606
607
Tony Blake called for a motion to adjourn the meeting. Kim Piracci made the motion. Paul Guthrie seconded the motion. 608
ORC meeting was adjourned by consensus 609
610
611
612
___________________________________ 613
Lydia Wegman, Chair 614
35
1
MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 5, 2017 3
REGULAR MEETING 4 5
6 MEMBERS PRESENT: Tony Blake (Vice-Chair), Bingham Township Representative; Buddy Hartley, Little River 7
Township Representative; Kim Piracci, At-Large; Randy Marshall, At-Large; David Blankfard, Hillsborough Township 8
Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill Township; 9 10 MEMBERS ABSENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Laura Nicholson, Eno 11
Township Representative; Donna Coffey, Cedar Grove Township Representative; Andrea Rohrbacher, At-Large 12
Chapel Hill Township; Alexander Gregory, Chapel Hill Township Representative; 13
14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, 15
Planner II; Meredith Kern, Administrative Assistant II 16
17
OTHERS PRESENT: Rachel McCook, Minutes Preparer 18
19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20
21
Tony Blake called the meeting to order. He noted that there is a Board of Adjustment (BOA) meeting on the 7th of 22
August, attendance is encouraged though not mandatory. Michael Harvey suggested that anyone planning to attend 23
the BOA meeting first check with Planning Staff to ensure BOA has quorum and a meeting will be held. 24
25
AGENDA ITEM 2: INFORMATIONAL ITEMS 26
a) Planning Calendar for July and August 27
28 AGENDA ITEM 3: APPROVAL OF MINUTES 29
May 3, 2017 Meeting Minutes 30
May 3, 2017 ORC Notes 31
32
Buddy Hartley noted an error in the attendance. Michael Harvey recommended that a motion be made that Planning 33
Staff will verify attendance record is accurate and updated, and that the Planning Board defer approving the minutes 34
until Staff can verify same. 35
36
Tony Blake made the recommended motion and it was seconded by Paul Guthrie. Further edits were then noted: 37
38
Randy Marshall noted the following typos: 39
Page 13, line 467: change to “hold sway over” 40
Page 11, Line 574: change “out Ordinance” to “our Ordinance” 41
42
Michael Harvey suggested that a motion be made to defer the approval of the meeting minutes until they are 43
amended and attendance is verified and typos are fixed, as requested. 44 45 MOTION by Paul Guthrie to defer approval of the May 3, 2017 Planning Board minutes and ORC notes until they are 46
amended. Seconded by Randy Marshall. 47
VOTE: UNANIMOUS 48 49
Michael Harvey introduced new Meeting Minutes Preparer, Rachel McCook, and Planning Board welcomed her. 50
51
Tony Blake read the public charge (Agenda Item 5), reviewed Chair Comments (Agenda Item 6), and Committee 52
Advisory Board Reports (Agenda Item 7), before addressing Additions to Agenda (Agenda Item 4). 53 54
36
2
AGENDA ITEM 5: PUBLIC CHARGE 55 56 Introduction to the Public Charge 57
The Board of County Commissioners, under the authority of North Carolina General Statute, 58
appoints the Orange County Planning Board (OCPB) to uphold the written land development 59
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and 60
harmonious development. OCPB shall do so in a manner, which considers the present and 61
future needs of its citizens and businesses through efficient and responsive process that 62
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB 63
will make every effort to uphold a vision of responsive governance and quality public services 64
during our deliberations, decisions, and recommendations. 65
66 PUBLIC CHARGE 67
The Planning Board pledges to the citizens of Orange County its respect. The Board asks its 68
citizens to conduct themselves in a respectful, courteous manner, both with the Board and with 69
fellow citizens. At any time, should any member of the Board or any citizen fail to observe this 70
public charge, the Chair will ask the offending member to leave the meeting until that individual 71
regains personal control. Should decorum fail to be restored, the Chair will recess the meeting 72
until such time that a genuine commitment to this public charge is observed. 73 74
AGENDA ITEM 6: CHAIR COMMENTS 75
76
No comments from Chair or Vice Chair 77
78
AGENDA ITEM 7: COMMITTEE/ADVISORY BOARD REPORTS 79
a) BOARD OF ADJUSTMENT 80 b) ORANGE UNIFIED TRANSPORTATION 81 82
Michael Harvey reported that the Board of Adjustment was slated to review a Class B Special Use Permit last month 83
proposing a kennel off of North Carolina Highway 86, just north of Whitfield Road. However, the application has been 84
put on hold at the direct request of the applicant. The applicant has not yet secured all of the appropriate approvals 85
from the Environmental Health Department (hereafter referred to as the “Health Department”) for the proposed septic 86
system; the application is facing a negative recommendation by the Staff at this time. The applicant is working with 87
the Health Department to fix septic issues. There is not an estimated timeframe for the application to be heard at this 88
juncture. 89
90
No report from the Orange Unified Transportation Board (OUT Board) 91 92 AGENDA ITEM 4. CONSIDERATION OF ADDITIONS TO AGENDA 93 94
Tony Blake reviewed an addition to the agenda from Craig Benedict: an email (referred to hereafter as “the letter”) to 95
Craig, Michael Harvey and Donna Baker from Randy Marshall, Planning Board member, regarding scrap tires, stale 96
water, and mosquitos, and whether or not there is a spraying program. Tony Blake said that his first take on the 97
matter is that it is a Health Department issue or a Solid Waste issue. He also does not think that Orange County is 98
the only place with this problem. 99
100
Note: See original email in attachments for this meeting 101
Craig Benedict said that while the letter raises points not directly related to land use, per se, the Health Department, 102
in the past, has worked with Planning as part of a combined effort, to handle an issue such as this that is discovered 103
during code enforcement activities. A lot of it, under County jurisdiction, is not as specific as what cities can do. Cities 104
can have what they call ‘nuisance ordinances’ where they say someone’s grass is too high or there is too much in 105
someone’s yard or something like that. He said that Planning cannot go to that level, but Planning Staff will make an 106
attempt. Even though in the past, Planning got together with the Health Department and the Solid Waste Department 107
to investigate these things, even bringing in the state departments to look at oil spills and radiator spills from 108
37
3
junkyards and other cases like that. Work in this area has been limited. The Health Department, until a few years 109
ago, did have some funding to do some limited spraying, if asked by a property owner or other members of the 110
public. Even that has fallen apart. There is still a program to do spraying in parks. Michael Harvey is working more 111
directly with Alan Clapp of the Health Department on what we will propose in this area. Planning has also been 112
working to get together a nuisance program for County jurisdiction. The area most recently spoken about was in so-113
called “pseudo-urban areas,” areas in the County that are growing with higher density, growing with economic 114
development, and we may need a standard of higher care to keep things looking good and to attract growth in the 115
right places. Craig went on to say that it’s difficult because you’re not supposed to be arbitrary, but we’re going to try 116
by justifying our urbanized standards that we have in certain growth areas. Michael Harvey and Alan Clapp are 117
working on a memo to the manager that will eventually get to the Commissioners to implement some sort of nuisance 118
program. Planning Staff would help with the identification of the issue and then would find the right department that 119
has certain enforcement of that to get rid of junk off land, or maybe there’s a tire removal fund or grants available. 120
Planning will try and hit the problem from a few different angles and bring it to the attention of other resources outside 121
of the County. In cases where a property owner may recognize a health issue, especially with the Zika Virus and the 122
like, they can seek to do something for their own purposes and their neighbors’ also. 123
124
Kim Piracci asked if anyone has contacted the company noted in the letter, Triangle Tire and Service Center, 125
regarding possible health hazards. 126
127
Craig Benedict answered that the Planning Department’s next point step will be to contact the company as a 128
courtesy. He said that Planning send out many notes that say something like “You may or may not realize that you 129
have a violation on your property. Please speak with us. We’ll help you to resolve the issue.” 130
131
Kim Piracci asked if the used tires are stored in a pile. 132
133
Craig Benedict explained that used tires may be stored temporarily in a pile until there are enough take a load out. 134
There are also gently used tires that a business may not have storage for. Tire storage is a volatile area; tires are 135
stored outside more than you may think. 136
137
Paul Guthrie said that he could think of at least three other places in the County where they have similar storage of 138
tires, and it seems to him that whichever organization that may be promoting that kind of business ought to pay 139
attention to the fact that tires can be placed around, helter skelter, at what is a former gas station or a former store. 140
He understands that the issue as it is now, but that somewhere, sometime, there should be a conversation about the 141
physical limits on what you can store. There are a couple of places with tires encroaching on the right-of-way. He 142
recognized that Planning Staff does not have the authority to deal with that. 143
144
Craig Benedict spoke about disposal fees. He wondered if disposal fee monies could be put towards collection and 145
proper disposal. 146
147
Paul Guthrie said that some of these places, two that he knows of, sell used tires for reuse. 148
149
Kim Piracci asked about the disposal process. When they have accumulated enough tires to be disposed of, what 150
does the disposal process look like? What happens to them? 151
152
Craig Benedict explained that the tires go to the landfill and then they are shipped to a vendor. Some people want the 153
tires and grind them up for certain uses. There is a collection process even at some of our Solid Waste Convenience 154
Centers where you could dump-off “x” amount of tires, but not for commercial dumping. They [tire shops or 155
businesses] should be following their own course of action, and some of them don’t. If Planning had a formal site plan 156
on some old land uses, we could probably direct where tires are stored and how they are covered. However, the 157
majority of these uses go back 20 or 30 years and are “grandfathered-I,” but this is not to say that we turn a blind 158
eye. 159
160
38
4
Tony Blake spoke about Triangle Tire and Service Center changing ownership and wondered if that negates aspects 161
of being grandfathered-in. He remarked that there is another such tire business over on Old Greensboro with the 162
same situation. 163
164
Craig Benedict explained that only if the business was trying to expand the facility can Planning kick-in new 165
standards, but a lot of these businesses are continuing as is. 166
167
Patricia Roberts asked about free tire disposal program wherein you could bring all your tires to the landfill or 168
somewhere else. 169
170
Craig Benedict said that there used to be grant funding for a variety of things. There used to be a get-rid-of-your-171
mobile-home day, back 10-12 years ago, and those monies dried-up too. There are a lot of people that may leave 172
their mobile home in the woods. It is a lot to try and move a mobile home to our landfill. Planning keeps looking for 173
funding to help with these issues. Our Solid Waste Department, as of July 1st, has a mattress disposal program. He 174
remarked that things you see alongside of the road – old tires and mattresses – at least we’ve moved towards 175
mattress disposal program. Maybe the County can look into an even better tire collection and disposal program as 176
well. He hopes that Solid Waste, the Health Department and Planning can come together to be the eyes in the field. 177
178
Paul Guthrie suggested that whoever is involved in that discussion should figure out where the tires are going from 179
disposal. He thinks that most of the tires are from international transit; they grind them up and separate metals from 180
rubber and other materials. He said that a lot of that is probably going to the Port of Wilmington and getting hauled 181
overseas. He said that he thinks it’s worth asking - where do you dispose of your stuff, and when you do move stuff 182
out? 183
184
Craig replied that Planning will keep all comments in mind. 185
186
Randy Marshall gave a brief background regarding his complaint about the tires. He said that since he brought this 187
topic up, he would like to give a couple of comments. He started by saying that it’s different than mattresses and 188
mobile homes. This is a health hazard because of the mosquitos. If Zika cases pop-up in Orange County, there is 189
going to be a huge uproar on why we haven’t done something about tires. There’s a mobile home park right behind 190
that tire establishment and those tires have been there for weeks. He said that he cannot see where any tires have 191
been hauled off. It seems like to him that handing out ducks and spraying people when they go into parks is woefully 192
inadequate to address the health concerns – not nuisance – but the health concern that the tires provide. It seems 193
not unreasonable to him that there would have someone on the staff of Orange County to make people remove tires 194
because they are a health hazard. That same person could look for standing water in different places. He just wants 195
someone to say “You need to get rid of these tires. It’s a problem.” He said that nobody in several of the Orange 196
County departments seems to have ownership to do this. 197
198
Tony Blake responded to Randy Marshall’s point. He would pose a question to a business that if they want to look at 199
who’s the most at risk, it’s them. There is a public health hazard here and they are likely to be the one most exposed. 200
This approach might hit home. 201
202
Craig Benedict shared an experience of working with a city where the Health Department took the lead role to 203
declare a health nuisance, whether it was rats or garbage or mosquitos. They seemed to have the higher power than 204
the Zoning Department regarding health hazards. He said that Planning will continue working on this and will report 205
back regarding collaboration, and maybe jump start a program with funding. 206
207
Kim Piracci reiterated that in the meantime, someone should reach out to the business. 208
209
Paul Guthrie also reiterated that someone should talk to the owner regarding health hazards and warned about the 210
possibility of a business being named as a source. 211
212
Planning Board members continued a discussion amongst themselves on how the Zika Virus can be tracked. 213
214
39
5
AGENDA ITEM 8: ADJOURNMENT 215 216 MOTION by Randy Marshall to adjourn the July 5, 2017 Planning Board meeting. Seconded by Buddy Hartley. 217
VOTE: UNANIMOUS 218
____________________________________
Lydia Wegman, Chair
40
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 2, 2017
Action Agenda
Item No. 7
SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Subdivisions
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form
2. Excerpt of Draft July 5, 2017 Ordinance
Review Committee (ORC) Notes
3. Statement of Consistency
4. UDO Text Amendment
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon a Planning Director initiated Unified Development
Ordinance (UDO) text amendments revising regulations associated with the process of
subdivisions.
BACKGROUND: At the November 21, 2016 Quarterly Public Hearing staff presented a UDO
text amendment package proposing modification of existing subdivision regulations. The
proposal, including modifications requested by various BOCC members, was ultimately adopted
on January 24, 2017.
While incorporating said amendments into the UDO, staff discovered inconsistencies between
the November Public Hearing language and the approved ordinance, including:
• Improper references to required minimum lot area for general use zoning districts, most
notably the Rural Buffer (RB);
• Inconsistent use of terminology; and
• Incorrect citation of various section(s) of the UDO.
The majority of proposed revisions appeared correctly within the amendment package
presented at the November 21, 2016 quarterly public hearing. It would appear staff utilized an
outdated version of the amendment package while completing the packet for the January 24,
2017 BOCC regular meeting, where the amendment was adopted, creating the aforementioned
problem(s).
This proposal seeks to resolve these errors, ensure the ordinance is consistent, and will meet
legal sufficiency.
41
The amendment outline form for this project, contained within Attachment 1, was approved by
the BOCC at its May 2, 2017 regular meeting. Agenda materials from this meeting can be
viewed at: http://server3.co.orange.nc.us:8088/weblink8/0/doc/46415/Page1.aspx.
This item was presented to the Ordinance Review Committee (ORC) at its July 5, 2017 meeting.
The draft notes from that meeting are contained in Attachment 2.
Please note the amendment package, as contained in Attachment 4, is still being reviewed by
the County’s Attorney Office. Any revisions deemed necessary to meet legal sufficiency
occurring after the August Planning Board meeting packet is sent out to individual members will
be provided as soon as they are available.
Planning Director’s Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 3 and the proposed amendment package as contained in Attachment
4.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): The Planning Director recommends the Planning Board:
1. Review the proposed UDO text amendments,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director’s recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 3)
and the proposed amendments (Attachment 4) in time for the September 11, 2017
Quarterly Public Hearing.
42
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2017-01
Clarification of Recently Adopted Subdivision Regulations
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section(s)
1. 3.3: Residential Districts;
2. 7.3 Subdivisions - Phasing of Major Subdivisions;
3. 7.4 Subdivisions - Improvements and Performance
Guarantees;
4. 7.6 Subdivisions - General Design Standards;
5. 7.7 Subdivisions - Lots;
6. 7.8 Subdivisions - Access and Roadways;
7. 7.11 Subdivisions - Recreational Facilities;
8. 7.12 Subdivisions - Flexible Developments;
9. 7.13 Subdivisions - Specifications for Plat Drawings
Attachment 1 43
2
10. Article 10 Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director is initiating
text amendments correcting inconsistences, omissions, and conflicts in existing
subdivision regulations as adopted by the BOCC at its January 24, 2017 regular
meeting.
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’.
At the November 21, 2016 Quarterly Public Hearing staff presented a UDO text
amendment proposing the modification of existing subdivision regulations. The
amendment package was approved on January 24, 2017.
While incorporating these amendments staff discovered inconsistencies and
omissions between the public hearing packet and the approved ordinance including:
• Improper references to required minimum lot area for general use zoning
districts,
• Inconsistent use of terminology, and
• Incorrect citation/reference to section(s) of the UDO.
The majority of these necessary revisions appeared correctly within the November
21, 2017 quarterly public hearing packet. While preparing for the January 24, 2017
BOCC regular meeting staff utilized the wrong version of the amendment package,
which led to the creation of the aforementioned discrepancies.
This text amendment resolves these errors, ensures the ordinance is consistent, and
meets legal sufficiency.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
4. New Statutes and Rules
N/A
44
3
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 2, 2017
b. Quarterly Public Hearing
September 11, 2017
c. BOCC Updates/Checkpoints
May 2, 2017 – Approval of UDO Amendment Outline Form
July 5, 2017 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
August 2, 2017 – Planning Board Meeting (BOCC receives agenda materials)
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
July 5, 2017 - Ordinance Review Committee (ORC)
August 2, 2017 - Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
Proposed text amendments were sent
to JPA partners (Towns of Chapel Hill
and Carrboro) in accordance with the
JPA Agreement on July 25, 2017.
d. Notice Requirements
July 5, 2017
To be Determined
N/A
45
4
Consistent with NC State Statutes – legal ad prior to public hearing
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the 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 amendments would update the applicable sections of the UDO and eliminate
identified inconsistencies.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 4.
Primary Staff Contact:
Patrick Mallett
Planning Department
919-245-2577
pmallett@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
46
1
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 5, 2017 3 ORDINANCE REVIEW COMMITTEE 4
5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7 MEMBERS PRESENT: Tony Blake (Vice-Chair), Bingham Township Representative; Buddy Hartley, Little River Township 8
Representative; Kim Piracci, At-Large; Randy Marshall, At-Large; David Blankfard, Hillsborough Township Representative; 9
Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill Township; 10 11 Members Present: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Laura Nicholson, Eno Township 12
Representative; Donna Coffey, Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 13
Alexander Gregory, Chapel Hill Township Representative; 14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, Planner II; 16
Meredith Kern, Administrative Assistant II. 17
18 OTHERS PRESENT: Rachel McCook, Minutes Preparer 19
20
21
AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 23
Tony Blake called meeting to order. 24 25 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - SUBDIVISIONS - To review government-26
initiated amendments to the text of the UDO that makes corrections to the amendments adopted on 27
January 24, 2017 regarding subdivisions. 28 Presenter: Patrick Mallett, Planner II 29 30
Patrick Mallett reviewed the abstract. He said that the UDO subdivision flexible development text change is the item that we 31
spent the majority of last year working on. The synopsis of where we are is that there were over 90 pages of changes out of 32
the UDO, a substantial effort. The document was edited, at a minimum, 14 times. During the Board of County Commissioner’s 33
(BOCC) Quarterly Public Hearing in November 2016, Commissioners Price and Jacobs had specific parts they wanted to add 34
into the text change. Planning Staff accommodated this request. The BOCC voted and approved the text change on January 35
2017 and it became part of the Ordinance. Unfortunately, there were different versions in the mix, and the version that was 36
approved by the BOCC was slightly different than the version the Planning Board saw. So, the ORC is reviewing this item 37
tonight with Planning Staff in an effort to resolve and clarify any inconsistencies with the two versions regarding references 38
(i.e. “UDO Section” vs. “Section”), terminology, grammar, syntax, and the way the item is presented. Mr. Mallett gave an 39
apology for the time and effort to re-review this, but stressed that it is important. The Planning Board will see this item next 40
month. In the meantime, Planning Staff will sit down with the County Attorney’s office to ensure this version has legal 41
sufficiency. Most of these changes are regarding references or a change that directly tracks to a comment that the County 42
Attorney made at the end of the review process that did not get included the January version. While most of the changes are 43
syntax and grammatical, there is one change to point out specifically: Section 3 on page 3-2 of the UDO, the Rural Buffer 44
Section. As previously written, in a subdivision within this zoning district, you would have one option: the minimum lot size was 45
87,120 square feet. In the proposed Flexible Development Option, this was broken out into one acre (43,560 square feet). 46
Unfortunately, the version of the UDO that now exists lists minimum lot size within this zoning district as 40,000 square feet 47
(sq. ft.). This is an issue because there are numerous Joint Planning documents and numerous references throughout Section 48
7 and elsewhere in the UDO that are very specific; the minimum lot size has to be an acre, 43,560 sq. ft. We need to make 49
this change. Mr. Mallett concluded his presentation and offered to review other pages with the Committee or answer any 50
questions, or if they think of something after the meeting, he asked that they email him. The goal is to make this version 51
consistent and whole, to deal with all the omissions, clarifications, and get it back as close to the version that existed at the 52
November Quarterly Public Hearing, with the addition of the aforementioned comments by Commissioners Price and Jacobs. 53
Attachment 2 47
2
Tony Blake asked for confirmation that the Village Option and the Flexible Development Option - the clustering - is not the 54
same thing. 55
56
Patrick Mallett answered that they are not the same thing. 57
58
Tony Blake said that the two sections, in application to the Rural Buffer area, are confusing. 59
60
Patrick Mallett replied that Staff did not address the Village Option, but rather the focused on the text change, mostly in take 61
Sections 7.12 and 7.13 of the UDO and combined them into something called Flexible Development, in order to give two 62
minor subdivision options that encourage open space. He said that you could either do a traditional, Plain Jane subdivision 63
with large lots, or you could cluster them down to have smaller lot sizes with proportional amounts open space. A Village 64
Option has some of those elements, but the two options are like an apple and an orange. 65
66
Tony Blake said that he understood the difference between the two options. 67
68
Michael Harvey gave a brief background of the Village Option. He explained that the Village Option is a classification of 69
Flexible Development. This classification allows for a multitude of housing development options from single to duplex to multi-70
family. The Flexible Development option also can allow for non-residential activity, as part of the project, to be developed. The 71
Ordinance provides very specific examples of what those non-residential land uses are as part of this whole process. Mr. 72
Harvey said that it was his considered opinion that the reason that the Village Option is expressly prohibited from the Rural 73
Buffer is because the development, as currently is allowed, is inconsistent with the Joint Planning Land Use Plan and 74
Agreement because the proposed uses do not fit in with the Rural Buffer Zoning District concept as embodied within that Joint 75
Land Use Plan and Agreement. So, it was easier to recommend prohibition than to tailor. Further, there are specific 76
requirements in the Joint Land Use Plan and Agreement, which dates back to the late ‘80s. The Joint Land Use Plan and 77
Agreement is an agreement between Chapel Hill, Orange County, and Carrboro for the physical development of the General 78
Zoning land use category known as the Rural Buffer, which surrounds Chapel Hill and Carrboro. The Agreement specifies 79
acreage minimum for lots; two acre minimum lot size that can only be clustered down to one acre. The Village Option allows 80
for the further clustering as an entity and as such, would violate the Joint Planning Land Use Plan. This is why the prohibition 81
has existed for as many years as it has. As a general note, Mr. Harvey reminded the Committe that Planning Staff was 82
authorized to create what can best be described as a Rural Master Plan District. Some may be familiar with the Master Plan 83
District we have in urban areas, Hart’s Mill as the prime example. A developer can come to the County to petition for the 84
development of a site-specific project imposing conditions, land uses, and whatnot, and the BOCC has latitude as embodied in 85
the UDO, to work with that developer to permit the project, but also to impose reasonable conditions designed to enforce 86
provisions of the UDO. Planning Staff were coming up with a Rural Master Plan Concept and it was suggested by two BOCC 87
members that Staff look at the Village as the model. Mr. Harvey thinks that within the next calendar year, Staff will be looking 88
at an Ordinance amendment to come before ORC and Planning Board for recommendation that will take the Village concept 89
as it currently exists and make it a Rural Master Plan project. Subsequently, this would have to be reviewed with the BOCC to 90
get authorization as part of the standard operating procedure, but the last time this came-up, there was a recommendation of 91
some BOCC members to create Rural Master Plan District, and Planning Staff supports that. The possible benefit, from 92
Planning Staff’s standpoint, is to help accentuate development in certain nodes within the County where we want a more 93
centralized non-residential option for development alongside residential. 94
95
Randy Marshall asked for a clarification on the example of the Rural Master Plan District Michael Harvey provided. 96
97
Michael Harvey answered that the example he gave is a Master Plan called Hart’s Mill. Hart’s Mill is a single family residential 98
development off of Frazier Road on a110+ acre parcel where they proposed 36 individual residences on lots ranging from 99
15,000 – 25,000 square feet with one dwelling unit every three to four acres, with 80 acres of protected open space (inclusive 100
of several acres of flood zone), some of which was intended to be used as farmland. It is an intentional community where the 101
developer wanted to establish “small homes” all geared towards farm activities. If you purchase one of these lots, part of the 102
requirement is to be involved in the farm. 103
104
Randy Marshall asked if Hart’s Mill has a community septic system. 105
106
Michael Harvey replied that yes, they do. 107
48
3
108
Tony Blake added that he thought there is a septic or water line running by the community. 109
Michael Harvey confirmed that there is a water line, and they are hooked-up to this line, but there is no sewer line that goes all 110
the way to the community. 111
112
Randy Marshall noted that in the Rural Buffer, water and sewer are prohibited. 113
114
Michael Harvey agreed with this statement. He also noted that Hart’s Mill off of Frazier Road in the Cheeks Township, not 115
within the Rural Buffer. Michael clarified that the parcel of property was once zoned Rural Residential (R-1) but is now zoned 116
Master Planning Zoning District (MPZD). Michael turned the floor back over to Patrick Mallett. 117
118
Patrick Mallett responded that he was finished with his presentation. 119
120
Tony Blake asked for confirmation that Planning Staff’s concept of clustering would still include a shared septic area and could 121
exist in the Rural Buffer. 122
123
Patrick Mallett clarified that the concept of a shared area for septic, as long as they are individual septic systems, is still in the 124
UDO as a viable option and can exist in the Rural Buffer. 125
126
Michael Harvey added further clarification that within the Rural Buffer, the minimum lot size would be 1 acre. 127
128
Patrick Mallett went on to say that the acre is definitive, and that perhaps that an acre lot size may not be the best model for 129
clustering, but the other residential zoning districts included amendment allow for clustering to go down to as little as 130
10,000 sq. ft. per lot size. In Rural Buffer, because of the Joint Planning Agreement, minimum lot sizes can be no smaller than 131
43,560 square feet (1 acre). 132
133
Tony Blake agreed with the perimeters of the clustering options laid out in the amendment. 134
135
Patrick Mallett concluded that since this is an ORC item, no action needs to be taken tonight, but that he wanted to give the 136
Committee time to think about it and raise any questions before it comes back to the Planning Board next month. 137
138
Tony Blake asked if there has been any movement on non-traditional septic systems in rural activity nodes. Has there been 139
any further discussion? 140
141
Patrick Mallett responded that there had not been any significant movement on this topic. 142
143
Michael Harvey added that there have been recent changes to state law as it relates to what the Environmental Health 144
Department (referred to hereafter as Health Department) can and cannot approve, and the practical answer to the question is 145
that it is in the hands of the Orange County Health Department. Planning Staff is in a reactionary mode to review septic 146
systems as a part of the development plan. 147
148
Tony Blake acknowledged the point, and noted that the Fiesta Grill is still restricted by the Health Department with the number 149
of tables they can have. He thinks that the business could be more robust if they could solve the septic problem. 150
151
49
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to modify existing subdivision development requirements and review processes to
provide additional opportunities for the clustering of subdivision lots and preservation of open
space.
The Planning Board finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 6 – A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by eliminating existing contradictory language,
misspellings, and inconsistent references to regulations
contained within the UDO making it easier for the reader to
ascertain what is required with respect to the processing of a
subdivision application through established processes.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by eliminating contradictory regulations and
guidelines.
These amendments ensure uniformity by eliminating inconsistent
use of terminology with respect to citing various provisions/sections
of the UDO as well as contradictory regulations, which create
confusion for the reader on what standard they are required to
adhere to when proposing the subdivision of a parcel of property.
2. Eliminates confusion by clarifying development requirements associated
with the division of property.
These amendments eliminate existing errors with respect to the
identification of development requirements (i.e. minimum required
lots sizes, setbacks, etc.) associated with the subdivision of
property through both the conventional and flexible development
processes.
Attachment 3
50
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
______________________ ________________________
Lydia N. Wegman, Chair Date
51
UDO AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations associated
with subdivisions.
Red Underlined Text: Denotes proposed text that staff is suggesting be added to
the UDO. This text captures elements that were contained in the November 2016
QPH BOCC packets, but mistakenly omitted from the January 2017 BOCC
meeting packets.
Red Underlined and Highlighted Text: Denotes references and grammatical
corrections proposed as additional changes to the original November 2016 QPH
packets.
Red Strikethrough Text: Denotes existing text that staff is proposing to delete.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large “X” through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.orangecountync.gov/departments/planning_and_inspections/ordinances.php
Attachment 3
52
Article 2: Procedures
Section 2.14: Minor Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-47
(b) The period between the approval date of the Preliminary Plat and the
approval date of the Final Plat for the first phase does not exceed one
year; and
(c) The period between the approval date of the Final Plat of the first phase
and the approval date(s) of the Final Plat(s) of any subsequent phase(s)
does not exceed the time limits specified in the phasing plan of the
Preliminary Plat. If no phasing plan is indicated, then the period between
Final Plat approvals shall not exceed six months.
(8) If a phasing plan for construction of the subdivision is approved, the expiration
date of the Preliminary Plat shall be governed by the time period(s) approved as
part of the phasing plan.
(9) The Planning Director may extend the deadline for recordation provided the
applicant can demonstrate a good faith effort to comply with the deadline, but for
reasons beyond his/her control, fails to meet the requirements for recordation
within the specified period.
(10) All final plats shall conform to drawing specifications and certification
requirements for Final Plats contained in Section 7.14.3 7.13.31 of this
Ordinance.
(11) Recordation of the approved final plat, and any required auxiliary documentation
shall be with the advice and consent of the Planning Director.
1 Reference changed to match current section in UDO.
53
Article 2: Procedures
Section 2.15: Major Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-50
(6) Number 10 (business) sized envelopes with first class postage affixed addressed
to each owner of property within 500 1,0002 feet of the property proposed to be
subdivided. The names and addresses of property owners shall be based on the
current listing as shown in the Orange County Land Records System.
(D) Neighborhood Information Meeting
(1) Upon acceptance of a Concept Plan application, the Planning Director shall
schedule a Neighborhood Information Meeting (NIM) and mail notices of the
meeting to each owner of property within one thousand feet of the property
proposed to be subdivided.
(2) Notices of the NIM shall be mailed by first class mail at least ten days prior to the
date of the meeting.
(3) The Planning Director shall place a sign on the affected property indicating the
total number of lots proposed, the date, time, and location of the NIM; and the
Planning Department telephone number. The sign shall be posted on the
affected property at least seven days prior to the NIM. The NIM shall be held a
minimum of 14 days prior to the Planning Board meeting at which the concept
plan is scheduled to be reviewed.
(4) At the NIM, the applicant shall be available to answer questions about the
proposed subdivision, and to receive comments from neighboring property
owners for the purpose of improving the proposed subdivision design.
(5) The Planning Director shall explain the subdivision approval process and shall
identify meeting dates of the Planning Board and Board of Commissioners at
which neighboring property owners may speak with regard to specific concerns
and/or issues.
(E) Planning Director Review Procedures
(1) The Planning Director shall prepare and submit a recommendation to the
Planning Board which shall include the following:
(a) A written analysis of the Concept Plan;
(b) The Concept Plan’s general compliance with the requirements of this
Ordinance, the Comprehensive Plan, and other applicable codes and
ordinances; and
(c) The comments of neighboring property owners expressed at the
Neighborhood Information Meeting.
(d) Which Development Option Plan is recommended for eventual
Preliminary Plat processing.
(2) The Planning Director shall be permitted to defer the application and
recommendation for one meeting beyond the Planning Board meeting at which
the application is scheduled to be heard.
(F) Planning Board Review and Approval Procedures
(1) After receiving the Planning Director’s report and recommendation, the Planning
Board shall consider the Concept Plans and take action on the proposals.
(2) The Planning Board shall base its action on its findings as to the conformity of
the proposals with all applicable regulations and shall:
(a) Approve one Development Option;
(b) Approve one Development Option subject to conditions; or
(c) Deny the Development Options.
2 Changed to match current Neighborhood Information Meeting (NIM) mailing requirements.
54
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
SECTION 3.3: RESIDENTIAL DISTRICTS
RB
RURAL BUFFER
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Conventional
Subdivision
Process
(Article 7)
87,120
Flexible
Development
Subdivision
Process
(Section 7.12)
40,000
43,5603
[1]
PURPOSE Lot Width, min.
(feet) 130
The purpose of the Rural Buffer (RB) District is to provide
locations for rural residential developments and agricultural,
silvicultural or horticultural uses which serve to buffer or separate
more intensively planned and/or developed portions of Orange
County. Development within the Rural Buffer (RB) District is at
very low densities (the minimum lot size per dwelling unit is two
acres) and relies on individual wells and ground absorption
systems for domestic water supply and sewage disposal,
respectively.
Front Setback from
ROW, min. (feet) 40 [1][2]
Corner Side
Setback, min.
(feet)
40 [2][3]
APPLICABILITY Side Setback, min.
(feet) 20 [1][2]
This district will usually be applied where the following conditions
exist:
1. Designated by the adopted Comprehensive Plan as Rural
Buffer or by the adopted Joint Planning Area Land Use Plan as
Rural Residential or both.
2. Urban services, including water distribution and sewage
collection mains, are not likely within 10-20 years.
Rear Setback, min.
(feet) 20 [1][2]
Height, max. (feet) 25 [3][4]
DIMENSIONAL STANDARDS NOTES:
[1] Refer to Section 7.12.3: Flexible Development, which requires
additional standards and requirements to reduce minimum lot
size.4
[1] [2] Accessory structures shall not be erected in any required
front open space and shall also conform to all other regulations.
[2] [3] Any corner lot having an abutting interior lot on its side
street shall observe a front yard setback from both streets
provided, however, that this requirement does not reduce the
width suitable for a building on said lot to less than 25 feet. (Se e
graphic in Section 6.2.7).
[3] [4] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] [5] R = residential, NR = non-residential, CU = conditional use
[5] [6] Permitted non-residential uses existing as of 5/6/98 shall
be limited to a maximum floor area ratio of .141 in the RB, AR, R-
1, R-2, R-3, and R-4 zoning districts.
Floor Area Ratio,
max.
R-CU [45] .058
NR .088 [56]
NR-CU .100 [56]
Required Open
Space Ratio, min.
R-CU
NR
NR-CU
.84
Required Livability
Space Ratio, min. R-CU .75
Required
Recreation Space
Ratio, min.
R .028
R-CU .031
Gross Land Area,
min. (square feet)
R-CU .174
NR-CU .240
Required
Pedestrian/
Landscape Ratio,
min.
NR
NR-CU .21
3 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language. Square footage also changed to
conform with Joint Land Use Plan, Comprehensive Plan, and other UDO requirements, which dictate a minimum
lot size of 43,560 sq. ft. (1 full acre).
4 Text added to reflect November 21, 2016 Quarterly Public Hearing Language.
55
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
RB DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the RB District in Section 5.2, unless a Conditional Use (CU)
or MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 87,120 square feet, the density permitted on a given parcel is based on
the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a
breakdown of the allowable density (i.e., the number of individual dwellings that can be developed on a
parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. Regardless of subdivision process and reductions allowed in Section 7.12 of this Ordinance, lot(s) within the
RB general use zoning district shall not be reduced below 1 acre in area.For Subdivisions utilizing the
Flexible Development Option, the required wastewater system area may be contained either within the
residential lot or within dedicated easement and/or septic lot that is recorded and maintained within allowed
open space areas, and as further defined in NC DHHS DPH Innovative Waste Water System Approval
IWWS 2016-01. Under the Flexible Development Option required minimum lot size shall be based on
proposed wastewater disposal and percentage of open space. 5
65. With the exception of Orange County government development projects, wastewater treatment facilities with
a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage
disposal are prohibited in the RB zoning district unless approved through the Special Use Permit (SUP)
process or as a Conditional Use (CU) District.
76. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7.
Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and
Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.6 The “Village Option” for a flexible development is not permitted in the RB districts.7
87. Subdivisions utilizing the conventional design process and/or8 proposing private roads are subject to larger
setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section
7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
98. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
5 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
6 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language. Note: Staff is recommending
reinsertion of this language in order to maintain consistency with language in other residential zoning districts.
7 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
8 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
56
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
AR
AGRICULTURAL
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Conventional
Subdivision
Process
(Article 7)
40,000
Flexible
Development
Subdivision
Process
(Section
7.129)
Proposed
Open
Space
within
subdivision
Allowable
Lot Size
(sq. ft.)
33-39%10 40,000
40-44% 30,000
45-49% 20,000
50-59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Conventional
Subdivision Process
(Article 7)
150
The purpose of the Agricultural Residential (AR) District is
to assist in the preservation of land suitable, as a result of
location, existing farming operations, soils and
topography, for agricultural, silvicultural or horticultural
uses and to protect such uses from the adverse effects of
incompatible land uses.
Flexible
Development
Process (Section
7.12)
100
Front Setback
from ROW, min.
(feet)
40 [1] [6]
Corner Side
Setback, min.
(feet)
40 [2] [6]
APPLICABILITY Side Setback,
min. (feet) 20 [1] [6]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan
Agricultural Residential.
2. Urban services, including water distribution and
sewage collection mains, are not likely within 10-20
years.
Rear Setback,
min. (feet) 20 [1] [6]
Height, max.
(feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
required front open space and shall also conform to all
other regulations.
[2] Any corner lot having an abutting interior lot on its side
street shall observe a front yard setback from both streets
provided, however, that this requirement does not reduce
the width suitable for a building on said lot to less than 25
feet. (See graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one
foot increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional
Floor Area Ratio,
max.
R-CU [4] .058
NR .088 [5]
NR-CU .100 [5]
Required Open
Space Ratio,
min.
R-CU
NR
NR-CU
.84
Required
Livability Space
Ratio, min.
R-CU .75
Required R .028
9 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and provide correct reference.
10 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and provide ranges to avoid gaps
in Open Space requirements.
57
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
use
[5] Permitted non-residential uses existing as of 5/6/98
shall be limited to a maximum floor area ratio of .141 in
the RB, AR, R-1, R-2, R-3, and R-4 zoning districts.
[6] Required setbacks for lots created through the Flexible
Development design process as detailed in Section 7.12
of this Ordinance may be reduced by 25% with the
preservation of more than 33% open space for the
project. Under no circumstances shall any required
setback be less than 10 feet.
Recreation
Space Ratio,
min.
R-CU .031
Gross Land
Area, min.
(square feet)
R-CU
NR-CU 80,000
Required
Pedestrian/
Landscape Ratio,
min.
NR
NR-CU .21
AR DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the AR District in Section 5.2, unless a Conditional Use (CU) or
MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and
all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 40,000 square feet, the density permitted on a given parcel is based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown
of the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property
is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for
lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000
square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot
area of at least 40,000 square feet. Please refer to Section 7.12 for more information.11
6.5. With the exception of Orange County government development projects, wastewater treatment facilities with a
design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage disposal
are prohibited in the AR zoning district unless approved through the Special Use Permit (SUP) process or as a
Conditional Use (CU) District.
7.6. Proposed subdivisions are subject to all applicable subdivision stan dards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space provided.
8. 7. Subdivisions utilizing the conventional design process and/or 12proposing private roads are subject to larger
setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section
7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
9. 8. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such b uilding is a legal non-
conforming use.
11 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
12 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
58
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
R-1
RURAL RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Conventional
Subdivision
Process
(Article 7)
40,000
Flexible
Development
Subdivision
Process
(Section
7.12)
Proposed
Open
Space
Allowable
Minimum
Lot Size
33-39% 40,000
40-44% 30,000
45-49% 20,000
50-59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Conventional
Subdivision
Process (Article 7)
130
The purpose of the Rural Residential (R-1) District is to
provide locations for rural non-farm residential
development, at very low intensities, in areas where the
short and long-term solutions to domestic water supply
and sewage disposal shall be individual wells and
ground absorption system.
Flexible
Development
Subdivision
Process (Section
7.12)
100
Front Setback from
ROW, min. (feet) 40 [1] [6]
Corner Side
Setback, min. (feet) 40 [2] [6]
APPLICABILITY Side Setback, min.
(feet) 20 [1] [6]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as
Rural Residential.
2. Urban services, including water distribution and
sewage collection mains, are not likely within 10-20
years.
Rear Setback, min.
(feet) 20 [1] [6]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
required front open space and shall also conform to all
other regulations.
[2] Any corner lot having an abutting interior lot on its
side street shall observe a front yard setback from both
streets provided, however, that this requirement does
not reduce the width suitable for a building on said lot to
less than 25 feet. (See graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one
foot increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU =
conditional use
[5] Permitted non-residential uses existing as of 5/6/98
shall be limited to a maximum floor area ratio of .141 in
the RB, AR, R-1, R-2, R-3, and R-4 zoning districts.
[6] Required setbacks for lots created through the
Flexible Development design process as detailed in
Section 7.12 of this Ordinance may be reduced by 25%
with the preservation of more than 33% open space for
the project. Under no circumstances shall any required
Floor Area Ratio,
max.
R-CU [4] .058
NR .088 [5]
NR-CU .100 [5]
Required Open
Space Ratio, min.
R-CU
NR
NR-CU
.84
Required Livability
Space Ratio, min. R-CU .75
Required
Recreation Space
Ratio, min.
R .028
R-CU .031
Gross Land Area,
min. (square feet)
R-CU
NR-CU 80,000
Required
Pedestrian/
Landscape Ratio,
min.
NR
NR-CU .21
59
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
setback be less than 10 feet.
R-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-1 District in Section 5.2, unless a Conditional Use (CU) or
MPD-CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and
all applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 40,000 square feet, the density permitted on a given parcel is based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown
of the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property
is located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for
lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000
square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot
area of at least 40,000 square feet. For Subdivisions utilizing the Flexible Development Option, the required
wastewater system area may be contained either within the residential lot or within dedicated easement and/or
septic lot that is recorded and maintained within allowed open space areas, and as further defined in NC DHHS
DPH Innovative Waste Water System Approval IWWS 2016-01. Under the Flexible Development Option
required minimum lot size shall be based on proposed wastewater disposal and percentage of open space.
Please refer to Section 7.12 for more information.13
6.5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space provided.
7.6. Subdivisions utilizing the conventional design process and/or 14 proposing private roads are subject to larger
setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section
7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards.
8.7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed
building that conforms to applicable building code and zoning regulations or if such building is a legal non-
conforming use.
13 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
14 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
60
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
R-2
LOW INTENSITY
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Conventional
Subdivision
Process
(Article 7)
20,000
Flexible
Development
Subdivision
Process
(Section
7.12)
Proposed
Open
Space
Allowable
minimum
lot size
334515-
49% 20,000
50-59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Conventional
Subdivision Process
(Article 7)
100
The purpose of the Low Intensity Residential (R-2) District is
to provide locations for low intensity residential development
and supporting recreational, community service and
educational uses in areas where urban services are
available or are to be provided as part of the development
process.
Flexible
Development
Subdivision Process
(Section 7.12)
70
Front Setback
from ROW, min.
(feet)
30 [1] [6]
Corner Side
Setback, min.
(feet)
30 [2] [6]
APPLICABILITY Side Setback,
min. (feet) 15 [1] [6]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area, which can reasonably be expected to be
annexed by a municipality in the ensuing 10-20 years.
2. Water and sewer lines should exist at site or be assured
of installation as part of the development process.
3. Vehicular access must consist of direct access to a street
classified as either arterial or collector as designated by the
adopted Comprehensive Plan.
Rear Setback,
min. (feet) 15 [1] [6]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any required
front open space and shall also conform to all other
regulations.
[2] Any corner lot having an abutting interior lot on its side
street shall observe a front yard setback from both streets
provided, however, that this requirement does not reduce
the width suitable for a building on said lot to less than 25
feet. (See graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional
use.
Floor Area Ratio,
max.
R-CU [4] .076
NR .088 [5]
NR-CU .100 [5]
Required Open
Space Ratio, min.
R-CU
NR-CU .82
NR .83
Required Livability
Space Ratio, min. R-CU .70
Required
Recreation Space
Ratio, min.
R .056
R-CU .059
15 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language.
61
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
[5] Permitted non-residential uses existing as of 5/6/98 shall
be limited to a maximum floor area ratio of .141 in the RB,
AR, R-1, R-2, R-3, and R-4 zoning districts.
[6] Required setbacks for lots created through the Flexible
Development design process as detailed in Section 7.12 of
this Ordinance may be reduced by 25% with the
preservation of more than 33% open space for the project.
Under no circumstances shall any required setback be less
than 10 feet.
Gross Land Area,
min. (square feet)
R-CU
NR-CU 45,000
Required
Pedestrian/
Landscape Ratio,
min.
NR .208
NR-CU .205
R-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-2 District in Section 5.2, unless a Conditional Use (CU) or MPD-
CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 20,000 square feet, the density permitted on a given parcel is based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of
the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet. For Subdivisions utilizing the Flexible Development Option, the required wastewater
system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is
recorded and maintained within allowed open space areas. Under the Flexible Development Option required
minimum lot size shall be based on proposed wastewater disposal and percentage of open space. Please refer to
Section 7.12 for more information 16
6.5. Proposed subdivisions are subject to all applicable subdivisi on standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provide d.
76.. Subdivisions utilizing the conventional design process and/or 17proposing private roads are subject to larger
setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4
for additional requirements. Refer to Section 7.8.5 for private road standards.
8.7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building
that conforms to applicable building code and zoning regulations or if s uch building is a legal non-conforming use.
16 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
17 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
62
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
R-3
MEDIUM INTENSITY
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Conventional
Subdivision
Process
(Article 7)
15,000
Flexible
Development
Subdivision
Process
(Section 7.12)
Proposed
Open
Space
Allowable
Minimum Lot
Size
335018-
59% 15,000
60% and
over 10,000
PURPOSE
Lot Width, min.
(feet)
Conventional
Subdivision Process
(Article 7)
100
The purpose of the Medium Intensity Residential (R-3)
District is to provide locations for moderate intensity
residential development and supporting recreational,
community service and educational uses in areas where
urban services are available or are to be provided as part
of the development process.
Flexible Development
Subdivision Process
(section 7.12)
70
Front Setback
from ROW,
min. (feet)
30 [1] [6]
Corner Side
Setback, min.
(feet)
30 [2] [6]
APPLICABILITY Side Setback,
min. (feet) 15 [1] [6]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area, which can reasonably be expected to be
annexed by a municipality in the ensuing 10-20 years.
2. Water and sewer lines should exist at site or be ass ured
of installation as part of the development process.
3. Vehicular access must consist of direct access to a
street classified as either arterial or collector as designated
by the adopted Comprehensive Plan.
Rear Setback,
min. (feet) 15 [1] [6]
Height, max.
(feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
required front open space and shall also conform to all
other regulations.
[2] Any corner lot having an abutting interior lot on its side
street shall observe a front yard setback from both streets
provided, however, that this requirement does not reduce
the width suitable for a building on said lot to less than 25
feet. (See graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one
foot increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional
use.
[5] Permitted non-residential uses existing as of 5/6/98
shall be limited to a maximum floor area ratio of .141 in the
RB, AR, R-1, R-2, R-3, and R-4 zoning districts.
[6] Required setbacks for lots created through the Flexible
Floor Area
Ratio, max.
R-CU [4] .100
NR .088 [5]
NR-CU .100 [5]
Required Open
Space Ratio,
min.
R-CU
NR-CU .80
NR .81
Required
Livability
Space Ratio,
min.
R-CU .65
Required
Recreation
Space Ratio,
min.
R .074
R-CU .077
18 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language.
63
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
Development design process as detailed in Section 7.12 of
this Ordinance may be reduced by 25% with the
preservation of more than 33% open space for the project.
Under no circumstances shall any required setback be less
than 10 feet.
Gross Land
Area, min.
(square feet)
R-CU
NR-CU 30,000
Required
Pedestrian/
Landscape
Ratio, min.
NR .203
NR-CU .20
R-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-3 District in Section 5.2, unless a Conditional Use (CU) or MPD-CZ
District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 15,000 square feet, the density permitted on a given parcel is based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of the
allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located.
Refer to Section 4.2.5 for a breakdown of the allowable impervious surfa ce area.
5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provided.
6. Subdivisions utilizing the conventional design process and/or 19proposing private roads are subject to larger setbacks and
minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional
requirements. Refer to Section 7.8.5 for private road standards.
7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that
conforms to applicable building code and zoning regulations or if such building is a legal non -conforming use.
19 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
64
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
R-4
MEDIUM INTENSITY
RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min.
(square feet)
Standard Lot
Size –
Conventional
Subdivision
Process
(Section
7.12):20
10,000
Lot Size
Flexible
Development
Subdivision
Process
(Section
7.12)21
Proposed
Open
Space
within
subdivision:
Allowable
Minimum
Lot Size
(sq. ft.):
60% and
over 10,000
PURPOSE Lot Width, min.
(feet) 75
The purpose of the Medium Intensity Residential (R-4)
District is to provide locations for moderate intensity
residential development and supporting recreational,
community service and educational uses in areas
where urban services are available or are to be
provided as part of the development process.
Front Setback from
ROW, min. (feet) 25 [1]
Corner Side
Setback, min. (feet) 25 [2]
APPLICABILITY Side Setback, min.
(feet) 10 [1]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan
as a Transition Area, which can reasonably be
expected to be annexed by a municipality in the
ensuing 10-20 years.
2. Water and sewer lines should exist at site or be
assured of installation as part of the development
process.
3. Vehicular access must consist of direct access to a
street classified as either arterial or collector as
designated by the adopted Comprehensive Plan.
Rear Setback, min.
(feet) 10 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any
required front open space and shall also conform to all
other regulations.
[2] Any corner lot having an abutting interior lot on its
side street shall observe a front yard setback from
both streets provided, however, that this requirement
does not reduce the width suitable for a building on
Floor Area Ratio,
max.
R-CU [4] .141
NR .123[5]
NR-CU .141 [5]
Required Open
Space Ratio, min.
R-CU NR-
CU .78
NR .79
20 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language.
21 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language.
65
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
said lot to less than 25 feet. (See graphic in Section
6.2.7).
[3] Two feet of additional height shall be allowed for
one foot increase of the required front and side
setbacks.
[4] R = residential, NR = non-residential, CU =
conditional use.
[5] Permitted non-residential uses existing as of 5/6/98
shall be limited to a maximum floor area ratio of .141
in the RB, AR, R-1, R-2, R-3, and R-4 zoning districts.
[6] Required setbacks for lots created through the
Flexible Design Subdivision process, as detailed in
Section 7.12 or this Ordinance, may be reduced by
25% with the preservation of more than 33% open
space for the project. Under no circumstances shall
any required setback be less than 10 feet.22
Required Livability
Space Ratio, min. R-CU .54
Required
Recreation Space
Ratio, min.
R .111
R-CU .114
Gross Land Area,
min. (square feet)
R-CU NR-
CU 15,000
Required
Pedestrian/
Landscape Ratio,
min.
NR .198
NR-CU .195
R-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-4 District in Section 5.2, unless a Conditional Use (CU) or MPD-
CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 10,000 square feet, the density permitted on a given parcel is based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of
the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of proper ty).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provided.
6. Subdivisions utilizing the conventional design process and/or 23proposing private roads are subject to larger
setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4
for additional requirements. Refer to Section 7.8.5 for private road standards.
7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building
that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use.
22 Text added to reflect November 21, 2016 Quarterly Public Hearing Language.
23 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
66
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
R-5
HIGH INTENSITY RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet) 7,500
PURPOSE Lot Width, min. (feet) 50
The purpose of the High Intensity Residential (R-5) District is to
provide locations for high intensity residential development and
supporting recreational community, service, or educational uses
in areas where the full range urban services are available.
It is further intended that these districts be used to promote
economically mixed housing developments and to contribute to
the provision of a range of housing types for lower income
households.
Front Setback from
ROW, min. (feet) 20 [1]
Corner Side Setback,
min. (feet) 20 [2]
APPLICABILITY Side Setback, min.
(feet) 10 [1]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area which can reasonably be annexed by a
municipality in the ensuing 10-20 years, or within the Chapel Hill
Joint Planning Area located at an Activity Node designated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be assured of
installation as part of the development process.
3. Vehicular access must consist of direct access to a street
certified either arterial or collector as designated by the adopted
Comprehensive Plan.
4. The full range of urban services exist or are proposed at the
time of the development including fire, police, recreation,
education, commercial and cultural activities.
Rear Setback, min.
(feet) 10 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any required
front open space and shall also conform to all other regulations.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width
suitable for a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use.
Floor Area Ratio, max.
R [4]
NR .174
R - CU
NR - CU .200
Required Open Space
Ratio, min.
R
NR .77
R-CU
NR-CU .76
Required Livability
Space Ratio, min.
R
R-CU .52
Required Recreation
Space Ratio, min.
R .197
R-CU .200
Gross Land Area, min.
(square feet)
R-CU
NR-CU 10,000
Required Pedestrian/
Landscape Ratio, min.
NR .195
NR-CU .19
R-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-5 District in Section 5.2, unless a Conditional Use (CU) or MPD-
CZ District is approved (see Section 3.8).
67
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
2. Development within the zoning district shall be subject to all applica ble use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. While the Minimum Lot Size may be 7,500 square feet, the density permitted on a given parcel is based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of
the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provided.
6. Subdivisions utilizing the conventional design process and/or 24proposing private roads are subject to larger
setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Ref er to Section 7.8.4
for additional requirements. Refer to Section 7.8.5 for private road standards.
7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building
that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use.
24 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
68
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
R-8
HIGH INTENSITY RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet) 5,000
PURPOSE Lot Width, min. (feet) 50
The purpose of the High Intensity Residential (R-8) District is to
provide locations for high intensity residential development and
supporting recreational community, service, or educational uses
in areas where the full range urban services are available.
It is further intended that these districts be used to promote
economically mixed housing developments and to contribute to
the provision of a range of housing types for lower income
households.
Front Setback from
ROW, min. (feet) 20 [1]
Corner Side Setback,
min. (feet) 20 [2]
APPLICABILITY Side Setback, min.
(feet) 8[1]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area which can reasonably be annexed by a
municipality in the ensuing 10-20 years, or within the Chapel Hill
Joint Planning Area located at an Activity Node designated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be assured of
installation as part of the development process.
3. Vehicular access must consist of direct access to a street
certified either arterial or collector as designated by the adopted
Comprehensive Plan.
4. The full range of urban services exist or are proposed at the
time of the development including fire, police, recreation,
education, commercial and cultural activities.
Rear Setback, min.
(feet) 8 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any required
front open space and shall also conform to all other regulations.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width
suitable for a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use.
Floor Area Ratio, max.
R [4]
NR .246
R - CU
NR - CU .283
Required Open Space
Ratio, min.
R NR .75
R-CU
NR-CU .74
Required Livability
Space Ratio, min.
R .49
R-CU .48
Required Recreation
Space Ratio, min.
R .296
R-CU .299
Gross Land Area, min.
(square feet)
R-CU
NR-CU 7,000
Required Pedestrian/
Landscape Ratio, min.
NR .088
NR-CU .185
R-8 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-8 District in Section 5.2, unless a Conditional Use (CU) or MPD-
CZ District is approved (see Section 3.8).
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
69
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
3. While the Minimum Lot Size may be 5,000 square feet, the density permitted on a given parcel is based on the
Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.4 for a breakdown of
the allowable density (i.e., the number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provided.
6. Subdivisions utilizing the conventional design process and/or 25proposing private roads are subject to larger
setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4
for additional requirements. Refer to Section 7.8.5 for private road standards.
7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building
that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use.
25 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
70
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
R-13
HIGH INTENSITY RESIDENTIAL
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet) 3,000
PURPOSE Lot Width, min. (feet) 50
The purpose of the High Intensity Residential (R-13) District is
to provide locations for high intensity residential development
and supporting recreational community, service, or educational
uses in areas where the full range urban services are available.
It is further intended that these districts be used to promote
economically mixed housing developments and to contribute to
the provision of a range of housing types for lower income
households.
Front Setback from
ROW, min. (feet) 20 [1]
Corner Side Setback,
min. (feet) 20 [2]
APPLICABILITY Side Setback, min.
(feet) 8[1]
This district will usually be applied where the following
conditions exist:
1. Designated by the adopted Comprehensive Plan as a
Transition Area which can reasonably be annexed by a
municipality in the ensuing 10-20 years, or within the Chapel Hill
Joint Planning Area located at an Activity Node designated by
the adopted Comprehensive Plan.
2. Water and sewer lines should exist at site or be assured of
installation as part of the development process.
3. Vehicular access must consist of direct access to a street
certified either arterial or collector as designated by the adopted
Comprehensive Plan.
4. The full range of urban services exist or are proposed at the
time of the development including fire, police, recreation,
education, commercial and cultural activities.
Rear Setback, min.
(feet) 8 [1]
Height, max. (feet) 25 [3]
DIMENSIONAL STANDARDS NOTES:
[1] Accessory structures shall not be erected in any required
front open space and shall also conform to all other regulations.
[2] Any corner lot having an abutting interior lot on its side street
shall observe a front yard setback from both streets provided,
however, that this requirement does not reduce the width
suitable for a building on said lot to less than 25 feet. (See
graphic in Section 6.2.7).
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
[4] R = residential, NR = non-residential, CU = conditional use.
Floor Area Ratio, max.
R [4] .348
R - CU
NR - CU .400
Required Open Space
Ratio, min.
R
R-CU
NR - CU
.72
Required Livability
Space Ratio, min.
R .45
R-CU .44
Required Recreation
Space Ratio, min.
R .494
R-CU .497
Gross Land Area, min.
(square feet)
R-CU
NR-CU 5,000
Required Pedestrian/
Landscape Ratio, min. NR-CU .18
R-13 DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the R-13 District in Section 5.2, unless a Conditional Use (CU) or MPD-
CZ District is approved (see Section 3.8).
2. Non-residential uses are permitted only as a Conditional Use (CU) District in the R-13 district.
71
Article 3: Base Zoning Districts
Section 3.3: Residential Districts
3. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
4. The density permitted on a given parcel is based on the Watershed Protection Overlay District in which the property
is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual dwellings
that can be developed on a parcel of property).
5. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7
provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table
depending upon the type of subdivision proposed and the percentage of open space provided.
7. Subdivisions utilizing the conventional design process and/or26 proposing private roads are subject to larger setbacks
and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional
requirements. Refer to Section 7.8.5 for private road standards.
8. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building
that conforms to applicable building code and zoning regulations or if such building is a legal non-conforming use.
26 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
72
Article 4: Overlay Zoning Districts
Section 4.3: Special Flood Hazard Area (SFHA)
Orange County, North Carolina – Unified Development Ordinance Page 4-11
4.2.9 Water Supply / Sewage Disposal Facilities
T ABLE 4.2.9: WATER SUPPLY/SEWAGE DISPOSAL FACILITIES
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA
UNIV-PW
Water supply and sewage treatment systems shall be limited to individual wells and on-site
septic tanks systems or individual on-site alternative disposal systems. No off-site systems
shall be permitted.
All Other Watershed
Overly Districts
For parcels created through the Conventional Subdivision process as detailed in Article 7 of
this Ordinance septic and repair area shall be located in lot.27 Off-site individual septic
systems associated with parcels created through the Flexible Development Subdivision as
outlined in Section 7.12 of this Ordinance must be contained within Common Open Space
and approved by the Orange County Environmental Health Department.
UNIV-CA
New septic tanks and their nitrification fields shall be located outside of any stream buffers,
or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS
Quadrangle maps, whichever is further
CANE-CA
U-ENO-CA
New septic tanks, pump tanks and their appurtenances shall be located outside of any
stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the
USGS Quadrangle maps, and at least 150 feet from a reservoir.
New nitrification fields shall be located outside of any stream buffers and at least 100 feet
from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at
least 300 feet from a reservoir.
CANE-PW
CANE-CA
U-ENO-CA
Water supply and sewage treatment systems shall be limited to individual wells and septic
tanks or individual on-site alternative disposal systems; provided however, off-site systems
shall be permitted when located in a Flexible Development subdivision approved in
accordance with Section 7.13 of this Ordinance.
UNIV-PW
CANE-PW
U-ENO-PW
HYCO-PW
LITTLE-PW
BACK-PW
HAW -PW
JORDAN-PW
L-ENO-PW
FLAT-PW
New septic tanks and their nitrification fields shall be located outside of any stream buffers
and at least 100 feet from a perennial or intermittent stream as shown on the USGS
Quadrangle maps.
SECTION 4.3: SPECIAL FLOOD HAZARD AREA (SFHA)
4.3.1 Intent
The intent of this overlay district is to promote public health, safety, and general welfare and to
minimize public and private losses due to flood conditions within flood prone areas by provisions
designed to:
(A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion, flood heights
or velocities;
(B) Require that uses vulnerable to floods, including facilities, which serve such uses, be
protected against flood damage at the time of initial construction;
27 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
73
Article 7: Subdivisions
Section 7.2: Classification of Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 7-2
7.2.1 Exempt Subdivisions
(A) In accordance with North Carolina General Statutes, the following activities do not
constitute a subdivision and are expressly exempt from established review and approval
processes, provided that the property’s exempt status is confirmed in accordance with
the procedures detailed in Article 2:
(1) The combination or recombination of portions of previously subdivided and
recorded lots if the total number of lots is not increased and the resultant lots are
equal to or exceed the standards of the County, including private road
justification standards, as detailed within this Ordinance.
(2) The division of land into parcels greater than ten acres if no street right-of-way
dedication is involved.
(3) The public acquisition by purchase of strips of land for widening or opening
streets.
(4) The division of a tract in single ownership of the entire area of which is no greater
than two acres into not more than three lots, if no street right-of-way dedication is
involved and if the resultant lots are equal to or exceed the standards of the
County as detailed within this Ordinance.
(B) Exempt subdivision shall be required to meet all applicable requirements for the granting
of zoning and building permits.
7.2.2 Minor Subdivisions
A subdivision shall be classified as “minor” if it does not:
(A) Create more than:
(1) Five lots, including the residual acreage, following the Conventional subdivision
design model; or
(2) Twelve lots, including the residual acreage, following the Flexible Development
subdivision design model, from any one tract of land in any ten year period;.28
(B) Dedicate or improve any new public street other than widening an existing public street;
(C) Extend public water and/or sanitary sewerage systems other than laterals to serve
individual lots; and
(D) Necessitate the installation of drainage improvements which would require easements
through one or more lots to serve other lots.
7.2.3 Major Subdivisions
(A) A major subdivision is any subdivision that is not an Exempt or Minor subdivision, as
classified in subsections 7.2.1 and 7.2.2. Major subdivisions are further classified as
follows:
(1) Major Subdivision, Standard
All subdivisions not classified as an Exempt Subdivision; Minor Subdivision;
Major Subdivision, Class A Special Use; or Major Subdivision, Conditional Use.
(2) Major Subdivision, Class A Special Use, Rural Designated
A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 21-40 lots.
(3) Major Subdivision, Class A Special Use, Urban Designated
28 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
74
Article 7: Subdivisions
Section 7.3: Phasing of Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 7-3
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 21-79 lots.
(4) Major Subdivision, Conditional Use, Rural Designated
A tract of land in a Rural Designated area on the Growth Management System
map that is proposed for a subdivision of 41 or more lots.
(5) Major Subdivision, Conditional Use, Urban Designated
A tract of land in an Urban Designated area on the Growth Management System
map that is proposed for a subdivision of 80 or more lots.
(B) For the purpose of determining whether a subdivision is a Major Subdivision, Class A
Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Conditional
Use District (Rural Designated or Urban Designated), the number of lots created shall be
determined by counting the cumulative number of lots created, through subdivisions, on a
tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land
Records of Orange County as of November 5, 2003.
SECTION 7.3: PHASING OF SUBDIVISIONS29
(A) A major subdivision may be developed in phases, provided that:
(A)(1) Each phase contains at least five lots, unless depicted on a phasing plan
approved by the Board of County Commissioners as part of the preliminary
subdivision plat with the express determination that the proposed phasing makes
it unlikely that a subdivider would willingly abandon a final phase that contains a
required extension of a road or other infrastructure;
(B)(2) The degree and extent of road, water supply, sewage disposal, stormwater
management, erosion and sedimentation control, and other required
improvements in the phase and previously approved phases is sufficient to serve
or handle all development within the phase;
(C)(3) The number of lots and amount of 100% of required open space in the phase
and any previously approved phases is proportional shall be dedicated with the
recordation of the first lot; and30
(D)(4) A phasing plan showing the phases of development and the requirements of this
Ordinance that will be satisfied in each phase is approved by the Board of
County Commissioners as part of the preliminary plat.
(E)(B) A minor subdivision utilizing the Flexible Development Option may be developed in
phases, provided that:
(A)(1) The degree and extent of road, water supply, sewage disposal, stormwater
management, erosion and sedimentation control, and other required
improvements in the phase and previously approved phases is sufficient to serve
or handle all development within the phase;
(B)(2) The number of lots and amount 100% of required open space in the phase and
any previously approved phases is proportional shall be dedicated with the
recordation of the first lot; and 31
(C)(3) A phasing plan showing the phases of development and the requirements of this
29 Section 7.3 was reformatted to be more consistent with UDO formatting.
30 Text removed/revised to reflect November 21, 2016 Quarterly Public Hearing Language.
31 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
75
Article 7: Subdivisions
Section 7.4: Improvements and Performance Guarantees
Orange County, North Carolina – Unified Development Ordinance Page 7-4
Ordinance that will be satisfied in each phase is approved by the Planning
Director as part of the preliminary final plat.32
SECTION 7.4: IMPROVEMENTS AND PERFORMANCE GUARANTEES
7.4.1 Generally
(A) Improvements proposed by the subdivider or required by this Ordinance, shall be
constructed in accordance with the standards and requirements provided in this
Ordinance.
(B) In those instances where said improvements are required to be constructed subsequent
to the approval of the Final Plat, plans and specifications for said improvements shall be
approved by the appropriate agency and reference to said improvements shall be made
part of the Final Plat.
7.4.2 Improvements Required
(A) Subdividers are responsible for the construction, installation, and maintenance of
required improvements in accordance with the standards in this Ordinance in addition to
any applicable federal, state, or county standards to include, but not be limited to, the
following:
(1) All roads within the subdivision and improvements to existing roads required for
safe and adequate access to the subdivision;
(2) Road signs;
(3) Water supply and wastewater systems, other than individual wells and septic
tanks;
(4) Drainage facilities and easements;
(5) Stormwater management devices;
(6) Erosion and sedimentation control devices;
(7) Low-impact (passive) and active recreation amenities;
(8) Fire suppression management facilities;
(9) Common Open Space, Recreation or Landscape management improvements,
areas, and facilities; and
(10) Any other on- or off-site improvements required by this Ordinance or required at
the time of preliminary plat approval.
(B) If the subdivider records a plat for only a portion of the subdivision for which a preliminary
plat was approved, the improvements required to be constructed, installed, and
maintained in accordance with said recorded plat shall be those improvements that the
Planning Director deems necessary to serve the lots shown on the recorded plat.
7.4.3 Completion of Improvements
(A) The Planning Director shall not approve a final plat presented for recordation until:
(1) All required improvements have been completed.
(2) All legal documents shall be submitted, reviewed and approved by the Orange
County Attorney, or
(3) A performance guarantee has been provided in accordance with the provisions
detailed herein.
32 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
76
Article 7: Subdivisions
Section 7.4: Improvements and Performance Guarantees
Orange County, North Carolina – Unified Development Ordinance Page 7-6
7.4.5 Maintenance of Required Improvements
Improvements installed as a requirement of subdivision approval shall be maintained by the
subdivider until they are accepted for maintenance by NC DOT, a utility provider, the individual
homeowner, or a Home Owners’ or Property Owners’ association.: 33
(A) the North Carolina Department of Transportation; utility provider; individual
homeowner; Homeowners’ or Property Owners’ association.34
7.4.6 Property Owners’ Association
(A) Where a neighborhood, property owners’, or homeowner’s association or similar legal
entity is to be responsible for the maintenance and control of any improvements required
as part of subdivision approval, the subdivider shall file, with the Planning Department
and record with the final plat, a declaration of covenants and restrictions, articles of
incorporation, where required, and/or by-laws as approved by the County Attorney that
will govern the maintenance and control of such improvements. Provisions shall include
but not be limited to the following:
(1) The association shall be established before any homes are sold and/or any
building occupied;
(2) Membership shall be mandatory for each home buyer and all successive buyers;
(3) The association shall be responsible for liability insurance, local taxes and
maintenance of recreation, Common Open Space areas, and other facilities,
including streets and utility lines;
(4) The homeowners must pay their pro-rated share of the costs, and any sums
levied by the association that remain unpaid shall become a lien on the individual
homeowner's property which shall be subordinate only to tax and mortgage liens;
(5) If all or any portion of the property held by the association is being disposed of, or
if the association is dissolved, adequate recreation space shall be deeded to
Orange County or the appropriate unit of local government to satisfy the public
recreation space required by this Ordinance;
(6) The lot owner of each dwelling unit or lot shall have voting rights in the
association; and
(7) The homeowners association shall be able to adjust any assessments to meet
changed needs.
(B) When articles of incorporation are required, they shall be submitted in the form in which
they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the
articles of incorporation shall be provided to the Planning Department .
7.4.7 Assumption of Maintenance Responsibilities by Property Owner’s Association
In those instances where a property owner’s association, as detailed within subsection 7.4.6, is to
assume maintenance responsibility for improvements within the subdivision, the following process
shall be adhered to:
(A) The subdivider shall be required to submit to the Planning Department, in writing,
notification that he or she intends to transfer maintenance responsibilities to an
established property owner’s association.
(B) The subdivider shall coordinate and schedule a joint meeting with Planning Department
staff and property owner’s association members and officers to review the status of all
required improvements and outline the association’s perpetual maintenance
33 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language.
34 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
77
Article 7: Subdivisions
Section 7.5: Subdivision Agreements
Orange County, North Carolina – Unified Development Ordinance Page 7-8
(1) Arranged for County inspection of the improvements,
(2) Submitted to the County an acceptable estimate of the costs necessary to correct
any deterioration or defects discovered by the inspection, and
(3) Increased the amount of the security by the amount of said estimate.
(F) The subdivider shall pay a fee in accordance with the Fee Schedule adopted by the
Board of County Commissioners at the time of the initial posting of the guarantee and for
each subsequent renewal or extension to cover the County’s administrative costs.
SECTION 7.5: SUBDIVISION AGREEMENTS
(A) The subdivider of all minor and major subdivisions shall record a subdivision agreement
outlining the limitations associated with the development of created lots at the Orange
County Register of Deeds at the same time the Final Plat is recorded.
(B) The purpose of the subdivision agreement is to provide detail on various development
limitations that will regulate the overall development of property consistent with the
approval of the subdivision.
(C) This subdivision agreement shall, at a minimum, outline the following development
criteria for property within the subdivision:
(1) Required development setbacks for lots within the project,
(2) Impervious surface limits for the lots within the development,
(3) The presence of identified environmental features (i.e. stream buffers, flood plain,
wetlands, etc) and an explanation on how development of the lot(s) is impacted,
(4) The presence of identified cultural features listed by the North Carolina Heritage
Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County" or "Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina",
(5) Identification of soil and septic limitations, if any, for each lot,
(6) Access restrictions for the project and individual lots,
(7) Limitations on land uses,
(8) Maintenance requirements for all roadways as well as references to the project’s
road maintenance agreement, if required, and
(9) Maintenance requirements for all Common Open Space areas.
SECTION 7.6: GENERAL DESIGN STAND ARDS
The avoidance of congestion and overcrowding and the creation of conditions essential to public health,
safety and the general welfare may be best accomplished through the application of design standards
providing for the distribution of population and traffic, safe and coordinated street systems, approved
water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as
recommended by the Planning Board and adopted by the Board of Commissioners. The following
general requirements and principles of land subdivision shall be observed:
7.6.1 Minimum Lot Size
(A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and
shall comply with all applicable development standards.
(B) Any lot which provides an easement for individual septic disposal for use by a separate
lot or deed shall conform with NC DHHS DPH Innovative Waste Water System approval
78
Article 7: Subdivisions
Section 7.6: General Design Standards
Orange County, North Carolina – Unified Development Ordinance Page 7-9
IWWS 2016-01.be adequately sized and approved by Orange County Environmental
Health. 35
7.6.2 Residential Density
The allowable density on a given parcel of property proposed for subdivision shall comply with the
residential maximum density requirements in Section 4.2.4.
7.6.3 Land Suitability
(A) In reviewing subdivision proposals, the Planning Department and Planning Board shall
consider the overall design of the subdivision with the suitability of the land for
development to insure that the platting and development of the subdivision will not create
a danger to the health, safety, and welfare of Orange County residents.
(B) Land suitability shall be determined by an investigation of conditions including but not
limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites,
maximum anticipated levels of land disturbance for the project and all proposed individual
lots, and unique natural areas. The investigations shall be carried out by the Planning
Board, the Planning Department, or other agencies or individuals having the appropriate
technical expertise.
(C) Special Flood Hazard Areas shall be considered during the review process.
(D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according
to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal
Systems, incorporated herein by reference.
(1) Each lot that does not contain a suitable building site shall be designated on the
plat as being of restricted development potential and by instrument recorded in
the Orange County registry as specifically prescribed by Section 7.134.3(E)(1) of
this Ordinance.36
(E) Drainage
(1) Soil suitability, including slope and drainage, shall also be evaluated according to
soil characteristics indicated by the Orange County Soil Survey and topography
indicated by the U.S. Geological Topographic Maps.
(2) Each lot shall contain a suitable building area safe from inundation and erosion.
(3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and
adjacent properties shall be protected from inundation by surface water.
(4) Roads, driveways and utilities shall be protected from damage caused by
improper stormwater management.
(5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other
technical means may be used to achieve these drainage objectives. Natural
drainageways are a preferred means of stormwater run-off removal. The
characteristics (including capacity) of natural drainageways shall be protected.
(6) Runoff levels from the 25-year storm after the site is developed shall not be
greater than the rate of runoff on the same site in its natural state.
(7) In cases where anticipated land disturbance for the subdivision and the proposed
lots will cumulatively exceed established thresholds denoted within Section
6.14.5 of this Ordinance, a formal stormwater management plan shall be required
as part of the application submittal.
(F) Resource Protection
35 Text removed/revised to reflect November 21, 2016 Quarterly Public Hearing Language.
36 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language and correct UDO reference.
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(1) Applications for subdivision shall be evaluated by the Planning Department and
Planning Board for potential impairment of habitat of rare and endangered
species or unique natural areas.
(2) A strategy shall be developed to protect resources listed by the North Carolina
Heritage Program, or identified in "An Inventory of Sites of Cultural, Historic,
Recreational, Biological, and Geological Significance in the Unincorporated
Portions of Orange County" or "Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina".
(a) The strategy shall provide protection of identified natural and cultural
resources from impacts which could result from development of the
subdivision, and shall include one or more of the following:
(i) Dedication of conservation easements,;
(ii) Restrictive covenants prohibiting clearing or disturbance of the
resource areas,;
(iii) Dedication of resource areas to Orange County,;
(iv) Clustering of lots to minimize land disturbance,preserve the
special features of the property promote Common Open Space,
and preserve areas and other environmentally sensitive areas,
of the property,; and 37
(v) Other restrictions or development options which provide an
adequate level of protection.
(3) The Planning Department shall review available documentation of the particular
site and determine if the proposed strategy adequately protects the identified
resources.
(4) Maps, studies, and reports which are relevant to this section shall be maintained
by the Planning Department.
SECTION 7.7: LOTS
7.7.1 Generally
All lots shall conform to all of the requirements of this Ordinance for the zoning district and any
overlay district in which they are located.
7.7.2 Shape and Orientation
(A) The shape and orientation of lots shall be appropriate to the location of the subdivision
and the development intended.
(B) Interior lot lines extending from a street should be approximately perpendicular or radial
to the street right of way line.
(C) Lot lines shall be located to permit efficient installation and maintenance of utility lines on
utility easements, to maximize buildable area, and, where applicable, to provide a
suitable area for septic systems.
(D) Commercial and industrial lots shall be of sufficient size to include off street service
facilities, and off street parking of all vehicles used by all patrons and employees.
7.7.3 Relationship to Street
(A) Each lot shall abut a publicly dedicated street except in subdivision approved with private
roads. In the latter situation, each lot must abut a private road or a state maintained road
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Section 7.7: Lots
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which is shown on the approved plat and constructed pursuant to the standards set by
Orange County.
(B) Upon recommendation of the Planning Board and approval of the County
Commissioners, the construction of the access road may be postponed until building or
market development is undertaken.
(1) In this case the lots shall be designated on the plat: "This lot may not be sold,
nor a building permit issued, until the access road has been built as specified for
this subdivision."
(C) Except where reverse frontage is desirable, double frontage lots should be avoided.
7.7.4 Flag Lots
(A) Intent
Orange County discourages and restricts forming flag lots. A flag lot shall be permitted if
necessary to allow a property owner reasonable use and benefit from his/her land or to
alleviate situations which would otherwise cause extreme hardship for him/her.
(B) Lot Standards
Flag lots are allowed only:
(1) Where necessary to eliminate access onto arterials (See Fig. 7.7.4.B, Diagram
1);
(2) To reasonably utilize irregularly shaped land (See Fig. 7.7.4.B, Diagram 2);
(3) To reasonably utilize land with difficult topography (See Fig. 7.7.4.B, Diagram 3);
and
(4) To reasonably utilize land with limited sites suitable for septic tank nitrification
fields (See Fig. 7.7.4.B, Diagram 4);
(5) Where it is unlikely that a road created in lieu of a flag lot would ever be
extended, or otherwise needed to provide access to adjoining parcels; or38
(6) To provide for the protection of significant natural or cultural resources; and39
(7) To provide access and/or street frontage for Common Open Space areas.
38 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language.
39 Text added to reflect November 21, 2016 Quarterly Public Hearing Language.
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Figure 7.7.4.D: Flag Lot Measurement Standards
(E) The maximum length allowed on any flag lot is 700 feet.
(1) The lot width and street frontage of a flag lot may be reduced to 35 feet.
(2) The Planning Director may approve further reductions to a minimum of 20 feet
where topographical conditions permit the construction of an adequate driveway
within that width.
(3) The Planning Director may also require greater widths where necessary to insure
adequate access.
(F) All flag lots created after October 3, 1988 shall be composed of contiguous land area,
and that area shall not be divided by street right of way or other lots. A private road
easement may divide a new lot only if all of the following criteria are met:
(1) The land underlying the easement in the same ownership as the remainder of the
lot; and
(2) The proposed easement contains an existing road or driveway which is to be
used for access to new lots; OR the proposed easement if located along a
property line will have an irregular shape; and
(3) The minimum lot area requirement can be met on one side of the road easement
but not both sides.
(G) Those lots with land area divided by a public road right-of-way prior to October 3, 1988
shall not be further subdivided in a manner which creates any additional lots with divided
area.
(H) For the purpose of these standards, properties created as Common Open Space areas
shall not be considered flag lots.40
(H) The regulations of Section 7.7.4 do not apply to flag lots that contain Common Open
Space.41
SECTION 7.8: ACCESS AND ROADWAYS
7.8.1 Streets and Common Open Space – General Standards
(A) Consistency with Comprehensive Plan
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41 Text added to reflect November 21, 2016 Quarterly Public Hearing Language.
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(2) They would satisfy other requirements for addition to the State maintenance
system, including, but not limited to, the general density standard of at least two
occupied residences for each one-tenth of a mile of subdivision street.
If, upon review of a subdivision plat, it is determined that the general density standard is
met, but a design standard is not, a re-design will be required where possible. For
example, if the number of lots proposed along a subdivision street would clearly satisfy
the density standard, but the street design was such that the centerline radius did not
meet the minimum standard of 230 feet for level land, a new street design would be
required. Another example is a situation where a landscaped island or entrance median
prevents acceptance of the street for maintenance.
The State’s criteria and standards are identified in the following publications: Subdivision
Roads - Minimum Construction Standards and Traditional Neighborhood Development
(TND) Guidelines, prepared by and available from the N.C. Department of
Transportation; or
(B) The subdivision streets extend existing streets which are public; or
(C) The subdivision streets are part of a development which is located in an area designate d
as Urban or Transition by the Orange County Comprehensive Plan; or
(D) A proposed street is designated as an arterial or collector on an approved Thoroughfare
Plan for a municipality or in the Orange County Comprehensive Plan; or
(E) The subdivision streets are part of a non-residential development consisting of office,
retail, industrial, and similar businesses, each located on a separate lot. This provision
shall only apply to that portion of a subdivision being developed for non- residential
purposes.
7.8.3 Public Streets - Construction Standards
Public dedicated streets must meet the minimum construction standards as adopted by the N.C.
Department of Transportation for acceptance of streets as additions to the State Highway
System.
7.8.4 Private Roads – When Permitted
(A) A private road utilizing the in a Conventional Subdivision Option design model 42shall be
deemed justified for a minor subdivision resulting in no more than three lots provided:
(1) No new lots have been created from the parent tract, through subdivision or other
manner exempted from subdivision regulations, since the more recent:
(a) Date of adoption of this provision (September 18, 2001); or
(b) Ten years from the date of recordation of the parent tract if the lot being
subdivided was created using the three-lot private road justification
provision.
The parent tract, for the purpose of this provision, is the lot or tract of land that is
being subdivided.
(2) All resulting lots meet the minimum lot area per dwelling unit and maximum
density requirements for the zoning district, including any overlay district, in
which the subdivision is located.
(B) A minor residential subdivision of three or fewer lots shall be encouraged to provide a
private access easement for one adjacent lot to access the private road in order to
reduce the number of access points on a public road.
42 Text revised/removed to reflect November 21, 2016 Quarterly Public Hearing Language.
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(C) Minor Subdivisions utilizing the Flexible Development Option may shall 43comply with
Common Open Space requirements as detailed in Section 7.12 in lieu of the private road
justification requirements and standards listed in this sSubsection,44 7.8.4.
(D) For all other subdivisions the Planning Board and the Board of County Commissioners (in
the case of major subdivisions) and Planning staff (in the case of minor subdivisions)
shall consider the design features in this sSubsection (7.8.4) 45when determining whether
to permit private roads.
(E) There is no right to a private road in any subdivision containing more than three lots.
(F) At a minimum, a private road may be justified if the subdivision meets standards of (1)
below and at least two other design features (2 through 7) listed below.
(1) The location and design of the subdivision is such that it clearly preserves the
rural character of the County through:
(a) The provision of lot sizes and building setbacks significantly greater than
those required by the zoning district in which the proposed subdivision is
located, including any overlay district requirements, in accordance with
the following standards:
(i) Lot Sizes – Conventional Subdivision
a. All lots in the subdivision must be at least 80,000 square
feet if the minimum lot size or area per dwelling unit of
the zoning district is 40,000 square feet or less.
b. All lots must be at least 120,000 square feet (2.75 acres)
if the minimum lot size or area per dwelling unit of the
zoning district is 80,000 square feet.
c. All lots must be at least 130,680 square feet (three
acres) if the minimum lot size or area per dwelling unit of
the zoning district is 87,120 square feet (two acres).
d. All lots must be at least five acres for all other cases.
e. Minimum building setbacks for lots located on a private
road shall be twice those required.
(ii) Lot Sizes and Building Setbacks– Estate Lot 46Subdivisions
without Density Bonus
a. In zoning districts having a minimum lot size of 40,000
square feet:
i. All lots must be at least 80,000 square feet in
subdivisions providing 40% of Common Open
Space;47
ii. All lots must be at least 70,000 square feet in
subdivisions providing 41-49% or less Common
Open Space; 48
ii.iii. All lots must be at least 60,000 square feet in
subdivisions providing 50% or greater Common
Open Space.49
43 Text removed/revised to reflect November 21, 2016 Quarterly Public Hearing Language.
44 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
45 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
46 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language.
47 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language.
48 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
49 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
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b. In zoning districts having a minimum lot size of or area
per dwelling unit of 80,000 square feet or 87,120 square
feet or two acres: (87,120 square feet):50
i. All lots must be at least 130,680 square feet (3
acres) in subdivisions providing a minimum of
40% of Common Open Space;51
ii. All lots must be at least 90,000 square feet (2 .07
acres) in subdivisions providing 41-49%
Common open Open spaceSpace;52
iii. All lots must be at least 60,000 square feet (1.38
acres) in subdivisions providing 50% or greater
open space.
c. Minimum building setbacks for lots located on a private
road shall be twice those required.
(b) The retention and/or provision of landscaping and use of clustering of
dwelling units to:
(i) Screen the view of the subdivision from public roads,
(ii) Maintain a wooded or forested character,
(iii) Maintain scenic views, or
(iv) Preserve wildlife, botanical, historic, archaeological and/or
recreation sites; and/or
(c) The preservation of site features which directly enhance the special or
unique cultural, historical, archaeological or biological characteristics of
the immediate area as referenced in:
(i) “An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated
Portions of Orange County” or,
(ii) For historic sites, if the site is deemed eligible by the State
Historic Preservation Office for inclusion in the National Register
of Historic Places.
(2) The number, location and/or size of lots to be located in the subdivision are such
that, even if constructed to State standards, the streets would not be accepted by
the State for maintenance due to density or other State requirements.
(3) At least 50% of the site is to be dedicated and preserved through restrictive
covenants and contains recreation and/or open space areas of significant
botanical, wildlife, historic and/or archaeological sites as referenced in “An
Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological
Significance in the Unincorporated Portions of Orange County.”
(4) In subdivisions proposed to be located in a Watershed Protection Overlay
District, as designated in Section 4.2 of this Ordinance, stream buffers are
increased by at least 25% above those required by Section 6.13 of this
Ordinance and the impervious surface allowed is decreased by at least 15% to
allow greater infiltration of storm water runoff to prevent the pollution of water
supply reservoirs.
50 Text removed/revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
51 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
52 52 Text removed/revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
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Section 7.11: Recreational Facilities
Orange County, North Carolina – Unified Development Ordinance Page 7-32
(3) In no case shall the total land area be less than that required by application of the
provisions of Article 3 (Required Minimum Pedestrian/Landscape Ratio, as
shown on the Table of each zoning district) and Section 6.3 (Land Use Intensity
System) of this Ordinance.
7.11.3 Site Suitability
(A) Land provided or dedicated for active recreational purposes shall be of a character,
slope, and location suitable for use as for play areas, tennis courts, multi-purpose courts,
picnic areas, ball fields, and other similar recreation uses.
(B) Active recreation areas shall be located on land that is relatively flat (0 to 7-1/2% slopes),
free of wetlands and/or flood plains, free of easements for public utility transmission lines,
and is otherwise capable of accommodating active recreation uses.
(C) Land provided or dedicated for low impact recreation and open space purposes shall be
of a character, slope, and location suitable for use for walking, jogging, reading and
similar quiet activities, and the preservation of natural features and cultural resources
such as steep slopes, rock outcrops, native plant life and wildlife cover, mature
woodlands, and water resources.
(D) In all cases, active and low impact recreation sites as well as open space areas
designated in the adopted Comprehensive Plan shall be incorporated into the design of
the subdivision.
(E) Criteria for evaluating the suitability of proposed recreation areas shall include but not be
limited to the following:
(1) Location
(a) Land dedicated for recreation purposes shall be located so as to serve
the needs of the residents of the subdivision and the residents of the
immediate neighborhood within which the subdivision is located.
(b) As approved by 53DEAPR, the Orange County Parks and Recreation
Board, and BOCC, land dedicated for public recreation purposes shall
also maintain logical access to other private Common Open Space
areas.
(c) Recreation areas shall be located so as to provide, insofar as possible,
reasonable accessibility to all residents of the subdivision and residents
living in the immediate neighborhood.
(d) Recreation areas shall be located where more land more suited for
recreational purposes due to shape, level slopes and/or dry soil
conditions is present.
(e) Where proposed park sites are shown in the adopted Comprehensive
Plan, and a subdivision contains a portion of the park site, then the
developer may be required to locate the recreation area in accordance
with the park site as shown thereon.
(2) Unity
(a) Land dedicated for recreation purposes shall be a single parcel except
where it is determined that two or more parcels are suited to the needs of
a particular subdivision.
(b) The Planning Department and/or Planning Board may recommend, and
the Board of County Commissioners may require, the dedication of a
connecting path in addition to the land required in Section 7.11.2 above.
(i) Where a connecting path is necessary, a path right-of-way of up
53 53 Text removed to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
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Orange County, North Carolina – Unified Development Ordinance Page 7-39
(B) Allowed water supply and wastewater treatment systems are available for residential
service, and each lot is served by separate water supply and sanitary sewage
connections.
(C) The total number of lots proposed for the tract, excluding parcels of reserved Common
Open Space, is not greater than the number determined by dividing the gross land area
(excluding public and private road rights-of-way) by the minimum lot size required for the
Rural Buffer zoning district and Watershed Protection Overlay District requirements for
University Lake Watershed, if applicable.
(D) The Common Open Space reserved within the tract conforms to Section 7.11.
(E) Common Open Space shall not include areas devoted to public or private vehicular
streets.
7.12.4 Common Open Space Standards
(A) Minimum Required Lot Size and Common Open Space
(1) Where a subdivider elects to seek approval of a Major Subdivision utilizing the
Flexible Development Option as specified herein, at least 33% of the total land
area in the Flexible Development must be set aside as protected Common Open
Space.
(2) Where a subdivider elects to seek approval of a Minor Subdivision utilizing the
Flexible Development Option as specified herein, the development shall provide
at least:
(a) 33-39% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 43,560 square feet;
(b) 40-44% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 30,000 square feet;
(c) 5045-49% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 20,000 square feet;
OR
(d) 6050-59% of the total land area in Common Open Space areas for
subdivisions with a minimum residential lot size of 15,000 square feet.;
and
(H RUPRUHRIWKHWRWDOODQGDUHDLQ&RPPRQ2SHQ6SDFH
areas for subdivisions with a minimum residential lot size of
10,000 square feet.54
(3) Such Common Open Space shall meet the standards contained in this Section
unless the subdivider chooses to seek approval of a conventional subdivision as
specified herein.
(B) Planning for Common 55Open Space
(1) Common Open Space design in subdivision projects shall be planned as part of
a comprehensive project design.
(2) The long-term success of open space is improved when a layout is chosen with a
perspective of future usefulness, efficiency, connectivity and compatibility with
both existing development and other types of open spaces.
(3) Common Open Space is an important amenity for subdivision residents and an
essential part of the County’s character and environmental quality.
54 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language, style and grammar.
55
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(1) Primary Open Space Areas
(a) These areas have sensitive environmental features and/or significant
cultural resource areas, which may make them legally or practically
unbuildable.
(b) These areas are reserved for passive uses (e.g., forests, pastures,
meadows) and low impact active uses (e.g., trails, natural observation).56
(c)(b) These areas are the first open spaces to be chosen towards meeting the
minimum 33% requirement.
(d)(c) For Major and Minor Subdivisions utilizing the Flexible Design Option,
Secondary Open Space Areas may not be counted towards the 33%
requirement unless all potential Primary Open Space Areas, other than
those listed in (e) below, have been set aside.
(e)(d) Primary Open Space Areas include:
(i) Wetlands
Including, but not limited to, streams, creeks, ponds, reservoirs,
stormwater management facilities for watershed protection
purposes, and adjoining land areas identified as part of:
a. The National Wetlands Inventory Maps for the county,
prepared by the U.S. Fish and Wildlife Service;
b. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service;
c. The "Inventory of Natural Areas and Wildlife Habitats,"
as prepared by the Triangle Land Conservancy;
d. LANDSAT satellite data collected and analyzed under
the Albemarle-Pamlico Estuarine Study;
e. A required environmental assessment or environmental
impact statement; and/or
f. A site analysis conducted by a registered engineer, land
surveyor, landscape architect, architect or land planner
using data from the U.S. Army Corps of Engineers.
(ii) Floodplains (100-year) and Alluvial Soils
Identified as part of:
a. The "Flood Insurance Study: Orange County, N.C.,"
prepared by the Federal Emergency Management
Agency (FEMA); and
b. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service.
(iii) Steep Slopes
Defined as those greater than 25%, identified as part of:
a. The "Orange County, N.C. Soil Survey," prepared by the
U.S.D.A. Soil Conservation Service; and/or
b. A site analysis conducted by a registered engineer, land
surveyor, landscape architect, architect or land planner
and calculated using topographic maps from an actual
survey or from the U.S. Geological Survey.
(iv) Natural Areas and/or Wildlife Habitats
56 Text deleted to reflect November 21, 2016 Quarterly Public Hearing Language.
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As identified as part of:
a. The "Inventory of Natural Areas and Wildlife Habitats,"
as prepared by the Triangle Land Conservancy;
b. A required environmental assessment or environmental
impact statement; and/or
c. An independent site study conducted by a trained
botanist and/or biologist.
(v) Historic and Archaeological Sites
Listed on the National Register of Historic Places or included on
the state's national register study list, designated as a local
historic landmark, designated as a local historic district, and/or
identified as having a high potential for archaeological remains
as part of:
a. The "Chapel Hill Township Architectural Survey: Final
Report";
b. The "Orange County Multiple Property Documentation
Form: Historic Resources of Orange County";
c. "An Archaeological Survey of Portions of Orange
County, N.C.";
d. A required environmental assessment or environmental
impact statement; and/or
e. An independent site study conducted by a trained
architectural historian or archaeologist.
Where a historic or archaeological site is to be set aside as a
separate lot, and preserved and/or restored as part of a flexible
development, the entire area within the lot may be credited
toward meeting the minimum open space requirement.
(vi) Wildlife Corridors
As identified in the Orange County Comprehensive Plan.
(f)(e) A single, connected area of open space that meets one or more of the
definitions of Primary Open Space Area in (d) above may be expanded
by up to 20% of its area to provide an additional buffer.
Although the expanded area might not meet any other definitions of
Primary Open Space Area, it may be considered as such, except that:
(i) Expansion areas may not be, in turn, expanded under this
provision,
(ii) Expansion areas may not be selected as Primary Open Space
Area unless all site areas meeting any other Primary Open
Space Area definition have already been selected as open
space, and
(iii) Expansion areas must be in the same natural state as the
Primary Open Space Area that is being expanded.
(2) Secondary Open Space Areas
(a) If there is not enough Primary Open Space Area acreage on-site to meet
the mandatory open space requirement, and if there are no off-site
Primary Open Space areas proposed, then Secondary Open Space
Areas shall be used to complete the requirement.
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v. POSAs shall not be used to connect significant
habitat and wildlife open-space sections.
Wildlife corridors are for this purpose.
vi. All POSAs shall be connected to other types of
open space.
vii. In a Flexible Development subdivision, all
existing access ways shall, if practicable, be
connected into a single system.
viii. Flexible Subdivisions shall also have at least
one POSA and, when practicable, connect to at
least one outside edge of the subdivided
property, in order to preserve the ability to
connect the POSA with future, adjacent projects.
ix. POSAs may be used to satisfy up to 5% of the
33% open space requirement for flexible
development (for example, in a subdivision
containing 100 acres of total land area, up to
1.65 acres of the total POSA in the subdivision
would count towards meeting the 33% (33-acre)
open space requirement).
h. Roadside Buffers
Areas buffering public roads, when they are at least 75
feet in width, measured in one direction from the nearest
edge of the right-of-way may be considered Secondary
Open Space Areas.
i. Roadside buffers must be composed of
undisturbed natural vegetation or of enhanced
vegetation if enhanced vegetation is installed as
a condition of the approval.
i. Greenbelt Linkages
Areas that can be used as part of a connected greenbelt
path, within an approved County Greenbelt program.
(d) Size and Shape
Secondary Open Space Areas, to the extent possible, shall be part of
substantially sized and/or contiguously linked open space sections and
meet guidelines as stated in Section 7.12.8.57
(D) Access to Common Open Space
(1) General public accessibility to and within open space shall be encouraged
evaluated 58as follows:
(a) Primary Open Space Areas, due to their considerable recreation, scenic
and cultural public values, shall be made available for the use of the
public at large through access by public road. However, it will not be
feasible for public use to be provided in all cases (e.g. fragile cultural
sites, protected and/or private habitat areas, hazardous slopes and
wetlands).
57 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
58 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
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(2) Unless accepted for dedication or otherwise agreed to by the County, another
unit of local government, the state or a private nonprofit land conservancy, the
cost and responsibility of maintaining open space and any facilities located
thereon shall be borne by the property owner and/or homeowner's association.
7.12.5 Development Standards
Plats for Subdivisions utilizing the Flexible Development Option shall be prepared in accordance
with one or more of the following development options: Estate Lot Option; Conservation-Cluster
Option; Village Option.
(A) Estate Lot Option
For lots created as part of an estate lot development, the following standards apply:
(1) Each estate lot shall have a lot size of at least four acres.
(2) For each estate lot, a building envelope (buildable area) shall be defined of
sufficient size to accommodate a single-family detached dwelling and customary
accessory uses, including, but not limited to, storage buildings and garages,
patios and decks, lawns, and driveways, septic systems including repair areas
and well sites.
(3) The building envelope of an estate lot may not exceed 50% of the total lot area
and shall not include designated Primary and/or Secondary Open Space Areas.
(4) Only the area outside of the building envelope of an estate lot may be counted
toward meeting the minimum open space requirement. To the highest degree
possible, the open space area shall be contiguous to open space designated on
the adjacent lot(s) and shall not include required front yard and side yard
setbacks unless the front or side yard contains significant Primary or Secondary
Open Space Areas.
(5) A septic system repair area and/or well can be located within the Secondary
Open Space Area provided the land designated for the septic system and/or well
is not more than one quarter of the Secondary Open Space Area of the lot. No
septic system, repair area and/or well can be located in the Primary Open Space
Area of a lot.
(6) Each building envelope on an estate lot shall adhere to the following spacing
standards:
TABLE 7.13.4.A.67.12.5.A.659: BUILDING ENVELOPE SPACING STANDARDS
FOR ESTATE LOTS
Minimum spacing between building envelopes on adjacent lots 100 feet
Minimum spacing between building envelope and subdivision boundary or off-site
public street right-of-way 150 feet
Minimum spacing between building envelope and on-site public or private street
right-of-way 50 feet
Minimum spacing between building envelope and any other lot line 30 feet
Minimum spacing between building envelope and wetland or water bodies (lakes,
ponds, streams, etc.) 100 feet
(7) Provided the arrangement, design, and shape of estate lots is such that lots
provide satisfactory and desirable sites for building; contribute to the preservation
of designated Primary and/or Secondary Open Space Areas; provide convenient
access for emergency service vehicles; and satisfy all building envelope spacing
standards, the minimum required lot frontage may be reduced to not less than 20
feet for flag lots, and lots fronting on culs-de-sac and "T" turnarounds.
59 Text revised to provide UDO consistency.
91
Article 7: Subdivisions
Section 7.12: Flexible Developments
Orange County, North Carolina – Unified Development Ordinance Page 7-48
(8) Estate lots shall be restricted against further subdivision through deed restrictions
and/or permanent conservation easements. Primary and Secondary Open Space
Areas located outside building envelopes shall be restricted against further
development through conservation easements and/or deed restrictions.
(9) Estate lot subdivision road(s) shall be designed to provide internal access to all
lots in the subdivision. Private driveways shall access existing state maintained
roads only via subdivision roads providing internal access to lots in the
subdivision.
(10) A 100-foot Type F buffer meeting the requirements of Section 6.8.6 shall be
provided along the frontage of all existing state maintained roads adjacent to the
subdivision boundaries.
(a) In areas of dense mature forest, existing vegetation may be used to fulfill
the buffer requirements.
(b) If additional planting is required, new plant materials that satisfy the
buffer requirements of Section 6.8.5 shall be installed and maintained in
accordance with provisions of Section 6.8.
(B) Conservation-Cluster Option
A conservation-cluster subdivision is one in which building lots are grouped together
through a transfer of allowable density within the subdivided tract provided the transfer of
density within the subdivision does not increase the average density in any overlay
zoning district.
In a conservation-cluster subdivision designed with density transfer, lots smaller than the
minimum lot size permitted in the zoning district are allowed provided such lots and
subdivisions are developed in accordance with the following standards:
(1) Land saved through lot size reductions shall consist of designated Primary and/or
Secondary Open Space Areas.
(2) The total amount of land set aside as Primary and Secondary Open Space Areas
shall equal the sum of all reductions in minimum lot area and shall comprise at
least 33% of the total land area in the subdivision. For Minor subdivisions
utilizing this option, the minimum amount of open space may increase beyond
amounts per UDO Section 7.12.4(A) (2).59
(3) Both Primary and Secondary Open Space Areas shall be placed in undivided
preserves which adjoin housing areas that have been des igned more compactly
to create larger conservation units that may be enjoyed by all residents of the
subdivision and, if possible, enjoyed visually by the general public. Such
undivided open space shall be accessible to the largest number of lots within th e
development. To achieve this, the majority of house lots should abut undivided
open space to provide residents with direct views and access. Safe and
convenient pedestrian access to the open space from all adjoining house lots
shall be provided, except in the case of farmland or other resource areas
vulnerable to human disturbance. The design must meet the criteria outlined in
Section 7.12.4 which sets forth conservation area design characteristics.
(4) Where undivided open space is designated as separate non-contiguous parcels,
no parcel shall consist of less than three acres in area, nor have a length-to-width
ratio in excess of 4:1, except such areas that are specifically designed for
neighborhood commons or greens; playfields; buffers adjacent to wetlands,
watercourses, and rural roads; wildlife corridors; or trail links.
59 Text revised to provide UDO consistency.
92
Article 7: Subdivisions
Section 7.12: Flexible Developments
Orange County, North Carolina – Unified Development Ordinance Page 7-49
(5) Each lot must contain a buildable area of sufficient size to accommodate a
single-family detached dwelling and customary accessory uses, including, but not
limited to, storage buildings and garages, patios and decks, lawns, driveways,
septic systems including repair areas and well sites. A septic system and/or well
site may be located in a Secondary Open Space Area provided it does not
occupy more than one quarter of the Secondary Open Space Area. No septic
system, repair area and/or well can be located in the Primary Open Space Area.
(6) Provided the arrangement, design, and shape of cluster lots is such that lots
provide satisfactory and desirable sites for building, and contribute to th e
preservation of designated Primary and/or Secondary Open Space Areas,
minimum lot area, lot width, and setback requirements as specified in Article 3 of
this Ordinance may be reduced as set forth below.
(a) For Major Subdivisions, the minimum lot area requirements may be
reduced by 65% of the minimum lot size permitted by the zoning district
including any overlay district requirements; however, minimum lot area
may not be smaller than 40,000 square feet within a watershed
protection overlay district where lots are served by individual septic
systems.
(b) For Minor Subdivisions utilizing this option, the minimum amount of open
space may increase beyond amount per UDO Section 7.12.4 (A) (2).60
(c) Minimum lot width requirements may be reduced to 100 feet in the AR
and R1 Districts. Minimum lot width requirements may be reduced by
30% in all other zoning districts.
(d) Minimum front, rear, and side setback requirements may be reduced by
25% but shall be no less than ten feet.
(e) Minimum lot frontage requirements may be reduced to 20 feet for lots
fronting on culs-de-sac and “T” turnarounds.
(f) Minimum spacing between building envelopes and the subdivision
boundary or off-site public street right-of-way shall be 100 feet and may
be counted as open space.
(7) Conservation Cluster subdivision road(s) shall be designed to provide internal
access to all lots in the subdivision. Private driveways shall access existing state
maintained roads only via subdivision roads providing internal access to lots in
the subdivision.
(8) Cluster lots shall be restricted against further subdivision through deed
restrictions and/or permanent conservation easements. Primary and Secondary
Open Space Areas shall be dedicated to Orange County, another unit of local
government, the State of North Carolina, a private non-profit land conservancy or
a homeowners association.
(C) Village Option
Villages represent a modified form of cluster development intended to serve as physical,
social, and economic focal points in rural portions of the county. Consequently, villages
are appropriate locations for civic uses, such as schools and churches, as well as a
variety of economic functions, including stores and workshops, and residential building
types designed to accommodate a range of socio-economic groups.
(1) The location, size, and composition of each village will be a function of the
development potential of the land associated with the settlement, including, but
not limited to:
60 Text revised to reflect UDO consistency.
93
Article 7: Subdivisions
Section 7.12: Flexible Developments
Orange County, North Carolina – Unified Development Ordinance Page 7-61
Density increases to encourage additional open space are limited to Flexible
Developments proposed in the following locations:
(a) Within Transition Areas as designated in the Land Use Element of the
Comprehensive Plan. Within such areas, the maximum permitted density
is 2.5 dwelling units per acre unless the applicant obtains approval of a
zoning district classification which permits a higher density.
(b) Outside of Transition Areas but within an area designated for service by
a utility provider as part of an adopted long-range water and/or sewer
extension plan. Within such areas, the maximum permitted density is 1.3
dwelling units per acre.
(c) Outside of Transition Areas but within 3/4 of a mile of an interstate
corridor or a major thoroughfare designated as a high occupancy vehicle
(HOV)/busway route as part of an adopted regional transit plan. Within
such areas, the maximum permitted density is 2.5 dwelling units per
acre.
(d) Outside of Transition Areas but within 1/2 mile of a transit station
designated as part of an adopted regional transit plan. Within such
areas, the maximum permitted density is five dwelling units per acre.
Within these locations, public water and sewer service may be extended,
provided the applicant can demonstrate that such service is necessary to serve
the density increases achieved through the use of the bonus option(s) described
above.
7.12.11 Additional Submittal Requirements
In addition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary Plats
or Minor Subdivision Final Plats, applications must:
(A) Identify the development as a Flexible Development Subdivision.
(B) A precise description of the extent to which the proposed modifications depart from the
standard requirements of the applicable zoning district and the reasons for such
departures.
(C) The location, type, and area of the Common Open Space, as well as the amount and
function of the Common Open Space in terms of densities and dwelling types proposed.61
(D)(B) Include a wW ritten site analysis accompanied by an illustrative site map, which identifies
the following:
(1) Slopes 7½ - 15%,
(2) Slopes 15% and greater,
(3) Existing vegetation,
(4) Significant stands of trees,
(5) Significant examples of a particular species of tree occurring in a native stand
and specimen trees,
(6) Drainage and waterways,
(7) Special flood hazard areas,
(8) Significant rock outcroppings,
(9) Significant scenic vistas,
(10) Soils with limitations for on-site wastewater systems and building development,
61 Text revised/removed to reflect November 21, 2016 Quarterly Public Hearing Language.
94
Article 7: Subdivisions
Section 7.13: Specifications for Plat Drawings
Orange County, North Carolina – Unified Development Ordinance Page 7-62
(11) The manner in which the plan makes adequate provision for water and
wastewater treatment, and
(12) The relationship of the plan to the physical environment, the neighborhood in
which it is proposed to be established, and the intent of the provisions providing
for the establishment of a cluster subdivision.
SECTION 7.13: SPECIFICATIONS FOR PLAT DRAWINGS
The requirements of this Section shall apply to the format of drawings.
7.13.1 Minor Subdivisions
(A) Concept Plan
The required Concept Plan for Minor Subdivisions consists of:
(1) A scaled copy of a current Orange County GIS Map for the property denoting its
current orientation and layout. This map may be obtained from the Planning
Department for a fee in accordance with the adopted fee schedule and shall
contain at a minimum the following information:
(a) Contour lines,
(b) Soils,
(c) Water features, and
(d) Any known easements.
(2) A scaled drawing in black ink or pencil detailing the proposed division of property
including, but not limited to, the following:
(a) The scale of the drawing,
(b) A north arrow,
(c) The date of preparation,
(d) The Parcel Identification Number (PIN) number(s) of the lot(s) subject to
the application,
(e) The proposed property lines for each lot,
(f) Common Open Space lots, including type and acreage,
(g) A Site Analysis Map as outlined in Site features as Outlined in Section
UDO 7.13.2 (A)(3) below,62
(h) The delineation of any known and required stream buffers on the
proposed lot(s),
(i) The proposed method for ingress and egress including a description of
how each lot will be afforded access,
(j) A narrative detailing the development of all proposed roadways,
(k) A private road justification, if required under Section 7.8, and
(l) Any other reasonable relevant information.
(B) Final Plat
Final plats shall adhere to the specifications contained in Section 7.14.3.
62 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
95
Article 7: Subdivisions
Section 7.13: Specifications for Plat Drawings
Orange County, North Carolina – Unified Development Ordinance Page 7-72
(d) It is understood that utility distribution systems to individual lots for gas,
electric, telephone, and TV cable service are customarily covered b y
“blanket easements” or “general easements”. If these easements have
been recorded, the recording data shall be shown on the plat.
Otherwise, these easements need not be denoted on the plat.
(4) Landscaping and Buffer Data
Buffers widths and locations as required by Section 6.8 of this Ordinance shall be
shown on the Final Plat and specified in a separate document to be recorded
concurrently with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(5) Special Flood Hazard Area (SFHA) Standards
(a) The boundary of the Special Flood Hazard Area zoning overlay district
shall be designated and labeled on the plat as required by this
Ordinance.
(b) For subdivisions located within a water supply watershed of regional
and/or local importance, the following information shall be shown on the
Final Plat:
(i) The maximum impervious surface data as required by Section
4.2 of this Ordinance shall be shown for each lot.
(ii) Stream buffers as required by Section 6.13 of this Ordinance
shall be delineated with widths noted on the Final Plat.
(iii) Development restrictions within the stream buffer shall be
specified in a separate document to be recorded concurrently
with the Final Plat. The Deed Book and Page reference shall be
noted on the Final Plat.
(iv) Storm water detention and/or retention sites and undisturbed
areas for infiltration purposes as required by Section 4.2 and
6.13 of this Ordinance shall be delineated and labeled on the
Final Plat.
(v) Any restrictions or requirements associated with the
detention/retention sites shall be specified in a separate
document to be recorded concurrently with the Final Plat. The
Deed Book and Page reference shall be noted on the Final Plat.
(6) Open Space and Natural and Cultural Resource Areas
(a) Any areas identified in the “Inventory of the Natural Areas and Wildlife
Habitats of Orange County, North Carolina” shall be shown on the Final
Plat.
(b) A description of the resource, and the conditions of subdivision approval,
which assure its protection shall be included in a document of describing
development restriction to be recorded concurrently with the plat.
(c) Common Open Space areas indicating the type (e.g.,
Primary/Secondary) and the use of the land area shall be included on
the final plat. (e.g., passive trails), the land area, the fee simple owner of
the land, and/or the holder of the easement.63
(F) Certificates and Endorsements
(1) General
63 Text revised/removed to reflect November 21, 2016 Quarterly Public Hearing Language.
96
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-30
construed to include lands not beneficial to non- residential use due to location or character, or areas
used predominantly for residential purposes.
Nursing Home
A facility, licensed by the appropriate state agency for the care of aged or infirmed individuals, that meet
the requirements set forth in this Ordinance.
Nutrient Sensitive Waters
Those waters which are so designated in the classification schedule in order to limit the discharge of
nutrients (usually nitrogen and phosphorous). They are designated by “NSW” following the water
classification.
Obstruction
Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across, or projecting into any watercourse, which may
alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
Office Use
A use of property for professional and clerical activities associated with the operation of a business.
Offices & Personal Services, Class 1
Offices and personal services that attract few customers or clients on premises other than employees,
generate low traffic volumes (< 100 trips/day), and have no adverse impacts beyond the space occupied
by the building.
Offices & Personal Services, Class 2
Offices and personal services that generate medium traffic volumes (100-400 trips/day), and have no
adverse impacts beyond the lot boundaries.
Offices & Personal Services, Class 3
Offices and personal services that generate high traffic volumes (> 400 trips/day), and have no adverse
impacts beyond the zoning district boundary.
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development) 64
"Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Open Space, Common
Privately held land area set aside, dedicated, owned and maintained for common use, access, and
benefit of multiple lots. This type of open space is within a defined lot or a defined easement area for
common usage. It may be either restricted to the owners via Homeowners’/ Property Owners’
Association (HOA/POA) or open to others as specified by the Association.
Open Space, Primary
64 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
97
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-31
These areas have sensitive environmental features and/or significant cultural resource areas, which limit
their development potential. 65
Open Space, Secondary
All open space areas other than Primary Open Space as defined above.66
Open Space, Utility
A subset or category of open space that defines the type and/or intensity of its use. Utility areas are
typically open but contain public and/or private utilities and services. Examples include utility lines or
easements (e.g., water, sewer, gas, power), septic drain fields, and repair areas. Additional recreation
use of these areas is typically limited based on the type of utility requirements that are in place.67
Open Space - (land use intensity)
A. Open space is the total horizontal area of uncovered open space plus half the total horizontal
area of covered open space subject to limitations set forth below.
B. Uncovered open space is total gross land area not covered by buildings, plus open exterior
balconies and roof areas improved as recreation space.
C. Covered open space is usable open space closed to the sky, but having two clear unobstructed
open or partially open sides. Partially open sides is to be construed as 50% or more. Examples
of covered space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage countable as
covered open space shall not exceed the square footage of the open space sides.
Open Space Ratio
The minimum square footage of open space required for each square foot of gross land area. This area
includes parking and vehicular access areas and it can also include balconies, and roofs improved for
recreation.
Outdoor Advertising Industry
The organizations that provide outdoor displays or display space on a lease or rental basis.
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s) within the confines of a defined
property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck.
Outdoor Lighting, Cutoff Fixture
A fixture shielded or constructed in such a manner that no more than 2 ½% of the total light emitted by
the fixture is projected above the horizontal plane of the fixture.
Outdoor Lighting, Direct Light
Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of
a luminaire.
Outdoor Lighting, Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
Outdoor Lighting, Flood Lamp
65 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
66 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
67 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
98
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-38
Rural Guest Establishments
A temporary lodging facility that is compatible to the primary land use of agriculture, forestry, open space,
or otherwise rural residential activities. Rural guest establishments consist of three subcategories based
on intensity and permit requirements, Bed and Breakfast, Bed and Breakfast Inn, and Country Inn, which
are further defined below.
A. Bed and Breakfast: A private, owner-occupied dwelling in which the frequency and volume of
paying guests is incidental to the primary use of the building as a private residence. One to three
guestrooms are made available to transient visitors. The establishment shall not contain
restaurant facilities, but may provide food service for transient guests only. (Zoning Permit)
B. Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing
overnight accommodations to the public, even though the owner or manager lives on the
premises. The number of guestrooms may range from four to no more than eight. The
establishment shall not contain restaurant facilities, but may provide food service for transient
guests only. (Class B SUP)
C. Country Inn: A business, which offers accommodations and dining in a predominately rural area.
Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch
and dinner to guests and the general public. The number of guestrooms may range from four to
no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP)
Rural Heritage Museum
A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the
purpose of educating the public about the rural heritage of Orange County and surrounding areas.
Rural Industrial Activity Node
Land focused on designated road intersections which serves as a nodal crossroads for the surrounding
rural community and is an appropriate location for small-scale industrial uses which do not require urban
type services.
Rural Neighborhood Activity Node
Land focused on designated road intersections within a Rural or Agricultural Residential area that is
appropriate for small-scale commercial uses.
Rural Residential Land
Land in the rural areas of the County that is an appropriate location for low intensity and low density
residential development which are not dependent on urban services.
Rural Special Event
A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to
attract more than 20 people at any given time.
Salvage yard
Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether
industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery.
Saw Mill
A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood
products; not including the processing of timber for use on the same parcel of property.
Semi-Cutoff Fixture
An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Septic, Off-Site
99
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-39
An off-site system is a wastewater system as defined in GS 130A-334(15) where any components of the
systems serving two or more facilities are located on property other than the building lot that is under
common ownership or control. This approval does not apply to a wastewater system entirely contained on
multiple adjoining lots or tracts of land under common ownership or control which are considered a single
system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC 18A .1938(j).68
Septic System, Alternative
Any approved ground absorption sewage treatment and disposal system other than an approved privy or
an approved septic tank system.
Septic Tank System
A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field.
Setback
Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure
from thirty inches above the general ground level of the graded lot upward, except as specifically provided
in these regulations; provided, however, that fences and walls may be permitted in any setback subject to
height limitations established generally or for the district and, further provided that poles, posts and other
customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of light and air across the setback or violate provisions
of these or other regulations regarding visibility.
Sexually Oriented Devices
Any artificial or simulated Specified Anatomical Area or other device or paraphernalia that is designed
principally for Specified Sexual Activities but shall not mean any contraceptive device.
Sexually Oriented Business
A business which offers its customers or adult patrons any device, activity or demonstration depicting
Specified Sexual Activities , or which is intended to appeal to sexual interests, titillation or arousal of the
customer or adult patron. A sexually oriented business shall include an adult establishment as in NCGS §
14-202.10(2) and, in addition, without limitation shall include: Adult Arcade, Adult Bookstore, Adult Video
Store, Adult Cabaret, Adult Motel, and Adult Escort Agency.
Sign
Any letter, figure, character, mark, plane, point, marquee, design, poster, pictorial, picture, stroke, stripe,
line, trademark, reading matter, or illuminated surface which is constructed, placed, attached, painted,
erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the
public to any place, subject, person, firm, corporation, public performance, article, machine, or
merchandise, which are displayed in any manner, including out-of-doors.
Sign, Abandoned
A sign for which no legal owner can be found or any sign face or sign structure that advertises a business
not conducted on the premises for over 90 days. In making the determination that a sign advertises a
business no longer being conducted, the Planning Director shall consider the following: the existence or
absence of a current occupational license, utility service deposit, or account; use of the premises; and
relocation of the business.
Abandoned Sign shall also include the following:
a) Through age and/or obsolescence a sign that no longer conforms to structural or maintenance
specifications of Section 6.12, or
b) Any pole, pylon, or structure expressly installed for the purpose of affixing a sign that bears no
sign or copy.
Sign, Advertiser
Any person who is a lessee or owner of a sign, an agent of same, or anyone that has beneficial use of a
sign.
68 Text revised to reflect November 21, 2016 Quarterly Public Hearing Language and UDO consistency.
100
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 2, 2017
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Permitted Use
Table
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form
2. Excerpt of Approved May 3, 2017
Ordinance Review Committee Notes
3. Excerpt of Draft July 5, 2017 Ordinance
Review Committee Notes
4. Statement of Consistency
5. Proposed UDO Text Amendments
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon Planning Director initiated Unified Development
Ordinance (UDO) text amendments revising the tables of permitted uses and development
standards as contained in Article 5 of the UDO.
BACKGROUND: This project was initiated to address the findings of the State Supreme Court
in Byrd versus Franklin County related the delineation of prohibited land uses. Planning staff
and the County’s Attorney Office have determined existing permitted use table(s) need to be
modified to ensure compliance with the aforementioned court case clarifying
allowable/prohibited land uses. Amendments are also necessary to address issues associated
with uniformity on how land uses are identified and defined within the UDO. For more
background information please refer to Attachment 1.
The Planning Board Ordinance Review Committee (ORC) has reviewed this item at several
ORC meetings beginning in January of 2017. Agenda materials from these various meetings
can be viewed at:
http://www.orangecountync.gov/departments/planning_and_inspections/orange_county_plannin
g_board_(pb).php#.
Meeting note(s) from the most recent ORC meetings, specifically May 3 and July 5, 2017, are
contained in Attachment(s) 2 and 3 respectively.
Based on previous comments/recommendations, staff has completed the following:
101
a. Collapsing existing tables as contained in Section(s) 5.2.1 (general use zoning
districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning
districts) into a centralized permitted use table (Attachment 5).
b. Modification of Article 5 Uses of the UDO to incorporate development standards
and evaluation criteria for various land uses (Attachment 5).
c. Modification of Article 10 Definitions of the UDO to incorporate new and/or revised
definitions of various land uses consistent with the proposed new table
(Attachment 5).
d. Incorporate modifications to the Economic Development Hillsborough (EDH)
districts as recommended by the BOCC late in 2016. This included expanded
allowable land uses within the various EDH general use zoning districts.
Proposed changes are identified utilizing a ‘track changes’ format with recommended new text
denoted in Red Underlined Text while text recommended for deletion denoted in Red
Strikethrough Text.
Planning Director’s Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 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:
1. Review the proposed 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 September 11, 2017
Quarterly Public Hearing.
102
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2016-05
Amendment(s) to permitted use tables clarifying permitted and prohibited land uses.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section(s)
1. Article 5 Uses,
2. 5.2.1, 5.2.2, and 5.2.3 Tables of Permitted Uses,
3. Section 6.9.7 Parking Standards, and
4. Article 10 Definitions
References throughout the UDO will be updated as a result of this
amendment.
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Attachment 1 103
Development Ordinance Amendments of the UDO, the Planning Director is
proposing to initiate text amendments to clarify allowable and prohibited land uses
within the various general use zoning districts throughout the County.
These amendments are in response to recent court decisions, most notably action by
the State Supreme Court in Byrd versus Franklin County, placing the onus on local
governments to have sufficient specificity ‘spelling out’ allowable and prohibited land
uses.
The outline form was originally reviewed and approved by the BOCC at its May 5,
2016 regular meeting and updated at the November 1, 2016 meeting.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
In November of 2015 the State Supreme Court in Byrd versus Franklin County
rejected arguments that the mere omission/listing of a particular land use within a
table of permitted uses constituted a prohibition of same. The Court stated: ‘…. law
favors uninhibited free use of private property over government restrictions’. A copy
of the Court’s ruling in the Franklin County case can be viewed
at: https://appellate.nccourts.org/opinions/?c=1&pdf=33680.
The amendment is intended to:
a. Collapse existing tables in Section(s) 5.2.1 through 5.2.3 (i.e. general use, EDD
general use, and Conditional Zoning) into a centralized table,
b. Clarify the list of non-residential and residential land uses permitted/prohibited
within Orange County,
c. Incorporate amendments associated with the Hillsborough Economic
Development District originally reviewed at the September 12, 2016 quarterly
public hearing, and
d. Update Article(s) 5 Uses and 10 Definitions as necessary to reflect proposed
modifications as necessary.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
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 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
4. New Statutes and Rules
104
The amendment(s) are in response to a 2015 court decision, Byrd versus Franklin
County, as detailed herein.
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2016 and November 1, 2016
b. Quarterly Public Hearing
September 11, 2017
c. BOCC Updates/Checkpoints
November 1, 2016 – Approval of revised UDO Amendment Outline Form
January 4, February 1, May 3, and July 5, 2017 – Planning Board Ordinance
Review Committee (ORC) meeting (BOCC receives agenda materials)
July 26, 2017 – staff held a work session with Commissioner(s) Rich and Jacobs
to review the proposed text amendments.
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
January 4, February 1, May 3, and July 5, 2017 – Ordinance Review Committee
(ORC) – Agenda materials for the ORC meetings can be viewed
here: http://www.orangecountync.gov/departments/planning_and_inspections/ora
nge_county_planning_board_(pb).php#
August 2, 2017 – Recommendation
b. Advisory Boards:
N/A
January 5, February 1, May 3, 2017 – Initial Review(s)
July 5, 2017 – Final Review
To be determined
N/A
105
c. Local Government Review:
Staff transmitted the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, and Hillsborough for
JPA and courtesy review on July 24,
2017. To date no responses have
been received.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from departmental funds budgeted for this purpose. Existing Planning staff included
in the Departmental staffing budget will accomplish the work required to process this
amendment.
D. AMENDMENT IMPLICATIONS
The amendment will provide additional clarity on permitted and prohibited land uses.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 5.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public: Open house meeting(s) were held on July 25 and July 27,
2017.
Small Area Plan Workgroup:
Other:
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1
SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 MAY 3, 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; Andrea Rohrbacher, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 9
Representative; Kim Piracci, At-Large; Randy Marshall, At-Large; Alexander Gregory, Chapel Hill Township Representative; 10
David Blankfard, Hillsborough Township Representative; 11 12 Members Present: Laura Nicholson, Eno Township Representative; Patricia Roberts, Cheeks Township Representative; Paul 13
Guthrie, At-Large Chapel Hill Township; Donna Coffey, Cedar Grove Township Representative; 14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 16
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 – REORGANIZATION OF TABLES OF 25 PERMITTED USES 26
To continue review and discuss proposed amendments to the UDO that would reorganize the Tables of 27
Permitted Uses in response to the Byrd v. Franklin County judicial decision. 28 Presenter: Michael Harvey, Current Planning Supervisor 29 30
Michael Harvey reviewed the abstract. 31
32
Lydia Wegman: So it’s the American Planning Association? 33
34
Michael Harvey: Yes. 35
36
Lydia Wegman: And is that the one you’ve decided to use as the? 37
38
Michael Harvey: We’re actually using the NAICS hybrid because the NAICS we’ve actually got in our EDD table, the NAICS 39
code was what was utilized to create the Economic Development District table of permitted uses in section 5.2.2. We don’t see 40
the need to deviate from it that much. The APA list is helping us to address some residential land uses because NAICS 41
obviously doesn’t care about residential, it’s a commercial code. There’s unnecessary duplication of information in the APA list 42
that makes it more cumbersome than NAICS. NAICS is just voluminous. APA’s listing actually gets convoluted and repeats 43
itself. 44
45
Lydia Wegman: So you’re using NAICS? 46
47
Michael Harvey: Yeah. The land use categories. 48
49
Craig Benedict: We’re going to be able to get rid of 200 pages by collapsing. Michael, could you just go over one other thing 50
for the Board? The kind of general categories of what we’re going to be plugging all these different uses into. Tell them about 51
the permitted by right, permitted by Special Use. 52
53
Michael Harvey continued reviewing abstract. 54
Attachment 2 107
2
55
Craig Benedict: One other use type is Prohibited Use. 56
57
Michael Harvey: Well, in those instances where you don’t see a hash tag, a B, an A, or any designation that means the use in 58
prohibited in that district. So for example, on Attachment 3, Agricultural Processing Facility, you’ll note that there’s nothing 59
checked in the rural buffer, the agriculture residential, the R1 or R2 zoning districts. That means it’s prohibited. You see check 60
marks in Agriculture Services, or AS, I1, I2, I3; those are our industrial districts. Those are the only four general districts you’re 61
allowed to have an agricultural processing facility. You’ll also notice it’s allowed within the AG Service Enterprise conditional 62
zone and the Master Plan conditional zone districts. But, that’s it. Everywhere else it’s prohibited. So if you don’t have a mark, 63
don’t have a note, don’t have squat in the box it’s prohibited. And there’s going to be language added to the UDO clarifying 64
that. 65
66
Craig Benedict: And in the past we used to have it not listed at all and we said it’s prohibited, it’s not listed. Now we have to go 67
in there and list it and leave it blank. 68
69
Michael Harvey: And I’ll just remind the Board we are not the only community in this predicament. Every town and county in 70
North Carolina is dealing and wrestling with the same issue. So it’s nothing unique or new. Now you can get into a 71
philosophical argument about whether or not we should have always been doing it this way, not Orange County but globally, 72
and that’s a waste of time because I can get ten lawyers in a room and they’re all going to have a different opinion about how 73
the Statute should have been interpreted so we’re beyond that, we’re fixing the problem. 74
75
Michal Harvey continued reviewing abstract. 76
77
Tony Blake: The one thing I noticed when I read through this was there’s no mention of wedding venues. 78
79
Michael Harvey: That’s already covered under the retreat center definition. 80
81
Tony Blake: It I covered under the retreat center but it’s not in the AG area. So what I’m wondering is there, given the pending 82
situation, I’m wondering if that is amiss, or is it intentional? 83
84
Michael Harvey: I still believe that in fortune of the court, either the court or the general assembly is going to take that out of 85
our hands. 86
87
Tony Blake: Ok, but I mean because it’s not listed there it’s permitted by right. 88
89
Michael Harvey: No, it’s captured under the definition under retreat center, and because of that you have to be a retreat center 90
to do that type of activity. 91
92
Tony Blake: Ok. 93
94
Michael Harvey: We’re not going to list. It’s sort of like with recreation facilities; we’re not listing out every recreation facility, it’s 95
captured in the definition section of Article 10. And that is perfectly reasonable to list those uses there instead of just having… 96
97
Tony Blake: So that’s like inaudible everything in NAICS code 721, for example. 98
99
Michael Harvey: It picks up the uses we feel were necessary to incorporate into the UDO, yes. 100
101
Tony Blake: Ok. 102
103
Lydia Wegman: Can I go back one second? Do you see any concern with losing the conditional use process? 104
105
Michael Harvey: No. It’s never been used in Orange County. It’s a convoluted process to begin with. It was never popular. It 106
was actually created several years ago to counter spot zoning as a hybrid. There were several court cases where it was 107
deemed to be “legal” but nobody, including the Institute government folks who were championing it, liked it. And it was 108
108
3
determined that conditional zoning was a much better construct to do the same thing. Now, having said that there are uses in 109
here specifically that are only approvable through a conditional use permitting process. We’re going to have to change it to an 110
appropriate designation, whatever that is. 111
112
Michael Harvey continued reviewing abstract. 113
114
Tony Blake: Where would a charging station for an electric car fall in that? 115
116
Michael Harvey: I actually would call that as an accessory use. But that’s neither here nor there. 117
118
Tony Blake: Well Tesla for sure has made it a thing. These rapid charging stations. 119
120
Michael Harvey: I would actually call that an accessory use. It may be, and we’ll get to this example in a minute, but maybe 121
there’s a better way to handle that. So if you let me continue I can show you an example and gauge your reaction to it. 122
123
David Blankfard: Madam Chair, I’m going to have to go; I’ve got a pet emergency. 124
125
Lydia Wegman: Ok. Thank you David, I hope your pet is all right. 126
127
Michael Harvey: David, I’ll reach out to you with some of the background effect. In fact, for the new members I’ll be reaching 128
out to you with links to where you can find some of the background information on this from the previous presentation so you 129
have it available to you. 130
131
Michael Harvey continued reviewing abstract. 132
133
Lydia Wegman: Just one question. On the adult daycare facility there’s an asterisk under MPD conditional zoning. 134
135
Michael Harvey: I threw that in there. We haven’t determined where they’re all going to be yet. I understand why you’re asking 136
but we haven’t come up with a comprehensive idea of where these would go yet. Or what process they should go through. For 137
example, you may not want adult daycare residential zoning districts without a Class B SUP. That’s something we’re still 138
wrestling with in terms of what we’re going to recommend to you all. But at least we want you all comfortable with the thought 139
process. 140
141
Lydia Wegman: And one other question. There are a couple of C #’s. 142
143
Michael Harvey: Yes, that’s conditional use. 144
145
Craig Benedict: One other thing. When you’re reviewing this if you think a use, such as adult daycare facility, might be of two 146
different intensities meaning one where it’s just daycare and one is overnight care and you think it should be split into two 147
areas and maybe an overnight facility fits in certain categories and it doesn’t fit in other categories. 148
149
Michael Harvey: Well actually Craig, all due respect, we already have that. And that’s the family care home and group care 150
facility and residential. We’ve also dealt with assisted living facilities, which would include assisted living, nursing care, 151
congregate care, and residential as well. We put the daycare just for that day because we have other land uses dealing with 152
overnight or longer-term accommodation issues. 153
154
Craig Benedict: So are they in a different category than care and education? 155
156
Michael Harvey: Yes. And the reason being is because it’s residential in nature. 157
158
Lydia Wegman: I do feel like it should say human care and educational facilities for child and adult care, because someone 159
could say dog care. 160
161
109
4
Michael Harvey: Well, the definitions of these are for people. We have kennel operations in this ordinance that will be dealing 162
with animals, pets. We have existing land use categories addressing the care of animals. 163
164
Kim Piracci: So you just feel like to say human care is redundant? 165
166
Michael Harvey: My opinion, yes. It doesn’t mean it’s not a good idea, but my opinion it’s redundant. It’s not something I don’t 167
mind looking at but I think with the definition structure we have it’s becomes apparent quickly that this is for the care of the 168
elderly, or the care of children, or the care… 169
170
Kim Piracci: What if we haven’t gotten to animals or shelter or whatever yet? I mean, to me it’s not that obvious. 171
172
Michael Harvey: Ok, you’re entitled to your opinion. 173
174
Tony Blake: I tend to agree, but that’s just me. What would… 175
176
Kim Piracci: So, I mean is there not room for discussion on it? If two of us are feeling the same way… 177
178
Michael Harvey: There is room for discussion but I think that... 179
180
Kim Piracci: You’re not going to change your mind. 181
182
Tony Blake: No, we’re not going to change his mind. 183
184
Michael Harvey: I think that you are losing sight of the fact that there are specific sections dealing with the care of animal 185
independent of this. I think that’ you’re forgetting the fact that we have definitions that will be defining this is what these 186
activities entail, where it’s spelled out that this is for care for people. I think that if I’m too add human here then that to me is 187
redundant and unnecessary. There’s not education facilities for dogs. That’s why we have the kennel. 188
189
Kim Piracci: It’s one word in one spot. 190
191
Randy Marshall: But if you’ve got… If you’re looking at care and facilities here and you look at definitions it’s talking about not 192
animals. There’s this whole different section about animals, so I don’t think it’s a problem. 193
194
Michael Harvey: If this Board wants to vote to recommend adding the word human and that’s your recommendation I’ll 195
certainly add it. But I think it’s redundant and unnecessary. You have my opinion, you can disagree with me, and this body can 196
certainly vote to say add the word human and I will honor that request. 197
198
Lydia Wegman: Just a better option would be if you felt it was appropriate to say child and adult care. To me, the use of the 199
word human is quite awkward. 200
201
Kim Piracci: It’s weird. It’s awkward. It is awkward. 202
203
Lydia Wegman: Yeah. If the desire is to make it clear it’s for humans I would just say child and adult. 204
205
Michael Harvey: Well, one of the reasons I eliminated child is because care becomes universal. It’s just not about child or 206
adult. It’s care and education. 207
208 Inaudible 209
210
Lydia Wegman: I’m just saying, you have a list of adult daycare, child daycare facilities, so it would not necessarily be 211
inappropriate if there’s a strong feeling that… 212
213
Michael Harvey: So, I’m hearing there’s a strong feeling to add the word child and adult care and educational facilities. 214
215
110
5
Tony Blake: My view is either eliminating it from the subtext or add that something clarifying to the top. 216
217
Michael Harvey: I can’t eliminate adult daycare, childcare. I can’t eliminate that. So is there then a recommendation requesting 218
the Planning Board to add the term child/adult care and educational facilities to the use category definition? 219
220 MOTION by Kim Piracci to add the language suggested. Seconded by Lydia Wegman. 221 VOTE: 4 – 3 OPPOSED (ALEXANDER GREGORY, ANDREA ROHRBACHER, BUDDY HARTLEY) 222
223 Inaudible 224
225
Michael Harvey continued reviewing abstract. 226
227
Tony Blake: What was the one example? Was that Del Centro? 228
229
Michael Harvey: Well I don’t even think Del Centro would be a good example. It was supposed to be this… It was supposed to 230
be a cooperative where there would be shared access to materials, which again didn’t make any sense to me. It’s a school or 231
it’s not a school. The fact that you’re not going to allow schools to share materials I think gets a little bit into the minutia of 232
you’re telling a school they can’t share a book. So you don’t need to have some arbitrary land use category for that purpose. 233
234
Tony Blake: Yeah, it seems like a clumsy way to try to get something… 235
236
Michael Harvey: Yeah. And the problem is I don’t know what it was originally trying to get in the first place. There was an 237
intention. A long time ago. I don’t know what that intention is anymore. 238
239
Randy Marshall: If you had non profit groups that were trying to help non reading adults learn how to read literacy… would that 240
be under the definition of non profit education inaudible? 241
242
Michael Harvey: Not under the current definition. I would actually call that a school. Where we have school, exam prep, 243
tutoring, language, driving. I would actually say it’d fall under that category versus a non-profit education cooperative. Let me 244
just interject something real quick, some of the older Board members will know this: the County’s Attorney’s office has been 245
incredibly anxious to eliminate references to profit and non-profit. You cannot base and shouldn’t be basing land use decisions 246
on the for profit or non for profit status of an organization or an operation. It either is permitted because of its activity or not. It 247
shouldn’t be permitted because it’s non-profit and then prohibited because it’s profit. So we are eliminating as best we can 248
land use decisions based on ownership or based on tax status. 249
250
Randy Marshall: So school could be profit or non-profit? 251
252
Michael Harvey: Private or public, yes sir. Yeah, we do not distinguish, currently. In fact we’ve added language or are 253
recommending language be added to make sure that distinction, that it’s either public or private. We don’t discriminate. 254
255
Randy Marshall: So anywhere you teach is considered a school. 256
257
Michael Harvey: Anywhere you teach where you are offering a curriculum based on the State of North Carolina standards 258
curriculum where you can achieve a diploma is listed as a school; elementary, middle, and secondary public or private. A 259
school where you’re doing exam prep, where you’re doing tutoring, where you’re teaching language, or driving is a school that 260
falls into that category and will be allowed in several districts. 261
262
Randy Marshall: What about my example of adult literacy, which is not leading toward a diploma, it’s trying to help somebody 263
who’s got to be 35 and can’t read? 264
265
Michael Harvey: Right, from my stand point that would fall into either school, the school; exam prep, tutoring, language, driving 266
example, or it could even fall into the school; vocational, business, community, trade, junior, or technical. Depending on the 267
aspect of the teaching it could fall into either one. 268
269
111
6
Tony Blake: Doesn’t the library do a lot of that? Wouldn’t that make the library a school? 270
271
Michael Harvey: No. 272
273
Buddy Hartley: I think that would be about the same thing as the 21 year old that wants to learn how to drive. 274
275
Michael Harvey: Well it doesn’t make the school a driving school but you can’t have a private driving school. The library’s still 276
a library if it’s offering a programmatic service. It’s like the government, and this is a really bad example but it’s the one I’m 277
going to give. The government doesn’t become a movie theater because it has a community open house where they show a 278
movie. A library doesn’t become a movie theater for the same reason. So you don’t lose that principal status. This building has 279
language classes in it, as an example, so it doesn’t turn this into a school. It is a program service offered by the government in 280
terms of its operational parameters to provide services to the public. I will clarify sir where adult literacy, adult education would 281
go in this context so that it’s spelled out a little better. 282
283
Randy Marshall: Well, you know, some cases there were retired educators who want to try to help people who do not know 284
how to read. 285
286
Michael Harvey: Right. So the other thing I want to call everyone’s attention to: schools; elementary, middle, and secondary; 287
public or private. You’ll note under the Economic Development Eno 1 and I’ve got a footnote there, 15. Everybody see that? 288
I’m going to pick on Kim for a second. What do you see with those land uses? School. 289
290
Kim Piracci: Schools, elementary, middle, and secondary. 291
292
Michael Harvey: Yes ma’am, that whole column. What I’m getting at is everywhere in the county it’s required to be a Class A 293
SUP. Except for some reason Economic Development Eno zoning district. 294
295
Kim Piracci: And that’s the way it exists now? 296
297
Michael Harvey: Yes ma’am. 298
299
Kim Piracci: And so you’re trying to change it? 300
301
Michael Harvey: We’re going to change it to an A. So schools are treated the same in every zoning district. It doesn’t make 302
any sense to us. We have other examples of that in the code. Cemeteries are another example. I’ll get to that in a few 303
minutes. It’s a Class B SUP in every residential zoning district in the county with one notable exception. And I can’t for the life 304
of me figure out why. 305
306
Tony Blake: Where was the last school built? Was that in Eno? 307
308
Craig Benedict: Probably Gravelly Hill. Inaudible in an economic development zone. 309
310
Michael Harvey: Buckhorn. And that went through a Class B SUP process. 311
312 Inaudible 313
314
Michael Harvey: The charter’s in Hillsborough’s jurisdiction. And they went through; I think they went through a SUP process 315
as well. 316
317
Craig Benedict: The only reason this in Eno is we were trying to match up to the Durham zoning code in case it was annexed. 318
And so sometimes if it’s permitted by right over there maybe we permitted it by right, I’d have to check. That might have been 319
some sort of inaudible. It doesn’t have to be that way. It could be a special use on our side and if it ever gets annexed that 320
they fix the zoning inaudible. 321
322
112
7
Michael Harvey: You’ll note when we get down further with schools it used to read that school’s vocational. We’ve expanded 323
that list pretty dramatically so as to make sure that we’re not eliminating somebody’s concept of what a vocational school 324
would be. So it’s vocational, business, community, trade, junior college, and technical. 325
326
Randy Marshall: Should we add preschool to elementary, middle, and secondary? 327
328
Michael Harvey: Well that’s not a bad idea. My response to you though is that a preschool is technically a component of that 329
land use categories defined by the state. Preschools are typically the function, or used as a function in an elementary school. 330
331
Randy Marshall: Well there are preschools that stand-alone. 332
333
Michael Harvey: I’m not disagreeing with you, but it’s part of the Chapel Hill-Carrboro school system. 334
335
Randy Marshall: Well what I’m saying is that elementary doesn’t necessarily mean, doesn’t include preschool. 336
337
Michael Harvey: We can add it. Again, it’s not a bad idea, I’m giving you my reaction as well. We can add preschool, that’s not 338
a problem and obviously we’re going to be making sure we’re using a term that is recognized by the state for that so that 339
nobody can claim we’re doing… 340
341
Randy Marshall: Right now I think it’s mostly 3 and 4 year olds that come to preschool. 342
343
Craig Benedict: Randy, where would you think the inaudible 1:03:31 concept would fit now? It’s not really a junior college yet. 344
Is it like 11th/12th grade but not considered a secondary? Middle college? 345
346
Randy Marshall: I think they’re taking courses, inaudible or technical courses, but I think it’s still considered secondary. 347
348
Michael Harvey: And that would actually, Craig, go to the State definition and I would trust your view of that more than mine 349
because of your background, but I think it’s actually covered in the definition of the State component for what constituents an 350
allowable secondary school. 351
352
Randy Marshall: Well if you never received a high school diploma I think you’re probably still considered a high school student. 353
Secondary. 354
355
Michael Harvey: So again, school’s under vocational, we’ve expanded that use. Not only coupled components from NAICS but 356
also the APA list. So where we felt the need we obviously stole from both. Here’s a question and yeah, Tony’s correct, the 357
footnote for some reason is on the next page, I apologize, but universities, colleges, and institutes. I’m at a loss to explain why 358
we require Class A SUP for elementary, middle, and secondary and not require the same for universities, colleges, and 359
institutes. There is one caveat to that but in the State of North Carolina I can’t regulate it anyway. Do you all have any 360
thoughts about that? We were going to be recommending it become a SUP with the understanding that if it is UNC, if it is a 361
State institution, local zoning is more that likely preempted anyway. But for a private college or private institute we didn’t 362
necessarily believe going this permitted by right with no public involvement, no review was vile. 363
364
Lydia Wegman: I agree. 365
366
Michael Harvey: But everyone understands. Well, again, I’m not trying to insult your intelligence. Everyone understands the 367
conundrum I’m going to find myself in when UNC says we’re doing this here? 368
369
Lydia Wegman: We do. 370
371
Tony Blake: The question I had about that whole thing was sort of, UNC is so expansive they have an animal care facility for 372
research; does that fall in this category or does that fall under? 373
374
Michael Harvey: Craig? You and I, Frank Clifton, John Roberts... 375
376
113
8
Craig Benedict: For that research facility? 377
378
Michael Harvey: It was a research facility. But… Well, here’s why I’m pulling Craig’s memory. We actually initiated an 379
enforcement action against them and I had to rescind that enforcement action. I think because it was State. 380
381 Inaudible 382
383
Michael Harvey: We initiated from the enforcement standpoint on the land use component but I think their argument at the 384
time was we are a state entity, it was part of the college operation and therefore it was exempt, because they didn’t do 385
classes. Is that your recollection? 386
387
Craig Benedict: Yeah. 388
389
Michael Harvey: So in that instance, yeah, they would be exempt. 390
391
Lydia Wegman: So they’re exempt from pollution control? 392
393
Michael Harvey: No, but they’re exempt from my land use provisions. 394
395
Tony Blake: A dear got involved. 396
397
Michael Harvey: Remember that all this is is do I have to take them through a land use permitting process. Which doesn’t 398
mean they don’t have to comply, but let’s be candid, a State institution is going to be complying with State Erosion Control 399
Storm water guidelines, not local. A State institution’s going to be complying with State Waste Water Permitting Processes, 400
not local. So I hate to say it but you get what you get. 401
402
Craig Benedict: There’s one other in here because we had a proposal for an athletic school, like Nick Bollettieri’s tennis school 403
where they actually taught class and played tennis so I don’t know where that… Maybe it’s the schools dance or maybe we 404
could put schools athletic. 405
406
Michael Harvey: I wonder if it would be covered under gymnastics but we could certainly add the term athletic. 407
408
Tony Blake: So if a school had a facility that was non-educational that would fall under a different category entirely than this 409
one, right? 410
411
Michael Harvey: Give me an example. 412
413
Tony Blake: The record center on 54. 414
415
Michael Harvey: Well from my standpoint I think that the oddest answer to your question is that would still be considered part 416
of the UNC facility, under that umbrella. I know you’re trying to give that as an example of how… 417
418
Tony Blake: Take UNC out of it, if it was a private college would that fall under an educational category or under a… 419
420
Michael Harvey: I would say it would still fall under educational because if the primary mode of operation is the support of the 421
operation of the school but it would still have to be approved through the appropriate SUP process under this construct. Now 422
let’s take that to the next question. If you have a storage facility where UNC rents a couple of lockers does that mean that 423
becomes a school? The answer’s no because it’s storage. But if UNC or DUKE comes to Orange County builds a warehouse 424
for the storage of documentation that is an extension of Duke University it would require, as we’re reconfiguring here, a Class 425
A SUP as a private institution. 426
427
Tony Blake: Ok. 428
429
114
9
Kim Piracci: So, I’m not sure, I’m asking. Do you remember 10 maybe 12 years back UNC Chapel Hill was putting a lot of 430
energy into Carolina North and that has since inaudible. 431
432
Michael Harvey: They dumped the money, correct. 433
434
Kim Piracci: Oh, it’s about them having the money? 435
436
Michael Harvey: And a few other permitting issues, yeah. 437
438
Kim Piracci: So permitting issues. So is that Chapel Hill the town of permitting issues? 439
440
Michael Harvey: Yes ma’am it’s in their jurisdiction, but they’re permitting issues I think is not necessarily with the Town, it was 441
with the State. And it was with funding, and there were several other issues associated, also with closing Horris Williams. So it 442
was the perfect storm of an amalgamation of a bunch of different issues all rolled into one. But you are correct. It’s in Chapel 443
Hill’s jurisdiction. There was a SUP process involved. 444
445
Craig Benedict: A developers agreement was put together, which is State laws allow inaudible even discuss the developers 446
agreement program… It’s something like conditional zoning. You come up with a list that you’re going to build in this time 447
frame and here are the conditions so its another hybrid allowed by state, well not used that much, but it was used for Carolina 448
North. 449
450
Kim Piracci: So none of that informs this or it all informs this saying this is out of your jurisdiction. 451
452
Michael Harvey: Correct. It would be subject to Chapel Hill and obviously to the state. 453
454
Kim Piracci: But if they decided to do it somewhere. 455
456
Michael Harvey: In Orange County, I can guarantee what we’d be faced with is the argument of, “Well we’re exempt, we might 457
partner with you and try to be nice and work with you, but you’re going to do it on our terms”, which is kind of how, in the 12 458
years I’ve been working here with Craig, that’s usually what happens with us and UNC. 459
460
Randy Marshall: That raises the question that you hear from the legislature is that they don’t want us at the local level doing 461
anything. 462
463
Michael Harvey: We’re finding that out painfully everyday. 464
465
Randy Marshall: How do you see that proceeding, in terms of the kinds of things that we’re trying to do here? Are conflicts 466
implied in terms of what the legislature is trying to whole sway over or? 467
468
Michael Harvey: Well I’ll get philosophical for a moment and say this: Obviously our power to do this, to regulate land use, is 469
given by the State. They obviously have the power to limit that. I think that we are well within our legal rights to establish 470
reasonable regulation on land uses and the state has a reasonable right to say you can’t do this to a state institution. You 471
can’t do it to private institutions but their view is since we are the state we ultimately have the peoples best interest at heart so 472
we don’t need you being big brother to us, we’re your big brother. And we’re going to do it our way because we know better 473
than you. And ultimately, in all my dealings in 20 years as a planner in North Carolina, that’s been the mantra. 474
475
Randy Marshall: But the bigger question seems to be, for instance they don’t want local jurisdictions to provide better 476 inaudible to employees, or wage increases, or whatever and the state is trying to restrict those. Could they go so far as to say 477
there will be no land use ordinances of the local level, everything is free and open as far as the state… 478
479
Michael Harvey: Yes. They could certainly do that. I honestly don’t think we’re going to get there because. 480
481 Inaudible 482
483
115
10
Michael Harvey continued reviewing abstract. 484
485
Tony Blake: So the charging stations are treated like a kiosk? 486
487
Michael Harvey: Yeah. 488
489
Lydia Wegman: Under offices? 490
491
Michael Harvey: No. inaudible. So if you’re comfortable with that I can try it out and let you all see it. 492
493 unknown 1:22:07: Could I back up for a second? Under salvage yard does that include recycling centers? 494
495
Michael Harvey: Recycling center’s actually covered elsewhere in this section. Let’s continue to go through and if not let me 496
make a note so I can answer your question. 497
498
Tony Blake: So one question I had about the contractors is a number of them do on site fabrication of things where they 499
actually assemble something and put it together and is that a separate category or is that always allowed? Especially the 500
HVAC guys. 501
502
Michael Harvey: My initial reaction is it should be covered under manufacturing versus the office of. 503
504
Tony Blake: Oh, ok, this is the bookkeeping and all that? 505
506
Michael Harvey: Yeah. 507
508
Lydia Wegman: I’m sorry, you have two categories that you’ve created, two different ones for bank settings and credit union 509
with or without an ATM. Is that because of the cars? 510
511
Michael Harvey: Yeah. You may have districts where you don’t care if there’s a bank but you may not want an ATM. 512
513 unknown 1:23:34: Where do drive ins as a general category fit? Or are they all distributed under a particular type of drive in? 514
515
Michael Harvey: Well that’s a loaded question. That unfortunately has a lot of history in this county when it comes to drive ins. 516
517
Unknown: That’s why I asked the question. 518
519
Michael Harvey: I think that the honest answer is that we broke it out here specifically to try to determine if there were 520
locations generally zoning districts or other districts where, yes, you might want to have a bank but you didn’t want a drive up 521
ATM. We currently prohibit drive trough’s in the Efland Cheeks overlay district along highway 70 going towards Mebane and 522
there was a prohibition the Hillsborough Economic Development district prohibiting drive through facilities, period, which was 523
eliminated last fall. Typically I would argue to you that a drive through, say for a retail center if it’s a dry cleaner, or if it’s a 524
pharmacy, is an accessory permitted use. I don’t distinguish in here, other than the ATM, because I’ve had commissioners 525
complain about… We may want a bank in the neighborhood commercial zoning district but we’re not going to have a drive 526
through. Ok, this is one way to try to address that. 527
528
Randy Marshall: So rather than having a separate item in the UDO for drive-thrus you are placing those within the different 529
commercial categories 530
531
Michael Harvey: There are those areas that I’m saying can’t have it and trying to keep mum on the rest, to be honest, because 532
I don’t want to get into the micro management of. Restaurants is another prime example, we’ll get into it in a minute. We 533
originally had four categories of restaurants. James Bryan and I decided it might be a good idea to just collapse that into just 534
one category, say restaurants. And then say you can have a restaurant in this zoning district without a drive through. And then 535
that gets basically the same standard here, as a way to try to simplify some of this. Make it a little easier. 536
537
116
11
Randy Marshall: It seems like to me we need to be specific as possible because there’s nothing that fires up neighborhoods 538
any faster than somebody proposing a drive through anywhere within five miles of them. 539
540
Michael Harvey: Well, to be honest, there’s nothing that fires up one or two of our elected officials like the term drive through. 541
We actually proposed a text amendment 2008 and Craig and I went to meetings for two years on establishing drive through 542
standards and the issue was prohibit them everywhere, regulate them as follows, only allow them for certain uses, and we had 543
to go through the Economic Development Commission, County Commissioners, this Board, and after two years we didn’t have 544
an ordinance. 545
546
Randy Marshall: So it’s just easier to put them into different commercial categories as opposed to inaudible as a major 547
category? 548
549
Michael Harvey: More or less. 550
551
Michael Harvey continued reviewing abstract. 552
553
Kim Piracci: So the way this is written now they would be able to frack in the county? 554
555
Michael Harvey: Well this way this is written now, legally, somebody could go in through with a SUP process and engage in a 556
fracking operation. Right now it’s allowed. State law preempts us from having a regulation that is deemed to be overly 557
prohibitive to say you can’t do it. And that’s probably what somebody would argue and we’d probably lose. 558
559
Kim Piracci: Quick and easy, there are places in California localities define more senior. 560
561
Michael Harvey: The only saving grace is that when you actually look at deposits, we’ve got nothing. 562
563
Craig Benedict: Michael, the quarry that does some processing on site, we took that through… 564
565
Tony Blake: I was going to ask about American Stone because does that qualify as processing when they’re making? 566
567
Michael Harvey: No, because all they’re taking rock and making small rock. They’re not turning it into asphalt. 568
569
Randy Marshall: But there is an asphalt plant. Is it grandfathered in? 570
571
Michael Harvey: Not at American Stone on 54. There used to be one on 57 going towards Person. That burned down and for 572
the last 12 years every three years we send a note to the State telling them that there cannot be an asphalt plant at that facility 573
because it’s inconsistent with out ordinance. 574
575
Randy Marshall: Well I seem to recall when I was on the Town board that there was an asphalt plant. There was a lot of 576
concern about it. Just outside of Carrboro’s jurisdiction. 577
578
Craig Benedict: That was closed down and not able to be re-opened. 579
580
Michael Harvey: And we actually cover asphalt plants differently elsewhere on this. Now also remember though that under 581
state law and even under our own ordinance there are uses permitted by right in every zoning district. One of them is listed in 582
article 5, section 5.1 2. Uses permitted as a matter of right, bona fide farms is one, barrow pits… I actually thought there was 583
something in here about bash plant concrete plant associated with a highway project. 584
585
Michael Harvey continued reviewing abstract. 586
587
Randy Marshall: Is that where your recycling centers would come in? 588
589
Michael Harvey: Yes. That’s our convenient centers. And there’s also a recycling land use category in this document. Any 590
questions on that one? 591
117
12
592
Randy Marshall: Yeah. Why wouldn’t you allow a fire station in LC1? 593
594
Michael Harvey: Inaudible. Because it’s currently not allowed and I did do anything with it to be blunt. That’s the best answer. 595
596
Tony Blake: And I would thin that they would be permitted in the Economic Districts as well. 597
598
Michael Harvey continued reviewing abstract. 599
600
Tony Blake: Where would wet labs and things like that fall? 601
602
Michael Harvey: Research. 603
604
Tony Blake: Ok. 605
606
Michael Harvey continued reviewing abstract. 607
608
Michael Harvey: Any questions on manufacturing? 609
610
Randy Marshall: I can’t remember the name of the old furniture place off of Old Greensboro Highway. Hill Country. Is that non-611
compliant? 612
613
Michael Harvey: Hill Country Woodworks is zoned existing commercial 5. I would actually say that it is right now conforming as 614
retail and light manufacturing and it would be allowed in this same construct because it’s not a land use we want to prohibit. 615
616
Tony Blake: They do have a showroom. 617
618
Michael Harvey: Yeah. 619
620
Randy Marshall: I guess I’m still confused. Furniture manufacturing similar processing, that’s exactly what they do, but they’re 621
not in. 622
623
Michael Harvey: No, there’s no checkmark in EC5, only because I took this directly from the Economic Development Design 624
table so we’re going to be adding that to make sure they’re still making form, we’re not looking to make non-conforming uses. 625
626
Randy Marshall: Ok, so another dot would put here. 627
628
Michael Harvey: Yeah, another dot would be put here. And I appreciate you bringing that to my attention but just as a reminder 629
we didn’t want to get overly dot crazy because it’s already confusing as it is. The dots would make it even more interesting. 630
631
Craig Benedict: We haven’t made all the determinations. We’re just trying to get the general categories. 632
633
Michael Harvey: Yeah, because if you all don’t like the categories then I got to go back to the drawing board a little bit. 634
635
Lydia Wegman: Got it. 636
637
Craig Benedict: Yeah, we may put in there SUP A for a certain one to be determined so we’re just trying to get the general 638
categories, incorporate what has been somewhere in our existing code because the commissioners are going to want to know 639
it was there before and it’s not there now or the opposite. For these new categories we’re going to have to populate them with 640
dots. 641
642
Tony Blake: You have watches but not jewelry. Is that? 643
644
Michael Harvey: That’s under miscellaneous manufacturing. 645
118
13
646
Tony Blake: Sorry. 647
648
Michael Harvey: No, no, you’re fine. These are the kind of questions we need because if you can’t see it then… The next is 649
medical uses. Kim, you and Tony both asked this question about health services. Doctor’s office, dentist’s office. This is health 650
services. The reason we kept it separate is because it’s already in that land use category and much of the same way we’re 651
going to handle restaurants it’s going to be based on square footage because that’s the current standard. We don’t want to ge t 652
into a level of minutia with dentists can only go here or there, it’s a medical use. So the definition says here’s the list and it’s 653
going to be based on square footages. So in certain districts we might allow a medical doctors office but it may be no more 654
than 10,000 square feet or 15,000 square feet where in other districts the only limit is the practical development limitations, 655
i.e., setbacks, parking, impervious surface, whatnot. 656
657
Lydia Wegman: So the UDO will say what is permitted? 658
659
Michael Harvey: Yeah. 660
661
Lydia Wegman: In each district? 662
663
Michael Harvey: Yeah, that’s going to be in article 5. 664
665
Tony Blake: So more and more I’m seeing medical facilities combined with the pharmacy and a lab. Is there some? I see a lot 666
of things in here that might be pulled into one facility and so then the dots start to make a difference if one is permitted in one 667
and … 668
669
Michael Harvey: Well the principal use as a pharmacy is an example. And they have a small laboratory. I would consider that 670
a customary accessory use to the pharmacy, whereas you could have, and this goes to this existing land use category. 671
Medical and diagnostic laboratory with or without research facilities, this is something where it’s not a pharmacy, it is a lab, 672
and we don’t want to distinguish between research and non-research. It’s a medical or diagnostic laboratory. We’re going to 673
list that as a permitted use. It could or could not have a research facility. That is that persons call. 674
675
Craig Benedict: What you’re saying is correct, how they’re starting to co-mingle uses. We worked on that office research 676
manufacturing… Because it used to be the warehouse used to be there, the manufacture… Inaudible. 677
678
Lydia Wegman: So Michael, pharmacy is part of health services? 679
680
Michael Harvey: Well pharmacy actually would come under… It could come under health services if it’s like a Walgreens it 681
would come under retail. 682
683
Tony Blake: Right. And so that’s where. 684
685
Lydia Wegman: And what about a compounding pharmacy? 686
687
Michael Harvey: That would come under health services. 688
689
Tony Blake: That’s where it gets a little sticky. 690
691
Lydia Wegman: Right. Because there are places that are just pharmacies. 692
693
Tony Blake: Right. And it’s the same thing with the dentist. Some of them have on-site manufacturing of bridges and crowns, 694
and some don’t, some send it out, and some are stand-alone. 695
696
Randy Marshall: How about the eye doctor? 697
698
Michael Harvey: Same thing. 699
119
14
700
Tony Blake: Same thing, with eyeglasses. 701
702
Randy Marshall: This would seem to indicate that doctors and dentists couldn’t have in home practices. 703
704
Michael Harvey: That’s actually handled as a home occupation, which is allowed elsewhere in the code. So if you’re a dentist, 705
or if you’re a doctor, or you’re an attorney and you want to work out of your home there’s a totally separate independent 706
process you get to go through. 707
708
Randy Marshall: Ok. 709
710
Michael Harvey: So next we have recreational. This goes back to a comment I made earlier about profit/non-profit. We’re 711
eliminating the term public out of parks. Why? Because a park is a park is a park is a park. We shouldn’t really distinguish. 712
713
Kim Piracci: There’s no such thing as private parks? 714
715
Michael Harvey: There is. That’s why we’re eliminating public. It’s a park. I mean, if you develop, like TLC has several private, 716
what I would call, rec parks. They’re a park. There’s no inherent difference between that facility and the one the government 717
did. 718
719
Kim Piracci: In terms on zoning. 720
721
Michael Harvey: Right. 722
723
Tony Blake: Parks have almost become a commodity now. They’re including pocket parks to meet leads, for example. Or 724
some green certification. 725
726
Lydia Wegman: Do parks have to be open to the public? 727
728
Michael Harvey: In this context, under recreational, yes. This is a park that is providing a service. 729
730
Lydia Wegman: So that needs to be clear and definite. 731
732
Michael Harvey: In the definition I think we’re going to handle it as open to the public but the term public here… 733
734
Lydia Wegman: I understand, but just as long as it’s clear and definite… But I do think it needs to be clear that a park is open 735
to the public. 736
737
Michael Harvey: We can add some clarification to the definition. 738
739 Inaudible conversations 740
741
Michael Harvey: So residential is going to be the next land use category. As you recall we amended the ordinance to allow 742
campgrounds. We have to spell out specifically with them without recreational vehicles. Dwellings we kept the same. Family 743
group care we kept the same because that’s defined by State law. Health and personal care facility. This is where we’ve 744
lumped in your assisted care, live in facility, congregate care, nursing home; everything in one fell swoop. We’re just not 100% 745
sure where we’re going to put them yet. There’s a concern from the County’s Attorney’s office we have to list out specifically 746
recreational vehicle. We don’t believe we do, but we want to get something out of their office so we put it in. 747
748
Kim Piracci: What would be an example of that? 749
750
Michael Harvey: Well their concern is if we don’t list it that means anybody could put a recreational vehicle on a parcel of 751
property and live out of it and it’s permitted by right because it’s not listed. And I disagree with that but I’m erring on the side of 752
caution because I’ve got to get this out of the County Attorney’s office. 753
120
15
754
Tony Blake: I can think of places where it’s already occurring. 755
756
Michael Harvey: We’ve also expanded, modified the existing land use category temporary mobile home or residential unit. 757
This is those situations where if you’re building a house you need to live on your property temporarily we’re going to give you 758
an opportunity to use either a mobile home or a RV, but it’s got to go within 90 days. And we have talked about that as part of 759
the amendment to the home park and we were not allowed to do the amendment at that time, so we’re doing it now. 760
761
Tony Blake: So the 30 days has a strike then? 762
763
Michael Harvey: Yeah, we’re taking out 30 days because we had a conflict in the ordinance. This provision said 30 days, the 764
ordinance actually says 90. And if you think about it, you’ve got to have somebody come get a mobile home, you’ve got to 765
move out a mobile home, 30 days is a little unrealistic. So we were trying to give a little more flexibility. 766
767
Tony Blake: Yeah, well there’s nothing that would prevent somebody from driving their RV around the block and putting it 768
back. 769
770
Lydia Wegman: Michael, what’s a personal care facility? 771
772
Michael Harvey: You mean health and personal care facilities? 773
774
Lydia Wegman: I do. 775
776
Michael Harvey: That is an overall term where we’ve lumped in nursing home, assisted living, congregate care all in one 777
central category. 778
779
Lydia Wegman: I’m just saying the term personal care? 780
781
Michael Harvey: We stole that from APA to be honest. I also need to create a distinction between health care as listed under 782
medical uses so we were trying to come with... I needed there to be a distinction. 783
784
Tony Blake: So would health and private care describe that? 785
786
Michael Harvey: Check vernacular. We can do that. 787
788
Michael Harvey continued reviewing abstract. 789
790
Craig Benedict: How about rural special events? 791
792
Michael Harvey: That’s actually under miscellaneous. 793
794
Tony Blake: I know what you’re going to do about the signs though. 795
796
Michael Harvey: Sign ordinance? That’s going to have to be done for February of next year. That’s going to be even worse 797
than this… Utilities. We haven’t played with that a lot yet because I don’t think we have good direction from the elected 798
officials on how they want to handle alternative energy, like wind turbines, so we’ve used the catch all category for now. And 799
we’ll probably come up with some recommendations in the way of text amendment once we get to that. 800
801
Tony Blake: Isn’t this better regulated from… Because it seems like it’s permitted just about everywhere. Isn’t it better 802
regulated through a technical specification? 803
804
Michael Harvey: Well there’s that, there’s also an argument that we’re technically preempted from regulating some of this 805
anyway. 806
807
121
16
Kim Piracci: Really? 808
809
Michael Harvey: Yeah. 810
811
Tony Blake: Because you’re interfering possibly with commerce or interstate commerce. 812
813
Michael Harvey: Or you’re interfering with a power company who’s got a license from the state to provide an essential public 814
service. This came up when we were doing the PSNC gas line. We required them to go through the SUP process. They 815
pitched a fit but did it because they didn’t want to have the argument. But the public hearing was a free for all. And the Board 816
of Adjustment didn’t like that much. 817
818
Randy Marshall: The rights of way falls under this category? 819
820
Michael Harvey: Rights of way, from my stand point, don’t fall under this category because it’s not a utility, it’s a… Right of way 821
is the granting of usage rights. So you could grant a right for drive access, that’s your personal business. The state condemns 822
property under state law and establishes a public right of way for ingress, egress for commands of vehicular traffic. That’s not 823
a regulated land use activity from this ordinance standpoint, but we can’t regulate where DOT puts roads, for an example. 824
825
Randy Marshall: So what you just said was that power line right of way and gas line right of ways are state regulated and 826
not… 827
828
Michael Harvey: That’s what we’re thinking we’re going to get hit with, yes. 829
830
Randy Marshall: Ok. What about a fire tower? 831
832
Michael Harvey: Well depending on who erects it I would call that a government protective service land use. If the County 833
erects it, to me, it’s a government protected service and a training operation that’s a government facility. If a fire department 834
erects it I’d consider it a customary inaudible use. 835
836
Michael Harvey continued reviewing abstract. 837
838
Tony Blake: These landfills would be private landfills? 839
840
Michael Harvey: Yes. The government cannot require or compel itself to get a SUP. 841
842
Michael Harvey continued reviewing abstract. 843
844
Randy Marshall: What about the person that wants to develop a family cemetery on their large property to prevent 845
development? 846
847
Michael Harvey: That could happen to because there are some special standards governing well placement from interred 848
remains. We have a family cemetery in Amherst, Virginia and the farm that it’s on was sold. We actually subdivided 10-acres 849
out of the farm and it’s now in the family trust and that’s where a lot of my relatives are interred, but we then set up some very 850
specific maintenance responsibilities and list out how we can amend this, who gets to do what, so that we know that the 851
graves are protected… Also remember under State law County commissioners ultimately have responsibilities for cemeteries, 852
in most circumstances, unless they’re municipally owned, developed, maintained. So technically if you find a grave, private 853
cemetery of 10, 15, gravesites under the Graves Act County Commissioners have some ultimate responsibility to deal with 854
that. 855
856
Lydia Wegman closed the meeting. 857
858
859
___________________________________ 860
Lydia Wegman, Chair 861
122
1
DRAFT SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 5, 2017 3 ORDINANCE REVIEW COMMITTEE 4
5
NOTE: A quorum is not required for Ordinance Review Committee meetings. 6
7 MEMBERS PRESENT: Tony Blake (Vice-Chair), Bingham Township Representative; Buddy Hartley, Little River Township 8
Representative; Kim Piracci, At-Large; Randy Marshall, At-Large; David Blankfard, Hillsborough Township Representative; 9
Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill Township; 10 11 Members Present: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Laura Nicholson, Eno Township 12
Representative; Donna Coffey, Cedar Grove Township Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; 13
Alexander Gregory, Chapel Hill Township Representative; 14
15 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, Planner II; 16
Meredith Kern, Administrative Assistant II. 17
18 OTHERS PRESENT: Rachel McCook, Minutes Preparer 19
20
AGENDA ITEM 3: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – REORGANIZATION OF TABLES OF 21
PERMITTED USES 22
To continue review and discuss proposed amendments to the UDO that would reorganize the Tables of 23
Permitted Uses in response to the Byrd v. Franklin County judicial decision. 24 Presenter: Michael Harvey, Current Planning Supervisor 25
26
Michael Harvey reviewed the abstract. He reported that the Table of Permitted Uses and corresponding text amendments 27
have just been revised for the ninth time and that Staff has made significant progress. James Bryan, County Attorney’s Office, 28
has provided Planning Staff with comments, the majority of which are easily addressable. Michael reminded members of the 29
Committee that Planning Staff is collapsing all three tables into one Table of Permitted Uses, which is a commonsense move 30
from when the Table was created in 2011. Additionally, in previous discussions, the problem of calling a category such as 31
Retail by three different names in three different tables could expose the County to a lawsuit. The aim is to fix this problem 32
overall. Michael pointed to the first land use category to be reviewed in the Table of Permitted Uses: Agricultural Use (see 33
exclamation point symbol next to the category in the Table of Permitted Uses in ORC meeting materials). The proposed 34
change is a nomenclature change to identify or provide addition identification for land uses that have to abide by specific land 35
use criteria. Article 5 in the UDO has buffers, setbacks and other requirements and limitations, so Planning Staff is coming up 36
with a methodology that helps readers understand that there is further reading they have to do. The County Attorney’s Office 37
has not provided comments on that point, but they have asked Planning Staff to review the use of special symbology and 38
recommended that it be collapsed. Even though Staff may be using a different symbol than an exclamation point, there is 39
going to be a symbol in the Table of Permitted Uses to identify those categories that have special regulatory standards 40
associated with their development. The next area to review is definitions for land use categories. See the 41
Automotive/Transportation category. Planning Staff was identifying uses that were not specifically listed that could be allowed 42
in certain districts with a Special Use Permit (i.e. Automotive/Transportation Uses Not Listed Herein !). The County Attorney’s 43
most recent opinion on this category is that it will not withstand legal challenge, even with appropriate standards, and has 44
asked that it be deleted. So, there will no longer be a “catchall” category for any land use category. Planning Staff is working 45
with the County Attorney to ensure definitions pass legal sufficiency muster and capture activities that are encouraged in 46
association with the category. 47
48
Paul Guthrie remarked that Planning Staff is essentially creating a defacto “other” category. 49
50
Michael Harvey responded that based on James Bryan’s opinion as of a week ago, they are prohibited from having an “other” 51
or “catchall” category. 52
53
Tony Blake asked if that premise applies to all the land use categories. 54
Attachment 3 123
2
55
Michael Harvey confirmed that yes; this applies to all land use categories. He then moved on to address the Adult, Child Care 56
and Educational categories. Michael reported that James Bryan, County Attorney, expressed concern that Adult Daycare 57
Home was too similar to Family or Group Care Homes, but after reviewing definitions and state licensing requirements, Mr. 58
Bryan determined his concern was not founded. Thus, the Adult Daycare Home category will remain. Much like a daycare for 59
children, the Adult Daycare Home land use category is designed to provide an opportunity for adults, elderly folks and others 60
to engage in social activities in somebody’s home. 61
62
Tony Blake asked if an Adult Daycare Home is similar to the program Visiting Angels? 63
64
Michael Harvey responded that the programming is similar, but it is not from the standpoint that the person bringing meals to 65
someone’s house is not being regulated, as it is not a land use activity. Using Tony Blake as an example, Michael said that 66
Tony delivering a meal to someone’s house or volunteering to spend some time in someone’s home is not, in his opinion, a 67
regulated activity. Tony would have a private agreement with the person living in the house or the organization. 68
69
Tony Blake asked if that the distinguishing point in this scenario is having a place of business or physical location for the 70
business. This question was followed-up with a question on mobile veterinary clinics. How is a mobile veterinary clinic 71
regulated? Why are mobile veterinary clinics not allowed in the Rural Buffer? 72
73
Michael Harvey responded that a mobile veterinary clinic is not allowed in the Rural Buffer from a staging standpoint. A 74
mobile veterinary clinic could come to someone’s house within the Rural Buffer to provide a service, but the mobile veterinary 75
clinic could not open the business and stage the business in the Rural Buffer. A property owner in the Rural Buffer cannot 76
engage cannot stage the business on his/her property. 77
78
Michael Harvey continued the presentation. The land use category Non Profit Educational Cooperative is being eliminated due 79
to its ambiguous definition. Planning Staff suspects that this category was originally created to provide opportunities for people 80
to have administrative offices providing multiple services and services to schools. However, this type of office is already 81
captured in the “Professional Office” category, so there is no need for this specific category. Furthermore, in regards to land 82
use, the County Attorney’s Office does not see a significant difference between a non-profit or for-profit status of the 83
organization. Regardless of that non-profit or for-profit, the impact will be the same. In review of the land use category of 84
Schools, Planning Staff has had a request to review the term “preparatory.” Is there a better term? Staff is working on this, but 85
elementary, middle and secondary are being combined into this centralized category. 86
87
Paul Guthrie asked how Planning Staff is defining preparatory. 88
89
Michael Harvey referenced and read aloud Attachment 3. 90
91
David Blankfard asked if preparatory schools included boarding schools. 92
93
Michael Harvey responded that boarding schools would also fall into this category, as long as the school is providing 94
education-based on a curriculum designed to satisfy the state of North Carolina’s Department of Education requirements. 95
96
Tony Blake asked if The Grange or a 4-H club or something similar would fit into the previously discussed category, Non Profit 97
Educational Cooperative. 98
99
Michael Harvey said no. Those types of clubs would be categorized as a lodge, club or social, fraternal, or other organization, 100
or even a camp. 101
102
Tony Blake noted that the primary goal of those clubs is education. 103
104
Paul Guthrie asked about how a home-based individual or organization that does counseling and training for kids in the 105
summer would be categorized. 106
107
Michael Harvey said that from his standpoint, this person would likely need a Home Occupation Permit. 108
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109
Paul Guthrie followed-up by asking that if someone was engaging in online classes but also had a tutor or educator come to 110
her or his home, would these activities fall under a Home Occupation Permit? He also expressed some concern about the 111
grouping of all educational activities together without considering licensing requirements and other such qualifications that 112
someone might need, inclusive of graduate students who provide home-based tutoring. 113
114
Michael Harvey replied that he thought it was best that he and Paul meet together to discuss the category of Schools: 115
Preparatory in greater detail. He also provided clarification that tutoring services are covered in other land use categories, like 116
Schools: Technical, Trade, and Skill Training. There is another category detailing services that includes tutoring as well. 117
Michael concluded that he would put together an email on where tutoring is captured in Table of Permitted Uses and would 118
review the information with Paul and present it to the group to ensure the matter is addressed to the Board’s satisfaction. 119
120
Tony Blake asked if there was a new school being built off of Mount Carmel Church Road. 121
122
Michael Harvey explained this new building houses a daycare and that it is located within Chapel Hill’s jurisdiction. He 123
continued his presentation, noting that another big change Planning Staff is recommending is in regards to how schools are 124
permitted. Currently, schools are permitted with a Class A Special Use Permit, yet universities, colleges and institutes are 125
permitted by right in residential districts. Planning Staff does not understand the distinction. 126
127
Tony Blake noted that the distinction may have been made for government institutions. 128
129
Michael Harvey said that James Bryan, County Attorney, and Planning agree that since they are all educational institutions, 130
there is inherently no difference. The Emerson Waldorf School, as an example, has a Class A Special Use Permit. Using this 131
logic, there is no reason not to compel a university, college or institute to get a Special Use Permit and Planning Staff has 132
some standards they have compiled to do so. A concern that has come is about Duke Forest. Planning Staff believes that 133
Duke Forest is considered a research facility and institute. Staff has included new language in the Table of Permitted Uses 134
and revised Article 5 to give Duke University’s Duke Forest legitimacy as an institute under this construct. Duke Forest is a 135
teaching area, a research area and an open space preservation area. Planning Staff wants to encourage and promote that. 136
Mr. Harvey continued his presentation, moving on to Construction in the Table of Permitted Uses. He said that Staff went to a 137
level of detail here to address concerns, but upon review, the County Attorney is now suggesting that instead of having the 138
details in the Table, it is better to have Construction Offices as a category, and then spell-out storage in the actual Article 5 139
provisions and district standards. So, what is listed in the Table, as the Committee sees it, will be moved to Article 5. The next 140
category for review is Extractive Uses, a topic of much discussion over the years. Michael defined Extractive Uses as taking 141
anything out of the ground, mining anything out of the ground, including gas, rock, ore, whatever. Planning is likely pre-empted 142
from state law from engaging in a lot of regulatory detail with this. It is Mr. Harvey’s considered opinion that after proposing 143
this organizational layout where we listed “no on-site processing,” (not permitted) and “on-site processing” that a better way to 144
lay this out will be for Extracted Uses to be the category, and then Article 5 will state a prohibition of on-site processing, which 145
is what we currently have and will leave as is. 146
147
Tony Blake noticed that under the category of Construction, grading, earth-moving and the like are not included. 148
149
Michael Harvey responded that while those activities are not specifically listed – 150
151
Paul Guthrie asked about Chapel Hill Gravel and Cape Granite gravel pits. 152
153
Michael Harvey asked if he meant American Stone off of Highway 54 kind-of-example. 154
155
Paul Guthrie responded that no, he was thinking about the one off of Damascus Church Road (Merritt’s Gravel Pit, Inc). 156
157
Michael Harvey replied that that is in Carrboro’s zoning jurisdiction, but that it is a good example for this discussion. The best 158
example of what has been permitted in the County is American Stone off of Highway 54, which is allowed to do incidental 159
processing (i.e. the breaking up of rock into smaller rock). The Ordinance does not allow for - and what we want to avoid is - 160
putting in an asphalt plant to take the rock and mix it with chemicals to turn it into asphalt. If you are allowed to get gas, the 161
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only option is converting it or using it for some other purpose on-site, other than the gas being mined and then being directly 162
removed. 163
164
Paul Guthrie said that this aspect is also regulated in effect, because when the pits are empty, they could become a water 165
supply. He said that we do not want contamination while they are doing their stone work. 166
167
Michael Harvey agreed that the goal is that there is no contamination. He pointed to the quarry off of NC Highway 57 which 168
has been there many, many years. He recalled that there was a movement when he first started with the County in 2005 to 169
develop an asphalt plant at the facility. Planning Staff wrote a very long, in-depth letter to not only the applicant but also to the 170
state to say that the Ordinance did not allow for this activity. 171
172
Tony Blake asked if the County was sued after this letter was sent. 173
174
Michael Harvey responded that no, they were anticipating that they may get sued, but the project never materialized. He 175
thinks that the ultimate goal in this category is to be consistent with the overall purpose and intent of the existing regulation. 176
He acknowledged that there will still be extraction of earth products, but the first condition under Article 5 is going to be no on-177
site processing, with appropriate language to address Paul’s observation that Planning is not trying to prohibit incidental 178
manufacturing of mined product. However, this incidental product will not be allowed to be further processed it into asphalt or 179
another product. Mr. Harvey continued his presentation and discussed the category of Financial Institutions. He said that the 180
following question came-up: Are we really going to prohibit pawn shops, currency exchange, and payday loan? Planning Staff 181
is recommending that these land uses be prohibited. He reminded the Committee that per recent court decision, Planning 182
Staff is obligated to list uses that are prohibited. If a land use category is not listed or somehow not captured within the land 183
use category as Staff defines them, it is viewed and deemed to be permitted by law. 184
185
Paul Guthrie asked about currency exchange. What is Staff’s definition? 186
187
Michael Harvey defined currency exchange as the conversion of cash by a place that is not a bank. 188
189
Paul Guthrie noted that there are several of these places in Orange County, most of which are in city jurisdictions. He said 190
there is a place off of Mount Carmel Church Road, a little old gas station that is now a store. It also advertises the sending of 191
money to various places. He asked if this place of business is what Mr. Harvey was referring. 192
193
Michael Harvey replied that no, the current exchange refers to the changing of money from one currency to another (e.g. I 194
bring you 100 pounds of English money and you change it to $100 of American money). Someone wiring money through 195
Western Union is not currency exchange. That is a wire service. 196
197
Paul Guthrie asked if it would be different if the exchange was for reverse currency. 198
199
Michael Harvey responded with the example that if he wired Paul Guthrie money and it goes through Western Union and the 200
money then comes to Tienda Market off of Mount Carmel Church Road, zoned EC-5 (Existing Commercial), then all the 201
business is doing is giving you the cash that was wired to them, completing a wire service. Mr. Harvey continued with the 202
presentation. He said that the land uses of Credit Agencies and Institutions are broken-out. Planning Staff may collapse these 203
categories since they can be defined within Professional Office, versus having 15 uses. It is probably easier to have in the 204
definitional framework than try to come-up with a listing for every possible professional office. 205
206
Tony Blake asked why ATMs are so restricted. He made the point that the public may want an ATM at any place where a bank 207
could be located, even a standalone ATM at a convenience store or other place. 208
209
Michael Harvey answered that while he does not think that the category is too restrictive, he does realize that currently, 210
standalone ATMs are only allowed in a few districts. He made the point that when you start looking at the other uses allowed 211
in those districts, it is a question of ensuring that Planning Staff is also consistent with the land use categories as defined 212
within the UDO and the Comprehensive Plan. He reflected that it sounded like Staff should review where standalone ATMs 213
should be located again, which Staff will do during the next review. Staff may consider treating standalone ATMs as an 214
accessory use to a retail operation as a prevision of retail. One of the reasons Staff is providing a difference between banks 215
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with and without ATMs is so that there are existing regulations in UDO that deal with prohibition of drive thru lanes, which can 216
affect the impact of ATMs. Staff was trying to ensure that if a bank was moving into an area where drive thrus are prohibited 217
that the bank was not excluding, especially since drive thrus are just one facet of the bank. This was a compromise for a bank 218
to have reasonable use that may be located in the Hillsborough Economic Development District, for example, wherein drive 219
thrus are prohibited. 220
221
Kim Piracci asked why there cannot be pawn shops or currency exchange or payday loan establishments? 222
223
Michael Harvey answered that from his standpoint and from the standpoint of a couple of County Commissioners, payday loan 224
businesses can be viewed as predatory lending agencies, and that they, along with pawn shops, are not acceptable in Orange 225
County. He believes that we can encourage other land uses that are more productive. 226
227
Kim Piracci asked if there was a certain judgment going on with pawn shops, payday loans and currency exchanging. 228
229
Michael Harvey replied in the affirmative. 230
231
Paul Guthrie asked about currency exchange being allowed in a bona fide bank, not as a separate use. 232
233
Michael Harvey answered that currency exchange is part of a bank and part of the bank’s operation. The change in the Table 234
limits currency exchange or a pawn shop as a standalone use. 235
236
Randy Marshall reviewed the Table of Permitted Uses to confirm that there is no zoning district where these aforementioned 237
uses are permitted. 238
239
Michael Harvey responded that the land use has to be listed even though it is prohibited in all zoning districts. 240
241
Paul Guthrie asked if the County Attorney believes that pawn shops can be barred in this manner. 242
243
Michael Harvey replied that yes, and the Table is now in its third iteration of review, so there has been time to mull over this 244
matter. 245
246
Committee members talked amongst themselves. 247
248
Michael Harvey continued the presentation. The next category for review is Government Services. Planning Staff aims to 249
simplify the uses in the Definitions section (e.g. Government Facilities and Other Buildings (i.e. Administrative, Health 250
Education, etc.), will be listed out in Definitions). 251
252
Tony Blake asked that if the Table of Permitted Uses is a blacklist, why not just eliminate these uses. 253
254
Michael Harvey answered that currently, Government Facilities and Office Buildings are permitted everywhere along with 255
Government Protective Services. There may be some districts wherein the County Commissioners want to discourage these 256
uses. For example, Government Facilities and Office Buildings are not allowed in Existing Commercial, Existing Industrial, 257
Agricultural Services, and certain Economic Development Districts. 258
259
Kim Piracci asked for clarification that these said government facilities only includes county facilities. 260
261
Michael Harvey answered that the Table may not be able to refer to county government only as the reference may be 262
inconsistent with the law. This is being reviewed with the County Attorney. 263
264
Kim Piracci raised the example of a mini police station in University Mall, a County entity within a non-government facility. 265
266
Michael said that the County would not discourage the Sheriff’s office from having a County Sheriff’s substation somewhere. 267
268
Kim Piracci asked if there used to be a DMV in the same area. 269
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270
Michael Harvey confirmed this and added that DMVs are private contractors that get a licensing agreement with the state to 271
run the office. They are independently owned. 272
273
Kim Piracci said that DMVs are still a state office with no County jurisdiction. 274
275
Michael Harvey acknowledged this point and said that yes, unfortunately state entities are limited - 276
277
Tony Blake asked if as state contractors they are limited. 278
279
Michael Harvey answered that it does not matter if DMV services are independently provided by a contractor or not; they are 280
an operative with the state of North Carolina until their license is revoked. 281
282
Tony Blake said that he was asking this question from a firefighter’s perspective because they are governed under state 283
statutes, not County statute, although their budget is approved by the BOCC. 284
285
Randy Marshall asked for confirmation that there are correctional and detention centers in Orange County but that they are 286
located in municipalities. 287
288
Michael Harvey confirmed this. There is the jail at the county courthouse and there is the detention center on Highway 86 near 289
the State Employees Credit Union. He believes that the County Attorney’s Office may say that this categorization may not 290
work. They may argue that if you say detention center, you have to allow it in certain sections of the UDO, and you may not 291
have a choice as the state can put a center in no matter what, per eminent domain. Mr. Harvey continued with his 292
presentation. The next category to be discussed is Manufacturing, Assembly, and Processing. The takeaway from this 293
category is that the County Attorney’s office would prefer that we collapse these uses and use definitions for details. The 294
Planning Director and Economic Development Director have identified a need for specificity; as you are marketing property to 295
support development, companies like to see the use specifically listed so that they have some assurance that a land use is 296
permitted. Michael said that he is going to have to figure out a way to make this work, and as Planning Staff makes decisions, 297
they will keep the Committee up to speed on any modifications. 298
299
Craig Benedict spoke about this dynamic. He said that listing “like manufacturing” within categories is too broad. Different 300
businesses have asked for more specificity. He said that Planning Staff is trying to find a balance between listing everything 301
and being too vague. For example, we had three different levels of retail, but they were not listed or defined. 302
303
Michael Harvey replied that the retail and certain office land uses were based on the anticipated daily number of traffic trips 304
generated by a proposed use from low intensity (0 to 210 trips) to medium (over 200 trips-400 trips) to high intensity (over 400 305
trips). The County Attorney and Planning Staff were concerned that an individual will not know the daily traffic impact. An 306
individual going through an arduous development design process will have to identify what the traffic impact and will then have 307
to determine if the use is permitted. It is better to say retail will work outright and then come-up with square footage limitations 308
to provide specificity. In Neighborhood Commercial and Local Commercial zoning districts, low intensity non-residential 309
districts, it will be possible to do retail development up to 12,000 square feet, which would equate to a low traffic volume while 310
allowing for retail of reasonable size to serve the needs of the community. The idea is to accomplish the same result that a 311
traffic study could do with square footage limitations. This seems to be more reasonable than an individual having to hire an 312
engineer to spend thousands of dollars on a traffic study to determine that they may not even be able to be in that location. 313
This was the County Attorney’s original concern, and Planning Staff seems to have addressed it. 314
315
Randy Marshall provided the example of Southern States as a business that may sell a pesticide but does not manufacture it. 316
317
Michael Harvey responded that there is whole sale trade in retail. If the question is if Southern States could combine two 318
products to sell, there is a provision in Manufacturing that may allow for that. However, the primary business of Southern 319
States is retail and the square footage limitation will limit some of the intensity of the activity. 320
321
Randy Marshall referred to a custodial supply company on Highway 54 that made cleaning products. 322
323
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Michael Harvey said that there are land use categories that allow for that type of manufacturing but not in the Neighborhood 324
and Local Commercial zoning districts that are established on Highway 54. Instead, this type of manufacturing will be in 325
Economic Development Districts where the idea is to encourage and promote higher intensity land uses like manufacturing 326
where there are typically the services there to satisfy their needs. 327
328
Randy Marshall said that manufacturing of cleaning compounds is not listed in the Table of Permitted Uses. Would the 329
business to which he was referring be non-compliant? 330
331
Michael Harvey responded that not all uses are noted in the Table and that there are some businesses that are non-compliant. 332
He thanked Mr. Marshall for his bringing this category to his attention. He will look into it. 333
334
David Blankfard asked about pharmaceutical manufacturing in greenhouses or grow-houses. Is this a permitted use under 335
Manufacturing? 336
337
Michael Harvey answered that this example sounded like a permitted use under Agricultural Uses - Greenhouses with On-338
Premise Sales. 339
340
David Blankfard said that he was thinking of the company Medicago which is growing tobacco plants to make vaccines and do 341
research. 342
343
Michael Harvey said that this type of activity is captured within Manufacturing under Pharmaceutical and Medicine 344
Manufacturing. Mr. Harvey continued his presentation. The next category is Medical Uses. Health Services includes doctor’s 345
offices or specialists. These offices are allowed in numerous locations; the qualifier is that they are limited by square footage, 346
now detailed in Article 5. Staff added the category Medical and Diagnostic Laboratories which may have to be broadened 347
since Medical Uses – Uses Not Listed Herein is being eliminated. Mental Health and Substance Abuse Centers were also 348
added. Next, in the land use category of Recreation, the main addition is Theaters. Theaters can be both indoor and outdoor, 349
and Staff has proposed standards in Article 5 spelling out where indoor and outdoor theaters can be located and able to show 350
a motion picture and performance, the activity being the same. In review of the category Residential, Planning Staff has added 351
Health and Personal Care Facilities per a February discussion with the Boards. These facilities, by definition, are designed to 352
capture assisted living, nursing homes, and institutionalized housing for people who need it. They essential have the same 353
impact and all provide essentially the same service. Staff does not want to distinguish between an assisted and a Medicare 354
facility as they are both providing a necessary service. In response to this, a County Commissioner has asked if Planning is 355
trying to encourage this type of service in rural areas of the County. Mr. Harvey’s recommendation is no; it needs to be 356
encouraged in areas of the County that have the facilities to support it, specifically water and sewer services. It can be 357
problematic to have a Carolina Meadows-style facility in a rural area where there are no facilities (Carolina Meadows has its 358
own water and sewer) and where there may not be water and sewer for a very long time, especially in consideration of areas 359
in the Rural Buffer. 360
361
Kim Piracci asked about recreation activities such as live music, which she noticed is not specifically listed. She worried that if 362
something like live music is not listed, it is prohibited. 363
364
Michael Harvey answered that live music is detailed in the Article 5 and that he will email her the provisions. Regulatory 365
standards deal with hours of operation, setbacks and other standards. The Sheriff’s Office deals with noise complaints. 366
367
Randy Marshall asked if Recreational Uses Not Listed Herein is a catchall. 368
369
Michael Harvey answered that the land use will be going away. In response to general comments from Committee members 370
on various recreational activities like rollerblading, motorcross, race track and such, Mr. Harvey responded that with the global 371
category Recreational Facilities spells out a myriad of activities. If someone straps on a pair of rollerblades and skates in a 372
park, this is not a regulated activity, whereas proposing to build a skating rink is a regulated activity. The Recreational Facility 373
is the ultimate catchall and it was recently revised two years ago. 374
375
Paul Guthrie brought-up the example of the cricket field off of Old Greensboro Road on someone’s property, holding games 376
on the weekend. 377
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378
Michael Harvey said that the issue that the neighbors of the cricket field are upset about is in regards to waste and bathroom 379
facilities - how is that being addressed during cricket games? Planning Staff is aware that there is a league that is advertising 380
the field for games on the property and is taking money from players that are joining the league’s membership. This is a 381
pending enforcement matter. He went on to say that the goal of the County is not to say that you cannot hold a pick-up 382
basketball game, a cricket game, or the like on your property, but when there is more of an organization component to the 383
activity, it has ancillary impacts, and people may need to go through a process. People coming over to play poker or pool at 384
someone’s house does not make the house a pool hall. There is a limit to which regulation should play. Mr. Harvey continued 385
his presentation. The next topic of discussion is Services and he read aloud the categories within. He highlighted the addition 386
of Religious Facility. This category is meant to be a catchall for all places of worship. Currently, “church” is the only category 387
defined, and over the years, members of the public and applicants have raised issue with not fitting into this category. What 388
about a synagogue or a mosque or an ashram? This is new category is an attempt to convey that the County does not 389
discriminate against religious facilities. Mr. Harvey focused next on Telecommunications. While this category has existing 390
language, there will be a wholesale modification of these standards next year. The next category of discussion was Temporary 391
Uses. He said that there has been some debate on the need for this category based on questions around legal sufficiency. 392
Planning Staff has been working with the County Attorney to address these questions. 393
394
David Blankfard asked about what constitutes “temporary.” 395
396
Michael Harvey answered that “temporary” is defined by standards in the UDO and in the Definitions section. For example, 397
you could have a yard sale once a month. The category of Buildings – Portable is usually in reference to initial storage for 398
construction. It is possible that Planning Staff may have to add another category to the Table referring to a temporary 399
residential unit (e.g. temporary mobile home or recreational vehicle) that can be stationed temporarily on your property while 400
you are doing construction on your house, though it must be removed within 90 days. The Temporary Fund Raising Activity is 401
permitted, providing that these activities do not exceed two days per month, though there is no definition of this in Definitions. 402
403
Paul Guthrie asked about an activity such as fundraising during the holiday season outside of the grocery store where 404
someone puts money into a basket. 405
406
Michael Harvey responded that that activity would count in this category, as would selling Christmas Trees if it is a fundraising 407
activity versus retail. In Mr. Harvey’s opinion, the Girl Scouts selling cookies is retail not fund raising. Mr. Harvey moved on 408
with the presentation and addressed the land use category of Utilities in the Table. He said that Planning Staff is not proposing 409
any major changes in this category or in Waste Management that the UDO has not already covered. In regards to the 410
category of Wholesale Trade, Staff thinks that this category captures everything already listed. In Miscellaneous, uses that 411
have been deleted have been moved to the appropriate category within the Table. He noted that Staff is still not touching 412
airports but that Staff is reviewing Rural Special Events. 413
414
Paul Guthrie asked about the significance of the exclamation point symbol noted after the land use in the Table of Permitted 415
Uses, as shown after S.T.O.L. within the Airport land use category. 416
417
Michael Harvey answered that the exclamation point is meant to inform the reader of development criteria associated with the 418
land use. 419
420
Tony Blake asked about how much affect Planning Staff has over research, development and manufacturing of firearms. Can 421
Staff prohibit that? 422
423
Michael Harvey answered that missiles manufacturing is prohibited. 424
425
Tony Blake gave the example of two of his neighbors making large fireworks. They also have A.T.F. Class III magazines on 426
their property. 427
428
Michael Harvey asked if this activity happens on their residence. 429
430
Tony Blake answered yes. 431
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432
Michael Harvey suggested that they should have a Home Occupation Permit, which under some circumstances, may give 433
them authority to do some of these activities. However, this specific use will not lead to – on a larger scale - gun or 434
ammunition manufacturing in the Economic Development Districts as this is currently written. 435
436
Michael Harvey concluded his presentation and made note that he owes Paul Guthrie feedback on schools, tutoring and a few 437
other things. He will spell-out for Kim Piracci the outdoor performance hours and standards for an outdoor theater. He asked 438
what else he could check on? 439
440
Kim Piracci asked if there would be any discussion in the Table on Airbnbs? 441
442
Michael Harvey replied that some County residents have complained about purported Airbnbs, so the topic will have to be 443
addressed. His general take on the matter is that if you are renting out your house, he legally cannot tell you if you can do that 444
for a weekend, week or month. An Airbnb is still a single family residence; it is being used for a truncated period of time. If you 445
rent your house and are not there and are providing an amenity or service to your guests, it becomes more like a bed and 446
breakfast or something else and a permit may be needed. There are different grades of a bed and breakfast that existing 447
regulations would handle. 448
449
Kim Piracci followed-up that she asked the question with some California counties in mind that are trying to recoup lost taxes 450
from Airbnbs. 451
452
Michael Harvey made the comment that it is not the responsibility of the Land Use Enforcement Officer to ensure the tax 453
viability of the County. Planning Staff gets similar complaints on non-registered motor vehicles as well. While we do inform the 454
tax office, Staff is charged with determining if the vehicle is “junked” and if it is junked, compelling compliance with the Code. If 455
it is not an operational vehicle, then it may need to be removed. 456
457
Craig said there have been mixed reviews on Airbnbs in that they provide a service and bring in tourism dollars. 458
459
Paul Guthrie said that in the university community, there are a large number of rentals of university faculty’s homes while 460
faculty is on sabbatical or and other such cases. 461
462
Tony Blake said that an Airbnb in the County is likely not competing with a hotel in town. There could be an issue with noise. 463
464
Michael Harvey answered that there is the perceived issue and the real issue; the real issue is noise or traffic or whatnot . The 465
perceived issue is “I don’t like it.” Mr. Harvey then summarized the follow-up work he would be doing for the Committee and 466
since revised drafts will be coming out soon, he encouraged members to contact him with any additional questions. The 467
Planning Board will be looking at this in August to make a recommendation to the elected officials. 468
469
Tony Blake asked if the hours would be the same and consistent for Rural Special Events. 470
471
Michael Harvey replied that hours would not necessarily be the same. Some theaters are only allowed in commercial districts. 472
Planning Staff bases hours of operation for an event on whether it will be adjacent to residential land uses or residential 473
zoning. If an event is going to be in the middle of an Economic Development District, is there a reason to have a 10 o’clock 474
curfew? 475
476
Tony Blake called for a motion to adjourn the meeting. Kim Piracci made the motion. Paul Guthrie seconded the motion. 477
ORC meeting was adjourned by consensus 478
479
480
481
___________________________________ 482
Lydia Wegman, Chair 483
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STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENTS
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated amendments to the Unified Development Ordinance
(UDO) and modifying the table of permitted uses as well as development requirements for
various land uses. Proposed changes seek to clarify allowable and prohibited land uses within
the various general use zoning districts throughout the County.
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 5 Land Use Element of the Comprehensive Plan:
• Land Use Goal 6: A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by eliminating existing nebulous and contradictory
language outlining permitted and prohibited land uses in
favor of a centralized, uniform, table of permitted uses
making it easier for the reader to identify those land uses
that are viable for development within a given zoning district.
c. The amendment is reasonable and in the public interest because it:
1. Ensures the legal sufficiency of the UDO by clarifying those land uses that
are allowed and/or prohibited within the County’s planning jurisdiction.
These amendments create a central table outlining allowable and
prohibited land uses thereby eliminating contradictory and
inconsistent references, which create confusion to the reader as to
what land uses are allowed or prohibited in a given general use
zoning district.
2. Ensures uniformity with respect to the listing and defining of land uses within
the UDO.
The amendment eliminates the existing multiple, different,
methodologies for listing allowable land uses in favor of a
centralized, single, table utilizing the same list of allowable and
prohibited land uses making it easier for the reader to identify those
land uses viable for development.
Attachment 4
132
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
133
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
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S
A SPE
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∆ = SUB
J
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C
T
T
O
SPE
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I
A
L
STA
N
D
A
R
D
S
C=
CONDITIONAL USE (REZONING & CLASS A SUP) 1
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
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~
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to
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TAB
L
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O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
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R
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N
D
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R
D
S
C=
CONDITIONAL USE (REZONING & CLASS A SUP)
USE
TYP
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GEN
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R
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L
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N
G
DIS
T
R
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C
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c
t
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5.
2
.
2
re
f
e
r
e
n
c
i
n
g
th
e
de
v
e
l
o
p
m
e
n
t
of
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sh
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t
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r
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as
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l
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as
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u
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n
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r
sh
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l
t
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r
s
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.
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a
f
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m
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n
d
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g
th
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s
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c
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t
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s
t
r
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as
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l
l
as
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h
e
r
ge
n
e
r
a
l
us
e
zo
n
i
n
g
di
s
t
r
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c
t
s
.
6 A re
p
a
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r
ga
r
a
g
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is
de
f
i
n
e
d
in
Ar
t
i
c
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e
10
of
th
e
UD
O
as
:
An
es
t
a
b
l
i
s
h
m
e
n
t
wh
e
r
e
th
e
fo
l
l
o
w
i
n
g
se
r
v
i
c
e
s
ar
e
av
a
i
l
a
b
l
e
:
ma
j
o
r
me
c
h
a
n
i
c
a
l
re
p
a
i
r
s
,
in
c
l
u
d
i
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en
g
i
n
e
ov
e
r
h
a
u
l
,
an
d
tr
a
n
s
m
i
s
s
i
o
n
work. Repair garages can also offer services similar to service stations. The
di
f
f
e
r
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n
c
e
be
t
w
e
e
n
th
i
s
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d
a se
r
v
i
c
e
st
a
t
i
o
n
,
by
de
f
i
n
i
t
i
o
n
an
d
st
a
f
f
int
e
r
p
r
e
t
a
t
i
o
n
,
is
th
a
t
a se
r
v
i
c
e
st
a
t
i
o
n
ca
n
se
l
l
ga
s
wh
i
l
e
a re
p
a
i
r
ga
r
a
g
e
ca
n
n
o
t
.
7 Th
e
la
n
d
us
e
is
cu
r
r
e
n
t
li
s
t
e
d
in
th
i
s
ca
t
e
g
o
r
y
in
th
e
ED
D
di
s
t
r
i
c
t
s
as
Su
r
f
a
c
e
an
d
st
r
u
c
t
u
r
e
pa
r
k
i
n
g
as
pr
i
n
c
i
p
a
l
us
e
.
Th
e
r
e
ar
e
ot
h
e
r
st
a
n
d
a
r
d
s
as
s
o
c
i
a
t
e
d
wi
t
h
de
v
e
l
o
p
m
e
n
t
as
we
l
l
.
These standards are being moved to the appropriate section of Article 5.
8 St
a
f
f
is
el
i
m
i
n
a
t
i
n
g
la
n
g
u
a
g
e
re
f
e
r
e
n
c
i
n
g
th
i
s
as
a pr
i
n
c
i
p
a
l
us
e
as
it
is
se
l
f
‐ev
i
d
e
n
t
gi
v
e
n
it
s
li
s
t
i
n
g
in
th
e
ta
b
l
e
of
pe
r
m
i
t
t
e
d
us
e
s
.
9 St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
a de
f
i
n
i
t
i
o
n
fo
r
th
i
s
ac
t
i
v
i
t
y
to
cl
a
r
i
f
y
wh
a
t
is
al
l
o
w
e
d
.
10
In
re
v
i
e
w
i
n
g
th
i
s
pr
o
j
e
c
t
wi
t
h
th
e
Co
u
n
t
y
’
s
At
t
o
r
n
e
y
Of
f
i
c
e
th
e
r
e
wa
s
di
s
c
u
s
s
i
o
n
ov
e
r
th
e
vi
a
b
i
l
i
t
y
of
de
v
e
l
o
p
i
n
g
a ‘c
a
t
c
h
al
l
’
la
n
d
us
e
to
ca
p
t
u
r
e
an
y
us
e
ac
t
i
v
i
t
y
no
t
sp
e
c
i
f
i
c
a
l
l
y
listed. We believe we are within our legal ability to create same in an effort to ensure
we
ar
e
co
m
p
l
a
i
n
t
wi
t
h
th
e
By
rd
de
c
i
s
i
o
n
.
Th
i
s
so
l
u
t
i
o
n
is
st
i
l
l
be
i
n
g
re
v
i
e
w
e
d
by
th
e
At
t
o
r
n
e
y
.
11
Af
t
e
r
fu
r
t
h
e
r
re
v
i
e
w
th
e
r
e
is
a co
n
c
e
r
n
ov
e
r
li
m
i
t
e
d
ju
d
i
c
i
a
l
re
v
i
e
w
of
th
i
s
co
n
c
e
p
t
.
St
a
f
f
is
el
i
m
i
n
a
t
i
n
g
th
e
us
e
of
a ca
t
c
h
a
l
l
ca
t
e
g
o
r
y
al
t
o
g
e
t
h
e
r
.
135
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
ADU
L
T
A
N
D
CHI
L
D
CAR
E
& EDU
C
A
T
I
O
N
A
L
FAC
I
L
I
T
I
E
S
12
Ad
u
l
t
D
a
y
c
a
r
e
H
o
m
e
∆ 13
*
*
*
*
*
Ad
u
l
t
D
a
y
c
a
r
e
F
a
c
i
l
i
t
i
e
s
∆ 14
*
*
*
* *
Da
y
c
a
r
e
15
Ce
n
t
e
r
i
n
a
R
e
s
i
d
e
n
c
e
fo
r
3
t
o
1
2
Ch
i
l
d
r
e
n
16
∆
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Ch
i
l
d
C
a
r
e
F
a
c
i
l
i
t
i
e
s
∆ 17
B
B
B
B
B
B
B
B
B
*
*
*
*
*
*
B*
B*18 * * *
Li
b
r
a
r
i
e
s
*
*
*
*
*
*
C# * * * *
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
19
A
*
Sc
h
o
o
l
s
:
D
a
n
c
e
,
A
r
t
&
M
u
s
i
c
20
*
*
*
*
*
*
*
C#* * * *
Sc
h
o
o
l
s
:
El
e
m
e
n
t
a
r
y
,
M
i
d
d
l
e
,
a
n
d
S
e
c
o
n
d
a
r
y
Pr
e
p
a
r
a
t
o
r
y
∆ 21
A
A
A
A
A
A
A
A
A
A
A
A
* A22 *
Sc
h
o
o
l
s
:
Vo
c
a
t
i
o
n
a
l
T
e
c
h
n
i
c
a
l
,
T
r
a
d
e
,
a
n
d
S
k
i
l
l
Tr
a
i
n
i
n
g
∆ 23
*
*
*
*
*
*
*
*
C#
C# *24 * * * *
12
Af
t
e
r
co
n
f
e
r
r
i
n
g
wi
t
h
th
e
Pl
a
n
n
i
n
g
Bo
a
r
d
,
st
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
ad
d
i
n
g
th
e
te
r
m
‘A
d
u
l
t
’
to
th
e
ti
t
l
e
of
th
i
s
la
n
d
us
e
ca
t
e
g
o
r
y
.
Th
e
r
e
ar
e
la
n
d
us
e
s
co
n
t
a
i
n
e
d
wi
t
h
i
n
th
i
s
ca
t
e
g
o
r
y
that provide ‘care’ for individuals other than children. We cannot have the land use
ca
t
e
g
o
r
y
na
m
e
in
c
o
n
s
i
s
t
e
n
t
wi
t
h
pe
r
m
i
t
t
e
d
us
e
s
co
n
t
a
i
n
e
d
th
e
r
e
i
n
.
13
Th
i
s
is
a us
e
fo
c
u
s
e
s
on
th
e
ca
r
e
of
ad
u
l
t
s
wh
o
ma
y
ne
e
d
sp
e
c
i
a
l
i
z
e
d
ca
r
e
du
r
i
n
g
th
e
da
y
.
Th
e
r
e
ar
e
re
v
i
s
e
d
re
g
u
l
a
t
i
o
n
(
s
)
in
Ar
t
i
c
l
e
5 ou
t
l
i
n
i
n
g
ho
w
su
c
h
a us
e
co
u
l
d
be
de
v
e
l
o
p
e
d
and a new definition proposed for Article 10. The word ‘Home’ was added to reflect
co
m
m
e
n
t
s
fr
o
m
th
e
Co
un
t
y
At
t
o
r
n
e
y
on
Ju
n
e
27
,
20
1
7
.
14
Th
i
s
is
a pr
o
p
o
s
e
d
ne
w
la
n
d
us
e
ca
t
e
g
o
r
y
mi
r
r
o
r
i
n
g
th
e
ex
i
s
t
i
n
g
Ch
i
l
d
Ca
r
e
Fa
c
i
l
i
t
i
e
s
la
n
d
us
e
wi
t
h
in
t
e
n
t
to
of
f
e
r
‘d
a
y
c
a
r
e
’
se
r
v
i
c
e
s
to
ad
u
l
t
s
wh
o
ma
y
ne
e
d
su
c
h
se
r
v
i
c
e
s
.
Ad
d
e
d
as a new, separate, land use category to reflect comments made by the County
At
t
o
r
n
e
y
on
Ju
n
e
27
,
20
1
7
.
15
Se
c
t
i
o
n
5.
8
.
1
of
th
e
UD
O
in
d
i
c
a
t
e
s
th
e
‘t
i
t
l
e
’
to
th
i
s
la
n
d
us
e
is
‘Da
y
c
a
r
e
Ce
n
t
e
r
in
a Re
s
i
d
e
n
c
e
’
. St
a
f
f
is
mo
d
i
f
y
i
n
g
th
e
ta
b
l
e
of
pe
r
m
i
t
t
e
d
us
e
s
to
en
s
u
r
e
co
n
s
i
s
t
e
n
c
y
th
r
o
u
g
h
o
u
t
.
16
Th
e
r
e
is
no
ne
e
d
to
li
s
t
th
e
ex
i
s
t
i
n
g
li
m
i
t
a
t
i
o
n
in
th
e
Ta
b
l
e
of
Pe
r
m
i
t
t
e
d
Us
e
s
.
Th
e
li
m
i
t
a
t
i
o
n
is
ca
p
t
u
r
e
d
in
th
e
re
g
u
l
a
t
i
o
n
s
go
v
e
r
n
i
n
g
de
v
e
l
o
p
m
e
n
t
of
sa
m
e
as
de
t
a
i
l
e
d
in
Se
c
t
i
o
n
5.8.1 of the UDO.
17
Re
g
u
l
a
t
i
o
n
s
go
v
e
r
n
i
n
g
de
v
e
l
o
p
m
e
n
t
ar
e
co
n
t
a
i
n
e
d
in
Se
c
t
i
o
n
5.
8
.
2
of
th
e
UD
O
.
18
Re
c
o
m
m
e
n
d
i
n
g
al
l
o
w
i
n
g
as
a pe
r
m
i
t
t
e
d
us
e
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
ED
E
‐1 an
d
ED
E
‐2 ge
n
e
r
a
l
us
e
zo
n
i
n
g
di
s
t
r
i
c
t
s
.
19
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
th
e
la
n
d
us
e
be
el
i
m
i
n
a
t
e
d
.
To
ou
r
kn
o
w
l
e
d
g
e
we
ha
v
e
no
su
c
h
us
e
s
in
ex
i
s
t
e
n
c
e
an
d
ar
e
un
s
u
r
e
wh
a
t
th
e
in
t
e
n
t
of
th
e
us
e
wa
s
wh
e
n
cr
e
a
t
e
d
.
20
Th
e
la
n
d
us
e
ca
t
e
g
o
r
y
is
be
i
n
g
de
l
e
t
e
d
.
Th
e
s
e
la
n
d
us
e
s
ar
e
be
i
n
g
co
n
s
o
l
i
d
a
t
e
d
in
t
o
ne
w
ca
t
e
g
o
r
y
en
t
i
t
l
e
d
Sc
h
o
o
l
s
– Te
c
h
n
i
c
a
l
an
d
Tr
a
d
e
.
21
A ne
w
de
f
i
n
i
t
i
o
n
ha
s
be
e
n
ad
d
e
d
to
Ar
t
i
c
l
e
10
de
f
i
n
i
n
g
th
i
s
te
r
m
,
wh
i
c
h
no
w
in
c
l
u
d
e
s
el
e
m
e
n
t
a
r
y
,
mi
d
d
l
e
,
an
d
se
c
o
n
d
a
r
y
sc
h
o
o
l
s
,
pu
b
l
i
c
or
pr
i
v
a
t
e
.
Th
e
te
r
m
al
s
o
in
c
l
u
d
e
s
pr
e
‐schools and any other institution that is designed to provide/satisfy the educational
re
q
u
i
r
e
m
e
n
t
s
as
s
o
c
i
a
t
e
d
wi
t
h
th
e
St
a
t
e
of
No
r
t
h
Ca
r
o
l
i
n
a
De
p
a
r
t
m
e
n
t
of
Ed
u
c
a
t
i
o
n
ma
nd
a
t
o
r
y
cu
r
r
i
c
u
l
u
m
.
22
St
a
f
f
is
un
s
u
r
e
wh
y
in
th
e
ED
E
‐1 ge
n
e
r
a
l
us
e
zo
n
i
n
g
di
s
t
r
i
c
t
a ‘s
c
h
o
o
l
’
is
pe
r
m
i
t
t
e
d
by
ri
g
h
t
wh
i
l
e
in
ot
h
e
r
di
s
t
r
i
c
t
s
is
re
q
u
i
r
e
d
a Cl
a
s
s
A Sp
e
c
i
a
l
Us
e
Pe
r
m
i
t
,
in
c
l
u
d
i
n
g
ot
h
e
r
ED
D
di
s
t
r
i
c
t
s
.
We are recommending this be changed to only being allowed with the issuance
of
a Cl
a
s
s
A Sp
e
c
ia
l
Us
e
Pe
r
m
i
t
(A
)
co
n
s
i
s
t
e
n
t
wi
t
h
ot
h
e
r
di
s
t
r
i
c
t
s
.
23
A br
o
a
d
la
n
d
us
e
ca
t
e
g
o
r
y
de
s
i
g
n
e
d
to
ad
d
r
e
s
s
vo
c
a
t
i
o
n
a
l
,
pr
o
f
e
s
s
i
o
n
a
l
,
tr
a
d
e
,
an
d
ot
h
e
r
si
m
i
l
a
r
sc
h
o
o
l
s
.
A ne
w
de
f
i
n
i
t
i
o
n
ha
s
be
e
n
in
c
l
u
d
e
d
in
Ar
t
i
c
l
e
10
ou
t
l
i
n
i
n
g
wh
a
t
ea
c
h
category includes. Staff is proposing regulation(s) identifying which general use zoning
di
s
t
r
i
c
t
s
va
r
i
o
u
s
sc
h
o
o
l
s
ar
e
al
l
o
w
e
d
in
Ar
t
i
c
l
e
5.
Formatte Formatte 136
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Se
n
i
o
r
C
e
n
t
e
r
25
*
*
*
* *
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
∆ 26
*A
*A
*A
*
*
*
* * * * *
Ch
i
l
d
a
n
d
A
d
u
l
t
C
a
r
e
-
U
s
e
s
N
o
t
L
i
s
t
e
d
H
e
r
e
i
n
!
A
A
A
A *
24
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
de
l
e
t
i
n
g
th
e
us
e
fr
o
m
th
e
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
Bu
c
k
h
o
r
n
Lo
w
In
t
e
n
s
i
t
y
(E
D
B
‐1)
al
t
o
g
e
t
h
e
r
an
d
al
l
o
w
i
n
g
wi
t
h
i
n
th
e
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
Bu
c
k
h
o
r
n
High Intensity (EDB‐2) district as a permitted use. This land use is currently allowed
wi
t
h
i
n
th
e
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
En
o
Hi
g
h
In
t
e
n
s
i
t
y
(E
D
E
‐2)
di
s
t
r
i
c
t
as
a pe
r
m
i
t
t
e
d
us
e
of
pr
o
pe
r
t
y
.
Th
e
am
e
n
d
m
e
n
t
is
de
s
i
g
n
e
d
to
cr
e
a
t
e
un
i
f
o
r
m
i
t
y
.
25
St
a
f
f
or
i
g
i
n
a
l
l
y
re
c
o
m
m
e
n
d
e
d
th
e
Se
n
i
o
r
Ce
n
t
e
r
la
n
d
us
e
be
ad
d
e
d
to
th
e
re
v
i
s
e
d
ta
b
l
e
.
Af
t
e
r
fu
r
t
h
e
r
re
v
i
e
w
it
ha
s
be
e
n
de
e
m
e
d
to
be
un
n
e
c
e
s
s
a
r
i
l
y
re
p
e
t
i
t
i
v
e
wi
t
h
ot
h
e
r
si
m
i
l
a
r
activities (i.e. community center, club/lodge, etc.).
26
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
a ‘U
n
i
v
e
r
s
i
t
y
’
la
n
d
us
e
be
pe
r
m
i
t
t
e
d
as
a Cl
a
s
s
A Sp
e
c
i
a
l
Us
e
Pe
r
m
i
t
in
re
s
i
d
e
n
t
i
a
l
ge
n
e
r
a
l
us
e
zo
n
i
n
g
di
s
t
r
i
c
t
s
.
Formatte FormatteFormatteStrikethrouFormatteFormatteFormatte 137
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
CON
S
T
R
U
C
T
I
O
N
/C
ON
T
R
A
C
T
O
R
OFF
I
C
E
S
27
, 28
Bu
i
l
d
i
n
g
C
o
n
t
r
a
c
t
o
r
s
–
N
o
E
x
t
e
r
n
a
l
S
t
o
r
a
g
e
o
f
Ma
t
e
r
i
a
l
s
o
r
E
q
u
i
p
m
e
n
t
29
*
*
*
*
*
*
* * * * * *
Bu
i
l
d
i
n
g
C
o
n
t
r
a
c
t
o
r
s
–
W
i
t
h
E
x
t
e
r
n
a
l
S
t
o
r
a
g
e
o
f
Ma
t
e
r
i
a
l
s
o
r
E
q
u
i
p
m
e
n
t
*
*
* *
Pl
u
m
b
i
n
g
,
E
l
e
c
t
r
i
c
a
l
,
H
e
a
t
i
n
g
,
G
l
a
s
s
/
G
l
a
z
i
n
g
,
Ma
s
o
n
r
y
/
D
r
y
w
a
l
l
,
P
a
i
n
t
i
n
g
/
W
a
l
l
C
o
v
e
r
i
n
g
,
C
a
r
p
e
n
t
r
y
,
Fl
o
o
r
i
n
g
,
R
o
o
f
i
n
g
/
S
i
d
i
n
g
,
C
o
n
c
r
e
t
e
,
a
n
d
S
i
m
i
l
a
r
Tr
a
d
e
C
o
n
t
r
a
c
t
o
r
s
–
N
o
E
x
t
e
r
n
a
l
S
t
o
r
a
g
e
o
f
Ma
t
e
r
i
a
l
s
o
r
E
q
u
i
p
m
e
n
t
*
*
*
*
*
*
*
* * * * * *
Pl
u
m
b
i
n
g
,
E
l
e
c
t
r
i
c
a
l
,
H
e
a
t
i
n
g
,
G
l
a
s
s
/
G
l
a
z
i
n
g
,
Ma
s
o
n
r
y
/
D
r
y
w
a
l
l
,
P
a
i
n
t
i
n
g
/
W
a
l
l
C
o
v
e
r
i
n
g
,
C
a
r
p
e
n
t
r
y
,
Fl
o
o
r
i
n
g
,
R
o
o
f
i
n
g
/
S
i
d
i
n
g
,
C
o
n
c
r
e
t
e
a
n
d
S
i
m
i
l
a
r
T
r
a
d
e
Co
n
t
r
a
c
t
o
r
s
–
W
i
t
h
E
x
t
e
r
n
a
l
S
t
o
r
a
g
e
o
f
M
a
t
e
r
i
a
l
s
o
r
Eq
u
i
p
m
e
n
t
*
*
* *
27
St
a
f
f
is
pr
o
p
o
s
i
n
g
to
us
e
th
e
ex
i
s
t
i
n
g
‘C
o
n
s
t
r
u
c
t
i
o
n
’
la
n
d
us
e
ca
t
e
g
o
r
y
fr
o
m
th
e
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
Di
s
t
r
i
c
t
(E
D
D
)
ta
b
l
e
s
(S
e
c
t
i
o
n
5.
2
.
2
of
th
e
UD
O
)
wi
t
h
i
n
th
e
ne
w
pe
r
m
i
t
t
e
d
use table construct. Currently construction land uses have been interpreted as being
co
n
t
a
i
n
e
d
wi
t
h
i
n
th
e
‘Of
f
i
c
e
s
an
d
Pe
r
s
o
n
a
l
Se
r
v
i
c
e
s
’ la
n
d
us
e
ca
t
e
g
o
r
y
as
co
n
t
a
i
ne
d
in
Se
c
t
i
o
n
5.
2
.
1
of
th
e
UD
O
.
St
a
f
f
be
l
i
e
v
e
s
li
s
t
i
n
g
al
l
o
w
a
b
l
e
la
n
d
us
e
s
in
th
e
pr
o
p
o
s
e
d
ma
n
n
e
r
eliminates confusion for the reader and staff and provides greater detail on where such
la
n
d
us
e
s
ar
e
to
be
pe
r
m
i
t
t
e
d
.
St
a
f
f
is
al
s
o
ad
d
i
n
g
th
e
wo
r
d
‘C
o
n
t
r
a
c
t
o
r
s
’
to
th
e
ti
t
l
e
of
th
e
la
n
d
us
e
ca
te
g
o
r
y
to
en
s
u
r
e
pr
o
p
e
r
re
f
e
r
e
n
c
e
s
to
th
e
ac
t
i
v
i
t
y
th
a
t
is
be
i
n
g
al
l
o
w
e
d
.
28
Pe
r
su
g
g
e
s
t
i
o
n
(
s
)
ma
d
e
by
th
e
Co
u
n
t
y
At
t
o
r
n
e
y
at
a Ju
n
e
27
,
20
1
7
me
e
t
i
n
g
,
a ce
n
t
r
a
l
‘O
f
f
i
c
e
’
la
n
d
us
e
ca
t
e
g
o
r
y
is
be
i
n
g
cr
e
a
t
e
d
.
‘C
o
n
s
t
r
u
c
t
i
o
n
/
C
o
n
t
r
a
c
t
o
r
’
of
f
i
c
e
is
be
i
n
g
mo
v
e
d
there. Further we will be eliminating different land use categories for contractors who
st
o
r
e
or
do
no
t
st
o
r
e
ma
t
e
r
i
a
l
s
ou
t
d
o
o
r
s
.
We
wi
l
l
in
c
l
u
d
e
re
f
e
r
e
n
c
e
s
to
sc
r
e
e
n
i
n
g
of
out
d
o
o
r
st
o
r
a
g
e
ar
e
a
s
in
th
e
ac
t
u
a
l
de
v
e
l
o
p
m
e
n
t
st
a
n
d
a
r
d
s
co
n
t
a
i
n
e
d
in
Ar
t
i
c
l
e
5.
29
Th
e
r
e
is
a di
s
t
i
n
c
t
i
o
n
in
th
e
UD
O
re
l
a
t
e
d
to
a bu
i
l
d
i
n
g
co
n
t
r
a
c
t
o
r
’
s
la
n
d
us
e
wh
e
r
e
eq
u
i
p
m
e
n
t
/
m
a
t
e
r
i
a
l
s
ca
n
be
st
o
r
e
d
ou
t
d
o
o
r
s
.
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
cr
e
a
t
i
n
g
th
e
di
s
t
i
n
c
t
i
o
n
here so we can properly identify where such uses can be located as we are now
co
m
b
i
n
i
n
g
th
e
in
d
i
v
i
d
u
a
l
ta
b
l
e
s
in
t
o
on
e
.
138
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
EXT
R
A
C
T
I
V
E
USE
S
30
Ex
t
r
a
c
t
i
o
n
o
f
E
a
r
t
h
P
r
o
d
u
c
t
s
∆ 31
A
A
A
A
A
Ex
t
r
a
c
t
i
o
n
o
f
E
a
r
t
h
P
r
o
d
u
c
t
s
–
O
n
-
s
i
t
e
P
r
o
c
e
s
s
i
n
g
o
f
Ex
t
r
a
c
t
e
d
M
a
t
e
r
i
a
l
s
32
,
33
30
Th
e
Co
u
n
t
y
ma
y
b
e
pr
e
‐em
p
t
e
d
by
St
a
t
e
la
w
fr
o
m
re
q
u
i
r
i
n
g
a pe
r
m
i
t
fo
r
a my
r
i
a
d
of
ex
t
r
a
c
t
i
v
e
la
n
d
us
e
s
,
mo
s
t
no
t
a
b
l
y
hy
d
r
a
u
l
i
c
fr
a
c
t
u
r
i
n
g
(i
.
e
.
fr
a
c
k
i
n
g
)
.
Th
e
r
e
ar
e
pr
o
v
i
s
i
o
n
s
in State law prohibiting local governments from adopting regulations that could have the
im
p
a
c
t
of
pr
o
h
i
b
i
t
i
n
g
th
i
s
ty
p
e
of
la
n
d
us
e
ou
t
r
i
g
h
t
.
31
Th
e
cu
r
r
e
n
t
de
f
i
n
i
t
i
o
n
of
th
i
s
la
n
d
us
e
do
e
s
no
t
pe
r
m
i
t
th
e
pr
o
c
e
s
s
i
n
g
of
ma
t
e
r
i
a
l
s
‘be
y
o
n
d
in
c
i
d
e
n
t
a
l
me
c
h
a
n
i
c
a
l
co
n
s
o
l
i
d
a
t
i
o
n
or
so
r
t
i
n
g
to
fa
c
i
l
i
t
a
t
e
tr
a
n
s
p
o
r
t
a
t
i
o
n
to
th
e
si
t
e
of use or location of further processing’. Staff is adding language to spell out this
di
s
t
i
n
c
t
i
o
n
wi
t
h
i
n
Ar
t
i
c
l
e
5.
32
We
ar
e
in
c
l
u
d
i
n
g
a ne
w
la
n
d
us
e
ca
t
e
g
o
r
y
to
‘c
a
p
t
u
r
e
’
al
l
ot
h
e
r
ex
t
r
a
c
t
i
v
e
la
n
d
us
e
op
e
r
a
t
i
o
n
s
wh
e
r
e
on
‐si
t
e
pr
o
c
e
s
s
i
n
g
of
ma
t
e
r
i
a
l
s
as
s
o
c
i
a
t
e
d
wi
t
h
th
e
ac
t
i
v
i
t
y
ar
e
pr
o
p
o
s
e
d
.
At this time staff is not recommending these activities be permitted.
33
St
a
f
f
wi
l
l
be
tr
e
a
t
i
n
g
al
l
ex
t
r
a
c
t
i
o
n
of
ea
r
t
h
pr
o
d
u
c
t
s
th
e
sa
m
e
an
d
ju
s
t
si
m
p
l
y
ha
v
e
la
n
g
u
a
g
e
in
Ar
t
i
c
l
e
5 in
d
i
c
a
t
i
n
g
no
on
‐si
t
e
pr
o
c
e
s
s
i
n
g
sh
a
l
l
be
pe
r
m
i
t
t
e
d
.
139
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
34
, 35
**
*
GEN
E
R
A
L
OFF
I
C
E
/FIN
A
N
C
I
A
L
INS
T
I
T
U
T
I
O
N
S
Ba
n
k
s
,
S
a
v
i
n
g
s
a
n
d
L
o
a
n
s
,
a
n
d
C
r
e
d
i
t
U
n
i
o
n
s
Wi
t
h
an
A
u
t
o
m
a
t
e
d
T
e
l
l
e
r
M
a
c
h
i
n
e
(
A
T
M
)
∆
*
*
*
*
*
*
*
*
*
*
*
*
* * *
Ba
n
k
s
,
S
a
v
i
n
g
s
a
n
d
L
o
a
n
s
,
a
n
d
C
r
e
d
i
t
U
n
i
o
n
s
Wi
t
h
o
u
t
a
n
A
u
t
o
m
a
t
e
d
T
e
l
l
e
r
M
a
c
h
i
n
e
(
A
T
M
36
,
37
*
*
*
*
*
* *
Ba
n
k
A
u
t
o
m
a
t
e
d
T
e
l
l
e
r
M
a
c
h
i
n
e
(
A
T
M
)
–
S
t
a
n
d
a
l
o
n
e
Us
e
-
*
*
* *
Cr
e
d
i
t
A
g
e
n
c
i
e
s
a
n
d
I
n
s
t
i
t
u
t
i
o
n
s
38
*
* * * * *
In
s
u
r
a
n
c
e
C
a
r
r
i
e
r
s
a
n
d
A
g
e
n
t
s
39
*
* * * * *
Re
a
l
E
s
t
a
t
e
A
g
e
n
t
s
a
n
d
B
r
o
k
e
r
s
40
*
* * * * *
Se
c
u
r
i
t
y
a
n
d
C
o
m
m
o
d
i
t
y
B
r
o
k
e
r
s
,
a
n
d
I
n
v
e
s
t
m
e
n
t
Of
f
i
c
e
s
41
*
* * * * *
Pa
w
n
s
h
o
p
,
C
u
r
r
e
n
c
y
E
x
c
h
a
n
g
e
,
o
r
P
a
y
d
a
y
Lo
a
n
Co
n
s
t
r
u
c
t
i
o
n
/
C
o
n
t
r
a
c
t
o
r
O
f
f
i
c
e
s
∆
*
*
*
*
*
* * * * *
Fi
n
a
n
c
i
a
l
O
f
f
i
c
e
s
*
*
*
*
* * * * * * * * *
Pr
o
f
e
s
s
i
o
n
a
l
O
f
f
i
c
e
s
*
*
*
*
*
*
* * * * * * * * *
34
St
a
f
f
is
pr
o
p
o
s
i
n
g
to
us
e
th
e
ex
i
s
t
i
n
g
‘F
i
n
a
n
c
e
’
la
n
d
us
e
ca
t
e
g
o
r
y
fr
o
m
th
e
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
Di
s
t
r
i
c
t
(E
D
D
)
ta
b
l
e
s
(S
e
c
t
i
o
n
5.
2
.
2
of
th
e
UD
O
)
.
Cu
r
r
e
n
t
l
y
fi
n
a
n
c
i
a
l
la
n
d
us
e
s
have been interpreted as being contained within the ‘Offices and Personal Services’ land
us
e
ca
t
e
g
o
r
y
as
co
n
t
a
i
n
e
d
in
Se
c
t
i
o
n
5.
2
.
1
of
th
e
UD
O
.
Th
e
r
e
ar
e
al
s
o
re
f
e
r
e
n
c
e
s
to
‘Ba
nk
s
an
d
Fi
n
a
n
c
i
a
l
In
s
t
i
t
u
t
i
o
n
s
’ as
a pe
r
m
i
t
t
e
d
la
n
d
us
e
un
d
e
r
th
e
ex
i
s
t
i
n
g
Co
m
m
e
r
c
i
a
l
Us
e
s
Land Use Category within Section 5.2.1. Staff believes the proposed merged category
el
i
m
i
n
a
t
e
s
co
n
f
u
s
i
o
n
fo
r
th
e
re
a
d
e
r
/
s
t
a
f
f
an
d
pr
o
v
i
d
e
s
gr
e
a
t
e
r
de
t
a
i
l
on
wh
e
r
e
su
c
h
la
n
d
us
e
s
ar
e
to
be
en
c
o
u
r
a
g
e
d
.
St
a
f
f
is
al
s
o
re
co
m
m
e
n
d
i
n
g
mo
d
i
f
y
i
n
g
th
e
ti
t
l
e
of
th
e
la
n
d
us
e
category to ensure proper reference to the uses allowed within same.
35
We
ar
e
ch
a
n
g
i
n
g
th
e
na
m
e
to
be
Ge
n
e
r
a
l
Of
f
i
c
e
an
d
Fi
n
a
n
c
i
a
l
In
s
t
i
t
u
t
i
o
n
s
co
n
s
i
s
t
e
n
t
wi
t
h
a Ju
n
e
27
,
20
1
7
me
e
t
i
n
g
wi
t
h
th
e
Co
u
n
t
y
At
t
o
r
n
e
y
.
36
We
ar
e
re
c
o
m
m
e
n
d
i
n
g
cr
e
a
t
i
n
g
a di
s
t
i
n
c
t
i
o
n
to
a ba
n
k
wi
t
h
an
d
/
o
r
wi
t
h
o
u
t
an
AT
M
.
Th
e
r
e
ma
y
be
ge
n
e
r
a
l
us
e
di
s
t
r
i
c
t
s
wh
e
r
e
a ba
n
k
wo
u
l
d
ma
k
e
se
n
s
e
bu
t
th
e
de
v
e
l
o
p
m
e
n
t
of an ATM might pose concern. This gives the County flexibility to create a distinction to
ad
d
r
e
s
s
th
i
s
is
s
u
e
.
37
Pe
r
me
e
t
i
n
g
on
Ju
n
e
27
,
20
1
7
we
wi
l
l
be
ad
d
r
e
s
s
i
n
g
th
i
s
is
s
u
e
in
Ar
t
i
c
l
e
5 wh
e
r
e
ce
r
t
a
i
n
di
s
t
r
i
c
t
s
wi
l
l
be
pr
o
h
i
b
i
t
e
d
fo
r
ha
v
i
n
g
dr
i
v
e
‐th
r
u
fa
c
i
l
i
t
i
e
s
.
38
Us
e
is
no
w
co
n
t
a
i
n
e
d
un
d
e
r
th
e
Fi
n
a
n
c
i
a
l
In
s
t
i
t
u
t
i
o
n
la
n
d
us
e
ca
t
e
g
o
r
y
an
d
de
t
a
i
l
e
d
he
r
e
i
n
.
39
Us
e
is
no
w
co
n
t
a
i
n
e
d
un
d
e
r
th
e
Pr
o
f
e
s
s
i
o
n
a
l
Of
f
i
c
e
s
la
n
d
us
e
ca
t
e
g
o
r
y
as
de
t
a
i
l
e
d
he
r
e
i
n
.
40
Us
e
is
no
w
co
n
t
a
i
n
e
d
un
d
e
r
th
e
Pr
o
f
e
s
s
i
o
n
a
l
Of
f
i
c
e
s
la
n
d
us
e
ca
t
e
g
o
r
y
as
de
t
a
i
l
e
d
he
r
e
i
n
.
41
Us
e
is
no
w
co
n
t
a
i
n
e
d
un
d
e
r
th
e
Fi
n
a
n
c
i
a
l
Of
f
i
c
e
s
la
n
d
us
e
ca
t
e
g
o
r
y
as
de
t
a
i
l
e
d
he
r
e
i
n
.
Formatte 140
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
GOV
E
R
N
M
E
N
T
USE
S
De
t
e
n
t
i
o
n
a
n
d
C
o
r
r
e
c
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
-
C
o
u
n
t
y
42
*
De
t
e
n
t
i
o
n
a
n
d
C
o
r
r
e
c
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
–
O
t
h
e
r
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
(A
d
m
i
n
i
s
t
r
a
t
i
v
e
,
H
o
u
s
i
n
g
,
E
d
u
c
a
t
i
o
n
,
P
u
b
l
i
c
H
e
a
l
t
h
,
Co
m
m
u
n
i
t
y
C
e
n
t
e
r
s
,
L
i
b
r
a
r
y
,
P
l
a
n
n
i
n
g
/
C
o
m
m
u
n
i
t
y
De
v
e
l
o
p
m
e
n
t
,
S
o
c
i
a
l
S
e
r
v
i
c
e
s
,
e
t
c
.
)
-
C
o
u
n
t
y
43
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * * * * *
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
-
O
t
h
e
r
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
St
a
t
i
o
n
s
)
R
e
s
c
u
e
S
q
u
a
d
s
,
V
o
l
u
n
t
e
e
r
F
i
r
e
De
p
a
r
t
m
e
n
t
s
-
–
C
o
u
n
t
y
44
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * * * * *
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
-
O
t
h
e
r
Go
v
e
r
n
m
e
n
t
F
a
c
i
l
i
t
y
–
S
o
l
i
d
W
a
s
t
e
C
o
l
l
e
c
t
i
o
n
Ce
n
t
e
r
s
–
C
o
u
n
t
y
∆!
45
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Go
v
e
r
n
m
e
n
t
F
a
c
i
l
i
t
y
–
S
o
l
i
d
W
a
s
t
e
C
o
l
l
e
c
t
i
o
n
Ce
n
t
e
r
s
-
O
t
h
e
r
Mi
l
i
t
a
r
y
I
n
s
t
a
l
l
a
t
i
o
n
s
(
Mi
l
i
t
a
r
y
B
a
s
e
,
Na
t
i
o
n
a
l
G
u
a
r
d
&
Re
s
e
r
v
e
A
r
m
o
r
y
)
~
46
*
*
*
*
42
St
a
f
f
be
l
i
e
v
e
s
th
i
s
ha
s
al
w
a
y
s
be
e
n
vi
e
w
e
d
as
a ‘g
o
v
e
r
n
m
e
n
t
fa
c
i
l
i
t
y
’
.
As
th
e
r
e
is
th
e
po
t
e
n
t
i
a
l
to
ha
v
e
a St
a
t
e
fa
c
i
l
i
t
y
de
v
e
l
o
p
e
d
in
th
e
ar
e
a
we
ar
e
re
c
o
m
m
e
n
d
i
n
g
th
e
us
e
be
li
s
t
e
d
and properly identified. Please note it is likely a State correctional facility is exempt
fr
o
m
lo
c
a
l
la
n
d
us
e
re
g
u
l
a
t
i
o
n
(
s
)
.
43
Sp
e
c
i
f
i
c
s
ar
e
be
i
n
g
ad
d
e
d
to
a ne
w
de
f
i
n
i
t
i
o
n
of
Go
v
e
r
n
m
e
n
t
Fa
c
i
l
i
t
i
e
s
an
d
Of
f
i
c
e
Bu
i
l
d
i
n
g
s
.
44
Sp
e
c
i
f
i
c
s
ar
e
be
i
n
g
ad
d
e
d
to
a ne
w
de
f
i
n
i
t
i
o
n
of
Go
v
e
r
n
m
e
n
t
Pr
o
t
e
c
t
i
v
e
Se
r
v
i
c
e
s
45
Th
i
s
is
an
ex
i
s
t
i
n
g
la
n
d
us
e
co
n
t
a
i
n
e
d
wi
t
h
i
n
Se
c
t
i
o
n
5.
2
.
2
of
th
e
UD
O
an
d
st
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
it
be
ke
p
t
wi
t
h
i
n
th
e
re
v
i
s
e
d
ta
b
l
e
of
pe
r
m
i
t
t
e
d
us
e
s
.
46
As
wi
t
h
se
v
e
r
a
l
ot
h
e
r
la
n
d
us
e
s
it
is
li
k
e
l
y
a mi
l
i
t
a
r
y
in
s
t
a
l
l
a
t
i
o
n
is
ex
e
m
p
t
fr
o
m
lo
c
a
l
la
n
d
us
e
re
g
u
l
a
t
i
o
n
(
s
)
.
141
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
MAN
U
F
A
C
T
U
R
I
N
G
, ASS
E
M
B
L
Y
, A
N
D
PRO
C
E
S
S
I
N
G
- FOO
D
47
, 48
, 49
An
i
m
a
l
F
o
o
d
P
r
e
p
a
r
a
t
i
o
n
,
M
a
n
u
f
a
c
t
u
r
i
n
g
,
Pa
c
k
a
g
i
n
g
a
n
d
D
i
s
t
r
i
b
u
t
i
o
n
*
*
An
i
m
a
l
S
l
a
u
g
h
t
e
r
i
n
g
a
n
d
P
r
o
c
e
s
s
i
n
g
,
Pa
c
k
a
g
i
n
g
,
a
n
d
D
i
s
t
r
i
b
u
t
i
o
n
(R
e
f
e
r
t
o
Me
a
t
P
r
o
c
e
s
s
i
n
g
F
a
c
i
l
i
t
y
w
i
t
h
i
n
t
h
e
Ag
r
i
c
u
l
t
u
r
a
l
U
s
e
s
La
n
d
U
s
e
C
a
t
e
g
o
r
y
)
Ba
k
e
r
y
P
r
o
d
u
c
t
,
M
a
n
u
f
a
c
t
u
r
i
n
g
,
P
a
c
k
a
g
i
n
g
,
a
n
d
Di
s
t
r
i
b
u
t
i
o
n
*
*
*
*
*
*
*
*
* * * *
Be
v
e
r
a
g
e
s
M
a
n
u
f
a
c
t
u
r
i
n
g
a
n
d
P
r
o
c
e
s
s
i
n
g
(s
e
e
l
i
s
t
b
e
l
o
w
)
50
,
51
No
n
-
a
l
c
o
h
o
l
i
c
B
e
v
e
r
a
g
e
P
r
o
d
u
c
t
i
o
n
–
P
r
o
d
u
c
t
i
o
n
On
l
y
*
*
*
*
*
* * *
Al
c
o
h
o
l
i
c
–
D
i
s
t
i
l
l
e
r
y
,
P
r
o
d
u
c
t
i
o
n
O
n
l
y
52
*
*
*
*
* * *
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
53
B
B
*
*
*
*
*
*
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
54
B
B
B
B
B
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
55
*
*
Bo
t
t
l
i
n
g
p
l
a
n
t
s
–
N
o
O
n
s
i
t
e
Pr
o
d
u
c
t
i
o
n
*
*
*
* * *
47
St
a
f
f
is
pr
o
p
o
s
i
n
g
to
me
r
g
e
th
e
ex
i
s
t
i
n
g
‘M
a
n
u
f
a
c
t
u
r
i
n
g
,
As
s
e
m
b
l
y
,
an
d
Pr
o
c
e
s
s
i
n
g
’
la
n
d
us
e
ca
t
e
g
o
r
y
fr
o
m
th
e
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
Di
s
t
r
i
c
t
(E
D
D
)
ta
b
l
e
s
(S
e
c
t
i
o
n
5.
2
.
2
of
th
e
UDO) with Section 5.2.1 . The existing land use category contained in Section 5.2.1,
es
p
e
c
i
a
l
l
y
th
o
s
e
re
f
e
r
e
n
c
i
n
g
al
l
o
w
a
b
l
e
ma
n
u
f
a
c
t
u
r
i
n
g
/
i
n
d
u
s
t
r
i
a
l
la
n
d
us
e
s
,
is
no
t
ve
r
y
we
l
l
de
f
i
n
e
d
.
St
af
f
ha
s
ad
d
e
d
us
e
s
(d
e
n
o
t
e
d
in
re
d
un
d
e
r
l
i
n
e
d
te
x
t
) co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Pl
a
n
n
i
n
g
Board and BOCC review of amendments to the Hillsborough EDD districts in the fall
of
20
1
6
.
48
Af
t
e
r
co
n
f
e
r
r
i
n
g
wi
t
h
th
e
Pl
a
n
n
i
n
g
Di
r
e
c
t
o
r
,
st
a
f
f
wa
s
in
s
t
r
u
c
t
e
d
to
pr
o
v
i
d
e
su
f
f
i
c
i
e
n
t
sp
e
c
i
f
i
c
i
t
y
on
pe
r
m
i
t
t
e
d
/
p
r
o
h
i
b
i
t
e
d
la
n
d
us
e
s
in
an
ef
f
o
r
t
to
ai
d
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
st
a
f
f
market non‐residential development opportunities in the County. As a result the list
of
us
e
s
is
ra
t
h
e
r
ex
p
a
n
s
i
v
e
.
49
St
a
f
f
is
pr
o
p
o
s
i
n
g
to
br
e
a
k
do
w
n
la
n
d
us
e
s
in
th
e
Ma
n
u
f
a
c
t
u
r
i
n
g
,
As
s
e
m
b
l
y
,
an
d
Pr
o
c
e
s
s
i
n
g
la
n
d
us
e
ca
t
e
g
o
r
y
to
‘F
o
o
d
’
an
d
‘O
t
h
e
r
’
.
Th
e
ra
t
i
o
n
a
l
e
be
h
i
n
d
th
e
re
c
o
m
m
e
n
d
a
t
i
o
n
is to provide clarity to the reader and avoid unnecessary confusion.
50
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
a fu
r
t
h
e
r
br
e
a
k
d
o
w
n
of
be
v
e
r
a
g
e
pr
o
d
u
c
t
i
o
n
.
Cu
r
r
e
n
t
l
y
we
ha
v
e
al
l
o
w
a
n
c
e
s
fo
r
bo
t
t
l
i
n
g
pl
a
n
t
s
an
d
mi
c
r
o
b
r
e
w
e
r
i
e
s
.
We
ar
e
re
c
o
m
m
e
n
d
i
n
g
ad
d
i
n
g
no
n
‐alcoholic and alcoholic (distillery) beverage production as well.
51
Ba
s
e
d
on
Ju
n
e
27
,
20
1
7
me
e
t
i
n
g
wi
t
h
th
e
Co
u
n
t
y
At
t
o
r
n
e
y
we
ar
e
co
n
t
i
n
u
i
n
g
to
el
i
m
i
n
a
t
e
th
e
su
b
h
e
a
d
i
n
g
s
an
d
ju
s
t
ha
v
e
th
e
li
s
t
of
la
n
d
us
e
s
co
n
t
a
i
n
e
d
in
th
e
ta
b
l
e
.
52
St
a
f
f
is
mo
d
e
l
i
n
g
th
e
‘a
l
c
o
h
o
l
i
c
– di
s
t
i
l
l
e
r
y
’
la
n
d
us
e
af
t
e
r
ou
r
ex
i
s
t
i
n
g
mi
c
r
o
b
r
e
w
e
r
y
la
n
d
us
e
ca
t
e
g
o
r
y
.
53
Th
i
s
is
fr
o
m
th
e
ex
i
s
t
i
n
g
pe
r
m
i
t
t
e
d
us
e
li
s
t
in
Se
c
t
i
o
n
5.
2
.
1
of
th
e
UD
O
.
54
Th
i
s
is
fr
o
m
th
e
ex
i
s
t
i
n
g
pe
r
m
i
t
t
e
d
us
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li
s
t
in
Se
c
t
i
o
n
5.
2
.
1
of
th
e
UD
O
.
55
Th
i
s
is
fr
o
m
th
e
ex
i
s
t
i
n
g
co
n
d
i
t
i
o
n
a
l
zo
n
i
n
g
pe
r
m
i
t
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e
d
us
e
li
s
t
in
Se
c
t
i
o
n
5.
2
.
3
of
th
e
UD
O
.
Formatte Formatte Formatte Formatte 0" 142
TAB
L
E
O
F
PER
M
I
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D
USE
S
– GEN
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* = PER
M
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USE
A = CLA
S
S
A SPE
C
I
A
L
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B = CLA
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C
I
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L
USE
∆ = SUB
J
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C
T
T
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SPE
C
I
A
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STA
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D
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C=
CO
N
D
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L
USE (REZONING & CLASS A SUP)
USE
TYP
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GEN
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R
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USE
ZON
I
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DIS
T
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S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
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3
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1
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2
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3
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4
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5
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AS
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I 1
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D
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-
1
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~
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s
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c
t
;
S
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S
e
c
t
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o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
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n
c
i
p
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f
lo
c
a
t
e
d
o
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a
b
o
n
a
f
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d
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m
(
s
e
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e
c
t
i
o
n
6
.
2
.
5
)
Wi
n
e
r
y
,
p
r
o
d
u
c
t
i
o
n
o
n
l
y
56
B
B
*
*
*
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n
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w
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h
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57
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w
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M
a
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n
t
s
58
*
*
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i
r
y
M
a
n
u
f
a
c
t
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r
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g
,
P
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n
g
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d
D
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u
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n
d
V
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l
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59
pr
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60
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b
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b
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56
Th
i
s
is
fr
o
m
th
e
ex
i
s
t
i
n
g
pe
r
m
i
t
t
e
d
us
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li
s
t
in
Se
c
t
i
o
n
5.
2
.
1
of
th
e
UD
O
.
57
Th
i
s
is
fr
o
m
th
e
ex
i
s
t
i
n
g
pe
r
m
i
t
t
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s
t
in
Se
c
t
i
o
n
5.
2
.
1
of
th
e
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O
.
58
Th
i
s
is
fr
o
m
th
e
ex
i
s
t
i
n
g
co
n
d
i
t
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r
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s
t
in
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c
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o
n
5.
2
.
3
of
th
e
UD
O
.
59
Mo
v
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d
to
a ne
w
,
in
d
e
p
e
n
d
e
n
t
,
la
n
d
us
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ca
t
e
g
o
r
y
.
60
Fo
r
co
n
s
i
s
t
e
n
c
y
we
ar
e
el
i
m
i
n
a
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ex
a
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s
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o
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d
pl
a
c
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g
sa
m
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in
a de
f
i
n
i
t
i
o
n
of
th
e
te
r
m
in
Ar
t
i
c
l
e
10
.
Formatte Formatte 143
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
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R
A
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USE
ZON
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T
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* = PER
M
I
T
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A = CLA
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A SPE
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L
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∆ = SUB
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C
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N
D
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C=
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D
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N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
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GEN
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R
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USE
ZON
I
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DIS
T
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ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
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3
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1
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2
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3
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4
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5
O/
RM
AS
EI
I 1
I2
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PI
D
ED
B
-
1
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~
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5
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4
(
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)
^
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(
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2
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5
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MAN
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62
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c
t
u
r
i
n
g
a
n
d
P
r
o
c
e
s
s
i
n
g
–
O
t
h
e
r
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
Ma
n
u
f
a
c
t
u
r
i
n
g
,
A
s
s
e
m
b
l
y
,
a
n
d
Pr
o
c
e
s
s
i
n
g
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
64
65
*
*
* * * *
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
–
Co
m
m
u
n
i
c
a
t
i
o
n
s
e
q
u
i
p
m
e
n
t
*
*
* * *
61
Th
i
s
is
fr
o
m
th
e
ex
i
s
t
i
n
g
li
s
t
as
fo
u
n
d
in
Se
c
t
i
o
n
5.
2
.
1
of
th
e
UD
O
.
62
St
r
i
c
k
e
n
la
n
g
u
a
g
e
ha
s
be
e
n
mo
v
e
d
to
a ne
w
de
f
i
n
i
t
i
o
n
of
th
i
s
la
n
d
us
e
.
63
In
or
d
e
r
to
ad
d
r
e
s
s
th
e
Co
u
n
t
y
’
s
At
t
o
r
n
e
y
of
f
i
c
e
s
co
m
m
e
n
t
s
re
l
a
t
e
d
to
le
g
a
l
su
f
f
i
c
i
e
n
c
y
we
ar
e
el
i
m
i
n
a
t
i
n
g
ex
i
s
t
i
n
g
‘h
e
a
d
e
r
s
’
an
d
wi
l
l
be
li
s
t
i
n
g
in
d
i
v
i
d
u
a
l
la
n
d
us
e
s
ty
p
i
c
a
l
l
y
fa
l
l
i
n
g
into the allowed category. For example we will no longer have a greyed out table
‘Ch
e
m
i
c
a
l
Ma
n
u
f
a
c
t
u
r
i
n
g
an
d
Pr
o
c
e
s
s
i
n
g
(s
e
e
li
s
t
be
l
o
w
)
’
wi
t
h
a li
s
t
of
la
n
d
us
e
s
be
l
o
w
sa
me
.
No
w
we
wi
l
l
ju
s
t
ha
v
e
li
s
t
i
n
g
s
of
la
n
d
us
e
s
.
64
Ta
k
e
n
fr
o
m
th
e
ex
i
s
t
i
n
g
li
s
t
co
n
t
a
i
n
e
d
in
Se
c
t
i
o
n
5.
2
.
2
of
th
e
UD
O
.
65
Pe
r
me
e
t
i
n
g
wi
t
h
Co
u
n
t
y
At
t
o
r
n
e
y
on
Ju
n
e
27
,
20
1
7
we
ha
v
e
in
c
l
u
d
e
d
a ne
w
de
f
i
n
i
t
i
o
n
of
th
e
la
n
d
us
e
ca
t
e
g
o
r
y
wi
t
h
ex
a
m
p
l
e
s
of
al
l
o
w
a
b
l
e
us
e
s
.
Th
i
s
wi
l
l
no
lo
n
g
e
r
be
a ‘g
r
e
y
e
d
out table’ used as a header. Rather staff is denoting those activities that will be
al
l
o
w
e
d
un
d
e
r
th
i
s
ne
w
l
y
de
f
i
ne
d
ca
t
e
g
o
r
y
.
Formatte Formatte Formatte Formatte Formatte Formatte Formatte Formatte Formatte Formatte 144
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
–
El
e
c
t
r
i
c
l
i
g
h
t
i
n
g
a
n
d
w
i
r
i
n
g
e
q
u
i
p
m
e
n
t
*
*
* * *
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
–
El
e
c
t
r
i
c
t
r
a
n
s
m
i
s
s
i
o
n
a
n
d
d
i
s
t
r
i
b
u
t
i
o
n
*
*
* * *
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
–
El
e
c
t
r
i
c
a
l
i
n
d
u
s
t
r
i
a
l
a
p
p
a
r
a
t
u
s
*
*
* * *
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
–
El
e
c
t
r
o
n
i
c
c
o
m
p
o
n
e
n
t
s
a
n
d
a
c
c
e
s
s
o
r
i
e
s
*
*
* * *
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
–
Ho
u
s
e
h
o
l
d
a
p
p
l
i
a
n
c
e
s
*
*
* * *
El
e
c
t
r
o
n
i
c
E
q
u
i
p
m
e
n
t
–
Ra
d
i
o
a
n
d
t
e
l
e
v
i
s
i
o
n
r
e
c
e
i
v
i
n
g
e
q
u
i
p
m
e
n
t
66
*
*
* * *
Fa
b
r
i
c
a
t
e
d
M
e
t
a
l
P
r
o
d
u
c
t
s
M
a
n
u
f
a
c
t
u
r
i
n
g
,
As
s
e
m
b
l
y
,
a
n
d
P
r
o
c
e
s
s
i
n
g
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
Ar
c
h
i
t
e
c
t
u
r
a
l
a
n
d
S
t
r
u
c
t
u
r
a
l
Me
t
a
l
s
M
a
n
u
f
a
c
t
u
r
i
n
g
*
Bo
i
l
e
r
,
T
a
n
k
,
M
e
t
a
l
C
a
n
,
an
d
S
h
i
p
p
i
n
g
Co
n
t
a
i
n
e
r
M
a
n
u
f
a
c
t
u
r
i
n
g
67
*
* *
Cu
t
l
e
r
y
a
n
d
h
a
n
d
t
o
o
l
s
68
*
*
* *
Fa
b
r
i
c
a
t
e
d
s
t
r
u
c
t
u
r
a
l
m
e
t
a
l
p
r
o
d
u
c
t
s
M
a
n
u
f
a
c
t
u
r
i
n
g
,
As
s
e
m
b
l
y
,
a
n
d
P
r
o
c
e
s
s
i
n
g
*
*
* *
Fi
r
e
a
r
m
s
M
a
n
u
f
a
c
t
u
r
i
n
g
a
n
d
A
s
s
e
m
b
l
y
Fo
r
g
i
n
g
a
n
d
S
t
a
m
p
i
n
g
*
* *
Ha
r
d
w
a
r
e
/
T
o
o
l
Ma
n
u
f
a
c
t
u
r
i
n
g
a
n
d
P
a
c
k
a
g
i
n
g
*
*
* * *
66
Th
e
s
e
la
n
d
us
e
s
ar
e
no
w
co
n
t
a
i
n
e
d
in
a ne
w
de
f
i
n
i
t
i
o
n
of
El
e
c
t
r
o
n
i
c
Eq
u
i
p
m
e
n
t
Ma
n
u
f
a
c
t
u
r
i
n
g
co
n
t
a
i
n
e
d
in
Ar
t
i
c
l
e
10
.
67
Th
i
s
in
c
l
u
d
e
s
th
e
Me
t
a
l
Ca
n
an
d
Sh
i
p
p
i
n
g
co
n
t
a
i
n
e
r
ma
n
u
f
a
c
t
u
r
i
n
g
in
th
e
cu
r
r
e
n
t
ta
b
l
e
.
Us
e
ha
s
be
e
n
ex
p
a
n
d
e
d
to
in
c
l
u
d
e
si
m
i
l
a
r
ac
t
i
v
i
t
i
e
s
br
o
a
d
e
n
i
n
g
wh
a
t
is
pe
r
m
i
s
s
i
b
l
e
.
68
La
n
d
us
e
is
ca
p
t
u
r
e
d
un
d
e
r
Ha
r
d
w
a
r
e
/
T
o
o
l
Ma
n
u
f
a
c
t
u
r
i
n
g
an
d
Pr
o
c
e
s
s
i
n
g
.
Formatte 145
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
He
a
t
i
n
g
e
q
u
i
p
m
e
n
t
,
ex
c
e
p
t
e
l
e
c
t
r
i
c
an
d
w
a
r
m
a
i
r
;
a
n
d
p
l
u
m
b
i
n
g
f
i
x
t
u
r
e
M
a
n
u
f
a
c
t
u
r
i
n
g
an
d
A
s
s
e
m
b
l
y
69
*
* * *
He
a
t
i
n
g
e
q
u
i
p
m
e
n
t
,
i
n
c
l
u
d
i
n
g
e
l
e
c
t
r
i
c
an
d
w
a
r
m
a
i
r
;
a
n
d
p
l
u
m
b
i
n
g
f
i
x
t
u
r
e
M
a
n
u
f
a
c
t
u
r
i
n
g
*
Me
t
a
l
c
a
n
s
a
n
d
s
h
i
p
p
i
n
g
c
o
n
t
a
i
n
e
r
s
70
Mu
n
i
t
i
o
n
s
i
n
c
l
u
d
i
n
g
A
m
m
u
n
i
t
i
o
n
Ma
n
u
f
a
c
t
u
r
i
n
g
a
n
d
P
a
c
k
a
g
i
n
g
Nu
t
s
,
b
o
l
t
s
,
s
c
r
e
w
s
,
ri
v
e
t
s
,
a
n
d
w
a
s
h
e
r
s
Ma
n
u
f
a
c
t
u
r
i
n
g
a
n
d
P
a
c
k
a
g
i
n
g
*
*
* *
In
d
u
s
t
r
i
a
l
M
a
c
h
i
n
e
r
y
M
a
n
u
f
a
c
t
u
r
i
n
g
,
A
s
s
e
m
b
l
y
,
an
d
P
r
o
c
e
s
s
i
n
g
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
En
g
i
n
e
s
a
n
d
t
u
r
b
i
n
e
s
M
a
n
u
f
a
c
t
u
r
i
n
g
,
A
s
s
e
m
b
l
y
,
a
n
d
Pr
o
c
e
s
s
i
n
g
*
* * *
Fa
r
m
/
g
a
r
d
e
n
m
a
c
h
i
n
e
r
y
a
n
d
e
q
u
i
p
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t
Ma
n
u
f
a
c
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n
g
,
A
s
s
e
m
b
l
y
,
a
n
d
p
r
o
c
e
s
s
i
n
g
*
*
* * *
Ge
n
e
r
a
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*
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Me
t
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69
Di
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pr
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in
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will be moved to a definition of same in Article 10. Formatte Formatte Formatte Formatte 146
TAB
L
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O
F
PER
M
I
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T
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D
USE
S
– GEN
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R
A
L
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ZON
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* = PER
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USE
A = CLA
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S
A SPE
C
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L
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B = CLA
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B SPE
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∆ = SUB
J
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N
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D
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C=
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USE (REZONING & CLASS A SUP)
USE
TYP
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GEN
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DIS
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R
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S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
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In
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Ma
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72
*
*
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* * * *
Me
a
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to the table. Formatte Formatte Formatte Formatte 147
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
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G
DIS
T
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* = PER
M
I
T
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E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
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C
T
T
O
SPE
C
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A
L
STA
N
D
A
R
D
S
C=
CO
N
D
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T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
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R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
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c
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.
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4
(
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^
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e
m
b
l
y
,
a
n
d
P
r
o
c
e
s
s
i
n
g
*
*
*
*
*
Gl
a
s
s
a
n
d
g
l
a
s
s
w
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t
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,
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m
b
l
y
,
a
n
d
Pr
o
c
e
s
s
i
n
g
*
*
*
*
*
73
Th
i
s
wo
u
l
d
in
c
l
u
d
e
re
f
i
n
e
r
i
e
s
,
as
p
h
a
l
t
pl
a
n
t
s
,
as
p
h
a
l
t
pa
v
i
n
g
/
r
o
o
f
i
n
g
ma
t
e
r
i
a
l
s
,
lu
b
r
i
c
a
t
i
n
g
oi
l
/
g
r
e
a
s
e
ma
n
u
f
a
c
t
u
r
i
n
g
,
et
c
.
St
a
f
f
is
no
t
cu
r
r
e
n
t
l
y
re
c
o
m
m
e
n
d
i
n
g
th
e
us
e
s
be
pe
r
m
i
t
t
e
d
in any district other than the Heavy Industrial district.
74
Th
i
s
wo
u
l
d
in
c
l
u
d
e
‘Pr
i
n
t
i
n
g
& Li
t
h
o
g
r
a
p
h
y
’ as
de
t
a
i
l
e
d
in
th
e
ex
i
s
t
i
n
g
ge
n
e
r
a
l
us
e
zo
n
i
n
g
di
s
t
r
i
c
t
li
s
t
.
75
Li
m
i
t
a
t
i
o
n
s
on
th
e
‘t
y
p
e
’
of
ru
b
b
e
r
an
d
pl
a
s
t
i
c
pr
o
d
u
c
t
ma
n
u
f
a
c
t
u
r
i
n
g
al
l
o
w
e
d
in
sp
e
c
i
f
i
c
di
s
t
r
i
c
t
s
wi
l
l
be
ad
d
r
e
s
s
e
d
in
th
e
de
v
e
l
o
p
m
e
n
t
st
a
n
d
a
r
d
s
co
n
t
a
i
n
e
d
in
Ar
t
i
c
l
e
5.
76
We
ha
v
e
an
ex
i
s
t
i
n
g
re
c
y
c
l
a
b
l
e
ma
t
e
r
i
a
l
s
op
e
r
a
t
i
o
n
of
f
of
Mt
.
He
r
m
o
n
Ch
u
r
c
h
Ro
a
d
in
th
e
EN
O
ED
D
pe
r
m
i
t
t
e
d
as
a co
n
t
r
a
c
t
o
r
/
m
i
s
c
e
l
l
a
n
e
o
u
s
ma
n
u
f
a
c
t
u
r
i
n
g
la
n
d
us
e
.
St
a
f
f
is
in
c
l
u
d
i
n
g
a specific reference to this activity to ensure they remain a permitted operation. Formatte Formatte Formatte Formatte 148
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
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C
I
A
L
USE
∆ = SUB
J
E
C
T
T
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SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
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T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
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s
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m
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y
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D
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s
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r
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c
t
;
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e
S
e
c
t
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o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
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t
h
a
n
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c
i
p
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c
a
t
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o
n
a
b
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n
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f
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m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Po
t
t
e
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y
a
n
d
r
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l
a
t
e
d
p
r
o
d
u
c
t
s
M
a
n
u
f
a
c
t
u
r
i
n
g
,
As
s
e
m
b
l
y
,
a
n
d
P
r
o
c
e
s
s
i
n
g
*
*
*
*
Se
p
t
i
c
T
a
n
k
C
o
m
p
o
n
e
n
t
s
M
a
n
u
f
a
c
t
u
r
i
n
g
,
A
s
s
e
m
b
l
y
,
an
d
P
r
o
c
e
s
s
i
n
g
77
*
*
Te
x
t
i
l
e
M
i
l
l
s
M
a
n
u
f
a
c
t
u
r
i
n
g
,
A
s
s
e
m
b
l
y
,
a
n
d
Pr
o
c
e
s
s
i
n
g
Tr
a
n
s
p
o
r
t
a
t
i
o
n
E
q
u
i
p
m
e
n
t
M
a
n
u
f
a
c
t
u
r
i
n
g
,
As
s
e
m
b
l
y
,
a
n
d
P
r
o
c
e
s
s
i
n
g
(
s
e
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r
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t
a
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m
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y
a
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d
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s
s
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*
*
*
* * *
Mi
s
c
e
l
l
a
n
e
o
u
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t
r
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p
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u
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e
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t
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a
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;
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g
.
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mo
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c
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m
p
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e
n
t
s
a
n
d
p
a
r
t
s
,
t
r
a
i
l
e
r
s
78
*
*
*
*
Mi
l
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t
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r
y
,
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r
m
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V
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n
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o
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t
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s
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a
n
d
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a
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f
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t
o
r
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y
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l
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s
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l
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i
p
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,
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s
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d
Pr
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c
e
s
s
i
n
g
(
s
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l
i
s
t
b
e
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o
w
)
77
We
ha
v
e
an
ex
i
s
t
i
n
g
se
p
t
i
c
ta
n
k
co
n
s
t
r
u
c
t
i
o
n
bu
s
i
n
e
s
s
of
f
of
Mt
.
He
r
m
o
n
Ch
u
r
c
h
Ro
a
d
in
th
e
EN
O
ED
D
pe
r
m
i
t
t
e
d
as
a co
n
t
r
a
c
t
o
r
/
c
o
n
c
r
e
t
e
pr
o
d
u
c
t
ma
n
u
f
a
c
t
u
r
i
n
g
op
e
r
a
t
i
o
n
.
St
a
f
f
is including a specific reference to this activity to ensure they remain a permitted
op
e
r
a
t
i
o
n
.
78
As
wi
t
h
ot
h
e
r
la
n
d
us
e
s
,
ex
a
m
p
l
e
s
of
‘p
e
r
m
i
t
t
e
d
us
e
s
’
co
n
t
a
i
n
e
d
in
th
e
ta
b
l
e
ar
e
be
i
n
g
mo
v
e
d
to
a de
f
i
n
i
t
i
o
n
of
th
e
us
e
in
Ar
t
i
c
l
e
10
.
Formatte 149
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
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SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
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m
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C
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n
d
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t
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na
l
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s
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i
s
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r
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c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
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w
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d
a
s
m
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n
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lo
c
a
t
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d
o
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a
b
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f
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r
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(
s
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e
S
e
c
t
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o
n
6
.
2
.
5
)
Sa
w
m
i
l
l
s
~
^
*
*
Ve
n
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e
r
,
P
l
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En
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s
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a
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Pr
o
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(
s
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l
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i
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w
)
Je
w
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n
d
s
i
l
v
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r
e
*
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Mi
s
c
e
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.
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co
s
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m
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c
.
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Mu
s
i
c
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l
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n
t
s
*
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*
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Sa
w
m
i
l
l
s
79
Re
s
e
a
r
c
h
a
n
d
M
a
n
u
f
a
c
t
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r
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n
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F
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Pe
n
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a
n
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y
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p
o
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n
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e
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n
!
A
A A A A
79
Mo
v
e
d
to
th
e
Wo
o
d
Pr
o
d
u
c
t
Ma
n
u
f
a
c
t
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r
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n
g
,
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s
e
m
b
l
y
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d
Pr
o
c
e
s
s
i
n
g
la
n
d
us
e
ca
t
e
g
o
r
y
.
Formatte Formatte Formatte Formatte Formatte 150
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
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∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CONDITIONAL USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
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l
u
s
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i
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lo
c
a
t
e
d
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n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
MED
I
C
A
L
USE
S
He
a
l
t
h
S
e
r
v
i
c
e
s
~
∆ 80
,
81
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
He
a
l
t
h
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e
r
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i
c
e
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:
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v
e
r
1
0
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0
0
0
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q
.
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t
.
~
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a
l
t
h
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e
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:
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0
0
0
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.
F
t
.
*
*
*
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*
Ho
s
p
i
t
a
l
s
~
*
*
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Me
d
i
c
a
l
a
n
d
D
i
a
g
n
o
s
t
i
c
L
a
b
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r
a
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e
s
*
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* * * * *
Me
t
a
l
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e
a
l
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t
e
r
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l
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c
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*
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*
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*
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*
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#
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#
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Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
,
m
o
b
i
l
e
B
B
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*
*
*
*
*
*
*
*
*
*
*
Ve
t
e
r
i
n
a
r
y
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o
s
p
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t
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l
s
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*
*
*
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Me
d
i
c
a
l
U
s
e
s
–
U
s
e
s
N
o
t
L
i
s
t
e
d
H
e
r
e
i
n
!
A
A
A A A *
80
Re
s
t
r
i
c
t
i
o
n
s
/
l
i
m
i
t
s
on
fl
o
o
r
ar
e
a
in
gi
v
e
n
di
s
t
r
i
c
t
s
ar
e
be
i
n
g
mo
v
e
d
to
Se
c
t
i
o
n
5.
1
6
of
th
e
UD
O
.
Re
v
i
s
i
o
n
is
co
n
s
i
s
t
e
n
t
wi
t
h
pr
o
p
o
s
e
d
fo
r
m
a
t
t
i
n
g
fo
r
th
e
re
g
u
l
a
t
i
o
n
of
of
f
i
c
e
an
d
retail land uses as well.
81
He
a
l
t
h
Se
r
v
i
c
e
s
in
c
l
u
d
e
s
do
c
t
o
r
’
s
of
f
i
c
e
s
,
sp
e
c
i
a
l
i
s
t
s
,
et
c
.
th
a
t
ha
v
e
al
s
o
be
e
n
ca
t
e
g
o
r
i
z
e
d
as
be
i
n
g
al
l
o
w
e
d
wi
t
h
i
n
th
e
Of
f
i
c
e
& Pe
r
s
o
n
a
l
Se
r
v
i
c
e
s
la
n
d
us
e
ca
t
e
g
o
r
y
wi
t
h
i
n
th
e
Co
m
m
e
r
c
i
a
l
permitted use list currently contained within Section 5.2.1 of the UDO. Staff’s
in
t
e
n
t
i
o
n
is
to
el
i
m
i
n
a
t
e
th
e
Of
f
i
c
e
s
an
d
Pe
r
s
o
n
a
l
Se
r
v
i
c
e
s
la
n
d
us
e
ca
t
e
g
o
r
y
al
t
o
ge
t
h
e
r
an
d
br
e
a
k
d
o
w
n
al
l
o
w
a
b
l
e
la
n
d
us
e
s
wi
t
h
i
n
th
e
re
v
i
s
e
d
fr
a
m
e
w
o
r
k
de
t
a
i
l
e
d
he
r
e
i
n
.
151
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
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f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
REC
R
E
A
T
I
O
N
A
L
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
*
*
*
*
*
*
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*
*
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*
Ca
m
p
/
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e
t
r
e
a
t
C
e
n
t
e
r
∆
B B
B
*
Go
l
f
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o
u
r
s
e
∆
A
A
A
A
A
A
A
A
A
A
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A
A
A
A
A
A
Go
l
f
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v
i
n
g
a
n
d
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a
c
t
i
c
e
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a
n
g
e
s
∆
B
*
*
*
*
*
Gu
e
s
t
R
a
n
c
h
∆
*
*
Pa
r
k
s
,
P
u
b
l
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c
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
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
Fa
c
i
l
i
t
i
e
s
∆
*
Re
c
r
e
a
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
∆
B
B
B
B
B
B
B
B
B
B
B
*
*
B
*
*
*
*
Th
e
a
t
e
r
∆
82
*
*
*
*83
C#*84 * * * * * * *
Re
c
r
e
a
t
i
o
n
a
l
–
U
s
e
s
N
o
t
L
i
s
t
e
d
H
e
r
e
i
n
!
A
A
A
82
St
a
f
f
is
pr
o
p
o
s
i
n
g
to
co
m
b
i
n
e
se
v
e
r
a
l
,
ex
i
s
t
i
n
g
,
ca
t
e
g
o
r
i
e
s
de
a
l
i
n
g
wi
t
h
a th
e
a
t
e
r
(i
.
e
.
mo
v
i
e
,
pe
r
f
o
r
m
i
n
g
ar
t
s
ce
n
t
e
r
,
mu
s
i
c
ha
l
l
,
et
c
.
)
in
t
o
a ce
n
t
r
a
l
la
n
d
us
e
ty
p
e
.
83
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
th
e
us
e
be
de
l
e
t
e
d
fr
o
m
th
e
ED
B
‐1 ge
n
e
r
a
l
us
e
di
s
t
r
i
c
t
to
be
co
n
s
i
s
t
e
n
t
wi
t
h
al
l
o
w
a
n
c
e
s
in
th
e
ED
E
‐1 ge
n
e
r
a
l
us
e
di
s
t
r
i
c
t
.
84
Th
e
re
c
o
m
m
e
n
d
a
t
i
o
n
is
th
a
t
th
i
s
be
ch
a
n
g
e
s
fr
o
m
a Co
n
d
i
t
i
o
n
a
l
Us
e
to
a pe
r
m
i
t
t
e
d
us
e
to
en
s
u
r
e
co
n
s
i
s
t
e
n
c
y
wi
t
h
th
e
va
r
i
o
u
s
ec
o
n
o
m
i
c
de
v
e
l
o
p
m
e
n
t
di
s
t
r
i
c
t
s
.
152
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
RES
I
D
E
N
T
I
A
L
Ca
m
p
g
r
o
u
n
d
85
*
Wi
t
h
R
e
c
r
e
a
t
i
o
n
a
l
V
e
h
i
c
l
e
*
Wi
t
h
o
u
t
R
e
c
r
e
a
t
i
o
n
a
l
V
e
h
i
c
l
e
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
B
B
B
B
B
B
B
B
B
B
B
B
B
B
*
He
a
l
t
h
a
n
d
P
e
r
s
o
n
a
l
C
a
r
e
F
a
c
i
l
i
t
y
86
*
*
*
* * *
Re
c
r
e
a
t
i
o
n
a
l
V
e
h
i
c
l
e
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
it
i
e
s
,
S
o
r
o
r
i
t
i
e
s
,
a
n
d
Do
r
m
i
t
o
r
i
e
s
)
~
A
A
A
A
A
Ro
o
m
i
n
g
H
o
u
s
e
*
*
*
*
Te
m
p
o
r
a
r
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R
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s
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a
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n
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t
Mo
b
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l
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H
o
m
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(
f
o
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c
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d
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c
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f
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a
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re
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a
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a
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f
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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
C
o
m
p
l
i
a
n
c
e
)
87
*
*
*
*
*
*
*
*
*
*
*
Or
p
h
a
n
a
g
e
88
85
St
a
f
f
wi
l
l
be
pr
o
v
i
d
i
n
g
ad
d
i
t
i
o
n
a
l
st
a
n
d
a
r
d
s
in
Ar
t
i
c
l
e
5 pr
o
v
i
d
i
n
g
a di
s
t
i
n
c
t
i
o
n
on
th
e
al
l
o
w
a
n
c
e
or
pr
o
h
i
b
i
t
i
o
n
of
re
c
r
e
a
t
i
o
n
a
l
ve
h
i
c
l
e
s
in
a ca
m
p
g
r
o
u
n
d
.
86
A pr
o
p
o
s
e
d
ne
w
la
n
d
us
e
in
c
o
r
p
o
r
a
t
i
n
g
nu
r
s
i
n
g
ho
m
e
,
as
s
i
s
t
e
d
li
v
i
n
g
fa
c
i
l
i
t
i
e
s
,
et
c
.
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
th
e
ad
o
p
t
i
o
n
of
ne
w
la
n
d
us
e
de
v
e
l
o
p
m
e
n
t
st
a
n
d
a
r
d
s
in
Se
c
t
i
o
n
5.
5
and a new definition in Article 10.
87
Te
m
p
o
r
a
r
y
un
i
t
s
ar
e
re
g
u
l
a
t
e
d
in
ac
c
o
r
d
a
n
c
e
wi
t
h
th
e
pr
o
v
i
s
i
o
n
s
of
Se
c
t
i
o
n
5.
4
.
4
of
th
e
UD
O
.
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
ma
k
i
n
g
sp
e
c
i
f
i
c
re
f
e
r
e
n
c
e
(
s
)
in
th
e
pe
r
m
i
t
t
e
d
us
e
ta
b
l
e
.
88
St
a
f
f
re
m
e
m
b
e
r
s
di
s
c
u
s
s
i
o
n
at
a re
c
e
n
t
OR
C
me
e
t
i
n
g
wh
e
r
e
a Pl
a
n
n
i
n
g
Bo
a
r
d
me
m
b
e
r
as
k
e
d
ho
w
we
wo
u
l
d
tr
e
a
t
an
or
p
h
a
n
a
g
e
.
We
di
d
no
t
ha
v
e
a vi
a
b
l
e
re
s
p
o
n
s
e
.
As
a re
s
u
l
t
staff is recommending including the use as part of the permitted use table revision. Formatte 153
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
RET
A
I
L
89
Co
u
n
t
r
y
S
t
o
r
e
∆
*
*
*
*
*
Re
t
a
i
l
Tr
a
d
e
,
S
a
l
e
s
,
a
n
d
R
e
n
t
a
l
o
f
D
u
r
a
b
l
e
a
n
d
Co
n
v
e
n
i
e
n
c
e
G
o
o
d
s
,
M
e
r
c
h
a
n
d
i
s
e
,
a
n
d
E
q
u
i
p
m
e
n
t
In
c
l
u
d
i
n
g
M
a
i
l
O
r
d
e
r
H
o
u
s
e
s
O
c
c
u
r
r
i
n
g
:
∆ 90
*
*
*
*
*
*
* * * * * *
In
a
S
e
p
a
r
a
t
e
F
r
e
e
-
s
t
a
n
d
i
n
g
B
u
i
l
d
i
n
g
*
*
*
*
*
*
C#* * * *
In
a
S
e
r
v
i
c
e
B
u
i
l
d
i
n
g
,
C
o
u
r
t
/
P
l
a
z
a
,
or
a
n
E
n
c
l
o
s
e
d
M
a
l
l
*
*
*
*
* * * * *
89
Th
i
s
is
go
i
n
g
to
co
m
b
i
n
e
th
e
‘C
o
m
m
e
r
c
i
a
l
’
la
n
d
us
e
ca
t
e
g
o
r
y
co
n
t
a
i
n
e
d
in
Se
c
t
i
o
n
5.
2
.
1
an
d
th
e
‘R
e
t
a
i
l
’
ca
t
e
g
o
r
y
co
n
t
a
i
n
e
d
in
Se
c
t
i
o
n
5.
2
.
2
of
th
e
UD
O
.
90
As
wi
t
h
ot
h
e
r
si
m
i
l
a
r
la
n
d
us
e
s
,
st
a
f
f
wi
l
l
be
mo
v
i
n
g
re
g
u
l
a
t
o
r
y
st
a
n
d
a
r
d
s
ou
t
of
th
e
ta
b
l
e
of
pe
r
m
i
t
t
e
d
us
e
s
an
d
in
t
o
th
e
ap
p
r
o
p
r
i
a
t
e
se
c
t
i
o
n
of
Ar
t
i
c
l
e
5.
154
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
SER
V
I
C
E
S
Be
a
u
t
y
a
n
d
/
o
r
B
a
r
b
e
r
S
h
o
p
*
*
*
*
*
*
*
Bo
d
y
A
r
t
(
T
a
t
t
o
o
,
B
o
d
y
P
i
e
r
c
i
n
g
,
e
t
c
.
)
*
Bi
c
y
c
l
e
R
e
p
a
i
r
/
S
e
r
v
i
c
e
*
*
*
*
*
* * *
Ca
r
W
a
s
h
*
*
*
*
Ca
f
é
/
C
o
f
f
e
e
S
h
o
p
*
*
*
*
* * * * *
Ce
m
e
t
e
r
y
∆
B
*B 91
B
B
B
B
B
B
B
Cl
u
b
s
o
r
L
o
d
g
e
s
;
S
o
c
i
a
l
;
F
r
a
t
e
r
n
a
l
;
o
r
U
n
i
o
n
Cl
u
b
h
o
u
s
e
s
*
*
*
*
*
*
*
*
*
*
*
*
C#
*
C# C# * C# * *
Co
m
m
u
n
i
t
y
C
e
n
t
e
r
s
∆ 92
B
B
B
B
B
B
B
B
B
*
*
*
*
*
A
A
A
A
*
*
Cr
e
m
a
t
o
r
i
a
93
*
*
*
*
Da
y
S
p
a
*
*
*
* * * *
Di
e
t
/
W
e
i
g
h
t
L
o
s
s
C
e
n
t
e
r
s
*
*
*
* * * *
Fu
n
e
r
a
l
H
o
m
e
∆
*
*
*
94
*
*
Ga
r
d
e
n
C
e
n
t
e
r
∆
*
*
*
*
*
*
*
Ho
t
e
l
/
M
o
t
e
l
*
*
*
*
Ju
n
k
y
a
r
d
/
S
a
l
v
a
g
e
Y
a
r
d
∆
A
A
A
Ke
n
n
e
l
,
C
l
a
s
s
I
I
∆
B
B
B
B
B
B
*
La
u
n
d
r
y
a
n
d
D
r
y
C
l
e
a
n
i
n
g
S
e
r
v
i
c
e
s
*
Ma
s
s
a
g
e
∆
*
91
A ce
m
e
t
e
r
y
is
cu
r
r
e
n
t
li
s
t
e
d
as
a ‘p
e
r
m
i
t
t
e
d
us
e
’
of
pr
o
p
e
r
t
y
wi
t
h
i
n
th
e
AR
ge
n
e
r
a
l
us
e
zo
n
i
n
g
di
s
t
r
i
c
t
ye
t
it
is
re
q
u
i
r
e
d
to
ob
t
a
i
n
a Cl
a
s
s
B Sp
e
c
i
a
l
Us
e
Pe
r
m
i
t
in
ot
h
e
r
re
s
i
d
e
n
t
i
a
l
districts. Staff is proposing to amend the table and require a Special Use Permit for a
ce
m
e
t
e
r
y
,
as
a pr
i
n
c
i
p
a
l
us
e
of
pr
o
p
e
r
t
y,
in
th
e
AR
di
s
t
r
i
c
t
.
92
Mo
v
e
d
fr
o
m
th
e
Mi
s
c
e
l
l
a
n
e
o
u
s
la
n
d
us
e
ca
t
e
g
o
r
y
93
Ex
i
s
t
i
n
g
la
n
d
us
e
un
d
e
r
th
e
Mi
s
c
e
l
l
a
n
e
o
u
s
la
n
d
us
e
ca
t
e
g
o
r
y
be
i
n
g
mo
v
e
d
.
94
St
a
f
f
is
pr
o
p
o
s
i
n
g
to
al
l
o
w
a fu
n
e
r
a
l
ho
m
e
wi
t
h
on
‐si
t
e
cr
e
m
a
t
o
r
i
a
fa
c
i
l
i
t
i
e
s
to
de
v
e
l
o
p
in
th
e
id
e
n
t
i
f
i
e
d
in
d
u
s
t
r
i
a
l
di
s
t
r
i
c
t
s
.
155
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Na
i
l
S
a
l
o
n
s
*
*
*
*
*
*
Ni
g
h
t
c
l
u
b
s
,
B
a
r
s
,
a
n
d
P
u
b
s
∆
*
*
*
*
*
*
*
*
*
*
Pr
o
f
e
s
s
i
o
n
a
l
O
f
f
i
c
e
s
!
95
*
*
*
*
*
* *
Re
p
a
i
r
S
e
r
v
i
c
e
s
∆ 96
*
*
*
*
*
*
Re
p
a
i
r
S
e
r
v
i
c
e
s
-
E
l
e
c
t
r
o
n
i
c
a
n
d
A
p
p
l
i
a
n
c
e
∆
*
*
*
*
*
*
Re
p
a
i
r
S
e
r
v
i
c
e
s
–
P
e
r
s
o
n
a
l
a
n
d
H
o
u
s
e
h
o
l
d
G
o
o
d
s
ot
h
e
r
t
h
a
n
A
p
p
l
i
a
n
c
e
s
∆
*
*
*
*
*
*
Re
s
t
a
u
r
a
n
t
s
∆ 97
*
*
*
*
*
*
*
*
Re
l
i
g
i
o
u
s
F
a
c
i
l
i
t
y
∆ 98
*
*
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
a
n
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
a
n
d
B
r
e
a
k
f
a
s
t
I
n
n
∆
*
*
Ru
r
a
l
G
u
e
s
t
E
s
t
a
b
l
i
s
h
m
e
n
t
–
C
o
u
n
t
r
y
I
n
n
∆
*
*
Se
x
u
a
l
l
y
O
r
i
e
n
t
e
d
B
u
s
i
n
e
s
s
e
s
∆
*
*
St
o
r
a
g
e
o
f
G
o
o
d
s
∆
*
*
*
*
*
*
*
*
Ta
n
n
i
n
g
S
a
l
o
n
*
*
*
*
* * * *
Ta
x
i
d
e
r
m
y
∆
*
To
u
r
i
s
t
H
o
m
e
*
*
*
*
Se
r
v
i
c
e
–
U
s
e
s
N
o
t
L
i
s
t
e
d
H
e
r
e
i
n
!
A
A
A A A A
95
Mo
v
e
d
to
th
e
ne
w
of
f
i
c
e
la
n
d
us
e
ca
t
e
g
o
r
y
.
96
Ba
s
e
d
on
va
r
i
o
u
s
re
v
i
e
w
co
m
m
e
n
t
s
al
l
re
p
a
i
r
se
r
v
i
c
e
ac
t
i
v
i
t
i
e
s
ar
e
be
i
n
g
co
m
b
i
n
e
d
in
a ce
n
t
r
a
l
la
n
d
us
e
ca
t
e
g
o
r
y
.
97
Af
t
e
r
co
n
f
e
r
r
i
n
g
wi
t
h
th
e
Co
u
n
t
y
’
s
At
t
o
r
n
e
y
of
f
i
c
e
,
st
a
f
f
ha
s
ta
k
e
n
th
e
ad
v
i
c
e
of
co
m
b
i
n
i
n
g
th
e
3 ex
i
s
t
i
n
g
,
in
d
i
v
i
d
u
a
l
,
re
s
t
a
u
r
a
n
t
la
n
d
us
e
s
in
t
o
on
e
ce
n
t
r
a
l
ca
t
e
g
o
r
y
.
Re
g
u
l
a
t
i
o
n
s
governing the type of allowable restaurant facility (i.e. carry‐out, with/without drive‐
th
r
u
,
et
c
.
)
wi
l
l
be
lo
c
a
t
e
d
in
a re
v
i
s
e
d
Se
c
t
i
o
n
5.
1
6
.
6
of
th
e
UD
O
.
98
Th
i
s
is
a ne
w
la
n
d
us
e
ca
t
e
g
o
r
y
to
ca
p
t
u
r
e
pl
a
c
e
s
of
wo
r
s
h
i
p
wi
t
h
o
u
t
us
i
n
g
th
e
te
r
m
‘c
h
u
r
c
h
’
.
156
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
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
sh
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
(
O
v
e
r
7
5
f
e
e
t
a
n
d
u
n
d
e
r
20
0
f
e
e
t
)
∆
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
*
*
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
s
(
2
0
0
f
e
e
t
a
n
d
h
i
g
h
e
r
)
∆
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
*
157
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
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
B
B
B
B
B
B
B
B
B
B
B
B
B
B
*
Ya
r
d
S
a
l
e
∆ 99
*
*
*
*
*
*
*
*
*
Te
m
p
o
r
a
r
y
F
u
n
d
R
a
i
s
i
n
g
A
c
t
i
v
i
t
y
∆ 10
0
*
*
*
*
*
99
Se
c
t
i
o
n
5.
4
.
1
of
th
e
UD
O
in
d
i
c
a
t
e
s
a ‘y
a
r
d
sa
l
e
’
sh
a
l
l
be
pe
r
m
i
t
t
e
d
in
ac
c
o
r
d
a
n
c
e
wi
t
h
th
e
ta
b
l
e
of
pe
r
m
i
t
t
e
d
us
e
s
.
Th
e
us
e
,
ho
w
e
v
e
r
,
is
no
t
li
s
t
e
d
an
y
w
h
e
r
e
.
St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
we include references within the Temporary Uses land use category to address the
ov
e
r
s
i
g
h
t
.
10
0
Th
e
r
e
is
a si
m
i
l
a
r
is
s
u
e
s
wi
t
h
te
m
p
o
r
a
r
y
fu
n
d
r
a
i
s
i
n
g
ac
t
i
v
i
t
i
e
s
.
Se
c
t
i
o
n
5.
4
.
2
in
d
i
c
a
t
e
s
su
c
h
ac
t
i
v
i
t
y
sh
a
l
l
be
pe
r
m
i
t
t
e
d
in
ac
c
o
r
d
a
n
c
e
wi
t
h
th
e
ta
b
l
e
of
pe
r
m
i
t
t
e
d
us
e
s
,
bu
t
it
is
not listed anywhere. Staff is recommending including references in the revised table to
ad
d
r
e
s
s
th
e
is
s
u
e
.
158
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
UTI
L
I
T
I
E
S
10
1
El
e
v
a
t
e
d
W
a
t
e
r
S
t
o
r
a
g
e
T
a
n
k
s
∆
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
*
*
Pu
b
l
i
c
U
t
i
l
i
t
y
S
t
a
t
i
o
n
s
&
Su
b
-
S
t
a
t
i
o
n
s
,
S
w
i
t
c
h
i
n
g
St
a
t
i
o
n
s
,
T
e
l
e
p
h
o
n
e
E
x
c
h
a
n
g
e
s
,
W
a
t
e
r
&
S
e
w
a
g
e
Tr
e
a
t
m
e
n
t
P
l
a
n
t
s
∆
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
*
El
e
c
t
r
i
c
,
G
a
s
,
a
n
d
L
i
q
u
i
d
F
u
e
l
T
r
a
n
s
m
i
s
s
i
o
n
L
i
n
e
s
∆
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
*
*
Wa
t
e
r
&
S
a
n
i
t
a
r
y
S
e
w
e
r
P
u
m
p
i
n
g
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
So
l
a
r
A
r
r
a
y
–
L
a
r
g
e
F
a
c
i
l
i
t
y
∆
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
*
*
So
l
a
r
A
r
r
a
y
–
P
u
b
l
i
c
U
t
i
l
i
t
y
∆
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
*
Ut
i
l
i
t
i
e
s
U
s
e
s
N
o
t
L
i
s
t
e
d
H
e
r
e
i
n
!
A
A
A
A
10
1
St
a
f
f
is
ke
e
p
i
n
g
re
g
u
l
a
t
i
o
n
s
go
v
e
r
n
i
n
g
th
e
de
v
e
l
o
p
m
e
n
t
of
‘u
t
i
l
i
t
i
e
s
’
th
e
sa
m
e
fo
r
th
e
ti
m
e
be
i
n
g
.
We
ar
e
wo
r
k
i
n
g
wi
t
h
th
e
Co
u
n
t
y
’
s
At
t
o
r
n
e
y
Of
f
i
c
e
to
as
c
e
r
t
a
i
n
if
we
ar
e
,
in
fa
c
t
,
pre‐empted to require local permits for activities regulated by the State Utility
Co
m
m
i
s
s
i
o
n
.
Formatte 159
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
WAS
T
E
MAN
A
G
E
M
E
N
T
La
n
d
f
i
l
l
s
(
2
A
c
r
e
s
o
r
M
o
r
e
)
~
∆
A
A
A
A
A
A
A
La
n
d
f
i
l
l
s
(
L
e
s
s
T
h
a
n
2
A
c
r
e
s
)
~
∆
B
B
B
B
B
B
B
Wa
s
t
e
M
a
n
a
g
e
m
e
n
t
F
a
c
i
l
i
t
y
;
H
a
z
a
r
d
o
u
s
&
T
o
x
i
c
~
∆
A
A
A
160
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
WHO
L
E
S
A
L
E
TRA
D
E
Wh
o
l
e
s
a
l
e
T
r
a
d
e
–
D
u
r
a
b
l
e
G
o
o
d
s
(s
e
e
l
i
s
t
b
e
l
o
w
)
~10
2
,
10
3
*
*
*
*
*
*
* * * * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
A
u
t
o
m
o
t
i
v
e
p
a
r
t
s
a
n
d
su
p
p
l
i
e
s
(
I
n
a
n
e
n
c
l
o
s
e
d
b
u
i
l
d
i
n
g
)
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
E
l
e
c
t
r
i
c
a
l
g
o
o
d
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
F
u
r
n
i
t
u
r
e
a
n
d
ho
m
e
f
u
r
n
i
s
h
i
n
g
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
H
a
r
d
w
a
r
e
,
p
l
u
m
b
i
n
g
,
an
d
h
e
a
t
i
n
g
e
q
u
i
p
m
e
n
t
a
n
d
s
u
p
p
l
i
e
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
L
u
m
b
e
r
a
n
d
ot
h
e
r
c
o
n
s
t
r
u
c
t
i
o
n
m
a
t
e
r
i
a
l
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
M
a
c
h
i
n
e
r
y
,
e
q
u
i
p
m
e
n
t
,
an
d
s
u
p
p
l
i
e
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
S
p
o
r
t
i
n
g
,
r
e
c
r
e
a
t
i
o
n
a
l
,
ph
o
t
o
g
r
a
p
h
i
c
,
a
n
d
ho
b
b
y
g
o
o
d
s
;
t
o
y
s
a
n
d
s
u
p
p
l
i
e
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
–
N
o
n
D
u
r
a
b
l
e
G
o
o
d
s
(
se
e
l
i
s
t
be
l
o
w
)
~
*
*
*
*
*
*
* * * * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
A
p
p
a
r
e
l
a
n
d
p
i
e
c
e
g
o
o
d
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
B
e
e
r
,
w
i
n
e
,
a
n
d
di
s
t
i
l
l
e
d
a
l
c
o
h
o
l
i
c
b
e
v
e
r
a
g
e
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
G
r
o
c
e
r
i
e
s
an
d
r
e
l
a
t
e
d
p
r
o
d
u
c
t
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
P
a
p
e
r
an
d
p
a
p
e
r
p
r
o
d
u
c
t
s
*
*
*
*
*
*
* * *
Wh
o
l
e
s
a
l
e
T
r
a
d
e
-
P
h
a
r
m
a
c
e
u
t
i
c
a
l
s
an
d
c
o
s
m
e
t
i
c
s
*
*
*
*
*
*
* * *
10
2
Wi
t
h
i
n
th
e
ED
D
di
s
t
r
i
c
t
s
Wh
o
l
e
s
a
l
e
Tr
a
d
e
is
br
o
k
e
n
do
w
n
in
t
o
‘D
u
r
a
b
l
e
’
an
d
‘N
o
n
‐du
r
a
b
l
e
’
go
o
d
s
.
St
a
f
f
is
in
c
o
r
p
o
r
a
t
i
n
g
th
i
s
ex
i
s
t
i
n
g
la
n
g
u
a
g
e
in
t
o
th
e
re
v
i
s
e
d
ta
b
l
e
.
10
3
On
ad
v
i
c
e
of
th
e
Co
u
n
t
y
’
s
At
t
o
r
n
e
y
of
f
i
c
e
st
a
f
f
wi
l
l
be
re
c
o
m
m
e
n
d
i
n
g
a co
l
l
a
p
s
i
n
g
of
th
e
s
e
ac
t
i
v
i
t
i
e
s
in
t
o
a ce
n
t
r
a
l
se
c
t
i
o
n
(i
.
e
.
wh
o
l
e
s
a
l
e
tr
a
d
e
du
r
a
b
l
e
ve
r
s
u
s
no
n
‐du
r
a
b
l
e
go
o
d
s
)
and transferring examples into a definition of the term contained in Article 10. 161
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STA
N
D
A
R
D
S
C=
CO
N
D
I
T
I
O
N
A
L
USE (REZONING & CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS
EI
I 1
I2
I3
PI
D
ED
B
-
1
EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
MIS
C
E
L
L
A
N
E
O
U
S
Ac
c
e
s
s
o
r
y
U
s
e
s
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Ai
r
p
o
r
t
s
,
G
e
n
e
r
a
l
A
v
i
a
t
i
o
n
,
H
e
l
i
p
o
r
t
s
,
S
.
T
.
O
.
L
~
∆
A
A
A 10
4
A
A
A
As
s
e
m
b
l
y
F
a
c
i
l
i
t
y
G
r
e
a
t
e
r
T
h
a
n
3
0
0
p
e
r
s
o
n
s
*
*
*
*
As
s
e
m
b
l
y
F
a
c
i
l
i
t
y
L
e
s
s
T
h
a
n
3
0
0
p
e
r
s
o
n
s
*
*
*
*
Ce
m
e
t
e
r
y
10
5
B
*
B
B
B
B
B
B
B
Ch
u
r
c
h
10
5
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Cl
u
b
s
o
r
L
o
d
g
e
s
;
S
o
c
i
a
l
;
F
r
a
t
e
r
n
a
l
o
r
U
n
i
o
n
Cl
u
b
h
o
u
s
e
s
10
5
*
*
*
*
*
*
*
*
Co
m
m
u
n
i
t
y
C
e
n
t
e
r
10
5
B
B
B
B
B
B
B
B
B
*
*
*
*
Cr
e
m
a
t
o
r
i
a
~
10
5
*
*
*
Hi
s
t
o
r
i
c
S
i
t
e
s
N
o
n
-
R
e
s
i
d
e
n
t
i
a
l
/
M
i
x
e
d
U
s
e
∆
A A
A
*
*
Ke
n
n
e
l
s
,
C
l
a
s
s
I
*
*
*
*
*
*
Re
s
e
a
r
c
h
a
n
d
M
a
n
u
f
a
c
t
u
r
i
n
g
F
a
c
i
l
i
t
y
10
6
*
*
*
*
Re
s
e
a
r
c
h
F
a
c
i
l
i
t
y
~
10
6
*
*
*
*
*
*
*
Re
s
e
a
r
c
h
L
a
n
d
s
&
I
n
s
t
a
l
l
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Formatte 162
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-16
(4) Failure to submit the certification or failure to make said corrections required shall
be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
(C) If a manufactured home is placed within Zone AE and the elevation of the chassis is more
than 36 inches in height, an engineered foundation certification is required per Section
6.6.1(B)(3).
(D) If a watercourse is to be altered or relocated, the following shall be submitted by the permit
applicant prior to issuance of a floodplain development permit:
(1) A description of the extent of watercourse alteration or relocation;
(2) An engineering report on the effects of the proposed project on the flood-carrying
capacity of the watercourse and the effects to properties located both upstream
and downstream; and
(3) A map, drawn to scale, showing the location of the proposed watercourse
alteration or relocation.
(E) Certification Exemptions
The following structures, if located within Zone AE, are exempt from the elevation/flood
proofing certification requirements specified in items (A) and (B) above:
(1) Recreational vehicles meeting requirements of Section 6.6.1(B)(5);
(2) Temporary structures meeting requirements of Section 6.6.1(B)(7); and
(3) Accessory Structures with any dimension that is 12 feet or greater in height,
width, or depth, meeting requirements of Section 6.6.1(B)(8).
SECTION 2.7: SPECIAL USE PERMITS
2.7.1 Generally
(A) Any use or development designated by applicable zoning district regulations contained
within Article 5 as a special use, or as allowed only pursuant to a special use permit (either
Class A or Class B), may be established in that district only after the use or development
is authorized by a validly issued and recorded special use permit.
(B) This section sets forth required review and approval procedures for submittal, review, and
approval of applications for special use permit.
(C) A special use permit authorizes its holder to use or develop a particular parcel of land in a
particular way, as specified by the terms and conditions of the special use permit.
(D) A special use permit imposes on its holder the responsibility of ensuring that the
authorized use or development continues to comply with the terms and conditions of
approval.
(E) Issuance of a special use permit does not relieve the holder of the special use permit of
the additional responsibility of obtaining a building permit or any other permit or approval
required by any other applicable law.
2.7.2 Review and Approval Flow Chart
The review and approval process for Special Use Permits is shown in the procedure’s flowchart.
2.7.3 Application Requirements
(A) Applications for a Special Use shall be submitted on forms provided by the Planning
Department in accordance with Section 2.2 of this Ordinance.
(B) Applications shall include:
(1) A full and accurate description of the proposed use, including its location,
appearance, and operational characteristics.
163
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-17
(2) The name(s)
and
address(es) of
the owner(s) of
the property
involved.
(3) Relevant
information
needed to
show
compliance
with the
general and
specific
standards
governing the
Special Use
(See Articles 5
and 6).
(4) For Class A
Special Uses
26 copies of
the site plan,
and for Class
B Special
Uses 10
copies of the
site plan,
prepared by a
registered
North Carolina
land surveyor,
landscape
architect,
architect, or
engineer,
which shall
contain the
information
listed in
Section 2.5.
(5) If the
application
involves a
Preliminary
Subdivision
Plat, 26 copies
of the Plat
prepared in
accordance
with Section
7.14 shall be
provided.
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
Application
Submittal
Class B SUP: Schedule
NIM, DAC & Board of
Adjustment quasi-
judicial hearing
Class A SUP: Schedule NIM,
DAC, Planning Board meeting &
BOCC quasi-judicial hearing
BOCC decision
Planning Board for
review and
recommendation
Board of
Adjustment
decision
Publish Legal Ad, Post
Sign & Mail Notice for
Public Hearing
BOCC holds quasi-
judicial hearing at
quarterly public hearing
Special Use
Permit
Neighborhood
Information
Meeting
Post Sign & Mail
Notice for
Neighborhood
Information
Meeting (NIM)
Development
Advisory
Committee (DAC)
Meeting
Staff Review/
Analysis Begins
BOA holds quasi-
judicial hearing
Post Sign & Mail Notice for
Neighborhood Information
Meeting (NIM) & Planning
Board meeting
Publish Legal Ad, Post
Sign & Mail Notice for
Public Hearing
Development
Advisory
Committee (DAC)
Meeting
Neighborhood
Information Meeting
164
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-18
(6) A list of all parcels located within 500 one thousand1 feet of the subject parcel
and the name and address of each property owner, as currently listed in the
Orange County tax records.
(7) Elevations of all structures proposed to be used in the development.
(8) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of
the Environmental Assessment and/or Environmental Impact Statement, if
required by Section 6.16.
(9) Method of disposal of trees, limbs, stumps and construction debris associated
with the permitted activity, which shall be by some method other than open
burning.
(10) Statement from the applicant indicating the anticipated development schedule for
the build-out of the project.
(11) Statement from the applicant in justification of any request for vesting for a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(1) Applications for agricultural support enterprise uses located within the Rural
Buffer land use classification, as depicted on the Future Land Use Map of the
adopted Comprehensive Plan, shall be forwarded to the County’s Agricultural
Preservation Board for review and comment.
(a) The Agricultural Preservation Board shall have 30 calendar days to
provide comments. If comments are not received within this timeframe,
the application review process shall not be delayed.
(b) For purposes of this subsection, agricultural support enterprise uses
shall be defined as those permitted in the ASE-CZ zoning district, as
detailed within Section 5.2.3 of this Ordinance.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
2.7.5 Neighborhood Information Meeting
(A) Before a Public Hearing may be held for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, 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 Special Use has been requested.
1 Staff is modifying existing language to be consistent with our advertising requirement, specifically that all
property owners within 1,000 of a parcel subject to a Special Use Permit application are notified of critical meeting
dates and times.
165
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-30
O/RM
OFFICE / RESEARCH AND
MANUFACTURING
DIMENSIONAL AND RATIO STANDARDS
Lot Size, min. (square
feet)
R [1] None
NR
NR-CU 5,000
PURPOSE
Lot Width, min. (feet)
R
NR-CU None
The purpose of the Office/Research and Manufacturing (O/RM)
District is to provide locations for medium and high intensity
office, service, research, and light manufacturing land uses in
areas where urban services are available or are to be made
available as part of the development process. This district is
intended to provide for employment centers near transportation
routes.
NR 50
Front Setback from
ROW, min. (feet)
R
NR - CU None
NR 25
Side Setback, min. (feet)
R None
NR 10 [2]
APPLICABILITY NR - CU None [2]
This district will usually be applied where the following conditions
exist:
1. Site is located in areas designated by the adopted
Comprehensive Plan as Commercial Transition Activity Node or
Commercial-Industrial Transition Activity Nodes.
2. Water and sewer mains are existing at the site or are to be
made available during the development process.
Rear Setback, min.
(feet)
R None
NR 10 [2]
NR - CU None [2]
Height, max. (feet) 35 [3]
DIMENSIONAL STANDARDS NOTES:
[1] R = residential, NR = non-residential, CU = conditional use.
[2] Required side and rear setbacks adjacent to residentially
zoned land shall be equal to the required side or rear setback of
the adjacent residential district.
[3] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Floor Area Ratio, max.
R - CU
NR .40
NR-CU .45
Required Open Space
Ratio, min. .55
Required Livability
Space Ratio, min. R-CU .52
Required Recreation
Space Ratio, min.
R .111
R-CU .114
Gross Land Area,
min./max.
(square feet)
R-CU 5,000/
none
NR-CU 200,000/
none
Required
Pedestrian/Landscape
Ratio, min.
NR
NR-CU .05
O/RM DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the O/RM District in Section 5.2, unless a Conditional Use
(CU) or MPD-CZ District is approved (see Section 3.8). Additionally, non-residential uses are restricted
based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3
for land use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5
and all applicable development standards detailed in Article 6 of this Ordinance. See Sections 6.2.5 and
6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in
which the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the
166
Article 3: Base Zoning Districts
Section 3.4: General Commercial Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-31
number of individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the
property is located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface
area. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in
the Dimensional and Ratio Standards Table.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area
for lots that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between
40,000 square feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum
usable lot area of at least 40,000 square feet.
6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that
Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio
Standards table depending upon the type of subdivision proposed and the percentage of open space
provided.
7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed
in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to
Section 7.8.5 for private road standards.
8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the
procedure outlined in Section 2.16.
9. The site shall be located near major transportation corridors and have access to adequate public roadway
network.
10. When the principal land use of property is from the Manufacturing, Assembly, and Processing land use
category, as detailed in Section 5.2 of this Ordinance, additional land uses from the Financial Institutions,
Services, and Retail land use categories are permitted to be located on the property in accordance with the
following general standards:
a. Submitted site plan shall identify the square footage of each structure by type and use.
b. The principal use shall have previously been established on the subject parcel.
c. Additional land use shall not exceed 25% of the total square footage of all structures on the site.2
2 This is revised language, currently located in Section 5.14.5, of the UDO being relocated. Text is denoted in red
underline text denoting it as a ‘change’ due to the wholesale modification of same as part of the amendment
process.
167
Orange County, North Carolina – Unified Development Ordinance Page 5-1
ARTICLE 5: USES
SECTION 5.1: ESTABLISHMENT OF USE REGULATIONS
Except as otherwise provided herein, regulations governing the use of land and structures are hereby
established as shown in the Table of Permitted Uses.
5.1.1 Prohibited Uses
Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section
5.2), as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are
prohibited and shall not be established within that district. 3
5.1.25.1.1 Uses Permitted As a Matter of Right
Within all districts the following uses are permitted as a matter of right:
(A) Above ground and buried utility lines for local distribution of electricity, telephone, and
cable television service, accessory and appurtenant apparatus such as poles, guy wires,
transformers and switching boxes.
(B) Cabinetized telephone and/or fiber optic equipment associated with the local distribution of
services. Setbacks from the right-of-way for such equipment may be reduced to 20 feet in
the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided
that the equipment is screened from view by landscape materials.
(C) Bona fide farms.
(D) Buildings and other temporary structures used in connection with the construction of a
permanent building. (See Section 5.4.4).
(E) Neighborhood utility facilities located within a public right of way with the permission of the
owner of the right of way (State, City or Town).
(F) Off street parking as a required accessory use to a permitted use.
(G) Public and private streets and roads. Railroad rights of way.
(H) Water and sanitary sewer lines, gas and liquid fuel distribution lines.
(I) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary sewer pumping stations. (See Section 5.9.1).
(J) Electrical substations, switching and metering stations and associated transmission lines,
where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2).
(K) Solid waste collection facilities owned and operated by a public agency for the purpose of
disposal of household waste by Orange County residents. (See Section 5.11.1).
(L) Borrow pits (including reclamation by landfilling) associated with a State or Federal
highway project. (See Section 5.12.1).
5.1.35.1.2 Special Uses
(A) It is the intention of the Board of County Commissioners to create, and from time to time
amend, a list of Special Uses within the Table of Permitted Uses which, because of their
inherent nature, extent and external effects, require special care in the control of their
location and methods of operation.
(B) The Board of County Commissioners is aware of its responsibility to protect the public
health, safety and general welfare and believe that certain uses which now or in the future
3 Language is being relocated to a new section.
168
Article 5: Uses
Section 5.1: Establishment of Use Regulations
Orange County, North Carolina – Unified Development Ordinance Page 5-2
may be included on this list are appropriately handled as Special Uses, subject to review
in relation to general and specific requirements, rather than as uses permitted by right.
(C) In addition to the listing of such uses, the Board of County Commissioners intends that the
general standards and the more specific requirements established herein, shall be used
by the Board of Adjustment, the Planning Board and the Board of County Commissioners,
as appropriate, to direct deliberations upon application or the approval of Special Uses.
(D) It is the express intent of the Board of County Commissioners to delineate the areas of
concern connected with each Special Use and to provide standards by which applications
for such Special Use shall be evaluated.
(E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove
There are hereby established the following classes of Special Uses which shall be
approved or disapproved as shown:
(1) Class A - Approved or disapproved by Board of County Commissioners
(2) Class B - Approved or disapproved by Board of Adjustment
5.1.45.1.3 Conditional Uses
(A) The Board of County Commissioners is mindful of its responsibility to protect the public
health, safety and general welfare of the residents of Orange County and intends to
encourage development within the County consistent with that purpose.
(B) The Board of County Commissioners also recognizes that certain uses are appropriate for
development in Orange County but their location and site development specifics cannot be
predetermined or regulated through the use of a general zoning district designation and
conventional standards.
(C) Conditional Uses and Conditional Use Districts are hereby established and shall be
reviewed in accordance with the provisions of this Ordinance.
(D) Permitted Uses
(1) Any use listed as Permitted by Right or by Special Use Permit on the Table of
Permitted Uses may be approved as a Conditional Use within a Conditional Use
District, unless expressly excluded in Section 5.1.4(E) of this Ordinance.
(2) Permitted uses are subject to all general and specific standards of approval for
that use, as established within this Section.
(E) Exclusions
(1) Unless otherwise noted in Section 5.2, the following uses shall not be considered
or approved as a Conditional Use District within the Commercial-Industrial
Transition Activity Node or Economic Development Transition Activity Node land
use classifications, as designated by the adopted Comprehensive Plan:
(a) Airports, General Aviation, Heliports, S.T.O.L,
(b) Class II Kennels,
(c) Commercial Feeder Operation,
(d) Composting Operation with grinding,
(e) Crematoria,
(f) Extraction of Earth Products,
(g) Junkyards,
(h) Landfills (less than 2 acres),
(i) Landfills (2 acres or more),
169
Article 5: Uses
Section 5.1: Establishment of Use Regulations
Orange County, North Carolina – Unified Development Ordinance Page 5-4
(dd) Sawmills,
(ee) Stables, Commercial
(ff) Stockyards / Livestock Markets,
(gg) Storage of Goods, Outdoor,
(hh) Waste Management Facility; Hazardous & Toxic, and
(ii) Wholesale Sales.
5.1.4 Key to Permitted Use Table 4
(A) An aestrick (*) indicates the use is permitted by right within the district with no additional
use standards.
(B) A delta (∆) indicates the use is permitted by right within the district but is subject to
additional use standards.
A plus sign (+) indicates the use is permitted as a secondary use in accordance with
Section ____ of this Ordinance.
(C) An ‘A’ or ‘B’ Indicates that the use requires the issuance of a Special Use Permit by either
the Board of Adjustment (B) or the County Commissioners (A) in accordance with Section
2.7 of this Ordinance.
(D) A ‘C’ indicates the the use requires the issuance of a Conditional Use Permit in
accordance with Section 2.9 of this Ordinance.
(E) A tilde ‘~’ indicates the use may not be permitted as a Conditional Use District. For more
information please refer to Section 5.1.4(E) of this Ordinance.
(F) A caret ‘^’ denotes identified use can be developed, even if there is an existing principal
use, on a bona fide farm. For more information please refer to Section 6.2.5 of this
Ordinance.
An exclamation mark ‘!’ indicates the use is required to abide by additional submittal and
development standards as detailed within this Section. 5
(G) A box with no marking(s) indicates the use is not permitted within the identified district.6
4 Information on what these symbols refer to is currently listed in the various tables. Staff is creating a central
location for this information.
5 Staff has originally intended to provide multiple symbols to address land uses having to abide by additional
development standards. While it served a purpose it was also deemed to be too confusing. Staff modified this
section and the table in general using the delta Δ to signify land uses requiring adherence to additional
development standards/criteria.
6 Language added to clarify what a unmarked box within the table of permitted uses signifies, specifically the land
use is not permitted in the general use zoning district.
170
Article 5: Uses
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A * * *
Co
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e
r
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’
M
a
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k
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t
^
*
*
*
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*
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m
p
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w
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p
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a
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a
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m
S
t
a
n
d
^
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*
*
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Fa
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e
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~
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* * *
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r
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p
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*
*
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e
d
M
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l
l
~
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Gr
e
e
n
h
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u
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w
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n
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e
m
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s
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a
l
e
s
^
*
*
*
*
*
*
Me
a
t
P
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e
s
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i
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g
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a
c
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l
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t
y
,
C
o
m
m
u
n
i
t
y
^
*
*
*
*
* *
Me
a
t
P
r
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e
s
s
i
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g
F
a
c
i
l
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t
y
,
R
e
g
i
o
n
a
l
~
A
No
n
-
F
a
r
m
U
s
e
o
f
F
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E
q
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p
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t
^
*
*
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7 Al
l
ta
b
l
e
s
ha
v
e
be
e
n
co
m
b
i
n
e
d
in
t
o
a ce
n
t
r
a
l
ta
b
l
e
.
Th
i
s
ne
w
ta
b
l
e
is
co
n
t
a
i
n
e
d
in
a se
p
a
r
a
t
e
do
c
u
m
e
n
t
to
pr
e
s
e
r
v
e
th
e
ne
w
ta
b
l
e
,
and existing UDO, page
la
y
o
u
t
fo
r
m
a
t
.
171
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 5-6
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS EI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
t
b
e
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C
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d
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e
D
i
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i
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t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
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s
m
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t
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a
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p
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f
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(
s
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S
e
c
t
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o
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6
.
2
.
5
)
St
a
b
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C
o
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B
B
B
B
B
St
o
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~
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CHI
L
D
CAR
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& EDU
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FAC
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h
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n
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e
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r
t
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u
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c
*
*
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Sc
h
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s
:
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l
e
m
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t
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e
c
o
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d
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A
A
A
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h
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*
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COM
M
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C
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L
USE
S
Ba
n
k
s
&
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t
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&
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n
k
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A A
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n
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e
l
s
,
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l
a
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~
^
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B
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B
B
B
La
u
n
d
r
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&
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C
l
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a
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*
Ma
s
s
a
g
e
,
B
u
s
i
n
e
s
s
o
f
*
*
172
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 5-7
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS EI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
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b
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C
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d
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t
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na
l
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s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
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n
c
i
p
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f
lo
c
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t
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d
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n
a
b
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n
a
f
i
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f
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r
m
(
s
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e
S
e
c
t
i
o
n
6
.
2
.
5
)
Mi
c
r
o
b
r
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w
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r
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w
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M
i
n
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r
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v
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B
B
B B B
Ni
g
h
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c
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u
b
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a
r
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P
u
b
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f
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&
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c
e
s
,
C
l
a
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s
1
*
*
*
*
*
*
* * *
Of
f
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c
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s
&
P
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r
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a
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S
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r
v
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c
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s
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s
2
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f
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Re
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:
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w
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M
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^
B
B
B B B
173
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 5-8
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS EI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
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n
c
i
p
a
l
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f
lo
c
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e
d
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a
b
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n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
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
~
A
A A A A
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
St
a
t
i
o
n
s
)
R
e
s
c
u
e
S
q
u
a
d
s
,
V
o
l
u
n
t
e
e
r
F
i
r
e
De
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
G
u
a
r
d
&
R
e
s
e
r
v
e
Ar
m
o
r
y
)
~
*
*
*
*
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
Di
s
t
r
i
b
u
t
i
o
n
a
n
d
M
a
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
i
l
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
~
* *
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
^
B
B
*
* * *
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
^
B
B
*
* * *
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
B
*
*
*
*
*
*
* * * *
174
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-9
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS EI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Ve
t
e
r
i
n
a
r
y
C
l
i
n
i
c
,
m
o
b
i
l
e
B
B
*
*
*
*
*
*
* * * *
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
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
B
B
B
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
B
*
*
*
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
B
B
B
B
B
B
B
B
B
B
B
*
*
B
* * *
Go
l
f
C
o
u
r
s
e
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A A A
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
B
B
B
B
B
B
B
B
B
B
B
B
B
B
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
it
i
e
s
,
S
o
r
o
r
i
t
i
e
s
,
a
n
d
Do
r
m
i
t
o
r
i
e
s
)
~
A
A
A
A
A
Ro
o
m
i
n
g
H
o
u
s
e
*
*
*
*
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
sh
o
r
t
e
r
)
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * * *
175
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-10
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS EI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
e
i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
s
(
O
v
e
r
7
5
f
e
e
t
a
n
d
u
n
d
e
r
20
0
f
e
e
t
)
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B B B B B B
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
s
(
2
0
0
f
e
e
t
a
n
d
h
i
g
h
e
r
)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A A A A A A
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
B
B
B
B
B
B
B
B
B
B
B
B
B
B
Te
m
p
o
r
a
r
y
M
o
b
i
l
e
H
o
m
e
(
U
s
e
d
u
r
i
n
g
co
n
s
t
r
u
c
t
i
o
n
/
i
n
s
t
a
l
l
a
t
i
o
n
o
f
p
e
r
m
a
n
e
n
t
r
e
s
i
d
e
n
t
i
a
l
u
n
i
t
an
d
f
o
r
3
0
d
a
y
s
f
o
l
l
o
w
i
n
g
i
s
s
u
an
c
e
o
f
C
e
r
t
i
f
i
c
a
t
e
o
f
Oc
c
u
p
a
n
c
y
)
*
*
*
*
*
*
AUT
O
M
O
T
I
V
E
/ TRA
N
S
P
O
R
T
A
T
I
O
N
Bu
s
P
a
s
s
e
n
g
e
r
S
h
e
l
t
e
r
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * *
Bu
s
T
e
r
m
i
n
a
l
s
&
G
a
r
a
g
e
s
~
*
* * *
Mo
t
o
r
F
r
e
i
g
h
t
T
e
r
m
i
n
a
l
s
~
* * *
Mo
t
o
r
V
e
h
i
c
l
e
M
a
i
n
t
e
n
a
n
c
e
&
R
e
p
a
i
r
(
B
o
d
y
S
h
o
p
)
~
*
*
*
Mo
t
o
r
V
e
h
i
c
l
e
R
e
p
a
i
r
G
a
r
a
g
e
~
*
*
Mo
t
o
r
V
e
h
i
c
l
e
S
a
l
e
s
/
R
e
n
t
a
l
(
N
e
w
&
U
s
e
d
)
*
*
*
* * * *
Mo
t
o
r
V
e
h
i
c
l
e
S
e
r
v
i
c
e
s
S
t
a
t
i
o
n
s
*
*
*
*
*
Pa
r
k
i
n
g
A
s
P
r
i
n
c
i
p
a
l
U
s
e
,
S
u
r
f
a
c
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o
r
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t
r
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c
t
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r
e
*
*
*
Pe
t
r
o
l
e
u
m
P
r
o
d
u
c
t
s
:
S
t
o
r
a
g
e
&
D
i
s
t
r
i
b
u
t
i
o
n
~
* * *
Po
s
t
a
l
&
P
a
r
c
e
l
D
e
l
i
v
e
r
y
S
e
r
v
i
c
e
s
*
*
*
UTI
L
I
T
I
E
S
El
e
v
a
t
e
d
W
a
t
e
r
S
t
o
r
a
g
e
T
a
n
k
s
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B B B B
Pu
b
l
i
c
U
t
i
l
i
t
y
S
t
a
t
i
o
n
s
&
Su
b
-
S
t
a
t
i
o
n
s
,
S
w
i
t
c
h
i
n
g
St
a
t
i
o
n
s
,
T
e
l
e
p
h
o
n
e
E
x
c
h
a
n
g
e
s
,
W
a
t
e
r
&
S
e
w
a
g
e
Tr
e
a
t
m
e
n
t
P
l
a
n
t
s
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A A A A A
176
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-11
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS EI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
i
n
c
i
p
a
l
u
s
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i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
El
e
c
t
r
i
c
,
G
a
s
,
a
n
d
L
i
q
u
i
d
F
u
e
l
T
r
a
n
s
m
i
s
s
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o
n
L
i
n
e
s
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B B B B
Wa
t
e
r
&
S
a
n
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t
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e
w
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r
P
u
m
p
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n
g
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * *
So
l
a
r
A
r
r
a
y
–
L
a
r
g
e
F
a
c
i
l
i
t
y
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B B B B B
So
l
a
r
A
r
r
a
y
–
P
u
b
l
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c
U
t
i
l
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y
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A A A A A
WAS
T
E
MAN
A
G
E
M
E
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T
La
n
d
f
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l
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s
(
2
A
c
r
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o
r
M
o
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e
)
~
A
A
A
A A A A
La
n
d
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l
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(
L
e
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T
h
a
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2
A
c
r
e
s
)
~
B
B
B
B B B B
Wa
s
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M
a
n
a
g
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F
a
c
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l
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t
y
;
H
a
z
a
r
d
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&
T
o
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c
~
A
A A
MIS
C
E
L
L
A
N
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O
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S
Ac
c
e
s
s
o
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y
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s
e
s
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
* * * * * *
Ai
r
p
o
r
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,
G
e
n
e
r
a
l
A
v
i
a
t
i
o
n
,
H
e
l
i
p
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r
t
s
,
S
.
T
.
O
.
L
~
A
A
A
A A A
As
s
e
m
b
l
y
F
a
c
i
l
i
t
y
G
r
e
a
t
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r
T
h
a
n
3
0
0
*
*
As
s
e
m
b
l
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a
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e
s
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h
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n
3
0
0
*
*
Ce
m
e
t
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B
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B
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B
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Ch
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r
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h
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* * * *
Cl
u
b
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;
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o
c
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;
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r
a
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Cl
u
b
h
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Co
m
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e
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B
B
B
B
B
B
B
B
*
*
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*
Cr
e
m
a
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o
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i
a
~
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Hi
s
t
o
r
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c
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i
t
e
s
N
o
n
-
R
e
s
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d
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n
t
i
a
l
/
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i
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d
U
s
e
A
A
A
Ke
n
n
e
l
s
,
C
l
a
s
s
I
*
*
*
*
*
*
Re
s
e
a
r
c
h
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n
d
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a
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u
f
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c
t
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r
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n
g
F
a
c
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l
i
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y
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* * *
Re
s
e
a
r
c
h
F
a
c
i
l
i
t
y
~
*
*
*
*
* * *
177
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 5-12
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
∆ = SUB
J
E
C
T
T
O
SPE
C
I
A
L
STANDARDS
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
RB
AR
R1
R2
R3
R4
R5
R8
R1
3
LC
1
NC
2
CC
3
GC
4
EC
5
O/
RM
AS EI I 1 I2 I3 PID
~
U
s
e
m
a
y
n
o
t
b
e
p
e
r
m
i
t
t
e
d
a
s
a
C
o
n
d
i
t
i
o
na
l
U
s
e
D
i
s
t
r
i
c
t
;
S
e
e
S
e
c
t
i
o
n
5
.
1
.
4
(
E
)
^
A
l
l
o
w
e
d
a
s
m
o
r
e
t
h
a
n
o
n
e
p
r
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n
c
i
p
a
l
u
s
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i
f
lo
c
a
t
e
d
o
n
a
b
o
n
a
f
i
d
e
f
a
r
m
(
s
e
e
S
e
c
t
i
o
n
6
.
2
.
5
)
Re
s
e
a
r
c
h
L
a
n
d
s
&
I
n
s
t
a
l
l
a
t
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n
s
,
N
o
n
-
p
r
o
f
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t
*
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r
a
l
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e
r
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t
a
g
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u
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m
B
B
B
B
B
Ru
r
a
l
S
p
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c
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a
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v
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t
s
^
*
*
*
Sp
e
c
i
a
l
E
v
e
n
t
s
(
L
e
s
s
t
h
a
n
1
5
0
)
*
*
*
178
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 5-13
5.
2
.
2
Ta
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
–
E
c
o
n
o
m
i
c
D
e
v
e
l
o
p
m
e
n
t
D
i
s
t
r
i
c
t
s
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
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I
N
G
DIS
T
R
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C
T
S
BUC
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H
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R
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ED
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1
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2
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1
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2
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H
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1
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H
-
2
ED
H
-
3
EDH-4 EDH-5
#
S
h
a
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e
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o
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o
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n
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A
t
l
a
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s
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o
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U
(
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2
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C
U
)
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t
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h
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b
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u
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u
t
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m
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d
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e
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o
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m
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n
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l
a
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y
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t
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m
(
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A
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S
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2
0
1
2
V
e
r
s
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o
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L
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An
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m
a
l
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p
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n
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l
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C
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B
CON
S
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Bu
i
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g
c
o
n
t
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a
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r
s
*
*
Co
n
s
t
r
u
c
t
i
o
n
(
S
e
c
t
o
r
2
3
)
(
H
i
l
l
s
b
o
r
o
u
g
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E
D
D
o
n
l
y
;
al
l
a
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m
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w
h
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i
l
d
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)
*
Pl
u
m
b
i
n
g
,
h
e
a
t
i
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g
,
e
l
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t
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n
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a
r
t
r
a
d
e
co
n
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r
a
c
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s
*
*
FIN
A
N
C
E
Ba
n
k
s
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s
a
v
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n
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a
n
d
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a
n
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d
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o
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s
*
*
*
*
Cr
e
d
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a
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c
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a
n
d
i
n
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t
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t
u
t
i
o
n
s
*
*
*
*
Fi
n
a
n
c
e
&
I
n
s
u
r
a
n
c
e
(
S
e
c
t
o
r
5
2
)
*
*
*
In
s
u
r
a
n
c
e
c
a
r
r
i
e
r
s
a
n
d
a
g
e
n
t
s
*
*
*
*
Re
a
l
e
s
t
a
t
e
a
g
e
n
t
s
a
n
d
b
r
o
k
e
r
s
*
*
*
*
Se
c
u
r
i
t
y
a
n
d
c
o
m
m
o
d
i
t
y
b
r
o
k
e
r
s
,
a
n
d
i
n
v
e
s
t
m
e
n
t
of
f
i
c
e
s
*
*
*
*
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E
R
N
M
E
N
T
USE
S
Go
v
e
r
n
m
e
n
t
a
l
f
a
c
i
l
i
t
i
e
s
a
n
d
o
f
f
i
c
e
b
u
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l
d
i
n
g
s
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n
c
l
u
d
i
n
g
s
o
l
i
d
w
a
s
t
e
c
o
l
l
e
c
t
i
o
n
c
e
n
t
e
r
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
a
n
d
f
i
r
e
st
a
t
i
o
n
s
,
r
e
s
c
u
e
s
q
u
a
d
s
,
a
n
d
v
o
l
u
n
t
e
e
r
f
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r
e
de
p
a
r
t
m
e
n
t
s
)
*
*
*
*
*
*
*
* *
179
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 5-14
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
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R
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ENO
ED
D
HIL
L
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O
R
O
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G
H
EDD
ED
B
-
1
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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
)
No
t
e
:
T
h
e
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
u
t
i
l
i
z
e
s
S
e
c
t
o
r
N
u
m
b
e
r
s
a
s
D
e
f
i
n
e
d
i
n
th
e
N
o
r
t
h
A
m
e
r
i
c
a
n
I
n
d
u
s
t
r
y
C
l
a
ss
i
f
i
c
a
t
i
o
n
S
y
s
t
e
m
(
N
A
I
C
S
)
,
2
0
1
2
V
e
r
s
i
o
n
Pa
r
k
s
,
p
u
b
l
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c
a
n
d
n
o
n
-
p
r
o
f
i
t
*
*
*
*
*
*
*
* *
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
)
*
INF
O
R
M
A
T
I
O
N
In
f
o
r
m
a
t
i
o
n
(
S
e
c
t
o
r
5
1
)
*
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
Ma
n
u
f
a
c
t
u
r
i
n
g
(
S
e
c
t
o
r
3
1
-
3
3
)
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H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
on
l
y
;
a
l
l
a
c
t
i
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t
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s
m
u
s
t
b
e
w
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l
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t
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n
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d
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El
e
c
t
r
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c
E
q
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m
e
n
t
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s
e
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l
i
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i
n
g
b
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l
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w
)
•
C
o
m
m
u
n
i
c
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t
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n
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q
u
i
p
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t
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l
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d
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q
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*
*
•
E
l
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c
t
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c
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r
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s
m
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s
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o
n
a
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d
d
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s
t
r
i
b
u
t
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n
*
*
•
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l
e
c
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r
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c
a
l
i
n
d
u
s
t
r
i
a
l
a
p
p
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t
u
s
*
*
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l
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c
t
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n
i
c
c
o
m
p
o
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e
n
t
s
a
n
d
a
c
c
e
s
s
o
r
i
e
s
*
*
•
H
o
u
s
e
h
o
l
d
a
p
p
l
i
a
n
c
e
s
*
*
•
R
a
d
i
o
a
n
d
t
e
l
e
v
i
s
i
o
n
r
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c
e
i
v
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n
g
e
q
u
i
p
m
e
n
t
*
*
Fa
b
r
i
c
a
t
e
d
M
e
t
a
l
P
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o
d
u
c
t
s
(
s
e
e
l
i
s
t
i
n
g
b
e
l
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w
)
•
C
u
t
l
e
r
y
a
n
d
h
a
n
d
t
o
o
l
s
*
*
•
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a
b
r
i
c
a
t
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d
s
t
r
u
c
t
u
r
a
l
m
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t
a
l
p
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o
d
u
c
t
s
*
*
•
H
e
a
t
i
n
g
e
q
u
i
p
m
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n
t
,
e
x
c
e
p
t
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l
e
c
t
r
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c
a
n
d
wa
r
m
a
i
r
;
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n
d
p
l
u
m
b
i
n
g
f
i
x
t
u
r
e
*
*
•
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e
t
a
l
c
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n
s
a
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d
s
h
i
p
p
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g
c
o
n
t
a
i
n
e
r
s
*
*
•
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u
t
s
,
b
o
l
t
s
,
s
c
r
e
w
s
,
r
i
v
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t
s
,
a
n
d
w
a
s
h
e
r
s
*
*
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o
d
P
r
o
d
u
c
t
s
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
•
B
a
k
e
r
y
*
*
180
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 5-15
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
)
No
t
e
:
T
h
e
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
u
t
i
l
i
z
e
s
S
e
c
t
o
r
N
u
m
b
e
r
s
a
s
D
e
f
i
n
e
d
i
n
th
e
N
o
r
t
h
A
m
e
r
i
c
a
n
I
n
d
u
s
t
r
y
C
l
a
ss
i
f
i
c
a
t
i
o
n
S
y
s
t
e
m
(
N
A
I
C
S
)
,
2
0
1
2
V
e
r
s
i
o
n
•
B
o
t
t
l
i
n
g
p
l
a
n
t
s
*
*
•
D
a
i
r
y
*
*
•
M
i
s
c
e
l
l
a
n
e
o
u
s
f
o
o
d
p
r
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p
a
r
a
t
i
o
n
;
e
.
g
.
,
co
f
f
e
e
r
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a
s
t
i
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g
,
c
o
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d
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n
t
s
,
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n
f
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c
t
i
o
n
a
r
y
p
r
o
d
u
c
t
s
,
e
t
c
.
*
*
In
d
u
s
t
r
i
a
l
M
a
c
h
i
n
e
r
y
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
•
E
n
g
i
n
e
s
a
n
d
t
u
r
b
i
n
e
s
*
*
•
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a
r
m
/
g
a
r
d
e
n
m
a
c
h
i
n
e
r
y
a
n
d
e
q
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p
m
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n
t
*
*
•
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e
n
e
r
a
l
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n
d
u
s
t
r
i
a
l
m
a
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h
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n
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i
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;
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.
g
.
,
p
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r
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f
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c
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t
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m
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n
t
,
ba
l
l
a
n
d
r
o
l
l
e
r
b
e
a
r
i
n
g
s
,
e
t
c
.
*
*
•
M
e
t
a
l
w
o
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k
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n
g
m
a
c
h
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n
e
r
y
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n
d
e
q
u
i
p
m
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n
t
*
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•
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f
f
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c
e
,
c
o
m
p
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t
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n
g
,
a
n
d
a
c
c
o
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t
i
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ma
c
h
i
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s
*
*
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p
e
c
i
a
l
i
n
d
u
s
t
r
i
a
l
m
a
c
h
i
n
e
r
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;
e
.
g
.
,
t
e
x
t
i
l
e
ma
c
h
i
n
e
r
y
*
*
In
s
t
r
u
m
e
n
t
s
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
•
M
e
a
s
u
r
i
n
g
,
a
n
a
l
y
z
i
n
g
,
a
n
d
c
o
n
t
r
o
l
l
i
n
g
in
s
t
r
u
m
e
n
t
s
*
*
•
P
h
o
t
o
g
r
a
p
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c
,
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d
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c
a
l
,
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n
d
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g
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d
s
*
*
•
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a
t
c
h
e
s
a
n
d
c
l
o
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k
s
*
*
Pa
p
e
r
P
r
o
d
u
c
t
s
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
•
C
o
n
v
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r
t
e
d
p
a
p
e
r
a
n
d
p
a
p
e
r
b
o
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r
d
pr
o
d
u
c
t
s
*
*
•
P
a
p
e
r
b
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a
r
d
c
o
n
t
a
i
n
e
r
s
a
n
d
b
o
x
e
s
*
*
Fu
r
n
i
t
u
r
e
a
n
d
F
i
x
t
u
r
e
s
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
•
H
o
u
s
e
h
o
l
d
a
n
d
o
f
f
i
c
e
f
u
r
n
i
t
u
r
e
*
*
181
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 5-16
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
)
No
t
e
:
T
h
e
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
u
t
i
l
i
z
e
s
S
e
c
t
o
r
N
u
m
b
e
r
s
a
s
D
e
f
i
n
e
d
i
n
th
e
N
o
r
t
h
A
m
e
r
i
c
a
n
I
n
d
u
s
t
r
y
C
l
a
ss
i
f
i
c
a
t
i
o
n
S
y
s
t
e
m
(
N
A
I
C
S
)
,
2
0
1
2
V
e
r
s
i
o
n
•
M
i
s
c
e
l
l
a
n
e
o
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s
f
u
r
n
i
t
u
r
e
a
n
d
f
i
x
t
u
r
e
s
*
*
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
a
n
d
P
u
b
l
i
s
h
i
n
g
E
s
t
a
b
l
i
s
h
m
e
n
t
s
*
*
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b
b
e
r
a
n
d
P
l
a
s
t
i
c
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o
d
u
c
t
s
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i
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i
s
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.
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a
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a
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a
l
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u
b
b
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o
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l
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P
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c
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s
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s
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li
s
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u
t
s
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p
r
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d
u
c
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C#
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l
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l
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l
a
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a
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l
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w
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r
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o
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r
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c
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a
n
s
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q
u
i
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m
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n
t
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l
i
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i
n
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i
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p
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g
.
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i
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o
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s
*
*
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M
o
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r
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y
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a
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g
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u
t
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n
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p
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a
n
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p
p
l
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e
s
*
*
182
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
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N
G
& CLASS A SUP)
USE
TYP
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U
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e
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U
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y
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Fa
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s
t
a
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r
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n
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s
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c
a
r
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n
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a
l
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*
183
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 5-18
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
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S
S
B SPE
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I
A
L
USE
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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
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I
N
G
DIS
T
R
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C
T
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1
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t
l
a
s
a
s
“
Z
o
n
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n
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D
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s
t
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c
t
”
–
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U
(
e
.
g
.
,
E
D
B
-
2
-
C
U
)
No
t
e
:
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h
e
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
u
t
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i
z
e
s
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c
t
o
r
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m
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s
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f
i
n
e
d
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n
th
e
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o
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t
h
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m
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n
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n
d
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s
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f
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y
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t
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S
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2
0
1
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V
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r
s
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s
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r
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n
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a
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4
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4
5
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l
l
co
n
s
i
s
t
i
n
g
o
f
m
u
l
t
i
p
l
e
u
s
e
s
.
*
*
*
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V
I
C
E
S
Ac
c
o
m
m
o
d
a
t
i
o
n
a
n
d
F
o
o
d
S
e
r
v
i
c
e
(
S
e
c
t
o
r
7
2
)
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a
t
i
n
g
a
n
d
d
r
i
n
k
i
n
g
e
s
t
a
b
l
i
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h
m
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n
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a
r
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t
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l
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a
s
a
c
c
e
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s
o
r
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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
;
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
o
n
l
y
)
*
*
Ad
m
i
n
i
s
t
r
a
t
i
v
e
&
S
u
p
p
o
r
t
S
e
r
v
i
c
e
s
(
S
e
c
t
o
r
5
6
1
)
*
*
*
*
Ar
t
/
p
h
o
t
o
g
r
a
p
h
i
c
s
t
u
d
i
o
s
*
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*
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s
e
m
b
l
y
f
a
c
i
l
i
t
y
-
3
0
0
o
r
m
o
r
e
p
e
r
s
o
n
c
a
p
a
c
i
t
y
C#
*
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s
e
m
b
l
y
f
a
c
i
l
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y
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l
e
s
s
t
h
a
n
3
0
0
p
e
r
s
o
n
c
a
p
a
c
i
t
y
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*
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a
u
t
y
a
n
d
b
a
r
b
e
r
s
h
o
p
s
*
*
*
*
Ch
u
r
c
h
e
s
*
*
*
*
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u
b
s
a
n
d
l
o
d
g
e
s
,
a
n
d
s
o
c
i
a
l
,
f
r
a
t
e
r
n
a
l
,
a
n
d
u
n
i
o
n
cl
u
b
h
o
u
s
e
s
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C#
C#
C#
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m
m
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n
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t
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e
n
t
e
r
A
A
A
A
Da
y
c
a
r
e
f
a
c
i
l
i
t
y
B
B
*
*
184
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 5-19
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
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K
H
O
R
N
ED
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ENO
ED
D
HIL
L
S
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R
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G
H
EDD
ED
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-
1
ED
B
-
2
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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
)
No
t
e
:
T
h
e
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
u
t
i
l
i
z
e
s
S
e
c
t
o
r
N
u
m
b
e
r
s
a
s
D
e
f
i
n
e
d
i
n
th
e
N
o
r
t
h
A
m
e
r
i
c
a
n
I
n
d
u
s
t
r
y
C
l
a
ss
i
f
i
c
a
t
i
o
n
S
y
s
t
e
m
(
N
A
I
C
S
)
,
2
0
1
2
V
e
r
s
i
o
n
Ed
u
c
a
t
i
o
n
a
l
S
e
r
v
i
c
e
s
(
S
e
c
t
o
r
6
1
)
Fu
n
e
r
a
l
h
o
m
e
s
C#
C#
*
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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
*
*
He
a
l
t
h
C
a
r
e
&
S
o
c
i
a
l
A
s
s
i
s
t
a
n
c
e
(
S
e
c
t
o
r
6
2
)
*
*
*
*
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a
l
t
h
s
e
r
v
i
c
e
s
,
i
n
c
l
u
d
i
n
g
d
o
c
t
o
r
s
a
n
d
d
e
n
t
i
s
t
s
of
f
i
c
e
s
,
a
n
d
m
e
d
i
c
a
l
a
n
d
d
e
n
t
a
l
l
a
b
o
r
a
t
o
r
i
e
s
*
*
*
*
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t
e
l
s
a
n
d
m
o
t
e
l
s
*
C#
*
*
*
*
In
d
o
o
r
t
h
e
a
t
e
r
s
*
C#
*
*
*
*
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r
g
e
d
a
y
c
a
r
e
h
o
m
e
B
*
*
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u
n
d
r
y
,
d
r
y
c
l
e
a
n
i
n
g
,
a
n
d
s
h
o
e
r
e
p
a
i
r
s
e
r
v
i
c
e
s
*
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*
*
Li
b
r
a
r
i
e
s
*
C#
*
*
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
53
)
*
*
*
*
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t
o
r
v
e
h
i
c
l
e
m
a
i
n
t
e
n
a
n
c
e
a
n
d
r
e
p
a
i
r
(
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o
d
y
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o
p
)
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h
e
r
o
f
f
i
c
e
s
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n
d
p
e
r
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n
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l
s
e
r
v
i
c
e
s
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e
.
g
.
,
at
t
o
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n
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y
s
,
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a
t
c
h
a
n
d
j
e
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e
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r
y
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e
p
a
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r
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c
o
m
p
u
t
e
r
pr
o
g
r
a
m
m
i
n
g
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n
d
d
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t
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p
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n
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m
p
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n
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d
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v
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l
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g
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s
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d
v
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r
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i
s
i
n
g
a
g
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n
c
i
e
s
,
a
n
d
ac
c
o
u
n
t
i
n
g
,
e
n
g
i
n
e
e
r
i
n
g
,
a
r
c
h
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t
e
c
t
u
r
a
l
,
a
n
d
su
r
v
e
y
i
n
g
o
f
f
i
c
e
s
*
*
*
*
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
c
r
e
a
t
i
o
n
a
l
f
a
c
i
l
i
t
i
e
s
B
*
B
*
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p
a
i
r
s
e
r
v
i
c
e
,
e
l
e
c
t
r
o
n
i
c
a
n
d
a
p
p
l
i
a
n
c
e
C#
C#
*
*
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s
e
a
r
c
h
f
a
c
i
l
i
t
y
*
*
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h
o
o
l
s
,
d
a
n
c
e
,
a
r
t
,
a
n
d
m
u
s
i
c
*
C#
*
*
185
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 5-20
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
)
No
t
e
:
T
h
e
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
u
t
i
l
i
z
e
s
S
e
c
t
o
r
N
u
m
b
e
r
s
a
s
D
e
f
i
n
e
d
i
n
th
e
N
o
r
t
h
A
m
e
r
i
c
a
n
I
n
d
u
s
t
r
y
C
l
a
ss
i
f
i
c
a
t
i
o
n
S
y
s
t
e
m
(
N
A
I
C
S
)
,
2
0
1
2
V
e
r
s
i
o
n
Sc
h
o
o
l
s
,
e
l
e
m
e
n
t
a
r
y
,
m
i
d
d
l
e
,
a
n
d
h
i
g
h
A
A
*
Sc
h
o
o
l
s
,
v
o
c
a
t
i
o
n
a
l
C#
C#
*
Ot
h
e
r
S
e
r
v
i
c
e
s
(
H
i
l
l
s
b
o
r
o
u
g
h
E
D
D
o
n
l
y
)
*
*
*
TRA
N
S
P
O
R
T
A
T
I
O
N
Bu
s
t
e
r
m
i
n
a
l
s
a
n
d
g
a
r
a
g
e
s
C#
*
Po
s
t
a
l
a
n
d
p
a
r
c
e
l
d
e
l
i
v
e
r
y
s
e
r
v
i
c
e
s
*
*
Ra
i
l
/
b
u
s
p
a
s
s
e
n
g
e
r
s
h
e
l
t
e
r
*
*
*
*
*
Su
r
f
a
c
e
a
n
d
s
t
r
u
c
t
u
r
e
p
a
r
ki
n
g
a
s
p
r
i
n
c
i
p
a
l
u
s
e
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h
e
n
a
s
s
o
c
i
a
t
e
d
w
i
t
h
a
l
o
c
a
l
o
r
r
e
g
i
o
n
a
l
tr
a
n
s
p
o
r
t
a
t
i
o
n
g
o
a
l
s
u
c
h
a
s
m
a
s
s
t
r
a
n
s
i
t
o
r
p
a
r
k
-
an
d
-
r
i
d
e
)
*
*
*
Tr
a
n
s
p
o
r
t
a
t
i
o
n
a
n
d
W
a
r
e
h
o
u
s
i
n
g
(
S
e
c
t
o
r
4
8
,
4
9
)
*
WHO
L
E
S
A
L
E
TRA
D
E
Wh
o
l
e
s
a
l
e
T
r
a
d
e
(
S
e
c
t
o
r
4
2
)
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r
a
b
l
e
G
o
o
d
s
(
s
e
e
l
i
s
t
i
n
g
b
e
l
o
w
)
*
•
A
u
t
o
m
o
t
i
v
e
p
a
r
t
s
a
n
d
s
u
p
p
l
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e
s
(
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n
a
n
en
c
l
o
s
e
d
b
u
i
l
d
i
n
g
)
*
*
•
E
l
e
c
t
r
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c
a
l
g
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o
d
s
*
*
•
F
u
r
n
i
t
u
r
e
a
n
d
h
o
m
e
f
u
r
n
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s
h
i
n
g
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*
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a
r
d
w
a
r
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,
p
l
u
m
b
i
n
g
,
a
n
d
h
e
a
t
i
n
g
eq
u
i
p
m
e
n
t
a
n
d
s
u
p
p
l
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e
s
*
*
•
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u
m
b
e
r
a
n
d
o
t
h
e
r
c
o
n
s
t
r
u
c
t
i
o
n
m
a
t
e
r
i
a
l
s
*
*
•
M
a
c
h
i
n
e
r
y
,
e
q
u
i
p
m
e
n
t
,
a
n
d
s
u
p
p
l
i
e
s
*
*
•
S
p
o
r
t
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a
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l
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o
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s
(
s
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)
186
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
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d
U
s
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s
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n
g
e
C
o
u
n
t
y
,
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o
r
t
h
C
a
r
o
l
i
n
a
–
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n
i
f
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d
D
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v
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l
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p
m
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t
O
r
d
i
n
a
n
c
e
Page 5-21
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
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N
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DIS
T
R
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C
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* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
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S
S
B SPE
C
I
A
L
USE
C = CON
D
I
T
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(RE
Z
O
N
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N
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& CLASS A SUP)
USE
TYP
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187
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
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r
m
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d
U
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f
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d
D
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v
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t
O
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d
i
n
a
n
c
e
Page 5-22
5.
2
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3
Ta
b
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PER
M
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D
USE
S
– CON
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188
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
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t
t
e
d
U
s
e
s
Or
a
n
g
e
C
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u
n
t
y
,
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C
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r
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n
a
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n
i
f
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d
D
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v
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p
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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
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T
I
O
N
A
L
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N
G
DIS
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R
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C
T
S
* = PER
M
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D
USE
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TYP
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CON
D
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u
t
i
o
n
s
*
Be
a
u
t
y
&
B
a
r
b
e
r
S
h
o
p
s
*
*
Co
n
s
t
r
u
c
t
i
o
n
(
S
e
c
t
o
r
2
3
)
*
Co
n
t
r
a
c
t
o
r
s
,
B
u
i
l
d
i
n
g
&
T
r
a
d
e
*
*
Co
u
n
t
r
y
S
t
o
r
e
*
*
Fi
n
a
n
c
e
&
I
n
s
u
r
a
n
c
e
(
S
e
c
t
o
r
5
2
)
*
Fu
n
e
r
a
l
H
o
m
e
s
*
Ga
r
d
e
n
C
e
n
t
e
r
w
i
t
h
O
n
P
r
e
m
i
s
e
s
S
a
l
e
s
*
*
Ho
t
e
l
s
&
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o
t
e
l
s
*
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s
u
r
a
n
c
e
C
a
r
r
i
e
r
s
&
A
g
e
n
t
s
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n
k
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a
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l
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l
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n
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e
l
s
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C
l
a
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I
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u
n
d
r
y
&
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r
y
C
l
e
a
n
i
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g
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e
r
v
i
c
e
s
*
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n
a
g
e
m
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n
t
o
f
C
o
m
p
a
n
i
e
s
&
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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
^
*
*
189
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
HP
-
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
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c
t
s
mu
s
t
l
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t
s
p
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c
i
f
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c
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s
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fo
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
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s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
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v
e
d
o
n
p
a
r
c
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l
s
l
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c
a
t
e
d
i
n
t
h
e
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u
r
a
l
B
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ff
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r
l
a
n
d
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l
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s
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i
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n
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a
s
d
e
s
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g
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t
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d
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a
d
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eh
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l
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n
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g
h
t
c
l
u
b
s
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B
a
r
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s
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Of
f
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&
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e
r
s
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n
a
l
S
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r
v
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c
e
s
,
C
l
a
s
s
1
*
*
Of
f
i
c
e
s
&
P
e
r
s
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n
a
l
S
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r
v
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c
e
s
,
C
l
a
s
s
2
*
Of
f
i
c
e
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&
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e
r
s
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n
a
l
S
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r
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c
e
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C
l
a
s
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3
*
Pr
o
f
e
s
s
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o
n
a
l
,
S
c
i
e
n
t
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f
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c
&
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e
c
h
n
i
c
a
l
S
e
r
v
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s
(
S
e
c
t
o
r
5
4
)
*
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a
l
E
s
t
a
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e
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g
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n
t
s
&
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r
o
k
e
r
s
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Re
p
a
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r
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e
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v
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c
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l
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t
r
o
n
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c
&
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p
p
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a
n
c
e
*
Re
s
t
a
u
r
a
n
t
s
:
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a
r
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y
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u
t
*
Re
s
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a
u
r
a
n
t
s
:
D
r
i
v
e
I
n
*
Re
s
t
a
u
r
a
n
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s
:
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e
n
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r
a
l
*
Re
t
a
i
l
,
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l
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s
s
1
*
Re
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a
i
l
,
C
l
a
s
s
2
*
Re
t
a
i
l
,
C
l
a
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s
3
*
Ru
r
a
l
G
u
e
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E
s
t
a
b
l
i
s
h
m
e
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t
:
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e
d
&
B
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a
k
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r
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l
G
u
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t
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d
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a
k
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r
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:
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t
r
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I
n
n
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St
o
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f
G
o
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d
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u
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d
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r
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*
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o
r
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n
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u
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u
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o
(
A
r
t
)
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x
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r
m
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e
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d
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n
c
l
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r
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v
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n
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)
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To
u
r
i
s
t
H
o
m
e
Wh
o
l
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s
a
l
e
T
r
a
d
e
*
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n
e
r
y
w
i
t
h
M
i
n
o
r
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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
^
*
*
190
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
HP
-
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
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c
t
s
mu
s
t
l
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s
t
s
p
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c
i
f
i
c
u
s
e
s
fo
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
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p
p
r
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v
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l
^:
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s
e
s
h
a
l
l
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a
p
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v
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d
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p
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r
c
e
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s
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c
a
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d
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n
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r
a
l
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u
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r
l
a
n
d
u
s
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c
l
a
s
s
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f
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t
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o
n
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a
s
d
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s
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n
a
t
e
d
b
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e
a
d
o
p
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e
d
C
o
m
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eh
e
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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
&
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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
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t
e
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t
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v
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S
e
r
v
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e
s
(
P
o
l
i
c
e
&
F
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r
e
S
t
a
t
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o
n
s
)
R
e
s
c
u
e
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u
a
d
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,
V
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p
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s
*
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l
i
t
a
r
y
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n
s
t
a
l
l
a
t
i
o
n
s
(
N
a
t
i
on
a
l
G
u
a
r
d
&
R
e
s
e
r
v
e
A
r
m
o
r
y
)
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b
l
i
c
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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
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s
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m
b
l
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t
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d
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d
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n
u
f
a
c
t
u
r
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n
g
(
S
e
c
t
o
r
3
1
-
3
3
)
*
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c
r
o
b
r
e
w
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r
y
,
p
r
o
d
u
c
t
i
o
n
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*
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a
r
m
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d
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c
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s
*
Pr
i
n
t
i
n
g
&
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i
t
h
o
g
r
a
p
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y
*
Sa
w
m
i
l
l
s
^
*
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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
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c
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:
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v
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r
1
0
,
0
0
0
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q
.
F
t
.
*
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a
l
t
h
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v
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0
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q
.
F
t
*
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s
p
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t
a
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t
e
r
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n
a
r
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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
*
*
191
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
HP
-
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
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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
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r
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o
s
p
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A
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n
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t
&
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c
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c
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o
r
7
1
)
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r
b
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c
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a
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;
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o
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l
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w
o
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a
m
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m
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)
*
*
192
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
,
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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
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CON
D
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N
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L
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DIS
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AS
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MP
D
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HP
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m
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l
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r
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a
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a
c
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So
l
a
r
A
r
r
a
y
–
P
u
b
l
i
c
U
t
i
l
i
t
y
*
*
193
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-28
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
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N
G
DIS
T
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C
T
S
AS
E
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Z
MP
D
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C
Z
HP
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Z
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NO
T
E
:
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p
p
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c
a
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d
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l
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fo
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n
s
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r
a
t
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n
/
a
p
p
r
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v
a
l
^:
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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
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c
l
a
s
s
i
f
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c
a
t
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o
n
,
a
s
d
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s
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t
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d
b
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a
d
o
p
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d
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o
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p
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eh
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n
s
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v
e
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l
a
n
.
WAS
T
E
MAN
A
G
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M
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T
La
n
d
f
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s
(
2
A
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r
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r
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)
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n
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f
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(
L
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T
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a
n
2
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s
t
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a
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;
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a
z
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r
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s
&
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o
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c
MIS
C
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Ac
c
e
s
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s
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r
p
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e
n
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b
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r
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a
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3
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s
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Ch
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h
*
*
Cl
u
b
s
o
r
L
o
d
g
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s
;
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o
c
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a
l
;
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r
a
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a
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n
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b
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Co
m
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a
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s
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o
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-
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/
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d
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*
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In
f
o
r
m
a
t
i
o
n
(
S
e
c
t
o
r
5
1
)
*
Re
s
e
a
r
c
h
F
a
c
i
l
i
t
y
*
Re
s
e
a
r
c
h
L
a
n
d
s
&
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n
s
t
a
l
l
a
t
i
o
n
s
,
N
o
n
-
p
r
o
f
i
t
*
Ru
r
a
l
H
e
r
i
t
a
g
e
M
u
s
e
u
m
*
Ru
r
a
l
S
p
e
c
i
a
l
E
v
e
n
t
s
*
*
194
Article 5: Uses
Section 5.3: Application of Use Standards
Orange County, North Carolina – Unified Development Ordinance Page 5-29
SECTION 5.3: APPLICATION OF USE STANDARDS
5.3.1 In General
In addition to the general standards applied to uses in each zoning district and in accordance with
the Table of Permitted Uses, Sections 5.4 through 5.17this section establishes additional
submittal requirements and standards of evaluation for specific Permitted Uses, Special Uses,
Conditional Uses, and uses permitted in Conditional Zoning Districts.8
5.3.2 Special Uses
(A) General Standards
Before any application for a Special Use Permit shall be approved:
(1) The applicant shall have the burden of establishing, by competent material and
substantial evidence, in the form of testimony, exhibits, documents, models,
plans and other materials, that the application meets the requirements for
approval of a Special Use; and
(2) The Board of County Commissioners or Board of Adjustment shall make written
findings certifying compliance with the specific rules governing such individual
Special Use and that the use, which is listed as a Special Use in the district in
which it is proposed to be located, complies with all required regulations and
standards including the following general conditions:
(a) The use will maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated
according to the plan as submitted;
(b) The use will maintain or enhance the value of contiguous property
(unless the use is a public necessity, in which case the use need not
maintain or enhance the value of contiguous property); and
(c) The location and character of the use, if developed according to the plan
submitted, will be in harmony with the area in which it is to be located
and the use is in compliance with the plan for the physical development
of the County as embodied in these regulations or in the Comprehensive
Plan, or portion thereof, adopted by the Board of County Commissioners.
(B) Specific Standards
In addition to the general standards stated in Section 5.3.2(A), the following specific
standards shall be addressed by the applicant before the issuance of a Special Use
Permit:
(1) Method and adequacy of provision of sewage disposal facilities, solid waste, and
water.
(2) Method and adequacy of police, fire and rescue squad protection.
(3) Method and adequacy of vehicular access to the site and traffic conditions
around the site.
(4) Other use specific standards as set forth herein.
(C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD
8 Eliminating references to specific sections. Amendments adding new standards or new sections will require
constant update to this provision. Staff believes we do not have to specifically identify the sections containing
these additional submittal and/or evaluation criteria but merely reference same exists.
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Section 5.4: Standards for Temporary Uses
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(a) The lot shall contain a minimum of five acres and shall be adequate to
accommodate all proposed activities, including safe vehicular and
pedestrian circulation, and the maximum number of participants for any
single event.
(b) The maximum number of participants at any given time at any event
shall be 150 persons.
(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 or Temporary Residential Unit
(A) General Standards of Evaluation
A Residential Mobile Homes or a Temporary Residential Unit may be permitted as a
temporary use during construction in accordance with the following:
(1) The property owner shall reside in the temporary residential mobile home the unit
during construction of a new residence or the renovation of an existing residence
on the same lot.
(2) Prior to placement of the temporary residential mobile homeunit on-site all
applicable state and local approvals and permits shall be procured, including but
not limited to a zoning compliance permit, building permits, and health
department approval.
(3) The temporary residential mobile homeunit must shall be removed within 90 days
of receipt of the certificate of occupancy compliance for the on-site residence.
5.4.5 Buildings for Temporary Use
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Site plan showing all existing and proposed structures on the site,
existing and proposed topography at a contour interval of five feet,
existing and proposed landscaping, parking areas, access points, any
officially designated flood plains, and other site details.
(b) A description of the exterior materials, color and construction details.
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(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.
(2) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(3) The efficiency unit shall contain no more than 1,000 square feet of gross floor
area with a maximum limit of 800 square feet of heated/cooled habitable living
space.
(4) The residential lot shall meet all dimensional requirements of the zoning district in
which it is located.
(5) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(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
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(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
sales and do not include nonresident employees located onsite,
signage, or onsite students, customers, and/or clients do not
require a home occupation permit.
(iii) Uses Not Permitted
a. Except for the office component of the business
operation, the following activities are explicitly prohibited
as home occupations:
i. Automotive repair,
ii. Automotive service,
iii. Automotive detailing,
iv. Body shop, and
v. Hauling.
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(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.
(b) If structural alterations to existing structures or new construction is
required, a complete description of the nature and extent of these
alterations or new construction.
(2) Standards of Evaluation –
(a) The proposed use is not within 500 feet of another existing Family Care
Facility or Group Care Facility.
(b) Structural alterations shall be of such a nature as to preserve the
residential character of the building.
(c) If a state license or permit is required to operate such a facility, the
standards necessary to qualify for such a permit have been met.
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5.5.8 Residential Hotel, Dormitory, Fraternity, Sorority, and Religious Quarters
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the type facility planned, the number of occupants, and
the development schedule.
(b) A site plan showing existing and proposed contours. Proposed
buildings, parking, access, service, recreation, landscaped and screened
areas.
(c) Other criteria as set forth in sections 6.2.11 and 6.3.
(d) A statement concerning the provision of public services which shall
include fire, police and rescue protection.
(2) Standards of Evaluation –
(a) Adequate parking, access and service areas are provided for the site.
(b) Parking, service areas and buildings are adequately screened from
adjacent residential uses.
(c) Improved recreational facilities are provided for occupants.
(d) Other criteria as set forth in sections 6.2.11 and 6.3.
(e) Letters from public service agencies attesting to the adequacy of the
provision of public services such as fire, police and rescue.
5.5.9 Temporary Custodial Care Units
(A) General Standards
(1) Submittal Requirements
In addition to the information required by Section 2.4, Zoning Compliance
Permits, the following information shall be supplied as part of the application for
approval of this use:
(a) Certification in writing from a licensed physician stating the necessity of
direct care for a mentally or physically impaired person who requires
assistance with two or more activities of daily living.
(B) Standards of Evaluation
(a) An existing single family residential dwelling unit must be located on the
same parcel as the temporary custodial care unit. Temporary custodial
care units shall be classified as an accessory use to a single family
detached dwelling unit.
(b) No more than one temporary custodial care unit per lot shall be
permitted.
(c) The temporary custodial care unit must meet setback standards where
located and shall not be located in any required front yard open space.
(d) Occupancy of a temporary custodial care unit shall be limited to no more
than two persons, with at least one of whom is mentally or physically
impaired and requires assistance with two or more activities of daily
living.
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(e) A temporary custodial care unit shall be required to connect to water,
wastewater, and electric utilities serving the principal structure on the
property.
(f) The Orange County Health Department, or the agency that provides
sanitary sewer and water services, shall approve water and wastewater
disposal facilities.
(g) All applicable state and local approvals and permits shall be procured
including, but not limited to, a zoning compliance permit, building
permits, and health department approval.
(h) Approval of the application shall not exceed one year. Annual renewal
shall require a new application and recertification from a licensed
physician stating the necessity of direct care.
(i) Any approved temporary custodial care unit shall be removed no later
than 180 days after the time the mentally or physically impaired
person(s) is no longer receiving care or is in need of assistance. If the
structure is needed for a different impaired person, the temporary
custodial care unit may continue to be used, subject to the requirements
of this Ordinance.
(j) The caregiver shall allow inspections of the property by the County at
times convenient to the caregiver, during reasonable hours, and upon
prior notice for compliance purposes.
(k) A permit for a temporary custodial care unit may be revoked by the
Planning Director due to failure of the applicant to comply with any of the
above provisions.
5.5.10 Multi-Family
(A) Standards for EDH-3 and EDH-4 Zoning Districts
(1) Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in
accordance with the following standards:
(a) The site plan must identify the square footage of each building by type of
use.
(b) A permitted Principal Use must be established on at least 50% of the
total square footage of structures on the site.
(c) Multi-family dwellings shall not exceed 25% of the total square footage of
all structures on the site.
SECTION 5.6: STANDARDS FOR COMMERCIAL SERVICE USES
5.6.1 Cemetery
(A) General Standards for all Cemetery uses:
(1) No internments shall take place within 30 feet of any lot property line.9
5.6.1(B) Standards for Family Cemeteries10
(1) Minimum lot size for a parcel to establish a family cemetery shall be 3 acres.
9 An existing standard we are recommending be applied to all internments regardless of their location (i.e.
commercial, family, religious facility, etc.)
10 Staff is recommending creating a distinction for family cemeteries from commercial cemeteries to ensure we are
not creating unnecessary impediments on the establishment of same. Staff is also recommending establishing
reasonable regulation(s) to ensure the cemetery is properly denoted on the parcel and perpetual access
rights/maintenance responsibilities are established in the event the property is sold.
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The actual area of the property intended for theuse as a family cemetery
internment of human remains shall not exceed 40,00020,000 square feet of land
area.
(2) Only members of the property owner’s family can be interred consistent with the
definition of Family as contained within this Ordinance.
(3) ProeprtyProperty owner shall be required to prepare documents outlining the
location of the cemetery and access and maintenance responsibilities for
recordation onwithin the Orange County Registrar of Deeds Office.
Abandonment/discontinuation of a family cemetery shall be completed in
accordaince with the requirements of the North Carolina General Statutes
Chapter 65.
(C) Standards for Commercial Cemeteries
(A)(1) Standards for Class B Special Use Permit Shall only be permitted through the
submittal of a Class B Special Use Permit in accordance with Section 2.7 of this
Ordinance.
(1)(2) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) Evidence that the requirements of the North Carolina General Statutes
Chapter 65 can be achieved and that the standards of the N.C,
Cemetery Commission shall be met.
(2)(3) Standards of Evaluation
(a) A minimum lot size of two acres is provided.
(b) The site shall have direct access to a collector or arterial street
(c) There shall be adequate space within the site for the parking and
maneuvering of funeral cartilages.
(d) No interments shall take place within 30 feet of any lot line.11
5.6.2 Community Center 12
(B)(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 exact type of facility planned, the size of the building,
the number of participants; a signed statement from the owners or
operators that the facility will be operated by a non-profit organization.
(b) A site plan showing the location of the existing and proposed buildings,
access points, parking, service areas, and outdoor recreation areas.
(c) Building plans for all existing or proposed structures.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and any other landscape
materials.
(2) Standards of Evaluation
11 Requirement moved to Section 5.6.1 (A) (1) of this Ordinance.
12 An existing land use moved from the Miscellaneous land use category. Standards are not being modified so are
not be denoted as a ‘text change’.
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(a) Lot size shall be adequate for the method of sewage disposal, and for
the other improvements proposed or required.
(b) The site plan shall show the boundaries of the site, the distances to the
nearest residential structures, access points, parking areas, service area,
location of proposed existing buildings.
(c) The landscape plan shall be at the same scale as the site plan and
should show how the facilities will be screened from the adjacent
properties, in addition, to proposed or existing trees, shrubs, and ground
cover.
(d) Elevations of buildings should show that the buildings preserve the
residential character of the area.
5.6.25.6.3 Nightclubs, Bars and Pubs
(A) General Standards for of Evaluation
(1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a
residence.
5.6.35.6.4 Massage Business
(A) General Standards for of Evaluation
(1) Must comply with the Ordinance for the Control of Massage and Massage
Establishments
(2) The submittal of construction plans for all existing and proposed buildings
housing the massage business. The construction plans 13shall include floor
plans and cross sections showing the proposed use of all portions of such
buildings.
(3) For existing buildings, certification by the Orange County Building Inspector that
the structure(s) complies with the North Carolina Building Code and all related
construction codes.
5.6.5 Funeral Home
(A) Standards for the CC-3 and GC-4 Zoning Districts14
(1) On-site crematoria facilities shall be prohibited.
(B) Standards for the I-1 and I-2 Zoninig Districts
(1) On-site crematoria facilities shall be permitted.
5.6.6 Garden Center15
(B)(A) General Standards for of Evaluation
(1) Outdoor display and storage of goods will shall be permitted.
(2) Outdoor storage of bulk goods shall be located to the rear or side of the primary
building and screened on three sides by an eight foot high opaque wall or fence.
(3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of
the zoning lot.
13 Eliminating redundant language.
14 Staff has received inquiries
15 Staff is correcting a typo. The Current UDO has the term ‘Garden Center’ listed within the Massage Business
land use category within Section 5.6.2 (A) (3). The amendment corrects for the error and lists the land use
properly.
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(4) Rental of garden equipment and materials shall be permitted.
5.6.45.6.7 Junkyards/Salvage Yards16
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Detailed plans and specifications for the site screening proposed.
(b) Description of type and number of motorized machines to be employed
upon site.
(c) Indicate on the site plan the extent of area to be used for the storage of
junked or wrecked motor vehicles
(2) Standards for of Evaluation -
(a) The site shall be screened from adjacent property by a minimum of an
eight foot high solid fence or equal, uninterrupted located along the
property line except for required vehicle access points.17
(a)(b) A Type D Land Use Buffer shall be installed outside of the fenced area in
accordance with the provisions of Section 6.8.6 of this Ordinance.18
(c) No materials shall be stored closer than 50 feet to the public right of way
or 30 feet to the property lines.
(b)(d) No crushing and/or dismanteling of vehicles shall occur within 100 feet of
any property line.19
(c) Documentation shall be provided outlining the proposed collection,
storage, and disposal of vehicle fluids (i.e. oil, gas, lubricants, anti-
freeze, etc.) and that said plan complies with applicable local, State, and
Federal regulations.
(d)(e) Site is of adequate size to protect adjacent properties from adverse
effects of the junkyard.
5.6.55.6.8 Kennels (Class II)
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements –
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Plans for all kennels, exercise yards, dog runs, pens and related
improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation –
16 Staff is adding the term ‘Salvage’ yard to ensure consistency with the merged tables of permitted land uses.
17 Eliminating unnecessary and confusion language.
18 Staff has received numerous suggestions over the years that a land use buffer should also be required for
junk/salvage yards. We are recommending adding language requiring same.
19 Many of the complaints we have received over the years involved the noise generated by the
dismantling/crushing of vehicles near external property boundaries. Staff is recommending adding language to
address.
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(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel.
(b) No part of any building, structure, dog run, pen, or exercise yard in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
kennel.
(i) The 150 foot setback established by this section shall not apply if
all portions of the facility, in which animals are housed, are
wholly enclosed within a building.
(ii) For Class II Kennels developed within the EDE-2 zoning district,
this setback shall not apply to dog training activities where each
dog is under the immediate control of its trainer, owner, or other
responsible individual.
(iii) For Class II Kennels developed within the EDE-2 zoning district,
all buildings, structures, dog runs, pens, or exercise yards in
which animals are housed or exercised shall observe the
principal setbacks established within Section 3.7 of the UDO in
those instances where the property abuts other EDE-2 zoned
property and US Highway 70.
(c) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height.
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
the Orange County Animal Services Department prior to issuance of any
building permits.
(g) All proposed signage shall comply with dimensional requirements as set
forth within Section 6.12.
(h) A Class II Kennel Permit shall be obtained from Orange County Animal
Services within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
5.6.65.6.9 Rural Guest Establishment: Bed & Breakfast
(A) General Standards
(1) Submittal Requirements
(a) A site plan, prepared in accordance with the requirements of Section 2.5,
containing the following: (Per Section.2.5.2 professional design and
certification is not required for Rural Guest Establishments with three
guestrooms or less—bed & breakfasts.)
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site.
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(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
(c) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
(d) The site is served by direct access to a State maintained road, or has
legal access to a public road by way of a recorded easement.
(e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
(f) The proposed use of the historic structure shall be of such a nature so as
to preserve the historic character of the site and the building.
Development of the site as proposed would have no adverse impact
beyond the building except for appropriate parking facilities. Structural
alterations of historic structures shall be of such a nature as to preserve
the historic character of the building(s) and site.
(g) Bed & Breakfast establishments shall be allowed in all protected
watersheds, and critical areas.
(h) Building plans for all building areas intended for public use shall be
reviewed and approved by the Fire Marshal and Building Inspections
Division prior to issuance of any Certificates of Occupancy.
(i) In those cases where a Certificate of Occupancy is not required, the
applicant shall schedule a site inspection with the Fire Marshal and
Building Inspections Division and submit documentation of site approval
to the Planning Department prior to commencing operation.
(j) The applicant shall be permitted to construct one sign not to exceed 16
square feet in size. Such identifying signs shall be installed with
landscaping around the base. All illumination shall be installed as
ground lighting to prevent night-time glare.
(k) On-site parking shall be provided in accordance with Section 6.9 of this
Ordinance.
(l) The site shall meet the landscaping and buffer requirements established
in Section 6.8 of this Ordinance. However, property recognized by the
state or the county as a historic site, or as containing a significant historic
structure, shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional
view of the house from the roadside.
(m) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to
NCDOT driveway permits.
5.6.75.6.10 Rural Guest Establishment: Bed & Breakfast Inn
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
(a) A site plan, prepared by an appropriately licensed professional in
accordance with the requirements of Section 2.5, containing the
following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
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(iii) Location of well and septic system.
(iv) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified; showing
an “existing tree line” is often sufficient for large lots, where the bulk of
the property remains wooded.)
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) The proposed development schedule for the site.
(h) Outdoor events (e.g. weddings, receptions, parties) or similar activities
conducted for compensation shall be permitted, only if there is sufficient
overflow parking available on site. Overflow parking does not have to be
paved or graveled but must be on a suitable (even) surface.
(i) Any bed & breakfast inn that is not located on a state maintained road
shall furnish a copy of the deed establishing the ingress/egress
easement to the County. Such documentation shall not be limited to the
easement deed, but may also include copies of road maintenance
agreements as determined by the County.
(j) Any application for a bed & breakfast inn operation that does not include
any changes to an existing structure, and therefore does not require a
Certificate of Occupancy to begin operations, shall submit documentation
from the Fire Marshal and Building Inspections Division that all areas
open to the public meet state regulations.
(k) Applicants requesting a full or partial waiver of the right-of-way land use
buffer shall submit evidence that the property is listed on the National
Historic Register recognized by the State of North Carolina or the County
of Orange as a place of historic interest. Applications incorporating
historic sites shall provide a description of how the historical style and
character of the building and/or property is to be enhanced through the
project.
(2) Standards of Evaluation
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(a) The Class B Special Use Permit, if approved, shall be valid for six years,
but may be renewed or re-approved by the Board of Adjustment after
receiving a report from the Planning Department that the use is, and has
been continuously since it was issued, in compliance with provisions of
the Special Use Permit.
(b) The Orange County Planning Department shall present its report on the
compliance of the special use no later than 90 days before the expiration
of the Special Use Permit.
(c) The Board of Adjustment shall not renew the Special Use Permit if it is
determined that the applicant has failed to comply with the conditions of
approval.
(d) If the Board of Adjustment does not renew the permit, the permit shall
become null and void upon the expiration of the time limit.
(e) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
5.6.85.6.11 Rural Guest Establishment: Country Inn
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
(a) A site plan, prepared by an appropriately licensed professional in
accordance with the requirements of Section 2.5, containing the
following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation, and parking requirements.
(ii) Location and dimensions of all on site signage.
(iii) Location of well and septic system.
(iv) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and other landscape materials.
(Landscape information is often shown on the base plan for small
projects. Each tree does not have to be individually identified; showing
an “existing tree line” is often sufficient for large lots, where the bulk of
the property remains wooded.)
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
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(j) The applicant shall be permitted to construct one sign not to exceed 16
square feet in size. Such identifying signs shall be installed with
landscaping around the base. All illumination shall be installed as
ground lighting to prevent night-time glare.
(k) On-site parking shall be provided in accordance with Section 6.9 of this
Ordinance. The Fire Marshal shall review and approve the site plan to
ensure EMS and fire truck accessibility.
(l) The site shall meet the landscaping and buffer requirements established
in Section 6.8 of this Ordinance. However, property recognized by the
state or the county as a historic site, or as containing a significant historic
structure, shall receive a full or partial waiver of the road-front land use
buffer to maintain the historic character of the site and the traditional
view of the house from the roadside.
(m) The applicant shall be responsible for satisfying all review and permitting
requirements of other public agencies, including but not limited to
NCDOT driveway permits.
(n) The minimum lot size for a Country Inn using a private well and septic
system shall be no less than ten acres. A Country Inn may be permitted
on lots of less than ten acres if the tract is currently served by public
water and sewer subject to the review and approval of the appropriate
agencies, and the Staff Engineer; or if the tract will receive public
services as part of a larger development project such as a planned
development or village flexible development.
(3) Expiration and Re-Approval of SUP
(a) The Class A Special Use Permit, if approved, shall be valid for six years,
but may be renewed or re-approved by the Board of County
Commissioners after receiving a report from the Planning Department
that the use is, and has been continuously since it was issued, in
compliance with provisions of the Special Use Permit.
(b) The Orange County Planning Department shall present its report on the
compliance of the special use no later than 90 days before the expiration
of the Special Use Permit.
(c) The Board of County Commissioners shall not renew the Special Use
Permit if it is determined that the applicant has failed to comply with the
conditions of approval.
(d) If the Board of County Commissioners does not renew the permit, the
permit shall become null and void upon the expiration of the time limit.
(e) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
5.6.9 Microbrewery with Minor Events20
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
20 Relocated to Section 5.14 Standards for Manufacturing, Assembly, and Processing section consistent with the
proposed new table of permitted uses format.
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(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
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5.6.10 Microbrewery with Major Events21
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.9, the following information shall be
submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
21 Relocated to Section 5.14 Standards for Manufacturing, Assembly, and Processing section consistent with the
proposed new table of permitted uses format.
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(7) Food services are not allowed unless approved in the permit.
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.6.115.6.12 Taxidermy
(A) Standards for Class B Special Use Permit
(1) Enterprises located in an AR zoning district must shall be located on a bona fide
farm.
(2) If located adjacent to residentially zoned property, all buildings, structures,
facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100
feet from the property line.
5.6.12 Winery with Minor Events22
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
22 Relocated to Section 5.14 Standards for Manufacturing, Assembly, and Processing section consistent with the
proposed new table of permitted uses format.
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proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
5.6.13 Winery with Major Events23
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.9, the following information shall be
submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
23 Relocated to Section 5.14 Standards for Manufacturing, Assembly, and Processing section consistent with the
proposed new table of permitted uses format.
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parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.6.14 Country Store24
(A) General Standards for Evaluation
(1) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(2) Outdoor storage areas shall not be permitted to encroach upon required parking
spaces.
(3) All structures and outdoor storage areas shall be located a minimum of 100 feet
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
24 Moved to a new proposed Section 5.18 for standards governing retail land uses.
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(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.6.13 Professional Offices
(A) Standards for the LC-1, NC-2, EC-5, EDH-1, and EDH-2 Zoning Districts
(1) Structures shall not exceed 15,000 square feet in gross floor area.
5.6.14 Repair Services
(A) Standards for the LC-1, NC-2, and EC-5 Zoning Districts
(1) Structures shall not exceed 15,000 square feet in gross floor area.
(2) No external storage of materials or equipment shall be permitted.
(B) Standards for all other Zoning Districts
(1) External storage of materials and equipment shall be allowed subject to the
following:
(a) No storage shall take place within 30 feet of a property line.
(b) External storageStorage areas shall be encliosed by an 8 foot chain link
fence. A Type A Land Use Buffer, as detailed in Section 6.8.6 of this
Ordinance, shall be erected around the perimeter of the fence.
5.6.15 Restaurants
(A) Standards for the NC-2 and EC-5 Zoning Districts
(1) Structures shall not exceed 12,000 square feet in gross floor area.
(2) Drive-thru facilities as part of a Restaurant are prohibited.25
(3) Restaurant, -Drive-ins uses are prohibited.
5.6.155.6.16 Sexually Oriented Businesses
(A) Submittal Requirements
25 Staff is recommending a prohibition on drive‐thru facilities in the NC‐2 and EC‐5 general use zoning districts
consistent with review comments made by BOCC members.
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(1) In addition to the site plan submittal criteria detailed within Section 2.5 of this
Ordinance the applicant shall submit proof a license has been issued allowing for
the operation of a sexually oriented business in accordance with Chapter 8 of the
Orange County Code of Ordinances.
(B) Standards of Evaluation
(1) Sexually oriented business(es) shall not be located in any building, or portion
thereof, that is:
(a) Within 1,000 feet of an existing sexually oriented business.
(b) Within 1,000 feet of a:
(i) Residential land use including any open space established as
part of the residential subdivision approval process,
(ii) Church and/or place of worship,
(iii) School (public, private, or specialty),
(iv) Public or private library,
(v) State licensed child care facility, or
(vi) Public park or recreational facility.
(c) Measurement shall be made in a straight line, without regard to the
intervening structures or objects, from the nearest portion of the building
or structure used as the part of the premises where a sexually oriented
business is conducted to the nearest portion of a building, structure, or
open space area of a use listed above.
5.6.17 Storage of GoodsSelf-storage Facilities 26
(A) Standards for the GC-4, EC-5 and O/RM Zoning Districts
(1) No external storage shall be permitted. All items shall be stored in doors.
(2) Rental of moving equipment, including vehicles, shall be permitted subject to the
following:
(a) Rental Vehicles shall not be parked and/or stored within 30 feet of a
property line.
(b) Rental Vehcicles shall be stored within an area enclosed by a 8 foot
chian link fence. A Type B Land Use Buffer, as detailed in Section 6.8.6
of this Ordinannce, shall be erected around the perimeter of the fence.
(B) Standards for the I-1, I-2, I-3 and REDA-CZ Zoning Districts
(1) External storage shall be permitted subject to the following standard(s):
(a) No storage shall take place within 30 feet of a property line.
(b) External storage areas shall be enclosed by an 8 foot chain link fence. A
Type B Land Use Buffer, as detailed in Section 6.8.6 of this Ordinance,
shall be erected around the perimeter of the fence.
(2) Rental of moving equipment, including vehicles, shall be permitted. Vehicle
storage areas shall comply with the development standards contained herein.
Service Uses Uses Not Listed
Submittal Requirements
26 This is intended to cover self‐storage facilities.
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In addition to the information required under Section 2.7of this Ordinance, the
following shall be submitted as part of the application:
Detailed narrative detailing how proposed use is consistent with the
definition of the Service Land Use as detailed in Article 10 of this
Ordinance.
Standards of Evaluation.
Facility, including any outdoor activity areas, shall be setback a minimum of 100
feet from all property lines.
A Type D land use buffer, as detailed in Section 6.8.6 of thie Ordinance, shall be
installed/maintained along all property lines.
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Uses as Accessory Uses
(A) Residential Land Uses
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a residence shall abide by the following:
(1) General Standards
(a) Accessory recreational uses shall not be open to the public or serve as a
recreation amenity for other lots.
(b) Amenities, equipment, and/or facilities intended for spectators such as
bleachers or public address systems shall not be permitted.
(c) Outdoor sports field lighting, as detailed within Section 6.11, shall be
prohibited.
(2) Specific Standards
(a) Motor Cross and Go-Kart Tracks
(i) All tracks and/or paths shall be located a minimum of 100 feet
from a property line.
(ii) A track or path shall not cross over active septic fields.
(iii) A Type B Land Use Buffer, as detailed in Section 6.8, shall be
required around the portion of the property where the track is
located.
(B) Non-residential Land Uses
In addition to the requirements contained within this Ordinance, recreational uses
developed as an accessory use to a non-residential land use shall abide by the following:
(1) Uses shall not constitute Recreational Facilities.
5.7.2 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to recreational facilities as a
principal use of property.
(2) The minimum lot area shall be two acres.
(3) Facilities may include such features as play and training areas, athletic field
lights, public address systems, parking for patrons and staff, storage/office
facilities, and restroom/locker facilities.
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after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(7) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
5.7.8 Theater27
(A) Standards for the NC-2, CC-3, EDH-1, EDH-2, and EDH-3 Zoning Districts
(1) All theater activites shall be located indoors. No outside performances shall be
permitted.
(B) Standards for the GC-4, EDB-2, EDE-2, and EDH-4
(1) Outdoor performance areas shall abide by the following standards:28
(a) A 50 foot setback from all property lines.
(b) A Type B Land Use Buffer, as detailed in Section 6.8.6 of this Ordinance,
shall be installed around the perimeter of the outdoor performance area.
(c) If the property is adjacent to a residential land use or general use zoning
district, performances shall abide by the following hours of operation:
(i) Sunday through Thursay – performances shall cease at 9:00
p.m.
(ii) Friday through Saturday – performances shall cease at 11:00
p.m.
Recreational Uses Uses Not Listed
Submittal Requirements
In addition to the information required under Section 2.7of this Ordinance, the
following shall be submitted as part of the application:
Detailed narrative detailing how proposed use is consistent with the
definition of Recreational Land Use as detailed in Article 10 of this
Ordinance.
Evidence applicable minimum local, State, or Federal licensing
requirements have been satisfied.
Standards of Evaluation.
Facility, including any outdoor activity areas, shall be setback a minimum of 100
feet from all property lines.
A Type D land use buffer, as detailed in Section 6.8.6 of thie Ordinance, shall be
installed/maintained along all property lines.
27 By definition the term ‘theater’ now includes movies, plays, concerts, etc.
28 Staff is proposing establishing minimum design standards for outdoor performances to address potential
impacts to adjacent properties.
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SECTION 5.8: STANDARDS FOR ADULT AND CHILD CARE & EDUCATIONAL
FACILITIES
5.8.1 Adult Daycare Home29
(A) Submittal Requirements
(1) In addition to the information required by Section 2.4.3, the plot plan shall show
the following:
The location of the residence in which the Adult Daycare is to be located
in relation to existing property lines and adjacent homes;
(a) The location, number, and means of access to required off street parking
areas;
Narrative outlining proposed activities for the use.
(2) A floor plan showing the use and dimensions of each room and the location of
entrances and exits.
(3) Evidence the facility qualifies for a State of North Carolina Adult Daycare Home
license.
(B) Standards of Evaluation
The use shall be limited to serving no more than 16 clients.
(1) The minimum requirements to qualify for a State of North Carolina Adult Daycare
Home license are satisfied.
(2) The property has direct frontage and access onto a public State maintained
road.
(3) Pick-up and drop off areas shall be located on-site, separated from required
parking areas and drive-aisles, and have sufficient vehicular stacking area to
accommodate a minimum of three vehicles.
(4) Overnight accommodation of clients shall be prohibited.
5.8.2 Adult Daycare Facility30
(A) Standards in Commercial Districts
(1) The property has direct frontage and access onto a public State maintained
road.
(2) Pick-up and drop off areas shall be located on-site, separated from required
parking areas and drive-aisles, and have sufficient vehicular stacking area to
accommodate a minimum of three vehicles.
(3) Overnight accommodation of clients shall be prohibited.
5.8.15.8.3 Daycare Center in a Residence
(A) Submittal Requirements
(1) In addition to the information required by Section 2.4.3, the plot plan shall show
the following:
29 A new land use staff is recommending to address potential care for adults. This use is not intended to allow
overnight accommodation(s).
30 Added to address Attorney comments on creating distinction from proposed ‘Adult daycare home’ and existing
child care facilities.
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(a) The location of the residence in which the Daycare Center in a
Residence 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;
(c) The location and type of required landscaping and/or screening; and31
(d)(c) A fenced, outdoor play space.
(2) A floor plan of the proposed child care facility, showing the use and dimensions
of each room and the location of entrances and exits.
(3) A landscape plan denoting required land use buffers around the structure
housing the use and outdoor play areas.
(3)(4) Evidence that the minimum requirements to qualifythe facility qualifies for a state
State of North Carolina Center in a Residence for 3 to 12 Children license have
been satisfied.child care license.
(B) Standards of Evaluation
(1) The Daycare Center in a Residence is to be located in an area, which is free
from conditions dangerous to the physical and moral welfare of the children.32
(2)(1) The use shall be limited to serving between 3 to 12 children.33
(3)(2) The minimum requirements to qualify for a State of North Carolina child care
license are satisfied.
(4)(3) The There is property has direct frontage and access onto a public sState
maintained road.
(5)(4) Adequate access to and from the site, as well as adequate space off the road
right-of-way, is provided for the safe pickup and discharge of children and is
provided in such a manner that traffic generated by the Daycare Center in a
Residence is not disruptive to adjacent residentially developed properties.Parking
areas shall comply with the provisions of Section 6.9 of this Ordinance.
(6)(5) Child pick-up and drop off areas shall be located on-site, separated from required
parking areas and drive-isles, and have sufficient vehicular stacking area to
accommodate a minimum of three vehicles.34
(7)(6) The plot plan shall show how the facilities will be screened from adjacent
properties. A Type B 30-foot buffer shall be provided around the Daycare Center
in a Residence and play area in accordance with Section 6.8.6. These buffers
will effectively screen the view of any outdoor play area, and reduce noise
associated with the child care. Required buffers installed around the unit housing
the daycare and the perimeter of the outdoor play area comply with the Type B
land use buffer, as detailed in Section 6.8.6 of this Ordinance.35
31 Spelled out in greater detail in a revised subsection 3 contained herein.
32 Staff is recommending the standard be eliminated due to a lack of viable criteria for staff to be able to
definitively determine if an area is free of conditions dangerous to the ‘physical and moral welfare of the children’.
33 This new provision incorporates numerous references to the limitation on the number of children that can be
served in a central location rather than in multiple sections of the UDO.
34 Existing language is ambiguous and does not provide a measurable standard. Proposed modifications eliminate
discretionary language and establishes a measurable, enforceable, standard.
35 Staff is proposing to simplify existing language to eliminate discretionary language creating potential
inconsistent enforcement of the standard.
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(8)(7) Each Daycare Center in a Residence is required to provide at least 75 square
feet of outdoor play space shall be provided for every proposed child in care.
This space mayOutdoor play space shall not be located in a required buffer, shall
not include driveways or required parking areas,36 or in an area, which is used or
reserved for use as a sewage disposal nitrification field.
(9)(8) Fencing, a minimum 3 ft. in height,37 is toshall be provided around the outdoor
play space. All gates shall be self-closing and/or self-latching.38, which ensures
the protection of the children receiving child care and protects adjacent
residentially developed properties from trespass.
(10) All gates shall be self-closing and self-latching.
5.8.25.8.4 Child Care Facilities
(A) Standards in Commercial and Industrial Districts
(1) At least 100 square feet of outdoor play space per child shall be provided and.
shall not be located in a required buffer, shall not include driveways or parking
areas, or in an area used or reserved for use as a sewage disposal nitrification
field39
(2) Fencing, a minimum of 3 ft. in height, shall be provided around the outdoor play
space. All gates shall be self-closing and/or self-latching. Outdoor play space
shall be fenced or otherwise enclosed on all sides and shall not include
driveways, parking area or land unsuited by other usage or natural features for
children's play space. All required fences shall comply with the regulations of this
Ordinance. The minimum height in any case shall be three feet.
(3) Outdoor play areas shall have a Type B land use buffer, as detailed in Section
6.8.6 of this Ordinance, erected around the perimeter.40
(3)(4) The minimum lot area for the first eight children shall be 10,000 square feet. The
minimum additional area for multiples of eight children shall be 2,000 square feet.
(B) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) Evidence that the minimum requirements to qualify for a State of North
Carolina child care facility license have been satisfied.
(b) A floor plan of the proposed child care facility, showing the use and
dimensions of each room and the location of entrances and exits.
(2) Standards of Evaluation
36 This language is currently listed in Section 5.8.2 as a standard governing the development of a Childcare Facility.
Staff is recommending modifications to this section to ensure consistency.
37 Currently there is no height limit specified in this section. There are references to a fence height limit in Section
5.8.2 for Child Care Facilities. Staff is including this specific minimum height requirement to avoid inconsistent
enforcement.
38 Staff is adding langue concerning the development of the play area with respect to the fence and access gates to
a central provision.
39 This language is being moved and modified to ensure consistency for all ‘child care facilities’ developed in the
County.
40 Staff is recommending a land use buffer be installed around the outdoor play area for a child care facility.
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(a) The child care facility is to be located in an area which is free from
conditions dangerous to the physical and moral welfare of the children.41
(b)(a) The minimum requirements to qualify for a State of North Carolina child
care facility license are satisfied.
(c)(b) There is direct frontage and access on a public State-maintained road.
(d)(c) Parking areas comply with the provisions of Section 6.9 of this
Ordinance. Adequate access to and from the site as well as adequate
space off the road right of way, is provided for the safe pick up and
discharge of children and is provided in such a manner that traffic
generated by the child care facility is not disruptive to adjacent
residentially developed properties.
(e)(d) All child pick up and drop offs shall be on site, outside of required parking
areas and drive-aisles, and has adequate with proper vehicle stacking
area equivalent to accommodate a minimum of three cars.
(f)(e) The site plan shall show how the facilities will be screened from adjacent
properties. A Type-B, 30-footland use buffer, as detailed in accordance
with Section 6.8.6 of this Ordinance, shall be provided around the child
care building and play area in accordance with Section 6.8.6. These
buffers will effectively screen the view of any outdoor play area, and
reduce noise associated with the child care.
(g)(f) Each child care is required to provide at least 75 square feet of outdoor
play space shall be provided for every proposed child in care. This
space may shall not be located in a required buffers, shall not include
driveways or required parking areas, or in an area, which is used or
reserved for use as a sewage disposal nitrification field.
(h) Fencing, a minimum of 3 ft. in height, shall be provided around the
outdoor play space. All gates shall be self-closing and/or self-latching.
Fencing and/or screening is to be provided which ensures the protection
of the children receiving child care and protects adjacent residentially
developed properties from trespass.
(i) All gates shall be self-closing and self-latching.
(j)(3) As a condition of approval, Eeach child care facility approved by the Board of
Adjustment shall be reviewed annually by the Planning Director to ensure
compliance with the standards of evaluation for such facilities and any conditions
attached to the application by the Board of Adjustment. Any change in the
operation of the facility, which deviates from the original standards and conditions
will constitute a modification and will require the approval of the Board of
Adjustment. In determining whether a change in the operation of the facility has
occurred, the Planning Director shall be guided by the procedures and criteria
contained in Sections 2.7.1 and 5.8.2(B)(2).42
41 Staff is recommending this language be deleted. We are concerned there is no definitive way for the Board of
Adjustment to make this determination and is uncertain how language could be included providing
guidance/standards on how same could be accomplished.
42 This is not a ‘standard’ used to evaluate a project. It is a condition associated with the permitting of same. Staff
is renumbering to ensure proper delineation of the requirement.
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5.8.35.8.5 Non-Profit Educational CooperativeUniversities, Colleges, and Institutes 43
(A) Standards for Class A Special Use Permit or CC-3, GC-4, OR/M, EDB-2, EDE-2,
EHDH-3, EDH-4, and MPD-CZ Zoning Districts
(1) Submittal Requirements
In addition to the information required by either Section(s) 2.5 or 2.7, the
following shall be submitted as part of the application:
(a) The site plan prepared in accordance with Section 2.5, also showing the
followingThe required site plan shall contain the following additional
information:
(i) Location, width and type of all internal vehicular and pedestrian
circulation.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings therein,
including the following:
(i) Amount of area allocated to each use including designated open
space areas.
(ii) Number of full and part time employees.
(iii) Number of clients students expected to use the facility.
(iv) Proposed hours and days of operation.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations and sections showing proposed use.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and any other landscape
materials.
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) Copy of the organization By Laws and/or Articles of Incorporation.
(h)(g) A detailed description of the organization, its staff, membership,
affiliations and activities.
(2) Standards of Evaluation
(a) The site plan submitted meets all requirements specified in Subsections
2.7.3 and 5.8.3(A)(1).
(b) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
43 Staff is recommending these existing standards be modified and used to govern the development of these land
uses in both residential districts (Class A Special Use Permit) or as a permitted use in other identified general use
zoning districts.
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(c) The site has frontage and access on to a paved State maintained road.
The developer must show that the existing facilities have the capacity to
handle the additional traffic generated by the use or has an agreement
with NCDOT to upgrade the facility to accommodate expanded needs.
(d) Internal vehicular and pedestrian circulation is designed to encourage
smooth traffic flow and reduce hazards.
(e) All access roads and employee/visitor parking areas shall be paved.
(f) Development of the site as proposed would have no adverse impact
beyond the building, except for appropriate parking facilities.
(g) The floor area of a building or group of buildings housing a Non- Profit
Educational Cooperative shall not exceed the maximum floor area ratio
as permitted in Article 3 of this Ordinance.
(h) All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located.
(i) The applicant must demonstrate its compliance with the definition of
"Non-Profit Educational Cooperative" as contained in Article 10 of this
Ordinance.
5.8.45.8.6 Schools: Elementary, Middle and SecondaryPreparatory 44
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Sections 2.7.3 and 5.3.2, the following
information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of
this Ordinance and with theThe following additional information shall be
shown on the site plan:45
(i) Total student capacity of school as designed;
(ii) Total number of employees at time of greatest shift;
(iii) Number and dimensions of designated parking spaces for school
buses;
(iv) Number of designated parking spaces for employees;
(v) Number of visitor parking spaces;
(vi) Number of student parking spaces;
(vii) Location of student drop off points with stacking spaces
identified;
(viii) Location of all proposed and future athletic fields and structures,
including:
a. Total number of seats for spectators, and
b. Location of concession stands, if any anticipated;
(ix) Proposed public roadway improvements; and
44 Staff is recommending combining various educational activities associated with satisfying State of North Carolina
minimum educational requirements into this central land use category. This would include pre‐school operations.
45 Section 2.7.3 requires 26 copies of a site plan to be submitted as part of a Special Use Permit application. There
is no need to reiterate this requirement within this Section as well.
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(x) Existing and proposed infrastructure improvements (water and
sewer).
(b) 26 copies of a Landscape and Tree Preservation Plan prepared in
accordance with Section 6.8 of this Ordinance. 46
(c) 26 copies of photometric plans prepared in accordance with Section 6.11
of this Ordinance.15
(d)(b) Estimated water usage for structures, landscaping and athletic fields.
(e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance.15
(f)(c) A Biological Inventory, prepared in accordance with Section
5.17.6(A)(2)(b)of this Ordinance.
(g)(d) A Resources Management Plan, prepared in accordance with the
Resources Management Plan definition in Article 10 of this Ordinance.
(2) Standards of Evaluation Within Economic Development Districts (EDD)
If located within an EDD, the application must meet the EDD design standards
established in Article 6 of this Ordinance.
(3) Standards of Evaluation in Zoning Districts other than an Economic
Development Districts (EDD)
If located within a zoning district other than an EDD, the applicant must meet the
following Standards of Evaluation:
(a) The project meets all applicable design standards and other
requirements of this Ordinance.
(b) The project meets all service provision criteria as set forth below:
(i) Fire – identifies the primary and secondary responders and the
source(s) of water.
(ii) Police – identifies the primary and secondary responders.
(iii) Rescue services – identifies the primary and secondary
responders.
(iv) Water Supply – identification of public or private utility source
and capacity of water supply or identification of water source
through a water resource study.
(v) Wastewater Treatment Methods – provider and capacity of
wastewater treatment source.
(vi) Solid Waste—as specified in subsection (h) below.
(c) Habitats shall be identified and evaluated in the Biological Inventory and
are subject to the following:
(i) An undisturbed buffer is required around the boundary of
habitats of rare, threatened, or endangered species as shown on
the biological inventory. Buffer width shall be determined by site
evaluation in consultation with the applicant’s biologist and
County staff;
46 This information is already required for a site plan submittal as detailed in Section(s) 2.5 and 2.7.3 of the UDO.
There is no need to reiterate this requirement within this Section either.
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(i) All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance. Maintenance
specifications, if any, for on-going site management (including
provisions for handling of storm debris in open space areas)
shall be submitted as part of the Resources Management Plan
as defined in Definitions (Article 10).
(m) Additional Standards
(i) For non-charter public schools, the minimum lot size shall be, as
required by the School Construction Standards adopted from
time to time by the Board of County Commissioners, the Orange
County Board of Education and the Chapel Hill-Carrboro Board
of Education.
(ii) For all schools, the lot size shall be adequate to accommodate
all activities. The proposed methods to handle the maximum
number of participants and patrons for any single event shall be
provided while also adhering to safe vehicular and pedestrian
circulation.
(iii) Negative visual impacts shall be minimized along any major
roadway. Negative visual impacts include, but are not limited to,
loading/unloading areas, delivery areas, air handling units (roof
top and other), parking areas for machinery, and storage
buildings. Appropriate screening methods shall be used to
enhance the aesthetic value of a project.
(iv) Transportation improvements as deemed necessary by the
Traffic Impact Study.
(v) The site shall be designed to take advantage of multiple shared
use opportunities, which may include a Park and Ride facility for
public transportation.
(vi) Site Access
a. There shall be a minimum of two access points to the
site.
b. Access points shall separate student drop-off areas and
visitor parking from bus traffic.
c. If school buses are used, then at least one access shall
be limited to school employee and bus use during
normal school hours.
d. All access points shall be located to provide maximum
visibility and safety.
e. No driveway shall be permitted in a location that will
hinder or congest traffic movement on a public street.
5.8.7 Schools – Technical, Trade, and Skill Training
(A) General Standards
(1) Applications proposing flight training schools shall submit documentation
identifying where actual flying activities are intended to occur. No on-site flying
activities, other than the use of simulators, shall be permitted.
(2) Applications proposing a Community College shall require prior approval, and
budgetary allocation of funds by, the Orange County Board of County
Commissioners before being submitted for processing.
(3) Any outdoor activity area shall be required to install a Type B land use buffer
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around its perimeter in accordance with Section 6.8.6 of this Ordinance.
(B) Standards for the LC-1, NC-2, CC-3, EC-5, EDH-4, and EDH-5 Zoning Districts
(1) Shall not exceed 16,000 sq.ft. of floor area.
(2) Shall only involve activities associated with Continuing Education,
Performing/Fine Arts, Sports and Recreation, and Trade schools as defined
herein.
(C) Standards for the GC-4, I2, I-3, EDB-2, and EDE-2 Zoning Districts
(1) Shall only involve activities associated with Continuing Education,
Performing/Fine Arts, Sports and Recreation, and Trade schools as defined
herein.
(D) Standards for the OR/M or MPD-CZ Zoning Districts
(1) All School – Technical, Trade, and Skill Training land uses, as defined herein,
shall be permitted.
Adult and Child Care Uses Not Listed
Submittal Requirements
In addition to the information required under Section 2.7of this Ordinance, the
following shall be submitted as part of the application:
Detailed narrative outlining how proposed use is consistent with the
definition of Child and Adult Care as detailed in Article 10 of this
Ordinance.
Evidence applicable minimum local, State, or Federal licensing
requirements, including any required Certificate of Need, have been
satisfied.
Standards of Evaluation.
Facility, including any outdoor activity areas, shall be setback a minimum of 100
feet from all property lines.
A Type D land use buffer, as detailed in Section 6.8.6 of thie Ordinance, shall be
installed/maintained along all property lines.
SECTION 5.9: STANDARDS FOR UTILITIES
5.9.1 Telephone Exchanges (without business offices), subscriber loop huts, pressure regulator
stations, water and sanitary sewer pumping stations
(A) General Standards
(1) The design of structures shall conform as closely as possible to the character of
the area in which it is located.
(2) Building or structures shall conform to the minimum building setback distances
for the applicable zoning district and shall not exceed 800 square feet in area.
(3) All buildings and structures shall be landscaped and screened according to the
standards that follow:
(a) Buildings and structures which resemble residential accessory structures
must be landscaped and maintained in the character of a residential
area.
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(b) The height of proposed arrays and support structures shall not exceed
40 feet.
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight (8) foot high fence with a self-locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of $
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant agrees to the following as conditions in case the utility is to be
abandoned:
(a) The owner/operator of the facility is required to notify the Orange County
Planning Director in writing 60 days prior to planned the cessation or
abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(b) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Erosion Control permits to re-stabilize the property. The
time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
(f) Upon removal of the facility, the Department shall cause a notice to be
recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
Utilities Uses Not Listed
Submittal Requirements
In addition to the information required under Section 2.7of this Ordinance, the
following shall be submitted as part of the application:
Detailed narrative outling how the proposal is consistent with the Utilities
land use definition as contained in Article 10 of this Ordinance.
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Evidence any applicable local, State, or Federal licensing, permitting,
development requirements have been satisfied.
Standards of Evaluation.
Facility shall be setback a minimum of 100 feet from all property lines.
A Type D land use buffer, as detailed in Section 6.8.6 of thie Ordinance, shall be
installed/maintained along all property lines.
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
5.10.1 Intent 47
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan (“Plan”)
(A) The Plan is intended to assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display locations
within the County’s zoning jurisdiction where property owners have expressed formal,
written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's telecommunications
consultant.
(E) Modification of the Plan may be considered annually at the first Quarterly Public Hearing
of the calendar year, normally held in February. Any applicant requesting modification of
the Plan shall make application to the Planning Director on or before December 1st of
each year. The fee for modifying the Plan shall be that as set forth in the Orange County
Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
47 Please note staff anticipates significant modifications to this Section as part of a future amendment package to
address inconsistencies in ‘submittal’ and ‘project evaluation’ criteria.
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In addition to the information required in section 2.7, the following shall be
supplied as part of the application:
(a) A copy of the application filed with the North Carolina Department of
Health and Human Services for a hazardous waste management facility.
(b) A detailed description of the type facility planned. Included in this
description will be the size of the project, size of the site, the type storage
involved, and the method of permanent disposal anticipated.
(c) Letters from the appropriate agencies that the facility has adequate
protection against fire, vandalism and personal injury.
(d) Survey of floodplain and floodway location on the site plan.
(e) An emergency management plan that has been submitted to the
appropriate North Carolina State agency, and approved.
(2) Standards of Evaluation
(a) All necessary State permits have been applied for and granted to the
applicant.
(b) The description of the type facility planned, including a detailed
description of the type wastes to be stored or disposed of on the site, the
size of the finished project, method of storage or final disposal.
(c) Adequate fire, police and rescue protection can be provided. The
appropriate agencies have written letters confirming adequate protection.
(d) The site is of adequate size to provide a buffer for adjacent properties.
The buffer shall also be of sufficient size to prevent adverse effects in
adjacent property.
(e) Access to the site is directly from an interstate, arterial, or major collector
street.
(f) Accident prevention/emergency management plan approved by the
State.
(g) Location of flood plain if any is on site.
(h) The site plan has buffer from streams.
SECTION 5.12: STANDARDS FOR EXTRACTIVE USES
5.12.1 Borrow Pits for Federal and State Highway Projects
(A) General Standards
(1) The borrow pit is located within one-half mile of the construction site;
(2) An Erosion Control Plan has been approved by the Department of Environment,
Health and Natural Resources;
(3) The material extracted is to be used solely for a State or Federal road
construction project; and
(4) Road construction plans include provision for reclaiming the excavated area. If
the reclamation plan involves filling the excavated area, the fill material must be
inert material defined as beneficial fill by the Solid Waste Branch of the
Department of Environment and Natural Resources, provided that the debris is
also associated with a State or Federal Highway road construction project.
Inclusion of reusable or recyclable materials in the reclamation or filling of the
borrow pit should be minimized. A proposed debris recycling program or a
statement as to why material will not be recycled must be submitted for review by
Orange County.
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5.12.2 Extraction of Earth Products
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) 26 copies of the site plan, prepared by an appropriately licensed
professional, which shall contain the following:
(i) Extent of area to be excavated or mined.
(ii) Aerial photograph of site and all areas within 1,000 feet of the
perimeter of the property flown within two months of the
application for a Special Use Permit.
(iii) Existing topography at a contour interval of two feet based on
mean sea level datum.
(iv) Land use, road system, natural features and topographical ten
foot contour intervals) details for the area within 1,000 feet of the
perimeter of the property.
(v) Typical cross sections showing extent of overburden, extent of
sand and gravel deposits, and water table.
(vi) Proposed handling and storage areas for overburden, by
products and excavated materials.
(vii) Location and results of groundwater borings showing depth of
groundwater.
(viii) Any areas proposed for ponding.
(ix) Wind pattern details and on site windbreaks.
(x) Soils details and statement addressing agricultural productivity
and reclamation.
(xi) Traffic impact analysis addressing the capacity of the roads to
serve the site.
(xii) Access roads to the site, as well as on site roads, with indication
of surface treatment to limit dust. Sight distances on all roads
used for access to the site.
(xiii) Required setback areas, including screening/buffering existing
and/or proposed. If plant materials are to be installed, the
number, location, size and type of plants are to be identified.
(b) An Operations Plan which shall include:
(i) The date proposed to commence operations and their expected
duration.
(ii) Proposed hours and days of operations.
(iii) Estimated type and volume of extraction.
(iv) Description of method of operation, including the disposition of
topsoil, overburden and by products.
(v) Methods to control and respond to spillage of extracted
materials, overburden or by products and vehicular mud on off
site roads.
(vi) Description of equipment to be used in the extraction process.
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(vii) Methods to prevent pollution of surface and ground water.
(viii) Operational test wells and schedule of results and analysis and
response.
(ix) Compliance with the Sediment and Erosion Control provisions of
this Ordinance.
(x) Depth of extractive operations.
(xi) Any phasing of the operation and the relationship among the
various phases.
(xii) Operating practices will be followed to comply with the
performance standards applicable to the operation (See
Subsection 2.7.7(E)).
(c) A Rehabilitation Plan which shall include:
(i) A statement of planned rehabilitation of the excavated land,
including detailed methods of accomplishment and planned
future use of the rehabilitated land.
(ii) A map showing the final topography, after rehabilitation, to the
same scale as the Site Plan, depicting any water areas and
methods of preventing stagnation and pollution thereof,
landscaping and ground cover proposed to be installed, and the
amount and type of back fill to be employed, if any.
(iii) Typical cross sections showing planned rehabilitation.
(iv) A phasing and timing plan, related to the phasing and timing
portion of the Operations Plan, showing the progression of the
rehabilitation and the date when it will be complete.
(v) The method of disposing of all equipment, structures, dikes and
spoil piles associated with the operations.
(vi) A written legal description or survey of the property, prepared by
a North Carolina registered land surveyor or engineer.
(2) Standards of Evaluation
(a) No on-site processing of materials beyond incidental mechanical
consolidation or sorting to facility transportation to the site of use or
location of further processing shall be permitted.48
(a)(b) The applicant demonstrates that the extractive use operation fulfills
primarily a local need as opposed to a regional need in terms of
supplying sand and/or gravel for building and construction purposes.
(b)(c) All operations associated with extraction shall conform to the following
performance standards:
(c)(d) Direct illumination resulting from the operation shall not fall upon any
land not covered by the application.
(d)(e) Equivalent sound levels at the boundaries of the extraction site shall not
exceed the following standards:
TABLE 5.12.2.A.2.D: VIBRATION LEVEL STANDARDS FOR EXTRACTION
SITES
48 This language is currently contained in the definition of Extraction of Earth Products in Article 10. Staff is
recommending it be moved here.
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TIME DECIBEL LIMIT
7:00 a.m. to 7:00 p.m. 68 dBA
7:00 p.m. to 7:00 a.m. 58 dBA
(e)(f) Vibration levels at the boundaries of the extraction site shall not exceed
the following standards:
TABLE 5.12.2.A.2.E.: VIBRATION LEVEL STANDARDS FOR EXTRACTION
SITES
TIME DECIBEL LIMIT
Steady State 1.0 inches/second
Impact 2.0 inches/second
[1] The maximum particle velocity shall be the product of two times the
frequency in cycles per second times the sum of three mutually
perpendicular displacement components recorded simultaneously. For
purposes of this Ordinance, steady state vibrations are vibrations which are
continuous, or vibrations in discrete impulses more frequent than 60 per
minute. Discrete impulses which do not exceed 60 per minute shall be
considered impact vibrations. Maximum air blast vibration, measured at the
lot lines of the zoning lot containing the extractive use, shall be 125 decibels
on the linear scale.
(f)(g) The Rehabilitation Plan shall be referred to the Orange County Soil and
Water Conservation District for review and recommendation, which shall
not be binding upon the Board of County Commissioners, in particular
regarding the landscape material specified, the planting and
maintenance proposed to insure continuous growth and development,
and the acceptability of the proposals for the handling of lakes, ponds,
etc.
(g)(h) The permanent roads, defined as those to be used in excess of one year
within the excavation site, shall be surfaced with a dust free material
such as soil cement, bituminous concrete or Portland Cement concrete
from the nearest public road to the yard area. Also, all permanent roads
located within 300 feet of the residentially zoned land shall be treated the
same.
(h)(i) Roads other than permanent roads shall be treated with dust inhibitors,
to be specified in the Operations Plan, which will reduce to a minimum
the generation of dust from the road surfaces as a result of wind or
vehicular action. Properly operated water wagons shall be an
acceptable method of dust inhibition.
(i)(j) Where the proposed extraction shall take place within 300 feet of a
dwelling, school, church, hospital, commercial or industrial building,
public building, or public land, a security fence at least six feet in height
shall be installed.
(j)(k) Spoil piles and other accumulations of by products shall not be created
to a height more than 40 feet above the original contour and shall be so
graded that the vertical slope shall not exceed the material's natural
angle of response.
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(k)(l) The Operations Plan and the Rehabilitation Plan shall be coordinated so
that the amount of disturbed land is kept to the absolute minimum
consonant with good practices and so that rehabilitation proceeds in
concert with extraction.
(l)(m) No land disturbance shall take place within 250 feet of the zoning lot line
or the property line where the zoning line and the property line are one
and the same. Within the 250 foot setback area, existing vegetation
shall be retained for the purpose of providing a visual screen and noise
buffer. No disturbance or removal of vegetation shall be permitted
except for access roads leading from the excavation area to public
roads. Where vegetation within the 250 foot setback does not exist, the
applicant shall be required to provide a dense, evergreen buffer
consistent with the purpose cited above. The buffer shall be in place
prior to the initiation of any excavation activities.
(m)(n) The applicant shall submit operational reports, prepared on an annual
basis, detailing the amounts of materials extracted, extent of extractive
area, depth of extractive area, and results of groundwater test borings.
(n)(o) Annual inspections of the operation shall be conducted by the Planning
Director following submittal of the annual operations reports to determine
compliance with the provisions of the Special Use Permit.
(o)(p) In cases of abandonment or termination of operations for a period of 12
consecutive months, application for a new Special Use Permit is
required.
(p)(q) The Board of County Commissioners shall require for all extractive uses
a performance guarantee to insure that the provisions of the
Rehabilitation Plan are met. Such performance guarantee shall be in a
form approved by the County Attorney. The amount of such guarantee
shall cover the cost of rehabilitation on a per acre basis, if the cost does
not exceed the amount posted with the State. If the rehabilitation cost
exceeds the amounts required by the State then the difference shall be
made up in a bond to Orange County.
SECTION 5.13: STANDARDS FOR AGRICULTURAL USES
5.13.1 Agricultural Processing Facility
(A) General Standards for Evaluation
(1) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
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SECTION 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY &
PROCESSING
5.14.1 Metal Fabrication Shop
(A) Standards for ASE-CZ Zoning District
(1) Facility must be located on a bona fide farm.
(2) Minimum lot size: 3 acres.
(3) Maximum building size: 3,000 square feet.
(4) If located adjacent to residentially zoned property, all buildings and operations
must be located a minimum of 200 feet from the property line.
5.14.2 Microbrewery, production only
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located in an AR or RB zoning district, the microbrewery must be located on a
bona fide farm.
(a) A microbrewery, production only, that is located on a bona fide farm, and
which utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A microbrewery, production only, that does not utilize primarily crops
produced on-site, regardless of whether it is located on a bona fide farm,
is not considered a bona fide farming use and is subject to the
regulations contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.14.3 Microbrewery with Minor Events49
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts50
49 Moved from Section 5.6 Standards for Commercial Uses in order to ensure consistency with revised table
format. Staff is also proposing modifications of existing regulations as detailed herein.
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(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(B) Standards of Evaluation Class B Special Use Permit 51
(2)(1) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4)(3) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
50 Microbrewery with Minor events processed as part of a Conditional Zoning application have been moved to
Section 5.14.4 as contained herein.
51 In consultation with the County’s Attorney office, language purporting to provide staff/the Board of Adjustment
with discretion on the enforcement of land use standards is being eliminated as it relates to the Special Use
Permitting process.
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(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7)(6) Food services are not allowed unless approved in the permit.
(8)(7) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
(C) Deviation from established standards of evaluation shall only be allowed if project is
reviewed through the submittal and processing of a MPD-CZ or ASE-CZ application(s).
5.14.4 Microbrewery with Minor or Major Events
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.9, the following information shall be
submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(B) Standards of Evaluation
(2)(1) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
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(4)(3) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7)(6) Food services are not allowed unless approved in the permit.
(8)(7) The permit may limit the frequency of events.
(9)(8) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.14.5 Sawmills
(A) General Standards for Evaluation and ASE-CZ Zoning District
(1) Minimum lot size: 5 acres.
(2) All structures, equipment, and storage shall be located a minimum of 100 feet
from the property line.
(3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m.
(4) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
5.14.6 Winery, production only
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located in an AR or RB zoning district, the winery must be located on a bona
fide farm.
(a) A winery, production only, that is located on a bona fide farm, and which
utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A winery, production only, that does not utilize primarily crops produced
on-site, regardless of whether it is located on a bona fide farm, is not
considered a bona fide farming use and is subject to the regulations
contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
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(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.14.7 Winery with Minor Events
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following
information shall be submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(B) Standards of Evaluation
(2)(1) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4)(3) Events shall be limited to no more than 150 people at one time and shall occur
no more than 12 days per year.
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(5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7)(6) Food services are not allowed unless approved in the permit.
(8)(7) Retail sales and facility tours are intended to be minor components of the overall
use as a microbrewery that produces craft malt beverages. Retail sales may
include complementary items but are intended to be comprised primarily of
products produced on-site. The permit may specify limits to these activities.
Deviation from established standards of evaluation shall only be allowed if project is
reviewed through the submittal and processing of MPD-CZ or ASE-CZ applications.
5.14.8 Winery with Minor or Major Events
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) In addition to the requirements in Section 2.9, the following information shall be
submitted with the application materials:
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of overflow parking area(s) if required parking is not anticipated
to accommodate all special events.
(c) A map depicting surrounding uses and the distance to residential
structures.
(d) A description of retail sales and facility tours, if proposed.
(e) A comprehensive groundwater study, for facilities expected to use more
groundwater on an annual basis than an average single family residence
(which uses 240 gallons of water per day) built at the highest density the
existing zoning district would allow. For example, if the existing zoning
district allows a residential density of 1 unit for 2 acres and the proposed
use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average
single family residence (or 720 gallons per day, on an annualized basis)
before a comprehensive groundwater study is required. The water usage
rates of any existing use subject to zoning regulations located on the
same lot shall be taken into account when determining if a
comprehensive groundwater study is required. Said study shall detail:
(i) The amount of water anticipated to be used on a daily, weekly,
monthly, and annual basis by regulated uses located on the
parcel (e.g., water usage by bona fide farm uses is not required
to be included);
(ii) An analysis of the amount of groundwater withdrawal considered
to be safe and sustainable in the immediate vicinity; and
(iii) An analysis of whether other wells in the vicinity of the proposed
use are expected to be affected by withdrawals made by the
proposed use.
(2) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
(3) If located adjacent to residentially zoned property, all structures, facilities, storage
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areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(4) Major events may attract more than 150 people at one time and may occur more
frequently than twelve times per year.
(5) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(7) Food services are not allowed unless approved in the permit.
(8) The permit may limit the frequency of events.
(9) Retail sales are intended to be comprised primarily of products produced on-site
but may include complementary items.
5.14.9 Industrial, Light52
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Industrial, Light and adhere to the standards of Section
5.14.5(A)(2):
(a) Banks & Financial Institutions
(b) Beauty & Barber Shops
(c) Laundry & Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.14.5(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Industrial, Light must be established on the
site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
Manufacturing, Assembly, and Processing Uses Not Listed
Submittal Requirements
In addition to the information required under Section 2.7of this Ordinance, the
following shall be submitted as part of the application:
52 Provisions have been reworked and relocated to Section 3.4 General Commercial Districts – O/RM district
standards.
241
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Section 5.15: Standards for Automotive/Transportation Related Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-148
Detailed narrative identifying how the proposed use is consistent with the
definition of the Manufacturing, Assembly, and Processing land uss
category as detailed herein.
Standards of Evaluation.
Minimum lot size shall be 3 acres.
Facility, including any outdoor activity areas, shall be setback a minimum of 100
feet from all property lines.
A Type D land use buffer, as detailed in Section 6.8.6 of thie Ordinance, shall be
installed/maintained along all property lines.
SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED
USES
5.15.1 Motor Vehicle Sales / Rental (New & Used)
(A) Submittal Requirements
(1) In addition to the information required by Section 2.5, the site plan shall show the
area for the display of vehicles for sale or rental.
(B) General Standards
(1) Property shall have frontage and direct access onto a State maintained roadway.
(2) Areas of the property designated for the display of vehicles for sale or rent shall
be improved with an all-weather surface (i.e. concrete, asphalt, gravel) and shall
not be used for any other purpose.
(3) Additional vehicles, other than those offered for sale, rent or staff/customer
designated parking as required under Section 6.9 of this Ordinance, can be
stored on-site and shall be screened from view from adjacent properties and
public rights-of-way. Such vehicles shall not be included in the display limit
calculation.
(C) Standards for the NC-2, EC-5, and E-I Zoning Districts
(1) The display of vehicles outdoors shall be limited to 32 vehicles per acre of
property.
(D) Standards for GC-4, I-1, I-2, I-3, EDB-1, EDB-2, and EDE-253
(1) The display of vehicles outdoors shall be limited to 45 vehicles per acre of
property.
5.15.2 Parking As Principal Use, Surface or Structure
(A) General Standards
(1) The use sShall be allowed as a permitted use of property when
associateddeveloped as part of an adopted with a local or regional transportation
goal such as mass transit or park and ride lot.54
A formal non-residential site plan application, as detailed in Section 2.5 of this
Ordinance, shall be required for submittal.
53 Staff is recommending the use only be allowed in ‘high intensity’ economic development districts.
54 This is existing language currently contained in the EDD permitted use table we are recommending becoming
applicable to all general zoning districts.
242
Article 5: Uses
Section 5.16: Standards for Medical Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-149
Automotive/Transportation Uses Not Listed55
Standards of Evaluation
Minimum lot size of 2 acres shall be required.
No land use activity of any kind shall be located within 50 feet of a property line.
A Type C land use buffer, as detailed in Section 6.8.6 of thie Ordinance, shall be
installed/maintained along all property lines.
SECTION 5.16: STANDARDS FOR MEDICAL USES
5.16.1 Health Services
(A) Standards for the LC-1, NC-2, CC-3, EC-5, EDB-1, EDE-2, EDH-1, and EDH-2 Zoning
Districts
(1) Shall not exceed 10,000 square feet of floor area.
(2) Shall not involve on-site laboratory and/or on-site diagnostic services.
5.16.2 Mental Health and Substance Abuse Centers
(A) Submittal Requirements
(1) In addition to the information required under Section 2.7of this Ordinance, the
following shall be submitted as part of the application:
(a) Evidence the minimum licensing requirements for the State of North
Carolina, including any required Certificate of Need, have been satisfied.
(B) Standards of Evaluation
(1) Shall not be located within 1,000 feet of an existing Mental Health and/or
Substance Abuse Center.
(2) Property shall have frontage and obtain access from a roadway directly
maintained by, or constructed to, North Carolina Department of Transportation
public road standards
(3) Facility, including any outdoor activity areas, shall be setback a minimum of 100
feet from all property lines.
(4) All outdoor activity areas shall be enclosed by a fence a minimum of 10 feet in
height.
(5) The facility, including outdoor activity areas, shall be required to install a Type D
land use buffer as detailed in Section 6.8.6 of this Ordinance.
5.16.15.16.3 Veterinary Clinic
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR and ASE-CZ zoning districts, this use is intended primarily for large
animal facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
5.16.25.16.4 Veterinary Clinic, mobile
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
55 In those instances where a land use may not be expressly listed/contained in the UDO staff is recommending
they be allowed through the review of a Class A Special Use Permit and processed accordingly.
243
Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-150
(1) In the AR, R-1, and ASE-CZ zoning districts, this use is intended to be located
on the same property as the operator’s residence. The mobile clinic shall be
parked to the side or rear of the residence, not in front of the residence, unless
permitted otherwise in the permit.
(2) For all zoning districts in which this use is permitted, observation shelters for up
to three large or small animals shall be considered an accessory use. The permit
may specify a greater number of observation shelters and may limit the
maximum number of days an individual animal may be observed.
(3) If adjacent to residentially zoned property, all mobile clinic operations shall be
located a minimum of 100 feet from the property line.
(4) Veterinary services whereby the public brings their animal to the mobile clinic
location shall not be permitted, unless specifically permitted in the permit.
5.16.35.16.5 Veterinary Hospital
(A) Standards for ASE-CZ Zoning District
(1) In the ASE-CZ zoning district, this use is intended primarily for large animal
facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
Medical Uses Uses Not Listed
Submittal Requirements
In addition to the information required under Section 2.7of this Ordinance, the
following shall be submitted as part of the application:
Evidence applicable minimum local, State, or Federal licensing
requirements, including any required Certificate of Need, have been
satisfied.
Standards of Evaluation.
Facility, including any outdoor activity areas, shall be setback a minimum of 100
feet from all property lines.
A Type D land use buffer, as detailed in Section 6.8.6 of thie Ordinance, shall be
installed/maintained along all property lines.
SECTION 5.17: STANDARDS FOR MISCELLANEOUS USES
5.17.1 Churches56
(A) General Standards
(1) Churches are required to provide setbacks in residential districts; the minimum
shall be as follows:
TABLE 5.14.1.A: CHURCH SETBACK STANDARDS IN RESIDENTIAL DISTRICTS
SETBACK DISTANCE (FEET)
Front 45
Side 50
Rear 50
56 Provisions/standards have been moved.
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Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-151
5.17.2 Community Center
(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 exact type of facility planned, the size of the building,
the number of participants; a signed statement from the owners or
operators that the facility will be operated by a non-profit organization.
(b) A site plan showing the location of the existing and proposed buildings,
access points, parking, service areas, and outdoor recreation areas.
(c) Building plans for all existing or proposed structures.
(d) Landscape plan, at the same scale as the site plan, showing existing or
proposed trees, shrubs, ground cover and any other landscape
materials.
(2) Standards of Evaluation
(a) Lot size shall be adequate for the method of sewage disposal, and for
the other improvements proposed or required.
(b) The site plan shall show the boundaries of the site, the distances to the
nearest residential structures, access points, parking areas, service area,
location of proposed existing buildings.
(c) The landscape plan shall be at the same scale as the site plan and
should show how the facilities will be screened from the adjacent
properties, in addition, to proposed or existing trees, shrubs, and ground
cover.
(d) Elevations of buildings should show that the buildings preserve the
residential character of the area.
5.17.3 Commercial Cemeteries 57
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) Evidence that the requirements of the North Carolina General Statutes
Chapter 65 can be achieved and that the standards of the N.C,
Cemetery Commission shall be met.
(2) Standards of Evaluation
(a) A minimum lot size of two acres is provided.
(b) The site shall have direct access to a collector or arterial street
(c) There shall be adequate space within the site for the parking and
maneuvering of funeral cartilages
(d) No interments shall take place within 30 feet of any lot line.
5.17.45.17.1 Historic Sites Non Residential Reuse/Mixed Use
(A) Standards for Class A Special Use Permit
57 Standards are being moved to the Services land use category.
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Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-152
(1) Submittal Requirements
In addition to the information required in Section 2.7, the following shall be
supplied as part of the application:
(a) The site plan, prepared by an appropriately licensed professional, shall
also contain the following:
(i) Location, width, and type of all internal vehicular and pedestrian
circulation.
(ii) Location and dimensions of all on site signage.
(iii) Boundaries of the site and distance to nearest residential
structures.
(b) Description of the proposed use(s) of the site and the buildings thereon,
including the following:
(i) Amount of area allocated to each use.
(ii) Number of full and part time employees.
(iii) Number of clients and/or occupants expected to use the facility.
(iv) Proposed hours of operation for non residential uses of the site
and within buildings thereon.
(c) Building plans for all existing or proposed structures to include floor
plans, elevations, and sections showing restoration/rehabilitation
proposed. Description of how the historical style and character of the
building and/or property is to be enhanced.
(d) Landscape and tree preservation plan, at the same scale as the site
plan, showing existing or proposed trees, shrubs, ground cover and other
landscape materials.
(e) Statement from the appropriate public service agencies concerning the
method and adequacy of water supply and wastewater treatment for the
proposed uses.
(f) Statement from the appropriate public service agencies concerning the
provision of fire, police and rescue protection to the site and structures.
(g) Evidence that the property is listed on the National Historic Register or
recognized by the State of North Carolina as places of historic interest.
(h) The proposed development schedule for the site.
(2) Standards of Evaluation
(a) The site plan submitted meets all requirements specified in sections 2.7
and 5.17.4(A)(1).
(b) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development. The proposed use of the historic
structure shall be of such a nature so as to preserve the historic
character of the site and the building. Development of the site as
proposed would have no adverse impact beyond the building except for
appropriate parking facilities.
(c) Structural alterations of historic structures shall be of such a nature as to
preserve the historic character of the building(s) and site.
(d) Fire, police and rescue services and water supply and wastewater
treatment methods are adequate to serve the proposed uses and
facilities.
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Section 5.17: Standards for Miscellaneous Uses
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(e) Recreational areas, service areas, parking and screening are adequate
for the proposed use(s).
(f) The site is served by direct access to a State maintained road.
(g) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
(3) Expiration and Renewals
(a) This Class A Special Use Permit, if approved, shall be valid for six years,
but may be renewed or re-approved by the Board of Commissioners
after receiving a report from the Planning Department that the use is, and
has been continuously since it was issued, in compliance with provisions
of the Special Use Permit. The Orange County Planning Department
shall present its report on the compliance of the special use no later than
90 days before the expiration of the Special Use Permit.
(b) The Board of County Commissioners shall not renew the Special Use
Permit if it is determined that the applicant has failed to comply with the
conditions of approval. If the Board of County Commissioners does not
renew the permit, the permit shall become null and void upon the
expiration of the time limit.
(c) If the Special Use Permit is not renewed or re-approved, then the
applicant may submit a new application as if it were a new use.
5.17.55.17.2 General Aviation Airports, STOL and Heliports
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in section 2.7, the following shall be
submitted as part of the application:
(a) A configuration diagram depicting the layout of runways, taxiways,
approach zones and overrun areas. These diagrams should also be on
aerial photographs that show the area within five miles of the proposed
site.
(b) Isotonic contours showing the effects of aircraft operations upon land
within one mile of the boundary of the proposed site.
(c) The number and type of aircraft proposed to be stored including also the
storage areas for aircraft, fuel and motor vehicles, service areas for
aircraft.
(d) How on site fire and rescue services shall be provided and a letter from
the appropriate agency stating services are available and adequate to
protect the proposed facility.
(e) List land uses within the final approach zones of the airport.
(f) Certification that all Federal Aviation Administration (FAA) and State
standards and requirements have been met.
(2) Standards of Evaluation
(a) All F.A.A. and State regulations are met as a condition of approval.
(b) The site and its operation will not adversely affect existing adjacent land
uses.
(c) Land sufficient to provide approach zones and overrun areas is owned or
controlled by the applicant.
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Section 5.17: Standards for Miscellaneous Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-154
(d) Adequate land area is provided for all of the proposed uses, buildings
and storage areas.
(e) Screening of buildings, storage and maintenance areas is provided from
adjacent residential land.
(f) Letters from appropriate fire and rescue agencies that protective services
can be provided at an adequate level.
(g) Access shall be directly onto a State maintained road.
(h) Compatible land uses are located in the final approach areas of the
airport.
5.17.65.17.3 Major Subdivision
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Section 2.7, the following shall be
submitted as part of the application:
(a) Notification
Stamped envelopes addressed to each owner of property within 500 feet
of the property proposed for subdivision. The names and addresses of
property owners shall be based on the current listing as shown in the
Orange County Land Records system.
(b) Development Schedule
A statement, from the applicant, indicating the anticipated development
schedule for the build out of the project.
(c) Water and Wastewater
(i) If the proposed lots are to be served by a public water system,
proof of water supply and service availability in the form of a
certified copy of a resolution to that effect enacted by the
governing body of the water system providing the water to serve
the lots in the subdivision.
(ii) If the proposed lots are to be served by a public sewer system
proof of public sewer service availability in the form of a certified
copy of a resolution to that effect enacted by the governing body
of the sewer system providing the sewer service to the lots in the
subdivision.
(iii) If the proposed lots are to be served by a community water
and/or sewer system, proof that the system(s) will be operated
either directly by or through contract with the water and/or sewer
provider whose service area or interest area it is, as defined in
the Water and Sewer Management Planning and Boundary
Agreement and Map adopted December 3, 2001, and as may be
amended from time to time.
(iv) If the proposed lots are to be served by individual wells or
community wells, a professionally prepared groundwater yield
analysis relating the proposed wells to the U.S. Geological
Survey Water Resources Investigations Report 00-4286 and any
later USGS Water Resource Investigation Report data available.
248
Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
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(i) Habitat Maintenance
(i) Habitats identified in the biological inventory and habitats created
through mitigation shall be maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement; and
(ii) Maintenance of habitats shall be minimal, consisting primarily of
maintaining buffers and enhancements, removal of exotic (non-
native) plant species, and keeping drainage ways functioning
properly.
(j) Access
Access to the subdivision and access to lots within the subdivision to
existing public roads shall conform to and be in compliance with any
public road access management plan adopted by Orange County.
(k) Maintenance of Improvements
(i) All site improvements such as roads, utilities (including irrigation
and drainage structures), habitat enhancements, recreational
amenities, signage, landscaping, open space, etc. will be
maintained in function and appearance.
(ii) Maintenance specifications, if any, for on-going site management
(including provisions for handling of storm debris in open space
areas) shall be submitted as part of the Resources Management
Plan and incorporated into Homeowners’ Association
documents.
5.17.4 Research Lands and Installations58
(A) Standards for Rural Buffer (RB)
(1) Shall only be permitted when developed by a University or College.
(2) All buildings, facilities, and parking areas shall be located a minimum of 100 feet
from all property lines and shall occupy no more than 10% of the acreage
comprising the property.
5.17.75.17.5 Rural Heritage Museum
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located adjacent to residentially zoned property, all buildings, facilities, and
parking areas shall be located a minimum of 100 feet from the property line.
(2) The maximum building size in an AR or RB zoning district shall be 5,000 square
feet.
5.17.85.17.6 Rural Special Events
(A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts
(1) Must be located on a bona fide farm.
(2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following
information shall be submitted with the application materials:
58 This is intended to allow the continued use of Duke Forest within the Rural Buffer general use zoning district to
continue as a permitted use of property by Duke University as a research area.
249
Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-160
(a) Description of special events to be held on-site, including frequency of
events, hours of operation, anticipated attendance, and any other
pertinent details.
(b) Location of parking area(s).
(c) A map depicting surrounding uses and the distance to residential
structures.
(3) The temporary or seasonal commercial activities that comprise the special event
must pertain to agricultural or rural-related activities.
(4) If located adjacent to residentially zoned property, all structures, facilities, storage
areas, and parking areas shall be setback a minimum of 100 feet from all
property lines.
(5) Events permitted by right in the AR, RB, and AS zoning districts shall be limited
to no more than 150 people at one time and shall occur no more than 12 days
per year. Events exceeding these limits must be approved as an ASE-CZ or
MPD-CZ.
(6) Loudspeakers and public address systems shall not be used before 7 a.m. or
after 7 p.m. if an existing residence is located within 1,000 feet of the facility,
unless approved otherwise in the permit.
(7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or
11 p.m. on Friday and Saturday, unless approved otherwise in the permit.
(8) Food services are not allowed unless approved in the permit.
(9) Documentation shall be submitted from the Fire Marshal and Building Inspections
Department stating that all areas open to the public meet state regulations.
(B) Deviation from established standards of evaluation shall only be allowed if project is
reviewed through the submittal and processing of MPD-CZ or ASE-CZ applications.
5.17.9 Research Facility59
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research Facility and adhere to the standards of Section
5.17.9(A)(2):
(a) Banks & Financial Institutions
(b) Beauty & Barber Shops
(c) Laundry & Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.17.9(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
59 Provisions have been reworked and relocated to Section 3.4 General Commercial Districts – O/RM district
standards.
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(b) The Principal Use type of Research Facility must be established on the
site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
5.17.10 Research and Manufacturing Facility
(A) Standards for the O/RM Zoning District
(1) The following Multiple Uses are permitted in the O/RM zoning district when the
Principal Use type is Research and Manufacturing Facility and adhere to the
standards of Section 5.17.10(A)(2):
(a) Banks & Financial Institutions
(b) Beauty & Barber Shops
(c) Laundry & Dry Cleaning Services
(d) Nightclubs, Bars, Pubs
(e) Restaurants: Carry Out
(f) Restaurants: General
(g) Retail, Class 1
(h) Printing & Lithography
(2) Multiple Uses, identified in Section 5.17.10(A)(1), are permitted in the O/RM
zoning district only in accordance with the following standards:
(a) The site plan must identify the square footage of each structure by type
of use.
(b) The Principal Use type of Research and Manufacturing Facility must be
established on the site.
(c) The Multiple Use shall not exceed 25% of the total square footage of all
structures on the site.
251
Article 5: Uses
Section 5.18: STANDARDS FOR RETAIL USES
Orange County, North Carolina – Unified Development Ordinance Page 5-162
SECTION 5.18: STANDARDS FOR RETAIL USES
5.18.1 Country Store60
(A) General Standards for Evaluation
(1) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties through the
erection of a fence or wall a minimum of 6 ft. in height.61
(2) Outdoor storage areas shall not be permitted to encroach upon required parking
spaces.
(3) All structures and outdoor storage areas shall be located a minimum of 100 feet
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
60 Moved from Section 5.6.13.
61 New language being added to provide specificity on ‘how’ screening is to be achieved.
252
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-59
SECTION 6.9: PARKING, LOADING & CIRCULATION
6.9.1 Purpose & Intent
The purpose of this Section is to promote the public health, safety and welfare, as well as to
improve the quality of the built environment for Orange County by establishing suitable standards
for motorized vehicle parking and loading areas that are appropriate for the varying urban and
rural forms.
6.9.2 Applicability
No Building Permit, Zoning Compliance Permit or Certificate of Occupancy shall be issued for
uses of land, structures, and buildings, either initially or for a change in use or expansion of an
existing use, unless the off-street parking and loading requirements of this Section are met.
6.9.3 Prohibited Within Special Flood Hazard Areas
Off-street parking and loading facilities are prohibited within Special Flood Hazard Areas.
6.9.4 Use of Required Parking and Loading Spaces
(A) Required parking and loading spaces shall not be used for the storage or sale of
merchandise, vehicle storage, vehicles for sale, or vehicle repair. Non-required spaces
proposed for these uses shall be designated on an approved site plan.
(B) Any area designated for required off-street parking and loading shall not be changed to
another use until other parking and loading facilities in conformance with this section are
established elsewhere to serve the site.
6.9.5 Expansion and Increased Intensity of Existing Use
(A) Whenever there is an increase in the number of dwelling units, the number of employees,
the seating capacity, the floor area, or other applicable unit of measurement for
determining the number of parking and loading spaces required on site, and the increase
will result in the need for additional parking spaces, such additional spaces shall be
provided in accordance with the following and Section 6.9.7 of this Ordinance:
(1) If an existing use, building, or structure is increased by 50% or less, additional
parking and/or loading spaces shall be provided for the addition, in accordance
with the requirements of this Section.
(2) If a use, building, or structure having inadequate parking and/or loading spaces is
increased by greater than 50%, additional parking and/or loading spaces shall be
provided to bring the entire development site into compliance with the
requirements of this Section.
(B) For purposes of this Sub-Section, the expansion or increased intensity shall be
determined based on the current building size and use, and may not be calculated
independently for each separate expansion or intensification.
6.9.6 Change of Use
Additional off-street parking spaces will be required to accommodate a change of use of a
structure or parcel of land only when the new use requires 25% or more parking spaces than the
previous use or 25 or more additional spaces.
6.9.7 Off-Street Parking Requirements
Each use shall provide off-street parking in accordance with the following standards:
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TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
AGRICULTURAL USES
Agricultural Processing Facility One space per employee plus one space per 200 square feet of any
accessory retail sales area
Agricultural Processing Facility, Community One space per employee plus one space per 200 square feet of any
accessory retail sales area
Agricultural Service Uses One space per 400 square feet of gross floor area
Cold Storage Facility One space per employee
Community Farmers’ Market One space per 200 square feet of gross floor/selling area or a
minimum of five spaces, whichever is greater
Composting Operation One space per employee
Cooperative Farm Stand One space per 200 square feet of gross floor/selling area or a
minimum of five spaces, whichever is greater
Equestrian Center One space per horse stall plus one space per employee plus one
space per 4 spectator seats
Farm Equipment Rental, & Sales and
Service One space per 400 square feet of gross floor area
Farm Supply Store One space per 300 square feet of gross floor area
Feed Mill One space per employee on shift of maximum employment
Greenhouses with On Premises Sales One space per 400 square feet of gross floor area
Meat Processing Facility One space per employee
Stables, Commercial One space per three horses (or other equine) kept on site
Stockyards / Livestock Markets
One space per employee plus one space per 4 spectator seats OR
one space per employee plus one space per 50 square feet of event
area, whichever is greater
ADULT AND CHILD CARE AND & EDUCATIONAL FACILITIES
Adult and Child Care Facilities One space per staff member and one space per five childrenclients
Adult Daycare Home and Daycare Center in
a Residence One space per staff member and one space per five childrenclients
Schools: Elementary, Middle &
SecondaryPrepatory
One space per staff member
One space per staff member and
One space per four students
Schools: VocationalTechnical, Trade, and
Skill Training One space per two students
Schools: Dance, Art & Music62 One space per four students
Universities, Colleges and Institutes One space per three students at design capacity of building(s)
Libraries One space per four seats 400 square feet of net floor area open to
the public for use
Senior Center One space per staff member and one space per 400 square feet of
gross floor area
Adult and Child Care Facilities Not listed One space per staff member and one space per 400 square feet of
net floor area serving clients
Construction/Contractor Offices
Construction/Contractor Office
One space per 300 square feet of floor area. If equipment/work
vehicles are stored on-site one space for each individual
vehicle/piece of equipment shall be required.
COMMERCIAL SERVICE USES
Adult Uses One space per 200 square feet of gross floor area
62 These land uses were merged into the new Schools: Technical, Trade, and Skill Training land use category.
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TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Banks & Financial Institutions63 One space per 200 square feet of gross floor area; plus five stacking
spaces per drive-in window
Beauty & Barber Shops; Body Art ; Day
Spa; Massage ; Nail Salons ; Tanning
Salons
One space per 200 square feet
Café/Coffee Shop One space per employee and one space per four seats
Clubs or Lodges; Social ; Faternal or Union
Clubhouses59 One space per three members
Crematoria64 One space per employee
Community Center59 One space per 400 square feet of gross floor area
Country Store One space per 300 square feet of gross floor area
Drive-In Theaters no requirement
Diet/Weight Loss Center ; Funeral Homes One space per four seats
Garden Center with On Premise Sales One space per 300 square feet of gross floor area
Hotels, Motels, Motor Lodges One space per lodging unit, plus one space per employee
Junkyard/Salvage Yards One space per employee on shift of maximum employment
Kennels, Class II/Riding Stables One space per four pens or stalls
Laundry & Dry Cleaning Services One space per 300 square feet of gross floor area
Metal Fabrication Shop One space per employee
Microbrewery with Minor Events65 One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Microbrewery with Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Night Clubs, Bars, Pubs One space per four seats
Offices and Personal Services, Class
1Professional Offices66 One space per 300 square feet of gross floor area
Offices and Personal Services, Class 2 One space per 300 square feet of gross floor area
Offices and Personal Services, Class 3 One space per 300 square feet of gross floor area
Religious Facility One space per four seats
Repair Services (all categories): Electronic
& Appliance One space per 300 square feet of gross floor area
Restaurants: Carry Out 15 spaces plus one space per 50 square feet of gross floor area
Restaurants: Drive-In 15 spaces, plus one space per 50 square feet of gross floor area
Restaurants: General One space per four seats or one space for every 50 feet of floor area
for public use, whichever is greater
Retail trade, Class 1 One space per 300 square feet of gross floor area
Retail trade, Class 2 One space per 300 square feet of gross floor area
Retail trade, Class 3 One space per 200 square feet of gross floor area
Rural Guest Establishments: Bed &
Breakfast
One space per guest room, plus one space per employee, plus two
spaces for the residence
Rural Guest Establishments: Bed & One space per guest room, plus one space per employee, plus two
63 This is now captured in a new land use category entitled Financial Institutions.
64 The standard currently exists under the Miscellaneous parking and land use categories. It is being moved into
the Services category as part of this amendment process.
65 Moved to the Manufacturing, Assembly and Processing section.
66 As a reminder ‘professional office’ uses have been broken down into separate categories.
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TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Breakfast Inn spaces for the residence
Rural Guest Establishments: Country Inn
One space per guest room, plus one space per employee, plus one
space for every four seats in the restaurant, plus two spaces for the
residence (if applicable)
Sexually Oriented Businesses
Storage of Goods & Warehouse: Inside
Building One space per employee
Storage of Goods: Outdoor One space per employee
Taxidermy One space per 400 square feet of gross floor area
Tourist Home One space per lodging unit
Wholesale Sales One space per employee on shift of maximum employment
Winery with Minor Events67 One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
Winery with Major Events One space per employee plus one space per 300 square feet of
retail space one space per 50 square feet of event area
EXTRACTIVE USES
Extraction of Earth Products no requirement
FINANCIAL INSTITUTIONS
Financial Institutions
One space per employee per 200 square feet of gross
floor space. In the event the use includes drive-thru
facilities there shall be five staking spaces per individual
window provided
Bank Automated Teller Machine (ATM) – Stand Alone Five staking spaces per individual machine
GOVERNMENTAL USE
Governmental Protective ServicesFacilities
and Office Buildings One space per employee on the shift of maximum employment
Detention and Correctional Facilities One space per employee on the shift of maximum employment plus
one spacefor every eight inmates.
Police and Fire Stations no requirement
Military Installations
(National Guard & Reserve Armory) no requirement
MANUFACTURING, ASSEMBLY & PROCESSING
Industrial, Light One space per employee on the shift of maximum employment
Industrial, Medium One space per employee on the shift of maximum employment
Industrial, Heavy One space per employee on the shift of maximum employment
Metal Fabrication Shop One space per employee
Microbrewery, production only One space per employee
Printing and Lithography One space per employee
Sawmills One space per employee
Winery, production only One space per employee
Manufacturing, Assembly, and Processing
Land Uses One space per employee on the shift of maximum employment
67 Now included within the Manufacturing, Assembly, and Processing land use category.
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TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Manufacturing, Assembly, and Processing
Land Uses - with on-site events (minor and
major)68
In addition to the aforementioned standard for uses allowing on-site
events:
One space per employee plus one space per 300 square feet of
retail space and one space per 50 square feet of event area
MEDICAL USES
Health Services; Under 10,000 Square Feet One space per 300 square feet of gross floor area
Health Services; Over 10,000 Square Feet One space per 200 square feet of gross floor area
Hospitals One space per 4 four beds
Medical and Diagnostic Laboratories One space per employee
Mental Health and Substance Abuse
Centers
One space per employee and one space per 400 square feet of
treatment/housing area
Veterinary Clinic One space per employee plus one space per 300 square feet of
gross floor area
Veterinary Clinic, mobile One space per employee
Veterinary Hospitals One space per 200 square feet of gross floor area
Medical Uses Not listed One space per staff member and one space per 400 square feet of
net floor area serving clients
RECREATIONAL USES
Amusement Areas One space per 50 square feet
Athletic Field Ten spaces per field
Basketball Court Five spaces per court
Billiard or Pool Hall Two spaces per table
Botanical Gardens & Arboretums Two spaces per acre
Bowling Establishment Three spaces per lane
Camp / Retreat Center Five spaces for first two acres of recreation space and one space for
each additional acre thereafter
Golf Courses Two spaces per tee
Guest Ranch
One space per guest room, plus one space per employee.
Additional parking may be required based on facilities and uses
proposed.
Health Exercise Facility One space per 50 square feet
Pitch and Putt Courses Two spaces per tee
Shooting Ranges One space per target area
Skating Rink One space per 200 square feet
Subdivisions - Private Recreational Facilities Five off-street parking spaces for first two acres of each recreational
site plus one space for each additional acre thereafter Dedicated Recreational Land
Swimming Pool One space for every five patrons, based on maximum design
capacity
Soccer Fields, Ball Fields Eight spaces per acre
Tennis, Handball, Racquet Ball Courts Two spaces per court
Basketball Courts Five spaces per court
Picnic Shelter Area One space for every ten patrons, based on maximum design
capacity
68 While we are not ‘spelling out’ winery or microbrewery uses explicitly, staff has included references to
operations within the category permitted to have ‘events’ and the required parking standard associated with
same.
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TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Swimming Pool One space per 140 square feet
Tennis, squash, Handball or Racquet Ball
Court Two spaces for every court
Theater One space for evey four seats
Recreational Uses Not Listed
Once space per employee
One space for every 400 square feet of area devoted to recreational
activities.
RESIDENTIAL USES
Dwelling, Multi-family:
One space per dwelling unit
One and one-half space per dwelling unit
Two spaces per dwelling unit
Efficiency
One bedroom
Two bedroom
Dwelling, Single Family One space per dwelling unit
Dwelling, Two Family One space per dwelling unit
Family Care Facilities One space per three residents;
One space per employee on the shift of maximum employment
Group Care Facilities One space per two beds;
One space per employee on shift of the maximum employment
Membership Lodges (Sororities and
fraternities) One space per lodging resident member
Mobile Homes One space per unit
Orphanage ; Rehabilitative Care Facility One space per two beds;
One space per staff member
Rooming House One space per lodging unit
TEMPORARY USES
Buildings; Portable See appropriate uses
RETAIL
Retail One space for every 200 square feet of gross floor area
AUTOMOTIVE/TRANSPORTATION
Bus Passenger Shelters no requirement
Bus Terminals and Garages no requirement
Motor Freight Terminals One space per employee
Motor Vehicle Maintenance & Repair (Body
Shop) One space per each service bay and mechanic
Motor Vehicle Sales Rental (New and Used) One space per 400 square feet of gross floor area
Motor Vehicles Service Stations One space per each service bay and mechanic
Parking as Principle Use Surface or
Structure no requirement
Petroleum Products: Storage and
Distribution One space per employee
Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one
space per 800 square feet of gross floor area
UTILITIESTELECOMMUNICAITON FACILITIES
Telecommunication Facilities One space per site
UTILITIES
Public Utility Stations & Substations,
Pumping Stations, Switching Stations,
Telephone Exchanges
no requirement
Radio & Television Transmitting & Receiving no requirement
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TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Towers, Water Treatment & Sanitary
Sewage Treatment Plants, Elevated Water
Storage Tanks, Solar Arrays
Transmission Lines no requirement
WASTE MANAGEMENT
Landfills (2 acres or more) no requirement
Waste Management Facility, Hazardous and
Toxic One space per employee on shift of maximum employment
MISCELLANEOUS
Airport General Aviation One space per four air vehicles
Assembly Facility Greater than 300 One space per two seats
Assembly Facility Less than 300 One space per two seats
Cemetery no requirement
Church69 One space per four seats
Clubs or Lodges, Social70 One space per three members
Community Center One space per 400 square feet of gross floor area
Crematoria71 One space per employee
Research Facility72 One space per employee
Research Lands & Installations , Non-Profit no requirement
Rural Heritage Museum One space per 400 square feet of gross floor area
Rural Special Events One space per employee plus one space for 50 square feet of event
area
6.9.8 Determination For Unlisted Uses
The Planning Director shall make a determination of the minimum required off-street parking
spaces for uses not specifically listed in this Section. In reaching the determination, the Planning
Director may consider the following:
(1) Requirements for similar uses,
(2) The number and kind of vehicles likely to be attracted to the proposed use, and
(3) Studies of the parking requirements of such uses in other jurisdictions.
6.9.9 Fractional Results
When the number of parking spaces required by this Section results in a fractional space, any
fraction of less than one-half may be disregarded; a fraction of one-half or more shall be counted
as one parking space.
6.9.10 Off-Street Parking Design Standards
(A) Standard Parking Spaces
(1) Each parking space shall have a minimum area of 180 square feet and have a
minimum width of 9 feet.
69 Use moved to the Services land use category and renamed Religious Facility.
70 Moved to the Services land use category.
71 Moved to the Services land use category.
72 Use moved to the new Manufacturing, Assembly, and Processing land use category.
259
ARTICLE 10: DEFINITIONS
SECTION 10.1: DEFINITIONS
For the purpose of this Ordinance, certain terms and words are herein defined and interpreted as follows:
AASHTO
American Association of State Highway and Transportation Officials.
Accessory Structure
A structure that is located on the same lot as a principal structure and houses an accessory use.
Accessory Use
An activity that may or may not be listed in the Permitted Use Table, which is conducted in conjunction
with a permitted principal use, but constitutes only an incidental or insubstantial part of the total activity
that takes place on the lot and is customary and ancillary to the established principal use of property.
Accessory uses shall comply with all setback requirements for the district in which the use is located. For
example, an in-ground swimming pool is required to meet all applicable setbacks including any required
fencing around the physical pool, the concrete walkway around the pool, and any pump or utilities
associated with the operation of the facility.
Adult Arcade
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished or characterized by the depicting or describing
of Specified Sexual Activities or Specified Anatomical Areas.
Adult Bookstore
A bookstore:
(a) Which receives a majority of its gross income during any calendar month from the sale or
rental of publications (including books, magazines, other periodicals, videotapes, compact
discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are
distinguished or characterized by their emphasis on matter depicting, describing, or relating
to Specified Sexual Activities or Specified Anatomical Areas, as defined in this article; or
(b) Having as a preponderance (either in terms of the weight and importance of the material or in
terms of greater volume of materials) of its publications (including books, magazines, other
periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or
other imaging medium) which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas.
Adult Cabaret
A nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment that for
at least ten percent of its business hours in any day features:
(a) Persons who expose a Specified Anatomical Area; or
(b) Live performances that are characterized by the exposure of Specified Anatomical Areas or
by Specified Sexual Activities; or
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are
characterized by the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas; or
(d) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended
for the sexual interests or titillation of an audience or customers.
Adult and Child Care and Educational Land Use Category
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A land use category including industries, services, and activities associated the care and education of
adults and children including numerous, independent, land uses further defined separately herein.
Adult Daycare Home
An activity carried out in aA private residence, licensed by the State of North Carolina, for the supervised
care of no more than 16 adults providing activities such as meals, leisure and educational, and
socialization one or more days a week during specified daytime hours within a private residence. Clients
can includefor the elderly, individuals with physical and/or mental limitations, or individuals requiring
physical and/or psychological assistance. Overnight accommodation or specialized medical care is not
permitted.
Adult Daycare Facility
A non-residential facility, licensed by the State of North Carolina, for the supervised care of 17 or more
adults providing activities such as meals, leisure and educational, and socialization one or more days a
week during specified daytime hours for. Clients can include the elderly, individuals with physical and/or
mental limitations, or individuals requiring physical and/or psychological assistance.
Adult Escort
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another
person for the purpose of participating in, engaging in, providing, or facilitating Specified Sexual Activities.
Adult Escort Agency
A person or business that furnishes, offers to furnish, or advertises to furnish adult escorts as one of its
business purposes for a fee, tip, or other consideration.
Adult Merchandise
Any product dealing in or with explicitly sexual material as characterized by matter depicting, describing,
or relating to Specified Sexual activities or Specified Anatomical Areas.
Adult Motel
A hotel, motel or similar commercial establishment that offers accommodation to the public for any form of
consideration and:
(a) Provides patrons with closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions that are characterized by the depiction
or description of Specified Sexual Activities or Specified Anatomical Areas; and has a sign
visible from the public rights-of-way that advertises the availability of this adult type of
photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than six hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is
less than twelve hours.
Adult Patron
Any person who is physically present on the premises of a sexually oriented business and who is not an
owner, employee, agent, subcontractor, or independent contractor of said business, or any entertainer or
performer at said business.
Adult Video Store
A commercial establishment that, as one of its principal business purposes, offers for sale or rental for
any form of consideration any one or more of the following: books, magazines, periodicals or other printed
matter, or photographs, films, motion picture, video tapes or cassettes, video reproductions, CD-ROMs,
slides, or other visual representations which depict or describe Specified Sexual Activities or Specified
Anatomical Areas; or any combination thereof.
Agricultural Processing Facility, Community
A facility utilized for the processing of produce and/or other commodities produced by no more than 5
cooperative farm partners for the consumption of others (e.g. small canning operation); Activities shall
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include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw
produce but does not include processing of live animals (see Meat Processing Facility). May include
accessory retail sales of products processed on-site.
Agricultural Processing Facility
A facility utilized for the processing and packaging of produce and/or other commodities for transport to
off-site wholesale or retail establishments. Facilities may be utilized by farm-based producers,
restaurateurs, caterers, food entrepreneurs, and the like. Activities shall include, but may not be limited to,
canning, dehydrations, washing, cutting or basic preparation of raw produce prior to shipment but does
not include processing of live animals (see Meat Processing Facility). May include accessory retail sales
of products processed on-site.
Agricultural Services
Commercial activities offering goods and services which support production of agricultural products or
processing of those products to make them marketable. Examples include, but are not limited to, soil
preparation, animal and farm management, landscaping and horticultural services, specialized
commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden
products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith,
welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting
halls, storage of agricultural supplies and products, and processing plants for agricultural products
including wineries and canneries.
Agricultural Water Uses
The use of waters for stock watering, irrigation and other farm purposes.
Agritourism
A business directly related or incidental to agricultural activities occurring on the bona fide farm on which
it is located and conducted for the enjoyment or education of the public.
Airport (Heliport: S.T.O.L. Port), Air Carrier
A public airport served by a certified air carrier. This includes any runways, land areas or other facilities
designed or used for landing, taking off, processing passengers or cargo.
Airport, Commuter Service (Heliport: S.T.O.L. Port)
A public airport, not served by a certified air carrier, but is served by one or more commuter airlines which
enplaned 2500 or more passengers in the preceding calendar year.
Airport, General Aviation (Heliport: S.T.O.L. Port)
A public airport serving aviation other than airlines. This includes any runway, land area, or other facility
designed or used for the landing and taking off of small aircraft.
Anchoring
The fastening of the mobile home to its mobile home stand in order to prevent upset or damage due to
wind, erosion, flooding, or other natural forces.
Apparel Manufacutring, Assembly, and Processing
Establishments involving the cutting, sewing, and manufacture of garments in establishments that first
knit fabric and then cut and sew the fabric into ready-to-wear or custom apparel.
Appeal
A request from a review of an administrative interpretation of any provision of this Ordinance by the Board
of Adjustment.
Applicator
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Any person, firm, corporation, wholesaler, retailer, distributor, any local, state or federal governmental
agency, or any other person who applies fertilizer to the land of a consumer, or client, or to land they own,
or to land they lease or otherwise hold rights.
Area of special flood hazard
See “Special Flood Hazard Area (SFHA) Overlay District”
Assembly/Packaging Operation
Assembly and packaging of merchandise for distribution by mail or carrier.
Auditorium
A place of assembly to watch and/or to hear athletic events, musical performances, dramatic or dance
performances, speeches and/or ceremonies. The term is intended to include such uses as stadiums,
coliseums, athletic centers, theaters and arenas.
Automotive/Transportation Land Use Category
A land use category including industries, services, and activities associated with the provision of
transportation services, as well as realtedrelated support activities, for rail, water, and roadway transport.
This category does not include activities assocaited with air transportation such as airports/heliports
(public or private).
Bed and Breakfast Inn
See “Rural Guest Establishments.”
Banks, Savings and Loans, and Credit Unions
Establishments licensed to receive deposits and make loans.
Base flood
The flood having a 1% chance of being equaled or exceeded in any given year. It is often referred to as
the 100-year flood.
Base flood elevation (BFE)
A determination as published in the Flood Insurance Study of the water surface elevations of the base
flood. This elevation, when combined with the “Freeboard” (see definition) establishes the “Regulatory
Flood Protection” (see definition) elevation.
Basement
Any area of the building having its floor sub grade (below ground level) on all sides.
Best Management Practices (BMPs)
A structural or non-structural management-based practice used singularly or in combination to reduce
non-point source pollution to receiving waters in order to achieve water quality protection goals. (See
also, Detention Pond and Engineered Stormwater Controls) (Unless otherwise specified, “BMP”, when
used in this Ordinance, refers to structural BMPs.)
Biosolids
Solid, semi-solid, or liquid residue (sewage sludge) generated during primary, secondary or advanced
wastewater treatment processes of domestic sewage that is treated to state and/or federal standards for
beneficial use (such as land application as fertilizer).
Buffer
A screening device used to moderate the adverse impacts of one land use upon another. Buffers may
include walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the above.
Buffer, Stormwater
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A natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff
does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.
Building Definitions
(See Structure, Structural Alterations, Mobile Home, Recreational Vehicle.)
Building Height
The vertical distance measured from the mean elevation of the proposed or completed finished grade at
the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
Building Measurement Definitions
(See Building Height, Story, Residential Floor Area, Length of Wall.)
Built-Upon Area
That portion of a development project that is covered by impervious or partially impervious cover including
buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts)
etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
Building Wall
Any vertical surface of a building or structure (other than a pitched roof) that is integral to and could
reasonably be constructed as part of the architecture of the building when a sign(s) are not being
contemplated. Examples of building walls include but are not limited to: awnings, canopies, marquees,
the vertical portion of gable roofs, parapets, mechanical penthouses, etc.
Camp
A recreation use which may include locations for tents, cabins, or other recreational sleeping structures,
but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not-for-
profit corporation.
Canal
See “Ditch.”
Canopy, Service Station
A structure made of metal, aluminum, or other material intended to be free standing or affixed to a
building that serves as an overhang intended to shield persons from the elements while using the service
station.
Center in a Residence for 3 to 12 Children
A residence in which child care is provided, which is located on a public state maintained road, and which
provides child care for more than three but, no more than 12 children.
Cessation of Use
For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the
use of a structure or parcel of property. A use shall not be considered ceased if the use is being
marketed for sale or other forms of conveyance and documentation of such activities is provided.
Cemetery
A. A place where human remains are interred either in the ground or within a structure such as a
mausoleum. further broken down as follows:
Commercial Cemetery Cemetery - Commercial:
A land use involving theThe sale of space to an interested party allowing for the internment of human
remains.
Family Cemetery Cemetery - Family:
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A private cemetery on a parcel of property where human remains of the property owner’s family are
interred.
Cemetery, – Religious Facility:
An customary accessory use to a Religious Facility allowing for the internment of human remains for
members of same. Use must be located on the same parcel of proeprty as to qualify as being an
accessory use.
Channel
A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of
concentrated flowing water or a ditch or canal excavated for the flow of water.
Channel, Effluent
A discernable, confined, and discrete conveyance which is used for transporting treated wastewater to a
receiving stream or other body of water.
Chemical storage facility
A building, portion of a building, or exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
Child Care
A program or arrangement where three or more children less than 13 years old, who do not reside where
the care is provided, receive care on a regular basis of at least once per week for more than four hours
per day from persons other than their guardians or full-time custodians, or from persons not related to
them by birth, marriage, or adoption. Child care does not include the following:
a) Arrangements operated in the home of any child receiving care if all the children in care are
related to each other or no more than two additional children are in care;
b) Recreational programs operated for less than four consecutive months in a year;
c) Specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding,
gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups, or boys
and girls clubs;
d) Drop-in or short-term care provided while parents participate in activities that are not employment
related and where the parents are on the premises or otherwise easily accessible, such as drop-
in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or
churches;
e) Public schools;
f) Non-public schools described in Part 2 of Article 39 of Chapter 115C of the North Carolina
Statutes that are accredited by the Southern Association of Colleges and Schools and that
operate a child care facility as defined under Child Care Facility for less than six and one-half
hours per day either on or off the school site;
g) Bible schools conducted during vacation periods;
h) Care provided by facilities licensed under Chapter 110, Article 7 of the North Carolina General
Statutes;
i) Cooperative arrangements among parents to provide care for their children as a convenience
rather than for employment; and
j) Any child care program or arrangement consisting of two or more separate components, each of
which operates for four hours or less per day with different children attending each component.
Child Care Facility
Includes child care centers, and any other child care arrangement not excluded by General Statute 110-
86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not
operated for profit.
a) A child care center is an arrangement where, at any one time, there are three or more pre-school
children or nine or more school-aged children receiving child care.
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b) A family child care home is a child care arrangement located in a residence where, at any one
time, more than two children, but fewer than nine children, receive child care.
Church73
A structure in which persons regularly assemble for religious worship, which is maintained and controlled
by a religious body organized to sustain public worship.
Club or Lodge, Private
An establishment operated by a corporation or association of persons for social, recreational, fraternal or
charitable purposes, but which is not operated for profit or to render a service which is customarily
conducted as a business.
Cluster Development
A subdivision in which building lots are grouped together through a transfer of allowable density within the
subdivided tract. Cluster development permits more efficient development by creating lots with gross
land areas smaller than those required for conventional lot-by-lot development, yet maintains application
of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot
size reductions be reserved as permanent open space and/or recreation space.
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
Commercial-Industrial Transition Activity Node Land
Land near major transportation routes that could be provided with public water and wastewater services
and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office
and limited (not to exceed 25% of any Node) higher density residential uses.
Commercial Transition Activity Node Land
Land focused on designated road intersections within either a 10- or 20-year transition area that is
appropriate for retail and other commercial uses.
Common Area
A portion of a development not attributed to an individual lot or owner that is designed for the common
usage of the subdivision or development. These areas include Common Open Spaces, entry features,
subdivision facilities, mail kiosks, sidewalks, parking lots, and walkways. Construction and maintenance of
such areas is the responsibility of the homeowner’/property owners’ association.
Common Open Space
Privately held land area set aside, dedicated, owned, and maintained for common use, access, and
enjoyment of multiple owners. This type of open space is held within a defined lot or a defined easement
area. It may be either restricted to the owners via homeowner’/property owners’ association (HOA/POA),
or open to others as specified by the association.
Primary Open Space
These areas have sensitive environmental features and/or significant cultural resource areas, which
may make them legally or practically unbuildable. These areas are reserved for passive uses (e.g.,
forests, pastures, meadows) and low impact active uses (e.g., trails, natural observation).
Secondary Open Space
Secondary Open Space Areas have fewer restrictions with regard to location, allow more flexibility to
improve overall open space design, and have more active uses (e.g., community gardens,
playgrounds).
Active Open Space
73 Replaced with the term ‘Religious Facility’ and defined herein.
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Conditional Zoning District (CZD)
A specific floating zoning district with specific permitted uses, as detailed within this Ordinance..
Construction/Contractor Offices
An establishment supporting those land uses engaged in the construction of buildings or engineering
projects (e.g., highways and utility systems), the preparation of sites for new construction, or work
assocaited with additions, alterations, or maintenance and repairs to existing facilities or other similar
trade building work including plumbing, electrical, and heating/cooling services.
Controlled Access Highway
A state or city highway, or section thereof, especially designed for through traffic and over, from, or to
which highway owners or occupants of abutting property, or others, shall have only controlled right of
easement of access. For the purposes of this Ordinance, Controlled Access Highway shall be Interstate
85, Interstate 40, and any area located within the Major Transportation Corridor (MTC) overlay district.
Cooperative Farm Partner
A local farmer or producer of agricultural products who forms a business arrangement with other local
farmers and/or producers to collectively process, market, and/or sell agricultural goods. For the purpose
of this definition, “local” means Orange County and counties that share a border with Orange County.
Cooperative Farm Stand
An open-air facility for the retail sale of produce, agricultural products, and/ or plants produced on-site and
from not more than 4 other cooperative farm partners.
Country Store
An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of
merchandise, which must include locally produced products. For the purpose of this definition, “local”
means Orange County and counties that share a border with Orange County.
County
Orange County Government.
Custodial Care
A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in
meeting personal rather than medical needs, which is not intended to provide specific therapy as the
result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that
does not require the continuing attention or supervision of trained, medical, or paramedical personnel.
Cutoff Fixture
An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5% of the total light
emitted by the fixture is projected above the horizontal plane of the fixture.
Day Care
Any child care arrangement under which a child less than 13 years of age receives care away from his
own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are
not minors, guardians or full time custodians.
Day Care Facility
Any day care center or child care arrangement that provides day care for more than five children, not
including the operator’s school age children, under the age of 13, on a regular basis of at least once per
week for more than four hours but less than 24 hours per day, and those operating fewer than four hours
per day that provide care for more children per adult care giver than would be permitted in an AA State
licensed center, regardless of the time of day and regardless of whether the same children attend
regularly.
The following facilities are not included:
a) Public schools;
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b) Non-public schools whether or not accredited by the State Department of Public Instruction,
which regularly and exclusively provide a course of grade school instruction to children who are of
public school age;
c) Summer camps having children in full-time residence;
d) Bible schools conducted for no more than three weeks during vacation periods; and
e) Cooperative arrangements among parents who care only for their own children in an arrangement
as a matter of convenience rather than to enable any participating parent to be employed.
Day Care Home, Large74
A Day Care Facility located on a public state-maintained road, which provides day care for more than five
but fewer than 16 children, within a residence.
Dedication
A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is
entailed, dedication must be made by written instrument and is completed with an acceptance.
Designated Public Sewer Service Area
An area located within Orange County’s Primary Service Area in the Water and Sewer Management,
Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served
by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid,
or similar device, for construction of public sewer facilities).
Detention Pond
A engineered stormwater control consisting of a pond constructed and maintained in accordance with
Appendix A of this Ordinance, which allows for pollutants to settle and provides for the gradual release of
the impounded water. The detention pond is the Best Management Practice which must be used within
protected watersheds when engineered stormwater controls are required. (See also, Best Management
Practices and Engineered Stormwater Controls)
Development
Any constructed change to improved or unimproved real estate, including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials. Also includes any land-disturbing activity which adds to or changes the amount
of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of
precipitation into the soil.
Development, Existing
In the context of Stormwater provisions of this Ordinance for projects that do not require a State permit,
shall be defined as those projects that are built, or those projects that at a minimum have established a
vested right under North Carolina zoning law as of the effective date of Orange County’s Water Supply
Watershed Protection Ordinance, or such earlier time that other Orange County ordinances shall specify,
based on at least one of the following criteria:
a) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon
having received a valid Orange County approval to proceed with the project, or
b) Having an outstanding building permit in compliance with G.S. 153A-344.1 or G.S. 160A-385.1,
or
c) Having an approved site specific or phased development plan in compliance with G.S. 153A-
344.1 or G.S. 160A-385.1.
For projects that require a State permit, such as landfills, NPDES wastewater discharges, land application
of residuals, and road construction activities, existing development shall be defined as those projects that
are built or those projects for which a State permit was issued prior to August 3, 1992.
Development Intensity Definitions
74 We no longer allow this use.
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facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for
periods of less than one week shall be construed to be lodging units.
Mobile Homes and modular units are to be considered dwelling units under this definition.
EA
An Environmental Assessment.
EA, Completed
An Environmental Assessment that has been accepted by the Orange County Planning Department as
technically acceptable for purposes of this Ordinance.
EIS
An Environmental Impact Statement.
EIS, Completed
An Environmental Impact Statement that has been accepted by the Orange County Planning Department
as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being
reviewed for adequacy by the Orange County Planning Department.
Easement
A grant of rights by a property owner to another individual, group or governmental unit to make limited
use of a portion of real property for a specified purpose.
Economic Development Activity Node
Land in Transition areas of the County which has been specifically targeted for economic development
activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are
located adjacent to interstate and major arterial highways, and subject to special design criteria and
performance standards. Flex space typically includes one-story buildings designed, constructed, and
marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom,
manufacturing assembly or similar operations.
Efficiency Apartment
An additional dwelling unit accessory to a single family residence meeting the development criteria
outlined within this Ordinance.
Electronic Equipment Manufacturing, Assembly, and Processing
The manufacture of products powered by electricity including but not limited to appliances, computers,
commercial/industrial apparatuses, electrical components and accessories, electric transmission and
distribution systems, lighting/wiring components and accessories, power storage, and radio/televisions,
Elevated Building
A non-basement building, which has its reference level raised above ground level by foundation walls,
shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of
hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded
movement of floodwaters.
Encroachment
The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into
a floodplain, which may impede ore alter the flow capacity of a floodplain.
Engineered (or Structural) Stormwater Controls
A structural Best Management Practice (BMP) used to reduce non-point source pollution to receiving
waters in order to achieve water quality protection goals. (See also Best Management Practices and
Detention Pond) (Unless otherwise specified, “BMP”, when used in this Ordinance, refers to structural
BMPs.)
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Environmental Document
An EA, EIS, or FONSI, or all of them.
Environmentally Sensitive Areas
Land which is subject to special natural environmental conditions such as flooding that present significant
constraints to built development.
Equestrian Center
A facility designed and intended for the display of equestrian skills and the hosting of events including, but
not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian
disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic
trips per day, and may be held more frequently than once per month. A commercial stable may be
included on the site.
Existing Construction
Structures for which, the “start of construction” commenced before March 16, 1981. This term may also
be referred to as “existing structures.”
Existing manufactured home park or manufactured home subdivision
A manufactured home park or subdivision for which, for flood damage prevention purposes, the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) completed before March 16, 1981.
Extraction of Earth Products
The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter
from their original location. It does not include any processing of such material,including beyond
incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of
further processing.75
FONSI
A Finding of No Significant Impact. As pertaining to an EA or EIS.
Family
For purposes of this Ordinance, family shall be defined as an individual or two or more persons related by
blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five persons
who need not be related in a dwelling unit. A “family” may include five or fewer foster children.
Family Care Facility
A facility licensed by the appropriate state agency, as a family care facility for from one to six unrelated
individuals.
Family Day Care Home
A residence in which childcare is provided, which provides childcare for no more than three children.
Family Income
The gross annual sum of all income received by all adult members of the household, including:
a) Earned income from wages for all family members over the age of 18;
b) Income from assets;
c) Child support, alimony, Welfare payments, Social Security payments, including SSI, Worker’s
Compensation and Unemployment benefits;
d) Regular contributions and gifts;
e) Income from a business;
75 Modifications are being made to the definition to ensure consistency with proposed amendments to the Table of
Permitted Uses.
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f) Earned income tax credits;
g) Lump sum payments such as inheritance, insurance settlements, and proceeds from sale of
property; and
h) Income from absent military personnel who are considered family members of the household.
Farming
The use of land consistent with the State of North Carolina’s definition of farming, as contained in the
General Statutes.
Farm, Bona Fide
The use of land meeting the criteria for “Farm” as defined by the State of North Carolina in the General
Statutes.
Farm Equipment, Non-Farm Use of
Commercial use of the farm equipment for non-farming activities away from a bona fide farm. Examples
include grading services and landscaping services.
Farm Equipment Rental, Sales and Service
An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment,
including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other
large, heavy-duty types of equipment used in the construction or farming industries but not including
horse trailers, trucks, or other vehicles designed for use on public roads.
Farm Supply Store
An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm
supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products,
and the like may be an ancillary activity.
Federal Emergency Management Agency (FEMA)
The agency of the federal government chiefly responsible for studying and mapping flood plains and
developing guidelines limiting development therein.
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
Fertilizer
Any substance containing nitrogen or phosphorous which is used primarily for its plant food content.
Financial Offices
Estabishments primarily engaged in providing financial transaction services (transactions involving the
creation, liquidation, or change in ownership of financial assets) and/or in facilitating financial
transactions. Land uses include, but are not limited to: Credit Agencies and Institutions, Insurance
Carriers and Agents, Security and Commodity Brokers and Investment Offices, Credit/Charge Card
Issuing Agencies, and Mortgage Institutions other than Banks, Savings and Loans, and Credit Unions.
Financially Responsible Person
In regards to soil erosion and sedimentation control provisions, and party or entity who has financial or
operation control over a land-disturbing activity and/or the landowner or party/entity in possession or
control of the land who had directly or indirectly allowed a land-disturbing activity or had benefited from
such activity.
Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
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Group Care Facility
A facility licensed by the appropriate state agency, as a group care facility for from seven to fifteen
unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are
undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This
category includes group homes for all ages, half-way houses, foster and boarding homes. The following
shall not be eligible for admission to a group care facility:
a) Persons addicted to or recuperating from the effects of an addiction to drugs or alcohol;
b) Persons adjusting to non-prison life, including but not limited to, pre-release, work release,
probationary programs and juvenile detention centers.
Group Development
One or more principal structures built on a single lot, tract or parcel of land and designed for occupancy
by more than one separate family, firm, business or other enterprise.
Guest Ranch
A rural lodge providing overnight accommodations for transient guests seeking a vacation experience
characteristic to that of a rural ranch; onsite facilities may include lodge or cabin accommodations, dining
facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing
holes and swimming facilities.
Habitable Rooms
Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms,
toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms,
and similar areas are not considered habitable rooms.
Hazardous Waste Management Facility
A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery,
or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North
Carolina Department of Environment and Natural Resources.
Health Services
Establishments of licensed practitioners, or licensed persons independently practicing a profession,
primarily engaged in rendering medical, surgical and other health related and allied personal care
services in the health field including, but not limited to: acupuncturist, chiropractor, dentists including
dental hygienists, dietitians, dialysis centers, family planning, homeopaths, inhalation/respiratory therapy,
mental health, midwife/doula offices, naturopaths, optometrist, outpatient surgical centers,
registered/licensed practical nursing offices, physical occupation and speech therapists, physicians, and
podiatrists (e.g. physicians, physical therapists).
Health and Personal Care Facility
Public or private health facilities, establishments, or institutions, providing housing for 16 or more people
where agedelderly, physically handicapped, or mentally impaired persons reside and are furnished with
meals and health/personal care on a continuing basis including but not limited to: convalescent homes,
nursing homes, rest homes, assisted living, sanatoria, or homes for the elderly.
High-Density Option
One of two approaches available for development in some watershed overlay districts. Generally, the
high-density option relies on density limits and engineered stormwater controls to minimize the risk of
water pollution.
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:
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A surface composed of any material that impedes or prevents the natural infiltration of water into the soil.
Such surfaces include concrete, asphalt and gravel surfaces. These include, but are not be limited to,
streets and parking areas, sidewalks, patios, and structures that cover the land.
Industrial, Light76
Manufacturing & processing operations that occur entirely indoors and have limited impacts on
surrounding properties, including, but not limited to, production of the following: food products (i.e.
commercial bakery, candy, and beverages, including bottling); surgical, medical and dental instruments;
wood cabinets, furniture and upholstery; light machinery, including household appliances; toys, sporting
and athletic equipment, excluding firearms and ammunition; and, paper products, such as bags,
containers, and cardboard.
Industrial, Medium
Manufacturing & processing operations that may occur indoors or outdoors and have limited impacts
beyond the boundaries of the zoning district, including, but not limited to, the following: heavy household,
commercial and industrial appliances; manufactured homes, recreational vehicles and related
components; automotive, farm and construction machinery; and, commercial building components.
Industrial, Heavy
Manufacturing & processing operations with a greater potential to impact surrounding properties, where a
majority or large component of the operation may occur in the open air. Such uses may include, but not
be limited to, the following: asphalt mixing plants; cement manufacturing or processing; commercial food
processing (packing and rendering) plants, including meat, poultry and fish; and, concrete mixing plants.
Infiltration
The absorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from
the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into
drinking water supplies.
Institutional Use
A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university,
or government owned or operated building, structure, or land used for public purpose.
Interested Person
For purposes of quasi-judicial hearings an interested person is one who has standing as that term is
defined by applicable North Carolina statutory and case law.
Junk Yard
An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or
dismantled products and articles, such as machinery, vehicles, appliances and the like.
Junked or Wrecked Motor Vehicles
Motor Vehicles which do not display a current license plate or a current registration sticker and which
either: (a) are partially dismantled or wrecked, or (b) cannot be self-propelled or moved in the manner in
which originally intended to move.
Kennel (Class I)
The keeping of more than six but less than 20 animals of any species, excluding domesticated livestock,
on a parcel of property for the purpose of showing, competition, hunting, or sport. All animals shall be
owned by the property owner.
Kennel (Class II)
76 These land use categories no longer exist. Allowable uses have been incorporated into the Manufacturing,
Assembly, and Processing land use category.
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Maintain
General servicing and upkeep to keep an object in a safe, operable, and attractive condition.
Major Development Project
Includes, but is not limited to, shopping centers, Conditional Use projects, and industrial and commercial
projects, but does not include any projects of less than two contiguous acres in extent.
Major Intersection
Any intersection where traffic generated by a development proposal will have a significant impact on the
operation of the intersection.
Manufactured Home
A dwelling unit, transportable in one or more sections that:
a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential
Building Code for One- and Two-Family Dwellings;
b) Is composed of one or more components, each of which was substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis,
c) Exceeds 40 feet in length and eight feet in width,
d) The manufacturer voluntarily files certification required by the Secretary of the Department of
Housing and Urban Development and complies with the standards established, and
e) Is built on a permanent chassis and designed to be used with or without a permanent foundation
when connected to the required utilities.
Manufactured home park or subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufacturing, Assembly, and Processing Land Use77
An establishment engaged in the mechanical, physical, or chemical transformation of materials,
substances, or components into new products. The including the assembling of component parts into a
final product can also be considered part of this category. Allowable acitvities shall also include
incidential research and development, administrative operaitonsoperations, or management services
assocaitedassociated with supporting the principal manufacturing, assembly, and processing activities.
Market Value
The building value, excluding the land, (as agreed to between a willing buyer and seller), as established
by what the local real estate market will bear. An independent certified appraisal can establish a market
value using: replacement cost depreciated by age of building (Actual Cash Value) or adjusted assessed
values.
Massage
The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, applied by hand,
arm, foot or mechanical device.
Massage Business
Any establishment or business wherein massage is practiced, including establishments commonly known
as health clubs, physical culture studios, massage studios and massage parlors.
Massage, Business Of
The massage or treatment of any person for a fee or in expectation of a gratuity from the person
massaged.
Massage, Profession Of
See "massage, business of".
77 Revised definition of the new land use category to ensure proper reference to allowed activities.
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Massage Practitioner
Any person engaged in the business or profession of massage.
Medical Uses Land Use Category
A land use category including establishments providing health care services/activities for individuals and
animals. Establishments in this category deliver services by trained provissionals and may be further
defined and/or classified by the educational and/or licensing requirements assocaitedassociated with the
practitioners assocaited with the category. Uses excluded include, but are not limited to: non-
medialmedical diet and weight management centers which are permitted under the Services Land Use
Category.
Mean sea level
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) as
corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical
control datum used as a reference for establishing varying elevations within the floodplain, to which Base
Flood Elevations shown on a Flood Insurance Rate Map (FIRM) are referenced. Refer to each FIRM
panel to determine datum used.
Meat Processing Facility, Community
A smaller scale facility where livestock or wildlife is slaughtered, processed, and packaged for personal
consumption and/or wholesale or retail sale. The livestock must be raised on the subject farm and from 1
to 4 other cooperative farm partners.
Meat Processing Facility, Regional
A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for
wholesale or retail sale.
Metal Fabrication Shop
A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale.
Microbrewery, production only
A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail
sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm
and using primarily crops produced on-site.
Microbrewery with Minor Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small
periodic events that are expected to attract fewer than 150 people to the site. Food services may be
permitted under the conditional zoning or special use permit approval.
Microbrewery with Major Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are
expected to attract more than 150 people to the site. Food services may be permitted under the
conditional zoning or special use permit approval.
Mobile Home
A dwelling unit that:
a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential
Building for One- and Two-Family Dwellings;
b) Is composed of one or more components, each of which is substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis for
placement on a temporary or semi-permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
c) Exceeds eight feet in body width and 32 feet in body length.
d) Is not certified by the Secretary of the Department of Housing and Urban Development.
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Mobile home shall also mean a double-wide mobile home.
Mobile Home, Accessory
A subordinate structure, the use of which is customarily incidental to the permitted use of the principal
buildings. Accessory uses include, but are not limited to:
a) Storage unit,
b) Office, and
c) Classroom facility.
The mobile home, as an accessory structure, must not create non-conforming yards or setbacks. The
installation of a mobile home, as an accessory structure, is exempt from the requirements set forth herein.
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
underskirting is required, connection to the required utilities (listed above) is optional.
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, also known as a body shop, where the following services are available:
a) Body work,
b) Straightening of body parts,
c) Painting,
d) Welding,
e) Storage of motor vehicles not in operating condition.
Motor Vehicle Repair Garage
An establishment where the following services are available: major mechanical repairs, including engine
overhaul, and transmission work. Repair garages can also offer services similar to service stations.
Motor Vehicle Service Station
An establishment where gasoline, diesel oil and/or other fuel for internal combustion engines is supplied
and dispersed at retail and where, in addition, the following services may be rendered and sales made
and no other:
a) Sale and servicing of spark plugs, batteries and/or distributors and ignition systems parts;
b) Sale, servicing and repair of tires, but not recapping or regrooving;
c) Replacement of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, windshield
wipers and blades, grease retainers, wheel bearings and the like;
d) Radiator cleaning, flushing and fluid replacement;
e) Washing and polishing supplies;
f) Greasing and lubrication;
g) Provision and repair of fuel pumps, oil pumps and lines;
h) Minor adjustment and repair of carburetors;
i) Adjustment and repair of brakes;
j) Emergency repair of wiring;
k) Minor motor adjustments not involving removal of the head or crankcase;
l) Sales of beverages, packaged foods, tobacco products and similar convenience goods for
customers, as accessory and incidental to the principal operations;
m) Provision of road maps and other travel information to customers;
n) Provision of restroom facilities; and
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Non-Residential Floor Area - Inclusions and Exclusions
The sum of areas for non-residential use on all floors of the building measured from the outside faces of
the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and
balconies, and below-grade floor areas used for non-residential access and storages. Not countable as
floor area are:
a) Open terraces, patios, atriums, or balconies.
b) Any residential space.
Non-Residential Land Area
All land for non-residential development and related uses, including open space, within the district in the
case of locations which are controlled by these regulations. Non-residential land area shall not be
construed to include lands not beneficial to non- residential use due to location or character, or areas
used predominantly for residential purposes.
Nursing Home
A facility, licensed by the appropriate state agency for the care of aged or infirmed individuals, that meet
the requirements set forth in this Ordinance.
Nutrient Sensitive Waters
Those waters which are so designated in the classification schedule in order to limit the discharge of
nutrients (usually nitrogen and phosphorous). They are designated by “NSW” following the water
classification.
Obstruction
Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across, or projecting into any watercourse, which may
alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
Office Use
A use of property for professional and clerical activities associated with the operation of a business.
Offices & Personal Services, Class 1
Offices and personal services that attract few customers or clients on premises other than employees,
generate low traffic volumes (< 100 trips/day), and have no adverse impacts beyond the space occupied
by the building.
Offices & Personal Services, Class 2
Offices and personal services that generate medium traffic volumes (100-400 trips/day), and have no
adverse impacts beyond the lot boundaries.
Offices & Personal Services, Class 3
Offices and personal services that generate high traffic volumes (> 400 trips/day), and have no adverse
impacts beyond the zoning district boundary.
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
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Outdoor Lighting, Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Outdoor Lighting, Lamp
The source of electric light: the bulb. To be distinguished from fixture and luminaire.
Outdoor Lighting, Lumen
A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of this
Ordinance, the lumen-output values shall be the initial lumen output ratings of a lamp.
Outdoor Lighting, Luminaire
The complete lighting unit or fixture consisting of a lamp, or lamps and ballast(s) when applicable,
together with the parts designed to distribute the light, including reflector, lens, or diffuser to position and
protect the lamps, and to connect the lamps to the power supply.
Outdoor Lighting - Mercury Vapor Luminaries
Lamps within which ultraviolet and yellowish-green to blue visible light is produced by an electric
discharge through mercury vapor.
Outdoor Lighting, Semi-Cutoff Fixture
An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Outdoor Lighting – Sodium Vapor Luminaries
Lamps within which ultraviolet and yellowish-orange visible light is produced by an electric charge through
a small amount of sodium and neon gas.
Outdoor Lighting, Tube Lighting
Gas-filled glass tube, excluding common fluorescent tube bulbs, that becomes luminescent in a color
characteristic of the particular gas used, such as neon, argon, krypton, etc.
Outdoor Lighting, Upward
Projection of light above the horizontal plane.
Overlay Zoning District; Overlay Zone
A special zoning district that applies supplemental standards in addition to the underlying zoning
requirements.
Package Treatment Plant
Privately owned and operated sewage treatment facility. These plants are prefabricated by the
manufacturer and delivered as completed units to the clients.
Parking Deck
A special structure of two or more levels designed to be used for the temporary storage of motor vehicles.
Petroleum and Coal Product Manufacturing, Assembly, and Processing Land Use
A use of property involving the The transformation of crude petroleum and/or coal into various products
including, but not limited to: asphalt plants including the production of paving, roofing, block, and coating
materials, coke oven products, oil/grease production, petroleum briquettes, jelly, and waxes, and
refineries, 78
78 Staff felt it necessary to provide additional detail on this proposed new use contained within the Manufacturing,
Assembly, and Processing land use category in order to clarify allowable activities.
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Pedestrian/Landscape Ratio
This is the minimum square footage of pedestrian access and landscaped areas in a non-residential
development for each square foot of gross land area.
Pedestrian/Landscaped Space
Pedestrian/landscaped space is part of total open space appropriately improved and located as outdoor
space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped
areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for
incidental service, maintenance or emergency actions.
Personal Services
An establishment engaged in providing services generally involving the care of the person (e.g.
hairdresser, tailor).
Phase of Grading
One of two types of grading: rough or fine.
Photovoltaic (PV)
Technology that converts light directly into electricity.
Portable Building
A building not intended for residential use consisting of one or more modules constructed off the ultimate
site of use and transported to that site.
Post-FIRM
Development for which construction started on or after March 16, 1981.
Pre-FIRM
Development for which construction started before March 16, 1981.
Pre-school
A class or program for children preceding kindergarten or other compulsory educational activities
provided by elementary schools. The term is synonymous with nursery school or pre-kindergarten. The
activity is currently listed as part of the School, Prepatory land use as contained within the Adult and Child
Care and Educational Facilities land use categoryPlease refer to School-Prepatory.
Premises
A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded
as a unit of real estate.
Principally Above Ground Structure
A structure whereby at least 51% of the actual cash value of the structure is located above ground.
Principal Structure
Any building or other structure occupied or used for the purpose of conducting the principal use of the
property.
Principal Use
A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary
and chief purpose for which a lot is used.
Professional ServicesOffices
Establishments that specialize in performing professional, scientific, and technical activities for others.
Examples include, but are not limited to, the following: advertising, accountants, architects, attorneys,
dentists, doctors, building inspection services, consultants, engineers, interior/exterior design, marketing,
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notaries, payroll services, property management, real estate agents, surveying/mapping services, and tax
preparation services and veterinarians.79
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.
Recreation 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.
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, electronic gaming, card/fantasy/board game rooms, skill activities including mazes,
problem solving exercises/scenariosgames/activities, bowling alleys, skating rinks (roller and ice),
shooting ranges, billiard and pool halls, paintball, rope/wall 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.
79 These deleted activities are captured in other land use categories.
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Rehabilitative Care Facility
A facility licensed by the appropriate state agency, as a group care facility for individuals who are
handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional
health care, adult supervision, or rehabilitation.
Religious Facility
A structure in which persons regularly assemble for religious worship, which is maintained and controlled
by a religious body organized to sustain public worship. The term includes, but is not limited to: church,
mosque, synagogue, tabernacle, and temple.
Remedy a violation
To bring the structure or other development into compliance with State and Orange County laws and
regulations.
Repair Services
A land use offering The the alteration, repair, mending, and/or servicing of goods without the retail of new,
used, or repaired goods. This land use category excludes, excluing engine and automotive
repair/maintenance activities., which are captured within the Automotive and Transportation land use
category, and is further defined below:
Clothing: Including, but not limited to: cobbler, dress maker, fur repair/cleaning, general garment
alteration/repair, leather garment repair including shoes, and tailor services.
Electronic and Appliance: Including, but not limited to: camera/camcorders, cellular phones, computers,
dvd/video cassette players, dishwashers, grills, photocopiers, radio, refregerators, stereo/phonographic
equipment, stoves/ranges, telephone/fax machines, televisions, two-way radio, and typewritters.
Personal and Household Goods other than Appliances: Including, but not limited to: china, clocks, cutlery
including sharpening, exercise and athletic equipment, furniture repair including reupholstery services,
gun repair and maintenance, jewelry including watches, key duplicating, and musical instruments
including tuning, ,
Repetitive loss
Flood-related damages sustained by a structure on two separate occasions during any ten year period for
which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of
the market value, or the tax value in the absence of recent comparative sales, of the structure before the
damage occurred.
Research Facility
An enclosed structure which accommodates research and research applications. Facilities may include
laboratories, offices, and other facilities for research and development, as well as prototype production
facilities for product creation. Prototype production shall be limited in scale to that necessary to fully
analyze the merits of the product
Research and Manufacturing Facility
An enclosed structure which accommodates research and research applications as well as related light
industrial uses. Facilities may include laboratories, offices, other facilities for research and development,
and production facilities. The use falls within the Manufacturing, Assembly, and Processing land use
category.
Reservoir, Class I
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped directly to a treatment plant or to a small
intervening storage basin and thence to a treatment plant.
Reservoir, Class II
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a) Foods and beverages within the restaurant building, within a motor vehicle parked upon the
premises, or at other facilities on the premises outside the building, is posted as being prohibited
and such prohibition is strictly enforced by the restaurateur.
b) Foods and beverages are usually served in edible, paper, plastic or other disposal containers.
Restaurant, Drive-In
An establishment whose principal business is the sale of food, and beverages to the customer in a ready-
to-consume state, and whose design, method of operation, or any portion of whose business includes
one or both of the following characteristics:
a) Food and beverages are served directly to the customer in a motor vehicle by a carhop or by
other means which eliminate the need for the customer to exit the motor vehicle.
b) The consumption of foods and beverages within a motor vehicle parked upon the premises, or at
other facilities on the premises outside the restaurant building, is allowed, encouraged or
permitted.
Retail, Class 1
Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail
order houses, where no adverse impacts occur beyond immediate space occupied by the building;
operations are designed to attract & serve few customers or clients on premises other than employees of
the principle use; there is a low volume of traffic generated (0-200 Trips/Day); and all operations are
conducted entirely within a fully enclosed building with no outside storage.
Retail, Class 2
Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail
order houses, where no adverse impacts occur beyond the boundaries of the lot where the use is located
and there is a medium volume of traffic generated (200-800 Trips/Day).
Retail, Class 3
Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail
order houses, where no adverse impacts occur beyond the boundaries of the zoning district and there is a
high volume of traffic generated (more than 800 Trips/Day).
Retail Use
An establishment focused on selling goods or merchandise to the general public for personal or
household consumption and the rendering of services incidental to the sale of merchandise.
Retreat Center
A new or existing facility operated by a corporation or association of persons or churches for social and
recreational purposes. A retreat center may be owned by a profit or not-for-profit corporation.
Retrofitting
Measures, such as flood proofing, elevation, construction of small levees, and other modifications, taken
on an existing building or its yard to protect it from flood damage.
Riding Stable
An establishment for boarding, breeding, training or raising of horses, ponies, mules, and/or donkeys for a
fee; and/or rental of horses, ponies, mules, and/or donkeys for riding, driving, and/or instruction. Exercise
rings shall be considered accessory uses to a commercial stable. Smaller scale events, such as horse
shows expected to generate less than 80 traffic trips per day, may be held no more often than once per
month. The operator of a commercial stable may reside on the property to ensure the continuous care of
animals kept on the site.
Riparian Area
An area that is adjacent to a body of water.
Riverine
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Land in the rural areas of the County that is an appropriate location for low intensity and low density
residential development which are not dependent on urban services.
Rural Special Event
A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to
attract more than 20 people at any given time.
Salvage yard80
Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether
industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery.
Saw Mill
A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood
products; not including the processing of timber for use on the same parcel of property.
School – Preparatory
Land use(s) engaged inA facility furnishing academic courses and associated course work designed to
satisfy curriculum requirements/standards established by the State of North Carolina Department of
Education including pre-school through 12th grade/pre-college activities provided by either public or
private institutions. The term includes pre-school, kindergarten, elementary/secondary and high schools,
schools for the mentally and/or physically disabled (pre-school through high school), military academies
(pre-school through high school), schools for the deaf or visually impaired, and alternative schools.
School – Technical, Trade, and Skill Training
Land use(s) engaged in offering a variety of technical, trade, vocational and skills training further defined
below:
A. Community College: A non-residential institution, also known as a junior college, typically
supported in part by local government funds providing higher education and lower-level tertiary
education to students and granting certificates, diplomas, and/or associate degrees. A
Community College may also offer non-degree track specific continuing education courses.
B. Continuing Education: Short or part-time educational courses including, but not limited to:
brewing, diction, exam and tutoring services, language including English as a second language
courses, math, personal development, professional continuing education, reading, self-defense,
and survival training.
C. Performing/Fine Arts: Instruction/training in the arts including, but not limited to: art/artisans
(except commercial and graphic) instruction, dance instruction including studios, drama/theater,
music, fine art schools, photography, sculptors, and other performing arts.
D. Sports and Recreation: Instruction/training in athletic activities to groups of individuals including,
but not limited to: cheerleading, gymnastics, martial arts, sports (i.e. baseball, basketball, bowling,
football, golf, hockey, tennis, soccer) instruction, professional sports instructors not participating
in sporting events, skiing, and swimming/scuba instruction.
E. Trade: Also known as Vocational Schools, offering vocational and technical training in a variety of
subjects and trades, which may or may not include the use of simulators and simulation methods.
Activities include, but are not limited to: acupuncture, apprenticeship training programs, aviation
and flight training, bartending, broadcasting, brokerage, computer training including repair,
cosmetology/barber, culinary arts/cooking schools, glass blowers, graphic acts, dental technician,
driving instruction including automotive, trucks and heavy equipment, electronic equipment repair,
health aide training, hospitality management, massage/physical therapy, mechanic, medical
technician including transcription, modeling, nursing, personal fitness training, photography,
police training, real estate, security guard, silversmiths, weaving, and wood and leather crafting.
Semi-Cutoff Fixture
80 Use is recommended to be combined with the existing Junkyard land use.
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An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Senior Center
A non-residential community or neighborhood facility for the organization and provision of services
including health, social, nutritional and educational services and a facility for recreational and group
activities for older persons.
Septic, Off-Site
An off-site system is a wastewater system as defined in GS 130A-334(15) where any components of the
systems serving two or more facilities are located on property other than the building lot that is under
common ownership or control. This approval does not apply to a wastewater system entirely contained on
multiple adjoining lots or tracts of land under common ownership or control which are considered a single
system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC 18A .1938(j).
Septic System, Alternative
Any approved ground absorption sewage treatment and disposal system other than an approved privy or
an approved septic tank system.
Septic Tank System
A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field.
Services Land Use Category
A land use category including establishments/activites providing for the personal care and/or needs of
individuals and animals. Uses excluded medical care/health services which are permitted under the
Medical Uses Land Use Category.
Setback
Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure
from thirty inches above the general ground level of the graded lot upward, except as specifically provided
in these regulations; provided, however, that fences and walls may be permitted in any setback subject to
height limitations established generally or for the district and, further provided that poles, posts and other
customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of light and air across the setback or violate provisions
of these or other regulations regarding visibility.
Sexually Oriented Devices
Any artificial or simulated Specified Anatomical Area or other device or paraphernalia that is designed
principally for Specified Sexual Activities but shall not mean any contraceptive device.
Sexually Oriented Business
A business which offers its customers or adult patrons any device, activity or demonstration depicting
Specified Sexual Activities , or which is intended to appeal to sexual interests, titillation or arousal of the
customer or adult patron. A sexually oriented business shall include an adult establishment as in NCGS §
14-202.10(2) and, in addition, without limitation shall include: Adult Arcade, Adult Bookstore, Adult Video
Store, Adult Cabaret, Adult Motel, and Adult Escort Agency.
Sign
Any letter, figure, character, mark, plane, point, marquee, design, poster, pictorial, picture, stroke, stripe,
line, trademark, reading matter, or illuminated surface which is constructed, placed, attached, painted,
erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the
public to any place, subject, person, firm, corporation, public performance, article, machine, or
merchandise, which are displayed in any manner, including out-of-doors.
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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.
Theater
A building or outdoor area in which plays and other performances are given and/or viewed including, but
not limited to: comedy performances, dance companies, dinner theater, improvisational theater, motion
pictures, musicals including symphonies, operas, puppet, and plays.
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.
Tree, High Value
A tree that meets or exceeds the following standards: for pine species, 14” DBH or greater, or 18” or
greater stump diameter, and for hardwood or wetland species, 16” DBH or greater, or 24” or greater
stump diameter.
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