HomeMy WebLinkAboutORC agenda 040115ORANGE 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, April 1, 2015
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
3-22 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SIGN
REGULATIONS
To review and comment upon proposed revisions to the UDO to
modify the existing regulations pertaining to signs. This item was
previously sent out via e-mail for Planning Board review and was on
the February 19, 2015 quarterly public hearing agenda but the
hearing was canceled due to inclement weather. Staff is bringing
these proposed amendments to ORC since time now permits staff to
do so.
Presenter: Michael Harvey, Current Planning Supervisor
2. 23-46 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
IMPERVIOUS SURFACE
To review and comment upon proposed revisions to the UDO to
modify the existing regulations pertaining to impervious surface.
Presenter: Michael Harvey, Current Planning Supervisor
3. ADJOURNMENT
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ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 1, 2015
Action Agenda
Item No. 1
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Sign Regulations
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 modifying existing sign regulations.
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 January 22, 2015 regular meeting.
Planning Board members were e-mailed a copy of the proposed amendment package in
advance of the February Quarterly Public Hearing, which was cancelled due to weather.
Staff is asking for a second review of the amendment package by the Planning Board in
preparation for the items review at the May 26, 2015 Quarterly Public Hearing.
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-2015-01
UDO Text Amendment(s) clarifying the allowable sign area for projects in identified
Activity Nodes and regulations governing the use of electronic signs
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 6.12 Signs and
2. Article 10 Definitions.
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to modify existing regulations governing allowable
signage.
There has been an increase in inquires and interest with respect to development of
Attachment 1 4
2
large-scale commercial operations within the County, with an emphasis on property
located within the:
a. Commercial Transition,
b. Commercial-Industrial Transition, and
c. Economic Development Transition
Activity Nodes (please see attached map of the Future Land Use Map of the
Comprehensive Plan for additional detail).
Current sign regulations limit the total allowable square footage for freestanding and
wall signs for most non-residential general use zoning districts to 32 square feet (8
feet by 4 feet in size) regardless of the property’s location (in or outside of an Activity
Node), size of parcel, or amount of road frontage.
There is a concern that current regulations do not offer a suitable distinction between
development within various identified Activity Nodes (i.e. more urban areas of the
County) and rural areas allowing for a sign of suitable size to accommodate a non-
residential project on a larger parcel of property.
The ‘one-size fits all’ sign limit may, in fact, be a deterrent to non-residential
development in the aforementioned Activity Nodes.
There is also a noticeable lack of clarity within the UDO addressing the development
of large-scale properties with multiple tenants necessitating the need for a larger,
freestanding sign, advertising local businesses and on what constitutes a
blinking/flashing sign leading to enforcement concerns.
The proposed amendment(s) seek to address these concerns.
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 address current concerns over advertising needs for
development within the urban-designated areas of the county (i.e. the Commercial
Transition and Commercial-Industrial Transition Activity Nodes) and clarify the prohibition
on the use of blinking/flashing signage by incorporating new definitions into the UDO.
Staff will also be using this amendment process to incorporate an interpretation relating to
the use of digital displays by gas stations. Historically gas stations have displayed gas
prices through an internally/externally illuminated reader board. These displays create
unnecessary glare for motorists. Orange County has allowed gas stations to incorporate
digital reader board displays to advertise gas prices, reducing glare and eliminating
issues of light trespass either through cracked message boards allowing undiffused light
to escape or misaligned external light fixtures creating glare for motorists.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 4: Land development regulations, guidelines, techniques, and/or
5
3
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A
d. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
January 22, 2015 – The BOCC authorized staff to proceed with the amendment.
b. Quarterly Public Hearing
May 26, 2015
STAFF COMMENT: This item was originally intended for presentation at
the February 19, 2015 Quarterly Public Hearing, which was cancelled due
to weather.
c. BOCC Updates/Checkpoints
January 22, 2015 – Approval of Amendment Outline form authorizing staff to
proceed with project.
April 1, 2015 Ordinance Review Committee (ORC) meeting (BOCC received
materials).
May 26, 2015 – Quarterly Public Hearing.
September 1, 2015 - Receive Planning Board recommendation.
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
January 26, 2015 – Planning Board members were e-mailed the amendment
packet for initial review and comment.
April 1, 2015 - ORC
June 3, 2015 – Recommendation.
b. Advisory Boards:
6
4
N/A
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement 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.
e. AMENDMENT IMPLICATIONS
The amendment will allow for larger freestanding and wall signs for projects in identified
Activity Nodes where there is adequate road frontage necessitating the development of
additional advertising space and clarify what constitutes a blinking/flashing sign to aid in
enforcement efforts.
f. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
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Future Land Use Mapof the Orange County Comprehensive Plan
0 1 2 3 4Miles
1 in = 2.75 miles
.
Adoption Date: Nov 18,2008Amended through November 2014
Legend:
Watershed Critical AreasWater Supply WatershedsOC/CH/CA Joint Planning AreaPublic Interest AreasResource Protection Areas10 Year Transition20 Year TransitionRural ResidentialRural BufferAgricultural ResidentialCity LimitsETJActivity Nodes
Rural NeighborhoodCommercial TransitionCommercial-Industrial TransitionEconomic Development TransitionRural CommunityRural Industrial
Orange County and Planning and Inspections Department.This copy printed December 18, 2014. Map is for reference use only.Contact Planning staff for verification of data.
8
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-76
(H) The design of light fixtures and structural supports must be compatible with the
architecture of the principal building(s) and identification signs.
(I) Where building faces are illuminated, lighting fixtures must be integrated within the
architectural design of the buildings.
(J) Ground-mounted lighting fixtures must be weather-proof and vandal resistant.
(K) Hillsborough EDD
In addition to the standards established above, the following standards shall apply within
the Hillsborough EDD:
(1) Lighting must be high efficiency lighting systems and lighting levels must be
reduced during non-use hours to promote energy conservation.
(2) 12:1 minimum/maximum glare ratio.
(3) Maximum footcandles = 80
SECTION 6.12: SIGNS
6.12.1 Purpose and Intent
The purpose of this Section is to regulate the type, placement and physical dimensions of all
signs in the interest of public health, safety and welfare, while recognizing the need for signs
within the business community.
It is the intent of this section to regulate signs on a per lot basis in conjunction with the zoning
designation of the lot as described on the current tax roll weather a sign is directly visible from a
street right-of-way or not.
6.12.2 Off-Premise Commercial/Outdoor Advertising Signs1
The provisions of this Article establish standards and review criteria relating to the location,
erection, maintenance, lighting, setbacks, and use of signs. This includes regulations pertaining
to off-premise commercial also known as outdoor advertising (i.e. Billboards) signage.
The regulation and permitting of outdoor advertising is also subject to State requirements,
including the State Outdoor Advertising Control Act, and Federal requirements. In cases where
there is a conflict between County regulations and State or Federal regulations, relating to the
location, erection, maintenance, lighting, setbacks and use of outdoor advertising signage, the
corresponding State or Federal law shall take precedent.
In cases where there is no applicable State/Federal standard, then existing County regulations
shall be enforced.
6.12.3 General Requirements
(A) No sign of any type nor any part thereof shall be erected, painted, posted, reposted,
placed, replaced, or hung in any zoning district except in compliance with these
regulations.
(B) No person shall erect or maintain a sign, and no property owner shall allow a sign to be
erected or maintained on his property except in conformity with these regulations.
(C) A Zoning Compliance Permit approved in accordance with the provisions of this
Ordinance shall be required prior to erecting a sign, unless otherwise permitted.
1 Staff is adding language to ensure terminology is consistent within the UDO when referencing billboards,
which we currently define as ‘Off-premise Commercial’ signs. We are also adding a definition of Outdoor
Advertising, referencing our local classification, in Article 10.
9
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-78
(A) Signs erected by a governmental agency to regulate, control, or direct vehicular or
pedestrian traffic;
(B) Legal notices, warnings, regulatory or informational signs erected by a public agency;
(C) Signs required by law;
(D) “No trespassing” signs, not exceeding six square feet in area;
(E) Real estate signs, not exceeding four square feet in area;
(F) Flags, emblems or insignia of any national, state or political subdivision;
(G) Property number signs not exceeding two square foot in area and bearing only address
numbers of premises or other identification of premises not having commercial
connotations;
(H) Holiday decorations in season that do not contain or display a commercial message;
(I) Signs on trash receptacles, indicating the owner or party responsible for maintenance;
(J) Hazardous chemical identification/notification signs on residential and non-residential
structures;
(K) Signs on newspaper boxes;
(L) Private drive signs, one per drive entrance, not exceeding two square feet in area, with
the message content limited to the words "Private Drive" and the address of any
residences utilizing the private roadway;
(M) Security and warning signs posted on private property warning the public against
trespassing, or similar messages, provided that any such sign does not exceed two
square feet in area; and
(N) Political Signs, in accordance with the following standards:
(1) Political Signs are allowed in all zoning districts.
(2) A Zoning Compliance Permit shall not be required to allow for the placement of a
political sign on private property.
(3) There shall be no limit to the number of political signs that can be placed on
private property so long as the placement of these signs complies with the
provisions of this Ordinance and the signs do not create a public safety hazard.
(4) Within residential zoning districts, political signs shall not exceed nine square feet
in area or four feet in height.
(5) Within non-residential zoning districts, political signs shall not exceed the
maximum allowable sign area permitted for freestanding signs.
(6) Political signs shall only be erected 90 days prior to the established date of a
general election, school board election, referendum, special election, primary, or
other similar political activity.
(7) Political signs shall be removed within 21 days after an election.
(8) Political signs shall be allowed within rights-of-way of the State highway system
only in accordance with State law.
(9) Political signs shall not be allowed on telephone poles, utility poles, trees, other
similar natural objects, and other signs or sign structures.
6.12.6 Prohibited Signs
The following signs are prohibited in all zoning districts:
(A) Advertising signs resembling traffic signals, traffic signs, emergency vehicles’ flashing
lights, non-governmental sanctioned signs utilizing the words ‘stop’, ‘slow’, ‘caution’,
10
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-79
‘danger’, or any sign that is likely to be misconstrued by the traveling public as being
official governmental signs or emergency warnings or which by their distracting nature
create a hazard to motorists;
(B) Signs, except for off-premises signs allowed under this Section, advertising an activity,
business, product or service no longer conducted on the premises upon which the sign is
located. Such signage shall be removed within 90 days from the date of termination of
such activity. Upon failure of the owner to remove such signs within the prescribed time,
the Planning Director shall take appropriate legal action to have such sign removed;
(C) Flashing, blinking, pulsating, signs or signs with moving parts except for signs showing
time of day and temperature that are part of an approved sign advertising a permitted
business activity on a parcel of property; 2
(D) Signs with electronic moveable copy, scrolling messages, or other similar electronic
displays designed to change/display different advertising message(s) more than once an
hour or a maximum of 6 times in a 24 hour period.3 The use of electronic displays in off-
premise commercial signs is specifically prohibited except in accordance with the
provisions of this section.4
(E) Signs, other than traffic, governmental, street name signs, political signs erected in
accordance with State law, or other official governmental or public agency sign, shall not
be permitted within any street right-of-way;
(F) Roof signs;
(G) Snipe signs;
(H) Beacon lights, animated signs, trailer signs and snipe signs;
(I) Portable signs, unless approved for a special event in accordance with Section
6.12.11(D);
(J) Signs supported in whole or in part by water, gas, air, or could otherwise be designated
as inflatable signs; Individuals erecting an inflatable sign shall be subject to an immediate
notice of violation and shall be required to remove the sign within the time frame it would
normally take to deflate the sign, unless approved for a special event in accordance with
Section 6.12.11(D);
(K) Signs mounted on a single pole or mast;
(L) Signs that contain rotating sign panels or objects;
(M) Signs that obstruct ingress and egress to any door, window, fire escape, stairway, ladder,
or other opening intended to provide light, air, ingress, or egress for any room or building;
and
(N) Signs that violate any provision of any law of the State of North Carolina relative to
outdoor advertising.
(O) Signs erected on telecommunication facilities or support structures other than safety
notification(s) and those required by State or Federal regualtions.5
2 On advice from the County Attorney’s office we are deleting this language to address a concern existing
language is not content neutral. You cannot specific the content of a sign even if it is just
‘time/temprature’.
3 We need a standard as to what constitutes changeable copy to ensure proper enforcement while
allowing some opportunity for said advertising display to be altered during the course of a day.
4 Section 6.12.2 establishes the County’s limitations with respect to the regulation of off-premise/outdoor
advertising (i.e. billboards). We will continue to ban the use of electronic outdoor advertising so long as
said ban is consistent with applicable State and Federal regulations in accordance with NCGS 136-131.2.
5 From time to time staff has received requests to place advertising signs on telecommunication facilities.
To date we have forbidden such placement. Staff believes it is necessary to amend the UDO to include a
specific prohibition to avoid uncertainty.
11
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-82
(a) Sites shall be limited to one portable sign per right-of-way frontage.
However, there shall be no more than two portable signs permitted on-
site at one time.
(b) Signs shall be limited to 16 square feet in area, per sign face.
(c) Signs shall be located in accordance with Section 6.12.3(F).
(5) Inflatable Signs
(a) No more than one inflatable sign shall be permitted on-site at one time.
(b) Inflatable signs shall not exceed 25 feet in height.
(c) Signs shall be located a minimum of 25 feet from all property lines.
(6) Special Event Displays may only be erected for a two week period and must be
removed within five days following the event.
(E) Signs Advertising Agricultural Products Produced on the Premises
(1) Shall not exceed 32 square feet.
(2) Shall be limited to two signs per parcel.
(F) Temporary Construction and Financial Institution Signs
(1) Shall not exceed 24 square feet in area, per sign;
(2) May not to exceed two signs per building site;
(3) Signs shall be erected only after a Building Permit authorizing construction on-
site has been issued; and
(4) Signs must be removed within seven days after construction work has been
completed and the certificate of occupancy has been issued.
(G) Directional/Informational Signs
(1) May be displayed on parcels of property utilized for non-residential purposes.
(2) May not exceed two square feet in area.
(3) May contain corporate logos or other similar graphical displays so long as they
provide some necessary information to patrons (i.e. entrance and exit locations,
one-way entrance ways, drive through entranceways, ATM location, etc.).
(4) A maximum of three directional/informational signs may be displayed on a non-
residential parcel of property.
(H) Temporary Real Estate Signs, in excess of four square feet in area
(1) One sign shall be permitted per building site, not to exceed 24 square feet in
area.
(2) Signs shall not be placed within any public street right-of-way.
(3) Signs must be removed after property has been transferred.
(I) Landmark Signs
Signs shall be erected only after the historical significance of the particular site has been
verified and that proposed location of the sign has been approved by the Orange County
Planning Department and all other related agencies (i.e. NC Department of
Transportation).
6.12.12 Signs Permitted in Specific Zoning Districts
The following signs shall be permitted in the zoning districts indicated, in accordance with all
other provisions of this Section and specific standards for each sign established herein:
12
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-83
(A) On-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
(2) On-premise commercial signs shall be permitted within the following zoning
districts: LC-1, NC-2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ, MHP-
CZ and all of the Economic Development zoning districts.
(3) All oOn-premise commercial signs shall be setback a minimum ten feet from the
front, side, and rearall property lines or and the edge of any existing or projected
street right-of-way line whichever is greater. Signs greater than 32 square feet,
as allowed herein, shall be setback an additional 5 feet. 6In cases where a
property abuts a residential zoned parcel of property, the side or rear yard
setback requirement shall be doubled.
(4) Number of Signs Permitted
(a) One on-premise commercial sign shall be permitted per parcel.
However, one additional on-premise commercial sign may be permitted
for parcels with frontage on more than one right-of-way in accordance
with the provisions of this Section.
(b) Under no circumstances shall more than one three-dimensional sign be
permitted on-site.
(c) For multi-tenant buildings and/or sites permitted as a conditional use or
conditional zoning district, additional on-premise commercial signs or
sign area may be permitted by the Board of County Commissioners with
the approval of a master sign plan.
(5) Height of Signs
(a) Pole signs shall be limited to a height of 24 feet with a mandatory ground
clearance of eight feet from the normal or finished grade elevation of the
property at the base of the sign. Pole signs shall be mounted on 2 posts
or masts. 7
(b) Ground signs shall not exceed six feet in height from the normal or
finished grade elevation of the property at the base of the sign
(6) The allowable area for on-premise commercial signs shall be determined as
follows:
(a) Single or double-faced signs shall not exceed 32 square feet in area, per
sign face except for parcels zoned CC-3, GC-4, O/I, I-2, I-3, AS, and
MPD-CZ that:
(i) Are larger than 40,000 square feet in area, and
(ii) Has more than 300 feet of linear frontage along a NC
Department of Transportation (NC DOT) maintained roadway
6 Staff is recommending the imposition of a larger setback in those instances were a larger free-standing
sign is allowed.
7 This requirement is currently referenced within the definition section of the UDO. We are moving it here
as regulation(s) are more appropriate within the various, applicable, sections rather than being contained
within definitions.
13
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-84
In these instances signs shall not exceed 64 square feet in area per sign
face. 8
(b) For parcels within Economic Development district(s), allowable sign area
shall be in accordance with Section 6.12.14 of this Ordinance. 9
(b)(c) Three-dimensional signs shall not exceed a maximum volume of 54
cubic feet with no dimension exceeding six feet.
Figure 6.12.12.A.6: Three-Dimensional Sign Allowable Volume
NOTE: L x W x H may not exceed 54 cubic feet with no dimension exceeding 6 feet.
(7) An on-premise commercial sign may contain a changeable copy sign as defined
in this Ordinance. However, the total sign area, including the area of changeable
copy, shall not exceed the maximum allowable area established in Section
6.12.12(A)(6)(a) above.
(8) No on-premise commercial sign shall be oriented is such a manner as to be
directly visible from a major transportation corridor as established in this
Ordinance.
(B) Off-Premise Commercial Signs
(1) These signs shall comply with all state and county building codes and the
National Electric Code. Clearance of signs is required from high voltage power
lines and signs shall be located in such a way that they will maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
the National Electric Code specifications, provided that no sign shall be installed
closer than ten feet horizontally or vertically from any conductor or public utility
guy wire.
8 This would only allow larger signs on property located in the ‘urban’ areas of the County (i.e, along US
Highway 70, the Efland-Mebane-Buckhorn area, Hillsborough and Eno EDD’s) and would not include
rural nodes (i.e. Rural Neighborhood, Industrial, etc.). The typical width of a non-residential general use
zoning district (i.e. amount of road frontage) is approximately 75 feet. A larger sign shall only be allowed
if the project is located within an identified Activity Node, where we encourage large-scale non-residential
development, and the lot has sufficient road frontage to accommodate a larger sign yet be proportional to
the property.
9 We are establishing the necessary reference(s) to the provisions of the UDO regulating allowable sign
area within our various Economic Development districts.
14
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-85
(2) Off-premise commercial signs (billboards) shall be permitted within the GC-4,
EC-5, I-1, and I-2 zoning districts.
(3) No electric tap outs allowing for an independent light source to receive power
shall be allowed.
(4) Off-premise commercial signs shall be considered the principal use of property.
There shall be no additional principal uses allowed on the same parcel. Off-
premise commercial signs shall not be permitted as accessory uses.
(5) No off-premise commercial sign shall be located closer than 200 feet to the right-
of-way of major thoroughfares (i.e. US 70, NC 86, NC 40, and NC 57) and 600
feet to the right-of-way for all other thoroughfares and streets.
(6) The height of an off-premise commercial sign shall not exceed 25 feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
The clearance of an off-premise sign shall not be less than eight feet from the
grade of the right-of-way or surface grade beneath the sign, whichever is less.
(7) Off-premise commercial signs shall be limited to 480 square feet of sign area.
(8) In no case shall an off-premise commercial sign be located closer than 1,000 feet
to an existing off-premise commercial sign.
(9) Off-premise commercial signs are prohibited within the Major Transportation
Corridor (MTC) overlay district.
(10) No person may, for the purpose of increasing or enhancing the visibility of any
off-premises commercial sign, damage, trim, destroy, or remove any trees,
shrubs, or other vegetation in the following locations:
(a) Within the right-of-way of any public street or road, unless the work is
done pursuant to the express written authorization of the North Carolina
Department of Transportation;
(b) On property that is not under the ownership or control of the person
responsible for such work, unless the work is done pursuant to the
express authorization of the property owner where the vegetation is
located; and,
(c) In any area where such vegetation is required to remain under a permit
issued in accordance with this Ordinance.
(C) Wall Signs
(1) Shall either be mounted or painted on a building.
(2) Wall signs may be internally illuminated and shall comply with all applicable state
and county building codes and the National Electric Code.
(3) Wall Signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ and all of the Economic
Development zoning districts.
(4) All wall signs shall be offset a minimum of ten feet from the corner of the building
on which it is mounted.
(5) Wall signs shall not protrude more than 12 inches from the face of building on
which it is mounted.
(6) Number of Signs Permitted
(a) Only one wall sign shall be permitted per building facade. In cases
where a building is located on a corner lot, an additional wall sign may be
permitted on the building wall facing the second street right-of-way,
subject to the requirements of this Ordinance.
15
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-86
(b) For multi-tenant buildings permitted as a conditional use or conditional
zoning district additional wall signs may be permitted by the Board of
County Commissioners.
(7) The allowable sign area shall be determined as follows:
One square foot of sign area for every ½ foot of building length facing a public
right-of-way, not to exceed 32 square feet except for parcels zoned CC-3, GC-4,
O/I, I-2, I-3, AS, and MPD-CZ that:
(i) Are larger than 40,000 square feet in area, and
(ii) The structure has more than 100 linear feet of building length
facing a public right-of-way, and
(iii) Has more than 300 feet of linear frontage along a NC
Department of Transportation (NC DOT) maintained roadway
In these instances signs shall not exceed 64 square feet in area per sign face.
(8) A changeable copy sign may be utilized as a wall sign.
(9) Wall signs shall not extend above the soffit, parapet, or eave line of the building
to which it is attached.
(10) For parcels within Economic Development district(s), allowable sign area shall be
in accordance with Section 6.12.14 of this Ordinance.
(D) Projecting Signs
(1) Projecting signs shall be mounted on a building.
(2) Projecting signs may be internally illuminated and shall comply with all applicable
state and county building codes and the National Electric Code.
(3) Projecting signs shall be permitted within the following zoning districts: LC-1, NC-
2, CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ and all of the Economic
Development zoning districts.
(4) Projecting signs shall adhere to the minimum setback requirements established
for all structures within the zoning district in which it is located.
(5) Only one projecting signs shall be permitted per building facade even in cases of
a building located on a corner lot.
(6) The allowable sign area shall be determined as follows:
(a) One square foot of sign area for every ½ foot of building length, facing a
public right-of-way, not to exceed 32 square feet in area.
(7) Projecting signs shall clear sidewalks and pedestrian paths by a height of at least
ten feet above finished grade.
(8) Projecting signs shall not extend above the soffit, parapet, or eave line of the
building to which it is attached.
(9) Projecting signs shall not be located at the corner of a building except at right
angles to the building façade.
(E) Window Signs
(1) Window signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ and all of the Economic
Development zoning districts.
(2) Window signs shall be limited to a maximum of 30% of the total window area
where the sign is to be located.
16
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-87
(3) Window signs may be utilized for advertising specials or sales within the
business, or displaying the name and other pertinent business information
associated with the principal use.
(4) Signs may be etched, painted or otherwise attached to be made a permanent
addition to the pane of glass.
(F) Awning Signs
(1) Awning signs shall be permitted within the following zoning districts: LC-1, NC-2,
CC-3, GC-4, EC-5, OI, EI, I-1, I-2, I-3, AS, MPD-CZ and all of the Economic
Development zoning districts. See Section 6.12.14(E) for additional standards
for Awning Signs located in Economic Development Districts.
(2) Awning Signs shall be located above the main entrance to a nonresidential land
use and shall contain the name of the use.
(3) Awning Sign area shall be limited to a maximum of 50% of the total awning area
erected over the entrance of a nonresidential land use. Where an awning sign is
utilized at a multi-use development, the amount of sign area shall be computed
as part of the overall sign area allotted to wall signs, not to exceed 50% of the
total awning area.
(G) Drive-Through Menu Signs
(1) Applicants must establish to the satisfaction of the Planning Director that a drive-
through menu sign is considered a customary accessory use to the principal
business on the property and is necessary for the normal operations of the
commercial operation.
(2) Signs shall be limited to 32 square feet in area.
(3) No external illumination shall be permitted.
(4) A land use that utilizes such a sign shall also be permitted an independent
speaker box, no greater than 12 square feet in area with a height no greater that
four feet.
6.12.13 Sign Standards for Specific Uses
In addition to the requirements contained herein, the following land uses shall adhere to these
additional standards:
(A) Changeable Copy Signs Utilized by Churches or Public Entities
(1) Shall not exceed 32 square feet in area.
(2) Bulletin boards/reader boards may be internally illuminated.
(B) Service Stations/Gas Station
(1) Signs may be erected above gas pumps subject to the following standards:
(a) No internal or external illumination shall be permitted;
(b) Signs shall be limited to four square feet in area; and
(c) Signs must advertise items for sale on the property. Under no
circumstances may a sign advertise a sale, activity, business, or product
not associated with the principal use of property.
(2) Signs may be erected on the canopy covering gas pumps subject to the following
standards:
(a) Advertising material shall be limited to trademarks, logos, and the name
of the service station or other similar display.
(b) Such displays shall be limited to six square feet of area.
17
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-88
(3) The advertisement of gas prices may be displayed electronically as part of an
approved on-premise sign.
(C) Yard Sales/Garage
(1) Signs shall be erected on the property where the sale is taking place.
(2) Signs shall be limited to four square feet of area.
(3) No off-site displays shall be permitted.
(4) Signs shall be removed no later than sunset of the day the event occurs.
(D) Institutional Uses and Private Parks Located within Residential Zoning Districts
(1) One ground and one wall sign shall be permitted;
(2) Maximum sign area shall be 32 square feet per sign face; and
(3) No ground sign shall exceed six feet in height.
(E) Home Occupations
(1) The Home Occupation shall have a valid Zoning Compliance Permit issued by
Orange County;
(2) There shall only be one sign limited to eight square feet in area and four feet in
height;
(3) Such sign shall not be illuminated by any means;
(4) Sign shall not be located within any public street right-of-way, sight visibility
triangle, easement, vehicular area or other similar area; and
(5) The sign message shall be limited to the business name and telephone number.
(F) Parks, Public and Non-profit; Recreational Facilities, Non-Profit; Recreational
Facilities, Golf Courses; and Recreational Facilities, Profit
(1) Purpose and Intent
(a) Unlike signs for non-residential development(s), signs for recreational
land uses are intended to serve a different function and purpose. Signs
within these types of land uses are intended to provide essential
information concerning:
(i) Rules and regulations governing the operation of the facility;
(ii) Educational information identifying unique aspects of the facility,
the property itself, or significant environmental features that are
located on the property; and
(iii) Identification of sponsors or public/private partnerships that are
responsible for the development, upkeep, and maintenance of
existing recreational amenities.
(b) While some of this information could be construed as being advertising
material, the County views such signs as identifying those responsible
for the existence of the facility and allows for recognition of entities that
have entered into partnerships with the operator of the facility to provide
local residents with recreational opportunities.
(2) Applicability
The regulations included herein govern the erection of signs at the following:
(a) Parks, Public and Non-profit,
(b) Recreational Facilities, Non-Profit,
(c) Recreational Facilities, Golf Courses, and
18
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-91
(viii) An informational kiosk may contain the name, logo, or slogan of
a sponsor that is responsible for the
development/upkeep/maintenance of the recreational amenity
subject to the following limitations:
a. The name and/or logo of a sponsor shall not take up
more than 20% of the total kiosk area.
b. No other advertising material shall be permitted on the
kiosk.
(e) Directional Signs
(i) Shall be allowed in an effort to provide information to visitors on
the location of recreational amenities or offices located on the
property.
(ii) Directional signs shall be limited to six square feet in area.
(iii) Directional signs shall not include any advertising material.
(iv) All directional signs shall be ground mounted signs not
exceeding seven feet in height.
(v) All directional signs shall be located a minimum of five feet from
any active recreational activity field or one feet from any
established nature or man-made trail, and shall be set back a
minimum of ten feet from all property lines,
(f) Scoreboards
(i) One scoreboard, not to exceed 144 square feet, shall be
permitted for each athletic field
6.12.14 Additional Standards for Economic Development Districts
In addition to the overall sign standards established herein, the following specific standards shall
apply in the Economic Development Districts:
(A) General Standards
(1) A sign plan must be submitted and approved as part of the comprehensive site
plan or master plan.
(2) For multiple use sites or buildings, unified directional/informational signs and the
use of coordinated individual wall signs is the preferred approach to business
identification.
(3) Sign colors must not be overpowering but must accent the building which the
sign identifies or on which it is mounted.
(4) The light from an illuminated sign must not be permitted to shine into any road
right-of-way or across property lines.
(5) In addition to the prohibited signs in Section 6.12.6, the following types of signs
are prohibited in the Economic Development Districts: off premises advertising
signs, billboards, inflatable, and portable signs.
(B) Identification Signs
(1) Freestanding IdentificationOn-premise Commercial Signs 10
10 Staff is modifying existing language to ensure we are using consistent language throughout the UDO
when identifying a sign.
19
Article 6: Development Standards
Section 6.12: Signs
Orange County, North Carolina – Unified Development Ordinance Page 6-92
(a) Only one freestanding identificationon-premise commercial sign is
permitted for each development. However, a second sign may be
permitted where a site has more than one vehicular entrance on different
sides of the building.
(b) A freestanding identificationon-premise commercial sign must be placed
perpendicular to approaching vehicular traffic so that it is clearly visible
and does not obstruct the view of any other identification or information
sign.
(c) A freestanding identificationon-premise commercial sign must be located
at least 10-feet from any property line or driveway.
(2) Buckhorn EDD & Eno EDD Only
The following criteria shall govern the number, size, and height of identification
signs in the Buckhorn and Eno EDDs:
TABLE 6.12.14.B.3: BUCKHORN AND ENO EDD
IDENTIFICATION SIGN STANDARDS
Maximum Number of Signs 3 per use
Maximum Number of Freestanding On-premise
Commercial Signs 1 per use
Maximum Total Square Footage of All Signs 200 sq. ft.
Maximum Size of Any Sign 75 sq. ft.
Maximum Height of Any Sign 12 ft. 11
(C) Directional/Informational Signs
In lieu of the requirements contained in Section 6.12.11(G), the following requirements
shall apply to Directional/Informational signs located in Economic Development Districts:
(1) Information signs must be placed perpendicular to approaching traffic so that
they are visible and legible.
(2) Signs must be located outside of the site visibility triangle.
(3) Information signs must be positioned to avoid confusing backgrounds,
particularly when they are intended to direct vehicular traffic on or to-and-from
the site.
(4) Information signs may be placed no closer than six feet to the edge of a road or
drive, and, in no case, may they be located within a street right-of-way unless
they are erected by a governmental agency.
(5) Information signs may not exceed four feet in height.
(6) Information signs may not contain advertising material or exceed six square feet
in area.
(D) Temporary Signs
(1) Temporary signs may be used for construction and real estate information, and
future tenant identification, in accordance with the provisions of this Section.
(E) Awnings
(1) The form and color of the awnings must be consistent.
(2) A minimum eight-foot vertical clearance must be maintained.
11 We are keeping the height of signs erected within our Economic Development Districts the same. From
our standpoint there was a conscious decision by the County to have different allowable signs heights for
projects in and outside of Economic Development districts and we are going to preserve this distinction.
20
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-29
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Conservation Areas" and "Secondary Conservation Areas", as defined in Section 7.13, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Open Space - (land use intensity)
A. Open space is the total horizontal area of uncovered open space plus half the total horizontal
area of covered open space subject to limitations set forth below.
B. Uncovered open space is total gross land area not covered by buildings, plus open exterior
balconies and roof areas improved as recreation space.
C. Covered open space is usable open space closed to the sky, but having two clear unobstructed
open or partially open sides. Partially open sides is to be construed as 50% or more. Examples
of covered space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage countable as
covered open space shall not exceed the square footage of the open space sides.
Open Space Ratio
The minimum square footage of open space required for each square foot of gross land area. This area
includes parking and vehicular access areas and it can also include balconies, and roofs improved for
recreation.
Outdoor Advertising
See Sign, Off-premise Commercial
Outdoor Advertising Industry
The organizations that provide outdoor displays or display space on a lease or rental basis.
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s) within the confines of a defined
property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck.
Outdoor Lighting, Cutoff Fixture
A fixture shielded or constructed in such a manner that no more than 2 ½% of the total light emitted by
the fixture is projected above the horizontal plane of the fixture.
Outdoor Lighting, Direct Light
Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of
a luminaire.
Outdoor Lighting, Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
Outdoor Lighting, Flood Lamp
A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass
envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in
residential outdoor area lighting.
21
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-44
A sign structure advertising an establishment,
merchandise, service, or entertainment that is not sold,
produced, manufactured, or furnished at the property
on which said sign is located. This definition includes
billboards and other similar outdoor advertising
mechanisms.
Example of an off-premise commercial sign
includes:
Sign, Off-Premise Religious
A sign located off the property of a religious facility intended to provide directional information as to the
location of a specific religious facility. Such signs shall only be erected at major roadway intersections
and contain the name and address of the facility as well as a directional arrow to provide motorists an
idea of which road is necessary to access the facility.
Sign, On-Premise Commercial
A sign that pertains to the use of the
premises where it is located and can
include pole mounted and/or
ground;monument signs. On-Premise
Commercial Signs can contain
changeable copy or a reader board so
long as the total square footage
allowed for the sign is not exceeded.
For the purpose of this ordinance, pole
mounted signs shall not be permitted.
Pole mounted signs shall be
considered signs mounted on a single
pole or mast rather than on two posts
or poles or ground mounted. 12
Examples of on-premise
commercial signs include:
Sign Owner
A person recorded as such on official records. The owner of property on which a sign is located is
presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise
brought to the attention of the Planning Director (e.g., a sign leased from a sign company).
Sign, Pole
A sign that is elevated above the ground by one or more upright supports placed upon the ground and not
attached to any part of a building.
Sign, Political
For the purposes of this Ordinance, a sign used in connection with a local, state, or national election or
referendum.
Sign, Portable
12 Standard moved to Section 6.12.12 (5) (a)
22
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 1, 2015
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Impervious Surface
Regulations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Outline Form
(UDO & Zoning 2015-12)
2. Draft UDO Text Amendment
3. Information Item Provided to BOCC on
March 3, 2015
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 modifying existing impervious surface regulations.
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 March 17, 2015 regular meeting. Staff is asking the ORC members to review the
proposed amendment package in advance of the presentation of the amendment at the May 26,
2015 Quarterly Public Hearing.
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.
.
23
1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-02
UDO Text Amendment(s) allowing for the modification of impervious surface area
within Watershed Protection Overlay Districts through the installation of permeable
pavement
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. 4.2.8 Modifications of the Impervious Surface Ratio
of the Orange County Unified Development Ordinance (UDO).
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to modify existing regulations governing processes
Attachment 1 24
2
allowing for the modification of allowable impervious surface area.
There has been an increase in inquires and interest from local residents and property
owners with respect to increasing allowable impervious surface area on parcels of
property including:
• Increasing allowable impervious surface percentages in Watershed Protection
Overlay Districts in accordance with State standards,
• Allow additional impervious surface area on property based on the installation
of a stormwater feature, and
• Exempt gravel from being considered an ‘impervious surface area’.
Staff generated an information item on this topic, which was provided to the BOCC at
its March 3, 2015 regular meeting (please refer to Attachment 3).
As detailed within this information item, in certain circumstances the State allows the
installation of a stormwater feature, commonly referred to as a Best Management
Practice (BMP), providing an opportunity for the installation of additional impervious
surface area.
At this time the State only recognizes the use/installation of permeable pavement as
a means of receiving additional impervious surface area on a parcel. The State is in
the process of revising their policies, which could result in the expansion of the types
of features allowing for an additional allotment of impervious surface area.
The proposed amendment(s) seeks to incorporate the use of permeable pavement or
other approved, State BMP’s as may be approved, as a means of modifying
allowable impervious surface area within the County. The review of these requests
will have to be done on a case-by-case basis with the property owner assuming the
responsibility for completing the necessary engineering studies justifying the
modification as well as the responsibility for the maintenance, inspection, and upkeep
of said BMP.
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 address current concerns our impervious surface
limits are too restrictive and unnecessary limit development of property and to provide a
mechanism for modifying said limits consistent with current State policies.
Additional analysis will be part of the public hearing materials.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 4: Land development regulations, guidelines, techniques, and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
25
3
N/A
a. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 17, 2015
b. Quarterly Public Hearing
May 26, 2015
c. BOCC Updates/Checkpoints
March 3, 2015 – Presentation of impervious surface information item
March 17, 2015 – Approval of UDO Amendment Outline Form.
April 1, 2015 – Planning Board Ordinance Review Committee (ORC) (BOCC
receives materials).
May 26, 2015 – Quarterly Public Hearing.
June 16, 2015 - 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:
April 1, 2015 – Planning Board Ordinance Review Committee (ORC).
June 3, 2015 – Recommendation.
b. Advisory Boards:
Commission for the Environment –
April 13, 2015
OWASA Board – April 23, 2015
c. Local Government Review:
Staff will transmit the proposed
amendment to the Towns of Chapel
Hill, Carrboro, and Hillsborough for
courtesy review in the month of April
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2015.
d. Notice Requirements
Legal advertisement 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.
b. AMENDMENT IMPLICATIONS
The amendment will allow for an additional process, in accordance with State
regulations, allowing for the modification of impervious surface limits throughout the
County.
c. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
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Section 4.2: Watershed Protection
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(e) The amount of encroachment into the stream or reservoir buffer is the
minimum amount which can be obtained while meeting the criteria in (a)
through (d).
4.2.3 Land Use Restrictions
All uses and activities allowed in the underlying zoning district are permitted with the following
exceptions:
TABLE 4.2.3 LAND USE RESTRICTIONS
DISTRICT RESTRICTIONS
UNIV-CA
UNIV-PW
CANE-CA
U-ENO-CA
No new landfills are permitted.
No commercial or industrial uses are permitted except for commercial development, in
accordance with the provisions of the Ordinance, located within established Nodes as
detailed within the Orange County Comprehensive Plan.
No new golf courses are permitted
UNIV-CA
CANE-CA
U-ENO-CA
No residual (sludge/biosolids) application is permitted.
CANE-PW
U-ENO-PW
HYCO-PW
LITTLE-PW
BACK-PW
FLAT-PW
HAW-PW
L-ENO-PW
JORDAN-PW
No discharging landfills are permitted. Industrial use is limited to nonhazardous light
industrial uses characterized by low water use (less than 10,000 gpd, excluding domestic
water (25 gpd per employee) and water used for heating and air conditioning).
4.2.4 Residential Density
Maximum residential density shall be as indicated in the Table in this subsection, or as required
by the underlying zoning district, whichever is less.
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAXIMUM DENSITY
UNIV-CA
UNIV-PW
1 du/five acres.
Lots of record existing on October 2, 1989 may contain up to, but no more than, five lots
with a density of one du/two acres. Contiguous lots of record existing on October 2, 1989
may be combined into one parcel for development. The number of two-acre lots and the
total number of lots in the combined parcel cannot exceed the sum of the number of lots
which could be created from each lot of record.
CANE-CA
CANE-PW
1 du/ five acres
Lots of record existing on October 19, 1999 may contain up to, but no more than, five lots as
small as two acres in size. Contiguous lots of record existing on October 19, 1999 may be
combined into one parcel for development. The number of two-acre lots and the total
number of lots in the combined parcel cannot exceed the sum of the number of lots which
could be created from each lot of record.
U-ENO-CA
LITTLE-PW 1 du / 2 acres
HYCO-PW
FLAT-PW 1 du/ 40,000 square feet (.92 acre)
U-ENO-PW
L-ENO-PW
HAW-PW
JORDAN-PW
BACK-PW
Maximum density is as permitted in the underlying zoning district.
Structural BMPs are required in some cases where density exceeds 1 dwelling unit per
acre. Refer to Section 4.2.5.
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Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-6
4.2.5 Impervious Surface and Detention Pond Requirements for Residential Uses
TABLE 4.2.5.1: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL)
UNIV-CA
UNIV-PW
6% impervious surface limit.
EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface
limits as provided in the following Table (entitled Sliding Scale for Residential Impervious
Surface Ratios – Univ, Cane, and Little). [1], [2] BMPs cannot be used to satisfy watershed
impervious surface requirements. 1
CANE-CA
CANE-PW
6% impervious surface limit.
EXCEPT for lots smaller than two acres which existed prior to 1/1/94, which are subject to
impervious surface limits as provided in the following Table (entitled Sliding Scale for
Residential Impervious Surface Ratios – Univ, Cane, and Little). [1], [2]
* BMPs cannot be used to satisfy watershed impervious surface requirements.
U-ENO-CA
6% impervious surface limit.
EXCEPT for lots smaller than five acres which existed prior to 6/1/2010, which are subject to
impervious surface limits as provided in the following Table (entitled Sliding Scale for
Residential Impervious Surface Ratios – Upper Eno). [1], [2]
* BMPs cannot be used to satisfy watershed impervious surface requirements.
LITTLE-PW
6% impervious surface limit.
EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits
as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface
Ratios - Univ, Cane, and Little). [1], [2]
* BMPs cannot be used to satisfy watershed impervious surface requirements.
FLAT-PW
HYCO-PW
12% impervious surface limit for new and existing lots. [1], [2]
* BMPs cannot be used to satisfy watershed impervious surface requirements.
U-ENO-PW
BACK-PW
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [1], [2]
[1] BMPs cannot be used to satisfy watershed impervious surface requirements.
30% impervious surface limit for developments which exceed a density 1 du/acre within
Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are
required if impervious surface exceeds 12%.
70% impervious surface limit for residential uses developed at “high intensity” densities (R-
5, R-8, and R-13) in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option) with structural BMPs if ISR
exceeds>12%.
L-ENO-PW
24% impervious surface limit with curb and gutter.
36% impervious surface limit without curb and gutter.
[1], [2] [1] BMPs cannot be used to satisfy watershed impervious surface requirements.
70% impervious surface limit for residential uses developed at “high intensity” densities (R-
5, R-8, and R-13) in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option), with structural BMPs required
when impervious surface exceeds:
24% (w/ curb and gutter); or
36% (w/o curb and gutter).
HAW-PW
JORDAN-PW
24% impervious surface limit. [1], [2]
[1] BMPs cannot be used to satisfy watershed impervious surface requirements.
[1] BMP’s as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are
allowed. Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO. 2
1 Staff is editing existing notes throughout the Section to address existing typographical and reference errors. In
the existing text an asterisk (‘*’) in certain cases was used to denote information while in other cases it was not.
There was also a [1] used to identify certain watersheds requiring a BMP in the Neuse River Basis. Unfortunately
the watershed overlay districts identified are not in the Neuse River Basin. The proposed amendments address
these issues and clarify the essential information.
2 This references the Section of the UDO where are now recognizing a State provision allowing for the additional
allotment of impervious surface area through the use of specific BMPs.
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Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-7
TABLE 4.2.5.1: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL)
[2] A stormwater feature/best management practice (BMP) shall be required in accordance with applicable local and
State standards based on proposed land disturbance. 3
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds.
TABLES 4.2.5.2 & 4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIOS –
UNIV, CANE, LITTLE, AND UPPER ENO
LOT SIZE (ACRES) ISR SQUARE FEET LOT SIZE (ACRES) ISR SQUARE FEET
Cells in black DO NOT apply to the Upper Eno
6+ 5.0 3.1 9.8 13,234
6.0 5.0 13,068 3.0 10.0 13,068
5.9 5.1 13,107 2.9 10.2 12,885
5.8 5.2 13,138 2.8 10.4 12,685
5.7 5.3 13,159 2.7 10.6 12,467
5.6 5.4 13,172 2.6 10.8 12,232
5.5 5.5 13,177 2.5 11.0 11,979
5.4 5.6 13,172 2.4 11.2 11,709
5.3 5.7 13,159 2.3 11.4 11,421
5.2. 5.8 13,138 2.2 11.6 11,116
5.1 5.9 13,107 2.1 11.8 10,794
5.0 6.0 13,068 2.0 12.0 10,454
4.9 6.2 13,234 1.9 12.2 10,097
4.8 6.4 13,381 1.8 12.4 9,723
4.7 6.6 13,512 1.7 12.6 9,331
4.6 6.8 13,625 1.6 12.8 8,921
4.5 7.0 13,721 1.5 13.0 8,494
4.4 7.2 13,880 1.4 13.2 8,050
4.3 7.4 13,861 1.3 13.4 7,588
4.2 7.6 13,904 1.2 13.6 7,109
4.1 7.8 13,930 1.1 13.8 6,612
4.0 8.0 13,939 1.0 14.0 6,098
3.9 8.2 13,930 0.9 14.2 5,567
3.8 8.4 13,904 0.8 14.4 5,018
3.7 8.6 13,861 0.7 14.6 4,452
3.6 8.8 13,800 0.6 14.8 3,868
3 Requiring a BMP is based on the proposed land disturbance of a project not on how much impervious surface are
is proposed for a parcel of property. This land disturbance thresholds varies for each district consistent with State
requirements. We are adding language to the UDO clarifying when a BMP is required.
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Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-8
TABLES 4.2.5.2 & 4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIOS –
UNIV, CANE, LITTLE, AND UPPER ENO
LOT SIZE (ACRES) ISR SQUARE FEET LOT SIZE (ACRES) ISR SQUARE FEET
Cells in black DO NOT apply to the Upper Eno
3.5 9.0 13,721 0.5 15.0 3,267
3.4 9.2 13,625 0.4 15.2 2,648
3.3 9.4 13,512 0.3 15.4 2,012
3.2 9.6 13,382 0.2 15.6 1,359
4.2.6 Impervious Surface, Detention Pond, and Lot Size Requirements for Non-Residential Uses
Unless otherwise noted in the Table below, minimum lot sizes shall be in conformance with the
underlying zoning district.
TABLE 4.2.6: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL)
UNIV-CA
UNIV-PW4 Same as Residential (See Table in subsection 4.2.5)
UNIV-CA
CANE-CA
5-acre minimum lot size, with potential of up to five lots as small as two acres for lots of record October 19, 1999;
AND
6% impervious surface limit.
[1], [2] BMPs cannot be used to satisfy watershed impervious surface requirements.
U-ENO-CA
2-acre minimum lot size AND
6% impervious surface limit. [1], [2]
UNIV-PW
CANE-PW
5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record October 19, 1999
(Amended 10-19-99); AND
50% ISR for all fire stations and solid waste collection centers; AND
12% ISR for all other non-residential uses; AND
on-site infiltration of the first inch of stormwater runoff; AND
a limit of 1.0% of the watershed for non-residential use (139 acres in CANE-PW).
[1], [2[ BMPs cannot be used to satisfy watershed impervious surface requirements.
LITTLE-PW
2-acre minimum lot size AND
50% ISR for all fire stations and solid waste collection centers; AND
12% ISR for all other non-residential uses; AND
on-site infiltration of the first inch of stormwater runoff; AND
a limit of 1.0% of the watershed for non-residential use (406 acres in LITTLE-PW).
[1], [2] BMPs cannot be used to satisfy watershed impervious surface requirements.
4 Staff would like to discuss modifying these provisions. We believe it would be more appropriate to make the
regulations more consistent with other, similar overlay district as denoted herein.
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Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-9
TABLE 4.2.6: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL)
U-ENO-PW
BACK-PW
70%
ISR in Economic Development, Commercial and/or Commercial- Industrial Nodes as designated in the Land Use
Element of the Comprehensive Plan (high-density option) with structural BMPs if ISR > exceeds 12%; AND
50% ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial-
Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with structural BMPs if ISR
> exceeds 12%; AND
12% ISR for all other non-residential uses outside of Commercial and/or Commercial-Industrial Nodes as
designated in the Land Use Element of the Comprehensive Plan (* BMPs cannot be used to satisfy watershed
impervious surface requirements); AND
on-site infiltration of the first inch of stormwater runoff; AND
A limit of 1,151 acres of non-residential use throughout U-ENO-PW (5.0%) and 163 acres throughout BACK-PW
(1%). [1], [2]
HYCO-PW
FLAT-PW
50% ISR for all fire stations and solid waste collection centers; AND
12% ISR for all other non-residential uses; AND
on-site infiltration of the first inch of stormwater runoff;AND
limit of 1% of the watershed for non-residential use (37 acres in HYCO-PW, 66 acres in FLAT-PW).
[1], [2] BMPs cannot be used to satisfy watershed impervious surface requirements.
L-ENO-PW
70% impervious surface, with structural BMPs required when impervious surface exceeds:
24% (w/ curb and gutter); or
36% (w/o curb and gutter). [1], [2]
HAW-PW
JORDAN-
PW
24% impervious surface limit.
[1], [2] BMPs cannot be used to satisfy watershed impervious surface requirements.
[1] BMP’s as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are allowed.
[1] Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
[2] For non-residential developments a stormwater feature/best management practice (BMP) shall be required in accordance with
applicable local and State standards based on proposed land disturbance and/or a project exceeding 12% impervious as
identified herein.
NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds.
4.2.7 Placement of Streets, Driveways, and Buildings
(A) Streets, driveways, and buildings or other structures shall be located, to the extent
reasonably possible, so as to take full advantage of the absorptive capacity of the soils
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
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(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity, subject to the
following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes) and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through the installation of a stormwater feature, consistent with the adopted State BMP
Manual.
(1) A property owner shall hire an engineer to complete a stormwater assessment of
the current property identifying its infiltration rates and carrying capacity as well
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Orange County, North Carolina – Unified Development Ordinance Page 4-11
as a comprehensive soil assessment for the property.
(2) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State stormwater manual. Additional
allowable impervious surface area shall be based on the soil composition of the
property consistent with State regulations.
(3) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP in accordance with
County and State regulations. This document shall be reviewed by the County
Attorney’s office and Engineering, Erosion Control and Stormwater Division staff.
Once approved, the document shall be recorded in the Orange County Registrar
of Deeds office.
The property owner assumes all financial and legal responsibility for the
maintenance and upkeep of the approved BMP.
(4) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s) for the property once the BMP has been approved by
the County.
4.2.9 Water Supply / Sewage Disposal Facilities
TABLE 4.2.9: WATER SUPPLY/SEWAGE DISPOSAL FACILITIES
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA
UNIV-PW
Water supply and sewage treatment systems shall be limited to individual wells and on-site
septic tanks systems or individual on-site alternative disposal systems.
All Watershed Overly
Districts
No new treatment system will be permitted where effluent disposal occurs on a separate lot
from the source of wastewater generation; provided, however, off-site systems shall be
permitted in all Watershed Overlay Districts except the University Lake Protected
Watershed (UNIV-PW) and Critical Area (UNIV-CA) when located in a Flexible Development
subdivision approved in accordance with Section 7.13 of this Ordinance.
UNIV-CA
New septic tanks and their nitrification fields shall be located outside of any stream buffers,
or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS
Quadrangle maps, whichever is further
CANE-CA
U-ENO-CA
New septic tanks, pump tanks and their appurtenances shall be located outside of any
stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the
USGS Quadrangle maps, and at least 150 feet from a reservoir.
New nitrification fields shall be located outside of any stream buffers and at least 100 feet
from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at
least 300 feet from a reservoir.
CANE-PW
CANE-CA
U-ENO-CA
Water supply and sewage treatment systems shall be limited to individual wells and septic
tanks or individual on-site alternative disposal systems; provided however, off-site systems
shall be permitted when located in a Flexible Development subdivision approved in
accordance with Section 7.13 of this Ordinance.
UNIV-PW
CANE-PW
U-ENO-PW
HYCO-PW
LITTLE-PW
BACK-PW
HAW-PW
JORDAN-PW
L-ENO-PW
FLAT-PW
New septic tanks and their nitrification fields shall be located outside of any stream buffers
and at least 100 feet from a perennial or intermittent stream as shown on the USGS
Quadrangle maps.
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