HomeMy WebLinkAboutORC agenda 070214ORANGE 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, July 2 , 2014
Ordinance Review Committee Meeting – 6:30 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 the next Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not
necessary for meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 3-18 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
NEIGHBORHOOD INFORMATION MEETING FOR SPECIAL USE PERMITS
To review and comment upon proposed revisions to the UDO to
require that a neighborhood information meeting be held at least 30
days prior to the public hearing for a Class A or Class B Special Use
Permit.
Presenter: Michael Harvey, Current Planning Supervisor
3. ADJOURNMENT
1
2
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 2, 2014
Action Agenda
Item No. 2
SUBJECT: UDO Text Amendment – Holding of Neighborhood Information Meetings for
Special Use Permit Applications
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Outline Form
(UDO & Zoning 2014-12)
2. Draft UDO Text Amendment
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon Planning Director initiated Unified Development
Ordinance (UDO) text amendments to require a Neighborhood Information Meeting (NIM) for all
Special Use Permit applications.
BACKGROUND: Please see Section B of Attachment 1 for relevant information.
The “Amendment Outline Form” (Attachment 1) for these amendments was approved by the
BOCC at its June 17, 2014 regular meeting. This item is expected to be on the September 8,
2014 quarterly public hearing agenda.
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.
.
3
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2014-12
Require a Neighborhood Information Meeting for all Special Use Permit Applications.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 1. Section 2.7 Special Use Permits,
2. Section 2.9.1 (D) Neighborhood Information Meeting –
Conditional Use Districts, and
3. Section 5.10 Standards for Telecommunication Uses.
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 require a Neighborhood Information Meeting (NIM) be
held for all Special Use Permit (SUP) applications prior to the scheduling of a public
hearing. The proposal would also modify the timeline for the holding of a NIM for
Conditional Use applications.
Originally staff had anticipated amending existing NIM requirements for Conditional
Zoning District (CZD) applications, as detailed within Section 2.9.2 (D) of the UDO.
Staff determined, however, there was no need to revise existing timelines as CZD
applications are not reviewed through the quasi-judicial hearing process (i.e.
requiring sworn testimony and competent material evidence) and there was no need
to provide additional time to adjacent property owners to understand the review
process or prepare for the public hearing.
At the May 27, 2014 Quarterly Public Hearing several BOCC members expressed
concern over the lack notification/information on SUP applications in advance of a
scheduled public hearing.
The review of SUP applications are carried out in a quasi-judicial process requiring
the presentation of sworn, expert, testimony and competent material/substantial
evidence by both those in favor and in opposition to a given application. Decisions to
approve or deny an application are based on this evidence. Hearsay or
unsubstantiated opinions are not sufficient testimony. Currently, the SUP review
process requires adjacent property owners receive written notice of a public hearing,
via certified mail, a minimum of 15 days prior to a scheduled public hearing. Given
the complexity of the review process the concern is this is insufficient time to allow
for adjacent property owners to gather information, or secure the necessary experts,
to effectively participate in the review process.
At the public hearing staff recommended amending existing permit review processes
for SUP applications could be amended for future projects to require the holding of
the aforementioned meeting in an effort to inform local property owners of the project
and provide educational information on the nature of the proceedings, including detail
on what constitutes ‘competent material evidence and testimony’, and the required
findings that have to be made to issue a permit.
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 Orange County residents and property
owners are provided advanced notice of submitted SUP applications, have an
opportunity to review the project before a scheduled public hearing, obtain an
understanding of the required review and approval processes, and have sufficient
time to gather information and/or secure experts to aid them in the review of the
project.
5
3
It should be noted that the adding of the requirement for a NIM will add approximately
1 month to the review/approval process of all SUP applications.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6 – A land use planning process that is transparent, fair, open,
efficient, and responsive.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
June 17, 2014
b. Quarterly Public Hearing
September 8, 2014
c. BOCC Updates/Checkpoints
June 17, 2014 – BOCC members approve the legal advertisement for the
September 8, 2014 Quarterly Public Hearing.
STAFF COMMENT: the BOCC authorized staff to move forward with the
proposed amendments consistent with the timelines identified herein.
July 2, 2014 – Planning Board Ordinance Review Committee (ORC)
September 8, 2014 – Quarterly Public Hearing with this item on the agenda.
November 18, 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
6
4
a. Planning Board Review:
July 2, 2014 – Ordinance Review Committee (ORC).
October 1, 2014 – Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
Review of the proposal by the Town(s)
of Chapel Hill and Carrboro consistent
with the Joint Planning Agreement
(JPA) as the amendment will impact
projects in the Rural Buffer.
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.
The amendment will require that applicants absorb additional expenditures for
advertisement of the NIM (i.e. certified letters) for all SUP projects as well as their
attendance. The Orange County Fee Schedule will need to be amended to
incorporate these costs.
There will also be an increase in staff workload with respect to preparing, sending out
notices, and staffing the NIM potentially impacting Departmental budgetary outlays.
General Public:
Small Area Plan Workgroup:
Other: Staff will ask the County’s current telecommunication consultant to
review and comment on the amendments as they relate to our
telecom program.
This review is part of their existing contract with the County and will
not result in additional cost.
7
5
Staff is continuing to evaluate workload and needs as the process moves forward.
D. AMENDMENT IMPLICATIONS
The amendments are in response to concerns related to the processing of SUP
applications, specifically a lack of advance notification to local property owners/residents
of the project. These amendments are designed to promote additional notification of a
SUP project in advance of a scheduled public hearing and provide an opportunity for
local residents to comment on a project as well as receive an explanation on the SUP
review process.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2 the proposed language.
Primary Staff Contact:
Michael D. Harvey
Current Planning Supervisor
(919) 245-2597
mharvey@orangecountync.gov
8
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-17
(4) For Class A Special Uses 26 copies of the site plan, and for Class B Special
Uses 10 copies of the site plan, prepared by a registered North Carolina land
surveyor, landscape architect, architect, or engineer, which shall contain the
information listed in Section 2.5.
(5) If the application involves a Preliminary Subdivision Plat, 26 copies of the Plat
prepared in accordance with Section 7.14 shall be provided.
(6) A list of all parcels located within 500 feet of the subject parcel and the name and
address of each property owner, as currently listed in the Orange County tax
records.
(7) Elevations of all structures proposed to be used in the development.
(8) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of
the Environmental Assessment and/or Environmental Impact Statement, if
required by Section 6.16.
(9) Method of disposal of trees, limbs, stumps and construction debris associated
with the permitted activity, which shall be by some method other than open
burning.
(10) Statement from the applicant indicating the anticipated development schedule for
the build-out of the project.
(11) Statement from the applicant in justification of any request for vesting for a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
(D) The Planning Director shall not make a recommendation on the general findings detailed
within Section 5.3 of this Ordinance
2.7.5 Neighborhood Information Meeting
(A) Before a Public Hearing may be held on an accepted application for a Special Use, the
applicant is required to schedule, with the assistance of the Planning Department, a
minimum of one neighborhood information meeting. The purpose of the meeting is to
obtain surrounding property owner input and comments on the proposed development
project and allow staff an opportunity to explain the review process associated with the
request. 1
(B) The applicant shall obtain property owner mailing address information form the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
1 During the review of a Class A Special Use Permit application at the May 27, 2014 Quarterly Public Hearing (QPH)
it was suggested there should be a neighborhood information meeting held prior to the public hearing to allow the
developer to explain the project to surrounding property owners as well as allow staff to review the process by
which Special Use Permits are processed (i.e. quasi‐judicial hearing procedures). This amendment will address the
concern(s) expressed by BOCC and Planning Board members during the May QPH.
9
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-18
shall mail certified notices of the meeting date and time to each property owner within
500 feet of the property for which a Special Use has been requested.
(C) The notices shall be mailed a minimum of 14 days prior to the date of the proposed
neighborhood information meeting.
(D) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
(E) The meeting shall be held a minimum of 30 days prior to the date of the Public Hearing
where the application is scheduled for review and public comment.2
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
2.7.52.7.6 Notice Requirements for Class A Special Use Permits
(A) The Planning Director shall give public notice of the date, time and place of the public
hearing to be held to receive comments, testimony and exhibits pertaining to the
application for a Special Use.
(B) Such notice shall be published in a newspaper of general circulation in Orange County
once a week for two successive weeks, with the first notice to be published not less than
ten days nor more than 25 days prior to the date of the 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.
(C) The Planning Director shall post on the affected property a notice of the public hearing at
least ten days prior to the date of said hearing.
(D) Written notice shall be sent by certified mail to all adjacent property owners not less than
15 days before the hearing date. Adjacent property owners are those whose property
lies within five hundred feet of the affected property and whose names and addresses are
currently listed in the Orange County tax records.
2.7.62.7.7 Notice Requirements for Class B Special Use Permits
Notice Requirements for Class B Special Use Permits shall follow the procedures in Section
2.12.6.
2.7.72.7.8 Nature of Proceedings
(A) The review of Special Use Permit applications shall be conducted during a public hearing
by the decision-making board.
(B) The review of a Special Use Permit application is a quasi-judicial process, where the
Board responsible for rendering a decision acts much like a panel of judges. The Board
hears factual evidence and sworn testimony presented at an evidentiary hearing, and
then makes findings of fact supported by competent, substantial, and material evidence.
(C) The chair or presiding officer of the hearing shall swear all parties intending to present
evidence or testimony during the hearing.
(D) The chair or presiding officer may take whatever action is necessary to limit testimony to
the presentation of new factual evidence that is material to the application, to ensure fair
and orderly proceedings, and to otherwise promote the efficient and effective gathering of
evidence. Such actions may include:
(1) Barring the presentation of obvious hearsay evidence,
2 Typically, neighborhood information meetings are required to occur 14 days prior to a public hearing. Staff is
recommending 30 days to ensure there is adequate time for adjacent property owners/residents to receive
information related to the quasi‐judicial review process and secure the necessary experts to argue for/against a
specific project.
10
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-26
(C) Text amendments to this Ordinance for stormwater provisions shall comply with the
requirements in effect for any other text amendment.
SECTION 2.9: CONDITIONAL DISTRICTS
2.9.1 Conditional Use District (CUD)
(A) Generally
(1) Any use permitted under the CUD process shall conform to all applicable
development regulations for the corresponding general use zoning district as well
as any specific development standards outlined within this Ordinance.
(2) The Board of County Commissioners, in reviewing a CUD application, may
impose such reasonable conditions upon approval of a CUD request as will
afford protection of the public health, safety, and general welfare, ensure that
substantial justice is done, and ensure equitable treatment.
(3) Only those conditions mutually agreed to by the applicant and the Board of
County Commissioners may be imposed on a CUD application.
(4) Within the Economic Development Districts (EDDs), there are specific uses that
require approval of a CUD. These uses are noted on the Table of Permitted
Uses – Economic Development Districts (Section 5.2).
(B) Applications
Applications to establish a CUD shall be submitted to the Planning Director and shall be
processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Class A Special Use Permit (Section 2.7), and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CUD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5
including the following:
(i) A detailed description of the proposed use of property including
an outline of the proposed operational characteristics of the
proposed development,
(ii) A detailed traffic survey, regardless of the estimated number of
trips per day, prepared in accordance with all applicable North
Carolina Department of Transportation (NC DOT) requirements
or standards as well as Section 6.17 of this Ordinance,
(iii) The appropriate environmental document prepared in
accordance with Section 6.16; and
(iv) A landscape plan showing the location of on-site significant
trees; proposed screening, buffers, and landscaping; and any
proposed treatment of any existing natural features.
(b) A summary of utility services, including processing of wastewater.
(c) A schedule of construction of all elements of the proposal; and
(d) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
11
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-27
(2) 26 copies of the application package required in (1) above shall be submitted by
the applicant.
(3) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CUD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CUD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Land Records departmentPlanning Department 3 and shall mail
certified notices of the meeting date and time to each property owner within 500
feet of the property for which a CUD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The applicant shall post a sign on the property advertising the date, place, and
time of the meeting a minimum of 10 days prior to the date of the meeting.4
(4)(5) The Neighborhood Information Meeting shall be held a minimum of 14 30 5 days
prior to the date of the Public Hearing where the application is scheduled for
review and public comment.
(E) Review and Evaluation of Application
(1) All CUD applications shall be reviewed and acted upon in accordance with the
review procedures for Class A Special Use Permits (Section 2.7).
(2) The following shall be considered when evaluating an application for a CUD:
(a) The policies and objectives of the Orange County Comprehensive Plan,
particularly in relation to the use, proposed site, and surrounding area;
(b) The policies and objectives of any adopted Small Area Plan(s) relating to
the area; and
(c) The potential impacts to the surrounding area including, but not limited,
to: traffic, storm water drainage, compatibility of land use activities, and
land values.
(3) The Board of County Commissioners may attach reasonable and appropriate
conditions to the location, nature, and extent of the proposed use. Such
conditions may address the following:
(a) The characteristics of the proposed use and its relationship to
surrounding property and existing land uses,
(b) The proposed support facilities, such as parking, screening and buffer
areas,
(c) The timing of the proposed development,
3 Planning staff already provides this service during the pre‐application conference related to a Special Use or
Conditional Use project. The proposed amendment is designed to ensure local regulations mirrors current
practice.
4 Staff inadvertently left out the requirement for posting of a sign advertising the neighborhood meeting. This
corrects the error.
5 We are changing the timeframe to 30 days consistent with proposed amendments to Section 2.7 Special Uses of
the UDO.
12
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-29
(1) Changes to approved plans and conditions of development shall be treated as
changes to the zoning atlas and shall be processed as an amendment to such as
contained in Section 2.8.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.2 Conditional Zoning District (CZD)
(A) Generally
Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific
Conditional Zoning District and detailed in Section 3.8 of this Ordinance shall be
developed.
(B) Applications
Applications to rezone property to a CZD shall be submitted to the Planning Director and
shall be processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5) for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CZD application form, an applicant shall also submit the
following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for MPD-CZ applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater.
(g) A schedule of construction of all elements of the proposal.
13
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-30
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD) CZD shall include the requirements in Section 6.7. The
requirements of (1)(b) through (1)(h) above are applicable for MPD-CZ
applications.
(3) 26 copies of the application package required in (1) and (2) above shall be
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
(D) Neighborhood Information Meeting 6
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Land Records department and shall mail certified notices of the
meeting date and time to each property owner within 500 feet of the property for
which a CZD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The Neighborhood Information Meeting shall be held a minimum of 14 days prior
to the date of the Public Hearing where the application is scheduled for review
and public comment.
(E) Review and Evaluation of Application
The review, processing, and evaluation of a CZD application is a legislative process
subject to judicial review using the same procedures and standards of review that apply
to general use district zoning decisions.
(F) Approval and Conditions
(1) The Board of County Commissioners shall take action on the application to
rezone the property in accordance with the procedures outlined within Section
2.8.
(2) The applicant or the County may recommend that reasonable and appropriate
conditions be attached to the approval of the application
(3) Conditions and site-specific standards shall be limited to those that address the
conformance of the development to County ordinances, the adopted
Comprehensive Plan, or any other relevant plans that address the impacts
reasonably expected to be generated by the proposed development. Any such
conditions may address:
(a) The compatibility of the proposed development with surrounding
property,
6 Originally staff had anticipated amending this section to require a neighborhood information meeting to be held
30 days prior to a public hearing to review a CZD application. As the review of this type of application does not
involve a Special Use Permit and is completed through a legislative review process (i.e. no sworn expert
testimony), staff has determined existing review requirements are sufficient.
14
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-93
(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.
(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
15
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-94
(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 attached consistent with Section 2.7.14 of the
Ordinance.
(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.
(c) The proposed additional wireless facilities comply with all federal, State,
and local safety requirements.
(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.
(C) Neighborhood Information Meeting 8
(1) For all administratively approved wireless support structures, excluding
collocations, a neighborhood information meeting shall be scheduled in
accordance with the provisions of Section 5.10.8
5.10.7 Antennas Not Located on Wireless Telecommunications Support Structures
(A) General Standards
(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.
8 Staff is adding language to ensure all administratively approved towers will comply with the same neighborhood
information meeting requirements as any other regulated wireless support facility.
16
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-100
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 collocation 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
(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.
This notice shall also inform local residents that a neighborhood
information meeting shall be held the day of the balloon test so that the
applicant can explain the proposal and Planning staff, including the
17
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-101
County’s telecommunications consultant, can explain the Special Use
Permit review process. 9
(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
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
9 As we currently require a balloon test be held prior to a public hearing reviewing a telecommunication
application, staff believes it is reasonable to hold a neighborhood information meeting at the same time on‐site so
that interested parties can not only visualize the height of a proposed tower but ask questions related to the
review process.
18