HomeMy WebLinkAboutORD-2018-021 UDO Text Amendment – Home Park Conditional Zoning District (HP-CZD) CorrectionsOrdinance # ORD- 2018 -021
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations eliminating references to the Mobile Home Park
Conditional Zoning District (MPD -CZD), and
Whereas, the County previously amended the UDO to change the name of the MHP -CZD
to Home Park Conditional Zoning District (HP -CZD), and
Whereas, references to the MPD -CZD still existing within the UDO, and
Whereas, the proposed amendment eliminates these inconsistent references, and
properly references the recently adopted HP -CZD, within the UDO, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective u on its adoption.
Upon o ion of Commissioner , seconded by Commissioner
I. the foregoing ordinance was adopted this day of
, 2018.
I, Donna S"aker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that t oregoing is a true copy of so much of the proceedings of said Board at a
meeting held u , 2018 as relates in any way to the adoption of the
foregoing a a r e dings are recorded in the minutes of the s id Board.
V4
WITNESS n _ e e I of said County, this dpy of )2018.
�rih �
Clerk to the Board of Commissioners
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations associated
with the maximum allowable acreage that can be zoned, as well as the permitted uses within,
Home Park Conditional Zoning District (HP -CZD).
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Red Str-i ro +1,..,,tig Text: Denotes existing text that staff is proposing to delete
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:
httu: / /www.oranizecountync.gov /departments /planning and inspections /ordinances.php
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
(D) A rezoning request to a Conditional District is a voluntary procedure that is intended for
firm development proposals.
3.8.3 Districts Established
(A) Conditional Zoning Districts
(1) Conditional Zoning (CZ) Districts are floating zoning districts, permitted within
most land use designations allowing for the development of specific land uses, in
accordance with established standards.
(2) A CZ requires the approval of a rezoning by the Board of County Commissioners,
approval of a site plan or Master Plan, and may include agreed -upon conditions
of development.
(3) The following CZ districts are hereby established:
(a) Agricultural Support Enterprises (ASE -CZ)
(b) Mobile Home Park (MHP -CZ)'
(c) Master Plan Development (MPD -CZ)
(d) NC Highway 57 Speedway Area Rural Economic Development Area
(REDA -CZ -1)
(4) Land uses permitted within CZ districts shall be those uses detailed within
Section 5.2 of this Ordinance.
(5) Development standards for each district are located in Article 6 of this Ordinance.
(B) Conditional Use Districts
(1) Conditional Use Districts allow for the development of a specific land use land
uses, listed on the Table of Permitted Uses in Section 5.2 of this Ordi nce, even
if such use is not listed as a permitted use or special use under t current
zoning designation of the subject property.
(2) nditional Use Districts shall conform to all applicable velopment regulations,
incl g uses, for the corresponding general use ing district, as well as any
specific standards and development stand s established in Articles 5 and
6 of this Ordi ce.
(3) A Conditional Use ict requires t approval of a rezoning by the Board of
County Commissioners, rov a site plan, the issuance of a Class A
Special Use Permit, and ma ' clude agreed -upon conditions of development.
3.8.4 Where Permitted
(A) Conditional Districts permitted in any Land Use cl ification and shall be located
consistent with th xis ing general development pattern a the objectives of the
adopted Co ehensive Plan and any adopted small area plan
(B) Condit' al Districts are permitted within areas subject to the Joint Pla ing Agreement
(JP between Orange County the Towns of Carrboro and Chapel Hill, su ' t to the
rms and standards of the JPA.
Conditional Districts are permitted within the University Lake, Cane Creek, and Upper
Eno Protected and Critical Watershed Overlay Districts.
1 Modifying the name of the Conditional Zoning District consistent with previously approved text amendments.
Orange County, North Carolina — Unified Development Ordinance Page 3 -63
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Tract size, min. /max. / 5/50
(acres)
The district shall be located in such a m ner as to be compatible
Tract Front Setback
40
with the character of existing develop nt of surrounding properties,
from ROW, min. (fe )
20
Tract Side Setb ck,
PURPOSE
min. (feet)
Tract Floor Ar Ratio,
The purpose of the Home Park nditional Zoning (HP -CZ) District
Tra/Rr Setback,
max
is to provide for the development o roperly located and planned
min
20
facilities for mobile home and tempor housing unit parks.
the relationship of the site d site development plan to adjoining
Required Open Space
Consistent with
Adequate housing is fundamental to the w fare of county residents; Vcrvidual Mobile Home
however, conventional housing is not consis tly affordable to, nor
Space Size, min.
5,000
desired by, all members of the general public. ere is also an
(square feet)
identified need to provide some level of flexibility transient
onsistent with
res ential uses in
residents who need to reside within the area on ate orary b is.
adjacent oning districts
DIMENSIO L STANDARDS NOTES:
Temporary Residential
[1] Two f t of additional height shall be allowed for one foot
Where properly regulated and located, Home Parks addre the
Unit Space Size, min.
2,000
public need for alternative housing and achieve a satisf for
(square feet)
relationship to adjoining and nearby property.
zo is
APPLICABILITY
Individual Space Width,
50
in. (feet)
The district shall be located in such a m ner as to be compatible
Heigh max. (feet)
25 [1]
with the character of existing develop nt of surrounding properties,
Consistent with
thus insuring the continued consery ion of building values and
encouraging the most appropriat se of land in the county.
Tract Floor Ar Ratio,
residential uses in
Therefore, when evaluating an plication for this district, emphasis
max
adjacent zoning districts
shall be given to the location f the proposed mobile home district,
the relationship of the site d site development plan to adjoining
Required Open Space
Consistent with
property, and the develo ent itself.
Ratio, min.
residential uses in
djacent zoning districts
Required Livability
onsistent with
res ential uses in
Space Ratio, min.
adjacent oning districts
DIMENSIO L STANDARDS NOTES:
[1] Two f t of additional height shall be allowed for one foot
increas of the required front and side setbacks.
Required Recreation
Consis\usee
residentiadjacent
Space Ratio, min.
zo is
1
2
3
4
Uses shall be restricted to those indicated for the MHP -CZ District in Section 5.2. Additionally, non - residential uses are
restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.3 for
land use restrictions.
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.
The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which the
property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of individual
dwellings that can be located on a parcel of property).
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.
Orange County, North Carolina — Unified Development Ordinance Page 3 -67
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
5. See Section 5.5.4 for standards pertaining to Home Parks.
6. When a new home park is proposed to be located adjacent to an existing „ t =)i! > home park2, the Standards in Section
5.5.4 shall be met.
7. Each home space shall contain only one designated temporary or permanent residential unit. Efficiency Units are
prohibited within HP -CZ districts.
8. A Temporary Residential Unit shall be allowed within a given park for a maximum of 180 days.
9. All permanent residential units within a HP -CZD shall be designed and built to the appropriate State and Housing and
Urban Development (HUD) standards and shall be served by ermanent utility connections.
2 Staff is updating language to ensure consistent with previously approved changes.
Orange County, North Carolina — Unified Development Ordinance Page 3 -68
Article 5: Uses
Section 5.5: Standards for Residential Uses
An existing accessory structure which is larg an the
permitted size referenced in Section 5.5.3 2)(e)(iii)a
may be used for the home occupatio ovided that no
more than the permitted amount o quare feet is used
for the home occupation and area is physically
separated by walls or oth arriers. In order to qualify
as an existing access structure for the purpose of
conducting a hom ccupation, the structure must have
been construc to meet building code requirements
applicable a residential accessory structure, and must
have b n in existence for at least 36 months.
(iv) Use of O or Storage Space
a. Up to 5 square feet of outdoor storage area may be
permitted in njunction with major home occupations
provided that it i .
Clearly define n the site plan and on the
ground.
Setback standards for o oor storage space
shall be determined with the proved Special
Use Permit and in no case be le than 40 feet
from all property lines; and
Totally screened from the view from the ro
and from adjacent property in the same mann
required for accessory buildings.
5.5.4 Home Park
(A) Standards for HP -CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes and /or Temporary Residential Units, as defined by
this Ordinance, the following accessory structures and uses shall be permitted:
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings /facilities and areas serving only the Home Park in
which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the Home Park in which they are located.
(e) Storage buildings for individual Home Park Spaces and intended for the
exclusive use of the Home Park Space occupants shall be permitted.
Such accessory structures shall meet required setbacks from adjacent
structures.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents.
(g) Sales of mobile homes and /or Temporary Residential Units already
located on approved and established Home Park Spaces.
(2) Home Park Space Requirements
Orange County, North Carolina — Unified Development Ordinance Page 5 -40
Article 5: Uses
Section 5.5: Standards for Residential Uses
(a) A Home Park shall be divided into individual Home Park Spaces, each
Home Park Space having an area and width consistent with Section 3.8.
The Orange County Health Department may increase the minimum area
requirements for the park and /or individual Home Park Spaces where
necessary to be consistent with groundwater resources and /or the
limitations of providing sewage disposal systems for the proposed mobile
home park.
(b) Only one mobile home or Temporary Residential Unit and its customary
accessory buildings may be located within any Home Park Space at ne
time. Additional Efficiency Units or Temporary Residential Units s II not
be permitted within an occupied Home Park Space.
(c) The location of each Home Park Space must be at an elevati , distance
and angle in relation to the adjacent access drive or street s ch that
placement and removal of the mobile home or Temporary esidential
Unit is practical by means of customary moving equipm t.
(d) The surface of each Home Park Space and the area round it shall be
graded where necessary to provide proper drain ag and prevent the
accumulation of water.
Each Home Park Space shall have a solid ba surface consisting of at
least three inches of compacted fill dirt, crus er run or Chapel Hill gravel,
or paved slab, and it shall comply with tho a standards specified in the
fate of North Carolina Regulations for obile Homes and Modular
H sin . Prior to installation of the b e surface, all top soil shall be
rem ved from the area to be occupi d by the mobile home or Temporary
Resid tial Unit.
(3) Unit Separation Pkequirements
The following separa 'on r shall pertain to every mobile home and
Temporary Residentia t within home park.
(a) Each mobile hom or T mporary Residential Unit shall be located at
least 20 feet from a er mobile home or Temporary Residential Unit
and /or building wit e home park. For purposes of determining
separation requir ents, all attached structures, including storage
buildings, carp s and co red porches, will be considered part of a
mobile home r Temporary sidential Unit.
(b) Each mob' home or Tempora Residential Unit shall be located at
least 22 et from the right of way ' e or edge of pavement of an access
drive street providing access to th space on which the mobile home
or T porary Residential Unit is locat , whichever is greater.
(c) etached accessory structure located ' hin an individual Home Park
pace shall be located at least five feet fro any mobile home or
Temporary Residential Unit or other building.
(4) In,561lation of Individual Units
Mobile Homes
Mobile homes shall be set up and installed in abR
standards specified in the State of North Carolina
Code and other reaulations for Mobile Modular Hi
ordance with
"'Residential
(ii) The owner /operator of a home park shall designate a u iform
type of solid foundation enclosure or skirting fully enclosihq the
crawl space beneath each mobile home. Foundation enclo %an
or skirting must be installed in accordance with applicable
standards of the North Carolina State Building Code and, i
Orange County, North Carolina - Unified Development Ordinance Page 5 -41
(5)
Article 5: Uses
Section 5.5: Standards for Residential Uses
event, within 90 days of placement of a mobile home on a ile
home space.
(iii) Access shall be provided to all entrances of a ile home by
way of steps (including handrails) and sh a permitted and
installed in accordance with the stan s of the North Carolina
ate Buildin Code. Where the idents of a mobile home
cho to install decks adja t to entrances, the mobile home
will be r ired to have eps and handrails which meet the
standards o N Carolina State Building Code until the
decks are co d.
(b) Temporary Re ' ntial Units
(i) ch Temporary Residential shall be set up and installed in
accordance with standards specifie in the State of North
Carolina Regulations for Recreational icle RV Park Model
units.
(ii) Access to all entrances that are provided via perm ent porches
and /or steps to the unit shall be installed in accordance ith the
standards of the North Carolina State Building Code.
Vehicular Access for HP -CZ Districts
(a) Each individual space shall abut an improved access drive or street
approved by the County.
(b) No individual space shall have direct vehicular access to a street or
thoroughfare other than those located within the nee home park.
(c) The street layout within the Home Park should be appropriately related to
the topography, locations of abutting land uses, drainage patterns, street
function and other natural features of the site.
(d) The planned layout of streets should minimize overall length of streets
and provide for the safe, continuous flow of traffic.
(e) All streets shall be located within a 40 foot right of way
(f) The travelway for all streets shall be at least 18 feet in width and must
comply with the drainage standards established in this Ordinance.
(g) All streets shall be constructed with paved, all- weather surfaces
consisting of four inches of base material (crusher run) and 1 1/2 inches of
1 2 asphalt or tar and gravel surface treatment consisting of a minimum
of six inches of base material (crusher run) covered with alternating
layers of tar and pea sized gravel.
(h) Every street shall have a maintained six foot wide shoulder running
parallel and adjacent to each side of the paved street surface. The
shoulder section may be used for walkways, driveways, grass or low
growing vegetative ground cover or utility rights of way.
(i) The maximum length of a cul -de -sac shall be 800 feet. Cul de sacs shall
have a paved turnaround radius of 45 feet with a right of way radius of 55
feet.
(j) No street shall intersect another street at an angle less than 60 degrees.
(k) The turning radius at street intersections shall not be less than 30 feet.
(1) Offset intersections are to be avoided, but where permitted, they shall be
separated by a minimum distance of 200 feet between street center
lines.
Orange County, North Carolina - Unified Development Ordinance Page 5 -42
Article 5: Uses
Section 5.5: Standards for Residential Uses
(m) Streets intersecting with a State maintained street shall conform to the
standards of the North Carolina Department of Transportation specified
in Subdivision Roads Minimum Construction Standards.
(n) Required off street parking spaces must be surfaced with at least four
inches of compacted crushed stone or an all weather paved surface.
(6) Signs
(a) Any sign erected on -site shall comply with the standards established in
Section 6.12 of this Ordinance.
(b) Traffic control signs (stop, yield, speed limit, children playing signs, etc.)
meeting the standards of the Uniform Traffic Control Manual shall be
placed throughout the mobile home park where necessary. Cul -de -sacs
shall have `Dead End' street signs erected at the entrance to such
streets.
(7) Street Names, Signs & Addressing
(a) All street names shall be approved by the Orang/eCounty
ning
Department and Land Records staff.
(b) Street signs shall be located and constructed to standards and shall be installed outside the right
intersections.
(6)
(9)
(10)
(c) Each applicant shall submit to the Planning D partment and Land
Records for approval a space addressing s tem consistent with the
Orange County Addressing Ordinance. on approval of the home park,
the applicant shall submit an approved opy of the addressing plan to the
emergency services /fire protection a ncy responsible for providing such
services.
(d) E %andB e shall have a perm ent address sign erected in accordance
w
Or County Addr ssing Ordinance.
Grounds dings
(a) The grounds h;
but not limited
or similar materi
(b) Grounds, buildi
growth of ra e
Mail Facilities
II be Ointained free of litter, debris and trash, including
ab doned appliances, automobiles, building materials
an storage areas shall be maintained to prevent the
POISCR ivy, poison oak and other noxious weeds.
(a) Within ach HP -CZ district shall 'o\
in c pliance with the appropriate
sh I consult the appropriate agency
stem.
a clustered mail delivery system,
iI service guidelines. Applicants
the specific requirements of this
(b) Access to the mail delivery facility must bed igned to allow three to
four cars to stop at the mail delivery facility with \useof rom passing
vehicles.
Garbage & Refuse Collection
(a) All garbage and refuse shall be stored in suitabf and rodent
proof receptacles which shall be kept covered tti lids.
(b) A central collection system shall be provided ei a pri to
collection system for individual spaces or throuf bulk
containers (dumpsters).
Orange County, North Carolin a — Uni fied Development Ordinance Page 5 -43
Article 5: Uses
Section 5.5: Standards for Residential Uses
Where bulk containers are used, there must be at ne four cu c
ulk container for every 16 indivi aces, which shall be
emptied we ithin t - district, parks with fewer th 16
spaces shall ire ide one container.
containers shall be front loading where ticab A side -
loading container may be allowed where a front - loadin r is not
feasible and the property is accessible to a regular r to of a side -
loading refuse collection vehicle.
Where bulk containers are provided, a six inc einforced concrete pad
shall be provided to set the set container a also support the front
wheels of the truck during the loading op ation. The pad shall be 10
t in width and 20 feet in length with least 10 feet of the pad
acc ssible for the truck to drive onto ' front of the dumpster container
for fro loading pickup. If side to ing containers are used, the pad may
be 12 fe in width and eight fee deep with no projection for the truck
wheels.
(f) Bulk refuse co iners (d psters) shall be screened in accordance with
the provisions of ctio 6.8.9 of this Ordinance.
(11) Operations
Each applicant shall sub it to the range County Planning Department tenancy
rules and regulations verning the eration of the Home Park.
(12) Recreation Areas nd Facilities
Recreation are shall be provided in accor nce with the Land Use Intensity
System inclu ed in Sections 6.3 and 7.11 of th' Ordinance.
(13) Buffers d Landscaping
(a) All spaces must be located at least 100 feet fr any property line, not
including street right -of -ways, regardless of the ning district. The
disturbance of land within the 100 foot buffer is pro 'bited.
(b) Existing vegetation within the 100 foot buffer must be r ained and
additional plantings may be required to meet the Type F ffer
standards, established in Section 6.8.6 of this Ordinance, a g the
perimeter of the site.
(c) Spaces must be set back 40 feet from a public street right -of -way.
disturbance of land and existing vegetation within the setbac a is
prohibited and additional plantings may be required et the
dards for a Type C buffer.
(14) Utilities
(a) All utility installa ' s alrcomplly with applicable building and health
codes o nge County and the S North Carolina, and the
irements of the North Carolina Utilities sion.
(b) Temporary Residential Unit utility services shall meet app is State of
North Carolina Building Code and HUD requirements.
(c) An adequate and safe potable water supply shall be required from either
a municipal or public water system. When a municipal or public system is
not available, the mobile home park must be serviced by a supply
approved in accordance with State and local regulations.
(d) An adequate and safe method of sewage disposal shall be required.
Collection systems, sewage treatment facilities, or individual septic tank
systems shall be approved in accordance with State and local
regulations.
Orange County, North Carolina - Unified Development Ordinance Page 5 -44
Article 5: Uses
Section 5.5: Standards for Residential Uses
(e) Street lighting shall be provided at each street intersection and
throughout the park. Where the distance between street intersections
exceeds 500 feet, additional street lights may be required.
(f) All permanent utility systems shall be located underground, and
easements necessary for water, sewer, gas, electrical, cable TV,
stormwater and other permanent or temporary utility systems and their
connection pedestals shall be shown on the home park plans.
5.5.5 Existing -Home Parks3
(A) General Standards of Evaluation
(1) Existing mobile Home Parks that do not meet the standards set forth
in this Ordinance shall be considered non - conforming.
(2) Existing Mobile -Home Parks that convert spaces or stalls to accommodate
Temporary Residential Units must meet applicable standards of this section and
Section 2.5.
(3) Non- conforming parks shall not expand in any way, beyond the existing
developed portions, but shall be allowed to remove and replace units existing
within the park at the time of adoption of this section.
(4) Only the replacement of units on an existing mobile home space shall be
permitted, provided the following conditions are met:
(a) The total number of units does not exceed the number existing at the
time that the mobile home park became non - conforming; and,
(b) The existing waste treatment system is functioning properly.
(5) Removal and replacement of such units shall not be considered expansion of the
non - conforming use.
(6) Newl mebile heme paFkG or portions of existing,_ mebole home p Home Parks
that have been previously approved, but have not constructed substantial
improvements, including, but not limited to, water systems, roads, parking areas,
recreational facilities and mobile home pads, or do not have sewage disposal
systems installed by the date of adoption of this section shall meet all applicable
standards feF new mobile home park -as set forth in this Ordinance.
5.5.6 Mobile Homes on Individual Lots
(A) General Standards of Evaluation
(1) Mobile homes, as principal residential buildings on individual lots, in existence at
the time of the adoption of this section may be improved by replacement of the
mobile home with another mobile home in accordance with the following:
(a) The number of mobile home units may not be increased beyond the
number in existence before replacement.
(b) The replacement mobile home must not create non - conforming yards or
setbacks.
(c) Replacement mobile home units on individual lots are not required to
meet lot area and dimensional or lot coverage standards, but must meet
setback requirements as well as those requirements specified in
Subsections (4) and (5) below, if applicable.
3 Existing definitions reference previously developed 'mobile home parks'. As a result there is no need to a
continuing reference within the UDO to a 'mobile home park' as a land use.
Orange County, North Carolina — Unified Development Ordinance Page 5 -45
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
(E) Natural Buffers
(1) If there is existing, healthy, natural vegetation in the area of a req id buffer, it
must be preserved. If the vegetation is removed for any reaso , other than in
Scit nce with an approved landscape and tree presery n plan, the
ns of the buffer shall be increased 50% and th umber of required
shall be increased 50 %.
(2) cal root zones of trees within the buffe ust be protected if the applicant
it for preservation of existing tre For example, if a required buffer
me 'onal width of 30 feet, an a critical root zone extends beyond the
the bu will be extended the edge of the critical root zone in the area
he tree.
(3) If necessary, a natural b will be supplemented with additional plantings in
order to meet the Con ucte Buffers standards established herein.
(F) Constructed Buffers
(1) If existing p tings are not sufficient to et the buffer standards established in
this Sec ' n, additional plantings shall be in Iled.
(2) Th lant units listed below will be considered co arable, and therefore
terchangeable, as set forth below.
( Option 2, Deciduous, shall not be permitted when the prop ed use is non-
residential and is proposed next to a residential district or use, less employed
with a wall, as set forth herein.
Orange County, North Carolina — Unified Development Ordinance Page 6 -41
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(E) Natural Buffers
(1) If there is existing, healthy, natural vegetation in the area of a req id buffer, it
must be preserved. If the vegetation is removed for any reaso , other than in
Scit nce with an approved landscape and tree presery n plan, the
ns of the buffer shall be increased 50% and th umber of required
shall be increased 50 %.
(2) cal root zones of trees within the buffe ust be protected if the applicant
it for preservation of existing tre For example, if a required buffer
me 'onal width of 30 feet, an a critical root zone extends beyond the
the bu will be extended the edge of the critical root zone in the area
he tree.
(3) If necessary, a natural b will be supplemented with additional plantings in
order to meet the Con ucte Buffers standards established herein.
(F) Constructed Buffers
(1) If existing p tings are not sufficient to et the buffer standards established in
this Sec ' n, additional plantings shall be in Iled.
(2) Th lant units listed below will be considered co arable, and therefore
terchangeable, as set forth below.
( Option 2, Deciduous, shall not be permitted when the prop ed use is non-
residential and is proposed next to a residential district or use, less employed
with a wall, as set forth herein.
Orange County, North Carolina — Unified Development Ordinance Page 6 -41
Article 6: Development Standards
Section 6.12: Signs
No person may continue to operate, maintain, or leave standing any s part or
nent thereof for more than 30 days after the permit au ing such sign has been
revoked in dance with this Section.
6.12.10 Maintenance
All signs, together with��b ��,guys and other suppo ll be kept in good repair. If at any
time a sign sh ee abandoned, declared unsafe, or deeme maintained, the Planning
Direc a I notify the owner of the sign of such condition. Failure of the ��r to correct the
aintenance condition shall cause the Planning Director to take appropriate legal a e �to have
the sign removed.
6.12.11 Sians Permitted in All Zoninq Districts
The following signs are permitted in all zoning districts with the issuance of a zoning compliance
permit, in accordance with the requirements of this Section and the additional standards for each
sign established herein:
(A) Permanent Identification Signs for Subdivisions, Multi- family Developments,
MebiiW Home Parks, and Schools
(1) Identification signs shall not exceed 32 square feet in area and six feet in height.
(2) Developments shall be limited to two signs at each point of ingress /egress.
(3) Signs shall be placed outside of the site visibility triangle so as not to obstruct the
view of traffic.
(4) Signs may be illuminated in such a fashion so as not to affect the view of
motorists.
(B) Signs for Non - profit Organizations on Premise
(1) Signs shall not exceed 12 square feet in area.
(2) Signs may not display any advertising matter or logo.
(3 Signs may not be illuminated.
(C) Off -Pre 'se Religious Facility Signs
(1) Signs all identify the name and /or location of a ligious facility.
(2) Signs sha of exceed six square feet in ar and may not be illuminated or
contain movin arts.
(3) Signs must be plac on a legal lot prrecord and the applicant shall provide a
notarized statement fro all own Rrs of property allowing the off - premise sign to
be erected on their prop e ere shall be only one off- premise religious facility
sign permitted per parcel d aximum of two per intersection.
(4) The placement of a o remise reli ' us facility sign shall be treated as an
accessory use of perty.
(D) Special Event Displ
(1) Signs or nners shall not exceed 32 square feet area.
(2) All i plays must be located outside of the right -of -way d have approval of
perty owners when located on private property.
(3) / Pennants
(a) Pennants may be displayed during the special event to attrac ttention
but only within 30 feet of the principal area where the special eve is
occurring.
Orange County, North Carolina — Unified Development Ordinance Page 6 -77
Article 6: Development Standards
Section 6.12: Signs
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
(A) On- Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On- premise commercial signs shall be permitted within the following zoning
districts: LC -1, NC -2, CC -3, GC -4, EC -5, O /RM, El, 1 -1, 1-2,1-3, AS, MPD -CZ,
AAHP -CZ, ASE -CZ, REDA -CZ -1 and all of the Economic Development zoning
districts.
(3) All on- premise commercial signs shall be setback ten feet from the front, side,
and rear property lines or the edge of any existing or projected street right -o ay
line whichever is greater. In cases where a property abuts a residential z ed
parcel of property, the side or rear yard setback requirement shall bed bled.
(4) Number of Signs Permitted
(a) One on- premise commercial sign shall be permitted pe arcel.
However, one additional on- premise commercial sig ay be permitted
for parcels with frontage on more than one right -of ay in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than on three - dimensional sign be
ermitted on -site.
(c) Fo ulti- tenant buildings and /or site ermitted as a conditional use or
con di ' nal zoning district, addition on- premise commercial signs or
sign are ay be permitted by t Board of County Commissioners.
(5) Height of Signs
(a) Pole signs shall limit e to a height of 24 feet with a mandatory ground
clearance of eight rom the normal or finished grade elevation of the
property at the bas he sign
(b) Ground signs s II not ex ed six feet in height from the normal or
finished grad elevation of th roperty at the base of the sign
(6) The allowable ar a for on- premise co ercial signs shall be determined as
follows:
(a) Si a or double -faced signs shall not a eed 32 square feet in area, per
n face. For parcels zoned CC -3, GC -4, /RM, 1 -1, 1 -3, AS, EDB -2,
EDE -2, EDH-4, EDH -5, and MPD -CZ signage hall not exceed 72
I quare feet in area for parcels that:
(i) Are larger than 60,000 square feet in area, d
(ii) Have more than 300 linear frontage along a NC epartment of
Transportation (NC DOT) maintained roadway.
(b) Three - dimensional signs shall not exceed a maximum volume 54
cubic feet with no dimension exceeding six feet.
Orange County, North Carolina — Unified Development Ordinance Page 6 -79
Article 8: Nonconformities
Section 8.9: non - Conforming Uses of Major Structures, or Structures and Premises in Combination
Plan Director shall cease within two years of the adoption of this Ordinance, or any amen
hereto, which—shall cause such uses to become non - conforming. Prior to termination, t lowing
limitations shall app
(A) There shall be nlargement, increased intensificat' r alterations to the use, its
permanent structure, o h.
(B) If the use ceases for more than 9 ecutive days or a total of 180 days in a one -year
period, subsequent use of th mises s conform to the district regulations.
(C) No such use shall ocated or moved to any portio he lot other than that occupied
at the time on- conforming status was created.
(D) ch land shall be subdivided nor any structure added, except for p es, and in a
manner, conforming to district regulations. However, subdivision which does no rease
the degree of nonconformity shall be permitted.
Non - conforming use of structures with a value higher than that stated in Section 8.8, or of such structures
and premises in combination, may be continued, provided that:
(A) Such uses may not be enlarged, extended, altered or replaced, except for a change to a
use permitted in the district in which located, except as provided in subsection (b) of this
section.
(B) A non - conforming use may be extended through portions of a building manifestly
arranged or intended for such use, but not otherwise, and shall not extend to occupy land
outside such building or any additional building not used for such non - conforming use at
the time that non - conforming status was established.
(C) If a non - conforming use ceases for more than 180 days in any two -year period,
subsequent use shall conform to the regulations of the district in which located.
(D) Individual mobile homes within mobile home r»rLcHome Parks, non - conforming under
this section, may be replaced with other individual mobile homes or dwelling units,
provided that the total number of units does not exceed the number existing at the time
that the mobile park became non - conforming.
(E) Individual mobile homes not located within mobile herne paFksHome Parks may be
replaced with other individual mobile homes or dwelling units provided that such
replacement does not increase the degree of non - conformity.
(F) Non - conforming buildings or uses or other development may not be enlarged, replaced,
or rebuilt unless such enlargement or reconstruction is accomplished conforming to the
provisions of this Ordinance.
However, nothing in this Ordinance shall prevent the repair, reconstruction, or
replacement of a building or structure existing on the effective date of this Ordinance and
located totally or partially within the floodway non - encroachment area, or stream setback,
provided that the bulk of the building or structure below the regulatory flood protection
elevation in the floodway, non - encroachment area, or stream setback is not increased
and provided that such repair, reconstruction, or replacement meets all of the other
requirements of this Ordinance.
A structure which is non -con due to noncompliance wit r more dimensional requirements
contained in Articles 3, 4, or 5 and whic i f permitted in the district in which located, may
remain, provided that:
n(A) An i ral change to the building shall not increase ee of nonconformity.
tructural changes which decrease or do not affect the degree of non it shall be
permitted.
Orange County, North Carolina — Unified Development Ordinance Page 8 -4
Article 10: Definitions
Section 10.1: Definitions
Home Occupa ,
An accessory business use, which is ow resident of residentially -zoned property,
and is c su ordinate to the es idential use o
Home Park
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5.4 for the placement of mobile homes /manufactured homes and Temporary
Residential Units for use during the duration of the lease. The term includes mobile home parks
developed under previous permitting requirements.
ome Park Space
A rcel of land occupied or intended to be occupied by one and only one Mobile Home or emporary
Resi ential Unit and for the exclusive use of the occupants of said dwellings.
Hotel, otel, Motor Lodge, Motor Inn, Inn, Tourist Court
A building o group of attached or detached buildings containing, in combination, t or more lodging
units, or ten o more dwelling units intended primarily for rental or lease to transi is by the day or week,
as distinguishe rom multi - family dwellings, rooming houses and residential h els in which rentals and
leases are for wee ly or longer periods and occupants are generally residen rather than transients.
Hotel, Residentia
A building or group of att hed or detached buildings containing, in c bination, ten or more lodging
units available for occupan only for periods of thirty days or longe , provided, however, that temporary
lodging units for guests of reg lar tenants may be provided in any esidential hotel, with number of such
units limited to 10% of the num r of tenant lodging units.
Immediate Neighborhood
A subdivision or area of the county whi distinguishes it rom other subdivisions or areas by virtue of its
location within the service area of a park 'te or sites a shown on the adopted "Recreation Service Area
Boundaries Map" on file in the Planning De rtment.
Impervious Surface
A surface composed of any material that impe es prevents the natural infiltration of water into the soil.
Such surfaces include concrete, asphalt an gravel rfaces. These include, but are not be limited to,
streets and parking areas, sidewalks, pa ti , and struc res that cover the land.
Industrial, Light
Manufacturing & processing operat' ns that occur entirely ind rs and have limited impacts on
surrounding properties, including ut not limited to, production o the following: food products (i.e.
commercial bakery, candy, and everages, including bottling); sur 'cal, medical and dental instruments;
wood cabinets, furniture and holstery; light machinery, including h sehold appliances; toys, sporting
and athletic equipment, ex ding firearms and ammunition; and, pape roducts, such as bags,
containers, and cardboar .
Industrial, Medi
Manufacturing & p cessing operations that may occur indoors or outdoors and ve limited impacts
beyond the bou aries of the zoning district, including, but not limited to, the follo ' g: heavy household,
commercial a industrial appliances; manufactured homes, recreational vehicles an related
components, automotive, farm and construction machinery; and, commercial building c mponents.
Indus ial, Heavy
Manu cturing & processing operations with a greater potential to impact surrounding properti , where a
ma j ity or large component of the operation may occur in the open air. Such uses may include, ut not
b imited to, the following: asphalt mixing plants; cement manufacturing or processing; commerci food
rocessing (packing and rendering) plants, including meat, poultry and fish; and, concrete mixing pla ts.
Orange County, North Carolina — Unified Development Ordinance Page 10 -19
Article 10: Definitions
Section 10.1: Definitions
Me ` Processing Facility, Community
A small'e cafe facility where livestock or wildlife is slaughtered, processed, and packa for personal
consumptio nd /or wholesale or retail sale. The livestock must be raised on the su ' ct farm and from 1
to 4 other coop tive farm: partners.
Meat Processing '"acility, Regional
A Larger scale faciiliity whe ivestock is slaughtered, processed, and p pared for distribution for
wholesale or retail' sale.
Metal Fabrication Shop
A faciliity that is engaged iin the shaping etal and si ' r materials for wholesale or retail sale.
Microbrewery, production only
A facility that produces less than 15,000 barr pe ear of craft malt beverages for wholesale or retail
sale and consumption off the premises. S be consi ed a bona fide farming use if located on a farm
and using primarily crops produced on- ' e.
Microbrewery with Minor vents
A facility that produces loss n 15,000 barrels per year of craft m everages for consumption on- or
off -site with limited hours r tours of the facility and tastings of the prod s produced on -site, and small
periodic events that a � expected to attract fewer than 150 people to the sit . ood services may be
permitted under th conditional zoning or special use permit approval.
Microbr ery with Major Events
A facili at produces Pess than 15,000 barrels per year of craft malt beverages for consu tion on- or
off -s' with tours of the facility, tastings of the products produced on -site, and periodic events at are
e ected to attract more than 150 people to the site. Food services may be permitted under the
condkional zoning or speciiall use permit approval.
Mobile Home
A dwelling unit that:
a) Is not constructed iii 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 pliant 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 im body width and 32 feet in body length.
d) Is flea - certified by the Secretary of the Department of Housing and Urban Development as
meeting applicable standards.
Mobile home shalli also mean a double -wide mobile home and shall be considered synonymous with the
term manufactured home..
e Home, Accessory
A smbordin tructure, the use of which is customarily incidental to the permitted use o principal
builWngs. Acces uses iinclbde, but are not limited to:
a) Storage unit,
b) Office, and
c) Classroom facility.
The mobile home, as any accessory structure, m of create non - conforming yards or setbacks. The
iinstallation of a mobile home, as an acce structur , ` exempt from the requirements set forth herein.
Skiirtiing is required, and the mobil me must be connected required utilities, which include the
plumbing, heating, air, con r:ng and electrical systems contained n, provided the unit is not
iinstalled for the pu , e of storage. The Orange County Health Departmen I determine what type of
sewage di s 'system iis appropriate. If the unit is installed for the purpose of sto only
un, irting is required, connection to the required utilities (listed above) is optional.
Orange County, North Carolina — Unified Development Ordinance Page 10 -29