HomeMy WebLinkAboutORC agenda 100213ORANGE 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, October 2, 2013
Ordinance Review Committee Meeting – 5:45 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on the proposed amendments before the items are placed
on a Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not
necessary for meetings of the ORC.
Because this meeting is starting earlier than usual ORC meetings, foods comprising a light
supper will be available for Planning Board members.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 3-46 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
TELECOMMUNICATION FACILITIES
To review and comment upon proposed revisions to the UDO
regarding Telecommunication Facilities. This amendment is in
response to Session Law 2013-185.
Presenter: Michael Harvey, Current Planning Supervisor
3. 47-70 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – BOARD
OF ADJUSTMENT OPERATION
To review and comment upon proposed revisions to the UDO related
to Board of Adjustment operation. This amendment is in response to
Session Law 2013-126.
Presenter: Michael Harvey, Current Planning Supervisor
4. 71-88 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – HOME
OCCUPATIONS
To review and comment upon proposed revisions to the UDO
regarding Home Occupation standards.
Presenter: Ashley Moncado, Special Projects Planner
1
No. Page(s) Agenda Item
5. 89-169 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
AGRICULTURAL SUPPORT ENTERPRISES
To review and comment upon proposed revisions to the UDO to
implement a program commonly referred to “Agricultural Support
Enterprises.”
Presenter: Perdita Holtz, Planning Systems Coordinator
6. ADJOURNMENT
2
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 2, 2013
Action Agenda
Item No. 2
SUBJECT: Review of Proposed UDO Text Amendments Related to Telecommunication
Facilities
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Outline Form
(UDO & Zoning 2013-04) and Session
Law 2013-185
2. Draft UDO Amendment Package
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon a Planning Director initiated UDO text amendment
package concerning the processing, review, and approval of applications for telecommunication
facilities.
BACKGROUND: Session Law 2013-185, adopted on June 26, 2013, has modified how local
governments process new telecommunication tower applications. There are also new standards,
and time limits, associated with the review of equipment change outs and antenna co-location(s) on
existing towers.
Staff is proposing to revise existing language within the UDO to ensure consistency with State law.
For additional background, and a copy of the Session Law, please refer to Attachment 1.
Attachment 2 contains the text of the proposed UDO amendment.
Various County staff are also currently reviewing the proposed amendments so there may be
changes made in response to any staff comments received.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Planning Director recommends the Board review and comment
on the proposed amendment package accordingly.
3
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-04
UDO Text Amendment(s) incorporating recent changes in State law concerning the
regulation of telecommunication facilities
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 5.10 Standards for Telecommunication Facilities inclusive of
the UDO to incorporate recent changes to State law with the
processing of new applications and equipment change out requests
for telecommunication towers.
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Attachment 1 4
2
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013-185, related to the processing and review of applications for new
telecommunication facilities or equipment/antenna change outs.
The Session Law, adopted on June 26, 2013 modifies establishes new criteria related to
the processing of applications, including:
1. Local governments can no longer require information concerning the specific
need for the proposed wireless support structure, including if the proposal
seeks to add additional wireless coverage or capacity, as part of the
application package.
2. Local governments cannot require ‘proprietary, confidential, or other business
information’ to justify the need for a new telecommunication facility.
3. Limits the fee local governments can collect for a consultant to review
applications for co-locations (i.e. equipment change out) to $1,000.00.
4. Mandates review timelines/deadlines for a local government to act on co-
location applications. The Session Law establishes a 45 day time limit on
review so long as the application is complete.
A copy of the Session Law can be found in at the end of this form.
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’.
The amendments are necessary to ensure our process is consistent with recent changes
in State Law.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
4. New Statutes and Rules
Session Law 2013-185 An Act to Facilitate the Deployment of Mobile Broadband and
other Enhanced Wireless Communication Services by Streamlining the Processes
Uses by State Agencies and Local Governments to Approve the Placement of
Wireless Facilities in their Jurisdictions (included at the end of this form).
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
5
3
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
October 2, 2013 – Planning Board Ordinance Review Committee (ORC) (BOCC
members can read agenda materials.)
November 5, 2013 – BOCC members approve the legal advertisement for the
November 25, 2013 Quarterly Public Hearing.
November 25, 2013 – Quarterly Public Hearing with this item on the agenda.
January 2014 - Receive Planning Board recommendation.
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
October 2, 2013 – Ordinance Review Committee (ORC).
December 4, 2013 – Recommendation
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
General Public:
Small Area Plan Workgroup:
Other: Staff will ask our current telecommunication consultant, the Center
for Municipal Solutions, to review and comment on the amendments.
This review is part of their existing contract with the County and will
6
4
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 for draft language, which is currently being reviewed by various
County staff members.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
not result in additional cost.
7
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-185
HOUSE BILL 664
*H664-v-6*
AN ACT TO FACILITATE THE DEPLOYMENT OF MOBILE BROADBAND AND
OTHER ENHANCED WIRELESS COMMUNICATIONS SERVICES BY
STREAMLINING THE PROCESSES USED BY STATE AGENCIES AND LOCAL
GOVERNMENTS TO APPROVE THE PLACEMENT OF WIRELESS FACILITIES IN
THEIR JURISDICTIONS.
The General Assembly of North Carolina enacts:
SECTION 1. Article 19 of Chapter 160A of the General Statutes reads as
rewritten:
"Part 3E. Wireless Telecommunications Facilities.
"§ 160A-400.50. Purpose and compliance with federal law.
(a) The purpose of this section is to ensure the safe and efficient integration of facilities
necessary for the provision of advanced mobile broadband and wireless telecommunications
services throughout the community and to ensure the ready availability of reliable wireles s
service to the public, government agencies, and first responders, with the intention of furthering
the public safety and general welfare.
(a1) The deployment of wireless infrastructure is critical to ensuring first responders can
provide for the health and safety of all residents of North Carolina and that, consistent with
section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. §
1455(a), which creates a national wireless emergency communications network for use by first
responders that in large measure will be dependent on facilities placed on existing wireless
communications support structures, it is the policy of this State to facilitate the placement of
wireless communications support structures in all areas of North Carolina. The following
standards shall apply to a city's actions, as a regulatory body, in the regulation of the placement,
construction, or modification of a wireless communications facility.
(b) The placement, construction, or modification of wireless communications facilities
shall be in conformity with the Federal Communications Act, 47 U.S.C. § 332 as amended,
section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. §
1455(a), and in accordance with the rules promulgated by the Federal Communications
Commission.
"§ 160A-400.51. Definitions.
The following definitions apply in this Part.
(1) Antenna. – Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
(2) Application. – A formal request submitted to the city to construct or modify
a wireless support structure or a wireless facility.
(2a) Base station. – A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio receivers, antennas, coaxial
cables, power supplies, and other associated electronics.
(3) Building permit. – An official administrative authorization issued by the city
prior to beginning construction consistent with the provisions of
G.S. 160A-417.
(4) Collocation. – The placement or installation of wireless facilities on existing
structures, including electrical transmission towers, water towers, buildings,
and other structures capable of structurally supporting the attachment of
wireless facilities in compliance with applicable codes.The installation of
8
Page 2 Session Law 2013-185 SL2013-185
new wireless facilities on previously-approved structures, including towers,
buildings, utility poles, and water tanks.
(4a) Eligible facilities request. – A request for modification of an existing
wireless tower or base station that involves collocation of new transmission
equipment or replacement of transmission equipment but does not include a
substantial modification.
(5) Equipment compound. – An area surrounding or near the base of a wireless
support structure within which a wireless facility is located.Equipment
enclosure. – An enclosed structure, cabinet, or shelter used to contain radio
or other equipment necessary for the transmission or reception of wireless
communication signals.
(5a) Fall zone. – The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
(6) Land development regulation. – Any ordinance enacted pursuant to this Part.
(7) Search ring. – The area within which a wireless support facility or wireless
facility must be located in order to meet service objectives of the wireless
service provider using the wireless facility or wireless support structure.
(7a) Substantial modification. – The mounting of a proposed wireless facility on
a wireless support structure that substantially changes the physical
dimensions of the support structure. A mounting is presumed to be a
substantial modification if it meets any one or more of the criteria listed
below. The burden is on the local government to demonstrate that a
mounting that does not meet the listed criteria constitutes a substantial
change to the physical dimensions of the wireless support structure.
a. Increasing the existing vertical height of the structure by the greater
of (i) more than ten percent (10%) or (ii) the height of one additional
antenna array with separation from the nearest existing antenna not to
exceed 20 feet.
b. Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable, adding an
appurtenance to the body of a wireless support structure that
protrudes horizontally from the edge of the wireless support structure
the greater of (i) more than 20 feet or (ii) more than the width of the
wireless support structure at the level of the appurtenance.
c. Increasing the square footage of the existing equipment compound
by more than 2,500 square feet.
(8) Utility pole. – A structure that is designed for and used to carry lines, cables,
or wires for telephone, cable television, or electricity, or to provide lighting.
(8a) Water tower. – A water storage tank, a standpipe, or an elevated tank
situated on a support structure originally constructed for use as a reservoir or
facility to store or deliver water.
(9) Wireless facility. – The set of equipment and network components, exclusive
of the underlying wireless support structure or tower, including antennas,
transmitters, receivers, receivers base stations, power supplies, cabling, and
associated equipment necessary to provide wireless data and wireless
telecommunications services to a discrete geographic area.
(10) Wireless support structure. – A new or existing structure, such as a
monopole, lattice tower, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless
support structure.
"§ 160A-400.51A. Local authority.
A city may plan for and regulate the siting or modification of wireless support structures
and wireless facilities in accordance with land development regulations and in conformity with
this Part. Except as expressly stated, nothing in this Part shall limit a city from regulating
applications to construct, modify, or maintain wireless support structures, or construct, modify,
maintain, or collocate wireless facilities on a wireless support structure based on consideration
of land use, public safety, and zoning considerations, including aesthetics, landscaping,
structural design, setbacks, and fall zones, or State and local building code requirements,
9
SL2013-185 Session Law 2013-185 Page 3
consistent with the provisions of federal law provided in G.S. 160A-400.50. For purposes of
this Part, public safety includes, without limitation, federal, State, and local safety regulations
but does not include requirements relating to radio frequency emissions of wireless facilities.
"§ 160A-400.52. Construction of new wireless support structures or substantial
modifications of facilities and wireless support structures.
(a) A city may plan for and regulate the siting or modification of wireless support
structures and wireless facilities in accordance with land development regulations and in
conformity with this Part. Except as expressly stated, nothing in this Part shall limit a city from
regulating applications to construct, modify, or maintain wireless support structures, or
construct, modify, maintain, or collocate wireless facilities on a wireless support structure
based on consideration of land use, public safety, and zoning considerations, including
aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building
code requirements, consistent with the provisions of federal law provided in G.S. 160A-400.50.
For purposes of this Part, public safety shall not include requirements relating to radio
frequency emissions of wireless facilities.
(b) Any person that proposes to construct a new wireless support structure or
substantially modify a wireless support structure or wireless facility within the planning and
land-use jurisdiction of a city must do both of the following:
(1) Submit a completed application with the necessary copies and attachments to
the appropriate planning authority.
(2) Comply with any local ordinances concerning land use and any applicable
permitting processes.
(c) A city's review of an application for the placement, construction,placement or
construction of a new wireless support structure or substantial modification of a wireless
facility or wireless support structure shall only address public safety, land development, or
zoning issues. In reviewing an application, the city may not require information on or evaluate
an applicant's business decisions about its designed service, customer demand for its service, or
quality of its service to or from a particular area or site. A city may not require information that
concerns the specific need for the wireless support structure, including if the service to be
provided from the wireless support structure is to add additional wireless coverage or additional
wireless capacity. A city may not require proprietary, confidential, or other business
information to justify the need for the new wireless support structure, including propagation
maps and telecommunication traffic studies. In reviewing an application, the city may review
the following:
(1) Applicable public safety, land use, or zoning issues addressed in its adopted
regulations, including aesthetics, landscaping, land-use based location
priorities, structural design, setbacks, and fall zones.
(2) Information or materials directly related to an identified public safety, land
development, or zoning issue including evidence that no existing or
previously approved wireless support structure can reasonably be used for
the antenna wireless facility placement instead of the construction of a new
tower,wireless support structure, that residential, historic, and designated
scenic areas cannot be served from outside the area, or that the proposed
height of a new tower wireless support structure or initial antenna wireless
facility placement or a proposed height increase of a substantially modified
tower,wireless support structure, or replacement tower,wireless support
structure or collocation is necessary to provide the applicant's designed
service.
(3) A city may require applicants for new wireless facilities to evaluate the
reasonable feasibility of collocating new antennas and equipment on an
existing wireless support structure or structures within the applicant's search
ring. Collocation on an existing wireless support structure is not reasonably
feasible if collocation is technically or commercially impractical or the
owner of the tower existing wireless support structure is unwilling to enter
into a contract for such use at fair market value. Cities may require
information necessary to determine whether collocation on existing wireless
support structures is reasonably feasible.
(d) A collocation application entitled to streamlined processing under
G.S. 160A-400.53 shall be deemed complete unless the city provides notice in writing to the
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Page 4 Session Law 2013-185 SL2013-185
applicant within 45 days of submission or within some other mutually agreed upon timeframe.
The notice shall identify the deficiencies in the application which, if cured, would make the
application complete. The application shall be deemed complete on resubmission if the
additional materials cure the deficiencies identified.
(e) The city shall issue a written decision approving or denying an application within 45
days in the case of collocation applications entitled to streamlined processing under
G.S. 160A-400.53 and under this section within a reasonable period of time consistent with the
issuance of other land-use permits in the case of other applications, each as measured from the
time the application is deemed complete.
(f) A city may fix and charge an application fee, consulting fee, or other fee associated
with the submission, review, processing, and approval of an application to site new wireless
support structures or to substantially modify wireless support structures or wireless facilities
that is based on the costs of the services provided and does not exceed what is usual and
customary for such services. Any charges or fees assessed by a city on account of an outside
consultant shall be fixed in advance and incorporated into a permit or application fee and shall
be based on the reasonable costs to be incurred by the city in connection with the regulatory
review authorized under this section. The foregoing does not prohibit a city from imposing
additional reasonable and cost based fees for costs incurred should an applicant amend its
application. On request, the amount of the consultant charges incorporated into the permit or
application fee shall be separately identified and disclosed to the applicant. The fee imposed by
a city for review of the application may not be used for either of the following:
(1) Travel time or expenses, meals, or overnight accommodations incurred in
the review of an application by a consultant or other third party.
(2) Reimbursements for a consultant or other third party based on a contingent
fee basis or a results-based arrangement.
(g) The city may condition approval of an application for a new wireless support
structure on the provision of documentation prior to the issuance of a building permit
establishing the existence of one or more parties, including the owner of the wireless support
structure, who intend to locate wireless facilities on the wireless support structure. A city shall
not deny an initial land-use or zoning permit based on such documentation. A city may
condition a permit on a requirement to construct facilities within a reasonable period of time,
which shall be no less than 24 months.
(h) The city may not require the placement of wireless support structures or wireless
facilities on city owned or leased property, but may develop a process to encourage the
placement of wireless support structures or facilities on city owned or leased property,
including an expedited approval process.
(i) This section shall not be construed to limit the provisions or requirements of any
historic district or landmark regulation adopted pursuant to Part 3C of this Article.
"§ 160A-400.53. Collocation and eligible facilities requests of wireless support structures.
facilities.
(a) Pursuant to section 6409 of the federal Middle Class Tax Relief and Job Creation
Act of 2012, 47 U.S.C. § 1455(a), a city may not deny and shall approve any eligible facilities
request as provided in this section. Nothing in this Part requires an application and approval for
routine maintenance or limits the performance of routine maintenance on wireless support
structures and facilities, including in-kind replacement of wireless facilities. Routine
maintenance includes activities associated with regular and general upkeep of transmission
equipment, including the replacement of existing wireless facilities with facilities of the same
size. A city may require an application for collocation or an eligible facilities
request.Applications for collocation entitled to streamlined processing under this section shall
be reviewed for conformance with applicable site plan and building permit requirements but
shall not otherwise be subject to zoning requirements, including design or placement
requirements, or public hearing review.
(a1) A collocation or eligible facilities request application is deemed complete unless the
city provides notice that the application is incomplete in writing to the applicant within 45 days
of submission or within some other mutually agreed upon time frame. The notice shall identify
the deficiencies in the application which, if cured, would make the application complete. A city
may deem an application incomplete if there is insufficient evidence provided to show that the
proposed collocation or eligible facilities request will comply with federal, State, and local
safety requirements. A city may not deem an application incomplete for any issue not directly
11
SL2013-185 Session Law 2013-185 Page 5
related to the actual content of the application and subject matter of the collocation or eligible
facilities request. An application is deemed complete on resubmission if the additional
materials cure the deficiencies indicated.
(a2) The city shall issue a written decision approving an eligible facilities request
application within 45 days of such application being deemed complete. For a collocation
application that is not an eligible facilities request, the city shall issue its written decision to
approve or deny the application within 45 days of the application being deemed complete.
(a3) A city may impose a fee not to exceed one thousand dollars ($1,000) for technical
consultation and the review of a collocation or eligible facilities request application. The fee
must be based on the actual, direct, and reasonable administrative costs incurred for the review,
processing, and approval of a collocation application. A city may engage a third-party
consultant for technical consultation and the review of a collocation application. The fee
imposed by a city for the review of the application may not be used for either of the following:
(1) Travel expenses incurred in a third-party's review of a collocation
application.
(2) Reimbursement for a consultant or other third party based on a contingent
fee basis or results-based arrangement.
(b) Applications for collocation of wireless facilities are entitled to streamlined
processing if the addition of the additional wireless facility does not exceed the number of
wireless facilities previously approved for the wireless support structure on which the
collocation is proposed and meets all the requirements and conditions of the original approval.
This provision applies to wireless support structures which are approved on or after December
1, 2007.
(c) The streamlined process set forth in subsection (a) of this section shall apply to all
collocations, in addition to collocations qualified for streamlined processing under subsection
(b) of this section, that meet the following requirements:
(1) The collocation does not increase the overall height and width of the tower
or wireless support structure to which the wireless facilities are to be
attached.
(2) The collocation does not increase the ground space area approved in the site
plan for equipment enclosures and ancillary facilities.
(3) The wireless facilities in the proposed collocation comply with applicable
regulations, restrictions, or conditions, if any, applied to the initial wireless
facilities placed on the tower or other wireless support structure.
(4) The additional wireless facilities comply with all federal, State and local
safety requirements.
(5) The collocation does not exceed the applicable weight limits for the wireless
support structure."
SECTION 2. Article 18 of Chapter 153A of the General Statutes reads as
rewritten:
"Part 3B. Wireless Telecommunications Facilities.
"§ 153A-349.50. Purpose and compliance with federal law.
(a) Purpose. – The purpose of this section is to ensure the safe and efficient integration
of facilities necessary for the provision of advanced mobile broadband and wireless
telecommunications services throughout the community and to ensure the ready availability of
reliable wireless service to the public, government agencies, and first responders, with the
intention of furthering the public safety and general welfare.
(a1) The deployment of wireless infrastructure is critical to ensuring first responders can
provide for the health and safety of all residents of North Carolina and that, consistent with
section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. §
1455(a), which creates a national wireless emergency communications network for use by first
responders that in large measure will be dependent on facilities placed on existing wireless
communications support structures, it is the policy of this State to facilitate the placement of
wireless communications support structures in all areas of North Carolina. The following
standards shall apply to a county's actions, as a regulatory body, in the regulation of the
placement, construction, or modification of a wireless communications facility.
(b) Compliance with the Federal Communications Act. – The placement, construction,
or modification of wireless communications facilities shall be in conformity with the Federal
Communications Act, 47 U.S.C. § 332 as amended, section 6409 of the federal Middle Class
12
Page 6 Session Law 2013-185 SL2013-185
Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), and in accordance with the rules
promulgated by the Federal Communications Commission.
"§ 153A-349.51. Definitions.
The following definitions apply in this Part:
(1) Antenna. – Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
(2a) Base station. – A station at a specific site authorized to communicate with
mobile stations, generally consisting of radio receivers, antennas, coaxial
cables, power supplies, and other associated electronics.
(2) Application. – A formal request submitted to the county to construct or
modify a wireless support structure or a wireless facility.
(3) Building permit. – An official administrative authorization issued by the
county prior to beginning construction consistent with the provisions of
G.S. 153A-357.
(4) Collocation. – The placement or installation of wireless facilities on existing
structures, including electrical transmission towers, water towers, buildings,
and other structures capable of structurally supporting the attachment of
wireless facilities in compliance with applicable codes.The installation of
new wireless facilities on previously-approved structures, including towers,
buildings, utility poles, and water tanks.
(4a) Eligible facilities request. – A request for modification of an existing
wireless tower or base station that involves collocation of new transmission
equipment or replacement of transmission equipment but does not include a
substantial modification.
(5) Equipment compound. – An area surrounding or near the base of a wireless
support structure within which a wireless facility is located.Equipment
enclosure. – An enclosed structure, cabinet, or shelter used to contain radio
or other equipment necessary for the transmission or reception of wireless
communication signals.
(5a) Fall zone. – The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
(6) Land development regulation. – Any ordinance enacted pursuant to this Part.
(7) Search ring. – The area within which a wireless support facility or wireless
facility must be located in order to meet service objectives of the wireless
service provider using the wireless facility or wireless support structure.
(7a) Substantial modification. – The mounting of a proposed wireless facility on
a wireless support structure that substantially changes the physical
dimensions of the support structure. A mounting is presumed to be a
substantial modification if it meets any one or more of the criteria listed
below. The burden is on the local government to demonstrate that a
mounting that does not meet the listed criteria constitutes a substantial
change to the physical dimensions of the wireless support structure.
a. Increasing the existing vertical height of the structure by the greater
of (i) more than ten percent (10%) or (ii) the height of one additional
antenna array with separation from the nearest existing antenna not to
exceed 20 feet.
b. Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable, adding an
appurtenance to the body of a wireless support structure that
protrudes horizontally from the edge of the wireless support structure
the greater of (i) more than 20 feet or (ii) more than the width of the
wireless support structure at the level of the appurtenance.
c. Increasing the square footage of the existing equipment compound
by more than 2,500 square feet.
(8) Utility pole. – A structure that is designed for and used to carry lines, cables,
or wires for telephone, cable television, or electricity, or to provide lighting.
13
SL2013-185 Session Law 2013-185 Page 7
(8a) Water tower. – A water storage tank, a standpipe, or an elevated tank
situated on a support structure originally constructed for use as a reservoir or
facility to store or deliver water.
(9) Wireless facility. – The set of equipment and network components, exclusive
of the underlying wireless support structure or tower, including antennas,
transmitters, receivers, receivers base stations, power supplies, cabling, and
associated equipment necessary to provide wireless data and wireless
telecommunications services to a discrete geographic area.
(10) Wireless support structure. – A new or existing structure, such as a
monopole, lattice tower, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless
support structure.
"§ 153A-349.51A. Local authority.
A county may plan for and regulate the siting or modification of wireless support structures
and wireless facilities in accordance with land development regulations and in conformity with
this Part. Except as expressly stated, nothing in this Part shall limit a county from regulating
applications to construct, modify, or maintain wireless support structures, or construct, modify,
maintain, or collocate wireless facilities on a wireless support structure based on consideration
of land use, public safety, and zoning considerations, including aesthetics, landscaping,
structural design, setbacks, and fall zones, or State and local building code requirements,
consistent with the provisions of federal law provided in G.S. 153A-349.50. For purposes of
this Part, public safety includes, without limitation, federal, State, and local safety regulations
but does not include requirements relating to radio frequency emissions of wireless facilities.
"§ 153A-349.52. Construction of new wireless support structures or substantial
modifications of facilities and wireless support structures.
(a) A county may plan for and regulate the siting or modification of wireless support
structures and wireless facilities in accordance with land development regulations and in
conformity with this Part. Except as expressly stated, nothing in this Part shall limit a county
from regulating applications to construct, modify, or maintain wireless support structures, or
construct, modify, maintain, or collocate wireless facilities on a wireless support structure
based on consideration of land use, public safety, and zoning considerations, including
aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building
code requirements, consistent with the provisions of federal law provided in G.S. 153A-349.50.
For purposes of this Part, public safety shall not include requirements relating to radio
frequency emissions of wireless facilities.
(b) Any person that proposes to construct a new wireless support structure or
substantially modify a wireless support structure or wireless facility within the planning and
land-use jurisdiction of a county must do both of the following:
(1) Submit a completed application with the necessary copies and attachments to
the appropriate planning authority.
(2) Comply with any local ordinances concerning land use and any applicable
permitting processes.
(c) A county's review of an application for the placement, construction, placement or
construction of a new wireless support structure or substantial modification of a wireless
facility or wireless support structure shall only address public safety, land development, or
zoning issues. In reviewing an application, the county may not require information on or
evaluate an applicant's business decisions about its designed service, customer demand for its
service, or quality of its service to or from a particular area or site. A county may not require
information that concerns the specific need for the wireless support structure, including if the
service to be provided from the wireless support structure is to add additional wireless coverage
or additional wireless capacity. A county may not require proprietary, confidential, or other
business information to justify the need for the new wireless support structure, including
propagation maps and telecommunication traffic studies. In reviewing an application the county
may review the following:
(1) Applicable public safety, land use, or zoning issues addressed in its adopted
regulations, including aesthetics, landscaping, land-use based location
priorities, structural design, setbacks, and fall zones.
(2) Information or materials directly related to an identified public safety, land
development or zoning issue including evidence that no existing or
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previously approved wireless support structure can reasonably be used for
the antenna wireless facility placement instead of the construction of a new
tower,wireless support structure, that residential, historic, and designated
scenic areas cannot be served from outside the area, or that the proposed
height of a new tower wireless support structure or initial antenna wireless
facility placement or a proposed height increase of a substantially modified
tower,wireless support structure, or replacement tower,wireless support
structure or collocation is necessary to provide the applicant's designed
service.
(3) A county may require applicants for new wireless facilities to evaluate the
reasonable feasibility of collocating new antennas and equipment on an
existing wireless support structure or structures within the applicant's search
ring. Collocation on an existing wireless support structure is not reasonably
feasible if collocation is technically or commercially impractical or the
owner of the tower existing wireless support structure is unwilling to enter
into a contract for such use at fair market value. Counties may require
information necessary to determine whether collocation on existing wireless
support structures is reasonably feasible.
(d) A collocation application entitled to streamlined processing under
G.S. 153A-349.53 shall be deemed complete unless the city provides notice in writing to the
applicant within 45 days of submission or within some other mutually agreed upon timeframe.
The notice shall identify the deficiencies in the application which, if cured, would make the
application complete. The application shall be deemed complete on resubmission if the
additional materials cure the deficiencies identified.
(e) The county shall issue a written decision approving or denying an application within
45 days in the case of collocation applications entitled to streamlined processing under
G.S. 153A-349.53 and under this section within a reasonable period of time consistent with the
issuance of other land-use permits in the case of other applications, each as measured from the
time the application is deemed complete.
(f) A county may fix and charge an application fee, consulting fee, or other fee
associated with the submission, review, processing, and approval of an application to site new
wireless support structures or to substantially modify wireless support structures or wireless
facilities that is based on the costs of the services provided and does not exceed what is usual
and customary for such services. Any charges or fees assessed by a county on account of an
outside consultant shall be fixed in advance and incorporated into a permit or application fee
and shall be based on the reasonable costs to be incurred by the county in connection with the
regulatory review authorized under this section. The foregoing does not prohibit a county from
imposing additional reasonable and cost based fees for costs incurred should an applicant
amend its application. On request, the amount of the consultant charges incorporated into the
permit or application fee shall be separately identified and disclosed to the applicant. The fee
imposed by a county for review of the application may not be used for either of the following:
(1) Travel time or expenses, meals, or overnight accommodations incurred in
the review of an application by a consultant or other third party.
(2) Reimbursements for a consultant or other third party based on a contingent
fee basis or a results-based arrangement.
(g) The county may condition approval of an application for a new wireless support
structure on the provision of documentation prior to the issuance of a building permit
establishing the existence of one or more parties, including the owner of the wireless support
structure, who intend to locate wireless facilities on the wireless support structure. A county
shall not deny an initial land-use or zoning permit based on such documentation. A county may
condition a permit on a requirement to construct facilities within a reasonable period of time,
which shall be no less than 24 months.
(h) The county may not require the placement of wireless support structures or wireless
facilities on county owned or leased property, but may develop a process to encourage the
placement of wireless support structures or facilities on county owned or leased property,
including an expedited approval process.
(i) This section shall not be construed to limit the provisions or requirements of any
historic district or landmark regulation adopted pursuant to Part 3C of this Article.
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SL2013-185 Session Law 2013-185 Page 9
"§ 153A-349.53. Collocation and eligible facilities requests of wireless support
structures.facilities.
(a) Pursuant to section 6409 of the federal Middle Class Tax Relief and Job Creation
Act of 2012, 47 U.S.C. § 1455(a), a county may not deny and shall approve any eligible
facilities request as provided in this section. Nothing in this Part requires an application and
approval for routine maintenance or limits the performance of routine maintenance on wireless
support structures and facilities, including in-kind replacement of wireless facilities. Routine
maintenance includes activities associated with regular and general upkeep of transmission
equipment, including the replacement of existing wireless facilities with facilities of the same
size. A county may require an application for collocation or an eligible facilities
request.Applications for collocation entitled to streamlined processing under this section shall
be reviewed for conformance with applicable site plan and building permit requirements but
shall not otherwise be subject to zoning requirements, including design or placement
requirements, or public hearing review.
(a1) A collocation or eligible facilities request application is deemed complete unless the
county provides notice that the application is incomplete in writing to the applicant within 45
days of submission or within some other mutually agreed upon time frame. The notice shall
identify the deficiencies in the application which, if cured, would make the application
complete. A county may deem an application incomplete if there is insufficient evidence
provided to show that the proposed collocation or eligible facilities request will comply with
federal, State, and local safety requirements. A county may not deem an application incomplete
for any issue not directly related to the actual content of the application and subject matter of
the collocation or eligible facilities request. An application is deemed complete on
resubmission if the additional materials cure the deficiencies indicated.
(a2) The county shall issue a written decision approving an eligible facilities request
application within 45 days of such application being deemed complete. For a collocation
application that is not an eligible facilities request, the county shall issue its written decision to
approve or deny the application within 45 days of the application being deemed complete.
(a3) A county may impose a fee not to exceed one thousand dollars ($1,000) for
technical consultation and the review of a collocation or eligible facilities request application.
The fee must be based on the actual, direct, and reasonable administrative costs incurred for the
review, processing, and approval of a collocation application. A county may engage a
third-party consultant for technical consultation and the review of a collocation or eligible
facilities request application. The fee imposed by a county for the review of the application
may not be used for either of the following:
(1) Travel expenses incurred in a third party's review of a collocation
application.
(2) Reimbursement for a consultant or other third party based on a contingent
fee basis or results-based arrangement.
(b) Applications for collocation of wireless facilities are entitled to streamlined
processing if the addition of the additional wireless facility does not exceed the number of
wireless facilities previously approved for the wireless support structure on which the
collocation is proposed and meets all the requirements and conditions of the original approval.
This provision applies to wireless support structures which are approved on or after December
1, 2007.
(c) The streamlined process set forth in subsection (a) of this section shall apply to all
collocations, in addition to collocations qualified for streamlined processing under subsection
(b) of this section, that meet the following requirements:
(1) The collocation does not increase the overall height and width of the tower
or wireless support structure to which the wireless facilities are to be
attached.
(2) The collocation does not increase the ground space area approved in the site
plan for equipment enclosures and ancillary facilities.
(3) The wireless facilities in the proposed collocation comply with applicable
regulations, restrictions, or conditions, if any, applied to the initial wireless
facilities placed on the tower or other wireless support structure.
(4) The additional wireless facilities comply with all federal, State, and local
safety requirements.
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Page 10 Session Law 2013-185 SL2013-185
(5) The collocation does not exceed the applicable weight limits for the wireless
support structure."
SECTION 3. G.S. 146-29.2 reads as rewritten:
"§ 146-29.2. Lease provisions for communications towers.or interest in real property for
communication purposes.
(a) The following definitions apply in this section:
(1) Antenna. – Communications equipment that transmits, receives, or transmits
and receives electromagnetic radio signals used in the provision of all types
of wireless communications services.
(2) Buildings. – Structures owned or leased by the State on which equipment
may be placed or attached.
(3) Collocation. – The placement or installation of wireless facilities on existing
structures, including electrical transmission towers, water towers, buildings,
and other structures capable of structurally supporting the attachment of
wireless facilities in compliance with applicable building and line safety
codes.
(4) Equipment. – Antennas, transmitters, receivers, cables, wires, transformers,
power supplies, electric and communication lines necessary for the provision
of television broadcast signals, radio wave signals, wireless data or wireless
telecommunication services to a discrete geographic area, and all other
apparatuses and appurtenances, including shelters, cabinets, buildings,
platforms, and ice bridges used to house or otherwise protect equipment.
(5) Ground area. – The area of real property surrounding the base of towers on
which the equipment and appurtenances necessary for the operation and
stability of the towers, including guy wires and security fencing, are
constructed or installed.
(6) Provider. – Any person that is engaged in the transmission, reception, or
dissemination of television broadcast signals, radio wave signals, or
electromagnetic radio signals used in the provision of wireless
communications service, or the provisioning of wireless infrastructure.
(7) Tower. – New or existing structures, such as a monopole, lattice tower,
guyed tower, fire observation tower or water tower that are designed to
support or are capable of supporting equipment used in the transmission or
receipt of television broadcast signals, radio wave signals, or
electromagnetic radio signals used in the provision of wireless
communication service.
(b) The State may lease real property, or may grant an easement or license with an
interest in real property for the following communication purposes:any interest in real property,
for the purposes of
(1) construction and placement of communicationsConstructing, installing, and
operating towers and equipment on State land.land or for placement of
antennas upon State-owned structures.
(2) Installing and operating equipment on towers, buildings, or ground area
owned or leased by the State.
(c) If otherwise feasible and determined by the Department of Administration to be in
the best interest of the State:
(1) New towers constructed on State land shall be designed for collocation. This
requirement shall not apply to towers constructed on State land by the State
or any of its agencies or by a "public entity" as that term is defined in
G.S. 146-29.1(b).
(2) The State shall encourage the collocation of equipment on existing towers
and buildings owned by the State.
(3) The State shall sublease for collocation purposes space on any tower or
ground area leased by the State, if allowed under the terms of the lease.
(4) The State shall, to the extent practicable, adopt standard terms and
conditions for applications to lease, easements, or other conveyances of an
interest in real property for communication purposes.
(d) Pursuant to G.S. 143-341(4)f., the Governor, acting with the approval of the Council
of State, may adopt rules authorizing the Department of Administration to enter into or approve
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SL2013-185 Session Law 2013-185 Page 11
classes of leases, easements, or licenses with an interest in real property for the purposes set
forth in this section. The rules may allow for execution of leases or other instruments by the
Department of Administration rather than execution of the instruments in the manner
prescribed in G.S. 146-74 through G.S. 146-78.
(e) Land in the State Parks System, as defined in G.S. 113-449.9, may only be leased or
conveyed for the purposes of this section upon the approval of the Secretary of the Department
of Environment and Natural Resources. Lease or conveyance of land in the State Parks System
for the purposes of this section shall comply with the requirements of Articles 2 and 2C of
Chapter 113 of the General Statutes. When selecting a location for a communications tower or
antenna in the State Parks System, the State shall choose a location that minimizes the visual
impact on the surrounding landscape. No land acquired or developed using funds from the
Federal Land and Water Conservation Fund shall be leased or conveyed for the purposes of this
section.
The following additional requirements shall apply to such leases:
(1) The lease shall require the lessee to permit other telecommunications carriers
to co-locate on the communications tower on commercially reasonable terms
between the lessee and the co-locating carrier until the communications
tower reaches its capacity. Unless the State determines that co-location is not
feasible at that location, the communications tower shall be designed and
constructed to accommodate other carriers on the tower.
(2) The State shall, in determining the location of lands to be leased for
communications towers, encourage communications towers to be located
near other communications towers to the extent technically desirable.
(3) The State shall, when choosing a communications tower or antenna location,
choose a location which minimizes the visual impact on surrounding
landscape.
(4) The State shall not lease lands of the State Parks System for such purposes.
For purposes of this section, "co-locate and co-location" mean the sharing of a
communications tower by two or more services.
(f) City and county ordinances apply to communications towers and antennas
authorized under this section."
SECTION 4. Sections 1 and 2 of this act become effective October 1, 2013, and
apply to applications received on or after that date. The remainder of this act is effective when
it becomes law.
In the General Assembly read three times and ratified this the 18th day of June,
2013.
s/ Tom Apodaca
Presiding Officer of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:08 p.m. this 26th day of June, 2013
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Article 5: Uses
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Orange County, North Carolina – Unified Development Ordinance Page 5-80
(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.
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
5.10.1 Intent
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 February Quarterly Public
Hearing. 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
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-81
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B) Applicability
(1) By December 31st of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
(1) The meeting shall occur by the end of January of each calendar year.
(2) Attendees shall include all carriers and tower companies who have either filed
applications the previous year or anyone who has expressed an interest in filing
an application to construct a telecommunication support facility within the County.
(3) The County shall notify each party of the date, time, and place of the meeting no
later than 30 days prior to the meeting.
(4) Those individuals/firms intent on submitting development applications are
expected to attend the meeting. While a lack of attendance will not prevent the
submittal of an application, it will prevent the applicant’s ability to participate in
the discussions outlining the areas of concentration for the location of
telecommunication support structures for that given year.
(D) Applications for the development of telecommunication support structures shall be
processed in accordance with the provisions of this Ordinance.
5.10.4 Existing Wireless Telecommunications Support Structures
(1) Telecommunications equipment as accessory uses may be placed on existing
wireless support structures in accordance with the provisions of this Ordinance.
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Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-82
(2) Notwithstanding the other provisions of Section 5.10, telecommunications towers
in existence as of December 10, 2002, may be replaced with a wireless support
structure of equal or less visual impact after approval by the Planning Director.
However, if the proposed new wireless support structure would not be consistent
with the minimum standards under Section 5.10, replacement must be approved
as provided for in this Ordinance.
5.10.5 Wireless Telecommunications Support Structures and Equipment as Principal or
Accessory Uses
(A) Wireless telecommunications support structures shall be permitted as a principal or
accessory use in accordance with the Table of Permitted Uses and as follows:
(1) On property owned by the County or any public entity, except those designated
as historic properties or sites, the County may, in its sole discretion as the owner
of the property, authorize the application and use of County property after the
applicant executes a lease agreement acceptable to the County.
(2) Wireless telecommunications facilities, as part of existing utility poles shall be
permitted as an accessory use. Wireless facilities shall be constructed as part of
the existing utility poles or as replacements for the existing utility poles. No
freestanding towers constructed exclusively for personal wireless services shall
be permitted within utility easements.
(3) The placement of new wireless telecommunications support structures shall be in
accordance with the Table of Permitted Uses, except as permitted in the Master
Telecommunications Plan (“Plan”) or by Section 5.10.6 of this Ordinance.
5.10.6 Administrative Approval of Certain Telecommunication Facilities
(A) Applicability
The following telecommunication facilities may be approved administratively by the
Planning Staff provided that all of the provisions contained in Section 5.10 are met:
(1) New stealth telecommunications wireless support structures up to 75 feet in
height that are sufficiently disguised so as to minimize visual impact;
(2) Any wireless support structure less than 75 feet in height;
(3) Any wireless support structure less than 200 feet in height located on property
that is owned or leased by Orange County; and
(4) Any wireless support structure less than 200 feet in height on which the owner of
such facility permits the County to collocate its wireless facilities on the structure
at no charge to the County when the location of such facility is of benefit to the
County as determined in the sole discretion of the County.
(5) A written decision approving or denying an application for administrative approval
of a telecommunication facility under this section shall be issued no later than 45
days following the submission of a complete application.
(6) Collocation applications meeting the following requirements:
(a) The proposed additional facility will not increase the overall height and
width of the tower or wireless support structure to which the wireless
facilities are to be attachedshall only constitute either an eligible facilities
request or a substantial modification of a telecommunication facility as
defined herein
A mounting is presumed to constitute a substantial modification if it
meets any one or more of the following criteria:
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Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-83
(i) Increasing the existing vertical height of the structure by the
greater of:
a. More than 10% or
b. The height of 1 additional antenna array with separation
from the nearest existing antenna not to exceed 20 feet.
(ii) Except where necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable, adding
an appurtenance to the body of a wireless support structure that
protrudes horizontally from the edge of the wireless support
structure the greater of:
a. More than 20 feet or
b. More than the width of the wireless support structure at
the level of the appurtenance.
(a)(iii) Increasing the square footage of the existing equipment
compound by more than 2,500 square feet.
Notwithstanding the provisions detailed herein, any collocation request
resulting in the elevation of a telecommunication facility above
established permit limitations will be required to secure any additional
required permit(s) including, but not limited to, the submittal, review, and
approval of a new Special Use Permit based on the modified height of
the facility. 1
(b) The proposed additional facility will not increase the ground space
approved in the site plan for equipment enclosures and ancillary
facilities.2
(c)(b) The proposed additional facility will comply with applicable regulations,
restrictions, or conditions, if any, applied to the initial wireless facilities
placed on the tower or other wireless support structure.
(d)(c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(e)(d) The proposed additional facility does not exceed the applicable weight
limits for the wireless support structure.
(B) Submittal Requirements
All applications for telecommunication facilities that are eligible for administrative
approval shall be submitted and reviewed in accordance with the standards of Section
5.10.8 of this Ordinance.
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
1 NCGS 153A-349 now allows for modification of an existing, permitted, telecommunication facility under certain
set parameters. Staff has included a new definition of ‘Substantial Modification – Telecommunication Facility’ in
Article 10 of the UDO to incorporate this allowance. Staff is including language within the proposal that would
require additional permitting if the height of the tower is increased beyond what was originally approved by the
County (i.e. over 200 feet required a Class A Special Use Permit). 2 Staff deleted this section as new State regulations allows for an increase in existing equipment compounds
associated with the review/processing of a collocation application.
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Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-84
(1) To minimize adverse visual impacts, stealth antenna types shall be preferred. If
a non-stealth antenna is proposed, the application shall be required to
demonstrate, in a technical manner acceptable to the Planning Director, why the
stealth antenna (i.e. an antenna incorporated into the architecture of the building
or fully screened from view from sight proximate to the antenna) cannot be used
for the particular application. This does not preclude a combination of the
various types of antennas.
(2) Antenna dimensions shall be subject to approval by the Planning Director. A
statement shall be submitted, prepared by a professional engineer competent to
evaluate antenna choices, to certify the technical need for the required
dimensions.
(3) Prior to the issuance of a Building Permit by the Inspections Division, the
application shall provide evidence that the wireless telecommunication support
structure or antennas are in compliance with FAA regulations. Where an
antenna will not exceed the highest point of the existing structure upon which it is
to be mounted, such evidence shall not be required.
(B) Standards for Stealth Rooftop or Building, Water Tower, or Transmission Line
Mounted Antennas
In addition to the standards established in Subsection A above, the following are
applicable to all Stealth Rooftop or Building, Water Tower, or Transmission Line Mounted
Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the building or support
structure, water tank, or transmission line;
(2) Commercial advertising shall not be allowed on an antenna;
(3) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(4) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or exceed 12 feet in height;
(5) Documentation shall be required denoting that the erection of an antenna will not
compromise the structural integrity of the building, water tank, or transmission
line;
(6) If an antenna is erected on a transmission line, documentation shall be required
outlining that the antenna will not interfere, or be interfered with, by the normal
operating characteristics of the transmission line;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building; and
(8) Approval of the Planning Director to ensure consistency with the definition of
stealth facility is required. Each application shall contain a rendering or
photograph of the antenna including, but not limited to, colors and screening
devices.
(C) Standards for Non-Stealth Rooftop or Building, Water Tank or Transmission Line
Mounted Antennas
In addition to the standards established in Sub-Section (A) above, the following are
applicable to all Non-Stealth Mounted Antennas:
(1) Antennas shall not exceed 20 feet above the roofline of the subject building or
support structure, water tank, or transmission line;
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Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-85
(2) Antennas shall only be permitted on buildings or structures that are at least 33
feet tall. Antennas may be placed on buildings less than 33 feet tall if public
safety needs warrant the antenna;
(3) Antennas, and related equipment buildings, shall be located or screened to
minimize the visual impact of the antenna upon adjacent properties and shall be
of a material or color which matches the exterior of the building or structure upon
which it is situated;
(4) Commercial advertising shall not be allowed on an antenna;
(5) Signals, lights, or illumination shall not be permitted on an antenna, unless
required by the FCC or the FAA;
(6) Any related unstaffed equipment building shall not contain more than 600 square
feet of gross floor area per user or be more than 12 feet in height;
(7) If the equipment building is located on the roof of the building, the area of the
equipment building shall not occupy more than 25% of the roof area, and shall
comply with all State of North Carolina Building Code requirements for the
proposed and existing building;
(8) Antennas may be located on utility poles pursuant to the following regulations:
(a) The maximum height of the pole with antenna shall not exceed 70 feet in
height.
(b) The utility poles shall be located on public property, within public
easements, or public rights-of-way.
(c) The antenna shall be of a size and placement that is structurally
compatible with the engineering design of the pole pursuant to the North
Carolina State Building Code and attested to by a professional engineer
licensed in the State of North Carolina, and competent to evaluate
antenna choices.
(d) The antenna shall not extend more than ten feet above the existing pole
height. If the pole is replaced to withstand the addition of
telecommunications equipment, then the same restriction shall apply
except that the utility pole may be 20 feet higher than the adjacent pole
heights.
(e) Placement of an antenna on a utility pole shall only be on poles owned or
operated by a public utility authorized to operate in the County, a County
franchisee, or Orange County.
(f) All relocation costs associated with any relocation of the antenna
necessitated by roadway or sidewalk improvements shall be borne by
the telecommunications provider.
5.10.8 Wireless Telecommunications Support Structures – Submittal and Review Requirements
(A) General Submittal Requirements for all Telecommunication Support Structures
(1) Submittal Requirements
(a) A site plan and site plan application package prepared in accordance
with Section 2.5 shall be presented for approval to the Planning Division
including all requirements for site development plan approval as
required.
(b) A detailed description of the proposed telecommunication support
structure (i.e. monopole, self-supporting lattice, etc.) including a detailed
narrative description and explanation of the specific objective(s) for the
new facility including a description as to the coverage and/or capacity,
technical requirements, and the identified boundaries of the specific
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geographic area of intended coverage for the proposed
telecommunication support structure.
(c) Elevation drawings and color renderings of the proposed tower showing:
(i) The vertical rendition of the telecommunication support
structure(s) identifying all users and attachments,
(ii) All related fixtures, structures, appurtenances and apparatus
including the height of said structures above the lowest adjacent
pre-existing grade,
(iii) The materials that will be used on site for said structures
including their color and any proposed lighting and shielding
devices, and
(iv) If the facility is intended to be a stealth, as defined herein, the
colors and screening devices for the Planning Director to verify
consistency with applicable definitions.
(d) A signed statement from the applicant certifying that the proposed
telecommunication support structure:
(i) Shall be maintained in a safe manner,
(ii) Is in compliance with all conditions of all applicable permits and
authorizations without exception, and
(iii) Is in compliance with all applicable and permissible local, State,
and Federal rules and regulations.
(e) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(f) A statement stating how the proposed tower will minimize visual
intrusiveness to surrounding properties in the area. Criteria that may be
used for such evidence may be height and type of existing trees
surrounding the proposed tower, and local topography.
(g) A copy of the installed foundation design including a geotechnical sub-
surface soils investigation, evaluation report, and foundation
recommendation for the proposed wireless support structure.
(h) The existing cell sites (latitude, longitude, power levels) to which this
proposed site will be a handoff candidate.
(i) Propagation studies of the proposed site and showing all adjoining
planned, proposed, in-service or existing sites. This will include all of the
modeling information used to produce the study including, but not limited
to, any assumptions made about ambient tree height.
(j) The search ring utilized in finding the proposed site.
(k) The number, type, height, and model of the proposed antennas along
with a copy of the applicable specification sheet(s).
(l) The make, model and manufacturer of the tower and antenna(s),
antenna heights and power levels of proposed site. This will include
documentation establishing the azimuth, size, and centerline height
location of all proposed and existing antennas on the structure.
(m) The frequency, modulation and class of service of radio or other
transmitting equipment.
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(n) The maximum transmission power capability of all radios, as designed, if
the applicant is a cellular or functional equivalent carrier, or the maximum
transmission power capability, as designed, of all transmission facilities if
the applicant is not a cellular or functional equivalent carrier.
(o) The actual intended transmission and the maximum effective radiated
power of the antenna(s).
(p) The direction(s) of maximum lobes and associated radiation of the
antenna(s).
(q) Certification that the NIER levels at the proposed site are within the
threshold levels adopted by the FCC.
(r) Certification that the proposed antenna(s) will not cause interference with
other telecommunications devices.
(s) A written affidavit stating why "the proposed site is necessary for their
communications service" (e.g., for coverage, capacity, hole-filling, etc.)
and a statement that there are no existing alternative sites within the
provided search ring and there are no alternative technologies available
which could provide the proposed telecommunications service need
without the tower.
(t) A copy of the FCC license applicable for the intended use of the facility
as well as a copy of the 5 and 10 year building out plan required by the
FCC.
Some or all of items listed in (h) through (r) may be required to be provided on a
propagation study data form to be provided by the County.
(2) Additional Submittal Requirements – Co-locationCollocation3 of Antennas
In addition to the requirements denoted herein, applications for the co-
locationcollocation of antennas on existing structures shall be required to submit
the following:
(a) The age of the existing tower in years, including the date of the grant of
the original permit or authorization for the existing tower;
(b) For a wireless support structure that is five years old or older, or for a
guyed structure that is three years old or older, a copy of the latest ANSI
Report done pursuant to the latest edition of ANSI-EIA/TIA 222F – Annex
E for any self-supporting tower. If an ANSI report has not been done
pursuant to the preceding schedule, an ANSI report shall be done and
submitted as part of the application. No Building Permit shall be issued
for any wireless support structure where the structure being attached to
is in need of remediation, unless and until the County Planning and
Inspections Department has approved all remediation work needed has
been completed or a schedule for the remediation work.
(c) A Structural Report signed by a Professional Engineer licensed to do
business in the State and bearing that engineer’s currently valid stamp,
showing the structural adequacy of the wireless support structure to
accommodate the proposed modification or antenna array Collocation,
including any equipment shelter, unless the equipment shelter is located
on the lowest floor of a building;
(d) If attaching to a structure other than a tower or where the proposed
attachment is within 30 feet of areas to which the public has or could
reasonably have or gain access to, documentation shall be provided,
including all calculations, proving that the potential exposure to RF
3 Correction of spelling to ensure consistency within the UDO.
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radiation (i.e. Non-Ion Emitting Radiation), will be comply with the most
recent FCC regulations governing RF radiation and exposure thereto,
and further denoting the minimum distance from any antennas an
individual may safely stand without being exposed to RF radiation in
excess of the FCC’s permitted standards and any portion(s) of the
structure that would be exposed to RF radiation in excess of the FCC’s
permitted standards. Compliance with the FCC’s regulations, in such an
instance the RF radiation from all facilities at that location shall be
included in the calculations to show the cumulative effect on any area of
the building or structure deemed accessible by the public or workers.
Such report or analysis shall be signed and sealed by a Professional
Engineer licensed in the State.
(e) If the modification or antenna array Collocation collocation 4is 30 feet or
more above ground level, then a signed document such as the FCC’s
“Checklist to Determine whether a Wireless support structure may be
Categorically Excluded” shall be provided to verify that the modification
or antenna array co-locationcollocation will fully comply with the current
FCC’s RF emissions regulations. If not categorically excluded, a
complete RF emissions study is required to enable compliance
verification, including providing all calculations so that such may be
verified prior to issuance of a Building Permit;
If any section or portion of the structure to be attached to is not in
compliance with the FCC’s regulations regarding RF radiation, that
section or portion must be barricaded with a suitable barrier to
discourage approaching into the area in excess of the FCC’s regulations,
and be marked off with yellow and black striped warning tape or a
suitable warning barrier, as well as placing RF radiation signs as needed
and appropriate to warn individuals of the potential danger;
(f) A signed statement that the applicant will expeditiously remedy any
physical or RF interference with other telecommunications or wireless
devices or services caused by the new installation.
(3) Standards of Evaluation – Co-locationsCollocations and Towers Requiring
Administrative Approval
(a) A proposed tower shall not be permitted if it is not substantially
necessary for the telecommunications service need identified pursuant to
the standards of this Ordinance.
(b) Tower height shall be measured from the base of the tower to the
highest point of the proposed antenna(s), with lightening rod, to be
located atop the tower structure.
(c) Telecommunications towers shall conform with all of the requirements of
this Ordinance.
(d) All towers shall be engineered to allow for co-locationscollocations. No
co-locator shall be refused access for co-locationcollocation by charging
exorbitant lease fees. Public safety provider co-locationscollocations
shall take priority over other co-locators.
(e) A telecommunications consultant shall provide Planning Staff assistance
on exorbitant rate leases.
(f) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
4 Correction of a grammatical error. There is no need for the word to be capitalized.
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(g) Applicants shall evaluate the reasonable feasibility of collocating new
antennas and equipment on an existing structure or structures within the
applicant’s search ring.
(h) Prior to issuing a building permit for the collocation of an antenna array
on an existing facility, an applicant shall demonstrate that the collocation
is located appropriately on the facility with the overall goal being to
preserve the carrying capacity of the facility for future collocations and to
minimize the visual intrusiveness and impact, including the profile of the
facility.
(i) In determining the necessary height for a facility, or the height of a
collocation on a facility, the signal strengths analyzed shall be the
threshold or lowest signal strength at which the customer equipment is
designed to function, which may be required to be determined by the
manufacturer’s published specifications for the customer equipment.
(j) Approval of the Planning Director to verify consistency with the definition
of stealth facility is required.
(k) All telecommunications towers shall be placed in heavily wooded areas
on the site to the maximum extent possible so as to lessen the visual
intrusiveness of the structure and accessory structures.
(l) No tower shall be permitted to exceed its designed loading capacity. For
all wireless support structures attached to existing structures, the
engineer certification statement shall include certification that the
structure can support the load superimposed from the wireless support
structure. All wireless support structures shall have the capacity to
permit multiple users; at a minimum monopole wireless support
structures shall be structurally designed to accommodate four users and
self-support/lattice or guyed wireless support structures shall, at a
minimum accommodate three users.
(B) General Submittal Requirements – Special Use Permits
In addition to the general submittal requirements detailed herein, and the specific
submittal requirements for all Special Use Permit applications detailed within Section 2.7
of this Ordinance, applicants shall be required to adhere to the following:
(1) Overall Policy and Desired Goals
The overall policy and desired goals for Special Use Permits for wireless
telecommunications support structures shall be promoting and encouraging,
wherever possible, the following:
(a) Alternatives to constructing new wireless support structures, including
but not limited to the co-locationcollocation of wireless
telecommunications equipment and mitigating the visual effect of a
wireless telecommunication support structure to an extent not
commercially impracticable; and
(b) The placement, height and quantity of wireless telecommunications
towers and equipment in such a manner, including but not limited to the
use of stealth technology or camouflage techniques, to minimize adverse
aesthetic and visual impacts on the land, property, buildings, and other
facilities adjacent to, surrounding, and in generally the same area as the
requested location of such wireless telecommunications support
structure, which shall mean using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
(2) Balloon Test
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(a) The applicant shall, at least six weeks prior to a Class B Special Use
Permit public hearing and at least 11 weeks prior to a Class A Special
Use Permit public hearing, conduct a balloon test whereby the applicant
shall arrange to fly, or raise upon a temporary mast, a minimum of 10’3”
in length, brightly colored red or orange balloon at the maximum height
of the proposed new wireless support structure.
(b) The balloon test shall be flown for at least four consecutive daylight
hours starting sometime between 10:00 A.M. and 2:00 P.M. on the dates
chosen.
(c) A notice of the dates (including a second date in case of poor visibility,
weather or atmospheric conditions on the initial date), times, and location
of the balloon test shall be mailed, by certified mail, return receipt
requested, by the applicant, to all persons owning property within 1,000
feet of the subject parcel no less than 14 days in advance of the first test
date. The data contained within the office of Orange County Land
Records shall be used as the primary source for determining which
residents are to receive notice of the balloon tests.
(d) The primary date shall be on a weekend (excluding legal holidays), but to
prevent delays in the processing of the application, and in case of poor
weather or atmospheric conditions on the initial date, the secondary
date may be a weekday.
(e) The applicant shall inform the County Planning Staff, in writing, of the
dates and times of the test at least 14 days in advance.
(f) The applicant shall also post a sign on the subject property, and
directional signs posted at locations to be determined by Planning Staff.
The signs shall measure no more than nine square feet in area and no
less than four square feet in area, giving the contact information of the
County Planning Department, the proposed dates, times, and location of
the balloon test. The signs shall be posted to meet the same time limits
as provided for in the balloon test notification as stated above.
(3) Submittal Requirements
In addition to the information required herein as well as Section 2.7, the following
shall be submitted as part of the application:
(a) A site plan showing the following:
(i) The entire site (including property boundary lines) and size of all
existing structures within 500 feet of the site,
(ii) Existing and proposed structures on site,
(iii) The fall zone of the tower,
(iv) Existing and proposed topography at a contour interval of five
feet and
(v) Any officially designated floodways and floodplains, or the
presence of alluvial soils.
(b) Plans, and elevations for all proposed structures and descriptions of the
color and nature of all exterior material, along with the make, model, and
manufacturer of the proposed structure, maximum antenna heights, and
power levels.
(c) A Landscape and Tree Preservation Plan drawn at the same scale as
the site plan, showing the existing and proposed trees, shrubs, ground
cover and other landscape materials. This plan shall minimize adverse
visual effects of wireless telecommunications support structures and
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antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(d) Evidence that the applicant has investigated the possibilities of placing
the proposed equipment on an existing wireless support structure. Such
evidence shall consist of:
(i) A listing of all wireless telecommunications support structures
within a two mile radius of the proposed wireless support
structure site and a listing of all wireless support structure, utility
poles and other structures in the vicinity of the proposed facility
that are technically feasible for utilization by the applicant to fill
all or a substantial portion of the telecommunications service
need identified by the Applicant pursuant to section
5.10.8(A)(1)(s). Documents shall be submitted at the time of
application filing that indicates the applicant’s ability or inability to
co-locate on the identified tower(s) and reasons why.
(ii) Delineation of the boundaries of the maximum search ring within
which the telecommunication equipment can function as
intended. The following information shall be provided for all
existing wireless support structures within the search ring:
a. Wireless telecommunication support structure height;
b. Existing and planned wireless support structure users;
c. Whether the existing wireless telecommunication
support structure could accommodate the
telecommunication equipment to be attached to the
proposed wireless support structure without causing
structural instability or radio frequency interference; and
d. If the proposed telecommunication equipment cannot be
accommodated on the existing wireless
telecommunication support structure, assess whether
the existing wireless support structure could be
structurally strengthened or whether the antennas
transmitters and related equipment could be protected
from electromagnetic interference, and generally
describe the means and projected cost of shared use of
the existing wireless support structure; and
e. Any restrictions or limitations of the FCC or FAA that
would preclude the shared use of the wireless support
structure;
f. Propagation studies of all adjoining planned, proposed,
in-service, or existing sites, and;
g. Any additional information requested by the County.
(iii) A summary explanation of why proposed telecommunication
equipment cannot be located on any of the existing wireless
support structures in the search ring.
(e) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft bond which will guarantee the removal of the wireless support
structure in the event that it is abandoned or unused for a period of 12
months.
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(g) A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Sections 2.7.5 and 2.7.6 of this Ordinance.
(h) A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(i) Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(j) A notarized statement that the sign posting requirement has been met.
(k) Photographs of a clearly visible balloon floated at the proposed tower
location to the maximum height of the tower, as well as photographs with
the proposed tower and associated antennas superimposed upon them
showing what the proposed tower will look like. Photographs shall be
taken from locations such as: property lines, and/or nearby residential
areas, historic sites, roadways, including scenic roads and major view
corridors, and other locations as deemed necessary by the Planning
Staff to assess the visual impact of the proposed tower.
(l) The Special Use Permit application shall include a statement that the
facility and its equipment will comply with all federal, state and local
emission requirements.
(m) An Applicant may be required to submit an Environmental Assessment
Analysis and a Visual addendum. Based on the results of the Analysis,
including the Visual addendum, the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre-application meeting.
(n) If required, a Visual Impact Assessment, which shall include:
(i) A “Zone of Visibility Map” shall be provided in order to determine
locations from which the tower may be seen.
(ii) Panorama photo simulations of the proposed wireless support
structure, superimposed on the existing landscape, to scale,
showing “before and after” views including but not limited to
State highways and other major roads; State and local parks;
other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or
residents
(iii) An assessment of the visual impact of the wireless support
structure base, guy wires and accessory buildings from abutting
and adjacent properties and streets shall be considered to
determine the need of screening.
(o) All applications shall contain a demonstration that the wireless support
structure is sited so as to have the least visually intrusive effect
reasonably possible and thereby have the least adverse visual effect on
the environment and its character, on existing vegetation, and on the
residences in the area of the telecommunications tower.
(p) A statement, prepared by a professional engineer licensed in the State of
North Carolina, which through rational engineering analysis, certifies the
tower's compliance with applicable standards as set forth in the State of
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North Carolina Building Code, and any associated regulations; and
describes the tower's capacity, including an example of the number and
type of antennas it can accommodate.
(4) Standards of Evaluation
(a) The telecommunications equipment planned for the proposed wireless
support structures cannot be accommodated on an existing wireless
support structures due to one or more of the following reasons:
(i) The planned equipment would exceed the structural capacity of
existing and approved wireless support structures, considering
existing and planned use of those wireless support structures
and the wireless support structures cannot be reinforced to
accommodate planned or equivalent equipment at a reasonable
cost.
(ii) The planned equipment would cause radio frequency
interference with other existing or planned equipment for these
wireless support structures, and the interference cannot be
prevented at a reasonable cost.
(iii) Existing or approved wireless support structures do not have
space on which the equipment can be placed so it can function
effectively and reasonably in parity with similar existing or
approved equipment.
(iv) No tower or other suitable facility exists in an area where the
equipment to be placed on the tower will function in its intended
manner.
(b) Location of Wireless Support Structures
(i) Applicants for facilities shall locate, site and erect said facilities
according to the following priorities, in the following order:
a. On existing County-owned facilities without increasing
the height of the tower or structure.
b. On existing Facilities without increasing the height of the
tower or structure.
c. On County-owned properties or facilities.
d. On properties in areas zoned for commercial or industrial
use.
e. On properties in areas zoned Agricultural Residential
(AR).
f. On properties in areas zoned for residential use.
(ii) If an Applicant proposes to place telecommunications equipment
at a location that is not a preferred priority 1 site, then the
Applicant must provide a detailed explanation as to why a higher
priority site is not proposed. The explanation shall be in the form
of a written report demonstrating the Applicant’s review of the
above locations in order of priority and the reason(s) for the site
selection. The explanation shall, at a minimum, include the
information required by section 5.10.8(B)(3)(e).
(iii) The application shall not be approved unless it demonstrates
that the telecommunications equipment may not be sited at a
higher priority site because of commercial impracticability or
because no higher priority site is available that would serve to
provide the telecommunications service need identified by the
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Applicant as provided for in section 5.10.8(A)(1)(s).
(iv) An Applicant may not by-pass sites of higher priority merely
because the site proposed is the only site leased or selected.
Agreements between providers limiting or prohibiting co-
locationcollocation shall not be a valid basis for any claim of
commercial impracticability.
(v) Notwithstanding that a potential site may be situated in an area
of highest priority or highest available priority, an application
shall not be approved if it conflicts with the provisions and
requirements of this Ordinance.
(vi) Wireless support structures shall not be located within one-half
(½) mile of any existing monopole, lattice or guyed wireless
telecommunications support structure.
a. An exception may be allowed when the applicant can
sufficiently demonstrate that:
i. Appropriate space on the existing
telecommunication wireless support structure is
not available; or
ii. The applicant has made good faith effort to
negotiate an agreement with the owner of the
existing wireless telecommunication support
structure and has been unsuccessful, which
must be documented in writing; or
iii. The telecommunication equipment on the
existing wireless telecommunication support
structure is not compatible with the proposed
telecommunication equipment of the applicant;
or
iv. Adequate coverage by the applicant cannot be
met at the location of the existing wireless
telecommunication support structure; or
v. The existing wireless telecommunication support
structure cannot be reasonably modified to
accommodate additional co-locationcollocation
by the applicant.
b. Exceptions shall only be allowed after a thorough
analysis of the search area, provided by the applicant is
performed by the County’s consultant or Staff, indicating
that coverage is not possible on an existing wireless
support structure at the four-carrier capacity or other
user capacity that can be achieved. There must be an
80% approval vote of the deciding board for this specific
finding to pass the exception criteria.
(c) Setbacks
(i) Within or adjacent to residential zoning districts, minimum
setbacks from the base of the wireless support structure to the
property boundary shall be equal to 110% of the wireless support
structure height.
(ii) If the wireless support structure is proposed as an accessory use
to a residential use, the setback shall be 110% of the wireless
support structure height from any residence or dwelling unit on
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the subject property.
(iii) Adjacent to non-residential uses or non-residential zoning
districts, minimum setbacks from the base of the wireless
support structure to the property boundary shall be the greater of
20% of the tower height, or the minimum required setback.
(iv) All buildings and other structures to be located on the same
zoning lot as a telecommunication tower wireless support
structure shall conform with the setbacks established for the
zoning district or as established through the subdivision process,
whichever is greater.
(d) Access
(i) At a wireless telecommunications support structure site, an
access road, turn around space and parking shall be provided to
assure adequate emergency and service access.
(ii) Maximum use of existing roads, whether public or private, shall
be made to the extent practicable.
(iii) Road construction shall, at all times, minimize ground
disturbance and the cutting of vegetation.
(iv) Road grades shall closely follow natural contours to assure
minimal visual disturbance and reduce soil erosion.
(e) Landscaping and Buffers
(i) A Type C Landscape Buffer shall be provided between the
wireless support structures and its accessory structures and
adjoining property/properties.
(ii) Existing vegetation may be removed only to the extent
necessary to accommodate the wireless support structures,
equipment buildings, and support structures such as guy wires.
(iii) Plantings around the compound perimeter, outside of any fence
or wall, shall be composed entirely of fast growing evergreen
vegetation.
(iv) New plantings and existing vegetation used for screening shall
be at least six feet in height or greater at planting.
(v) Proposed plantings (name, type, height) shall be shown on the
Landscape Plan for the facility.
(vi) Landscaping shall provide a screen on a year-round basis.
(f) The visibility of the balloon to adjacent properties and the surrounding
area shall not constitute sole justification of denial of a permit application,
but is an indication of what location on the site may be less visually
intrusive.
(g) The applicant shall demonstrate and provide a description in writing and
by drawing how it shall effectively screen from view the base and all
related equipment and structures of the proposed facility.
(h) The site plan shall indicate a location for at least two equipment buildings
in addition to that proposed for use by the applicant.
(i) All utilities at a facility site shall be installed underground and in
compliance with all Laws, ordinances, rules and regulations of the
County, including specifically, but not limited to, the National Electrical
Safety Code and the National Electrical Code where appropriate.
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(j) All wireless support structures shall satisfy all applicable public safety,
land use, or zoning issues required in this Ordinance, including
aesthetics, landscaping, land-use based location priorities, structural
design, setbacks, and fall zones.
(k) Fences and Walls
(i) An eight foot fence or wall shall be required around the base of
any wireless support structures. This fence or wall shall
encompass all accessory equipment within the compound.
(ii) Fences shall be required around guy wire tie downs
(iii) A fence or wall may be placed around the perimeter of the facility
to include guy wire tie downs and associated equipment should
the applicant/owner wish to do so.
(l) The communications tower is structurally designed to support additional
users as provided for in Section 5.10.8(A)(3)(d), and the Special Use
Permit includes a statement that the owner of the wireless support
structure is willing to permit other user(s) to attach communication
equipment which do not interfere with the primary purpose of the
wireless support structure, provided that such other users agree to
negotiate a reasonable compensation to the owner from such liability as
may result from such attachment.
(m) To minimize the number of antenna arrays and thus the visual impact,
the County may require the use of dual mode antennas to be used,
including by two different carriers, unless it can be proven that such will
not work technologically and that such would have the effect of
prohibiting the provision of service in the County.
(n) Structures shall be galvanized and/or painted with a rust-preventive paint
of an appropriate color to harmonize with the surroundings.
(o) Both the wireless telecommunications support structure and any and all
accessory or associated telecommunication equipment and related
facilities shall maximize the use of building materials, colors and textures
designed to blend with the structure to which it may be affixed and/or to
harmonize with the natural surroundings, this shall include the utilization
of stealth technology as may be required by the County.
(p) Antennas
(i) All new or replacement antennas, except omni-directional whip
antennas, shall be flush-mounted or as close to flush-mounted
as is technologically possible on any facility, so long as such
does not have the effect of prohibiting the provision of service to
the intended service area, alone or in combination with another
site(s), unless the applicant can prove that it is technologically
impracticable.
(ii) If attached to a building, all antennas shall be mounted on the
facie of the building and camouflaged so as to match the color
and, if possible, texture of the building or in a manner so as to
make the antennas as visually innocuous and undetectable as is
possible given the facts and circumstances involved.
(q) Lighting
(i) The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
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preferred choice.
(ii) If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii) For any facility for which lighting is required under the FAA’s
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv) All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
(s) Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or
service them.
(t) All abandoned communication wireless support structures shall be
removed within 12 months of the cessation of use. A bond or other
security guaranteeing the removal of the tower in the event that it is
abandoned or unused for a period of 12 months shall be posted. A cost
estimate shall be provided by a qualified General Contractor licensed in
the State of North Carolina. The amount of the security shall be 110% of
the estimate.
(u) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Special Use Permit shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
(v) Electro-Magnetic Radiation Levels
(i) The Special Use Permit shall include a condition that the electro-
magnetic radiation levels maintain compliance with requirements
of the FCC, regarding emission of electromagnetic radiation.
(ii) Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in
the future, the tower owner shall provide documentation of
emission levels in relation to FCC standards.
(iii) In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by
Orange County.
(iv) Orange County may make such requests at any time, not to
exceed two times per year.
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(w) “High Voltage”, "No Trespassing" and Other Signs
(i) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE - DANGER" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(ii) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(iii) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six inches in
height. The two warning signs may be combined into one sign.
The warning signs shall be installed at least five feet above the
finished grade of the fence.
(iv) The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required) shall
be attached to the tower structure in compliance with federal
regulation.
(v) Facilities shall contain a sign no larger than four square feet to
provide adequate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF
radiation within a given area.
(vi) A sign no larger than four square feet containing the name(s) of
the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s) shall be installed. The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet.
(vii) On tower sites, an FCC registration sign, as applicable, is also to
be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting.
(viii) The use of any portion of a tower for signs or advertising
purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
(ix) Mobile or immobile equipment not used in direct support of a
tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being
made.
(5) Bond Security
(a) The applicant and the owner of record of any proposed facility property
site shall, at its cost and expense, be jointly required to execute and file
with the County a bond, or other form of security acceptable to the
County as to type of security and the form and manner of execution, in
an amount of at least $75,000.00 for a tower and with such sureties as
are deemed sufficient by the County to assure the faithful performance of
the terms and conditions of this Section and conditions of any Special
Use Permit issued pursuant to this Section.
(b) The full amount of the bond or security shall remain in full force and
effect throughout the term of the Special Use Permit and/or until any
necessary site restoration is completed to restore the site to a condition
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comparable to that, which existed prior to the issuance of the original
Special Use Permit.Tower Inspection
(6) Liability Insurance
(a) A holder of a Special Use Permit for a wireless support structure shall
secure and at all times maintain public liability insurance for personal
injuries, death and property damage, and umbrella insurance coverage,
for the duration of the Special Use Permit in the following amounts:
(i) Commercial General Liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000
aggregate; and
(ii) Automobile Coverage: $1,000,000.00 per occurrence/
$2,000,000 aggregate; and
(iii) A $3,000,000 Umbrella coverage; and
(iv) Workers Compensation and Disability: Statutory amounts.
(b) For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as
an additional insured. The insurance policies shall be issued by an
agent or representative of an insurance company licensed to do
business in the State and with a Best’s rating of at least A.
(c) The insurance policies shall contain an endorsement obligating the
insurance company to furnish the County with at least 30 days prior
written notice in advance of the cancellation of the insurance.
(d) Renewal or replacement policies or certificates shall be delivered to the
County at least 15 days before the expiration of the insurance that such
policies are to renew or replace.
(e) Before construction of a permitted facility is initiated, but in no case later
than 15 days prior to the grant of the building permit, the holder of the
Special Use Permit shall deliver to the County a copy of each of the
policies or certificates representing the insurance in the required
amounts. A Certificate of Insurance that states that it is for informational
purposes only and does not confer rights upon the County shall not be
deemed to comply with this Section.
(C) General Building and Inspection Standards for all Telecommunication Support
Structures
(1) Tower Inspection
(a) Telecommunication tower owners shall submit a report to the County
Inspections Division certifying structural and electrical integrity upon
completion of the initial construction and at intervals as specified in this
Section.
(b) Inspection records shall be kept by the tower owner and made available
upon request to the Inspections Division during regular business hours.
(c) The following inspection schedule shall be followed, except in cases
where a tower has no structures other than those associated with
telecommunication tower use located within the tower’s fall zone.
(i) At least once every 36 months, or 36 months from the date of a
co-locationcollocation approval, a structural engineer who is
regularly involved in the maintenance, inspection and/or erection
of telecommunications towers shall inspect the tower and submit
a report to the Inspections Division within a reasonable time
thereafter. At a minimum, this inspection shall be conducted in
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accordance with the provisions of this Ordinance and in
accordance with the tower inspections check list provided in the
EIA-222 (as amended from time to time). This is considered a
major inspection review.
(ii) At least once every 12 months, a visual inspection from the
ground shall be conducted by a properly trained staff member of
a tower provider or tower consultant and a report shall be filed
with the Inspections Division within a reasonable time thereafter.
This inspection shall include, but shall not be limited to, visual
inspection of tower foundations, structures, guys, and
connections for evidence of settlement or later movement; soil
erosion; condition of paint or galvanizing; rust or corrosion, loose
or missing bolts, loose or corroded lightning protection
connectors; tower plumbness, significant variation in guy sags
(i.e. tensions), and other material areas or matters relating to the
structural integrity of the tower. This is considered a minor
inspection review.
(iii) In addition to the regularly scheduled major and minor
inspections set forth herein, a minor inspection, at a minimum,
will be conducted if the tower or its appurtenances are noted at
any time to be visibly damaged. Additionally, a major inspection
shall be conducted if the visible damage to the tower is
significant or when, after conducting a minor inspection,
significant questions remain about the structural integrity of the
tower.
(d) The Inspections Division may conduct periodic inspections of
telecommunications towers to ensure electrical integrity. The owner of
the telecommunication tower may be required by the County to have
more frequent inspections should there be reason to believe that the
electrical integrity of the tower is jeopardized. The County reserves the
right to require additional inspections if there is evidence that the tower
has a safety problem or is exposed to extraordinary conditions.
(e) Any tower found, through inspection by the owner or by inspection of the
Inspections Division, to be structurally unsafe and cannot be brought into
compliance within 180 days shall be removed at the owner’s expense.
(f) Current or former EIA standards shall apply to the addition of antennas
or other appurtenances to communications towers under the following
conditions:
(i) Additions to towers constructed prior to the effective date of this
Ordinance, regardless of whether the additions are accounted for
in the original design, shall comply with the current EIA
standards, and the wind loading specified therein. Additions to
towers constructed subsequent to the effective date of this
Ordinance shall comply with standards set forth elsewhere in this
Section.
(ii) Existing towers that will not have any additional attached
appurtenances shall at a minimum comply with the EIA
standards in existence at the time the tower was erected.
(iii) Replacement of antennas or other appurtenances shall at a
minimum comply with the EIA standard in existence at the time
the tower was erected if the replacement does not add to the
original design loading.
(iv) If a structural analysis shows a tower is not in compliance with
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the appropriate EIA standards, the owner shall submit an
application to the Inspections Division with a plan to bring the
tower into compliance within six months.
(v) Analysis of Existing Towers
a. Within 12 months of the effective date of this Ordinance
an analysis commissioned by tower owners and
prepared by a North Carolina Licensed Professional
Engineer (P.E. Analysis) shall be performed on all
towers in excess of 100 feet in height and shall be
submitted to the Inspections Division.
b. The analysis shall determine the tower’s compliance or
lack thereof with the EIA standard in effect at the time
the tower was constructed and when the most recent
structural loading change was made.
c. For all towers less than six years old, a current existing
P.E. analysis of the tower may be submitted in lieu of the
new P. E. analysis required above.
d. If the tower does not meet the aforementioned EIA
standards, the letter or existing P.E. analysis shall
include the types of modifications that would be required
to bring the tower up to standard.
e. All existing towers shall be subject to the annual
electrical inspection conducted by the Inspections
Division including any associated inspection fees.
f. The Inspections Division shall be notified in writing when
a required analysis is complete. A copy of the analysis
report shall be made available to the County Inspections
Division upon request. That report shall also give details
of the net result of any changes made to the tower or its
appurtenances since the last inspection.
(D) Fees
(1) A filing fee as set by the Board of County Commissioners shall be paid upon
application for a Site Plan/Zoning Compliance Permit Application, a Building
Permit application, or Special Use Permit.
(2) An inspection fee is due the County at the time of all required future inspections
as detailed within Section 5.10.8(C)(1)(c) of this Ordinance. Such fees may
reflect the County’s fully allocated costs, and shall not exceed such costs.
(3) Public land or right-of-way lease agreements shall be established by separate
instrument and recorded prior to the issuance of Building Permits.
(4) Consultant Fee. Regardless of the type of telecommunication support structure
proposed (i.e. administrative approval, special use permit, co-locationcollocation,
etc.) an applicant is required to submit a fee to cover the County's
telecommunications consultant to review the application. An escrow account of
an amount determined by the Board of County Commissioners, as denoted on
the adopted fee schedule, shall be paid by check to Orange County to pay
associated consultant review fees during all phases of the application review
process. The Board of County Commissioners shall determine the amount of
charges or fees assessed to an applicant on account of an outside consultant in
advance and incorporate these charges and fees into an application fee that is
based on the reasonable costs of the services the County incurs in connection
with the application review. The fees and charges paid by the applicant for the
services of a consultant shall not exceed what is usual and customary for
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Orange County, North Carolina – Unified Development Ordinance Page 5-102
wireless facilities and support structures. The foregoing does not prohibit the
County from imposing additional reasonable cost-based fees for the actual costs
incurred by the County for a consultant's review of an application due to
amendments or revisions to the original application. The amount of the
consultant charges incorporated into the application fee shall be separately
identified and disclosed to the applicant upon request. A partial escrow payment
of $1,000 shall be submitted at the pre-application meeting to cover associated
consulting fees incurred prior to the formal submittal of an application. The
escrow amount required at the formal application submittal shall be reduced by
the $1,000 partial payment amount. 5Any unused funds in the account after
either the approval of the Certificate of Occupancy (CO), or the expiration of the
Special Use Permit approval, whichever is sooner, shall be returned to the
designated party.
5.10.9 Removal of Wireless Support Structures and Facilities
(A) The owner of any facility shall be required to provide a minimum of 30 days written notice
to the County Clerk prior to abandoning any facility.
(B) County Determination
Under the following circumstances, the County may determine that the health, safety, and
welfare interests of the County warrant and require facility removal:
(1) Facilities that have been abandoned (i.e. not used as facilities) for a period
exceeding 90 consecutive days or a total of 180 days in any 365 day period,
except for periods caused by force majeure or Acts of God, in which case, repair
or removal shall commence within 90 days of abandonment;
(2) Permitted facilities fall into such a state of disrepair that it creates a health or
safety hazard;
(3) Facilities have been located, constructed, or modified without first obtaining, or in
a manner not authorized by, the required Special Use Permit, or any other
necessary authorization and the Special Use Permit may be revoked.
(C) If the County makes such a determination as noted above, then the County shall notify
the holder of the Special Use Permit for the facility within 48 hours that said facility shall
be removed.
(D) The holder of the Special Use Permit, or its successors or assigns, shall dismantle and
remove such facility, and all associated structures, from the site and restore the site to as
close to its original condition as is possible, such restoration being limited only by
physical or commercial impracticability, within 90 days of receipt of written notice from the
County. However, if the owner of the property upon which the facility are located wishes
to retain any access to the facility, the owner may do so with the approval of the County.
(E) If a facility is not removed or substantial progress has not been made to remove the
facilities within 90 days after the permit holder has received notice, then the County may
order officials or representatives of the County to remove the facility at the sole expense
of the owner or Special Use Permit holder.
(F) If the County removes, or causes to be removed a facility, and the facility owner does not
claim and remove it from the site to a lawful location within ten days, then the County
may take steps to declare the facility abandoned, and sell them and their components.
(G) Temporary Use Permit/Agreement
5 Staff is deleting references to the payment of fees. The breakdown of fees required for the review of a project is
best handled on the adopted fee schedule and not within the actual Ordinance. We need to rely on the adopted fee
schedule to identify all required fees and not continue to have references to specific dollar amounts within the
Ordinance.
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Section 5.11: Standards for Waste Management Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-103
(1) Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the facility, for no more than 90 days,
during which time the holder of the Special Use Permit shall develop a suitable
plan for facility removal, conversion, or re-location, subject to the approval of the
County, and the holder of the Special Use Permit and the County shall execute
an agreement to such plan.
(2) If such a plan is not developed, approved and executed within the 90 day time
period, then the County may take possession of and dispose of the affected
facility in the manner provided in this Section and utilize the bond.
SECTION 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose
of Disposal of Household Waste by Orange County Residents
(A) General Standards
(1) The site shall consist of a parcel, or easement across a parcel, (whether owned
or leased by the public agency) which has been recorded by the Orange County
Register of Deeds.
(2) The parcel or easement across the parcel, (whether owned or leased by the
public agency) on which the facility is located shall contain a minimum area of
40,000 square feet.
(3) The parcel or easement shall have frontage on a State maintained road.
(4) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of
the parcel or easement.
(5) Fencing at least six feet in height shall be provided between the landscape buffer
and the improved portion of the parcel or easement.
(6) An entrance sign shall identify site as a sanitation collection site, and shall
identify the responsible public agency. The sign shall contain a maximum of nine
square feet and shall not exceed eight feet in height. Instructional signs may be
erected as needed within the facility.
(7) The entrance to the site shall contain a travelway a minimum of 30' in width.
5.11.2 Landfills
(A) Standards for Class A and Class B Special Use Permits
(1) Submittal Requirements
In addition to the basic information required by Section 2.7 the following
information shall be submitted as part of the application:
(a) Typical cross sections showing extent of overburden, extent of fill and
water table elevation, based on mean sea level datum;
(b) Proposed handling and storage areas for overburden, by products and fill
materials;
(c) Proposed fencing, screening and gates, parking, service and other
areas;
(d) Any areas proposed for ponding; and
(e) Access roads to the site, as well as on site roads, with indication of
surface treatment to limit dust, and sight distances on all roads used for
access to the site.
(f) An Operations Plan which shall include:
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-50
Subdivision, Minor
A division of a tract of land that does not:
a) Create more than five lots, including the residual acreage, from any one tract of land in any 24
month period;
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;
d) Necessitate the installation of drainage improvements which would require easements through
one or more lots to serve other lots; and
e) At the option of the applicant, involve vesting of the subdivision for a period greater than one
year.
Substantial damage
Damage of any origin sustained by a structure during any one year period whereby the cost of restoring
the structure to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred. See definition of “substantial improvement.” Substantial damage
also means flood-related damage sustained by a structure on two separate occasions during a 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 of the structure before the damage occurred.
Substantial improvement
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure,
taking place during any one year period whereby the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement. This term includes structures,
which have incurred substantial damage, regardless of the actual repair work performed. The term does
not, however, include either any correction of existing violations of State or Orange County health,
sanitary, or safety code specifications which have been identified by the Orange County code
enforcement official and which are the minimum necessary to assure safe living conditions, or any
alteration of a historic structure provided that the alteration will not preclude the structure's continued
designation as a historic structure.
Support System
A combination of footers, piers, caps, and shims that will, when properly installed, support the mobile
home. Masonry walls may be installed as a cosmetic feature.
Telecommunication Facilities, Accessory Use
A use incidental to, subordinate to, and subservient to the principal use of the property. As defined in this
section an accessory use is a secondary use.
Telecommunication Facilities, Antenna
A system of electrical conductor communications equipment that transmits and/or receives
electromagnetic radio signals used in the provision of all types of wireless communications services.
Telecommunication Facilities, Applicant
Any wireless service provider or wireless support structure owner submitting an application for a wireless
facility.
Telecommunication Facilities, Application
A formal request, containing all necessary and required documentation, submitted to Orange County to
construct or modify a wireless support structure or a wireless facility.
Telecommunication Facilities, Base Station
A station at a specific site authorized to communication with mobile stations, generally consisting of radio
receivers, antennas, coaxial cables, power supplies, and other associated electronics.6
6 The term base station is new to State Law and we are adding the definition to the UDO.
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Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-51
Telecommunication Facilities, Building Code
The most recently adopted or amended edition of the North Carolina State Building Code.
Telecommunication Facilities, Building permit
An official Orange County administrative authorization to begin construction consistent with the provisions
of N.C.G.S. 153A-357.
Telecommunication Facilities, Collocation
The installation of new wireless facilities on previously approved structures, including wireless support
structures, buildings, utility poles, and water tanks. The placement or installation of wireless facilities on
existing structures, including electrical transmission towers, water towers, buildings, and other structures
capable of structurally supporting the attachment of wireless facilities in compliance with applicable
codes. 7
Telecommunication Facilities, Commercial Impracticability or Commercially
Impracticable
The inability to perform an act on terms that are reasonable in commerce, the cause or occurrence of
which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy
of the project. The inability to achieve a particular financial return on investment or profit, standing alone,
and for a single site, shall not deem a situation to be commercially impracticable and shall not render an
act or the terms of an agreement commercially impractical.
Telecommunication Facilities, Equipment Compound
An area surrounding or near the base of a wireless support structure within which a wireless facility is
located.8
Telecommunication Facilities, EIA-222
Electronics Industries Association Standard 222 (Structural Standards for Steel Antenna Wireless support
structures and Antenna Support Structures).
Telecommunication Facilities, Equipment enclosure
An enclosed structure, cabinet, or shelter used to contain radio or other equipment necessary for the
transmission or reception of wireless communication signals.
Telecommunication Facilities, Eligible Facilities Request
A request for modification of an existing wireless tower or base station that involves collocation of new
transmission equipment or replacement of transmission equipment but does not include a substantial
modification.9
Telecommunication Facilities, Existing Structure/Building
For purposes of this Section, any building or structure that currently exist on a parcel of land. Such
structures may include, but shall not be limited to, telecommunications wireless support structures,
overhead transmission line support structures, water tanks, silos, churches, schools, and utility poles.
Telecommunication Facilities, Extraordinary Conditions
Conditions subsequent to a hurricane, flood, tornado, or other natural or other disaster.
Telecommunication Facilities, FAA
The Federal Aviation Administration or its duly designated and authorized successor agency.
7 Our existing definition has, which was taken from State law, has been modified to comply with recent changes
adopted as part of the 2013-185 Session Law.
8 Adding a new definition detailed within the Session Law.
9 Adding a new definition detailed within the Session Law. Appropriate reference has also been included within the
telecommunication regulations section of the UDO.
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-53
Telecommunication Facilities, Personal Wireless Services (PWS) or Personal
Telecommunications Service (PTS)
As defined and used in the 1996 Telecommunications Act.
Telecommunication Facilities, Repairs and maintenance
The replacement or repair of any components of a wireless facility where the replacement is identical to
the component being replaced or for any matters that involve the normal repair and maintenance of a
wireless facility without the addition, removal or change of any of the physical or visually discernable
components or aspects of a wireless facility that will add to the visible appearance of the facility as
originally permitted, but does not constitute a modification to a wireless facility or support structure.
Telecommunication Facilities, Roofline
The overall ridgeline of the structure, not including cupolas, elevator towers, clock towers or other similar
features.
Telecommunication Facilities, Search ring
The area within which a wireless support structure must be located in order to meet service objectives of
the wireless service provider using the wireless facility or wireless support structure.
Telecommunication Facilities, Self-Support/Lattice Wireless support structure
A tapered structure broad at the base and narrower at the top consisting of cross-members and diagonal
bracing and without guyed support.
Telecommunication Facilities, Stealth or Stealth Technology
A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property,
buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested
location of such wireless support structures, which shall mean building the least visually and physically
intrusive facility that is not technologically or commercially impracticable under the facts and
circumstances. Stealth technology includes such technology as Distributed Antenna System (DAS) or its
functional equivalent or camouflage where the structure is disguised to make it less visually obtrusive and
not recognized to the average person as a wireless support structure.
Telecommunication Facilities, Substantial Modification
The mounting of a proposed wireless facility on a wireless support structure that substantially changes
the physical dimensions of the support structure.
Telecommunication Facilities, Telecommunication Equipment
Equipment, which is located either upon a telecommunication tower or a structure and includes some
form of antenna for the purpose of transmitting and receiving wireless services.
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Utility pole
A structure that is designed for and used to carry lines, cables, or wires for telephone, cable television, or
electricity, or to provide lighting.
Telecommunication Facilities, Unforeseen Events
Condemnations of existing telecommunications wireless support structures for road projects, casualty of
existing telecommunications wireless support structures, blocking of signals from new construction
necessitating a relocation of a telecommunication wireless support structure, or the need to replace an
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Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-54
existing telecommunication wireless support structure for capacity issues, or for other reasons deemed
necessary by the County Planning Director or his/her designee.
Telecommunication Facilities, Whip Antenna
A cylindrical antenna that transmits and/or receives signals in 360 degrees.
Telecommunication Facilities, Wireless facility
The set of equipment and network components, exclusive of the underlying wireless support structure or
tower, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated
equipment necessary to provide wireless data and wireless telecommunications services to a discrete
geographic area. This may also be referred to as a Personal Wireless Facility.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing for
custodial care under a Class B Special Use Permit or providing temporary residential space during the
installation of a replacement mobile home or construction of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a permanent or semi-permanent foundation.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Tourist Home
A building or group of attached or detached buildings containing, in combination, three to nine lodging
units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by
transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than
transients.
Traffic Generation: Low
Uses which generate an average of less than 200 vehicle trips per day.
46
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 2, 2013
Action Agenda
Item No. 3
SUBJECT: Review of Proposed UDO Text Amendments Related to Board of Adjustment
Operation
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Outline Form
(UDO & Zoning 2013-05) and Session
Law 2013-126
2. Draft UDO Amendment Package
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon a Planning Director initiated UDO text amendment
package concerning procedural and notification requirements for the Board of Adjustment. The
package also seeks to modify procedural requirements associated with the processing of Class
A Special Use Permits, handled by the BOCC.
BACKGROUND: Session Law 2013-126, adopted June 19, 2013, has modified procedural and
notification requirements for the Board of Adjustment. These changes include modification of the
required findings associated with a variance request and changing required voting standards for
special use permit and appeal applications.
Staff is proposing to revise existing language within the UDO to ensure consistency with State law.
For additional background, and a copy of the Session Law, please refer to Attachment 1. The
proposed amendment package is contained in Attachment 2.
Various County staff are also currently reviewing the proposed amendments so there may be
changes made in response to any staff comments received.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Planning Director recommends the Board review and comment
on the proposed amendment package accordingly.
47
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-05
UDO Text Amendment(s) incorporating recent changes in State law concerning
procedural and notification requirements for the Board of Adjustment
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): 1. Section 2.5 4 Site Plan Review – Procedures and
Timeframes
2. Section 2.10 Variances
3. Section 2.11 Interpretations
4. Section 2.12 Board of Adjustment
5. Section 2.25 Appeals
of the UDO to incorporate recent changes to State law with respect
to items reviewed and by the Orange County Board of Adjustment
Other:
Attachment 1 48
2
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 has
initiated text amendment(s) to incorporate recent changes in State Law, specifically
Session Law 2013-126, related to the processing and review of variance,
interpretation/appeal, and special use permit applications by the Board of Adjustment
(BOA).
The Session Law modifies and updates procedural and notification requirements for the
various applications reviewed by the BOA, including:
1. Allowing for a simple majority vote on appeal and special use permit
applications. The General Statutes previously required a four-fifths vote of
BOA members to grant on all applications before them.
It should be noted variance requests are still required to be approved by a
four-fifths vote.
2. Adds new language spelling out the local government’s responsibility for
informing a property owner of public hearings dates/times.
3. Adds new language establishing the manner in which planning decisions can
be advertised. We now have an option of posting a sign on a property where
a zoning decision/determination has been made.
This is in furtherance of allowing for a broader ‘notification’ of planning
decisions to the general public.
4. Clarifies deadlines for filing appeals of BOA decisions with Superior Court.
5. Modifies language establishing the criteria for the issuance/denial of a
variance.
A copy of the Session Law can be found at the end of this form.
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’.
The amendments are necessary to ensure our process is consistent with recent changes
in State Law.
It should be noted staff is not proposing modifications of existing notification standards.
State law, for example, requires we notify adjacent property owners of a hearing by the
BOA on a variance, appeal, or special use permit 10 days prior to said meeting via first
class mail.
The County currently sends this notice via certified mail 15 days prior to the hearing. We
will not be changing this requirement as part of this amendment process.
49
3
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
4. New Statutes and Rules
Session Law 2013-126 An Act To Clarify And Modernize Statutes Regarding Zoning
Board of Adjustment (included at the end of this form)
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 – Approve legal advertisement for the November 25, 2013
Quarterly Public Hearing.
October 2, 2013 – Planning Board Ordinance Review Committee (ORC) (BOCC
members can read agenda materials)
November 25, 2013 – Quarterly Public Hearing
January 2014 - Receive Planning Board recommendation.
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
October 2, 2013 – Ordinance Review Committee (ORC)
December 4, 2013 – Recommendation
b. Advisory Boards:
c. Local Government Review:
50
4
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
Costs of mailings and/or legal notices shall continue to be offset by application fees
for various projects acted upon by the BOA.
D. AMENDMENT IMPLICATIONS
Language within the UDO will be consistent with recent modifications to State law.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 for draft language, which is currently being reviewed by various
County staff members.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
51
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-126
HOUSE BILL 276
*H276-v-6*
AN ACT TO CLARIFY AND MODERNIZE STATUTES REGARDING ZONING BOARDS
OF ADJUSTMENT.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A-388 reads as rewritten:
"§ 160A-388. Board of adjustment.
(a) Composition and Duties. – The city council zoning or unified development
ordinance may provide for the appointment and compensation of a board of adjustment
consisting of five or more members, each to be appointed for three years. In appointing the
original members of such board, members or in the filling of vacancies caused by the expiration
of the terms of existing members, the city council may appoint certain members for less than
three years to the end so that thereafter the terms of all members shall not expire at the same
time. The council may, in its discretion, may appoint and provide compensation for alternate
members to serve on the board in the absence or temporary disqualification of any regular
member or to fill a vacancy pending appointment of a member. Alternate members shall be
appointed for the same term, at the same time, and in the same manner as regular members.
Each alternate member, while attending any regular or special meeting of the board and
member serving on behalf of any regular member, shall have and may exercise member has all
the powers and duties of a regular member. A city The ordinance may designate a planning
board or governing board to perform any or all of the duties of a board of adjustment in
addition to its other duties.duties and may create and designate specialized boards to hear
technical appeals.
(a1) Provisions of Ordinance. – The zoning or unified development ordinance may
provide that the board of adjustment hear and decide special and conditional use permits,
requests for variances, and appeals of decisions of administrative officials charged with
enforcement of the ordinance. As used in this section, the term "decision" includes any final
and binding order, requirement, or determination. The board of adjustment shall follow
quasi-judicial procedures when deciding appeals and requests for variances and special and
conditional use permits. The board shall hear and decide all matters upon which it is required to
pass under any statute or ordinance that regulates land use or development.
(a2) Notice of Hearing. – Notice of hearings conducted pursuant to this section shall be
mailed to the person or entity whose appeal, application, or request is the subject of the hearing;
to the owner of the property that is the subject of the hearing if the owner did not initiate the
hearing; to the owners of all parcels of land abutting the parcel of land that is the subject of the
hearing; and to any other persons entitled to receive notice as provided by the zoning or unified
development ordinance. In the absence of evidence to the contrary, the city may rely on the
county tax listing to determine owners of property entitled to mailed notice. The notice must be
deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the
hearing. Within that same time period, the city shall also prominently post a notice of the
hearing on the site that is the subject of the hearing or on an adjacent street or highway
right-of-way.
(b) A zoning ordinance or those provisions of a unified development ordinance adopted
pursuant to the authority granted in this Part shall provide that the board of adjustment shall
hear and decide appeals from and review any order, requirement, decision, or determination
made by an administrative official charged with the enforcement of that ordinance. An appeal
may be taken by any person aggrieved or by an officer, department, board, or bureau of the
city. Appeals shall be taken within times prescribed by the board of adjustment by general rule,
52
Page 2 Session Law 2013-126 SL2013-126
by filing with the officer from whom the appeal is taken and with the board of adjustment a
notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken
shall forthwith transmit to the board all the papers constituting the record upon which the action
appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the board of adjustment,
after notice of appeal has been filed with him, that because of facts stated in the certificate a
stay would, in his opinion, cause imminent peril to life or property or that because the violation
charged is transitory in nature a stay would seriously interfere with enforcement of the
ordinance. In that case proceedings shall not be stayed except by a restraining order, which may
be granted by the board of adjustment or by a court of record on application, on notice to the
officer from whom the appeal is taken and on due cause shown. The board of adjustment shall
fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and
decide it within a reasonable time. The board of adjustment may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or determination appealed from, and
shall make any order, requirement, decision, or determination that in its opinion ought to be
made in the premises. To this end the board shall have all the powers of the officer from whom
the appeal is taken.
(b1) Appeals. – The board of adjustment shall hear and decide appeals decisions of
administrative officials charged with enforcement of the zoning or unified development
ordinance and may hear appeals arising out of any other ordinance that regulates land use or
development, pursuant to all of the following:
(1) Any person who has standing under G.S. 160A-393(d) or the city may
appeal a decision to the board of adjustment. An appeal is taken by filing a
notice of appeal with the city clerk. The notice of appeal shall state the
grounds for the appeal.
(2) The official who made the decision shall give written notice to the owner of
the property that is the subject of the decision and to the party who sought
the decision, if different from the owner. The written notice shall be
delivered by personal delivery, electronic mail, or by first-class mail.
(3) The owner or other party shall have 30 days from receipt of the written
notice within which to file an appeal. Any other person with standing to
appeal shall have 30 days from receipt from any source of actual or
constructive notice of the decision within which to file an appeal.
(4) It shall be conclusively presumed that all persons with standing to appeal
have constructive notice of the decision from the date a sign containing the
words "Zoning Decision" or "Subdivision Decision" in letters at least six
inches high and identifying the means to contact an official for information
about the decision is prominently posted on the property that is the subject of
the decision, provided the sign remains on the property for at least 10 days.
Posting of signs is not the only form of constructive notice. Any such
posting shall be the responsibility of the landowner or applicant. Verification
of the posting shall be provided to the official who made the decision.
Absent an ordinance provision to the contrary, posting of signs shall not be
required.
(5) The official who made the decision shall transmit to the board all documents
and exhibits constituting the record upon which the action appealed from is
taken. The official shall also provide a copy of the record to the appellant
and to the owner of the property that is the subject of the appeal if the
appellant is not the owner.
(6) An appeal of a notice of violation or other enforcement order stays
enforcement of the action appealed from unless the official who made the
decision certifies to the board of adjustment after notice of appeal has been
filed that because of the facts stated in an affidavit, a stay would cause
imminent peril to life or property or because the violation is transitory in
nature, a stay would seriously interfere with enforcement of the ordinance.
In that case, enforcement proceedings shall not be stayed except by a
restraining order, which may be granted by a court. If enforcement
proceedings are not stayed, the appellant may file with the official a request
for an expedited hearing of the appeal, and the board of adjustment shall
53
SL2013-126 Session Law 2013-126 Page 3
meet to hear the appeal within 15 days after such a request is filed.
Notwithstanding the foregoing, appeals of decisions granting a permit or
otherwise affirming that a proposed use of property is consistent with the
ordinance shall not stay the further review of an application for permits or
permissions to use such property; in these situations the appellant may
request and the board may grant a stay of a final decision of permit
applications or building permits affected by the issue being appealed.
(7) Subject to the provisions of subdivision (6) of this subsection, the board of
adjustment shall hear and decide the appeal within a reasonable time.
(8) The official who made the decision shall be present at the hearing as a
witness. The appellant shall not be limited at the hearing to matters stated in
the notice of appeal. If any party or the city would be unduly prejudiced by
the presentation of matters not presented in the notice of appeal, the board
shall continue the hearing. The board of adjustment may reverse or affirm,
wholly or partly, or may modify the decision appealed from and shall make
any order, requirement, decision, or determination that ought to be made.
The board shall have all the powers of the official who made the decision.
(9) When hearing an appeal pursuant to G.S. 160A-400.9(e) or any other appeal
in the nature of certiorari, the hearing shall be based on the record below and
the scope of review shall be as provided in G.S. 160A-393(k).
(10) The parties to an appeal that has been made under this subsection may agree
to mediation or other forms of alternative dispute resolution. The ordinance
may set standards and procedures to facilitate and manage such voluntary
alternative dispute resolution.
(c) Special and Conditional Use Permits. – The zoning ordinance may provide that the
board of adjustment may permit special exceptions to the zoning regulations in specified
classes of cases or situations as provided in subsection (d) of this section, not including
variances in permitted uses, and that the board may use hear and decide special and conditional
use permits, all to be permits in accordance with the principles, conditions, safeguards,
standards and procedures specified in the ordinance. Reasonable and appropriate conditions
may be imposed upon these permits.The ordinance may also authorize the board to interpret
zoning maps and pass upon disputed questions of lot lines or district boundary lines and similar
questions as they arise in the administration of the ordinance. The board shall hear and decide
all matters referred to it or upon which it is required to pass under any zoning ordinance.
(d) Variances. – When practical difficulties or unnecessary hardships would result from
carrying out the strict letter of a zoning ordinance, the board of adjustment shall have the power
to vary or modify any of the regulations or provisions of the ordinance so that provisions of the
ordinance upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the
ordinance. It shall not be necessary to demonstrate that, in the absence of the
variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such
as location, size, or topography. Hardships resulting from personal
circumstances, as well as hardships resulting from conditions that are
common to the neighborhood or the general public, may not be the basis for
granting a variance.
(3) The hardship did not result from actions taken by the applicant or the
property owner. The act of purchasing property with knowledge that
circumstances exist that may justify the granting of a variance shall not be
regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit spirit, purpose, and intent
of the ordinance shall be observed, ordinance, such that public safety and
welfare secured, safety is secured, and substantial justice done. is achieved.
No change in permitted uses may be authorized by variance. Appropriate conditions, which
must be reasonably related to the condition or circumstance that gives rise to the need for a
variance, may be imposed on any approval issued by the board.Appropriate conditions may be
imposed on any variance, provided that the conditions are reasonably related to the variance.
Any other ordinance that regulates land use or development may provide for variances
consistent with the provisions of this subsection.
54
Page 4 Session Law 2013-126 SL2013-126
(e) Voting. –
(1) The concurring vote of four-fifths of the members of the board shall be
necessary to reverse any order, requirement, decision, or determination of
any administrative official charged with the enforcement of an ordinance
adopted pursuant to this Part, or to decide in favor of the applicant any
matter upon which it is required to pass under any ordinance, or to grant a
variance from the provisions of the ordinance. grant a variance. A majority
of the members shall be required to decide any other quasi-judicial matter or
to determine an appeal made in the nature of certiorari. For the purposes of
this subsection, vacant positions on the board and members who are
disqualified from voting on a quasi-judicial matter shall not be considered
"members of the board"members of the board for calculation of the requisite
supermajority majority if there are no qualified alternates available to take
the place of such members.
(e1) A member of the board or any other body exercising quasi-judicial functions
pursuant to this Article shall not participate in or vote on any quasi-judicial matter in a manner
that would violate affected persons' constitutional rights to an impartial decision maker.
Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior
to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a
close familial, business, or other associational relationship with an affected person, or a
financial interest in the outcome of the matter. If an objection is raised to a member's
participation and that member does not recuse himself or herself, the remaining members shall
by majority vote rule on the objection.
(e2) Quasi-Judicial Decisions and Judicial Review. –
(1) The board shall determine contested facts and make its decision within a
reasonable time. Every quasi-judicial decision shall be based upon
competent, material, and substantial evidence in the record. Each
quasi-judicial decision shall be reduced to writing and reflect the board's
determination of contested facts and their application to the applicable
standards. The written decision shall be signed by the chair or other duly
authorized member of the board. A quasi-judicial decision is effective upon
filing the written decision with the clerk to the board or such other office or
official as the ordinance specifies. The decision of the board shall be
delivered by personal delivery, electronic mail, or by first-class mail to the
applicant, property owner, and to any person who has submitted a written
request for a copy, prior to the date the decision becomes effective. The
person required to provide notice shall certify that proper notice has been
made.
(2) Every quasi-judicial decision of the board shall be subject to review by the
superior court by proceedings in the nature of certiorari. Any certiorari
pursuant to G.S. 160A-393. A petition for review by the superior court shall
be filed with the clerk of superior court within by the later of 30 days after
the decision of the board is filed in such office as the ordinance specifies, is
effective or after a written copy thereof is given in accordance with
subdivision (1) of this subsection. When first-class mail is used to deliver
notice, three days shall be added to the time to file the petition.delivered to
every aggrieved party who has filed a written request for such copy with the
secretary or chairman of the board at the time of its hearing of the case,
whichever is later. The decision of the board may be delivered to the
aggrieved party either by personal service or by registered mail or certified
mail return receipt requested.
(f) Oaths. – The chairman chair of the board of adjustment or any member temporarily
acting as chairman, chair and the clerk to the board areis authorized in his official capacity to
administer oaths to witnesses in any matter coming before the board. Any person who, while
under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty
of a Class 1 misdemeanor.
(g) Subpoenas. – The board of adjustment adjustment through the chair, or in the chair's
absence anyone acting as chair, may subpoena witnesses and compel the production of
evidence. To request issuance of a subpoena, persons with standing under G.S. 160A-393(d)
55
SL2013-126 Session Law 2013-126 Page 5
may make a written request to the chair explaining why it is necessary for certain witnesses or
evidence to be compelled. The chair shall issue requested subpoenas he or she determines to be
relevant, reasonable in nature and scope, and not oppressive. The chair shall rule on any motion
to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be
appealed to the full board of adjustment. If a person fails or refuses to obey a subpoena issued
pursuant to this subsection, the board of adjustment or the party seeking the subpoena may
apply to the General Court of Justice for an order requiring that its order subpoena be obeyed,
and the court shall have jurisdiction to issue these orders after notice to all proper parties. No
testimony of any witness before the board of adjustment pursuant to a subpoena issued in
exercise of the power conferred by this subsection may be used against the witness in the trial
of any civil or criminal action other than a prosecution for false swearing committed on the
examination. Any person who, while under oath during a proceeding before the board of
adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor."
SECTION 2.(a) G.S. 160A-388(e1) is recodified as G.S. 160A-388(e)(2).
SECTION 2.(b) G.S. 160A-388(e)(2), as recodified by Section 2(a) of this act,
reads as rewritten:
"(2) A member of the any board or any other body exercising quasi-judicial
functions pursuant to this Article shall not participate in or vote on any
quasi-judicial matter in a manner that would violate affected persons'
constitutional rights to an impartial decision maker. Impermissible conflicts
violations of due process include, but are not limited to, a member having a
fixed opinion prior to hearing the matter that is not susceptible to change,
undisclosed ex parte communications, a close familial, business, or other
associational relationship with an affected person, or a financial interest in
the outcome of the matter. If an objection is raised to a member's
participation and that member does not recuse himself or herself, the
remaining members shall by majority vote rule on the objection."
SECTION 3.(a) G.S. 153A-345 is repealed except that any local modification to
that section in effect on September 30, 2013, shall be treated as a local modification to
G.S. 160A-388 from October 1, 2013, through June 30, 2015.
SECTION 3.(b) Article 18 of Chapter 153A of the General Statutes is amended by
adding a new section to read:
"§ 153A-345.1. Board of adjustment.
(a) The provisions of G.S. 160A-388 are applicable to counties.
(b) For the purposes of this section, as used in G.S. 160A-388, the term "city council" is
deemed to refer to the board of county commissioners, and the terms "city" or "municipality"
are deemed to refer to the county.
(c) If a board of county commissioners does not zone the entire territorial jurisdiction of
the county, each designated zoning area shall, if practicable, have at least one resident as a
member of the board of adjustment; otherwise, the provisions of G.S. 153A-25 regarding
qualifications for appointive office shall apply to board of adjustment appointments."
SECTION 4. G.S. 160A-381(c) reads as rewritten:
"(c) The regulations may also provide that the board of adjustment, the planning board,
or the city council may issue special use permits or conditional use permits in the classes of
cases or situations and in accordance with the principles, conditions, safeguards, and
procedures specified therein and may impose reasonable and appropriate conditions and
safeguards upon these permits. When deciding special use permits or conditional use permits,
the city council or planning board shall follow quasi-judicial procedures. Notice of hearings on
special or conditional use permit applications shall be as provided in G.S. 160A-388(a2). No
vote greater than a majority vote shall be required for the city council or planning board to
issue such permits. For the purposes of this section, vacant positions on the board and members
who are disqualified from voting on a quasi-judicial matter shall not be considered "members
of the board" for calculation of the requisite majority. Every such decision of the city council or
planning board shall be subject to review of the superior court in the nature of certiorari in
accordance with G.S. 160A-388.
Where appropriate, such conditions may include requirements that street and utility
rights-of-way be dedicated to the public and that provision be made of recreational space and
facilities."
SECTION 5. G.S. 153A-340(c1) reads as rewritten:
56
Page 6 Session Law 2013-126 SL2013-126
"(c1) The regulations may also provide that the board of adjustment, the planning board,
or the board of commissioners may issue special use permits or conditional use permits in the
classes of cases or situations and in accordance with the principles, conditions, safeguards, and
procedures specified therein and may impose reasonable and appropriate conditions and
safeguards upon these permits. Where appropriate, the conditions may include requirements
that street and utility rights-of-way be dedicated to the public and that recreational space be
provided. When deciding special use permits or conditional use permits, the board of county
commissioners or planning board shall follow quasi-judicial procedures. Notice of hearings on
special or conditional use permit applications shall be as provided in G.S. 160A-388(a2). No
vote greater than a majority vote shall be required for the board of county commissioners or
planning board to issue such permits. For the purposes of this section, vacant positions on the
board and members who are disqualified from voting on a quasi-judicial matter shall not be
considered "members of the board" for calculation of the requisite majority. Every such
decision of the board of county commissioners or planning board shall be subject to review of
the superior court in the nature of certiorari consistent with G.S. 153A-345."
SECTION 6. G.S. 153A-44 reads as rewritten:
"§ 153A-44. Members excused from voting.
The board may excuse a member from voting, but only upon questions involving the
member's own financial interest or official conduct or on matters on which the member is
prohibited from voting under G.S. 14-234, 153A-340(g), or 153A-345(e1). 160A-388(e)(2).
For purposes of this section, the question of the compensation and allowances of members of
the board does not involve a member's own financial interest or official conduct."
SECTION 7. G.S. 153A-336(a) reads as rewritten:
"(a) When a subdivision ordinance adopted under this Part provides that the decision
whether to approve or deny a preliminary or final subdivision plat is to be made by a board of
commissioners or a planning board, other than a planning board comprised solely of members
of a county planning staff, and the ordinance authorizes the board of commissioners or
planning board to make a quasi-judicial decision in deciding whether to approve the
subdivision plat, then that quasi-judicial decision of the board of commissioners or planning
board shall be subject to review by the superior court by proceedings in the nature of certiorari.
The provisions of G.S. 153A-340(f), 153A-345(e2),160A-388(e2)(2), and 153A-349 shall
apply to those appeals."
SECTION 8. G.S. 153A-340(c1) reads as rewritten:
"(c1) The regulations may also provide that the board of adjustment, the planning board,
or the board of commissioners may issue special use permits or conditional use permits in the
classes of cases or situations and in accordance with the principles, conditions, safeguards, and
procedures specified therein and may impose reasonable and appropriate conditions and
safeguards upon these permits. Where appropriate, the conditions may include requirements
that street and utility rights-of-way be dedicated to the public and that recreational space be
provided. When deciding special use permits or conditional use permits, the board of county
commissioners or planning board shall follow quasi-judicial procedures. No vote greater than a
majority vote shall be required for the board of county commissioners or planning board to
issue such permits. For the purposes of this section, vacant positions on the board and members
who are disqualified from voting on a quasi-judicial matter shall not be considered "members
of the board" for calculation of the requisite majority. Every such decision of the board of
county commissioners or planning board shall be subject to review of the superior court in the
nature of certiorari consistent with G.S. 153A-345. G.S. 160A-388."
SECTION 9. G.S. 153A-349(c) is repealed.
SECTION 10. G.S. 153A-349.8(c) reads as rewritten:
"(c) If the developer fails to cure the material breach within the time given, then the local
government unilaterally may terminate or modify the development agreement; provided, the
notice of termination or modification may be appealed to the board of adjustment in the manner
provided by G.S. 153A-345(b). G.S. 160A-388(b1)."
SECTION 11. G.S. 160A-75 reads as rewritten:
"§ 160A-75. Voting.
No member shall be excused from voting except upon matters involving the consideration
of the member's own financial interest or official conduct or on matters on which the member is
prohibited from voting under G.S. 14-234, 160A-381(d), or 160A-388(e1).160A-388(e)(2). In
all other cases, a failure to vote by a member who is physically present in the council chamber,
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SL2013-126 Session Law 2013-126 Page 7
or who has withdrawn without being excused by a majority vote of the remaining members
present, shall be recorded as an affirmative vote. The question of the compensation and
allowances of members of the council is not a matter involving a member's own financial
interest or official conduct.
An affirmative vote equal to a majority of all the members of the council not excused from
voting on the question in issue, including the mayor's vote in case of an equal division, shall be
required to adopt an ordinance, take any action having the effect of an ordinance, authorize or
commit the expenditure of public funds, or make, ratify, or authorize any contract on behalf of
the city. In addition, no ordinance nor any action having the effect of any ordinance may be
finally adopted on the date on which it is introduced except by an affirmative vote equal to or
greater than two thirds of all the actual membership of the council, excluding vacant seats and
not including the mayor unless the mayor has the right to vote on all questions before the
council. For purposes of this section, an ordinance shall be deemed to have been introduced on
the date the subject matter is first voted on by the council."
SECTION 12. G.S. 160A-377(a) reads as rewritten:
"(a) When a subdivision ordinance adopted under this Part provides that the decision
whether to approve or deny a preliminary or final subdivision plat is to be made by a city
council or a planning board, other than a planning board comprised solely of members of a city
planning staff, and the ordinance authorizes the council or planning board to make a
quasi-judicial decision in deciding whether to approve the subdivision plat, then that
quasi-judicial decision of the council or planning board shall be subject to review by the
superior court by proceedings in the nature of certiorari. The provisions of G.S. 160A-381(c),
160A-388(e2),160A-388(e2)(2), and 160A-393 shall apply to those appeals."
SECTION 13. G.S. 160A-393(c)(3) reads as rewritten:
"(3) Set forth with particularity the allegations and facts, if any, in support of
allegations that, as the result of impermissible conflict as described in
G.S. 160A-388(e1),G.S. 160A-388(e)(2), or locally adopted conflict rules,
the decision-making body was not sufficiently impartial to comply with due
process principles."
SECTION 14. G.S. 160A-393(j)(2) reads as rewritten:
"(2) Whether, as a result of impermissible conflict as described in
G.S. 160A-388(e1),G.S. 160A-388(e)(2), or locally adopted conflict rules,
the decision-making body was not sufficiently impartial to comply with due
process principles."
SECTION 15. This act becomes effective October 1, 2013, and applies to actions
taken on or after that date by any board of adjustment.
In the General Assembly read three times and ratified this the 10th day of June,
2013.
s/ Daniel J. Forest
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:20 p.m. this 19th day of June, 2013
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(G) Effect of Approval
(1) Approval of a CZD is binding on the property and the development and use of the
subject property shall be governed by the Ordinance requirements applicable to
the specific CZD district and all approved conditions.
(2) The applicant shall comply with all requirements established in the CZD
Ordinance. Only those uses and structures included in the CZD Ordinance and
approved site plan shall be allowed on the subject property.
(H) Zoning Atlas Designation
Following approval of the CZD district by the Board of County Commissioners, the
subject property shall be identified on the Zoning Atlas by the appropriate district
designation.
(I) Alterations to an Approved CZD
(1) Except as provided in Section 6.7.2 for MPD-CZ projects, changes to approved
plans and conditions of development shall be treated as changes to the zoning
atlas and shall be processed as an amendment to such as contained in this
Article.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.3 Public Hearing and Notification Requirements – CUD and CZD
The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in
Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7.
SECTION 2.10: VARIANCES
2.10.1 Purpose
The procedures of this section authorize the Board of Adjustment to modify or vary regulations of
this Ordinance when strict compliance with the regulation or standard would result in practical
difficulties or unnecessary hardships upon the subject property.1
2.10.2 Application Requirements
(A) Applications for a Variance shall be submitted on forms provided by the Planning
Department in accordance with Section 2.2 of this Ordinance. Ten copies of the
application and supporting documentation shall be submitted.
(B) Applications shall include:
(1) The section reference, and copy of the existing regulatory language, that is the
subject of the application,
1 Language is recommended for deletion in order to be consistent with recent modificaitons to State law.
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(2) A description of the specific modification sought by the applicant. For example, if
the request is for a modification of a corner lot setback requirement, the applicant
shall provide the exact reduction of the established corner lot setback requested
as part of the application,
(3) A plot plan, site plan, or other similar document(s) denoting the physical impact
of the proposed request on the parcel,
(4) A narrative outlining the answers to the five required findings detailed within
Section 2.10.3 of the Ordinance justifying the issuance of the variance, and
(5) Copies of any additional information deemed essential by the applicant justifying
the approval of the request.
2.10.3 Authorized Variances
A variance may be approved by the Board of Adjustment in cases involving where practical
difficulties or unnecessary hardships would result from carrying out the strict letter of the
Ordinance, when substantial evidence in the official record of the application supports all of the
following findings:
(A) The alleged hardships or practical difficulties are unique and singular to the property of
the applicant and are not suffered in common with other property similarly
locatedUnnecessary hardship would result from the strict application of the Ordinance. It
shall not be necessary to demonstrate that, in the absence of the variance, no
reasonable use can be made of the property.
(B) The alleged hardships and practical difficulties that would result from failure to grant the
variance extend to the inability to use the land in question for any reasonable use in
conformity with the provisions of this Ordinance and include substantially more than mere
inconvenience and inability to attain a higher financial return.2
(C)(B) The hardship results from conditions that are preculiar to the property, such as location,
size, or topography. Hardships resulting from personal circumstances, as well as
hardships resulting from personal circumstances, as well as hardships resulting from
conditions that are common to the neighborhood or general public, may not be the basis
for granting a variance. The variance, if approved, will not substantially interfere with or
injure the rights of others whose property would be affected by approval of the variance.
(D)(C) The variance is in harmony with and serves the general intent and purpose of this
Ordinance and the adopted Comprehensive PlanThe hardship did not result from actions
taken by the applicant or the property owner. The act of purchasing property with
knowledge that circumstances exist that may justify the granting of a variance shall not
be regarded as a self-created hardship.
(E)(D) Approving the variance will result in substantial justice being done, considering both the
public benefits intended to be secured by this Ordinance and the individual hardships that
will be suffered by a failure of the Board of Adjustment to grant a varianceThe requested
variance is consistent with the spirit, purpose, and intent of the Ordinance, such that
public safety is secured and substantial justice is achieved.3
2 Recent revisions to State Law include language indicating it shall: ‘not be necessary to demonstrate that, in the
absence of the variance, no reasonable use can be made of the property’. As a result we can no longer have such
language in the UDO to the contrary.
3 Portions of existing subsections (D) and (E) have been combined to reflect wording changes in State law with
respect to the required findings for the granting of a variance. Staff has modified this entire section to ensure
required findings are consistent with new language in State law.
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2.10.4 Additional Criteria for Authorized Variances – Special Flood Hazard Area Overlay Zoning
District
In addition to the criteria contained within Section 2.10.3, any application for a variance from the
Special Flood Hazard Area Overlay Zoning District shall abide by the following additional criteria:
(A) Variances may be issued for the repair or rehabilitation of historic structures upon the
determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(B) In considering variances from the requirements of the Special Flood Hazard Area Overlay
Zoning District, the Board of Adjustment shall consider all technical evaluations, all
relevant factors, all standards specified in other sections of this Ordinance, and:4
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to Orange
County;
(5) The necessity to the facility of a waterfront location, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(8) The relationship of the proposed use to the Orange County Comprehensive Plan
and floodplain management program for the area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the site;
(11) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems, and streets and bridges; and
(12) The request for a variance is not after-the-fact or for a situation of one’s own
making.
(C) A written report addressing each of the above factors shall be submitted with the
application for a variance.
(D) Upon consideration of the factors listed above and the purposes of this Ordinance, the
Board of Adjustment may attach such reasonable conditions to the granting of variances
as it deems necessary to further the purposes of this Ordinance.
(E) Variances shall not be issued within any designated floodway or non-encroachment area
if any increase in flood levels during the base flood discharge would result.
(F) Conditions for Variances:
(1) Variances may not be issued when the variance will make the structure in
violation of other Federal, State, or local laws, regulations, or ordinances.
(2) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4 Standards governing the issuance of a variance within a floodplain are consistent with FEMA requirements.
Applicants are still required to demonstrate compliance with these provisions when requesting a variance.
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(3) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in
exceptional hardship;
(c) A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense, create nuisance, cause fraud on or victimization of the public,
or conflict with existing local laws or ordinances; and,
(d) That the circumstances on the subject property are unique to the subject
property and not to properties in general.
(G) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BFE) and the elevation to which the
structure is to be built and a written statement that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced reference level
elevation. Such notification shall be maintained with a record of all variance actions.
(H) The Floodplain Administrator shall maintain the records of all appeal actions and report
any variances to the FEMA and the State of North Carolina upon request.
2.10.5 Additional Criteria for Authorized Variances –Watershed Protection Overlay District
(A) Minor variances for dimensional requirements of the Watershed Protection Overlay
District may be approved by the Board of Adjustment in accordance with Section 2.12 of
this Ordinance.
(B) The Board of Adjustment may approve variance applications to allow the use of off-site
septic easements for lots created before January 1, 1994, and for non-conforming lots of
record.
(C) A description of each project receiving a variance and the reason for granting the
variance shall be submitted for each calendar year to the Division of Water Quality on or
before January 1st of the following year.
(D) All other local governments having jurisdiction within the watershed area and the entity
using the water supply for consumption shall be notified of the variance application at
least 15 days prior to action on the application. The Planning Department shall notify
other local governments via first class mail.
(E) Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the
following provisions:
(1) Through variance procedures of the Board of Adjustment, as described in this
subsection (2.10.5).
(2) Through approval and recordation of a conservation agreement, as provided in
Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County
and a land owner that prohibits development of land in a protected watershed in
perpetuity.
(a) In such cases, a modification of the required impervious surface ratios
may be approved administratively but only to the extent that additional
land in the same watershed is conserved or protected from development.
In such instances, the land that will be subject to a conservation
agreement must be adjacent to the land proposed for development and
for which a modification of the impervious surface ratios is sought.
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(B) The Board of Adjustment is not authorized to grant a variance that would permit a use in
a district where that use is neither a Permitted Use nor a Special Use.
2.10.8 Review Procedures
(A) Applications for a Variance shall be reviewed and acted upon by the Board of Adjustment
in accordance with the procedures contained in Section 2.12 of this Ordinance.
(B) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application.
(C) The assessment shall be introduced at the hearing and become part of the record.
2.10.9 Findings of Fact
(A) Required findings of fact, as listed in Section 2.10.3, shall be made in the indicated order
by the Board of Adjustment.
(B) The Board of Adjustment is not empowered to grant a variance without an affirmative
finding of fact supported by substantial evidence in the record of proceedings before the
Board.
2.10.10 Conditions of Approval
The Board of Adjustment may impose reasonable conditions upon the approval of any variance to
insure that the public health, safety, and general welfare are protected and substantial justice
done. appropriate conditions provided that such conditions are reasonably related to the
variance.5
2.10.11 Notice Requirements
Notice of matters before the Board of Adjustment shall follow the procedures in Section 2.12.6.
SECTION 2.11: INTERPRETATIONS
2.11.1 Generally
An appeal from an order, requirement, decision or determination of the Planning Director shall be
decided by the Board of Adjustment based upon its findings of fact and to achieve the intent of
this Ordinance. In exercising this power, the Board of Adjustment shall act in a prudent manner
so that the purposes of this Ordinance shall be served. The effect of the decision shall not be to
vary the terms of this Ordinance nor add to the list of Permitted Uses in the districts.
2.11.2 Application Requirements
(A) Applications for an appeal of an interpretation of a decision, file determination, directive,
Notice of Violation, or other similar determination shall be submitted on forms provided by
the Planning Department in accordance with Section 2.2 of this Ordinance. Ten copies of
the application and supporting documentation shall be submitted.
(B) Applications must be received by the Planning Director no later than 30 days after the
decision, file determination, directive, Notice of Violation, or other similar determination
was made.
2.11.3 Stay on Further Proceedings
(A) An appeal to the Board of Adjustment from a decision or determination of the Planning
Director stays all proceedings in furtherance of the decision or determination appealed
from, except as provided herein.
5 Staff is recommending existing language referencing ‘public health, safety, general welfare’ as well as ‘substantial
justice’ be deleted as this wording does not appear in the Statute.
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(B) An appeal to the Board of Adjustment of a determination or decision of the Planning
Director shall not stay further proceedings in furtherance of the decision or determination
appealed from, if the Planning Director determines certifies to the Board of Adjustment in
an affidavidt either:
(1) That, in the opinion of the Planning Director, a stay would cause imminent peril to
life and/or property A stay would cause imminent peril to life or property, or,.
(2) That theThe situation appealed from is transitory in nature and, therefore an
appeal would seriously interfere with enforcement of the Ordinance.
(3)(C) In either instance, the Planning Director shall place in the determination facts to support
the conclusion if (B)(1) and/or (B)(2) are invoked.
(C)(D) If (B1) and/or (B)(2) are invoked, and approved by the Board of Adjustment, enforcement
proceedings shall not be stayed except through the issuance of a restraining order. If
enforcement proceedings are not stayed, the appellant may file a request for an
expedited hearing of the appeal.6
2.11.4 Review Procedures
(A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the
Board of Adjustment in accordance with the procedures contained in Section 2.12 of this
Ordinance.
(B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this
Ordinance.
(C) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application. The assessment shall include all
relevant facts utilized in rendering the disputed decision and the rationale for the
interpretation made by the Planning Director.
(D) The assessment shall be introduced at the hearing and become part of the record.
(E) Upon hearing all evidence associated with the application, the Board of Adjustment shall
close the hearing and render a decision on the matter to affirm, modify, or reverse the
decision of the Planning Director.
2.11.5 Findings of Fact
The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order
to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the
necessary justification for the Board’s action based on the testimony and evidence entered into
the record during the hearing.
2.11.6 Notice Requirements
Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.2.6 are not
applicable to applications for an appeal of an interpretation.
SECTION 2.12: BOARD OF ADJUSTMENT
2.12.1 General Provisions
(A) The Board shall act on all applications before it.
(B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director
at its next regularly scheduled meeting or at a special meeting called for that purpose.
6 Staff is adding new language consistent with changes in State law.
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2.12.2 Quasi-Judicial Proceedings
(A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended
that its proceedings be conducted as formally as those before courts.
(B) The rules of procedure and evidence set forth in this Ordinance shall be followed to
protect the interests of all parties and the public.
(C) The presiding officer shall administer oaths to all witnesses and shall make rulings
necessary to preserve fairness, order, or proper decorum in any matter before the Board
of Adjustment. Any person who, while under oath during a proceeding before the Board,
willfully swears falsely is guilty of a Class I misdemeanor.
(D) Any member of the Board of Adjustment or any interested party may object to, and the
presiding officer may exclude, any evidence, testimony, or statement that is deemed
incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably
address the issues before the Board of Adjustment.
2.12.3 Evidence and Testimony
(A) Interested Party
(1) Any interested party may present evidence or testimony, cross-examine
witnesses, inspect documents, and offer evidence or testimony in explanation or
rebuttal.
(2) Any member of the Board of Adjustment may question any interested party.
(3) Persons other than interested parties may make competent, relevant, and
material comments.
(B) Subpoenas
(1) The Board of Adjustment may subpoena witnesses and compel the production of
evidence.
(2) To request issuance of a subpoena, persons with standing as detailed under
NCGS 160A-939 (d), shall make a written request to the chair explaining why it is
necessary for certain witnesses or evidence to be compelled. The chair shall
issue requested subpoenas in those cases where testimony or evidence is
deemed to be relevant, reasonable in nature and scope, and not oppressive.
(3) The chair shall rule on any motion to quash or modify a subpoena. Decisions
regarding subpoenas made by the chair may be appealed to the full Board.
(2)(4) If a person fails or refuses to obey a subpoena issued pursuant to this
subsection, the Board of Adjustment, or the party seeking the subpoena, may
apply to the General Court of Justice for an order requiring that its order be
obeyed, and the Court will have jurisdiction to issue those orders after notice to
all proper parties.
(3)(5) No testimony of any witness before the Board of Adjustment, pursuant to a
subpoena issued in exercise of the power conferred by this subsection, may be
used against the witness in any civil or criminal action, other than a prosecution
for false swearing committed on the examination.
(4)(6) Anyone who, while under oath during a proceeding before the Board of
Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor.
2.12.4 Quorum and Vote Required
(A) A quorum of the Board is necessary to conduct any business and shall consist of four
members.
(B) The affirmative vote of four of the members of the Board shall be necessary in order to
effect any variation in this Ordinance:.
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(1) Reverse any order, requirement, decision or determination of any administrative
official charged with enforcement of this Ordinance, or
(2) Decide in favor of the applicant any matter upon which it is required to pass by
this Ordinance including, but not limited to, the issuance of Class B Special Use
permits, or
(3) Effect any variation in this Ordinance.
(C) A majority of the members shall be required to decide on the issuance of a Class B
Special Use Permit or an appeal application. 7
2.12.5 Notification of Board Action
(A) Within five working days after Board action, the Planning Director shall have available in
the Planning Department’s office a notice of decision of the Board’s action.
(B) The Planning Director shall notify the parties to an application or appeal of the Board’s
disposition. This includes, but is not limited to: the applicant, the property owner if
different from the applicant, or any individual who has submitted a written request for a
copy prior to the date the decision becomes effective. 8This notice shall be made by
registered or certified mail within five working days of the Board's actions. 9
(C) The Planning Director shall keep a copy of the Board's action on file.
2.12.6 Notice Requirements for Matters Before the Board
(A) The Board shall give notice of matters coming before it by causing notice to be placed in
a newspaper of general circulation in Orange County. The notice shall appear once a
week for two consecutive weeks, the first insertion to be not less than ten days nor more
than 25 days prior to the meeting date. In computing the notice period, the day of
publication is not to be included, but the day of the hearing is to be included.
(B) In the case of application for a Class B Special Use permit or variance the Planning
Director shall give written notice by certified mail to adjacent property owners. This
notice shall be given not less than 15 days prior to the meeting date. Adjacent property
owners are those whose property lies within 500 feet of the affected property and whom
are currently listed as property owners in the Orange County tax records.
(C) The Planning Director shall post on the affected property a notice of the Board meeting at
least ten days prior to the meeting date.
(D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the
Planning Director shall give written notice by certified mail to the property owner, and/or
person(s) engaged in the alleged violation. Notification of adjacent property owners,
posting of property, and publication of a hearing notice is not required.
SECTION 2.13: EXEMPT SUBDIVISIONS
2.13.1 Generally
(A) Persons proposing divisions of land that do not constitute a subdivision must request a
determination of an exempt subdivision status with the Planning Director. Activities that
do not constitute a subdivision are found in Section 7.2.1.
7 Simple majority vote is now all that is necessary to approve a SUP or act on an appeal.
8 State law now allows for individuals to petition the Board of Adjustment requesting notification of any decision.
We are incorporating this allowance with the proposed modification.
9 Staff sends out notice of decisions via certified mail. State law was modified to allow for first-class mail to be
utilized. We are not recommending changing our current procedure as we believe sending decisions via certified
mail ensures we have a record of our actions.
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(B) Public Hearing Required
(1) The EIS, along with all comments received during the review period, shall be
presented for public hearing concurrently with the development project.
(2) If a public hearing before the Board of County Commissioners is not required for
approval of the development project, then a special hearing shall be scheduled.
The hearing shall take place no later than 30 days after the close of the public
review period or receipt of comments from the State Clearinghouse, whichever is
later.
(C) Notice of Public Hearing
(1) Notice of the public hearing to review the EIS and receive public comment shall
be published at least twice in a newspaper of general circulation in the county,
stating the time and place of the hearing.
(2) Said notice shall appear in said newspaper for two successive weeks with the
first notice appearing not less than ten nor more than 25 days before the date set
for the public hearing. In computing the notice period, the day of publication is
not to be included, but the day of the hearing is to be included.
(D) Board of County Commissioners Action
(1) The Board of County Commissioners shall receive the EIS and all comments as
information only. The information presented may be used only to determine
compliance with specific development standards established in this Ordinance.
(2) No action shall be taken on the development project until after the EIS has been
presented to the Board of County Commissioners.
(E) Effect on Other Permits and Actions
Construction or installation of any major development project shall not commence until
subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final
EIS by the Board of County Commissioners.
SECTION 2.25: APPEALS
Section 2.25:SECTION 2.26: APPEALS10
2.25.12.26.1 Generally
Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the decision
being appealed on forms provided by the Planning Department, if applicable.
2.25.22.26.2 Planning Director Decisions
(A) Site Plans or Other Decision Pertaining to this Ordinance
Any decision of the Planning Director regarding a site plan application or other decision
pertaining to this Ordinance not listed in (B) through (D) below may be appealed to the
Board of Adjustment according to the provisions set forth in Section 2.12 of this
Ordinance.
(1) An appeal to the Board of Adjustment from a decision or determination of the
Planning Director stays all proceedings in furtherance of the decision or
determination appealed from, except:
(a) Situations that, in the opinion of the Planning Director, a stay would
cause imminent peril to life and/or property.
10 The appeals section is proposed to be re-numbered as part of a current amendment proposal associated with
Neighborhood Information meetings for governmental uses. This amendment was heard at the September 9, 2013
Quarterly Public Hearing and will be decided upon by the BOCC on November 5, 2013.
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Orange County, North Carolina – Unified Development Ordinance Page 2-69
(b) That the situation appealed from is transitory in nature and, therefore, an
appeal would seriously interfere with enforcement of the Ordinance.
In either instance in (a) and (b) above, the Planning Director shall place in
certificate the facts to support the conclusion.
(B) Exempt Subdivisions
(1) The decision of the Planning Director regarding an exempt subdivision
application may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board’s decision.
(C) Minor Subdivisions
(1) The decision of the Planning Director regarding a minor subdivision application
may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board’s decision.
(D) Major Subdivisions – Final Plat
(1) The decision of the Planning Director regarding a Major Subdivision Final Plat
application may be appealed to the Board of Commissioners.
(2) The Board of Commissioners shall have final approval authority, and where
applicable, all Final Plats shall contain information and/or conditions approved by
the Board of Commissioners.
(3) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision.
(4) The applicant shall be notified, in writing, of the Board of Commissioners'
decision.
2.25.32.26.3 Planning Board Decisions
(A) Major Subdivisions – Concept Plan
(1) The decision of the Planning Board regarding Concept Plan Development
Options may be appealed to the Board of Commissioners.
(2) Any notice of appeal shall be filed, in writing, with the Planning Director within 15
days after the date of the Planning Board’s decision.
(3) If the appeal involves a plan/map approval, 16 copies of the plan/map shall be
submitted along with the written appeal.
(4) The Board of Commissioners shall have final approval authority, and, where
applicable, all Concept Plan Development Options shall contain information
and/or conditions approved by the Board of Commissioners.
(5) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision. The applicant shall be notified, in writing, of the Board of
Commissioners' decision within ten days after said decision is made.
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2.25.42.26.4 Board of Adjustment Decisions
(A) Every decision of the Board shall be subject to review at the request of any aggrieved
partyany person who has standing as detailed within NCGS 160A-393 (d) by the Superior
Court by proceedings in the nature of certiorari. The appeal to Superior Court must be
filed within 30 days of the availability of the notice of decision (2.12.5(A)).
2.25.52.26.5 Board of County Commissioners Decisions
(A) Quasi-Judicial Decisions
(1) Quasi-judicial decisions made by the Board of County Commissioners pursuant
to the Ordinance shall be subject to review at the request of any any person who
has standing as detailed within NCGS 160A-393 (d) aggrieved party by the
Superior Court by proceedings in the nature of certiorari.
(2) The appeal to the Superior Court must be filed within 30 days of the filing of the
decision of the Board of County Commissioners by the Planning Director or the
delivery of the notice of the decision to the applicant, whichever is later.
(B) Legislative Decisions
(1) Legislative decisions made by the Board of County Commissioners pursuant to
the Ordinance shall be subject to review at the request of any aggrieved party by
the Superior Court.
(2) The appeal to the Superior Court must be filed from the date of adoption of said
Ordinance within the prescribed period below:
(a) 60 days in cases involving the appeal of an Ordinance amending the
Zoning Atlas,
(b) 1 year (365 days) in cases involving the appeal of an Ordinance
amendment the UDO,
(c) 3 years (1,035 days) in cases involving an appeal based on an alleged
defect in the adoption process of an Ordinance amending the UDO.
2.25.62.26.6 Water Supply Watershed Critical Area Boundary Line
Appeal applications disputing the Planning Director’s decision regarding the location of a Water
Supply Watershed Critical Area boundary line shall be accompanied by:
(A) A survey prepared by a North Carolina registered land surveyor or professional engineer
depicting the differences between:
(1) The locational criteria in Section 4.2,
(2) The official Watershed map on file in the Planning Department, and
(3) The boundary line the applicant asserts is correct.
(B) A detailed explanation describing the differences in the three boundary lines contained in
(A) above.
2.25.72.26.7 Special Flood Hazard Overlay District
(A) Any property owner who has received an order to take corrective action in accordance
with Section 9.7 may appeal the order to the local elected governing body by giving
notice of appeal in writing to the Floodplain Administrator and the clerk within ten
business days following issuance of the final order.
(B) The local governing body shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
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70
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 2, 2013
Action Agenda
Item No. 4
SUBJECT: Review of Proposed UDO Text Amendment – Home Occupations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form and Section 419
of the North Carolina Building Code
2. Proposed Text Amendments
3. Proposed Amendment
Summary Spreadsheet
Ashley Moncado, Planner II (919) 245-2589
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon a Planning Board and Planning Director initiated
Unified Development Ordinance (UDO) text amendment regarding existing home occupation
standards contained within the UDO.
BACKGROUND: At the January 9, 2013 Planning Board meeting, Board members discussed
areas of interest in the coming year. These items were elements highlighted in the UDO
Implementation Bridge report prepared when the UDO was adopted in 2011. One item of interest
included the need to review existing home occupation standards to determine if there was a need
for a text amendment to encourage and support their use within the county.
At the July Planning Board meeting, planning staff followed up with the Board’s request with a
presentation of existing standards and a review of home occupation standards from other local
jurisdictions. At this time, Board members supported a text amendment revising existing standards
for the November 25 Quarterly Public Hearing. Based on recommendations and direction from the
Planning Board in July, staff continued the process by drafting text amendment language . During
the September 4, 2013 Planning Board meeting, draft language was presented to the Board for
review and comment. Additionally during this time, staff worked with the Planning Board Chair and
Vice Chair to complete the Amendment Outline Form (Attachment 1) which was approved by the
BOCC on September 5, 2013. Agenda materials for past Planning Board meeting are available at
http://www.co.orange.nc.us/planning/planningboard.asp .
Staff has revised the proposed amendments to existing home occupations standards based on
comments received at the September Planning Board meeting. Proposed text amendment
language for review can be found in Attachment 2. Additionally, Attachment 3 contains a
spreadsheet summarizing proposed revisions to Sections 2.22 and 5.5.3.
Following the October 2 ORC meeting, staff will proceed with submitting the proposed revisions to
the JPA partners (Towns of Chapel Hill and Carrboro) for review and prepare the text amendment
package for the Quarterly Public Hearing on November 25, 2013. The opportunity for comment by
the JPA partners is required for all text amendments that could affect the Rural Buffer.
71
FINANCIAL 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
FY2013-14 Departmental funds budgeted for this purpose. Existing planning staff included in the
Departmental staffing budget will accomplish the work required to process this amendment.
RECOMMENDATION: Planning staff recommends the Ordinance Review Committee review and
comment upon the proposed amendments to the UDO.
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1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-03
Home Occupation Standards
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): 1. Section 2.2 Home Occupations
2. Section 5.5.3 Home Occupations
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 Board and Planning
Director are proposing to initiate a text amendment to modify existing language
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2
relating to the regulation of home occupations within the county.
At the January 9, 2013 Planning Board meeting, Board members discussed areas of
interest for planning staff to address for the next year. One item, which was
highlighted in the UDO Implementation Bridge report prepared when the UDO was
adopted in 2011, included the need to review existing home occupation standards for
a potential revision. At that time, Board members expressed concern with the
existing standards limiting home occupations by being too restrictive with the
required square footage allowances and number of permitted nonresidential
employees. As a result, the Board requested staff to proceed with reviewing existing
standards. To address the Planning Board’s request, staff presented information at
the July 10, 2013 Planning Board meeting, including a summary of current standards
contained in the UDO, a comparison with other local jurisdictions’ standards, and
items of consideration to facilitate and promote the use of home occupations.
Following review and discussion, the Board asked staff to proceed with an
amendment to the UDO addressing their comments and areas of interest relating to
the UDO Implementation Bridge report.
The proposed amendment will include language revising existing use standards and
a reference to Section 419, Live/Work Units, of the 2012 North Carolina Building
Code regarding the review and permitting of home occupations that are classified as
live/work units. Although planning staff considers this Section of the building code,
adopted in 2012, to be restrictive, local governments cannot amend laws, codes
and/or rules adopted by the State. Staff anticipated that this Section of the building
code will result in prospective home occupation applicants deciding to locate their
home occupation in an accessory structure if the home occupation comprises of
more than ten percent of their home’s square footage. A copy of Section 419 is
included at the end of this form.
The purpose of the proposed amendment is to develop standards that accommodate
and encourage the use of larger scale home occupations while meeting standards of
the North Carolina Building Code in order to incorporate recommendations of the
Implementation Bridge into the Unified Development Ordinance. Additionally, uses
such as artist studios often are considered home occupations and the updated
standards will apply to artist studios. This is a topic that was raised at the February
2013 BOCC retreat and the May 14, 2013 BOCC work session when Agricultural
Support Enterprises were discussed.
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’.
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3
The proposed text amendment is designed to address suggested modifications from
the Planning Board’s area of interest and elements of the UDO Implementation
Bridge. Additional analysis will be provided as part of the quarterly public hearing
materials.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Economic Development Overarching Goal: Viable and sustainable economic
development that contributes to both property and sales tax revenues, and enhances
high quality employment opportunities for County residents.
Economic Development Objective 1.5: Identify barriers to development of
desirable businesses and local businesses, and mitigate these barriers.
4. New Statutes and Rules
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
November 25, 2013
c. BOCC Updates/Checkpoints
November 5, 2013 – approve legal ad for public hearing
January 2014 – receive Planning Board recommendation
d. 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 10, 2013 – discussion of topic
September 4, 2013 – further discussion
October 2, 2013 – Ordinance Review Committee
December 4, 2013 – recommendation to BOCC
b. Advisory Boards:
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4
c. Local Government Review:
Draft text will be sent to JPA partners
prior to public hearing
d. Notice Requirements
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 FY2013-14 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
Proposed amendments to existing home occupation standards include two types of
home occupations. The first type, minor home occupations, follows the existing review
process in place for home occupations with revisions allowing for an increase in square
footage and number of employees in all residential districts. The second type, major
home occupations, is proposed in order to accommodate larger scale accessory
business uses in the AR, Agricultural Residential, and R-1, Rural Residential, zoning
districts. A Class B Special Use Permit will be required for major home occupations.
The number of employees and permitted amount of square footage utilized in a major
home occupation shall be determined with the approved special use permit.
Additional minor revisions to existing standards will address traffic generation, accessory
structures, outdoor storage space, and landscaping for all home occupations. Proposed
amendments will introduce standards addressing the total number of students,
customers, and/or clients permitted per day and number of events and attendees
permitted per year. Finally, definitions referencing minor home occupations and major
home occupations are proposed within Article 10. The Planning Board and staff
endeavor to be mindful of any adverse impacts that may occur in the various types of
residential districts found in the county while creating the amendment package.
General Public:
Small Area Plan Workgroup:
Other:
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5
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 for draft language
Primary Staff Contact:
Ashley Moncado
Planning Department
919-245-2589
amoncado@orangecountync.gov
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Section 2.22: Home Occupations
Orange County, North Carolina – Unified Development Ordinance Page 2-63
(3) Structural stormwater measures that are designed, constructed and maintained
in accordance with the NC DWQ Stormwater BMP Design Manual, approved
accounting tool, and requirements listed in Section 6.14 will be presumed to meet
the required performance standards of Section 6.14. Submittals containing
measures not designed to these specifications, may be approved on a case by
case basis provided the applicant provides adequate data and information
showing how the deviations meet the requirements of Section 6.14.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any Stormwater Management Plan
which is in conformance with the performance standards specified in the NC DWQ
Stormwater BMP Design Manual, and other requirements of this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any permits for development on
any land that is defined as new development under Section 6.14 of this Ordinance
unless and until a Stormwater Management Plan in compliance with the requirements of
this Ordinance has been approved.
(E) Design of Permanent Nutrient Export Reduction Structural Stormwater Measures
When a permanent nutrient export reduction structural stormwater measure is required
for new development to meet the requirements of this Ordinance, a North Carolina
registered professional engineer shall prepare the plan with the Engineer’s Certification of
Stormwater Management affixed, signed, sealed and dated.
SECTION 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application for a minor home occupation shall include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.3.
(D) An application for a major home occupation shall require a Class B Special Use Permit
and adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.3.
2.22.2 Conditions of Approval
(A) If conditions are attached to the approval of a permit, they may address deficiencies in
meeting specific Ordinance requirements or they may address specific impacts which
result from the operation of the home occupation.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Number of vehicles to be parked on the premises;
(3) The location of an accessory building, storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the home occupation from adjoining properties.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-33
5.5.2 Efficiency Apartment
(A) General Standards of Evaluation
(1) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(2) The efficiency unit shall contains no more than 800 square feet of gross floor
area.
(3) The residential lot shall meet the minimum lot size requirements of the zoning
district in which it is located.
(4) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(5) The efficiency unit shall be accessory to the principal dwelling unit and may be
attached or detached.
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirements
In addition to the completed application form, applicants for a minor or major
home occupation shall submit the following to the Planning Department:
(a) Minor Home Occupations
(i) A plot plan of the property on which the home occupation is to be
located. The plot plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
c. The location and type of required landscaping and/or
screening.
(ii) A floor plan of the residence and/or accessory building in which
the home occupation is to be located showing the location, size,
and use of each room or area within the residence and/or
accessory building.
(b) Major Home Occupations
(i) A site plan of the property on which the home occupation is to be
located. The site plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
b. The location, number, and means of access to required
off street parking areas; and
c. The location and type of required landscaping and/or
screening.
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Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-34
(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 2.21 2.22 of this Ordinance.
(ii) Home based business operations that do not include nonresident
employees located onsite, signage, onsite retail sales, or onsite
students, customers, and/or clients do not require a home
occupation permit.
(iii) Uses Not Permitted
a. The following activities are explicitly prohibited as home
occupations:
i. Automotive repair,
ii. Automotive service,
iii. Automotive detailing,
iv. Body shop,
v. Hauling, and
vi. Building, electrical, plumbing, mechanical,
grading or other construction contracting.
b. The above list is not intended to include all uses which
may be unsuitable as a home occupation. Home
Occupation applications for other uses may be denied if
the Standards of Evaluation listed herein are not fully
met.
(iv) No equipment or process shall be employed that will cause
noise, vibration, glare, odor or electrical interference detectable
to the normal senses at the lot lines in the case of detached
dwelling units or outside the dwelling unit, in the case of attached
dwelling units.
(v) The on-premises sale and/or delivery of goods which are not
produced on the premises is prohibited, except in the case of the
delivery and sale of goods incidental to the provision of a
service.
(b) Minor Home Occupations
(i) General Operations
The following requirements apply to minor home occupations in
all residential districts:
a. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. No more than two individuals not
living in the residence may work in the home occupation.
Minor home occupations shall not exceed four
nonresident employees onsite at any one time.
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Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-35
b. In all residential districts except RB, AR and R-1, no
more than 35% of the floor area of the dwelling unit or
500 750 square feet, whichever is less, may be used for
the home occupation.
c. Up to two events per year, not to exceed three
consecutive days each, with a maximum of thirty
attendees per day shall be permitted.
d. Up to six students, customers, and/or clients shall be
permitted onsite at any one time, not to exceed a total of
twelve students, customers, and/or clients per day with
the exception of Section 5.5.3(A)(2)(b)(i)c.
(ii) Limitations on Traffic Generation
a. Traffic generated by visitors, customers, or deliveries
shall not exceed more than two business trips per hour ,
more than eight trips per day or more than two deliveries
of products or materials per week. All deliveries must be
made by vehicles of a size normally used for household
deliveries.1
b. Parking generated by the home occupation, including
parking for events, shall be met off the street and other
than not in a required yard area.
c. There shall be no use of a vehicle with a load capacity in
excess of one ton in connection with the home
occupation. including vehicles used for delivery or pick-
up. Vehicles with the permitted load capacity generally
include large pick-up trucks, and delivery trucks and
vans such as those used by UPS, but would not include
vehicles such as tractor trailers or dump trucks.2
(iii) Use of Accessory Structures
a. An accessory building containing up to 1000 1,500
square feet may be utilized in the RB, AR and R-1
residential zoning districts, provided that building has the
appearance of a residential accessory structure.3
b. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous plant materials vegetation planted along the
outside of the fence may be used for screening
purposes.
1 Existing standards regulating the number of trips and deliveries per hour, day, and week were found to
be inconsistent with proposed language limiting the number of students, customers, clients, and event
attendees onsite per day. As a result, these standards are being proposed to be removed to allow traffic
generation standards concerning daily trips and parking to be regulated by the number of permitted
students, customers, clients, and event attendees onsite at any one time or per day. Additionally,
proposed standards shall allow for an increase in deliveries while limiting the type of vehicle to a size
normally used for household deliveries. 2 Staff recommends the existing language to be revised in order to a avoid a potential inconsistency with
standards contained within item a. 3 Revised standards are proposed to allow the use of accessory structures up to 1,500 feet in all
residential districts contained within Section 3.3, Residential Districts, instead of limiting this use to only
the RB, AR, and R-1 districts.
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Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-36
c. New structures built for the purpose of conducting a
home occupation shall not exceed 1000 1,500 square
feet in area.
d. An existing accessory structure which is larger than
1000 1,500 square feet may be used for the home
occupation provided that no more than 1000 1,500
square feet is used for the home occupation and the
area is physically separated by walls or other barriers.
In order to qualify as an existing accessory structure for
the purpose of conducting a home occupation, the
structure must have been constructed to meet building
code requirements applicable to a residential accessory
structure, and must have been in existence for at least
36 months.
(iv) Use of Outdoor Storage
a. Up to 500 square feet of outdoor storage area may be
used shall only be permitted in the RB, AR and R-1
zoning districts provided that it:
i. Is clearly defined on the site plan and on the
ground.
ii. Is located at least 40 feet from any lot line or
road right-of-way; and
iii. Is totally screened from the view from the road
and from adjacent property in the same manner
as is required for accessory buildings.
(c) Major Home Occupations
(i) General Operations
The following requirements apply to major home occupations:
a. Major home occupations shall only be permitted in the
AR and R-1 zoning districts.
b. All major home occupations shall be located on parcels
at least five acres in size.
c. All accessory structures, outdoor storage space, and
parking areas used in conjunction with the home
occupation shall be setback at least 100 feet from all
property lines and public or private roadways.
d. The owner or operator of the home occupation must live
in a residence located on the same zoning lot as the
home occupation. Based on the approved Special Use
Permit, no more than ten permanent and/or temporary
nonresident employees shall be permitted onsite at any
one time.
e. Up to four events per year, not to exceed three
consecutive days each, with a maximum of seventy five
attendees per day shall be permitted.
f. Up to fifteen students, customers, and/or clients shall be
permitted onsite at any one time, not to exceed a total of
thirty students, customers, and/or clients per day with
the exception of Section 5.5.3(A)(2)(c)(i)e.
(ii) Limitations on Traffic Generation
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-37
a. All major home occupations shall conform to the
standards of Section 5.5.3(A)(2)(b)(ii).
b. Major home occupations located on public roadways
may be required to submit a driveway permit prior to
approval.
c. Major home occupations located on shared private
roadways shall be required to submit a private road
maintenance agreement prior to approval.
(iii) Use of Accessory Structures
a. An accessory building containing up to 2,500 square feet
may be utilized, with the approval of a major home
occupation, on tracts totaling five to ten acres in size.
Accessory buildings up to 3,000 square feet may be
utilized, with the approval of a major home occupation,
on tracts greater than ten acres in size.
b. The accessory structure must be screened from view of
the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an
evergreen hedge, a six foot stockade fence and
deciduous vegetation planted on the outside of the fence
may be used for screening purposes.
c. New accessory structures built for the purpose of
conducting a home occupation shall not exceed square
footage allowances referenced in Section
5.5.3.A(2)(e)(iii)a.
d. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
used in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Located at least 100 feet from any lot line or
road right-of-way; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.4 Mobile Home Parks
(A) Standards for MHP-CZ
(1) Permitted Uses and Structures
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-14
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:
a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local
Government (CLG) Program,” which has been approved by the Department of the Interior; or
d) Certified as contributing to the historical significance of a historic district designated by a
community with a “Certified Local Government (CLG) Program”. (CLG Programs are approved
by the US Department of the Interior in cooperation with the North Carolina Department of
Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966, as amended).
Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Home Occupation, Major
An accessory business use which is owned and operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental
and subordinate to the principal residential use of the property. Major home occupations , which do not
meet standards of a minor home occupation, shall accommodate for larger scale accessory business
uses by allowing for an increase in square footage, number of onsite employees, students, customers,
clients, and annual events with an approved Class B Special Use Permit.
Home Occupation, Minor
An accessory business use which is owned or operated by the resident of a residentially-zoned property
which business and is clearly incidental and subordinate to the principal residential use of the property.
Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week,
as distinguished from multi-family dwellings, rooming houses and residential hotels in which rentals and
leases are for weekly or longer periods and occupants are generally residents rather than transients.
Hotel, Residential
A building or group of attached or detached buildings containing, in combination, ten or more lodging
units available for occupancy only for periods of thirty days or longer, provided, however, that temporary
lodging units for guests of regular tenants may be provided in any residential hotel, with number of such
units limited to 10% of the number of tenant lodging units.
Immediate Neighborhood
A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its
location within the service area of a park site or sites as shown on the adopted “Recreation Service Area
Boundaries Map” on file in the Planning Department.
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Proposed Amendments Planning Board ORC - October 2, 2013
Attachment 3
Existing Language to remain within the referenced section of the UDO Existing Language to be revised within the referenced section of the UDO
Proposed Language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
Application
Requirements
Section 2.22.1
An application shall include a
plot plan that adheres to the
requirements of Sections 2.4.3
and 5.5.3.
An application for a minor home occupation shall
include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.3.
An application for a major home occupation shall
require a Class B Special Use Permit and adhere to the
requirements of Sections 2.5.3, 2.7, and 5.5.3.
Standards of
Evaluation
Section 5.5.3(A)(2)
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.
The following activities are explicitly prohibited as home occupations automotive repair, automotive service,
automotive detailing, body shop, hauling, and building, electrical, plumbing, mechanical, grading or other
construction contracting.
No equipment or process shall be employed that will cause noise, vibration, glare, odor or electrical
interference detectable to the normal senses at the lot lines in the case of detached dwelling units or
outside the dwelling unit, in the case of attached dwelling units.
The on-premises sale and/or delivery of goods which are not produced on the premises are prohibited,
except in the case of the delivery and sale of goods incidental to the provision of a service.
Home based business operations that do not include nonresident employees located onsite, signage, onsite
retail sales, or onsite students, customers, and/or clients do not require a home occupation permit.
General
Operations
5.5.3(A)(2)(b)(i)
and
5.5.3(A)(2)(c)(i)
The owner or operator of the
home occupation must live in a
residence located on the same
zoning lot as the home
occupation. No more than two
individuals not living in the
residence may work in the home
occupation.
The owner or operator of the home occupation
must live in a residence located on the same zoning
lot as the home occupation. Minor home
occupations shall not exceed four nonresident
employees onsite at any one time.
The owner or operator of the home occupation must
live in a residence located on the same zoning lot as
the home occupation. Based on the approved Special
Use Permit, no more than ten permanent and/or
temporary nonresident employees shall be permitted
onsite at any one time.
85
Proposed Amendments Planning Board ORC - October 2, 2013
Attachment 3
Existing Language to remain within the referenced section of the UDO Existing Language to be revised within the referenced section of the UDO
Proposed Language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
General
Operations
5.5.3(A)(2)(b)(i)
and
5.5.3(A)(2)(c)(i)
In all residential districts except
RB, AR and R-1, no more than 35%
of the floor area of the dwelling
unit or 500 square feet, whichever
is less, may be used for the home
occupation.
In all residential districts except RB, AR and R-1,
no more than 35% of the floor area of the
dwelling unit or 750 square feet, whichever is
less, may be used for the home occupation.
The total amount of allowable square footage of
dwelling units in conjunction with major home
occupations exceeding permitted square footage
allowances referenced in Section 5.5.3.A.2.(e).(i).c,
Minor Home Occupations, shall be determined with
an approved Special Use Permit.
Up to two events per year, not to exceed three
consecutive days each, with a maximum of thirty
attendees per day shall be permitted.
Major home occupations shall only be permitted in
the AR and R-1 zoning districts.
All major home occupations shall be located on
parcels at least five acres in size.
All accessory structures, outdoor storage space, and
parking areas used in conjunction with the home
occupation shall be setback at least 100 feet from all
property lines and public or private roadways.
Up to six students, customers, and/or clients shall
be permitted onsite at any one time, not to
exceed a total of twelve students, customers,
and/or clients per day with the exception of
Section 5.5.3(A)(2)(b)(i)c.
Up to four events per year, not to exceed three
consecutive days each, with a maximum of seventy
five attendees per day shall be permitted.
Up to fifteen students, customers, and/or clients shall
be permitted onsite at any one time, not to exceed a
total of thirty students, customers, and/or clients per
day with the exception of Section 5.5.3(A)(2)(c)(i)e.
Limitations on
Traffic Generation
5.5.3(A)(2)(b)(ii)
and
5.5.3(A)(2)(c)(ii)
Traffic generated by visitors,
customers, or deliveries shall not
exceed more than two business
trips per hour, more than eight
trips per day, or more than two
deliveries of products or materials
per week.
All deliveries must be made by vehicles of a size normally used for household deliveries.
Parking generated by the home
occupation shall be met off the
street and other than in a
required yard area.
Parking generated by the home occupation, including parking for events, shall be met off the street and
not in a required yard area.
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Proposed Amendments Planning Board ORC - October 2, 2013
Attachment 3
Existing Language to remain within the referenced section of the UDO Existing Language to be revised within the referenced section of the UDO
Proposed Language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
Limitations on
Traffic Generation
5.5.3(A)(2)(b)(ii)
and
5.5.3(A)(2)(c)(ii)
There shall be no use of a
vehicle with a load capacity in
excess of one ton in connection
with the home occupation
including vehicles used for
delivery or pick-up. Vehicles
with the permitted load capacity
generally include large pick-up
trucks, and delivery trucks and
vans such as those used by UPS,
but would not include vehicles
such as tractor trailers or dump
trucks.
There shall be no use of a vehicle with a load capacity in excess of one ton in connection with the home
occupation.
Major home occupations located on public roadways
may be required to submit a driveway permit prior to
approval.
Major home occupations located on shared private
roadways shall be required to submit a private road
maintenance agreement prior to approval.
Use of Accessory
Structures
Sections
5.5.3(A)(2)(b)(iii)
and
5.5.3(A)(2)(c)(iii)
An accessory building containing
up to 1000 square feet may be
utilized in the RB, AR and R-1
zoning districts, provided that
building has the appearance of a
residential accessory structure.
An accessory building containing up to 1,500
square feet may be utilized in the RB, AR and R-1
zoning districts, provided that building has the
appearance of a residential accessory structure.
An accessory building containing up to 2,500 square
feet may be utilized with the approval of a major home
occupation on tracts totaling five to ten acres in size.
Accessory structures containing up to 3,000 square feet
may be utilized with the approval of a major home
occupation on tracts totaling eleven acres or more in
size.
The accessory structure must be screened from view of the road and adjacent property by a densely planted
evergreen hedge of shrubs or trees. In lieu of an evergreen hedge, a six foot stockade fence and deciduous
vegetation planted along the outside of the fence may be used for screening purposes.
Use of Outdoor
Storage Space
Sections
Sections
5.5.3(A)(2)(b)(iv)
and
5.5.3(A)(2)(c)(iv)
Up to 500 square feet of
outdoor storage area may be
used in the RB, AR and R-1
zoning districts
Up to 500 square feet of outdoor storage area
shall only be permitted in the RB, AR and R-1
zoning districts.
Up to 500 square feet of outdoor storage area may be
used in conjunction with a major home occupation in
the AR and R-1 zoning districts.
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Proposed Amendments Planning Board ORC - October 2, 2013
Attachment 3
Existing Language to remain within the referenced section of the UDO Existing Language to be revised within the referenced section of the UDO
Proposed Language to be added within the referenced section of the UDO
Revised Standards
Existing Language Proposed Language
Minor Home Occupations Major Home Occupations
Definitions
Section 10.1
An accessory business use,
which is owned or operated by
the resident of residentially-
zoned property, which business
is clearly incidental and
subordinate to the principal
residential use of the property.
An accessory business use which is owned or
operated by the resident of a residentially-zoned
property and is clearly incidental and subordinate
to the principal residential use of the property.
An accessory business use which is owned and
operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR
and R-1 zoning districts, and is clearly incidental and
subordinate to the principal residential use of the
property. Major home occupations, which do not
meet standards of a minor home occupation, shall
accommodate for larger scale accessory business uses
by allowing for an increase in square footage, number
of onsite employees, students, customers, clients, and
annual events with an approved Class B Special Use
Permit.
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1
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 2, 2013
Action Agenda
Item No. 5
SUBJECT: Agricultural Support Enterprises
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Comprehensive Plan/UDO Amendment
Outline Form (UDO/Zoning 2013-06)
2. Chart of Basic Zoning Program
3. Draft UDO and Comprehensive Plan Text
Amendments
INFORMATION CONTACT: (919)
Perdita Holtz, Planning, 245-2578
Michael Harvey, Planning, 245-2597
Craig Benedict, Planning, 245-2592
PURPOSE: To review and comment upon Planning Director initiated Unified Development
Ordinance (UDO) and 2030 Comprehensive Plan text amendments to implement a program
commonly referred to as “Agricultural Support Enterprises”.
BACKGROUND: The Agricultural Support Enterprises (ASE) project has been in development
since 2001 and has been known by other names (“Rural Enterprises” and “Agricultural
Services”) in the past. The lead departments on this project historically have been Economic
Development and the former ERCD (Environment & Resource Conservation Department),
which is now DEAPR (Department of Environment, Agriculture, Parks and Recreation), in
conjunction with the County Attorney. However, due to staff changes and the fact the program
involves amendments to the Unified Development Ordinance and Comprehensive Plan, the
Planning and Inspections Department has become more involved in the project and has
completed the necessary draft amendments to the UDO and Comprehensive Plan.
The project has been on several Board of County Commissioners (BOCC) agendas through the
years and the following meeting materials can be reviewed for additional context:
February 23, 2004 http://orangecountync.gov/OCCLERKS/0402231.pdf
March 29, 2004 http://orangecountync.gov/OCCLERKS/040329.htm (JPA Information Item)
February 28, 2005 http://orangecountync.gov/OCCLERKS/050228c1.pdf
May 23, 2005 http://orangecountync.gov/OCCLERKS/050523d1.pdf
May 22, 2006 http://orangecountync.gov/OCCLERKS/060522d2.pdf
May 21, 2007 http://orangecountync.gov/OCCLERKS/070521d1.pdf
June 12, 2007 http://orangecountync.gov/OCCLERKS/0706124ii.pdf
August 27, 2007 http://orangecountync.gov/OCCLERKS/070827d1.pdf
May 14, 2013 http://orangecountync.gov/occlerks/130514.pdf (see this abstract for
additional recent background information)
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2
September 9, 2013 http://orangecountync.gov/occlerks/130909.pdf (recent work session to
discuss approval process if a BOCC public hearing is required; staff will be
working on amendments to the approval process for all projects, not just
ASE projects. This will be a separate text amendment, possibly for the
February 2014 quarterly public hearing)
Meeting minutes for these meetings can be found by referencing the appropriate folder at:
http://server3.co.orange.nc.us:8088/weblink8/Browse.aspx?startid=3&dbid=0
A chart depicting the basic zoning program for ASE uses is contained in Attachment 2. This
chart shows which uses are allowed in which zoning districts and directs users to the section of
the UDO that contains any specific use standards. From a zoning/land use perspective, the
ASE program involves:
• creating a new conditional zoning district,
• adding additional permitted uses to some of the existing general use zoning districts,
• creating standards that ASE uses must meet,
• updating some of the development standards in Article 6,
• defining what the use is (Article 10 – Definitions), and
• amending the Land Use and Zoning Matrix of the 2030 Comprehensive Plan to show
which Land Use classifications the new conditional zoning district (ASE-CZ) would
potentially be allowed in.
The “Amendment Outline Form” (Attachment 1) for these amendments was approved by the
BOCC at its September 5, 2013 regular meeting. This item is expected to be on the February
2014 quarterly public hearing agenda. Other steps included in the amendment outline form are
as follows:
• October 2, 2013 – Planning Board ORC (Ordinance Review Committee) meeting
• October 16, 2013 – Agricultural Preservation Board meeting for review/comment;
additional meetings as necessary
• November 21, 2013 – Assembly of Governments meeting to discuss these amendments
and their applicability in the Rural Buffer
• February 2014 – Public Information Meeting (generally held the week before the
quarterly public hearing so advertising can be included in the QPH legal ad)
• February 2014 – Quarterly Public Hearing on UDO/Comprehensive Plan amendments
Specific Input Needed
One of the areas of concern over the years has been the inclusion of more intensive
agriculturally-related uses that potentially would be developed in the rural areas of Orange
County. Examples of these more intensive uses are Sawmills, Composting Operations with
Grinding, and Regional Meat Processing Facilities. It should be noted that these types of uses
are currently permitted in the AS (Agricultural Service) general use zoning district and there is
an existing sawmill zoned AS off of West 10 Road near Efland.
At the BOCC work session on May 14, 2013, the BOCC asked staff to get input from the
advisory boards, especially the Agricultural Preservation Board, on whether removing the more
intensive uses from the new conditional zoning district (ASE-CZ) would be acceptable.
Planning staff is requesting Planning Board input on this aspect of the program.
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3
Additional Information for Planning Board
Planning staff would like to make the Planning Board aware that many of the discussions over
the years have related not only to zoning/land use issues but also to Environmental Health
(well, septic, and food safety [commercial kitchen]) and Building Code (buildings that allow
public access must be built to more rigorous standards to enhance public safety) matters.
Some people feel that some of the Environmental Health and Building Code regulations,
adopted at the State level and unchangeable by local governments, are burdensome. It is
possible that the Planning Board may hear input from others on these matters so staff is
informing the Board of these ancillary issues.
FINANCIAL IMPACT: Existing Staff has accomplished the work completed thus far on this
project. It is anticipated that existing staff will be able to complete the necessary work required
for this project.
RECOMMENDATION(S): The Planning Staff recommends the Ordinance Review Committee
review and comment upon the proposed amendments to the UDO and Comprehensive Plan.
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1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-06
Agricultural Support Enterprises
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s): Appendix F: Land Use and Zoning Matrix
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Numerous sections in order to establish a new conditional zoning
district, define uses, designate zoning districts for uses, and
establish/modify various standards for uses. Depending on direction
to be received at the September 9, 2013 BOCC work session,
approval processes may also be modified.
Other:
B. RATIONALE
1. Purpose/Mission
To complete the Agricultural Support Enterprises (ASE) project that has been in
Attachment 1 92
2
development since 2001. The purpose of ASE is to enable bona fide farmers to
engage in uses related to agriculture on their farmland in order to generate additional
farm income. The ASE program will potentially allow for development of more
agriculturally-related uses in the county by utilizing a new conditional zoning district
(ASE-CZ). The proposed amendments will also expand agriculturally-related uses in
some of the general use zoning districts.
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’.
The Agricultural Support Enterprises (ASE) project has been in development since
2001 and has been known by other names (“Rural Enterprises” and “Agricultural
Services”) in the past. The project has been on several Board of County
Commissioners (BOCC) agendas through the years and the following meeting
materials can be reviewed for additional context:
February 23, 2004 http://orangecountync.gov/OCCLERKS/0402231.pdf
March 29, 2004 http://orangecountync.gov/OCCLERKS/040329.htm (JPA
Information Item)
February 28, 2005 http://orangecountync.gov/OCCLERKS/050228c1.pdf
May 23, 2005 http://orangecountync.gov/OCCLERKS/050523d1.pdf
May 22, 2006 http://orangecountync.gov/OCCLERKS/060522d2.pdf
May 21, 2007 http://orangecountync.gov/OCCLERKS/070521d1.pdf
June 12, 2007 http://orangecountync.gov/OCCLERKS/0706124ii.pdf
August 27, 2007 http://orangecountync.gov/OCCLERKS/070827d1.pdf
May 14, 2013 http://orangecountync.gov/occlerks/130514.pdf
September 9, 2013 http://orangecountync.gov/occlerks/130909.pdf
This project is included in the “Future Phase Suggestions” section of the UDO
“Implementation Bridge.” A multi-department staff group has been working on this
program. Departments include DEAPR, Economic Development, Environmental
Health, and Planning & Inspections (including Building Code staff).
The proposed amendments build heavily upon the work that has been completed
since 2001, with some minor deviations to account for changes in statutes related to
bona fide farms and to follow the general cadence of the County’s UDO (the former
program had been written to fit into the former Zoning Ordinance) while maintaining
the integrity of the UDO. As an example of a minor deviation, the former program
proposed to allow for several of the new use categories to be permitted by right in the
R-1 (Rural Residential) zoning district. Because this is inconsistent with the purpose
of the R-1 zoning district, which is “to provide locations for rural non-farm residential
development…” [underline added], staff is not including these uses as permitted by
right in the R-1 district; property owners currently zoned R-1 who wish to engage in
these uses can choose to apply for the new ASE-CZ zoning district or even the AR
(Agricultural Residential) zoning district (in which these uses are proposed to be
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3
permitted by right).
Development standards for most of the uses will be included in the UDO.
Additionally, the development standards applicable to all development in Orange
County (Article 6 of the UDO) will apply to the uses included in this amendment;
examples of the standards in Article 6 are: land use buffers, parking, signage, stream
buffers, and performance standards such as noise.
A user-friendly manual will also be part of the ASE project.
Additional analysis will be provided as part of the quarterly public hearing materials.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Planning Principle #5: Preservation of Rural Land Use Pattern
Planning Principle #8: Preservation of Community Character
Natural and Cultural Systems Goal 2: Economic viability of agriculture, forestry, and
horticulture and their respective lands.
Natural and Cultural Systems Goal 3: Infrastructure and support systems for local
and regional agriculture.
Objective AG-3: Develop programs and associated infrastructure facilities to make
local farms more economically viable, including local farm product processing,
development of a distribution center, and marketing initiatives.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 5, 2013
b. Quarterly Public Hearing
February 2014
c. BOCC Updates/Checkpoints
May 14, 2013 work session
September 9, 2013 special work session
Early February 2014 – approve legal ad for quarterly public hearing
d. Other
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2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements and additional outreach as described below.
a. Planning Board Review:
October 2, 2013 – ORC Meeting
March 2014 – for recommendation
b. Advisory Boards:
Agricultural Preservation Board –
October 16, 2013 meeting for
review/comment; additional APB
meetings as deemed necessary
c. Local Government Review:
November 21, 2013 AOG Meeting to
Present to Elected Officials
August 13, 2013 - Planning staff
informally notified Chapel Hill and
Carrboro Planning Directors of work
in progress and anticipated AOG
item.
JPA partners will be formally notified
and invited to comment a minimum of
30 days prior to adoption (per JPA
Agreement). (Planning staff intends to
transmit the proposed amendment
package to JPA partners well before
the 30-day minimum.)
d. Notice Requirements
Consistent with NC State Statutes and requirements in UDO – legal ad prior to
public hearing.
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
General Public: At least one public information meeting will be held prior to
the quarterly public hearing.
Small Area Plan Workgroup:
Other: Planning staff will work with DEAPR staff and the Agricultural
Preservation Board to ensure the “agricultural community” is
informed of the amendments.
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provision of County services. Costs for the required legal advertisement will be paid
from FY2013-14 Departmental funds budgeted for this purpose. Existing County
staff included in Departmental staffing budgets will accomplish the work required to
process this amendment and to develop the accompanying user-friendly manual.
D. AMENDMENT IMPLICATIONS
These amendments incorporate land uses the agricultural community would like to see
specifically included on the Table of Permitted Uses (Section 5.2) (as opposed, for
example, being considered “Retail, Class 1”). The amendments also establish a new
conditional zoning district (ASE-CZ) and denote the types of uses that may be applied
for as part of an ASE-CZ rezoning application, potentially allowing for development of
more agriculturally-related uses in the county. The proposed amendments will also
expand agriculturally-related uses in some of the general use zoning districts.
Please also see section B.2 above for additional information.
E. SPECIFIC AMENDMENT LANGUAGE
A draft of the amendment package is in Attachment 3.
Primary Staff Contact:
Perdita Holtz
Planning & Inspections
919-245-2578
pholtz@orangecountync.gov
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1
Agricultural Support Enterprises
Basic Zoning Program
Notes:
1. Some uses listed below already exist within the UDO and are not proposed for changes. They are included on this table in order
to address the full range of uses that are part of “Agricultural Support Enterprises” and regulated by zoning.
2. All uses are subject to the development standards contained in Article 6 of the UDO (Landscaping, Buffers, Parking, Loading,
Signage, Lighting, etc.) and any other applicable section.
3. All uses are subject to any applicable Environmental Health (well, septic, food service, etc.) and Building Code regulations.
These types of regulations are adopted at the State level and the local government cannot change them.
4. There may be other State or Federal requirements applicable to specific uses (e.g., meat processing for public consumption).
DEAPR or Cooperative Extension staff can assist people with understanding other types of requirements.
5. A pre-development meeting is available free of charge to all persons proposing projects. All relevant County staff members (from
all involved departments, depending on project proposed) are in attendance at the meeting to assist potential applicants in
understanding all requirements for the potential project and the relevant processes. Prospective applicants are highly
encouraged to take advantage of this service.
Type of Use1 General Use Zoning
Districts in which Allowed
Conditional Zoning
Districts in which Allowed
Standards Section for
Specific Use
Agricultural Processing Facility AS, I1, I2, I3 ASE-CZ, MPD-CZ 5.13.2
Agricultural Processing Facility,
Community
RB, AR, LC1, NC2, AS, I1 ASE-CZ, CUD 5.13.3
Agricultural Services Uses AS ASE-CZ, MPD-CZ, CUD none
Botanical Gardens/Arboretum All districts except EC5 and
EI
ASE-CZ none
Cold Storage Facility AS (w/ SUP-A), I1, I2, I3 ASE-CZ, MPD-CZ, CUD 5.13.4
Community Farmers’ Market RB, AR, LC1, NC2, CC3,
GC4, AS
ASE-CZ, MPD-CZ, CUD 5.13.5
1 What is it? Check the definition section of the amendment packet to see how it’s defined.
Attachment 2
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Type of Use1 General Use Zoning
Districts in which Allowed
Conditional Zoning
Districts in which Allowed
Standards Section for
Specific Use
Composting Operation, no grinding AS (w/ SUP-A) ASE-CZ, CUD 5.13.6
Composting Operation, with grinding AS (w/ SUP-A) ASE-CZ 5.13.6
Cooperative Farm Stand RB, AR, LC1, NC2, AS ASE-CZ, MPD-CZ, CUD 5.13.7
Country Store LC1, NC2, AS ASE-CZ, MPD-CZ, CUD None
Equestrian Center AR (w/ SUP-A) ASE-CZ, CUD 5.13.8
Farm Equipment Rental, Sales and
Service
GC4, EC5, AS, I2, I3 ASE-CZ 5.13.9
Farm Supply Store LC1, NC2, CC3, GC4, AS ASE-CZ, MPD-CZ, CUD 5.13.10
Feed Mill AS, I2, I3 ASE-CZ, MPD-CZ 5.13.11
Garden Center LC1, NC2, CC3, GC4, AS ASE-CZ, MPD-CZ, CUD 5.6.3
Greenhouses with On Premises
Sales
AR, NC2, CC3, GC4, EC5,
AS
ASE-CZ, MPD-CZ, CUD 5.13.12
Guest Ranch none ASE-CZ 5.7.6
Kennels, Class I RB, AR, R1, CC3, GC4, AS ASE-CZ None
Kennels, Class II w/ SUP-B only: RB, AR, R1,
CC3, GC4, AS
ASE-CZ 5.6.5
Meat Processing Facility, Community RB, AR ASE-CZ, CUD 5.13.13
Meat Processing Facility, Regional AS (w/ SUP-A) ASE-CZ 5.13.14
Metal Fabrication Shop Not explicit (would fall under
one of the Industrial
classifications)
ASE-CZ 5.14.1
Microbrewery, production only I1, I2, I3
w/ SUP-B only: RB, AR
ASE-CZ, MPD-CZ, CUD 5.14.2
Microbrewery with Minor Events w/ SUP-B only: RB, AR, I1,
I2, I3
ASE-CZ, MPD-CZ, CUD 5.6.10
Microbrewery with Major Events none ASE-CZ, MPD-CZ 5.6.11
Off-Season Use of Farm Equipment RB, AR, AS ASE-CZ, CUD 5.13.15
Rural Guest Establishment: Bed &
Breakfast
RB, AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.7
Rural Guest Establishment: Bed &
Breakfast Inn
w/ SUP-B only: AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.8
Rural Guest Establishment: Country
Inn
w/ SUP-A only: AR, R1 ASE-CZ, MPD-CZ, CUD 5.6.9
98
3
Type of Use1 General Use Zoning
Districts in which Allowed
Conditional Zoning
Districts in which Allowed
Standards Section for
Specific Use
Rural Heritage Museum w/ SUP-B only: RB, AR, LC1,
NC2, AS
ASE-CZ, CUD 5.17.7
Rural Special Events RB, AR, AS ASE-CZ, MPD-CZ, CUD 5.17.8
Sawmill AS 5.14.3
Stables, Commercial w/ SUP-B only: RB, AR, R1,
CC3, GC4, AS
ASE-CZ, MPD-CZ 5.13.16
Stockyards / Livestock Markets AS ASE-CZ 5.13.17
Studio (Art) LC1, NC2, CC3, GC4, OI, I1,
I2, I3
MPD-CZ, REDA-CZ-1, CUD
Taxidermy LC1, NC2, CC3, GC4, I1
w/ SUP-B only: AR
ASE-CZ, CUD 5.6.12
Veterinary Clinic
LC1, NC2, CC3, GC4, EC5,
OI, AS, I1, I2, I3
w/ SUP-B only: AR
ASE-CZ, MPD-CZ, CUD 5.16.1
Veterinary Clinic, mobile
LC1, NC2, CC3, GC4, EC5,
OI, AS, I1, I2, I3
w/ SUP-B only: AR, R1
ASE-CZ, MPD-CZ, CUD 5.16.2
Veterinary Hospitals CC3, GC4, EC5, OI, AS, I2,
I3
ASE-CZ, MPD-CZ, CUD 5.16.3
Winery, production only I1, I2, I3
w/ SUP-B only: RB, AR
ASE-CZ, MPD-CZ, CUD 5.14.4
Winery with Minor Events w/ SUP-B only: RB, AR, I1,
I2, I3
ASE-CZ, MPD-CZ, CUD 5.6.13
Winery with Major Events none ASE-CZ, MPD-CZ 5.6.14
99
4
Bona Fide Farming Activities
Bona fide farming activities are exempt from local zoning regulations, but may be subject to environmental health and building codes
and regulations in the UDO that are not considered “zoning”. Examples of bona fide farming activities are:
Production and activities relating or incidental to the production of crops, fruits, vegetables, ornamental and flowering plants,
dairy, livestock (including horses), and poultry. Includes the use of greenhouses.
Planting and production of trees and timber
Aquaculture
Marketing and selling of agricultural products produced on-site (e.g., can have a farm stand or store building on the bona fide
farm and farm products can include raw and value added products).
On-site agritourism
Storage and use of products and materials for on-site agricultural purposes
Packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural
products produced on-site
Production of nonfarm product that the Department of Agriculture and Consumer Services recognizes as a “Goodness Grows
in North Carolina” product, if produced on a farm subject to a conservation agreement in an enhanced voluntary agriculture
district
Sawmill for timber produced on-site
Farm employee housing
Teaching classes related to agriculture on the farm
Winery (using predominantly grapes produced on-site)
Microbrewery (using predominantly crops produced on-site)
100
Amendment Package for “Agricultural Support Enterprises”
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text and Comprehensive Plan text to adopt changes related to “Agricultural
Support Enterprises.” The changes are consistent with the general program that has been in
development since 2001.
Proposed additions/changes to existing text are depicted in red. Some of the proposed changes
utilize footnotes to provide a brief explanation as to rationale. 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://orangecountync.gov/planning/Ordinances.asp
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.
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. Text with a large “X” is not proposed for
deletion; proposed deletions are shown in strikethrough text.
At this time, a search of the UDO has not been completed to determine if any references to
changed section numbers need to also be included in the amendment package. A search will
be completed prior to drafting of the legal ad.
Finally, additional changes to Article 2 of the UDO may be forthcoming, depending on the
outcome of the BOCC work session on September 9, 2013 where staff will seek input/direction
on approval processes. Also, the amendment package is subject to change pending additional
staff and advisory board review.
101
Article 2: Procedures
Section 2.4: Zoning Compliance Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-8
not be issued until the aforementioned permit has been issued by the responsible board
in accordance with the review and approval procedures detailed herein.
(B) Issuance of a Special Use or Conditional Use Permit does not negate the requirement for
a Zoning Compliance Permit.
(C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and
complete construction or change the use/occupancy of a lot or building should
regulations change subsequent to issuance of said permit.
(D) Application for Zoning Compliance Permit shall specify the method of disposal of trees,
limbs, stumps and construction debris associated with the permitted activity. Open
burning of trees, limbs, stumps, and/or construction debris associated with the permitted
activity is expressly prohibited.
(E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Building Inspector has, after final inspection,
issued a Certificate of Occupancy indicating compliance with all the provisions of this
Ordinance.
(F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Orange County Health Department has
approved the water supply and sewage disposal systems serving that use.
(G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water
supply and sewage disposal system by the Health Department shall in no case be
construed as waiving any provision of this Ordinance.
(H) Zoning Compliance Permits shall become null and void after 18 months from the date of
issuance if a building permit is not applied for or land disturbing activities are not
commenced in accordance with the provisions of this Ordinance.
2.4.3 Plot Plan Specifications
(A) For development types requiring a plot plan rather than a site plan, the plot plan shall
contain the following:
(1) A scaled drawing denoting the length of all property lines,
(2) A north arrow denoting the orientation of the lot and all proposed structures,
(3) The location of all existing structures, driveways, and areas of impervious
surface1,
(4) The location of the proposed structure(s) and distances from all property lines,
(5) The location of the proposed driveway,
(6) The location of the proposed septic system and proposed drain lines on the
property,
(7) The location of the proposed well, and
(8) The location of any protected features on the property (i.e. stream buffers, flood
plain, wetlands, etc)., and
(9) The location and dimensions of proposed parking areas.
1 Staff recommends adding this language to the requirements for a plot plan. This section seems to have been
written only with new construction in mind. However, denoting the location of these items has always been asked
by staff or else impervious surface could not be calculated for a lot. Additionally, some structure types are
required by the building code to be a certain distance from other structures so without the information on the plot
plan, it would be impossible for staff to determine compliance.
102
Article 2: Procedures
Section 2.5: Site Plan Review
Orange County, North Carolina – Unified Development Ordinance Page 2-9
(B) Base plot plans are available from the Planning Department and can be printed for a fee
in accordance with the established fee schedule. Applicants may also use other sources
of base plot plans provided the requirements of this Section are met.
(1) Planning staff is available to discuss compliance matters but shall not complete
plot plans.
SECTION 2.5: SITE PLAN REVIEW
2.5.1 Review and Approval Flow Chart
The review and approval process for a Site Plan is
shown in the procedure’s flowchart.
2.5.2 Application Requirements
(A) Each site plan shall be prepared and
sealed by an appropriately licensed
professional with the following exceptions.
The following are exempt from this
requirement but must provide a plot plan
pursuant to Section 2.4.3.2:
(1) Proposed additions to existing
permitted non-residential structures
where the use of the structure and
lot has not changed and the floor
area is not increased more than
25%.
(2) Accessory structures to existing
permitted non-residential structures
where vehicular use area is not
extended and changes to existing
grade are not more than one foot in
elevation.
(3) Large day care homes, as defined
in Article 10, Definitions.
(4) Rural Guest Establishments with
three guestrooms or less - Bed &
Breakfasts.
(5) Cooperative Farm Stand.
(6) Rural Special Events.
(7) Non-Farm Use of Farm Equipment.
(B) The applicant shall submit to the Planning and Inspections Department:
(1) Three copies of the site plan prepared in accordance with the provisions detailed
in this Section. Additional copies may be required depending on the nature and
location of the proposed development);.
(2) The completed site plan application form;
(3) A copy of the Orange County tax map with the subject property identified;
2 Staff recommends this additional language to provide more clarity that a plot plan is (and has always been)
required for the uses in this list.
Planning Director Review and Final
Decision: Approval, Approval with
Conditions, or Denial [1]
[1] If Plan is approved with conditions, no
zoning permit authorization or building
permit issued until conditions satisfied
Completed Application
Distributed to Applicable
Agencies, Development Advisory
Committee, and Other
Departments for Review
Determination of Completeness
By Planning Director
Site Plan
Application
Submittal
103
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-63
(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, or land
uses, listed on the Table of Permitted Uses in Section 5.2 of this Ordinance, even
if such use is not listed as a permitted use or special use under the current
zoning designation of the subject property.
(2) Conditional Use Districts shall conform to all applicable development regulations,
including uses, for the corresponding general use zoning district, as well as any
specific use standards and development standards established in Articles 5 and
6 of this Ordinance.
(3) A Conditional Use District requires the approval of a rezoning by the Board of
County Commissioners, approval of a site plan, the issuance of a Class A
Special Use Permit, and may include agreed-upon conditions of development.
3.8.4 Where Permitted
(A) Conditional Districts are permitted in any Land Use classification and shall be located
consistent with the existing general development pattern and the objectives of the
adopted Comprehensive Plan and any adopted small area plan(s).
(B) Conditional Districts are permitted within areas subject to the Joint Planning Agreement
(JPA) between Orange County the Towns of Carrboro and Chapel Hill, subject to the
terms and standards of the JPA.
(C) Conditional Districts are permitted within the University Lake, Cane Creek, and Upper
Eno Protected and Critical Watershed Overlay Districts.
104
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-64
ASE-CZ
AGRICULTURAL SUPPORT
ENTERPRISES
DIMENSIONAL AND RATIO STANDARDS 3
Lot size, min., per use
(square feet) 40,000 [1]
Lot Width, min. (feet) 150
PURPOSE Front Setback from
ROW, min. (feet) 40
The purpose of the Agricultural Support Enterprises (ASE-CZ)
District is to provide for agriculturally-related activities that are not
considered bona fide farming activities within the County’s planning
jurisdiction.
Side Setback, min.
(feet) 20 [2]
Rear Setback, min.
(feet) 20 [2]
APPLICABILITY Height, max. (feet) 45 [3]
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed development, the
relationship of the site and site development plan to adjoining
property, and the development itself.4
Floor Area Ratio, max No requirement [4]
Required Open Space
Ratio, min. No requirement [4]
Required Livability
Space Ratio, min. No requirement [4]
Required Recreation
Space Ratio, min. No requirement [4]
DIMENSIONAL STANDARDS NOTES:5
[1] Lot size for individual uses shall be appropriate to the method of
water supply and sewage disposal.
[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.
[4] The overall development will be evaluated to ensure compatibility
with surrounding properties and with planning objectives.
Required Pedestrian /
Landscape Ratio, min. No requirement [4]
ASE-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS 6
1. Uses shall be restricted to those indicated for the ASE-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.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of
individual dwellings that can be developed on a parcel of property). The ASE-CZ district is not intended for
residential uses such as subdivisions. Any residential uses are to be occupied by the operator of the associated
3 These standards are consistent with other existing zoning district such as AR and AS and/or are consistent with
how other CZ districts are handled.
4 This statement is consistent with the statements made for other CZ districts.
5 Consistent with how similar uses/zoning districts are written.
6 These are typical of other zoning districts and seek to direct users to other applicable sections of the UDO. #3
also clarifies that residential uses in the ASE-CZ district are incidental.
105
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-65
farm or the proprietor of the approved use.
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
least 40,000 square feet.
106
Article 5: Uses
Section 5.1: Establishment of Use Regulations
Orange County, North Carolina – Unified Development Ordinance Page 5-2
(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
5.1.4 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),
(j) Meat Processing Facility, Regional,
107
Article 5: Uses
Section 5.1: Establishment of Use Regulations
Orange County, North Carolina – Unified Development Ordinance Page 5-3
(k) Military Installations (National Guard & Reserve Armory),
(l) Residential Hotel (Fraternities, Sororities, and Dormitories),
(m) Riding Stables, Commercial,
(n) Sawmills,
(o) Stockyards / Livestock Markets, and
(p) Waste Management Facility; Hazardous & Toxic
(2) For all land use classifications other than the Commercial-Industrial Transition
Activity Node or Economic Development Transition Activity Node, the following
uses shall not be considered or approved as a Conditional Use District:
(a) Agricultural Processing Facility
(b) Airports, General Aviation, Heliports, S.T.O.L,
(c) Bus Terminals & Garages,
(d) Class II Kennels,
(e) Commercial Feeder Operation,
(f) Composting Operation with grinding,
(g) Crematoria,
(h) Drive-In Theaters,
(i) Extraction of Earth Products,
(j) Farm Equipment Rental, & Sales and Service,
(k) Feed, Seed, Storage & Processing Mill,
(l) Funeral Homes,
(m) Health Services: Over 10,000 square feet,
(n) Hospitals,
(o) Hotels & Motels,
(p) Industrial, Light,
(q) Industrial, Medium,
(r) Industrial, Heavy,
(s) Junkyards,
(t) Landfills (less than 2 acres),
(u) Landfills (2 acres or more),
(v) Meat Processing Facility, Regional,
(w) Military Installations (National Guard & Reserve Armory),
(x) Motor Freight Terminals,
(y) Motor Vehicle Maintenance & Repair (Body Shop),
(z) Motor Vehicle Repair Garage,
(aa) Petroleum Products: Storage & Distribution,
(bb) Research Facility,
(cc) Residential Hotel (Fraternities, Sororities, and Dormitories),
(dd) Riding Stables, Commercial,
108
Article 5: Uses
Section 5.1: Establishment of Use Regulations
Orange County, North Carolina – Unified Development Ordinance Page 5-4
(ee) Sawmills,
(ff) Stockyards / Livestock Markets,
(gg) Storage of Goods, Outdoor,
(hh) Waste Management Facility; Hazardous & Toxic, and
(ii) Wholesale Sales.
109
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-5
SECTION 5.2: TABLE OF PERMITTED USES
5.2.1 Table of Permitted Uses – General Use Zoning Districts
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
AGRICULTURAL USES
Agricultural Processing Facility ~ * * * *
Agricultural Processing Facility, Community ^ * * * * * *
Agricultural Services Uses * *
Cold Storage Facility A * * *
Commercial Feeder Operation ~8 * * *
Community Farmers’ Market ^ * * * * * * *
Composting Operation, no grinding A
Composting Operation, with grinding ~ A
Cooperative Farm Stand ^ * * * * *
Equestrian Center A
Farm Equipment Rental, & Sales and Service ~ * * * * *
Farm Supply Store * * * * *
Feed, Seed, Storage & Processing Mill ~ * * *
Greenhouses with (On Premises Sales) ^ 9 * * * * * *
7 It should be noted that the pre-2010 ASE work proposed that many of the ASE-related uses would also be allowed in the R-1 (Rural Residential) zoning
district. Planning staff is recommending that farming-related uses not be added to the R-1 zoning district as permitted uses because the stated purpose of the
R-1 zoning district is “to provide for rural non-farm residential development…” (emphasis added). Farming ventures currently located in an R-1 zoning district
can apply to have property rezoned to either AR (Agricultural Residential) or ASE-CZ if there is interest in pursuing additional uses on the farmed property.
8 This is considered a bona fide farm under State Statutes and cannot be regulated with zoning so it is being recommended for deletion by staff.
9 Moved from “Commercial Uses” section
110
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-6
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Meat Processing Facility, Community ^ * * * * * *
Meat Processing Facility, Regional ~ A
Non-Farm Use of Farm Equipment ^ * * *
Riding Stables, Commercial ~ B B B B B B
Stockyards / Livestock Markets ~ *
CHILD CARE & EDUCATIONAL FACILITIES
Center in a Residence for 3 to 12 Children * * * * * * * * * * * * * *
Child Care Facilities B B B B B B B B B * * * * * *
Libraries * * * * *
Non-Profit Educational Cooperative A
Schools: Dance, Art & Music * * * * * *
Schools: Elementary, Middle & Secondary A A A A A A A A A A
Schools: Vocational * * * * *
Universities, Colleges & Institutes * * * * * *
COMMERCIAL USES
Banks & Financial Institutions * * * * *
Beauty & Barber Shops * * * * *
Rural Guest Establishment: Bed & Breakfast ^ 10 * * *
Rural Guest Establishment: Bed & Breakfast Inn ^ B B
Rural Guest Establishment: Country Inn ^ A A
Country Store * * *
Drive In Theaters ~ *
10 The three “Rural Guest Establishment” types will be moved to alphabetical order within the list as well.
111
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-7
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Funeral Homes ~ * *
Garden Center (On Premises Sales) * * * * *
Greenhouses (No On Premises Sales)11 * * * * * * * *
Greenhouses (On Premises Sales)12 * * * * * *
Hotels & Motels ~ * *
Junkyards ~ A A A
Kennels, Class II ~ ^ B B B B B B
Laundry & Dry Cleaning Services * * * * *
Massage, Business of * *
Microbrewery with Minor Events ^ B B B B B
Nightclubs, Bars, Pubs * * *
Offices & Personal Services, Class 1 * * * * * * * * *
Offices & Personal Services, Class 2 * * * * * * *
Offices & Personal Services, Class 3 * * * *
Repair Service Electronic & Appliance * * * *
Restaurants: Carry Out * * * *
Restaurants: Drive In * * *
Restaurants: General * * * *
Retail, Class 1 * * * * *
Retail, Class 2 * * * *
Retail, Class 3 * *
11 This is a bona fide farm use and cannot be regulated by zoning
12 Moved to “Agricultural Uses” section
112
Article 5: Uses
Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-8
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Storage of Goods, Outdoor ~ * * * *
Storage of or Warehousing: Inside Building 13 * * * * * *
Studio (Art) * * * * * * * *
Taxidermy ^ B * * * * *
Tourist Home * * * * *
Wholesale Trade ~ * * * * * * *
Winery with Minor Events ^ B B B B B
EXTRACTIVE USES
Extraction of Earth Products ~ A A A A A
GOVERNMENTAL USES
Governmental Facilities & Office Buildings * * * * * * * * * * * * * * * * * *
Governmental Protective Services (Police & Fire
Stations) Rescue Squads, Volunteer Fire
Departments
* * * * * * * * * * * * * * * * * *
Military Installations (National Guard & Reserve
Armory) ~ * * * *
MANUFACTURING, ASSEMBLY & PROCESSING
Assembly and Packaging Operations Including Mail
Order Houses, But Excluding On-Premises Retail
Outlets
* * * * *
Industrial, Heavy ~ *
Industrial, Light ~ * * * *
Industrial, Medium ~ * *
Microbrewery, production only ^ B B * * *
13 Staff is suggesting this typographical error be corrected as part of this UDO amendment.
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-9
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Printing & Lithography * * * * * *
Sawmills ~ *
Winery, production only ^ B B * * *
MEDICAL USES
Animal Veterinary Hospitals; Veterinarians 14 * * * * * * *
Health Services: Over 10,000 Sq. Ft. ~ *
Health Services: Under 10,000 Sq. Ft. * * * * *
Hospitals ~ * *
Veterinary Clinic B * * * * * * * * * *
Veterinary Clinic, mobile B B * * * * * * * * * *
RECREATIONAL USES
Botanical Gardens & Arboretums * * * * * * * * * * * * * * * * * * *
Camp/Retreat Center B B B
Golf Driving and Practice Ranges B * * *
Parks, Public & Non-Profit * * * * * * * * * * * * * * * * * *
Recreational Facilities (Non-Profit) B B B B B B B B B B B B B B B B B
Recreational Facilities (Profit) * * *
Golf Course A A A A A A A A A A A A A A A A A
RESIDENTIAL USES
Dwelling; Mobile Home * * * * * * * * * * *
Dwelling; Multiple Family * * * * * * * * *
Dwelling; Single-Family * * * * * * * * * * * * *
14 Will be moved to alphabetical order within this section
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-10
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Dwelling; Two-Family * * * * * * * * * * * *
Family Care Home * * * * * * * * * * * * * * *
Group Care Facility B B B B B B B B B B B B B B B
Rehabilitative Care Facility * * *
Residential Hotel (Fraternities, Sororities, and
Dormitories) ~ A A A A A
Rooming House * * * * *
TELECOMMUNICATIONS
Telecommunication Tower – Stealth (75 feet or
shorter) * * * * * * * * * * * * * * * * * * * * *
Telecommunication Towers (Over 75 feet and under
200 feet) B B B B B B B B B B B B B B B B B B B B B
Telecommunication Towers (200 feet and higher) A A A A A A A A A A A A A A A A A A A A A
TEMPORARY USES
Buildings, Portable B B B B B B B B B B B B B B
Temporary Mobile Home (Custodial Care) B B B B B B B B B B
Temporary Mobile Home (Use during
construction/installation of permanent residential unit
and for 30 days following issuance of Certificate of
Occupancy)
* * * * * *
AUTOMOTIVE / TRANSPORTATION
Bus Passenger Shelter * * * * * * * * * * * * * * * * * * *
Bus Terminals & Garages ~ * * * *
Motor Freight Terminals ~ * * *
Motor Vehicle Maintenance & Repair (Body Shop) ~ * * *
Motor Vehicle Repair Garage ~ * *
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-11
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Motor Vehicle Sales / Rental (New & Used) Δ1 * * * * * *
Motor Vehicle Services Stations * * * * *
Parking As Principle Principal Use, Surface or
Structure 15 * * *
Petroleum Products: Storage & Distribution ~ * * *
Postal & Parcel Delivery Services * * *
UTILITIES
Elevated Water Storage Tanks B B B B B B B B B B B B B B B B B
Public Utility Stations & Sub-Stations, Switching
Stations, Telephone Exchanges, Water & Sewage
Treatment Plants
A A A A A A A A A A A A A A A A A A A A
Electric, Gas, and Liquid Fuel Transmission Lines B B B B B B B B B B B B B B B B B B B
Water & Sanitary Sewer Pumping * * * * * * * * * * * * * * * * * * * *
Solar Array – Large Facility B B B B B B B B B B B B B B B B B B B
Solar Array – Public Utility A A A A A A A A A A A A A A A A A A A
WASTE MANAGEMENT
Landfills (2 Acres or More) ~ A A A A A A A
Landfills (Less Than 2 Acres) ~ B B B B B B B
Waste Management Facility; Hazardous & Toxic ~ A A A
MISCELLANEOUS
Accessory Uses * * * * * * * * * * * * * * * * * * * * *
Airports, General Aviation, Heliports, S.T.O.L ~ A A A A A A
Assembly Facility Greater Than 300 * *
15 Staff is suggesting this typographical error be corrected as part of this UDO amendment.
1 See Section 5.14.1 for special standards
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-12
TABLE OF PERMITTED USES – GENERAL USE ZONING DISTRICTS
* = PERMITTED USE A = CLASS A SPECIAL USE B = CLASS B SPECIAL USE Δ = SUBJECT TO SPECIAL STANDARDS
USE TYPE GENERAL USE ZONING DISTRICTS
RB AR R1 7 R2 R3 R4 R5 R8 R13 LC1 NC2 CC3 GC4 EC5 OI AS EI I 1 I2 I3 PID
~ Use may not be permitted as a Conditional Use District; See Section 5.1.4(E)
^ Allowed as more than one principal use if located on a bona fide farm (see Section 6.2.5)
Assembly Facility Less Than 300 * *
Cemetery B * B B B B B B B
Church * * * * * * * * * * * * * * * * * * *
Clubs or Lodges; Social; Fraternal or Union
Clubhouses * * * * * * * *
Community Center B B B B B B B B B * * * *
Crematoria ~ * * *
Historic Sites Non-Residential/Mixed Use A A A
Kennels, Class I * * * * * *
Research Facility ~ * * * * * * *
Research Lands & Installations, Non-profit *
Rural Heritage Museum B B B B B
Rural Special Events ^ * * *
Special Events (Less than 150) * * *
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-22
5.2.3 Table of Permitted Uses – Conditional Zoning Districts
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
AGRICULTURAL USES
Agricultural Processing Facility * *
Agricultural Processing Facility, Community *
Agricultural Services Uses * *
Cold Storage Facility * *
Commercial Feeder Operation 16
Community Farmers’ Market * *
Composting Operation, no grinding *
Composting Operation, with grinding *
Cooperative Farm Stand * *
Equestrian Center *
Farm Equipment Rental, & Sales and Service *
Farm Supply Store * *
Feed, Seed, Storage & Processing Mill * *
Greenhouses with (On Premises Sales) 17 * *
Meat Processing Facility, Community *
Meat Processing Facility, Regional *
Non-Farm Use of Farm Equipment *
Riding Stables, Commercial * *
Stockyards / Livestock Markets *
16 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff.
17 Moved from “Commercial Uses” section.
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-23
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Teaching Farm *
CHILD CARE & EDUCATIONAL FACILITIES
Center in a Residence for 3 to 12 Children
Child Care Facilities *
Libraries * *
Non-Profit Educational Cooperative
Schools: Dance, Art & Music *
Schools: Elementary, Middle & Secondary *
Schools: Vocational *
Universities, Colleges & Institutes *
COMMERCIAL USES
Banks & Financial Institutions *
Beauty & Barber Shops * *
Rural Guest Establishment: Bed & Breakfast 18 * *
Rural Guest Establishment: Bed & Breakfast Inn * *
Construction (Sector 23) *
Contractors, Building & Trade * *
Rural Guest Establishment: Country Inn * *
Country Store * *
Finance & Insurance (Sector 52) *
Funeral Homes *
Garden Center with (On Premises Sales) * *
18 The three “Rural Guest Establishment” types will be moved to alphabetical order within the list as well.
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-24
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Greenhouses (No On Premises Sales)19 *
Greenhouses (On Premises Sales) *
Hotels & Motels *
Insurance Carriers & Agents *
Junkyards
Kennels, Class I *
Kennels, Class II *
Laundry & Dry Cleaning Services *
Management of Companies & Enterprises (Sector 53) *
Massage, Business of *
Metal Fabrication Shop *
Microbrewery with Minor Events * *
Microbrewery with Major Events * *
Nightclubs, Bars, Pubs *
Offices & Personal Services, Class 1 * *
Offices & Personal Services, Class 2 *
Offices & Personal Services, Class 3 *
Professional, Scientific & Technical Services (Sector 54) *
Real Estate Agents & Brokers * *
Repair Service Electronic & Appliance *
Restaurants: Carry Out *
Restaurants: Drive In *
Restaurants: General *
Retail, Class 1 *
19 This is a bona fide farm use and cannot be regulated by zoning so it is being recommended for deletion by staff.
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-25
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Retail, Class 2 *
Retail, Class 3 *
Storage of Goods, Outdoor * * *
Storage or Warehousing: Inside Building * *
Studio (Art) * *
Taxidermy *
Theater, Indoor or Outdoor (including Drive-ins) * *
Tourist Home
Wholesale Trade *
Winery with Minor Events * *
Winery with Major Events * *
EXTRACTIVE USES
Extraction of Earth Products
GOVERNMENTAL USES
Governmental Facilities & Office Buildings *
Governmental Protective Services (Police & Fire Stations) Rescue
Squads, Volunteer Fire Departments *
Military Installations (National Guard & Reserve Armory)
Public Administration (Sector 92) *
MANUFACTURING, ASSEMBLY & PROCESSING
Assembly and Packaging Operations Including Mail Order
Houses, But Excluding On-Premises Retail Outlets *
Industrial, Heavy *
Industrial, Light *
Industrial, Medium *
Manufacturing (Sector 31-33) *
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Section 5.2: Table of Permitted Uses
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TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Microbrewery, production only * *
Pharmaceutical Products *
Printing & Lithography *
Sawmills *
Winery, production only * *
MEDICAL USES
Animal Veterinary Hospitals; Veterinarians 20 * *
Health Services: Over 10,000 Sq. Ft. *
Health Services: Under 10,000 Sq. Ft *
Hospitals *
Veterinary Clinic * *
Veterinary Clinic, mobile * *
RECREATIONAL USES
Arts, Entertainment & Recreation (Sector 71)
Botanical Gardens & Arboretums *
Camp/Retreat Center *
Golf Driving and Practice Ranges *
Guest Ranch *
Parks, Public & Non-Profit * *
Recreational Facilities (Non-Profit) *
Recreational Facilities (Profit) *
Golf Course * *
Race Track (Motorized, etc.) and Go-Kart Track Facilities *
20 Will be moved to alphabetical order within this section.
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Section 5.2: Table of Permitted Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-27
TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
RESIDENTIAL USES
Dwelling; Mobile Home * *
Dwelling; Multiple Family *
Dwelling; Single-Family * *
Dwelling; Two-Family *
Family Care Home
Group Care Facility *
Rehabilitative Care Facility *
Residential Hotel (Fraternities, Sororities, and Dormitories)
Rooming House
TELECOMMUNICATIONS
Telecommunication Tower – Stealth (75 feet or shorter) * *
Telecommunication Towers (150 feet in height or shorter) * *
Telecommunication Towers (greater than 150 in height) * *
TEMPORARY USES
Buildings, Portable *
Temporary Mobile Home (Custodial Care) *
Temporary Mobile Home (Use during construction/installation of
permanent residential unit and for 30 days following issuance of
Certificate of Occupancy
*
TRANSPORTATION
Bus Passenger Shelter *
Bus Terminals & Garages *
Motor Freight Terminals *
Motor Vehicle Maintenance & Repair
(Body Shop) *
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Section 5.2: Table of Permitted Uses
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TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Motor Vehicle Repair Garage *
Motor Vehicle Sales Rental
(New & Used) *
Motor Vehicle Services Stations *
Parking As Principle Principal Use, Surface or Structure21 *
Petroleum Products: Storage & Distribution *
Postal & Parcel Delivery Services * *
UTILITIES
Elevated Water Storage Tanks * *
Public Utility Stations & Sub-Stations, Switching Stations,
Telephone Exchanges, Water & Sewage Treatment Plants * *
Electric, Gas, and Liquid Fuel Transmission Lines * *
Water & Sanitary Sewer Pumping * *
Solar Array – Large Facility * *
Solar Array – Public Utility * *
WASTE MANAGEMENT
Landfills (2 Acres or More)
Landfills (Less Than 2 Acres)
Waste Management Facility; Hazardous & Toxic
MISCELLANEOUS
Accessory Uses * * * *
Airports, General Aviation, Heliports, S.T.O.L.
Assembly Facility Greater Than 300 Occupants * *
Assembly Facility Less Than 300 Occupants * * *
21 Staff is suggesting this typographical error be corrected as part of this UDO amendment.
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TABLE OF PERMITTED USES – CONDITIONAL ZONING DISTRICTS
* = PERMITTED USE
USE TYPE CONDITIONAL ZONING DISTRICTS
ASE-CZ MPD-CZ MHP-CZ REDA-CZ-1
NOTE: Applications for Conditional Zoning Districts must list specific uses for consideration/approval
Cemetery
Church * *
Clubs or Lodges; Social; Fraternal or Union Clubhouses * *
Community Center * *
Crematoria (4) *
Historic Sites Non-Residential/Mixed Use * *
Information (Sector 51) *
Research Facility *
Research Lands & Installations, Non-profit *
Rural Heritage Museum *
Rural Special Events * *
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Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-47
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.
SECTION 5.6: STANDARDS FOR COMMERCIAL USES
5.6.1 Nightclubs, Bars and Pubs
(A) General Standards for Evaluation
(1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a
residence.
5.6.2 Massage Business
(A) General Standards for 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 shall 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.
5.6.3 Garden Center
(A) General Standards for Evaluation
(1) Outdoor display and storage of goods will 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.
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Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-48
(4) Land use buffers shall be provided in accordance with the requirements of
Section 6.8.22
5.6.4 Junkyards
(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 Evaluation -
(a) The site shall be screened from adjacent property by a minimum of an
eight foot high solid fence or equal, uninterrupted except for required
vehicle access points.
(b) No materials shall be stored closer than 50 feet to the public right of way
or 30 feet to the property lines.
(c) Site is of adequate size to protect adjacent properties from adverse
effects of the junkyard.
5.6.5 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 –
(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. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
22 Staff is recommending this be removed as it is redundant with requirements of the UDO – all uses must meet the
buffer requirements. Calling this out as a separate item for this particular use can cause confusion as to
applicability to other uses; this is a remnant of duplicity staff attempted to catch when incorporating the previous
zoning ordinance into the UDO but this instance was missed at the time.
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Section 5.6: Standards for Commercial Uses
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(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) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
(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.
5.6.6 Riding Stables 23
(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 barns, boarding facilities, exercise yards, riding arenas, 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 –
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the riding stable.
(b) No part of any building, structure, exercise yard, or riding arena, 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
facility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
(c) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and boarding facilities.
(d) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
23 Moved to Section 5.13.16.
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Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-50
5.6.7 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.
(iv) Location of well and septic system.
(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 establishment that is not located on a state
maintained road shall furnish a copy of the deed establishing the
ingress/egress easement to the Planning Director. Such documentation
shall not be limited to the easement deed, but may also include copies of
road maintenance agreements as determined by the Planning Director.
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(j) Any application for a bed & breakfast 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 or 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
(a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
(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.
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(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.
5.6.8 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.
(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.
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(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
(a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
(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.
(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 Inns shall be considered commercial operations and
therefore may not 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 Sections 6.9 of this
Ordinance.
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(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 Bed & Breakfast Inn using a private well and
septic system shall be no less than five acres. A Bed & Breakfast Inn
may be permitted on lots of less than five 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.
(3) Expiration and Re-Approval of SUP
(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.
5.6.9 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.
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(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 application for a Country Inn 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.
(j) 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
(a) Proposed uses and facilities are complementary and compatible with
surrounding area, and appropriate in the location proposed given
character of surrounding development.
(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.
(e) Internal vehicular and pedestrian circulation is adequate for the proposed
use(s).
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(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) Country Inns shall be considered commercial operations and therefore
may not be allowed in all protected watersheds, an critical areas.
(h) Building plans for all building areas intended for public use shall be
reviewed and approved by the Health Department, 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. 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.
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(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.
5.6.10 Microbrewery 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.
(2) Site shall have direct access to 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.
5.6.11 Microbrewery with Major Events
(A) Standards for ASE-CZ or MPD-CZ Zoning Districts
(1) (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.
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(d) A description of retail sales and facility tours, if proposed.
(2) Site shall have direct access to 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.
5.6.12 Taxidermy
(A) Standards for Class B Special Use Permit
(1) Enterprises located in an AR (Agricultural Residential) zoning district must 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.
5.6.13 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.
(2) Site shall have direct access to 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.
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(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.
5.6.14 Winery with 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.
(2) Site shall have direct access to 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.
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to the following for-profit
recreational facilities:
(a) Tennis clubs,
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To accomplish this goal, the owners/managers have the option of employing, either singly
or in combination, any of the following:
(1) Requiring all competition vehicles to have functional noise mufflers attached at all
times;
(2) Installing a system of noise baffles, berms, or walls on the perimeter of the
racetrack facility incorporated into the design and placement of any lighting
system and viewing stands, and/or
(3) Depressing the elevation of the raceway track surface, or
(4) Some other innovative noise abatement system.
(L) Limits on racing activities shall be such that no race shall extend beyond 11:00 p.m. on
Friday and Saturday nights, or beyond 9:00 p.m. on other evenings. Practice activities
shall not commence before 10:00 a.m. on any day and shall cease by 9:00 p.m.
(M) All external lighting fixtures shall comply with Orange County lighting standards (Section
6.11).
(N) No storage of hazardous materials shall be permitted, except for racing fuel and
lubricants. Such material storage areas shall be enclosed and posted and the Orange
County Fire Marshal shall approve a pollution incident prevention plan for the storage
facility prior to final occupancy permits.
(O) If additional or accessory land uses are desired, the facility owner shall cause a new site
plan to be created outlining the location and nature of the proposed new land use,
demonstrating compliance with this Ordinance.
(P) The County shall approve a construction schedule to complete the items listed above.
5.7.6 Guest Ranch
(A) Standards for ASE-CZ Zoning District
(1) Minimum lot size: 25 acres.
(2) Site shall have direct access to 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) All structures, facilities, storage areas, and parking areas shall be located a
minimum of 100 feet from all property lines.
(4) Special events are not allowed unless approved in the permit and may be limited
in duration, frequency, number of people in attendance, or other aspects.
(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) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
SECTION 5.8: STANDARDS FOR CHILDCARE & EDUCATIONAL FACILITIES
5.8.1 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:
(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;
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(k) 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) 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) 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) 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) 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) 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 Commercial Feeder Operation 24
(A) General Standards
Property to be utilized for poultry raising, cattle feeding, hog feeding, or other similar uses
that are not a part of a bona fide farm may be established in accordance with the Table of
Permitted Uses subject to the following conditions:
(1) All structures, buildings or enclosed areas, used for housing of poultry, hogs,
cattle or other livestock, shall be a minimum of 100 feet from all property lines.
(2) No structures, buildings or enclosed areas, housing poultry, hogs, cattle or other
livestock shall be less than 120 feet from any residence.
(3) Care shall be exercised that odor is kept to a minimum level through frequent
cleaning of the area.
24 This is a bona fide agricultural use and cannot be regulated by zoning so staff is suggesting it be removed from
the UDO.
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(4) Prior to making this exception, the applicant shall receive from the Orange
County Health Department a letter stating that the applicant has reviewed the
Health Department's requirements for operation of a feeder type facility and
understands the health requirements that must be met. Any violation of a Health
Department regulation shall be considered a violation of this Ordinance.
5.13.2 Agricultural Processing Facility
(A) General Standards for Evaluation
(1) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(2) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
5.13.3 Agricultural Processing Facility, Community
(A) General Standards for Evaluation
(1) If located in an RB or AR zoning district, facility shall be located on the bona fide
farm of one of the cooperative farm partners or must be permitted as an ASE-CZ.
(2) The building shall not exceed 10,000 square feet in size.
(3) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(4) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
5.13.4 Cold Storage Facility
(A) General Standards for Evaluation
(1) If located adjacent to residentially zoned property, all buildings and outdoor
storage areas shall be located a minimum of 100 feet from the property line.
(2) Outdoor storage areas shall be screened from the view of any adjacent
residentially zoned property.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
5.13.5 Community Farmers’ Market
(A) General Standards for Evaluation
(1) The minimum lot size shall be 3 acres unless permitted as an ASE-CZ.
(2) If located adjacent to residentially zoned property, all buildings and vendor areas
shall be located a minimum of 100 feet from the property line.
5.13.6 Composting Operation
(A) General Standards for Evaluation
(1) The minimum lot size shall be 10 acres unless permitted as an ASE-CZ.
(2) All operations shall be located a minimum of 150 feet from all property lines.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Outdoor storage areas shall be screened from view of adjacent properties and
the road right-of-way.
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Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-119
(5) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(6) Compost piles shall not exceed 15 feet in height.
(7) Operations that include grinding shall adhere to the following:
(a) Grinding shall be permitted only during the hours of 7 a.m. and 7 p.m., or
as otherwise specified on the permit.
(b) Grinding area shall be located a minimum of 1,000 feet from any existing
dwelling unit located on adjacent properties.
(c) Grinding area shall be located a minimum of 300 feet from all property
lines.
5.13.7 Cooperative Farm Stand
(A) General Standards for Evaluation
(1) If located in an RB or AR zoning district, stand shall be located on the bona fide
farm of one of the cooperative farm partners.
(2) In addition to the application materials required in Sections 2.5.2 and 2.4.3, the
following shall also be required:
(a) The number of location of participating cooperative farm partners.
(b) A description of the facility, including size of structure(s) and access
locations.
(c) Number of employees, if any.
(d) Frequency and hours of operation.
(3) Sales of any products not produced on the farm(s) of one of the cooperative farm
partners shall be incidental, related to, and a subordinate component of farm
stand sales in scale and profit.
5.13.8 Equestrian Center
(A) Standards for Class A Special Use Permit or ASE-CZ Zoning District
(1) Minimum lot size: 15 acres.
(2) Site shall have direct access to 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) All structures, facilities, storage areas, and parking areas shall be setback a
minimum of 100 feet from all property lines.
(4) Parking area(s) shall include sufficient space for parking and maneuvering trucks
and horse trailers.
(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) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
5.13.9 Farm Equipment Rental, Sales and Service
(A) General Standards for Evaluation
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(1) Outdoor display and storage of equipment shall be permitted in the side and rear
yards of the primary structure and shall be screened from view of adjacent
properties.
(2) Service bays shall be located at the side or rear of a structure and shall not be
visible from adjacent residential property or the road right-of-way.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Parking shall not be located in the front yard space.
5.13.10 Farm Supply Store
(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.
5.13.11 Feed Mill
(A) General Standards for Evaluation
(1) The minimum lot size shall be 3 acres, unless permitted as an ASE-CZ.
(2) All structures, equipment, and outdoor storage areas shall be located a minimum
of 100 feet from all property lines.
(3) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(4) Outdoor storage shall be permitted in the rear yard of the primary structure and
shall be screened from view of adjacent properties.
5.13.12 Greenhouses with On Premise Sales
(A) General Standards for Evaluation
(1) If located in an AR (Agricultural Residential) zoning district, the minimum lot size
shall be 3 acres, unless permitted as an ASE-CZ.
(2) If located in an AR (Agricultural Residential) zoning district, outdoor storage shall
be located in the side or rear yards and shall be setback a minimum of 100 feet
from the property line.
5.13.13 Meat Processing Facility, Community
(A) General Standards for Evaluation
(1) If located in an RB or AR zoning district, facility shall be located on the bona fide
farm of one of the cooperative farm partners.
(2) The building shall not exceed 10,000 square feet in size.
(3) If located adjacent to residentially zoned property, all buildings, outdoor storage
areas, and animal pens shall be located a minimum of 100 feet from the property
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Section 5.13: Standards for Agricultural Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-121
line.
(4) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(5) In addition to the application materials required in Section x.x.xx, the following
shall also be required:
(a) The number of location of participating cooperative farm partners.
(b) Number of employees, if any.
(c) Frequency and hours of operation.
5.13.14 Meat Processing Facility, Regional
(A) Standards for Class A Special Use Permit or ASE-CZ Zoning District
(1) The minimum lot size shall be 15 acres.
(2) If located adjacent to residentially zoned property, all buildings, outdoor storage
areas, and animal pens shall be located a minimum of 300 feet from the property
line.
(3) Outdoor storage of products shall be permitted in the rear yard of the primary
structure and shall be screened from view of adjacent properties.
(4) Site shall have direct access to 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) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
5.13.15 Non-Farm Use of Farm Equipment
(A) General Standards for Evaluation
(1) Use shall be located on a bona fide farm.
(2) Equipment shall be screened from view from adjacent properties and road(s).
(3) Outdoor storage of materials such as gravel, dirt, or plants shall be limited in both
area and duration.
(4) On-site retail sales shall not be permitted.
5.13.16 Riding Stables, Commercial 25
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts
(1) Submittal Requirements –
In addition to the information required by Sections 2.7 or 2.9, as applicable, the
following information shall be supplied as part of the application for approval of
this use:
(a) Plans for all barns, boarding facilities, exercise yards, riding arenas, 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 –
25 Language shown in black text (existing) is proposed to be moved from existing Section 5.6.6.
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Article 5: Uses
Section 5.14: Standards for Manufacturing, Assembly & Processing
Orange County, North Carolina – Unified Development Ordinance Page 5-122
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the riding stable. Minimum lot size: 5 acres for up to 10 horses,
increasing by ½ acre for each horse over 10.
(b) No part of any building, structure, exercise yard, or riding arena, 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
facility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a
building.
(c) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and boarding facilities.
(d) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth within this Ordinance.
5.13.17 Stockyards / Livestock Markets
(A) General Standards for Evaluation
(1) The minimum lot size shall be 10 acres.
(2) Site shall have direct access to 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) All structures, facilities, storage areas, and parking areas shall be setback a
minimum of 100 feet from all property lines.
(4) Parking area(s) shall include sufficient space for parking and maneuvering trucks
and stock trailers.
(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) All unpaved areas shall be maintained in a manner which prevents dust from
adversely impacting adjacent properties.
(7) If located adjacent to residentially zoned property, all animal pens shall be
located a minimum of 300 feet from the property line.
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
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Section 5.15: Standards for Automotive/Transportation Related Uses
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(1) If located in the RB and AR zoning districts, 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.
5.14.3 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 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.
5.14.4 Winery, production only
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located in the RB and AR zoning districts, 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.
SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED
USES
5.15.1 Motor Vehicle Sales / Rental (New & Used) in the NC-2 Zoning District
(A) Standards for the NC-2 Zoning District
(1) This use shall only be permitted within the Commercial Transition Activity or
Commercial-Industrial Transition Activity Node land use classifications, as
designated on the Land Use Element Map of the adopted Comprehensive Plan.
(2) The site shall have direct access onto a State maintained roadway.
(3) A maximum of 12 cars may be stored or displayed on-site.
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Article 5: Uses
Section 5.16: Standards for Medical Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-124
SECTION 5.16: STANDARDS FOR MEDICAL USES
5.16.1 Veterinary Clinic
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR 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.
5.16.2 Veterinary Clinic, mobile
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR and R-1 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 obser ved.
(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.
5.16.3 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.
SECTION 5.17: STANDARDS FOR MISCELLANEOUS USES
5.17.1 Churches
(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
5.17.2 Community Center
(A) Standards for Class B Special Use Permit
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Article 5: Uses
Section 5.17: Standards for Miscellaneous Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-133
(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.
5.17.7 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 the RB or AR zoning districts shall be 5,000
square feet.
5.17.8 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:
(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.
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Section 5.17: Standards for Miscellaneous Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-134
(5) Events permitted by right in the RB, AR, 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.
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Article 6: Development Standards
Section 6.2: Lot & Building Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-2
(1) Minimum lot area, lot width, and setback requirements as specified in Article 3 of
this Ordinance may be reduced for lots created as part of a Flexible Development
subdivision as provided in Section 7.13 of this Ordinance.
(C) Flag Lots
(1) Flag lots as defined in Article 10 are accommodated for as provided in Section
7.7 of this Ordinance.
6.2.3 Clustering
(A) UNIV-CA & UNIV – PW Watershed Protection Overlay Districts
(1) Clustering of residential lots is permitted in accordance with Section 7.12 of this
Ordinance.
(2) Each lot shall contain a minimum of one acre.
(B) All Other Overlay Districts
Clustering of residential lots is permitted in accordance with Section 7.13 of this
Ordinance.
6.2.4 Irregular Lots
Any irregular lot of record at the time these regulations became effective may be subdivided in
compliance with applicable subdivision regulations and improvement requirements, to create
additional regular lots, provided that such lots meet all requirements of the district and that no
residual substandard lots remain as a result of such action.
6.2.5 Principal Uses
There shall be no more than one principal use on any zoning lot except where:
(A) Permitted as a CU District or CZ District; or
(B) The parcel is located within an Economic Development District, Commercial Transition
Activity Node, Commercial-Industrial Transition Activity Node, Rural Neighborhood
Activity Node, or Rural Community Activity Node, as designated by the Comprehensive
Plan; or
(C) The parcel is less than 2 acres in size, and non-residential multiple uses are proposed
within a single principal structure; or
(D) One of the uses is an unstaffed telecommunications tower subject to a year-to-year or
other short term lease; or
(E) The use(s) is/are marked with ^ in the Table of Permitted Uses (Section 5.2.1) and is/are
located on a bona fide farm.
6.2.6 Principal Structures
(A) Residential
(1) There shall be no more than one principal structure permitted on any residential
zoning lot, with the exception of the following:
(a) Multi-family developments which have received approval as a CU District
or CZ District, or
(b) Temporary use of mobile homes for custodial care approved in
accordance with the provisions of Section 5.4.4(B), or
(c) During the installation or construction of a permanent unit on the same
lot, as provided in Section 5.4.4 of this Ordinance, or
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Article 6: Development Standards
Section 6.2: Lot & Building Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-3
(d) Duplexes, on lots that have twice the required lot area of the zoning
district.
(B) Non-Residential
(1) There shall be no more than one principal structure permitted by right on any
non-residential zoning lot greater than two acres in size, unless:
(a) pPermitted as a CU District or CZ District, or
(b) tThe zoning lot is located within an Economic Development District,
Commercial Transition Activity Node, Commercial-Industrial Transition
Activity Node, Rural Neighborhood Activity Node, or Rural Community
Activity Node, as designated by the Comprehensive Plan.; or
(c) The structure(s) is/are located on a bona fide farm and is/are utilized for
a use(s) that is/are marked with ^ in the Table of Permitted Uses (Section
5.2.1).
6.2.7 Corner Lot Setback on the Side Street
Any corner lot of record in a residential zoning district abutting a side street shall meet the
minimum required setbacks of the zoning district in which it is located; provided, however, that
this requirement does not reduce the width of area suitable for building to less than 25 feet.
Figure 6.2.7: Corner Lot Setbacks on Side Street
6.2.8 Additional Setbacks Required in for Non-Residential Lots Abutting Residential Zoning
Districts
In all non-residential zoning districts, except I-1, I-2, I-3, and EI, 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.
6.2.9 Permitted Projections Into Required Open Space
(A) Certain architectural features, such as cornices, eaves and gutters, may project into the
required open space as follows:
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Article 6: Development Standards
Section 6.4: Performance Standards
Orange County, North Carolina – Unified Development Ordinance Page 6-15
The following general provisions are applicable to MPD-CZ applications and each
permitted use, special use, accessory use, and conditional use in Economic
Development Districts:
(1) All uses and activities must provide secure, safe, and sanitary facilities for the
storage and pickup of solid waste and recyclables. Such facilities must be
convenient to collection and must be appropriate to the type and size of use or
activity being served.
(2) All solid waste and recyclables storage facilities must be screened in accordance
with Sections 6.4 and 6.8. of this Ordinance.
(3) All uses and activities must remove recyclable materials from the solid waste
generated and make them available for recycling. Recyclable materials,
consisting of glass, metal cans, plastic containers, corrugated cardboard and
white office paper, newspapers, and motor oil, must not be mixed with or
disposed of with other solid waste.
(4) All uses and activities shall remove or cause to be removed all solid wastes from
the site or property before harborage of such waste creates a health hazard.
(5) Each Master Plan and site plan must be accompanied by Solid Waste
Management Plan, including a recycling plan and a plan for the management of
construction and land clearing debris. The recycling plan must provide
information regarding the type and quantity of recyclable materials generated
each month, and the facilities to be provided for collection and storage.
Management plans for construction and land clearing debris must identify the
type and quantity of debris as well as its disposal location.
6.4.10 Service & Outdoor Storage
(A) General Standards
(1) Building service and loading areas must be conveniently located and accessible
for normal service and maintenance needs, including the provision of adequate
turning radii and parking areas for service vehicles. Such areas are to be located
at the side or rear of the principal building(s), and designed so that all service
and loading operations occur within the confines of the building site.
(2) Outdoor storage shall be located only to the side and rear of a building. No
outdoor storage is permitted to the front of a building.
(3) If located adjacent to residentially zoned property, outside storage areas shall be
screened from view of the residentially zoned property and shall be located a
minimum of 100 feet from the property line.26
(B) Additional Standards in Economic Development Districts
(1) Exterior storage for materials, supplies, and equipment may only be located at
the side or rear of a building and only in totally enclosed screened areas. Exterior
storage areas must never be located to the front of any building unless screened
from view through the use of fencing, walls and/or landscaping, in accordance
with Section 6.8 of this Ordinance.
26 While not only related to ASE uses, staff is suggesting the language regarding outdoor storage be included at this
time because it is a direction Orange County has been going for several years in regards to outdoor storage areas.
Staff is specifically noting that including the language in this section will make it apply in all commercial, industrial,
economic development, and conditional districts (See 6.4.1(B)). If not included as part of this amendment
package, additional standards (Article 5) may need to be added for some uses.
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Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
Orange County, North Carolina – Unified Development Ordinance Page 6-43
(2) The Planning Director may conduct inspections to monitor the health and status
of the required landscaping.
6.8.6 Land Use Buffers
(A) Purpose
Land use buffers are intended to screen and buffer lower intensity/density uses from
incompatible higher intensity/density land uses. Buffers reduce adverse visual effects, as
well as noise, dust, and odor.
(B) Applicability
Land use buffers will be required based on the zoning district of the proposed use and
the zoning district of the adjacent uses.
(C) Location
(1) Required land use buffers shall be located along the interior or street lot lines
nearest the adjacent streets, land uses and/or zoning designations. Buffers shall
not be located on any portion of an existing or proposed street right of way,
drainage or utility easement.
(2) No building or structure of any type shall be erected, constructed or installed in a
required land use buffer.
(D) Land Use Buffer Table
TABLE 6.8.6.D: LAND USE BUFFERS
ZONING OR USE OF ADJACENT PROPERTIES
RB
,
AR
,
RI
R-
2,
R-
3
R-
4,
R-
5
R-
8,
R-
13
MH
P
-CZ
O/
I,
NC
-2,
LC
-1
CC
-3,
G
C
-4,
EC
-
5
EI
,
I-
1,
I-
2,
I-
3,
PI
D
INT
E
R
S
T
A
T
E
HIG
H
W
A
Y
ART
E
R
I
A
L
STR
E
E
T
COL
L
E
C
T
O
R
STR
E
E
T
ACT
I
V
E
FAR
M
/
AGR
I
C
U
L
T
U
R
E
Zo
n
i
n
g
o
r
U
s
e
o
f
S
u
b
j
e
c
t
P
r
o
p
e
r
t
y
RB, AR, R1 - A A B F E F F F E B B
R-2 & R-3 A - A B F D F F F D B B
R-4 & R-5 A A - B F C E E F C B B
R-8 & R-13 B B B - F B D D F C B B
MHP-CZ F F F F - F F F F F F F
O/I, NC-2,
LC-1 E D C B F - - - F B B D
CC-3, GC-4,
EC-5 F F E D F - - - F B B D
EI, I-1, I-2, I-3,
PID F F E E F - - - F B B D
AS, ASE-CZ 27 D A A A F A A A F B B B
Note: MPD-CZ buffers to be determined at time of approval.
(E) Natural Buffers
27 The AS zoning district does not currently appear on this chart. Staff is suggesting the AS zoning district be added
to the chart to require that property zoned AS is also required to provide a buffer.
153
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
Orange County, North Carolina – Unified Development Ordinance Page 6-44
(1) If there is existing, healthy, natural vegetation in the area of a required buffer, it
must be preserved. If the vegetation is removed for any reason, other than in
accordance with an approved landscape and tree preservation plan, the
dimensions of the buffer shall be increased 50% and the number of required
plantings shall be increased 50%.
(2) The critical root zones of trees within the buffer must be protected if the applicant
seeks credit for preservation of existing trees. For example, if a required buffer
has a dimensional width of 30 feet, and the critical root zone extends beyond the
30 feet, the buffer will be extended to the edge of the critical root zone in the area
around the tree.
(3) If necessary, a natural buffer will be supplemented with additional plantings in
order to meet the Constructed Buffers standards established herein.
(F) Constructed Buffers
(1) If existing plantings are not sufficient to meet the buffer standards established in
this Section, additional plantings shall be installed.
(2) The plant units listed below will be considered comparable, and therefore
interchangeable, as set forth below.
(3) Option 2, Deciduous, shall not be permitted when the proposed use is non-
residential and is proposed next to a residential district or use, unless employed
with a wall, as set forth herein.
TABLE 6.8.6.F: BUFFER TYPES
BUFFER
TYPE
MINIMUM
WIDTH
OPTION 1
MIXED
OPTION 2
DECIDUOUS
OPTION 3
EVERGREEN
OPTION 4
OVERHEAD UTILITY
Plant Material Required Per 100 Linear Feet
A 20
1 Canopy Tree
0 Evergreen Tree
1 Deciduous
Understory
2 Evergreen
Understory
13 Shrubs Tree
2 Canopy Tree
0 Evergreen Tree
2 Deciduous
Understory
0 Evergreen
Understory
12 Shrubs Tree
0 Canopy Tree
2 Evergreen Tree
0 Deciduous
Understory
3 Evergreen
Understory
13 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
3 Deciduous
Understory
2 Evergreen
Understory
10 Shrubs Tree
B 30
1 Canopy Tree
0 Evergreen Tree
1 Deciduous
Understory
2 Evergreen
Understory
13 Shrubs Tree
2 Canopy Tree
0 Evergreen Tree
2 Deciduous
Understory
0 Evergreen
Understory
12 Shrubs Tree
0 Canopy Tree
2 Evergreen Tree
0 Deciduous
Understory
3 Evergreen
Understory
13 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
3 Deciduous
Understory
2 Evergreen
Understory
10 Shrubs Tree
C 40
3 Canopy Tree
1 Evergreen Tree
2 Deciduous
Understory
5 Evergreen
Understory
40 Shrubs Tree
3 Canopy Tree
1 Evergreen Tree
2 Deciduous
Understory
5 Evergreen
Understory
40 Shrubs Tree
0 Canopy Tree
4Evergreen Tree
0 Deciduous
Understory
9 Evergreen
Understory
38 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
7 Deciduous
Understory
5 Evergreen
Understory
30 Shrubs Tree
D 50
6 Canopy Tree
1 Evergreen Tree
4 Deciduous
Understory
9 Evergreen
Understory
70 Shrubs Tree
7 Canopy Tree
0 Evergreen Tree
10 Deciduous
Understory
0 Evergreen
Understory
67 Shrubs Tree
0 Canopy Tree
7 Evergreen Tree
0 Deciduous
Understory
16 Evergreen
Understory
68 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
12 Deciduous
Understory
9 Evergreen
Understory
53 Shrubs Tree
154
Article 6: Development Standards
Section 6.8: Landscaping, Buffers & Tree Protection
Orange County, North Carolina – Unified Development Ordinance Page 6-45
TABLE 6.8.6.F: BUFFER TYPES
BUFFER
TYPE
MINIMUM
WIDTH
OPTION 1
MIXED
OPTION 2
DECIDUOUS
OPTION 3
EVERGREEN
OPTION 4
OVERHEAD UTILITY
Plant Material Required Per 100 Linear Feet
E 75
6 Canopy Tree
1 Evergreen Tree
4 Deciduous
Understory
10 Evergreen
Understory
77 Shrubs Tree
8 Canopy Tree
0 Evergreen Tree
11 Deciduous
Understory
0 Evergreen
Understory
73 Shrubs Tree
0 Canopy Tree
8 Evergreen Tree
0 Deciduous
Understory
17 Evergreen
Understory
74 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
13 Deciduous
Understory
10 Evergreen
Understory
58 Shrubs Tree
F 100
7 Canopy Tree
1 Evergreen Tree
5 Deciduous
Understory
12 Evergreen
Understory
85 Shrubs Tree
10 Canopy Tree
0 Evergreen Tree
13 Deciduous
Understory
0 Evergreen
Understory
80 Shrubs Tree
0 Canopy Tree
10 Evergreen Tree
0 Deciduous
Understory
20 Evergreen
Understory
83 Shrubs Tree
0 Canopy Tree
0 Evergreen Tree
16 Deciduous
Understory
12 Evergreen
Understory
65 Shrubs Tree
6.8.7 Planting Requirements
(A) Street Trees
(1) Street trees shall be required at the rate of one canopy tree and one understory,
either deciduous or evergreen, tree for every 65 feet of street frontage along
existing and proposed public and private streets, not including alleys.
(2) To enhance the natural appearance in the rural areas of the County, canopy and
understory trees shall be planted, and clustering is encouraged. However, there
must be at least one tree every 100 feet of street frontage.
(3) In all developments subject to the provisions of this section, the developer shall
either retain or plant trees within the front yard setback along all existing and
proposed street frontages, public and private, except for alleys.
(4) If a conflict exists with public utilities, alternate plantings consisting of a greater
number of understory trees will be permitted.
(5) Street trees shall be of a species included on the Planning Director’s list of
acceptable street tree species.
(B) Between Lot Plantings
(1) Where a land use buffer is not required, a landscape area ten feet in width
exclusive of drainage and/or utility easements shall be provided along the interior
side and rear lot lines of each lot being developed. If there are no existing trees,
the developer shall provide a minimum of one tree per one thousand square feet
of land contained within the ten foot landscape area.
155
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-56
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, Seed, Storage and Processing Mill One space per employee on shift of maximum employment
Commercial Feeder Operation 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
Teaching Farm One space per employee plus one space per student
CHILD CARE AND EDUCATIONAL FACILITIES
Child Care Facilities One space per staff member and one space per five children
Daycare Center in a Residence One space per staff member and one space per five children
Schools: Elementary, Middle & Secondary
One space per staff member
One space per staff member and
One space per four students
Schools: Vocational One space per two students
Schools: Dance, Art & Music 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
COMMERCIAL USES
Adult Uses One space per 200 square feet of gross floor area
Banks & Financial Institutions One space per 200 square feet of gross floor area; plus five stacking
spaces per drive-in window
Beauty & Barber Shops One space per 200 square feet
Country Store One space per 300 square feet of gross floor area
Drive-In Theaters no requirement
Funeral Homes One space per four seats
Garden Center with On Premise Sales One space per 300 square feet of gross floor area
Greenhouses (No On Premises Sales) One space per employee on shift of maximum employment
Greenhouses (On Premises Sales) One space per 400 square feet of gross floor area
156
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-57
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Hotels, Motels, Motor Lodges One space per lodging unit, plus one space per employee
Junkyards One space per employee on shift of maximum employment
Kennels/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 Events 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 1 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
Repair Services: 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 &
Breakfast Inn
One space per guest room, plus one space per employee, plus two
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)
Storage & 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 Events 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
GOVERNMENTAL USE
Governmental Protective Services One space per employee on the shift of maximum employment
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
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Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-58
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
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
MEDICAL USES
Animal Veterinary Hospitals; Veterinarians One space per 200 square feet of gross floor area
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
Veterinary Clinic One space per employee plus one space per 300 square feet of
gross floor area
Veterinary Clinic, mobile One space per employee
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
Swimming Pool One space per 140 square feet
Tennis, squash, Handball or Racquet Ball
Court Two spaces for every court
RESIDENTIAL USES
158
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-59
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
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
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
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
UTILITIES
Public Utility Stations & Substations,
Pumping Stations, Switching Stations,
Telephone Exchanges
no requirement
Radio & Television Transmitting & Receiving
Towers, Water Treatment & Sanitary
Sewage Treatment Plants, Elevated Water
Storage Tanks
no requirement
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
159
Article 6: Development Standards
Section 6.9: Parking, Loading & Circulation
Orange County, North Carolina – Unified Development Ordinance Page 6-60
TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS
USE MINIMUM PARKING REQUIREMENTS
Cemetery no requirement
Church One space per four seats
Clubs or Lodges, Social One space per three members
Community Center One space per 400 square feet of gross floor area
Crematoria One space per employee
Research Facility 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.
(2) Wheel stops or curbs may be required to prevent encroachment on pedestrian
ways and/or landscaping.
160
DEFINITIONS
Related to Agricultural Support Enterprises
In an effort to minimize the number of pages for the amendment package, relevant
definitions have been extracted from the UDO and proposed new definitions are listed
as a group. After approval, the definitions will be inserted alphabetically into Article 10
of the UDO.
Revised Definitions of Existing Terms:
Commercial Feeder Operation 1
An intensive animal raising operation that takes place within a building. None of the feed is produced on
the tract, and the processing is fully or partly automated.
Riding Stable, Commercial
A commercial facility where horses are sheltered, fed, groomed, boarded, trained, ridden, or bred.
Typical accessory uses may include riding instruction, horse shows and auctions, a tack shop, and
storage of feed and supplies. The operator of a riding stable shall be allowed to reside on the property to
ensure the continuous care of the animals kept on-site. 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. The operator of a commercial stable may reside on the property to ensure the
continuous care of animals kept on the site.
Proposed Definitions for New Terms:
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
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.
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.
Cold Storage Facility
A facility used to warehouse perishable foods and products prior to transport.
1 This is considered a bona fide farm operation under State Statutes and cannot be regulated with zoning so staff is
suggesting it be deleted from the UDO.
161
Community Farmers’ Market
An enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats,
commodities, plants, crafts, etc. For the purpose of this definition, “local” means Orange County and
counties that share a border with Orange County.
Composting Operation
A facility designed and used for transforming food, yard waste and other organic material into soil or
fertilizer through biological decomposition. This does not include backyard composting bins serving
individual families.
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, located on a bona fide farm, 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.
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. A commercial stable may be included on the site.
Farm Equipment, Non-Farm Use
Commercial use of the farm equipment owned/leased by, and stored on, a bona fide farm non-farming
activities away from the 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.
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
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
162
facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing
holes and swimming facilities.
Meat Processing Facility, Community
A smaller scale facility, located on a bona fide farm, 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.
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 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.
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.
Stockyard / Livestock Market
A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may
include enclosed pavilions, grandstands, paddocks, and stalls.
Taxidermy
The practice of preparing and preserving the skins of animals and of stuffing and mounting them in lifelike
form.
163
Veterinary Clinic
A facility staffed by at least one licensed veterinarian for the care and treatment of large and/or small
animals. Such facilities may include grooming and short-term boarding as incidental uses.
Veterinary Clinic, mobile
A mobile medical facility staffed by one or more licensed veterinarians to provide care, diagnosis, and
treatment of animals in need of medical or surgical attention.
Veterinary Hospital
A facility staffed by at least one licensed veterinarian for the specialized treatment of large and/or small
animals. Said facilities may provide emergency medical services during and outside of normal business
hours. Overnight care may be provided when it is necessary for the medical treatment of the animal.
Winery, production only
A facility utilized for making wines 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.
Winery with Minor Events
A facility utilized for making wines 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.
Winery with Major Events
A facility utilized for making wines 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.
Relevant Existing Terms, no changes proposed:
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.
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.
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
164
The use of land meeting the criteria for “Farm” as defined by the State of North Carolina in the General
Statutes.
Garden Center
Retail sales operation providing lawn and garden supplies and small equipment rental primarily for home
landscaping. Typical products include, but not limited to, decorative stone, garden ornaments, decorative
pots, container plant stock, and bagged or bulk sand, mulch and topsoil. Seasonal sales such as
Christmas trees, pumpkins and flowers are permitted in the outdoor display area.
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.
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)
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2030 COMPREHENSIVE PLAN AMENDMENTS
166
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-1
Appendix F. Relationships Between Land Use
Classifications and Zoning Districts
Per the Orange County Unified Development Ordinance, zoning districts are applied
to Land Use classifications and overlays in accordance with this appendix . A matrix
is provided at the end of this appendix that links the zoning districts to the land
use classifications and overlays listed.
TRANSITION LAND USE CLASSIFICATIONS
CHAPEL HILL AND CARRBORO TRANSITION
On November 2, 1987, a Joint Planning Agreement was adopted by Orange County
and the Towns of Chapel Hill and Carrboro. The Agreement became effective on
November 14, 1988, following the adoption, by Orange County, of zoning plans
prepared by the two municipalities for their respective Transition Areas. The
applied zoning districts are those contained in the Chapel Hill Land Development
Ordinance and the Carrboro Land Use Ordinance, and are consistent with the land
use plan categories contained in the Orange County Chapel Hill Carrboro Joint
Planning Land Use Plan. Reference should be made to the appropriate municipal
ordinance and zoning map for a description of the districts and applicable
development standards. Under the terms of the Joint Planning Agreement, the
Towns of Chapel Hill and Carrboro are responsible for permit administration within
their respective Transition Areas.
10-YEAR TRANSITION
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. Non-residential uses implemented
in accordance with small area plans and/or overlay districts may be appropriate.
The applied zoning districts include: R-1 (Rural Residential); R -2 (Low Intensity
Residential), R-3 (Medium Intensity Residential), and R-4 (Medium Intensity
Residential); and R-5 (High Intensity Residential), R -8 (High Intensity Residential),
and R-13 (High Intensity Residential) residential uses, and Zoning Overlay Districts.
20-YEAR TRANSITION
Identifies areas changing from rural to urban in form and density. All densities of
residential development would be appropriate. The applied zoning districts
include: R-1 (Rural Residential); R-2 (Low Intensity Residential), R-3 (Medium
Intensity Residential), and R-4 (Medium Intensity Residential); and R-5 (High
Intensity Residential), R-8 (High Intensity Residential), and R-13 (High Intensity
Residential) residential uses.
COMMERCIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
intensities of commercial development would be appropriate. The applied zoning
districts include: LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
(Community Commercial); GC-4 (General Commercial); and O/I (Office/
Institutional).
COMMERCIAL-INDUSTRIAL TRANSITION ACTIVITY NODE
Identifies areas changing from rural to urban in form and density. A full range of
commercial and industrial activities would be appropriate and allowed. The applied
zoning districts include: I-1 (Light Industrial); I-2 (Medium Industrial); I-3 (Heavy
167
Appendix F: Land Use and Zoning Matrix
Orange County Comprehensive Plan Page F-2
Industrial); LC-1 (Local Commercial); NC-2 (Neighborhood Commercial); CC-3
(Community Commercial); GC-4 (General Commercial); and O/I (Office/Institutional).
ECONOMIC DEVELOPMENT TRANSITION ACTIVITY NODE
Identifies areas along major transportation corridors that may be in proximity to 10-
Year or 20-Year Transition areas of the County which have been specifically targeted
for economic development activity, consisting of light industrial, distribution, flex
space, office, and service/retail uses. Such areas are located adjacent to interstate
and major arterial highways, and subject to special design criteria and performance
standards. The applied zoning districts are EDB-1 (Economic Development Buckhorn
Lower Intensity), EDB-2 (Economic Development Buckhorn Higher Intensity), EDE-
1(Economic Development Eno Lower Intensity), EDE-2 (Economic Development Eno
Higher Intensity), EDH-1 (Economic Development Hillsborough Linear Office), EDH-2
(Economic Development Hillsborough Limited Office), EDH-3 (Economic
Development Hillsborough Limited Office with Residential), EDH-4 (Economic
Development Hillsborough Office), EDH-5 (Economic Development Hillsborough
Office/Flex).
RURAL LAND USE CLASSIFICATIONS
RURAL BUFFER
Only very low density residential and agricultural uses are appropriate in the Rural
Buffer. The applied zoning district is RB (Rural Buffer).
RURAL RESIDENTIAL
Identifies rural areas to be developed as low intensity and low density residential.
The applied zoning district is R-1 (Rural Residential).
AGRICULTURAL RESIDENTIAL
Agricultural activities and associated residential and commercial uses predominate.
The applied zoning districts reflect this primary land use and include: AR
(Agricultural Residential) and AS (Agricultural Services).
RURAL COMMUNITY ACTIVITY NODE
Identifies rural crossroads communities throughout the County where small scale
commercial activities serving the community and surrounding area are appropriate.
The applied zoning districts include: LC-1 (Local Commercial) and NC-2
(Neighborhood Commercial).
RURAL NEIGHBORHOOD ACTIVITY NODE.
Identifies areas in the County where small scale commercial uses serving the
population in the surrounding area are appropriate. The applied zoning districts
include: LC-1 (Local Commercial) and NC-2 (Neighborhood Commercial).
RURAL INDUSTRIAL ACTIVITY NODE
Identifies rural areas in the County where small scale industrial activities would be
appropriate. The applied zoning district is I-1 (Light Industrial).
OVERLAYS
PUBLIC INTEREST AREA
These lands are considered valuable for recreational and research purposes and are
afforded special treatment. The applied zoning district is PID (Public Interest
District).
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ZONING DISTRICTS
RB
AR
R-
1
R-
2
R-
3
,
R-
4
R-
5
,
R
-
8
,
R-
1
3
LC
-
1
NC
-2
CC
-3
GC
-
4
EC
-
5
0/I
I-
1
I-
2
I-
3
EI
ED
B
-
1
,
E
D
B
-
2
,
E
DE
-
1
,
ED
E
-
2
,
E
D
H
-
1
,
ED
H
-
2
,
ED
H
-
3
,
E
D
H
-
4,
ED
H
-
5
AS
Spec
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Z
o
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in
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O
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r
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a
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Dis
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PI
D
AS
E
-CZ
MP
D
-CZ
MH
P
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C
Z
Land Use Classifications &
Overlays
Tr
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s
i
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i
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Chapel Hill Transition Permit Administration by Municipalities under the provisions of the Joint Planning Agreement-
Contact appropriate Municipality for applicable Zoning Standards Carrboro Transition
10-Year Transition ♦ ♦ ♦ ♦ ♦ ♦ ♦
20-Year Transitio n ♦ ♦ ♦ ♦ ♦ ♦
Commercial Transition
Activ ity Node ♦ ♦ ♦ ♦ ♦ ♦ ♦
Co mmercial-Industrial
Transition Activ ity Node
♦
♦
♦
♦
♦
♦
♦
♦ ♦ ♦
Ec ono mic Dev elopment
Transitio n Activ ity Node
♦ ♦
Rural
Rural Buffer ♦ ♦ ♦
Rural Residential ♦ ♦ ♦
Agricultural Residential ♦ ♦ ♦ ♦
Rural Community Activity
Node
♦
♦ ♦ ♦
Rural Neig hborhood
Activity No de
♦
♦ ♦
Rural Indus trial Activ ity
No de
♦ ♦
Over
lay
Public Interest Area
♦
169