HomeMy WebLinkAboutORC agenda 070115ORANGE 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 1, 2015
Ordinance Review Committee Meeting – 6:00 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on proposed amendments before the items are placed on a
Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not necessary for
meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 2 - 16 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
RECREATIONAL FACILITIES
To review and comment upon proposed amendments to the UDO to
modify the existing regulations pertaining to recreational facilities.
Presenter: Michael Harvey, Current Planning Supervisor
3. 17- 74 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – PUBLIC
HEARING PROCESS REVISIONS
To review and comment upon proposed amendments to the UDO to
revise the public hearing process.
Presenter: Perdita Holtz, Planning Systems Coordinator
4. ADJOURNMENT
1
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 1, 2015
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Recreational Uses
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Outline Form
(UDO & Zoning 2015-4)
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 regulations governing the development
and use of recreational land uses.
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 May 5, 2015 regular meeting. As is the typical process, ORC reviews and
comments on the proposed County initiated amendments in advance of the presentation of the
amendment at a Quarterly Public Hearing.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Planning Director recommends the ORC review and comment
on the proposed amendment package.
.
2
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-04
Revision(s) of existing definitions and regulations governing the development of
recreational facilities within the County.
A. AMENDMENT TYPE
Map Amendments
Comprehensive Plan – Future Land Use Element Map:
From: - - -
To: - - -
Zoning Map:
From: - - -
To: - - -
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section(s):
1. 5.2.1 Table of Permitted Uses – General Use Zoning
Districts;
2. 5.2.2 Table of Permitted Uses – Economic Development
Districts;
3. 5.2.3 Table of Permitted Uses – Conditional Use Districts;
4. 5.7 Standards for Recreational Uses, and
5. Article 10 Definitions.
Other:
Attachment 1 3
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 a text amendment to revise existing regulations and definitions of
recreational uses.
While reviewing an issue with the Attorney’s office it was determined the County’s
existing definitions and classification methodology for recreation uses (i.e. relying on
the profit/non-profit status of said operation) was not appropriate and inconsistent
with acceptable legal practice. The regulation and permitting of recreational uses
should be based anticipated impacts of said use rather than on its ‘tax status’.
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’.
Recreational uses are defined as follows within the UDO:
• Recreation Use, Non-Profit: An indoor or outdoor recreation use owned by a
not-for-profit corporation, according to the laws of North Carolina.
• Recreation Use, Profit: An indoor or outdoor recreation use owned by an
entity other than a not-for-profit corporation.
Recreation Use, Non-profit land uses are allowed, through the issuance of a Class B
Special Use Permit (i.e. reviewed and acted upon by the Board of Adjustment) in:
1. All residential zoning (i.e. Rural Buffer (RB), Agricultural Residential (AR), Rural
Residential (R-1), Low (R-2), Medium Residential (R-3, R-4), and High
Intensity(R-5, R-8, and R-13) districts.
2. Commercial zoning (i.e. Local Commercial (LC-1), Neighborhood Commercial
(NC-2), Community Commercial (CC-3), General Commercial (GC-4), and Office
Institutional (OI)) districts.
3. All industrial (i.e. Light Industrial (I-1), Medium Industrial (I-2), Heavy Industrial (I-
3)) districts.
4. Within a Master Planned Development Conditional Zoning (MPD-CZ) district.
Recreation Use, Profit is allowed within the Community Commercial (CC-3), General
Commercial (GC-4), and Light Industrial (I-1) zoning districts as a permitted use (i.e.
administrative review and approval by staff).
Within the Buckhorn and Eno Economic Development districts both Recreation Use,
Profit and Non-profit land uses are only allowed within both the Low and High
Intensity general use zoning designations with the review and approval of a
Conditional Use (i.e. rezoning and Class A Special Use Permit) application by the
BOCC. There are specific recreational land uses, including a golf driving range,
4
listed as a permitted use of property within these districts.
Staff has been working to address local resident concern(s) over the purported
development of commercial shooting ranges. Currently the County has no land use
standards governing the development of such uses (i.e. setbacks, development of
protective berms to absorb bullets, etc.).
Staff is proposing to over haul our current regulations by:
a. Establishing new definitions for recreational uses;
b. Reviewing the types of recreational land uses permitted in each zoning district
and suggesting revisions;
c. Developing new standards governing the development of recreational land
uses; and
d. Developing standards governing the discharge of firearms from both a
commercial business and personal enjoyment standpoint.
The amendments are necessary to address outdated regulations governing the
development of recreational land uses, update existing development standards and
requirements, complete a review of acceptable recreational land uses throughout the
County, and establish land use regulations governing the discharge of firearms.
Nothing within the proposed amendments will impact the development of
parks/recreational amenities by Orange County.
Additional analysis will be part of the public hearing materials.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2015
b. Quarterly Public Hearing
5
September 8, 2015
c. BOCC Updates/Checkpoints
May 5, 2015 – Approval of UDO Amendment Outline Form
July 1, 2015 – Planning Board Ordinance Review Committee (ORC) (BOCC
receives materials)
September 8, 2015 – Quarterly Public Hearing
November 5, 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:
July 1, 2015 – Ordinance Review Committee
October 7, 2015 – Recommendation
b. Advisory Boards:
Orange County Parks Advisory Board
– DEAPR staff
c. Local Government Review:
Staff will transmit copies of the
proposed text amendments to our
planning partners in the Towns of
Chapel Hill, Carrboro, and
Hillsborough for their review and
comment in August of 2015.
The Orange County Sheriff’s office will
also be asked to review and comment.
d. Notice Requirements
Legal advertisement published in accordance with the provisions of the UDO.
e. Outreach:
General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
6
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2015-16 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will revise existing, outdated, regulations governing the categorization
and development of recreational land uses.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available as part of the quarterly public hearing materials.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@co.orange.nc.us
Small Area Plan Workgroup:
Other:
7
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a
t
i
o
n
T
o
w
e
r
s
(
O
v
e
r
7
5
f
e
e
t
a
n
d
u
n
d
e
r
20
0
f
e
e
t
)
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
B
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
s
(
2
0
0
f
e
e
t
a
n
d
h
i
g
h
e
r
)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
1 St
a
f
f
is
el
i
m
i
n
a
t
i
n
g
th
e
di
s
t
i
n
c
t
i
o
n
be
t
w
e
e
n
pr
o
f
i
t
an
d
no
n
‐pr
o
f
i
t
re
c
r
e
a
t
i
o
n
fa
c
i
l
i
t
i
e
s
.
Af
t
e
r
re
v
i
e
w
i
n
g
th
e
ma
t
t
e
r
wi
t
h
th
e
At
t
o
r
n
e
y
’
s
office staff has
de
t
e
r
m
i
n
e
d
th
e
ow
n
e
r
s
h
i
p
st
a
t
u
s
of
a re
c
r
e
a
t
i
o
n
a
l
la
n
d
us
e
is
no
t
a re
a
s
o
n
a
b
l
e
me
a
n
s
of
es
t
a
b
l
i
s
h
i
n
g
la
n
d
us
e
re
g
u
l
a
t
i
o
n
s
.
Wh
e
t
h
e
r
or not a recreational
fa
c
i
l
i
t
y
is
a fo
r
pr
o
f
i
t
en
t
i
t
y
or
no
t
th
e
im
p
a
c
t
s
of
sa
i
d
de
v
e
l
o
p
m
e
n
t
on
ad
ja
cen
t
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
l
l
be
th
e
sa
m
e
.
Fr
o
m
th
i
s
st
a
n
d
p
o
i
n
t
it makes more sense to
es
t
a
b
l
i
s
h
re
a
s
o
n
a
b
l
e
la
n
d
us
e
co
n
t
r
o
l
s
in
s
t
e
a
d
of
re
l
y
i
n
g
on
th
e
ta
x
st
a
t
u
s
of
a pr
o
p
e
r
t
y
ow
n
e
r
wh
e
n
de
t
e
r
m
i
n
i
n
g
th
e
vi
a
b
i
l
i
t
y
of
a pr
o
j
e
c
t
or identifying
re
q
u
i
r
e
d
pe
r
m
i
t
re
v
i
e
w
pr
o
c
e
s
s
e
s
(i
.
e
.
ad
m
i
ni
s
t
r
a
t
i
v
e
re
v
i
e
w
ve
r
s
u
s
a re
q
u
i
r
i
n
g
a sp
e
c
i
a
l
us
e
pe
r
m
i
t
)
.
9
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-18
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– ECO
N
O
M
I
C
DEV
E
L
O
P
M
E
N
T
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
C = CON
D
I
T
I
O
N
A
L
USE
(RE
Z
O
N
I
N
G
& CLASS A SUP)
USE
TYP
E
GEN
E
R
A
L
USE
ZON
I
N
G
DIS
T
R
I
C
T
S
BUC
K
H
O
R
N
ED
D
ENO
ED
D
HIL
L
S
B
O
R
O
U
G
H
EDD
ED
B
-
1
ED
B
-
2
ED
E
-
1
ED
E
-
2
ED
H
-
1
ED
H
-
2
ED
H
-
3
EDH-4 EDH-5
#
S
h
a
l
l
b
e
n
o
t
e
d
o
n
Z
o
n
i
n
g
A
t
l
a
s
a
s
“
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
”
–
C
U
(
e
.
g
.
,
E
D
B
-
2
-
C
U
)
Go
l
f
d
r
i
v
i
n
g
a
n
d
p
r
a
c
t
i
c
e
r
a
n
g
e
s
*
*
He
a
l
t
h
C
a
r
e
&
S
o
c
i
a
l
A
s
s
i
s
t
a
n
c
e
(
S
e
c
t
o
r
6
2
)
*
*
*
*
He
a
l
t
h
s
e
r
v
i
c
e
s
,
i
n
c
l
u
d
i
n
g
d
o
c
t
o
r
s
a
n
d
d
e
n
t
i
s
t
s
of
f
i
c
e
s
,
a
n
d
m
e
d
i
c
a
l
a
n
d
d
e
n
t
a
l
l
a
b
o
r
a
t
o
r
i
e
s
*
*
*
*
Ho
t
e
l
s
a
n
d
m
o
t
e
l
s
*
C
#
*
*
*
*
In
d
o
o
r
t
h
e
a
t
e
r
s
*
C
#
*
*
*
*
La
r
g
e
d
a
y
c
a
r
e
h
o
m
e
B
*
*
La
u
n
d
r
y
,
d
r
y
c
l
e
a
n
i
n
g
,
a
n
d
s
h
o
e
r
e
p
a
i
r
s
e
r
v
i
c
e
s
*
C
#
*
*
Li
b
r
a
r
i
e
s
*
C
#
*
*
Ma
n
a
g
e
m
e
n
t
o
f
C
o
m
p
a
n
i
e
s
&
E
n
t
e
r
p
r
i
s
e
s
(
S
e
c
t
o
r
53
)
*
*
*
*
Mo
t
o
r
v
e
h
i
c
l
e
m
a
i
n
t
e
n
a
n
c
e
a
n
d
r
e
p
a
i
r
(
b
o
d
y
s
h
o
p
)
C#
*
Ot
h
e
r
o
f
f
i
c
e
s
a
n
d
p
e
r
s
o
n
a
l
s
e
r
v
i
c
e
s
;
e
.
g
.
,
at
t
o
r
n
e
y
s
,
w
a
t
c
h
a
n
d
j
e
w
e
l
r
y
r
e
p
a
i
r
,
c
o
m
p
u
t
e
r
pr
o
g
r
a
m
m
i
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a
n
d
d
a
t
a
p
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s
s
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n
g
,
e
m
p
l
o
y
m
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n
t
an
d
t
r
a
v
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l
a
g
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n
c
i
e
s
,
a
d
v
e
r
t
i
s
i
n
g
a
g
e
n
c
i
e
s
,
a
n
d
ac
c
o
u
n
t
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n
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,
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n
g
i
n
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e
r
i
n
g
,
a
r
c
h
i
t
e
c
t
u
r
a
l
,
a
n
d
su
r
v
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y
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n
g
o
f
f
i
c
e
s
*
*
*
*
Pr
o
f
e
s
s
i
o
n
a
l
,
S
c
i
e
n
t
i
f
i
c
&
T
e
c
h
n
i
c
a
l
S
e
r
v
i
c
e
s
(S
e
c
t
o
r
5
4
)
*
*
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*
Re
c
r
e
a
t
i
o
n
a
l
f
a
c
i
l
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t
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s
(
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o
n
-
P
r
o
f
i
t
)
C#
C#
C#
C#
Re
c
r
e
a
t
i
o
n
a
l
f
a
c
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t
i
e
s
(P
r
o
f
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t
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B
C#
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B
C#
*
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p
a
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c
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,
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l
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c
t
r
o
n
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c
a
n
d
a
p
p
l
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a
n
c
e
C#
C
#
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*
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s
e
a
r
c
h
f
a
c
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l
i
t
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*
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h
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o
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,
d
a
n
c
e
,
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r
t
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h
o
o
l
s
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v
o
c
a
t
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o
n
a
l
C#
C
#
*
10
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
e
o
f
P
e
r
m
i
t
t
e
d
U
s
e
s
Or
a
n
g
e
C
o
u
n
t
y
,
N
o
r
t
h
C
a
r
o
l
i
n
a
–
U
n
i
f
i
e
d
D
e
v
e
l
o
p
m
e
n
t
O
r
d
i
n
a
n
c
e
Page 5-25
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
* = PER
M
I
T
T
E
D
USE
USE
TYP
E
CON
D
I
T
I
O
N
A
L
ZON
I
N
G
DIS
T
R
I
C
T
S
AS
E
-
C
Z
MP
D
-
C
Z
MH
P
-
C
Z
REDA-CZ-1
NO
T
E
:
A
p
p
l
i
c
a
t
i
o
n
s
f
o
r
C
o
n
d
i
t
i
o
n
a
l
Z
o
n
i
n
g
D
i
s
t
r
i
c
t
s
mu
s
t
l
i
s
t
s
p
e
c
i
f
i
c
u
s
e
s
fo
r
c
o
n
s
i
d
e
r
a
t
i
o
n
/
a
p
p
r
o
v
a
l
^:
U
s
e
s
h
a
l
l
n
o
t
b
e
a
p
p
r
o
v
e
d
o
n
p
a
r
c
e
l
s
l
o
c
a
t
e
d
i
n
t
h
e
R
u
r
a
l
B
u
ff
e
r
l
a
n
d
u
s
e
c
l
a
s
s
i
f
i
c
a
t
i
o
n
,
a
s
d
e
s
i
g
n
a
t
e
d
b
y
t
h
e
a
d
o
p
t
e
d
C
o
m
p
r
eh
e
n
s
i
v
e
P
l
a
n
.
Ve
t
e
r
i
n
a
r
y
H
o
s
p
i
t
a
l
s
*
*
REC
R
E
A
T
I
O
N
A
L
USE
S
Ar
t
s
,
E
n
t
e
r
t
a
i
n
m
e
n
t
&
R
e
c
r
e
a
t
i
o
n
(
S
e
c
t
o
r
7
1
)
Bo
t
a
n
i
c
a
l
G
a
r
d
e
n
s
&
A
r
b
o
r
e
t
u
m
s
*
Ca
m
p
/
R
e
t
r
e
a
t
C
e
n
t
e
r
*
Go
l
f
D
r
i
v
i
n
g
a
n
d
P
r
a
c
t
i
c
e
R
a
n
g
e
s
*
Gu
e
s
t
R
a
n
c
h
*
Pa
r
k
s
,
P
u
b
l
i
c
&
N
o
n
-
P
r
o
f
i
t
*
*
Re
c
r
e
a
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
(
N
o
n
-
P
r
o
f
i
t
)
*
Re
c
r
e
a
t
i
o
n
a
l
F
a
c
i
l
i
t
i
e
s
(P
r
o
f
i
t
)
*
Go
l
f
C
o
u
r
s
e
*
*
Ra
c
e
T
r
a
c
k
(
M
o
t
o
r
i
z
e
d
,
e
t
c
.
)
a
n
d
G
o
-
K
a
r
t
T
r
a
c
k
F
a
c
i
l
i
t
i
e
s
*
RES
I
D
E
N
T
I
A
L
USE
S
Dw
e
l
l
i
n
g
;
M
o
b
i
l
e
H
o
m
e
*
*
Dw
e
l
l
i
n
g
;
M
u
l
t
i
p
l
e
F
a
m
i
l
y
*
Dw
e
l
l
i
n
g
;
S
i
n
g
l
e
-
F
a
m
i
l
y
*
*
Dw
e
l
l
i
n
g
;
T
w
o
-
F
a
m
i
l
y
*
Fa
m
i
l
y
C
a
r
e
H
o
m
e
Gr
o
u
p
C
a
r
e
F
a
c
i
l
i
t
y
*
Re
h
a
b
i
l
i
t
a
t
i
v
e
C
a
r
e
F
a
c
i
l
i
t
y
*
Re
s
i
d
e
n
t
i
a
l
H
o
t
e
l
(
F
r
a
t
e
r
n
i
t
i
e
s
,
So
r
o
r
i
t
i
e
s
,
a
n
d
D
o
rm
i
t
o
r
i
e
s
)
Ro
o
m
i
n
g
H
o
u
s
e
TEL
E
C
O
M
M
U
N
I
C
A
T
I
O
N
S
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
–
S
t
e
a
l
t
h
(
7
5
f
e
e
t
o
r
s
h
o
r
t
e
r
)
*
*
Te
l
e
c
o
m
m
u
n
i
c
a
t
i
o
n
T
o
w
e
r
s
(
1
5
0
f
e
e
t
i
n
h
e
i
g
h
t
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11
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-62
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
SECTION 5.7: STANDARDS FOR RECREATIONAL USES
5.7.1 Recreational Uses for Residential Land Uses 2
(A) General Standards
(1) Recreational uses shall be treated as a customary accessory use to residential
land uses and shall adhere to all applicable development standards for the
district in which they are located unless otherwise specified herein.
(2) Recreational uses shall not be open to the public, designed to accommodate
public access or use, used in connection with established recreation leagues or
organizations, or in any way serve as a recreation amenity for adjacent property
owners.3
(3) Amenities, equipment, and/or facilities such as athletic field lighting, bleachers, or
public address systems shall not be permitted.4
(B) Specific Standards
2 Staff has always interpreted a recreational use (i.e. pool, basketball court, etc.) to be an customary accessory use
to a residence. There have been issues in the past with property owners allowing for the use of recreation
amenities on their property to serve others. To address this issue staff is recommending the imposition of various
standards to ensure this use does not become some form of commercial operation.
3 Staff is not trying to say a property owner cannot have friends over who use a pool or basketball court. What we
are attempting to avoid is the defacto expansion of an accessory use on 1 property to serve others recreation
needs.
4 Staff has received concerns from various property owners over the years with respect to a private land owners
ability to erect amenities, primary athletic field lights, to expand the use of their accessory recreation use. Staff is
recommending language that would prohibit the installation/use of equipment allowing for the expanded use of a
recreation amenity beyond what is considered customary for a residential setting.
12
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-63
(1) Shooting activities5
(a) Nothing within this section shall be construed as limiting or otherwise
restricting hunting activities or the use of fireworks.
(b) All shooting or targeting activities shall be oriented to keep discharged
bullets, shot, and/or arrows on the property.
(c) A projectile-proof backstop consisting of concrete, steel, earth or any
combination thereof, a minimum 15 feet in height and 30 feet in width,
shall be erected and maintained behind all target areas.
(d) Shooting activities and required backstop shall be located a minimum of
300 feet from all property lines, rights-of-way, or access easements and
1,000 feet from occupied dwelling units external to the site.
(e) Warning signs posted at one hundred-foot intervals along the perimeter
of the property.
(f) The equivalent of a Type B land use buffer shall be preserved and/or
installed along the perimeter of the property where shooting activities
occur.
(g) The use of exploding shells, targets, or other similar materials shall be
prohibited.
(2) Motor cross and Go-Kart Tracks6
(a) All tracks and/or paths shall be located a minimum of 100 ft. from a
property line. Under no circumstances may a track or path cross over
active septic fields.
(b) A Type B Land Use Buffer shall be maintained along the perimeter of the
property in accordance with this Ordinance.
5.7.15.7.2 Recreational Facilities
(A) General Standards of Evaluation
(1) The standards included herein shall be applied to the following for-profit
recreational facilities, including but not limited to:
(a) Tennis clubs,
(b) Swim clubs,
(c) Racquet ball,
(d) Squash clubs,
(e) Pitch and putt courses,
(f) Amusement areas,
(g) Bowling alleys,
(h) Skating rinks,
(i) Shooting ranges,
(j) Billiard and pool halls,
5 There have been issued associated with the discharge of firearms on private property, focusing on noise and
public safety issues. Staff is attempting to establish reasonable land use regulations in an attempt to address
safety concerns by requiring discharged items remain on the subject parcel.
6 In the late 1990’s and early 2000’s staff received numerous complaints from local property owners over the use
of motorcycles and go‐karts on private property. We are amending existing regulations to establish setback and
land use buffer requirements to address these concerns.
13
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-64
(j)(k) Outdoor paintball or similar activities,
(l) Indoor/outdoor athletic facilities,
(k)(m) Gymnasiums, and
(l)(n) Other similar uses.
(2) The minimum lot area for recreational facilities shall be two acres.
(3) No building shall be closer than the minimum requirements of the district in which
it is located, or 20 feet to from the public right of way or private property line,
whichever is greateror as specified herein.
(4) Outdoor athletic fields shall be a minimum of 50 feet from all property lines.
(5) Outdoor athletic fields, pitch and putt courses, and/or play areas shall either be
oriented or utilize a combination of screens, fences, nets, berms, and/or
vegetation to protect the safety of adjacent properties and/or persons.
(B)
(B) Standards for Specific Uses7
(1) Shooting Ranges
(a) Nothing in this section shall be construed as regulating hunting activities
or the operation of a shooting range developed for, and exclusively
utilized by, local, State, and/or Federal law enforcement agencies.
(b) All shooting activities involving the discharge of a firearm for any purpose
shall be conducted indoors. Outdoor ranges may only be used to
support bow, knife, and other similar targeting activities.8
(c) The building shall be designed and/or incorporate noise abatement
devises to control or reduce the sound produced by gunfire.
(d) No building where the discharge of a firearm occurs shall be closer than
50 feet to a property line.
(e) No outdoor range shall be closer than 30 feet from a property line, street
right-of-way, or access easement.
(f) Outdoor shooting areas shall be required to install a Type A land use
buffer around its perimeter.
(2) Outdoor Paintball
(a) Areas where paintball activities occur shall be a minimum of 50 feet from
all property lines.
(b) A Type B land use buffer shall be installed around the perimeter of
identified play areas.
(3) Pitch and Putt Courses
(a) Pitch and putt areas shall be a minimum of 40 feet from all property lines.
(b) A Type B land use buffer shall be installed around the perimeter of the
property.
(C) Standards for Class B Special Use Permit
7 These regulations would govern the development of commercial shooting ranges.
8 Staff is recommending the discharge of a firearm connected to a shooting range be conducted indoors to address
noise and safety concerns. Language within this section, however, exempts local, State and Federal public safety
agencies from having to comply.
14
Article 5: Uses
Section 5.7: Standards for Recreational Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-65
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the exact type facility planned, the amount of area,
including and number of members or participants expected, a site plan
showing siting and size of existing and proposed building.
(b) Access, parking, service and recreation areas for all planned facilities or
existing facilities.
(c) Plans, and elevation for all proposed and existing structures and
descriptions of the color and nature of all exterior materials.
(d) A landscape plan showing, at the same scale as the site plan, existing
and proposed trees, shrubs, ground cover and any other landscape
materials.
(e) A signed statement from the owners or operators that there shall be no
activity allowed that will have adverse effects on adjacent property. The
statement shall also include a complete list of all recreational activities
that will take place on the site.
(2) Standards of Evaluation
(a) Within residential zoning districts allowable recreational facilities shall be
limited to indoor/outdoor athletic fields, swim clubs, or tennis clubs.
(b) The property shall have direct frontage on, and obtain vehicular access
from, a publically dedicated and maintained right-of-way.9
(a)(c) Lot size shall be adequate for the method of sewage disposal proposed,
and for the proposed recreational uses.
(b)(d) The site plan should show the boundaries of the site, the distances to the
nearest residential structures, proposed or existing access points,
parking and service areas, location of outdoor recreational facilities, and
location of existing or proposed buildings.
(c)(e) The landscape plan shall be at the same scale as the site plan and
should show how the facilities will be screened from the adjacent
properties, in addition to proposed or existing trees, shrubs and ground
cover.
(d)(f) Elevations of all structures and buildings. The structure shall be of such
a nature as to preserve the residential character of the area.
(e)(g) There are no adverse impacts on the adjacent roads or residential
property.
5.7.25.7.3 Golf – Driving and Practice Range
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan showing the following:
(i) All existing or proposed buildings, tee areas, lawn areas,
(ii) Distances to nearest residential structures,
9 Staff is recommending this change in an attempt to ensure there is adequate access to a recreation facility.
15
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-32
Public Interest Area
Land which contains public or quasi-public uses such as state parks, research forests or known
archaeological or historical sites.
Public Safety Hazard and/or Nuisance
Anything, which is injurious to the safety or health of an Orange County neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Vehicular Areas
Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the public and where the offer for dedication has not been accepted.
Recreation Use, Non-Profit
An indoor or outdoor recreation use owned by a not-for-profit corporation, according to the laws of North
Carolina.
Recreation Use, Profit
An indoor or outdoor recreation use owned by an entity other than a not-for-profit corporation.
Recreation Space
Exterior area appropriately improved for common recreational use. Part of total and livability open space.
Recreation Space Ratio
Recreation space ratio is the minimum square footage of open space in residential areas, suitable by
location, size, shape, access and improvements, required for each square foot of gross land area. This
area is a public or private exterior area improved for recreation of all residents, having a least dimension
of 50 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet.
Recreation Vehicle (RV)
A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing
short term recreational living accommodations, designed primarily not for use as a permanent dwelling,
but as temporary living quarters for recreational, camping, travel, or seasonal use.
Recreational Facility – For ProfitFacilities
Includes uses such as tennis clubs, swim clubs, racquet ball, squash clubs, pitch and putt courses,
amusement areas, bowling allies, skating rinks, shooting ranges, billiard and pool halls, indoor athletic
facilities and such similar uses open to the public or only to members providing access to recreational
amenities or services.
Reference level
The portion of a structure or other development that must be compared to the regulatory flood protection
elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas
designated as Zone AE, the reference level is the top of the lowest floor.
Regulatory flood protection elevation
The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas
where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation
plus two feet of freeboard.
Rehabilitative Care Facility
A facility licensed by the appropriate state agency, as a group care facility for individuals who are
handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional
health care, adult supervision, or rehabilitation.
16
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 1, 2015
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Public Hearing
Process Revisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form (UDO & Zoning 2015-09)
2. Draft UDO Text Amendment – Option A
(Planning Board Review/
Recommendation Earlier in Process)
3. Draft UDO Text Amendment – Option B
(Planning Board Review/
Recommendation Later in Process)
4. Planning Board Rules of Procedure
Perdita Holtz, Planner III (919) 245-2578
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon Planning Director initiated Unified Development
Ordinance (UDO) text amendments to revise the existing public hearing process for UDO and
Comprehensive Plan-related items.
BACKGROUND: Please see Section B of Attachment 1 for relevant information. Two options
are proposed to be presented at the September quarterly public hearing – Option A (Attachment
2) would have the Planning Board make its recommendation earlier in the process (e.g., before
the public hearing) while Option B (Attachment 3) would retain the existing cadence of having
the Planning Board make its recommendation after the public hearing. Both options would
revise the existing process to no longer require a Planning Board quorum in order to hold the
public hearing, but the Planning Board would still be expected to attend the quarterly public
hearings.
Additionally, revisions to the Planning Board Rules of Procedure (Attachment 4) are proposed to
reflect discussion by the BOCC at its May 12, 2015 work session.
The “Amendment Outline Form” (Attachment 1) for these amendments was approved by the
BOCC at its June 2, 2015 regular meeting.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
17
RECOMMENDATION(S): The Planning Director recommends the Ordinance Review
Committee review and comment on the proposed amendments to the UDO.
.
18
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-09
Revisions to Public Hearing Process
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): 1.6, 2.1, 2.3, 2.7, 2.8, 5.10.2 and 2.11.6 (correct typo).
Other: Planning Board Rules of Procedure to require that the Planning Board
Chair (or Vice-Chair in Chair’s absence) attend quarterly public hearings
and BOCC meetings at which a decision is scheduled for items on which
the Planning Board has made a recommendation.
B. RATIONALE
• Purpose/Mission
To consider changes to the current public hearing process for Comprehensive Plan,
Unified Development Ordinance, and Zoning Atlas amendments. The current public
hearing process is comprised of joint quarterly public hearings with the Planning
Attachment 1 19
Board and BOCC, which requires a quorum of both Boards.
County staff and elected officials received comments during development of the
Comprehensive Plan (2008) and Unified Development Ordinance (2011) about the
perceived need to streamline and speed up decisions on applications.
• Analysis
This topic was discussed extensively in 2014, after being heard at the September
2014 quarterly public hearing. The public hearing for the amendments, as proposed
in 2014, was closed in November 2014 when it became apparent that the proposal
would change significantly enough to require another public hearing. The topic was
recently discussed at the May 12, 2015 BOCC work session. Work session materials
include links to prior materials and are available
at: http://www.orangecountync.gov/150512.pdf.
Additional analysis will be part of the quarterly public hearing materials.
• 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.
• New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
June 2, 2015
b. Quarterly Public Hearing
September 8, 2015
c. BOCC Updates/Checkpoints
May 12, 2015 – work session
July 1, 2015 – Planning Board ORC (agenda materials are available to all
interested persons)
November 5, 2015 – receive Planning Board recommendation and make decision
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
20
Orange County ordinance requirements.
a. Planning Board Review:
Amendments proposed in 2014 were discussed extensively by the Planning
Board in October, November, and December 2014. This discussion forms the
basis of the 2015 proposed amendments.
July 1, 2015 – ORC (Ordinance Review Committee)
October 7, 2015 - recommendation
b. Advisory Boards:
c. Local Government Review:
Proposed text amendments will be
sent to JPA partners prior to the public
hearing, in accordance with the JPA
Agreement.
d. Notice Requirements
Consistent with NC State Statutes – legal ad prior to public hearing
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2015-16 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
If adopted, the amendments would revise the existing process used by Orange County
to review Comprehensive Plan, Unified Development Ordinance, and Zoning Atlas
amendments.
General Public:
Small Area Plan Workgroup:
Other:
21
E. SPECIFIC AMENDMENT LANGUAGE
See Attachments 2 and 3 (two separate options).
Primary Staff Contact:
Perdita Holtz, AICP
Planning Department
919-245-2578
pholtz@orangecountync.gov
22
Amendment Package to Revise the Existing Public Hearing Process
(Option A – Planning Board Review/Recommendation Before Public Hearing)
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text to revise the existing public hearing process for Comprehensive Plan-
and Unified Development Ordinance-related hearing items. This option would revise the existing
cadence and would have the Planning Board make its recommendation before the public
hearing.
Proposed additions/changes to existing UDO text are depicted in red. Some of the proposed
changes utilize footnotes to provide a brief explanation as to rationale. Users are reminded that
these excerpts are part of a much larger document (the UDO) that regulates land use and
development in Orange County. The full UDO is available online
at: http://orangecountync.gov/planning/Ordinances.asp
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of the
text/sections downward.
Some text on the following pages has a large “X” through it to denote that these sections are not
part of the amendments under consideration. The text is shown only because in the full UDO it
is on the same page as text proposed for amendment. Text with a large “X” is not proposed for
deletion; proposed deletions are shown in red strikethrough text.
23
(C) Each Township within the County shall be represented in the membership of the Board
by at least one resident.
(D) The Board of County Commissioners may by resolution establish rules related to the
requirements for volunteer service on the Planning Board, appointment and removal of
Planning Board members, and rules of procedure.
(E) In establishing the Planning Board and its program, the Board of Commissioners intends
that the Planning Board be guided by the following principle:
(1) The Comprehensive Plan, and any ordinances or other measures to effectuate it,
shall be made with the general purpose of guiding and accomplishing a
coordinated, and harmonious development of the County which will, in
accordance with present and future needs, best promote health, safety and the
general welfare, as well as efficiency in the process of development; including,
among other things, adequate provisions for traffic, the promotion of safety from
fire and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of populations, the promotion of good civic
design, wise and efficient expenditure of public funds, and adequate provision of
public utilities, services, and other public requirements, and conservation of
significant natural and man-made resources within the County.
1.6.2 Tenure and Membership Expectations
(A) The tenure of office shall be three years. Members are eligible for reappointment for a
second consecutive full term. After two consecutive terms a member shall be ineligible
for reappointment for one year after the expiration of the previous terms.
(B) Appointments shall be made so that one-third of the terms expire in March of each
calendar year.
(C) Appointments made to fill vacancies shall be for the unexpired term and shall not be
counted as a term in determining eligibility for reappointment.
(D) A member whose term has expired shall continue to serve on the Board until his/her
respective successor has been appointed.
(E) Attendance at the regular meetings of the Board and at quarterly public hearings 1 shall
be considered a prerequisite for maintenance of membership on the Planning Board.
The Board of County Commissioners may declare a vacancy on the Planning Board
because of a member's non-attendance, in accordance with the Planning Board Rules of
Procedure.
(F) Absence due to sickness, death of an immediate family member or similar reason shall
be considered approved absences and shall not affect the member's status. In the event
of long illness or other cause for prolonged absence, the member shall be replaced.
(G) The Board of County Commissioners may by resolution establish rules related to tenure
and membership expectations. If the terms of such resolution, or policy created thereby,
conflict with the terms of this section 1.6.1 or 1.6.2 the terms of the resolution or policy
shall control.
1.6.3 Duties
As provided for in 153A-321 of the General Statutes of North Carolina, as amended, the Planning
Board shall have the following general Powers and Duties:
(A) Make studies of Orange County and surrounding areas;
(B) Determine objectives to be sought in the development of Orange County;
(C) Propose and recommend plans for achieving these objectives;
1 Proposed addition to clarify that Planning Board members are expected to attend the quarterly public hearings.
24
ARTICLE 2: PROCEDURES
SECTION 2.1: REVIEW AND DECISION MAKING AUTHORITY – SUMMARY
TABLE
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
TABLE 2.1: REVIEW AND DECISION MAKING AUTHORITIES
R=REVIEW DM=DECISION MAKER PH=PUBLIC HEARING
ZONING/DEVELOPMENT
REVIEW RELATED
PROCEDURES
PLANNING
DIRECTOR
EROSION
CONTROL
OFFICER
DEVELOPMENT
ADVISORY
COMMITTEE
(DAC)
BOARD OF
ADJUSTMENT
PLANNING
BOARD BOCC
Zoning Compliance
Permits R and DM R R
Soil Erosion and
Sedimentation Control
Permits
R and DM
Stormwater Management
Plans R and DM
UDO Text Amendments R R R [1] DM and
PH
Zoning Atlas
Amendments R R R [1] DM and
PH
Special Use Permits R R R DM and PH
Class B
R [1]
Class A
DM and
PH
Class A
Zoning Variances R R DM and PH
Conditional Use R R R R [1] DM and
PH
Appeals/Interpretations R R DM and PH
Comprehensive Plan
Amendments R R [1] DM and
PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R R R R and DM
[2]
R and
DM
Conditional Use R R R R [1] R, DM,
and PH
Appeal
NOTES
[1] The Planning Board attends a Joint Public Hearing with the BOCC to review all zoning related items requiring
a public hearing. The Planning Board will have the item referred to it and shall have up to 90 days to
comment on the application. The Planning Board reviews applications and makes a recommendation prior
to the public hearing held by the Board of County Commissioners. The Board of County Commissioners
may choose to refer an application back to the Planning Board at the conclusion of the public hearing.
[2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a recommendation
on the Preliminary Plat to the BOCC.
25
2.2.8 Effect of Denial on Subsequent Applications
(A) If the Board of County Commissioners denies an application, or the application is
withdrawn subsequent to notice of the public hearing thereon, no application for the same
or similar amendment, affecting the same property or a portion of it, may be submitted for
a period of one year. Said one year period begins on the date of denial or withdrawal, as
appropriate.
SECTION 2.3: COMPREHENSIVE
PLAN AMENDMENTS
2.3.1 Review and Approval Flow Chart
The review and approval process for
Comprehensive Plan Amendments is
shown in the procedure’s flowchart.
2.3.2 Generally
(A) The Comprehensive Plan shall be
so prepared that all or individual
elements and parts thereof may
be adopted and/or amended by
the Board of Commissioners.
(B) For the purpose of establishing
and maintaining sound, stable,
and desirable development within
Orange County, the
Comprehensive Plan or portion
thereof shall not be amended
except as follows:
(1) Because of changed or
changing conditions in a
particular area or areas of
the County;
(2) To correct an error or
omission; or
(3) In response to a change
in the policies, objectives,
principles or standards
governing the physical
development of the
County.
2.3.3 Initiation of Amendments
An amendment to the Comprehensive
Plan or portion thereof may be initiated by:
(A) The Board of Commissioners on
its own motion;
(B) The Planning Board;
(C) Application, by any person or
agency, which accurately and
completely sets forth the reason(s)
for the proposed amendment as
BOCC Decision
Submission of
Application
Text Land Use Plan
(Map)
Publish Legal Ad
Post Sign
Mail Notice
Publish
Legal Ad
If Principal
Amendment, Public
Hearing in Feb. [1];
If Secondary
Amendment, Public
Hearing in Feb, May,
Aug, or Nov
Staff Recommendation
to Planning Board
Staff and PB Recommendation
to BOCC
[1] If principal amendment is County initiated, it
may be scheduled by BOCC at any quarterly Public
Hearing.
Comprehensive
Plan
Amendment
Classification -
Text or Land Use Plan (Map)
See proposed revised
flow chart on next page
26
BOCC Decision
Submission of
Application
Text Future Land Use Map
Map Amendments:
Publish Legal Ad
Post Sign
Mail Notice
Text
Amendments:
Publish Legal Ad
Quarterly Public
Hearing
Staff Recommendation
to Planning Board
Staff and PB Recommendation
to BOCC
Comprehensive
Plan
Amendment
Classification -
Text or Future Land Use Map
Planning Board
Meeting/Recommendation
Post Sign / Mail Notice
Proposed flow chart for Section 2.3.1
27
prescribed in Section 2.3.2(B); or
(D) The Planning Director.
2.3.4 Classification of Amendments 2
Amendments to the Comprehensive Plan or portion thereof are classified as "principal" or
"secondary" amendments.
(A) Principal Amendments Include
(1) Additions to or modifications of policies, objectives, principles or standards;
(2) The creation of new activity nodes or additions to existing activity nodes which
exceed ten acres in land area; or
(3) Proposals for new freestanding plan areas or additions to existing areas that
exceed 100 acres in land area.
(B) Secondary Amendments Include
(1) The expansion of an activity node where the additional area is contiguous to an
existing node and does not increase its land area by more than ten acres;
(2) The expansion of a designated plan area where the additional area is contiguous
to the existing plan designation and does not increase its land area by more than
100 acres;
(3) A correction of an error or omission; or
(4) Revisions to any factual or descriptive material.
2.3.5 Public Hearing Required
(A) A public hearing shall be held before adoption of any proposed Comprehensive Plan
amendment. The Board of County Commissioners and the Planning Board 3 shall hear
applications and receive public comment for proposed Comprehensive Plan amendments
in a Quarterly Public Hearing.
(B) The public hearing is legislative in nature and the hearing shall normally be closed at the
conclusion of the hearing. Closure of a legislative hearing does not bar discussion of an
application outside of the public hearing setting.
(C) A quorum of Planning Board members shall not be necessary to conduct the public
hearing.
2.3.6 Notice Requirements for Public Hearings
(A) Notice of the public hearing shall be given by publishing said notice at least twice in a
newspaper of general circulation in the County, stating the time and place of such
hearing and the substance of the proposed amendment.
(B) This notice shall appear in said newspaper for two consecutive weeks with the first notice
appearing not less than ten days nor more than 25 days before the date set for the public
hearing. In computing the notice period, the day of publication is not to be included, but
the day of the hearing is to be included.
2 Staff proposes that this entire section (2.3.4) be deleted because it is relevant only in conjunction with Section
2.3.7. Rather than limiting “principal” amendments to being heard “generally” only once per year, staff proposes
that any Comprehensive Plan amendment could be heard at any of the quarterly public hearings. If this Section is
deleted, subsequent sections would be renumbered and section reference updates might occur in other
sections/articles of the UDO.
3 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing, the public
hearing would no longer be a joint hearing.
Staff
proposes
this
entire
section
for
deletion
(see
footnote
below)
28
(C) The minimum published size of the notice shall be 25 square inches.
(D) In the case of amendments to the Land Use Plan (map) Future Land Use Map 4, the
Planning Director shall prominently post a notice of the public hearing on the site
proposed for the land use classification change or on an adjacent public street or
highway right of way not less than ten days before the date set for the public hearing.
(1) When multiple parcels are included within a proposed Land Use Plan (map)
Future Land Use Map amendment, a posting on each individual parcel is not
required, but the county shall post sufficient notices to provide reasonable notice
to interested persons.
(E) In the case of amendments to the Land Use Plan (map) Future Land Use Map, written
notice of the public hearing shall be sent by first-class mail to all property owners, as
listed in the Orange County tax records, whose property is affected (property that is
included in the proposed land use plan Future Land Use Map amendment) and all
property owners within 500 feet. Said notice shall be mailed at least 14 days, but not
more than 25 days, prior to the date of the public hearing.
2.3.7 Consideration of Amendments 5
(A) Principal amendments shall generally only be considered only once each year at the first
quarterly public hearing in February of the calendar year, usually held in February 6.
(B) If a principal amendment is scheduled by the Board of County Commissioners 7 for other
than the February first quarterly public hearing of the calendar year, it shall be scheduled
during one of the quarterly public hearings held in May, August, and November later in
the year .
(C) Secondary amendments may be considered four times each year at the a quarterly joint
public hearings, in February, May, August, and November as designated each year on
the Board of County Commissioners meeting calendar.
(D) A proposed amendment may be considered in conjunction with a rezoning request for the
same property if the requests are in compliance with an adopted small area plan.
(E) Requests for a rezoning not in compliance with an adopted small area plan, conditional
use district, and/or special use permit may only be considered at subsequent hearings or
meetings following approval of the proposed amendment to the Comprehensive Plan.
2.3.8 Application Requirements
(A) Generally
(1) All applications for amendments to the Comprehensive Plan shall be submitted
on forms supplied by the Planning Department and shall be signed.
(2) Three copies of the application shall be submitted to the Planning Director.
4 The name of this map was changed in the Comprehensive Plan in 2012 and should be updated here.
5 Staff proposes that (A), (B), and (C) of this section be deleted because staff believes that any proposed
amendment to the Comprehensive Plan should be able to be heard at any of the quarterly public hearings.
Allowing principal amendments “generally” only once per year imposes constraints. If there is not interest in
allowing consideration of any amendment at any of the four QPHs per year, then the language should eb modified
as shown.
6 Staff is suggesting the language be less constrictive in case the BOCC wants to move quarterly public hearing
dates in the future when the annual BOCC meeting calendar is created in the fall of each year. For example, this
was done for the public hearing that was formerly held in August of each year but is now held in September.
7 The BOCC does not schedule amendments (staff is responsible for doing so) but if a principal amendment were
proposed for a QPH other than the first hearing of the year, staff would coordinate with the Manager and
Chair/Vice-Chair to gain input into whether the application should be allowed to be heard at one of the three later
QPHs.
Staff
proposes
A, B, and
C for
deletion
(see
footnote)
29
(3) Before accepting any amendment application, the Planning Director shall ensure
that it contains all required information, as specified in this Ordinance.
Applications which are not complete, or otherwise do not comply with the
provisions of this Ordinance, shall not be accepted by the Planning Director, but
shall be returned to the applicant, with a notation by the Planning Director of the
deficiencies in the application.
(B) Contents of Application
Applications for amendments to the Comprehensive Plan, without limiting the right to file
additional material, shall contain at least the following:
(1) For amendments to the Land Use Plan (map) Future Land Use Map within the
Land Use Element, a map at a legible scale adequately illustrating the land which
would be covered by the proposed map amendment, and a complete list of
Property Identification Numbers (PIN) for the properties;
(2) For amendments to the Comprehensive Plan text, a copy of the existing text
provision(s) which the applicant proposes for amendment, and a written
statement which describes in detail changes which the applicant proposes to
make to the text of the Comprehensive Plan and the rationale for the proposed
amendment consistent with the standards established in this Ordinance; and
(3) All other circumstances, factors and reasons which the applicant offers in support
of the proposed Comprehensive Plan amendment.
2.3.9 Analysis and Recommendation
The Planning Director shall 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.
2.3.10 Planning Board Review 8
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings unless the Board of County Commissioners grants
an extension.
(C) If the Planning Board fails to make a recommendation within the time allotted in
subsection (B), the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board’s recommendation to the Board of
8 These proposed revisions incorporate the discussion the Planning Board had in October, November, and
December 2014 and which the BOCC discussed on May 12, 2015. The cadence of the review process would be
revised to have the Planning Board make its recommendation prior to the public hearing. Notices would be mailed
to nearby property owners and a sign(s) would be posted; this revision will notify nearby property owners of
potential changes much earlier in the process. Although the Planning Board meeting would not be an official
public hearing, interested persons could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process) and the Planning Board can take all public
comments into consideration when making its recommendation.
30
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.
(F) All proposed amendments shall be referred to the Planning Board for consideration and
recommendation prior to the public hearing, in accordance with review/meeting calendars
published each calendar year. The Planning Board shall be allotted a minimum of 30
calendar days to make its recommendation.9
(G) In the case of amendments to the Future Land Use Map, the Planning Director shall
prominently post a notice of the Planning Board meeting on the site proposed for the land
use classification change or on an adjacent public street or highway right of way not less
than ten days before the Planning Board meeting.
(1) When multiple parcels are included within a proposed Future Land Use Map
amendment, a posting on each individual parcel is not required, but sufficient
notices shall be posted to provide reasonable notice to interested persons.
(H) In the case of amendments to the Future Land Use Map, written notice of the Planning
Board meeting shall be sent by first-class mail to all property owners, as listed in the
Orange County tax records, whose property is affected (property that is included in the
proposed Future Land Use Map amendment) and all property owners within 500 feet.
Said notice shall be mailed at least ten days, but not more than 25 days, prior to the date
of the Planning Board meeting.
(I) Interested persons may address the Planning Board at the Planning Board’s meeting and
public comments may be taken into consideration by the Planning Board in making its
recommendation.
(J) The Planning Board’s action on an application shall be one of the following:
(1) Make no recommendation,
(2) Recommend approval,
(3) Recommend denial,
(4) Recommend approval but with specified changes, or
(5) Make a preliminary recommendation, of either (1) through (4) above, with a
request to the Board of County Commissioners that if significant new information
is presented at the public hearing, the Board of County Commissioners refer an
application back to the Planning Board for further review and a potential new
recommendation.
(a) The Board of County Commissioners is not bound to referring an
application back to the Planning Board.
2.3.11 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the a proposed
amendment until the Planning Board either makes its recommendation or takes no action
on the application as prescribed in this section Section 2.3.10.
9 NCGS §153A-344states that: Subsequent to initial adoption of a zoning ordinance, all proposed amendments to
the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. If no
written report is received from the planning board within 30 days of referral of the amendment to that board, the
board of county commissioners may proceed in its consideration of the amendment without the planning board
report. The board of commissioners is not bound by the recommendations, if any, of the planning board.
Although this section of the statutes addresses zoning amendments, staff is recommending that the process for
comprehensive plan amendments be the same in order to provide consistency and less confusion.
31
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
(C) The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or
portion thereof from the Planning Board, shall consider such recommendations and adopt
them by resolution, either unchanged or with modifications.
(B) The Board of County Commissioners shall not consider enactment of a proposed
amendment until after the required public hearing has been held. At the conclusion of the
public hearing, the Board of County Commissioners may do one of the following:
(1) Continue the public hearing to a date/time certain,
(2) Close the public hearing and refer the application back to the Planning Board for
further review,
(3) Close the public hearing and defer a decision to a later Board of County
Commissioners meeting date, or
(4) Close the public hearing and make a decision.
(C) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board’s recommendation, and the Planning Director’s
recommendation.
(D) The Board of County Commissioners is not bound by comments and recommendations
and may make a decision different from comments and/or recommendations it receives.
(E) Decisions shall normally be adopted by resolution except in cases where comprehensive
plan amendments are also included with Unified Development Ordinance amendments,
the comprehensive plan amendments may be incorporated into the ordinance approving
the other amendments.
SECTION 2.4: ZONING COMPLIANCE PERMITS
2.4.1 Applicability
(A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any
new site development, building, structure, or vehicular use area may be erected,
constructed or used.
(B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a
Zoning Compliance Permit except for:
(1) Single-family detached dwellings and duplexes, and accessory structures to
those residential uses shall require a plot plan as detailed within Section 2.4.3 of
this Ordinance.
In those instances, however, where the proposed level of land disturbance
exceeds established thresholds as detailed within Section 6.14.5 of the
Ordinance a formal site plan, prepared in accordance with Section 2.5, shall be
required for submittal and approval. This site plan shall contain all required
elements associated with obtaining a Zoning Compliance, Erosion Control, and
Stormwater permit as detailed herein.
(2) Interior renovation or repair of an existing structure, provided the use of the lot
and/or structure has not changed.
(C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for
the construction, moving, alteration, or repair, except ordinary repairs, of any building or
other structure, including an accessory structure. The Zoning Compliance Permit shall
include a determination that plans, specifications and the intended use of the structure
conforms to the provisions of this Ordinance.
32
(B) A Final As-Built Elevation Certificate (FEMA Form 81-31) is required after construction is
completed and prior to Certificate of Compliance/Occupancy issuance.
(1) It shall be the duty of the permit holder to submit to the Floodplain Administrator
a certification of final as-built construction of the elevation of the reference level
and all attendant utilities.
(a) Elevation certification shall be prepared by, or under the direct
supervision of, a North Carolina licensed professional Land Surveyor or
Professional Engineer and certified by the same.
(2) The Floodplain Administrator shall review the certificate data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to Certificate of Compliance/Occupancy issuance.
(3) In some instances, another certification may be required to certify corrected as-
built construction.
(4) Failure to submit the certification or failure to make said corrections required shall
be cause to withhold the issuance of a Certificate of Compliance/Occupancy.
(C) If a manufactured home is placed within Zone AE and the elevation of the chassis is
more than 36 inches in height, an engineered foundation certification is required per
Section 6.6.1(B)(3).
(D) If a watercourse is to be altered or relocated, the following shall be submitted by the
permit applicant prior to issuance of a floodplain development permit:
(1) A description of the extent of watercourse alteration or relocation;
(2) An engineering report on the effects of the proposed project on the flood-carrying
capacity of the watercourse and the effects to properties located both upstream
and downstream; and
(3) A map, drawn to scale, showing the location of the proposed watercourse
alteration or relocation.
(E) Certification Exemptions
The following structures, if located within Zone AE, are exempt from the elevation/flood
proofing certification requirements specified in items (A) and (B) above:
(1) Recreational vehicles meeting requirements of Section 6.6.1(B)(5);
(2) Temporary structures meeting requirements of Section 6.6.1(B)(7); and
(3) Accessory Structures with any dimension that is 12 feet or greater in height,
width, or depth, meeting requirements of Section 6.6.1(B)(8).
SECTION 2.7: SPECIAL USE PERMITS
2.7.1 Generally
(A) Any use or development designated by applicable zoning district regulations contained
within Article 5 as a special use, or as allowed only pursuant to a special use permit
(either Class A or Class B), may be established in that district only after the use or
development is authorized by a validly issued and recorded special use permit.
(B) This section sets forth required review and approval procedures for submittal, review, and
approval of applications for special use permit.
(C) A special use permit authorizes its holder to use or develop a particular parcel of land in a
particular way, as specified by the terms and conditions of the special use permit.
(D) A special use permit imposes on its holder the responsibility of ensuring that the
authorized use or development continues to comply with the terms and conditions of
approval.
33
(E) Issuance of a special use permit does
not relieve the holder of the special use
permit of the additional responsibility of
obtaining a building permit or any other
permit or approval required by any
other applicable law.
2.7.2 Review and Approval Flow Chart
The review and approval process for Special
Use Permits is shown in the procedure’s
flowchart.
2.7.3 Application Requirements
(A) Applications for a Special Use shall be
submitted on forms provided by the
Planning Department in accordance
with Section 2.2 of this Ordinance.
(B) Applications shall include:
(1) A full and accurate description
of the proposed use, including
its location, appearance, and
operational characteristics.
(2) The name(s) and address(es)
of the owner(s) of the property
involved.
(3) Relevant information needed
to show compliance with the
general and specific standards
governing the Special Use
(See Articles 5 and 6).
(4) For Class A Special Uses 26
copies of the site plan, and for
Class B Special Uses 10
copies of the site plan,
prepared by a registered North
Carolina land surveyor,
landscape architect, architect,
or engineer, which shall
contain the information listed in
Section 2.5.
(5) If the application involves a
Preliminary Subdivision Plat,
26 copies of the Plat prepared
in accordance with Section
7.14 shall be provided.
(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.
Application
Submittal
Class B SUP
scheduled for
review by
Board of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by
BOCC /
Planning Board
at a quarterly
public hearing
Staff Application Review and
Formal Recommendation
Planning Board recommendation
sent to County Commissioners for
decision
Application
forwarded to
Planning Board for
review and
recommendation
Board of
Adjustment
holds public
hearing in a
quasi-judicial
format and
renders a
decision on
application
Staff advertises
meeting (newspaper
ad, property posting,
adjacent property
letters)
Joint public
hearing held in
a quasi-
judicial format
to review
application
Special Use
Permit
See proposed revised
flow chart on next page
34
Application
Submittal
Class B SUP
scheduled for
review by
Board of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by BOCC at
a quarterly public
hearing
Staff Application Review and Analysis
BOCC decision
Board of
Adjustment holds
public hearing in
a quasi-judicial
format and
renders a
decision on
application
Legal ad, property
posting, adjacent
property letters
Quarterly
public hearing
held in a
quasi-judicial
format to
review
application
Special Use
Permit
Neighborhood Information Meeting
Class A SUP:
Planning Board
Meeting/General
Recommendation
Post Sign / Mail Notice for
Neighborhood Info. Meeting and
Planning Board Meeting
Proposed flow chart for Section 2.7.1
35
(9) Method of disposal of trees, limbs, stumps and construction debris associated
with the permitted activity, which shall be by some method other than open
burning.
(10) Statement from the applicant indicating the anticipated development schedule for
the build-out of the project.
(11) Statement from the applicant in justification of any request for vesting for a period
of more than two years (five years maximum).
2.7.4 Staff Review
(A) The Planning Director shall cause an analysis to be made of the application by qualified
representatives of the County and other agencies or officials as appropriate.
(1) Applications for agricultural support enterprise uses located within the Rural
Buffer land use classification, as depicted on the Future Land Use Map of the
adopted Comprehensive Plan, shall be forwarded to the County’s Agricultural
Preservation Board for review and comment.
(a) The Agricultural Preservation Board shall have 30 calendar days to
provide comments. If comments are not received within this timeframe,
the application review process shall not be delayed.
(b) For purposes of this subsection, agricultural support enterprise uses
shall be defined as those permitted in the ASE-CZ zoning district, as
detailed within Section 5.2.3 of this Ordinance.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
(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 for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
shall mail 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 applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the 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 45 days prior to the date of the Public Hearing.
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
36
2.7.6 Planning Board Review and Recommendation – Class A Special Use Permits 10
(A) All Class A Special Use Permit applications shall be referred to the Planning Board for
review and recommendation after the Neighborhood Information Meeting but prior to the
public hearing, in accordance with review/meeting calendars published each calendar
year.
(B) The Planning Director shall prominently post a notice of the Planning Board meeting on
the site proposed for a Class A Special Use Permit or on an adjacent public street or
highway right of way not less than ten days before the Planning Board meeting.
(1) When multiple parcels are included within an application, a posting on each
individual parcel is not required, but sufficient notices shall be posted to provide
reasonable notice to interested persons.
(C) Written notice of the Planning Board meeting shall be sent by first-class mail to all
property owners, as listed in the Orange County tax records, whose property is affected
(property that is included in the Class A Special Use Permit application) and all property
owners within 500 feet. Said notice shall be mailed at least ten days, but not more than
25 days, prior to the date of the Planning Board meeting.
(1) If date timelines for the Neighborhood Information Meeting and Planning Board
meeting allow, the notices for the two meetings may be combined into one
mailing.
(D) The Planning Board meeting is not quasi-judicial in nature and interested persons may
address the Planning Board at the Planning Board’s meeting. However, speakers shall
be informed regarding the difference between hearsay and testimony and shall be told
that hearsay cannot form the basis of a decision.
(E) The Planning Board’s shall make a general recommendation on the application but shall
not make the findings required in Section 5.3.2(A). The Planning Board’s action on an
application shall be one of the following:
(1) Make no recommendation,
(2) Recommend approval,
(3) Recommend denial,
(4) Recommend approval but with specified changes, or
(5) Make a preliminary recommendation, of either (1) through (4) above, with a
request to the Board of County Commissioners that if significant new information
is presented at the public hearing, the Board of County Commissioners refer an
application back to the Planning Board for further review and a potential new
recommendation.
(a) The Board of County Commissioners is not bound to referring an
application back to the Planning Board.
2.7.7 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.
10 This is a new section that has caused subsequent sections in 2.7 to be automatically renumbered.
37
(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.
2.7.8 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.
2.7.9 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) Barring the presentation of non-expert opinion,
(3) Interrupting digressions into immaterial testimony,
(4) Interrupting repetitive testimony,
(5) Reasonably limiting the time allotted each witness or cross-examination,
(6) Providing for the selection of spokespersons to represent groups of persons with
common interests,
(7) Interrupting personal attacks, and/or
(8) Ordering an end to disorderly conduct.
(E) Where the Board finds compliance with the general standards, specific rules governing
the specific use, and that the use complies with all required regulations and standards,
the application must be approved unless the Board shall also find, in some specific
manner, that:
(1) the use will not maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated according to the
plan as submitted.
(F) Those opposing approval of the application on the grounds that the use will not promote
the public health, safety and general welfare shall have the burden of establishing, by
competent material and substantial evidence, the specific manner in which the proposed
use does not satisfy the requirements for approval of the application for a Special Use.
2.7.10 Review and Decision
(A) For Class A Special Use permits, the following shall apply:
38
(1) The Board of County Commissioners and Planning Board shall review the
application during a regularly scheduled public hearing one of the four quarterly
public hearings that occur each calendar year.
(2) Following review at a public hearing, the Special Use permit application shall be
referred to the Planning Board for its consideration and recommendation.
(3) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does
not so direct, the Planning Board shall make its recommendation within three
regularly scheduled meetings.
(4) If the Planning Board fails to make a recommendation within the time allotted
within subsection (3) above, the application shall be forwarded to the Board of
County Commissioners without a Planning Board recommendation.
(5) After receipt of any Planning Board recommendation and closure of the public
hearing, the Board of County Commissioners shall take action upon the
application. This action shall be one of the following:
(a) Approval;
(b) Approval with conditions; or
(c) Denial.
(6) A quorum of Planning Board members shall not be necessary to conduct the
public hearing.
(7) At the conclusion of the public hearing, the Board of County Commissioners may
do one of the following:
(a) Continue the public hearing to a date/time certain,
(b) Close the public hearing and refer the application back to the Planning
Board for further review,
(c) Close the public hearing and defer action to a later Board of County
Commissioners meeting date, or
(d) Close the public hearing and act upon the application.
(8) Action on the application shall be one of the following:
(a) Approval;
(b) Approval with conditions; or
(c) Denial.
(B) For Class B Special Use Permits, the following shall apply:
(1) The Board of Adjustment shall review the application during a regularly
scheduled public hearing.
(2) The Board of Adjustment shall conduct the hearing in accordance within the
provisions detailed in this Section as well as those contained within Section 2.12.
(3) After completion of the public hearing, the Board of Adjustment shall take action
upon the application. This action shall be one of the following:
(a) Approval;
(b) Approval with conditions; or
(c) Denial.
2.7.11 Standards of Evaluation
The following specific standards shall be used in deciding on an application:
39
(b) A substantial change to the physical dimensions of the wireless support
structure which alters facts or conditions relied upon by the County when
granting the original permit. It shall be the County’s burden to
demonstrate that such a scenario constitutes a substantial change to the
physical dimensions of the wireless support structure.
(c) The addition of an appurtenance to the body of the telecommunication
facility that protrudes horizontally from the edge of the wireless support
structure the greater of:
(i) More than 20 feet or
(ii) More than the width of the wireless support structure at the level
of the appurtenance.
Except where necessary to shelter the antenna from inclement weather
or to connect the antenna to the tower via cable.
(d) Increasing the square footage of the existing equipment compound by
more than 2,500 square feet
(C) The Planning Director shall, before making a determination as to whether a proposed
action is a minor change or a modification, review the record of the proceedings on the
original application for approval of the Special Use. The determination shall be based
upon the request of the applicant, the review of the record of the approval of the original
request and the Planning Director’s findings under the criteria of subsection (B) above.
(D) The Planning Director shall, if it is determined that the proposed action is a minor change,
state the findings in writing to the applicant. The applicant shall file an amended site
plan, or written statement, outlining in detail the minor change(s) proposed. The Planning
Director shall file the amended site plan or written statement with the approved site plan.
(E) If it is determined that the proposed action is a modification, the Planning Director shall
require the applicant to submit a request for modification of the approved special use
permit. The following procedures shall be adhered to in the case of a modification:
(1) The applicant shall provide an amended site plan and written narrative outlining
the specific changes requested.
(2) The Planning Director shall submit the request to the Board that approved the
original application.
(3) The Board shall set a public hearing to receive testimony concerning the
modification request. Any public hearing called pursuant to a modification of an
approved special use permit shall be held in conformity with the relevant public
notification requirements contained in this Article.
(4) The Board may approve, approve with conditions, or deny the application for a
modification.
(5) The Planning Director shall file the Board's action in the Planning Department as
an amendment request to the original application and shall notify the applicant of
the Board’s action.
SECTION 2.8: ZONING ATLAS AND UNIFIED DEVELOPMENT ORDINANCE
AMENDMENTS
2.8.1 Review and Approval Flow Chart
The review and approval process for a Zoning Atlas and Unified Development Ordinance
Amendment is shown in the procedure’s flowchart.
40
2.8.2 Amendment Initiation
(A) An amendment to this Ordinance or the Zoning Atlas
may be initiated by:
(1) The Board of County Commissioners on its own
motion;
(2) The Planning Board;
(3) Application, by any person or agency, or
(4) The Planning Director.
(B) If a request for consideration of an amendment proposal
is submitted directly to the Board of County
Commissioners, said Board may decline to consider the
request or may refer the amendment proposal to the
Planning Director for preparation of an amendment
application.
2.8.3 Contents of Application
Applications shall contain the following:
(A) For amendments to the Zoning Atlas:
(1) A map at a legible scale showing the land which
would be covered by the proposed amendment,
and
(2) A legal description of the land.
(B) For amendments to the Unified Development Ordinance
text:
(1) A copy of the existing text provision(s) which the
applicant proposes for amendment, and
(2) A written statement which describes in detail the changes the applicant proposes
to make.
(C) The alleged error in the Zoning Atlas and/or Unified Development Ordinance text that
would be corrected by the proposed amendment with a detailed explanation of such error
in the Zoning Atlas and/or Unified Development text and detailed reasons how the
proposed amendment will correct the alleged error;
(D) The changed or changing conditions, if any, in the area or in the County generally, which
makes the proposed Zoning Atlas and/or Unified Development Ordinance text
amendment reasonably necessary to promote the public health, safety and general
welfare;
(E) The manner in which the proposed Zoning Atlas and/or Unified Development Ordinance
text amendment will carry out the intent and purpose of the adopted Comprehensive Plan
or part thereof; and
(F) A traffic impact study as required by Section 6.17.
(G) For amendments to the Special Flood Hazard Area Overlay District, pertaining to a Letter
of Map Amendment:
(1) An elevation certificate with either an MT-1, MT-2, or MT-EZ (forms available
through FEMA), or
(2) A “No-Impact” analysis for a Letter of Map Revision.
Decision by the BOCC
Staff Assessment
and Analysis
Planning Board Review
and Recommendation
Schedule/Advertise
Public Hearing and
Mail Required
Notifications
Hold Public Hearing
and Receive Public
Comments
Zoning Atlas and
UDO Amendments
Application
Submittal
See proposed revised
flow chart on next page
41
BOCC Decision
Staff Analysis and
Recommendation
Planning Board Review
and Recommendation
Legal Ad for Public Hearing and
Mail Required Notifications
Hold Public Hearing and
Receive Public Comments
Zoning Atlas and
UDO Amendments
Application
Submittal
Post Sign / Mail Notice for
Neighborhood Info. Meeting (NIM) (if
required – conditional districts only)
Neighborhood Information Meeting
(if required)
Post Sign / Mail Notice for
Planning Board Meeting (if not
part of NIM notification)
Proposed flow chart for Section 2.8.3
42
(H) All other circumstances, factors and reasons that the applicant offers in support of the
proposed Zoning Atlas and/or Unified Development Ordinance text amendment.
2.8.4 Applications for Amendment – Joint Planning Area
Applications for amendments to the Orange County Unified Development Ordinance and Zoning
Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development
Ordinance (and Zoning Maps) and/or the Carrboro Land Use Ordinance (and Zoning Maps) shall
be processed as specified herein and as specified in the Joint Planning Agreement adopted
November 2, 1987, and as amended from time to time.
Any text amendments adopted by Orange County shall be adopted by reference as though fully
set forth herein. Any map amendments adopted by Orange County shall be officially denoted on
the County Zoning Atlas. Where there is inconsistency between the amendment procedures
contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint
Planning Agreement shall apply.
2.8.5 Review, Analysis and Recommendation
(A) The Planning Director shall 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.
(B) Applications for agricultural support enterprise uses located within the Rural Buffer land
use classification, as depicted on the Future Land Use Map of the adopted
Comprehensive Plan, shall be forwarded to the County’s Agricultural Preservation Board
for review and comment.
(1) The Agricultural Preservation Board shall have 30 calendar days to provide
comments. If comments are not received within this timeframe, the application
review process shall not be delayed.
(2) For purposes of this subsection, agricultural support enterprise uses shall be
defined as those permitted in the ASE-CZ zoning district, as detailed within
Section 5.2.3 of this Ordinance.
2.8.6 Public Hearing Required
(A) A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment
and/or text amendment to this Ordinance. The Board of County Commissioners and the
Planning Board 11 shall hear applications and receive public comment for Zoning Atlas
amendments and/or text amendments to this Ordinance in a Quarterly Public Hearing.
(B) The public hearing is legislative in nature and the hearing shall normally be closed at the
conclusion of the hearing. Closure of a legislative hearing does not bar discussion of an
application outside of the public hearing setting.
(C) A quorum of Planning Board members shall not be necessary to conduct the public
hearing.
2.8.7 Notice of Public Hearings
(A) Notice of the public hearing to review the application and receive public comment shall be
published at least twice in a newspaper of general circulation in the county, stating the
time and place of the hearing and the substance of the proposed amendment.
(B) Said notice shall appear in said newspaper for two successive weeks with the first notice
appearing not less than ten days nor more than 25 days before the date set for the public
11 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing, the public
hearing would no longer be a joint hearing.
43
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) In the case of amendments to the zoning atlas, 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) In the case of amendments to the Zoning Atlas, written notice shall be sent by certified
mail to the affected property owner and all adjacent property owners at least 15 days, but
not more than 25 days, before the public hearing date. Adjacent property owners are
those whose names and addresses are currently listed in the Orange County tax records
and whose property lies within 500 feet of the affected property.
(E) If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by
first class mail to all affected property owners and to all adjacent property owners within
500 feet as provided in (D) above.
(F) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
2.8.8 Planning Board Review 12
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings.
(C) If the Planning Board fails to make a recommendation within the time allotted in
subsection (B) above, the application shall be forwarded to the Board of County
Commissioners without a Planning Board recommendation.
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board’s recommendation to the Board of
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.
(A) All proposed amendments shall be referred to the Planning Board for consideration and
recommendation prior to the public hearing, in accordance with review/meeting calendars
published each calendar year. The Planning Board shall be allotted a minimum of 30
calendar days to make its recommendation.13
12 These proposed revisions incorporate the discussion the Planning Board had in October, November, and
December 2014 and which the BOCC discussed on May 12, 2015. The cadence of the review process would be
revised to have the Planning Board make its recommendation prior to the public hearing. Notices would be mailed
to nearby property owners and a sign(s) would be posted; this revision will notify nearby property owners of
potential changes much earlier in the process. Although the Planning Board meeting would not be an official
public hearing, interested persons could address the Planning Board (the existing requirement for written
comments only is not proposed to continue in this revised process) and the Planning Board can take all public
comments into consideration when making its recommendation.
13 NCGS §153A-344states that: Subsequent to initial adoption of a zoning ordinance, all proposed amendments to
the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. If no
written report is received from the planning board within 30 days of referral of the amendment to that board, the
board of county commissioners may proceed in its consideration of the amendment without the planning board
report. The board of commissioners is not bound by the recommendations, if any, of the planning board.
44
(B) Interested persons may address the Planning Board at the Planning Board’s meeting and
public comments may be taken into consideration by the Planning Board in making its
recommendation.
(C) The Planning Board’s action on an application shall be one of the following:
(1) Make no recommendation,
(2) Recommend approval,
(3) Recommend denial,
(4) Recommend approval but with specified changes, or
(5) Make a preliminary recommendation, of either (1) through (4) above, with a
request to the Board of County Commissioners that if significant new information
is presented at the public hearing, the Board of County Commissioners refer an
application back to the Planning Board for further review and a potential new
recommendation.
(a) The Board of County Commissioners is not bound to referring an
application back to the Planning Board.
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the a proposed
amendment until the Planning Board either makes its recommendation or takes no action
on the application as prescribed in Section 2.8.8(C).
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
(C) The Board of County Commissioners shall not consider enactment of a proposed
amendment until after the required public hearing has been held. At the conclusion of the
public hearing, the Board of County Commissioners may do one of the following:
(1) Continue the public hearing to a date/time certain,
(2) Close the public hearing and refer the application back to the Planning Board for
further review,
(3) Close the public hearing and defer a decision to a later Board of County
Commissioners meeting date, or
(4) Close the public hearing and make a decision.
(D) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board’s recommendation, and the Planning Director’s
recommendation.
(E) The Board of County Commissioners is not bound by comments and recommendations
and may make a decision different from comments and/or recommendations it receives.
2.8.10 Text Revisions Pertaining to Soil Erosion and Sedimentation Control Provisions
(A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control
Commission’s revisions to the State’s Model Soil Erosions and Sedimentation Control
Ordinance and, within 90 days of receipt of the recommended revisions, submit draft
amendments to the North Carolina Sedimentation Control Commission for its
consideration and comments.
(B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission’s
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
45
2.11.4 Review Procedures
(A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the
Board of Adjustment in accordance with the procedures contained in Section 2.12 of this
Ordinance.
(B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this
Ordinance.
(C) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application. The assessment shall include all
relevant facts utilized in rendering the disputed decision and the rationale for the
interpretation made by the Planning Director.
(D) The assessment shall be introduced at the hearing and become part of the record.
(E) Upon hearing all evidence associated with the application, the Board of Adjustment shall
close the hearing and render a decision on the matter to affirm, modify, or reverse the
decision of the Planning Director.
2.11.5 Findings of Fact
The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order
to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the
necessary justification for the Board’s action based on the testimony and evidence entered into
the record during the hearing.
2.11.6 Notice Requirements
Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.2.6 2.12.6 14
are not applicable to applications for an appeal of an interpretation.
SECTION 2.12: BOARD OF ADJUSTMENT
2.12.1 General Provisions
(A) The Board shall act on all applications before it.
(B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director
at its next regularly scheduled meeting or at a special meeting called for that purpose.
2.12.2 Quasi-Judicial Proceedings
(A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended
that its proceedings be conducted as formally as those before courts.
(B) The rules of procedure and evidence set forth in this Ordinance shall be followed to
protect the interests of all parties and the public.
(C) The presiding officer shall administer oaths to all witnesses and shall make rulings
necessary to preserve fairness, order, or proper decorum in any matter before the Board
of Adjustment. Any person who, while under oath during a proceeding before the Board,
willfully swears falsely is guilty of a Class I misdemeanor.
(D) Any member of the Board of Adjustment or any interested party may object to, and the
presiding officer may exclude, any evidence, testimony, or statement that is deemed
incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably
address the issues before the Board of Adjustment.
2.12.3 Evidence and Testimony
(A) Interested Party
14 Typographical error that staff recommends correcting as part of this amendment package.
46
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of $
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant agrees to the following as conditions in case the utility is to be
abandoned:
(a) The owner/operator of the facility is required to notify the Orange County
Planning Director in writing 60 days prior to planned the cessation or
abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(b) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Erosion Control permits to re-stabilize the property. The
time frame for completion shall be determined by the Orange County
Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
(f) Upon removal of the facility, the Department shall cause a notice to be
recorded within the Orange County Registrar of Deeds office indicating
that the Class A Special Use Permit has been revoked.
SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES
5.10.1 Intent
The regulations contained herein are designed to provide for the safe and efficient integration of
facilities necessary for the provision of advanced wireless telecommunications services through
the community with the goal of establishing reliable wireless service to the public, governmental
agencies, and first responders in a manner that provides for the public safety and general welfare
of its citizens.
5.10.2 Master Telecommunications Plan (“Plan”)
(A) The Plan is intended to assist providers in their search for suitable locations to build their
service network. The County may develop the Plan (map), which would display
locations within the County’s zoning jurisdiction where property owners have expressed
formal, written, interest in allowing construction of telecommunications equipment.
(B) Information that may be shown on the base Plan will include, but not limited to:
(1) Existing towers,
(2) Major transmission lines,
(3) County-defined Natural Areas,
47
(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E) Modification of the Plan may be considered annually at the February first Quarterly Public
Hearing of the calendar year, normally held in February. Any applicant requesting
modification of the Plan shall make application to the Planning Director on or before
December 1st of each year. The fee for modifying the Plan shall be that as set forth in
the Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B) Applicability
(1) By December 31st of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
48
Amendment Package to Revise the Existing Public Hearing Process
(Option B – Planning Board Review/Recommendation After Public Hearing)
Notes
The pages that follow contain the amendments necessary to the Unified Development
Ordinance (UDO) text to revise the existing public hearing process for Comprehensive Plan-
and Unified Development Ordinance-related hearing items. This option would retain the existing
cadence of having the Planning Board make its recommendation after the public hearing.
Proposed additions/changes to existing UDO text are depicted in red. Some of the proposed
changes utilize footnotes to provide a brief explanation as to rationale. Users are reminded that
these excerpts are part of a much larger document (the UDO) that regulates land use and
development in Orange County. The full UDO is available online
at: http://orangecountync.gov/planning/Ordinances.asp
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of the
text/sections downward.
Some text on the following pages has a large “X” through it to denote that these sections are not
part of the amendments under consideration. The text is shown only because in the full UDO it
is on the same page as text proposed for amendment. Text with a large “X” is not proposed for
deletion; proposed deletions are shown in red strikethrough text.
49
(C) Each Township within the County shall be represented in the membership of the Board
by at least one resident.
(D) The Board of County Commissioners may by resolution establish rules related to the
requirements for volunteer service on the Planning Board, appointment and removal of
Planning Board members, and rules of procedure.
(E) In establishing the Planning Board and its program, the Board of Commissioners intends
that the Planning Board be guided by the following principle:
(1) The Comprehensive Plan, and any ordinances or other measures to effectuate it,
shall be made with the general purpose of guiding and accomplishing a
coordinated, and harmonious development of the County which will, in
accordance with present and future needs, best promote health, safety and the
general welfare, as well as efficiency in the process of development; including,
among other things, adequate provisions for traffic, the promotion of safety from
fire and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of populations, the promotion of good civic
design, wise and efficient expenditure of public funds, and adequate provision of
public utilities, services, and other public requirements, and conservation of
significant natural and man-made resources within the County.
1.6.2 Tenure and Membership Expectations
(A) The tenure of office shall be three years. Members are eligible for reappointment for a
second consecutive full term. After two consecutive terms a member shall be ineligible
for reappointment for one year after the expiration of the previous terms.
(B) Appointments shall be made so that one-third of the terms expire in March of each
calendar year.
(C) Appointments made to fill vacancies shall be for the unexpired term and shall not be
counted as a term in determining eligibility for reappointment.
(D) A member whose term has expired shall continue to serve on the Board until his/her
respective successor has been appointed.
(E) Attendance at the regular meetings of the Board and at quarterly public hearings 1 shall
be considered a prerequisite for maintenance of membership on the Planning Board.
The Board of County Commissioners may declare a vacancy on the Planning Board
because of a member's non-attendance, in accordance with the Planning Board Rules of
Procedure.
(F) Absence due to sickness, death of an immediate family member or similar reason shall
be considered approved absences and shall not affect the member's status. In the event
of long illness or other cause for prolonged absence, the member shall be replaced.
(G) The Board of County Commissioners may by resolution establish rules related to tenure
and membership expectations. If the terms of such resolution, or policy created thereby,
conflict with the terms of this section 1.6.1 or 1.6.2 the terms of the resolution or policy
shall control.
1.6.3 Duties
As provided for in 153A-321 of the General Statutes of North Carolina, as amended, the Planning
Board shall have the following general Powers and Duties:
(A) Make studies of Orange County and surrounding areas;
(B) Determine objectives to be sought in the development of Orange County;
(C) Propose and recommend plans for achieving these objectives;
1 Proposed addition to clarify that Planning Board members are expected to attend the quarterly public hearings.
50
ARTICLE 2: PROCEDURES
SECTION 2.1: REVIEW AND DECISION MAKING AUTHORITY – SUMMARY
TABLE
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
TABLE 2.1: REVIEW AND DECISION MAKING AUTHORITIES
R=REVIEW DM=DECISION MAKER PH=PUBLIC HEARING
ZONING/DEVELOPMENT
REVIEW RELATED
PROCEDURES
PLANNING
DIRECTOR
EROSION
CONTROL
OFFICER
DEVELOPMENT
ADVISORY
COMMITTEE
(DAC)
BOARD OF
ADJUSTMENT
PLANNING
BOARD BOCC
Zoning Compliance
Permits R and DM R R
Soil Erosion and
Sedimentation Control
Permits
R and DM
Stormwater Management
Plans R and DM
UDO Text Amendments R R R [1] DM and
PH
Zoning Atlas
Amendments R R R [1] DM and
PH
Special Use Permits R R R DM and PH
Class B
R [1]
Class A
DM and
PH
Class A
Zoning Variances R R DM and PH
Conditional Use R R R R [1] DM and
PH
Appeals/Interpretations R R DM and PH
Comprehensive Plan
Amendments R R [1] DM and
PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R R R R and DM
[2]
R and
DM
Conditional Use R R R R [1] R, DM,
and PH
Appeal
NOTES
[1] The Planning Board attends a Joint Public Hearing with the public hearing held by the BOCC to review all
zoning related items requiring a public hearing. The Planning Board will have the item referred to it and shall
have up to 90 602 days to comment on the application.
[2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a recommendation
on the Preliminary Plat to the BOCC.
2 Staff is suggesting a shorter potential review period. In recent years, the BOCC has instructed the Planning Board
to return its recommendation by a date/time certain due to the case law requirement that public hearings be
adjourned to a date/time certain. Since the public hearing is now proposed to be closed the night of the hearing
and the requirement for only written comments after the public hearing is proposed for removal, the Planning
Board will need to know that recommendations must be made within 60 days.
51
2.2.8 Effect of Denial on Subsequent Applications
(A) If the Board of County Commissioners denies an application, or the application is
withdrawn subsequent to notice of the public hearing thereon, no application for the same
or similar amendment, affecting the same property or a portion of it, may be submitted for
a period of one year. Said one year period begins on the date of denial or withdrawal, as
appropriate.
SECTION 2.3: COMPREHENSIVE
PLAN AMENDMENTS
2.3.1 Review and Approval Flow Chart
The review and approval process for
Comprehensive Plan Amendments is
shown in the procedure’s flowchart.
2.3.2 Generally
(A) The Comprehensive Plan shall be
so prepared that all or individual
elements and parts thereof may
be adopted and/or amended by
the Board of Commissioners.
(B) For the purpose of establishing
and maintaining sound, stable,
and desirable development within
Orange County, the
Comprehensive Plan or portion
thereof shall not be amended
except as follows:
(1) Because of changed or
changing conditions in a
particular area or areas of
the County;
(2) To correct an error or
omission; or
(3) In response to a change
in the policies, objectives,
principles or standards
governing the physical
development of the
County.
2.3.3 Initiation of Amendments
An amendment to the Comprehensive
Plan or portion thereof may be initiated by:
(A) The Board of Commissioners on
its own motion;
(B) The Planning Board;
(C) Application, by any person or
agency, which accurately and
completely sets forth the reason(s)
for the proposed amendment as
BOCC Decision
Submission of
Application
Text Land Use Plan
(Map)
Publish Legal Ad
Post Sign
Mail Notice
Publish
Legal Ad
If Principal
Amendment, Public
Hearing in Feb. [1];
If Secondary
Amendment, Public
Hearing in Feb, May,
Aug, or Nov
Staff Recommendation
to Planning Board
Staff and PB Recommendation
to BOCC
[1] If principal amendment is County initiated, it
may be scheduled by BOCC at any quarterly Public
Hearing.
Comprehensive
Plan
Amendment
Classification -
Text or Land Use Plan (Map)
See proposed revised
flow chart on next page
52
BOCC Decision
Submission of
Application
Text Future Land Use Map
Publish Legal Ad
Post Sign
Mail Notice
Publish
Legal Ad
Staff Analysis
Staff Recommendation
to Planning Board
Staff and PB Recommendation
to BOCC
Comprehensive
Plan
Amendment
Classification -
Text or Future Land Use Map
Quarterly Public
Hearing
Proposed flow chart for Section 2.3.1
53
prescribed in Section 2.3.2(B); or
(D) The Planning Director.
2.3.4 Classification of Amendments 3
Amendments to the Comprehensive Plan or portion thereof are classified as "principal" or
"secondary" amendments.
(A) Principal Amendments Include
(1) Additions to or modifications of policies, objectives, principles or standards;
(2) The creation of new activity nodes or additions to existing activity nodes which
exceed ten acres in land area; or
(3) Proposals for new freestanding plan areas or additions to existing areas that
exceed 100 acres in land area.
(B) Secondary Amendments Include
(1) The expansion of an activity node where the additional area is contiguous to an
existing node and does not increase its land area by more than ten acres;
(2) The expansion of a designated plan area where the additional area is contiguous
to the existing plan designation and does not increase its land area by more than
100 acres;
(3) A correction of an error or omission; or
(4) Revisions to any factual or descriptive material.
2.3.5 Public Hearing Required
(A) A public hearing shall be held before adoption of any proposed Comprehensive Plan
amendment. The Board of County Commissioners and the Planning Board 4 shall hear
applications and receive public comment for proposed Comprehensive Plan amendments
in a Quarterly Public Hearing.
(B) The public hearing is legislative in nature and the hearing shall normally be closed at the
conclusion of the hearing. Closure of a legislative hearing does not bar discussion of an
application outside of the public hearing setting.
(C) A quorum of Planning Board members shall not be necessary to conduct the public
hearing.
2.3.6 Notice Requirements for Public Hearings
(A) Notice of the public hearing shall be given by publishing said notice at least twice in a
newspaper of general circulation in the County, stating the time and place of such
hearing and the substance of the proposed amendment.
(B) This notice shall appear in said newspaper for two consecutive weeks with the first notice
appearing not less than ten days nor more than 25 days before the date set for the public
hearing. In computing the notice period, the day of publication is not to be included, but
the day of the hearing is to be included.
3 Staff proposes that this entire section (2.3.4) be deleted because it is relevant only in conjunction with Section
2.3.7. Rather than limiting “principal” amendments to being heard “generally” only once per year, staff proposes
that any Comprehensive Plan amendment could be heard at any of the quarterly public hearings. If this Section is
deleted, subsequent sections would be renumbered and section reference updates might occur in other
sections/articles of the UDO.
4 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing, the public
hearing would no longer be a joint hearing.
Staff
proposes
this entire
section
for
deletion
(see
footnote
below)
54
(C) The minimum published size of the notice shall be 25 square inches.
(D) In the case of amendments to the Land Use Plan (map) Future Land Use Map 5, the
Planning Director shall prominently post a notice of the public hearing on the site
proposed for the land use classification change or on an adjacent public street or
highway right of way not less than ten days before the date set for the public hearing.
(1) When multiple parcels are included within a proposed Land Use Plan (map)
Future Land Use Map amendment, a posting on each individual parcel is not
required, but the county shall post sufficient notices to provide reasonable notice
to interested persons.
(E) In the case of amendments to the Land Use Plan (map) Future Land Use Map, written
notice of the public hearing shall be sent by first-class mail to all property owners, as
listed in the Orange County tax records, whose property is affected (property that is
included in the proposed land use plan Future Land Use Map amendment) and all
property owners within 500 feet. Said notice shall be mailed at least 14 days, but not
more than 25 days, prior to the date of the public hearing.
2.3.7 Consideration of Amendments 6
(A) Principal amendments shall generally only be considered only once each year at the first
quarterly public hearing in February of the calendar year, usually held in February 7.
(B) If a principal amendment is scheduled by the Board of County Commissioners 8 for other
than the February first quarterly public hearing of the calendar year, it shall be scheduled
during one of the quarterly public hearings held in May, August, and November later in
the year.
(C) Secondary amendments may be considered four times each year at the a quarterly joint
public hearings in February, May, August, and November as designated each year on the
Board of County Commissioners meeting calendar.
(D) A proposed amendment may be considered in conjunction with a rezoning request for the
same property if the requests are in compliance with an adopted small area plan.
(E) Requests for a rezoning not in compliance with an adopted small area plan, conditional
use district, and/or special use permit may only be considered at subsequent hearings or
meetings following approval of the proposed amendment to the Comprehensive Plan.
2.3.8 Application Requirements
(A) Generally
(1) All applications for amendments to the Comprehensive Plan shall be submitted
on forms supplied by the Planning Department and shall be signed.
(2) Three copies of the application shall be submitted to the Planning Director.
5 The name of this map was changed in the Comprehensive Plan in 2012 and should be updated here.
6 Staff proposes that (A), (B), and (C) of this section be deleted because staff believes that any proposed
amendment to the Comprehensive Plan should be able to be heard at any of the quarterly public hearings.
Allowing principal amendments “generally” only once per year imposes constraints. If there is not interest in
allowing consideration of any amendment at any of the four QPHs per year, then the language should eb modified
as shown.
7 Staff is suggesting the language be less constrictive in case the BOCC wants to move quarterly public hearing
dates in the future when the annual BOCC meeting calendar is created in the fall of each year. For example, this
was done for the public hearing that was formerly held in August of each year but is now held in September.
8 The BOCC does not schedule amendments (staff is responsible for doing so) but if a principal amendment were
proposed for a QPH other than the first hearing of the year, staff would coordinate with the Manager and
Chair/Vice-Chair to gain input into whether the application should be allowed to be heard at one of the three later
QPHs.
Staff
proposes
A, B, and
C for
deletion
(see
footnote)
55
(3) Before accepting any amendment application, the Planning Director shall ensure
that it contains all required information, as specified in this Ordinance.
Applications which are not complete, or otherwise do not comply with the
provisions of this Ordinance, shall not be accepted by the Planning Director, but
shall be returned to the applicant, with a notation by the Planning Director of the
deficiencies in the application.
(B) Contents of Application
Applications for amendments to the Comprehensive Plan, without limiting the right to file
additional material, shall contain at least the following:
(1) For amendments to the Land Use Plan (map) Future Land Use Map within the
Land Use Element, a map at a legible scale adequately illustrating the land which
would be covered by the proposed map amendment, and a complete list of
Property Identification Numbers (PIN) for the properties;
(2) For amendments to the Comprehensive Plan text, a copy of the existing text
provision(s) which the applicant proposes for amendment, and a written
statement which describes in detail changes which the applicant proposes to
make to the text of the Comprehensive Plan and the rationale for the proposed
amendment consistent with the standards established in this Ordinance; and
(3) All other circumstances, factors and reasons which the applicant offers in support
of the proposed Comprehensive Plan amendment.
2.3.9 Analysis and Recommendation
The Planning Director shall 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.
2.3.10 Planning Board Review
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings 60 calendar days 9 unless the Board of County
Commissioners grants an extension.
(C) If the Planning Board fails to make a recommendation within the time allotted in
subsection (B), the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.10
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board’s recommendation to the Board of
9 Staff is suggesting a shorter potential review period. In recent years, the BOCC has instructed the Planning Board
to return its recommendation by a date/time certain due to the case law requirement that public hearings be
adjourned to a date/time certain. Since the public hearing is now proposed to be closed the night of the hearing
and the requirement for only written comments after the public hearing is proposed for removal, the Planning
Board will need to know that recommendations must be made within 60 days.
10 Staff is suggesting that amendments initiated by the County have the same review time as applications
submitted by others.
56
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.11
(F) Interested persons may address the Planning Board at the Planning Board’s meeting and
public comments may be taken into consideration by the Planning Board in making its
recommendation.
(G) The Planning Board’s action on an application shall be one of the following:
(1) Make no recommendation,
(2) Recommend approval,
(3) Recommend denial, or
(4) Recommend approval but with specified changes.
2.3.11 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the a proposed
amendment until the Planning Board either makes its recommendation or takes no action
on the application as prescribed in this section Section 2.3.10.
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
(C) The Board of Commissioners, upon receipt of a recommended Comprehensive Plan or
portion thereof from the Planning Board, shall consider such recommendations and adopt
them by resolution, either unchanged or with modifications.
(D) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board’s recommendation, and the Planning Director’s
recommendation.
(E) The Board of County Commissioners is not bound by comments and recommendations
and may make a decision different from comments and/or recommendations it receives.
(F) Decisions shall normally be adopted by resolution except in cases where comprehensive
plan amendments are also included with Unified Development Ordinance amendments,
the comprehensive plan amendments may be incorporated into the ordinance approving
the other amendments.
SECTION 2.4: ZONING COMPLIANCE PERMITS
2.4.1 Applicability
(A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any
new site development, building, structure, or vehicular use area may be erected,
constructed or used.
(B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a
Zoning Compliance Permit except for:
(1) Single-family detached dwellings and duplexes, and accessory structures to
those residential uses shall require a plot plan as detailed within Section 2.4.3 of
this Ordinance.
In those instances, however, where the proposed level of land disturbance
exceeds established thresholds as detailed within Section 6.14.5 of the
11 Staff is suggesting that oral comments on legislative items could be made at the Planning Board meeting and
they would not also have to be submitted in writing. This will help alleviate the current awkward process of
leaving the public hearing open in order to receive written comments which necessitates items being placed on the
BOCC under the “public hearing” heading but with the note that no additional comments are accepted.
57
SECTION 2.7: SPECIAL USE PERMITS
2.7.1 Generally
(A) Any use or development designated by
applicable zoning district regulations
contained within Article 5 as a special
use, or as allowed only pursuant to a
special use permit (either Class A or
Class B), may be established in that
district only after the use or
development is authorized by a validly
issued and recorded special use
permit.
(B) This section sets forth required review
and approval procedures for submittal,
review, and approval of applications for
special use permit.
(C) A special use permit authorizes its
holder to use or develop a particular
parcel of land in a particular way, as
specified by the terms and conditions
of the special use permit.
(D) A special use permit imposes on its
holder the responsibility of ensuring
that the authorized use or development
continues to comply with the terms and
conditions of approval.
(E) Issuance of a special use permit does
not relieve the holder of the special use
permit of the additional responsibility of
obtaining a building permit or any other
permit or approval required by any
other applicable law.
2.7.2 Review and Approval Flow Chart
The review and approval process for Special
Use Permits is shown in the procedure’s
flowchart.
2.7.3 Application Requirements
(A) Applications for a Special Use shall be
submitted on forms provided by the
Planning Department in accordance
with Section 2.2 of this Ordinance.
(B) Applications shall include:
(1) A full and accurate description of the proposed use, including its location,
appearance, and operational characteristics.
(2) The name(s) and address(es) of the owner(s) of the property involved.
(3) Relevant information needed to show compliance with the general and specific
standards governing the Special Use (See Articles 5 and 6).
Application
Submittal
Class B SUP
scheduled for
review by
Board of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by
BOCC /
Planning Board
at a quarterly
public hearing
Staff Application Review and
Formal Recommendation
Planning Board recommendation
sent to County Commissioners for
decision
Application
forwarded to
Planning Board for
review and
recommendation
Board of
Adjustment
holds public
hearing in a
quasi-judicial
format and
renders a
decision on
application
Staff advertises
meeting (newspaper
ad, property posting,
adjacent property
letters)
Joint public
hearing held in
a quasi-
judicial format
to review
application
Special Use
Permit
See proposed revised
flow chart on next page
58
Application
Submittal
Class B SUP
scheduled for
review by
Board of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by
BOCC at a
quarterly
public hearing
Staff Application Review Analysis
BOCC decision
Planning Board for
review and
recommendation
Board of
Adjustment
holds public
hearing in a
quasi-judicial
format and
renders a
decision on
application
Legal ad, property
posting, adjacent
property letters
Quarterly public
hearing held in a
quasi-judicial
format to review
application
Special Use
Permit
Neighborhood Information Meeting
Post Sign / Mail Notice for
Neighborhood Info. Meeting
Proposed flow chart for Section 2.7.1
59
(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.
(1) Applications for agricultural support enterprise uses located within the Rural
Buffer land use classification, as depicted on the Future Land Use Map of the
adopted Comprehensive Plan, shall be forwarded to the County’s Agricultural
Preservation Board for review and comment.
(a) The Agricultural Preservation Board shall have 30 calendar days to
provide comments. If comments are not received within this timeframe,
the application review process shall not be delayed.
(b) For purposes of this subsection, agricultural support enterprise uses
shall be defined as those permitted in the ASE-CZ zoning district, as
detailed within Section 5.2.3 of this Ordinance.
(B) The Planning Director shall submit the analysis to the Board of County Commissioners
and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment,
in the case of Class B Special Uses.
(C) The appropriate Board reviewing the application shall receive and enter the analysis into
evidence during the public hearing. The analysis shall be subject to examination by all
interested parties and the Planning Director shall be subject to cross-examination
regarding the analysis.
(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 for a Special Use the applicant is required to
schedule a minimum of one neighborhood information meeting. The purpose of the
meeting is to obtain surrounding property owner input and comments on the proposed
development project and allow staff an opportunity to explain the review process
associated with the request.
60
(B) The applicant shall obtain property owner mailing address information from the Orange
County Planning Department, which shall utilize Orange County Land Records data, and
shall mail 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 applicant shall mail notice of the Neighborhood Information Meeting a minimum of 14
days prior to the date of the 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 45 days prior to the date of the Public Hearing.
(F) Neighborhood information meetings for telecommunication facilities shall be held in
accordance with the provisions of Section 5.10.8 (B) (2).
2.7.6 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.
2.7.7 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.
2.7.8 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) Barring the presentation of non-expert opinion,
(3) Interrupting digressions into immaterial testimony,
(4) Interrupting repetitive testimony,
61
(5) Reasonably limiting the time allotted each witness or cross-examination,
(6) Providing for the selection of spokespersons to represent groups of persons with
common interests,
(7) Interrupting personal attacks, and/or
(8) Ordering an end to disorderly conduct.
(E) Where the Board finds compliance with the general standards, specific rules governing
the specific use, and that the use complies with all required regulations and standards,
the application must be approved unless the Board shall also find, in some specific
manner, that:
(1) the use will not maintain or promote the public health, safety and general
welfare, if located where proposed and developed and operated according to the
plan as submitted.
(F) Those opposing approval of the application on the grounds that the use will not promote
the public health, safety and general welfare shall have the burden of establishing, by
competent material and substantial evidence, the specific manner in which the proposed
use does not satisfy the requirements for approval of the application for a Special Use.
2.7.9 Review and Decision
(A) For Class A Special Use permits, the following shall apply:
(1) The Board of County Commissioners and Planning Board shall review the
application during a regularly scheduled public hearing one of the four quarterly
public hearings that occur each calendar year.
(a) A quorum of Planning Board members shall not be necessary to conduct
the public hearing.
(b) At the conclusion of the hearing, the hearing shall be closed unless the
Board of Commissioners requests additional information in which case
the hearing shall be adjourned to a date/time certain.
(c) The date/time certain shall be either a regularly scheduled Board of
County Commissioners meeting or a future quarterly public hearing.12
(2) Following review at a public hearing, the Special Use permit application shall be
referred to the Planning Board for its consideration and recommendation.
(3) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does
not so direct, the Planning Board shall make its recommendation within three
regularly scheduled meetings 60 calendar days.
(4) If the Planning Board fails to make a recommendation within the time allotted
within subsection (3) above, the application shall be forwarded to the Board of
County Commissioners without a Planning Board recommendation.
12 (a) of this subsection is a change from the current process which allows information to be submitted in writing.
Staff believes that having quasi-judicial evidence presented at a subsequent hearing is a better process for quasi-
judicial items. Additionally, it will alleviate the awkward process of keeping a hearing open in order to receive any
submitted written comments and placing those items on “public hearing” portion of the BOCC agenda but with a
note that no additional comments are accepted. (b) of this subsection clarifies that the subsequent hearing can be
either a regular meeting date or a future QPH. This decision would be made by the BOCC the night of the initial
hearing and would depend on the complexity of additional information requested.
62
(5) The Planning Board meeting is not quasi-judicial in nature and interested
persons may address the Planning Board at the Planning Board’s meeting.
However, speakers shall be informed regarding the difference between hearsay
and testimony and shall be told that hearsay cannot form the basis of a decision.
(6) The Planning Board’s shall make a general recommendation on the application
but shall not make the findings required in Section 5.3.2(A). The Planning
Board’s action on an application shall be one of the following:
(a) Make no recommendation,
(b) Recommend approval,
(c) Recommend denial, or
(d) Recommend approval but with specified changes.
(7) After receipt of any Planning Board recommendation and closure of the public
hearing, the Board of County Commissioners shall take action upon the
application. This action shall be one of the following:
(a) Approval;
(b) Approval with conditions; or
(c) Denial.
(B) For Class B Special Use Permits, the following shall apply:
(1) The Board of Adjustment shall review the application during a regularly
scheduled public hearing.
(2) The Board of Adjustment shall conduct the hearing in accordance within the
provisions detailed in this Section as well as those contained within Section 2.12.
(3) After completion of the public hearing, the Board of Adjustment shall take action
upon the application. This action shall be one of the following:
(a) Approval;
(b) Approval with conditions; or
(c) Denial.
2.7.10 Standards of Evaluation
The following specific standards shall be used in deciding on an application:
(A) The project meets all applicable design standards and other requirements of this
Ordinance.
(B) The development can reasonably be completed within the vesting period requested, if
any.
(C) Where vesting in excess of two years is requested, the project is located in an area
where current issues under study do not involve potential amendments to the
Comprehensive Plan and/or this Ordinance.
2.7.11 Required Findings
(A) A resolution or motion to approve the application must include the findings of fact and
conclusions of law that support the decision. Any proposed conditions of approval must
also be included in the resolution or motion to approve the application.
(B) A resolution or motion to deny the application must state findings of fact and conclusions
of law that support the decision.
(C) If a resolution or motion to approve the application fails, the application is deemed
denied. Those members voting against the resolution or motion must state which of the
63
2.8.3 Contents of Application
Applications shall contain the following:
(A) For amendments to the Zoning Atlas:
(1) A map at a legible scale showing the land which
would be covered by the proposed amendment,
and
(2) A legal description of the land.
(B) For amendments to the Unified Development Ordinance
text:
(1) A copy of the existing text provision(s) which the
applicant proposes for amendment, and
(2) A written statement which describes in detail the
changes the applicant proposes to make.
(C) The alleged error in the Zoning Atlas and/or Unified
Development Ordinance text that would be corrected by
the proposed amendment with a detailed explanation of
such error in the Zoning Atlas and/or Unified
Development text and detailed reasons how the
proposed amendment will correct the alleged error;
(D) The changed or changing conditions, if any, in the area
or in the County generally, which makes the proposed
Zoning Atlas and/or Unified Development Ordinance text
amendment reasonably necessary to promote the public
health, safety and general welfare;
(E) The manner in which the proposed Zoning Atlas and/or
Unified Development Ordinance text amendment will
carry out the intent and purpose of the adopted
Comprehensive Plan or part thereof; and
(F) A traffic impact study as required by Section 6.17.
(G) For amendments to the Special Flood Hazard Area Overlay District, pertaining to a Letter
of Map Amendment:
(1) An elevation certificate with either an MT-1, MT-2, or MT-EZ (forms available
through FEMA), or
(2) A “No-Impact” analysis for a Letter of Map Revision.
(H) All other circumstances, factors and reasons that the applicant offers in support of the
proposed Zoning Atlas and/or Unified Development Ordinance text amendment.
2.8.4 Applications for Amendment – Joint Planning Area
Applications for amendments to the Orange County Unified Development Ordinance and Zoning
Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development
Ordinance (and Zoning Maps) and/or the Carrboro Land Use Ordinance (and Zoning Maps) shall
be processed as specified herein and as specified in the Joint Planning Agreement adopted
November 2, 1987, and as amended from time to time.
Any text amendments adopted by Orange County shall be adopted by reference as though fully
set forth herein. Any map amendments adopted by Orange County shall be officially denoted on
the County Zoning Atlas. Where there is inconsistency between the amendment procedures
contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint
Planning Agreement shall apply.
Decision by the BOCC
Staff Assessment
and Analysis
Planning Board Review
and Recommendation
Schedule/Advertise
Public Hearing and
Mail Required
Notifications
Hold Public Hearing
and Receive Public
Comments
Zoning Atlas and
UDO Amendments
Application
Submittal See proposed revised
flow chart on next page
64
Decision by the BOCC
Staff Analysis
Planning Board Review
and Recommendation
Legal Ad for Public Hearing
and Mail Required
Notifications
Hold Public Hearing and
Receive Public Comments
Zoning Atlas and
UDO Amendments
Application
Submittal
Neighborhood Information Meeting
(if required)
Post Sign / Mail Notice for
Neighborhood Info. Meeting (NIM) (if
required – conditional districts only)
Staff
Recommendation
Proposed flow chart for Section 2.8.3
65
2.8.5 Review, Analysis and Recommendation
(A) The Planning Director shall 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.
(B) Applications for agricultural support enterprise uses located within the Rural Buffer land
use classification, as depicted on the Future Land Use Map of the adopted
Comprehensive Plan, shall be forwarded to the County’s Agricultural Preservation Board
for review and comment.
(1) The Agricultural Preservation Board shall have 30 calendar days to provide
comments. If comments are not received within this timeframe, the application
review process shall not be delayed.
(2) For purposes of this subsection, agricultural support enterprise uses shall be
defined as those permitted in the ASE-CZ zoning district, as detailed within
Section 5.2.3 of this Ordinance.
2.8.6 Public Hearing Required
(A) A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment
and/or text amendment to this Ordinance. The Board of County Commissioners and the
Planning Board 13 shall hear applications and receive public comment for Zoning Atlas
amendments and/or text amendments to this Ordinance in a Quarterly Public Hearing.
(B) The public hearing is legislative in nature and the hearing shall normally be closed at the
conclusion of the hearing. Closure of a legislative hearing does not bar discussion of an
application outside of the public hearing setting.
(C) A quorum of Planning Board members shall not be necessary to conduct the public
hearing.
2.8.7 Notice of Public Hearings
(A) Notice of the public hearing to review the application and receive public comment shall be
published at least twice in a newspaper of general circulation in the county, stating the
time and place of the hearing and the substance of the proposed amendment.
(B) Said notice shall appear in said newspaper for two successive weeks with the first notice
appearing not less than ten days nor more than 25 days before the date set for the public
hearing. In computing the notice period, the day of publication is not to be included, but
the day of the hearing is to be included.
(C) In the case of amendments to the zoning atlas, 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) In the case of amendments to the Zoning Atlas, written notice shall be sent by certified
mail to the affected property owner and all adjacent property owners at least 15 days, but
not more than 25 days, before the public hearing date. Adjacent property owners are
those whose names and addresses are currently listed in the Orange County tax records
and whose property lies within 500 feet of the affected property.
(E) If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by
first class mail to all affected property owners and to all adjacent property owners within
500 feet as provided in (D) above.
(F) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
13 Since a quorum of Planning Board members will no longer be necessary to hold a public hearing, the public
hearing would no longer be a joint hearing.
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2.8.8 Planning Board Review
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
(B) The Board of County Commissioners may direct the Planning Board to provide a
recommendation by a date certain. If the Board of County Commissioners does not so
direct, the Planning Board shall make its recommendation within three regularly
scheduled Planning Board meetings 60 calendar days 14.
(C) If the Planning Board fails to make a recommendation within the time allotted in
subsection (B) above, the application shall be forwarded to the Board of County
Commissioners without a Planning Board recommendation.
(D) Amendments initiated by Orange County shall not be subject to time limitations other
than those specified by the Board of County Commissioners during the public hearing
process.15
(E) Evidence not presented at the public hearing may be submitted in writing to the Planning
Board for consideration prior to the Planning Board’s recommendation to the Board of
County Commissioners. The Planning Board may consider additional oral evidence only
if it is for the purpose of presenting information also submitted in writing.16
(F) Interested persons may address the Planning Board at the Planning Board’s meeting and
public comments may be taken into consideration by the Planning Board in making its
recommendation.
(G) The Planning Board’s action on an application shall be one of the following:
(1) Make no recommendation,
(2) Recommend approval,
(3) Recommend denial, or
(4) Recommend approval but with specified changes.
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the a proposed
amendment until the Planning Board either makes its recommendation or takes no action
on the application as prescribed in Section 2.8.8(C).
(B) In making its decision, the Board of Commissioners shall consider all relevant evidence
presented at the public hearing and any submitted written evidence that was considered
by the Planning Board in making its recommendation.
(C) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board’s recommendation, and the Planning Director’s
recommendation.
14 Staff is suggesting a shorter potential review period. In recent years, the BOCC has instructed the Planning
Board to return its recommendation by a date/time certain due to the case law requirement that public hearings
be adjourned to a date/time certain. Since the public hearing is now proposed to be closed the night of the
hearing and the requirement for only written comments after the public hearing is proposed for removal, the
Planning Board will need to know that recommendations must be made within 60 days.
15 Staff is suggesting that amendments initiated by the County have the same review time as applications
submitted by others.
16 Staff is suggesting that oral comments on legislative items could be made at the Planning Board meeting and
they would not also have to be submitted in writing. This will help alleviate the current awkward process of
leaving the public hearing open in order to receive written comments which necessitates items being placed on the
BOCC under the “public hearing” heading but with the note that no additional comments are accepted.
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(D) The Board of County Commissioners is not bound by comments and recomm endations
and may make a decision different from comments and/or recommendations it receives.
2.8.10 Text Revisions Pertaining to Soil Erosion and Sedimentation Control Provisions
(A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control
Commission’s revisions to the State’s Model Soil Erosions and Sedimentation Control
Ordinance and, within 90 days of receipt of the recommended revisions, submit draft
amendments to the North Carolina Sedimentation Control Commission for its
consideration and comments.
(B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission’s
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments to this Ordinance for soil erosion and sedimentation control provisions
shall comply with the requirements in effect for any other text amendment.
2.8.11 Text Revisions Pertaining to Stormwater Provisions
(A) The Erosion Control Officer shall review all of the State Environmental Management
Commission's revisions to the State’s Model Stormwater Ordinance and, within 90 days
of receipt of the recommended revisions, submit draft amendments to the State
Environmental Management Commission for its consideration and comments.
(B) Within 150 days after receipt of the State Environmental Management Commission's
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(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
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2.11.3 Stay on Further Proceedings
(A) An appeal to the Board of Adjustment from a decision or determination of the Planning
Director stays all proceedings in furtherance of the decision or determination appealed
from, except as provided herein.
(B) An appeal to the Board of Adjustment of a determination or decision of the Planning
Director shall not stay further proceedings in furtherance of the decision or determination
appealed from, if the Planning Director certifies to the Board of Adjustment in an affidavit
either:
(1) A stay would cause imminent peril to life or property, or
(2) The situation appealed from is transitory in nature and, therefore an appeal
would seriously interfere with enforcement of the Ordinance.
(C) In either instance, the Planning Director shall place in the determination facts to support
the conclusion if (B)(1) and/or (B)(2) are invoked.
(D) If (B)(1) and/or (B)(2) are invoked, and approved by the Board of Adjustment,
enforcement proceedings shall not be stayed except through the issuance of a restraining
order issued by a court of competent jurisdiction. If enforcement proceedings are not
stayed, the appellant may file a request for an expedited hearing of the appeal.
2.11.4 Review Procedures
(A) Applications for an appeal of an interpretation shall be reviewed and acted upon by the
Board of Adjustment in accordance with the procedures contained in Section 2.12 of this
Ordinance.
(B) The conduct of the hearing shall be consistent with the provisions of Section 2.12 of this
Ordinance.
(C) The Planning Director shall complete an assessment of the application and provide a
recommendation on the disposition of the application. The assessment shall include all
relevant facts utilized in rendering the disputed decision and the rationale for the
interpretation made by the Planning Director.
(D) The assessment shall be introduced at the hearing and become part of the record.
(E) Upon hearing all evidence associated with the application, the Board of Adjustment shall
close the hearing and render a decision on the matter to affirm, modify, or reverse the
decision of the Planning Director.
2.11.5 Findings of Fact
The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order
to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the
necessary justification for the Board’s action based on the testimony and evidence entered into
the record during the hearing.
2.11.6 Notice Requirements
Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.2.6 2.12.6 17
are not applicable to applications for an appeal of an interpretation.
SECTION 2.12: BOARD OF ADJUSTMENT
2.12.1 General Provisions
(A) The Board shall act on all applications before it.
17 Typographical error that staff recommends correcting as part of this amendment package.
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(4) Historic properties,
(5) Scenic corridors,
(6) Known bird migratory patterns through the County,
(7) Voluntary Agricultural Districts, and
(8) Publicly-owned or quasi-public lands.
(C) In order to participate in the Plan, all owner(s), or their legally binding representatives,
shall submit an application on a form prepared by the Planning Department requesting
inclusion.
(D) All telecommunication providers who elect to construct facilities on properties in the Plan
shall provide all necessary and requested information to the County's
telecommunications consultant.
(E) Modification of the Plan may be considered annually at the February first Quarterly Public
Hearing of the calendar year, normally held in February. Any applicant requesting
modification of the Plan shall make application to the Planning Director on or before
December 1st of each year. The fee for modifying the Plan shall be that as set forth in
the Orange County Schedule of Fees.
(F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a
notarized statement requesting same. Upon receipt of the request, including any fee for
modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning
Director shall inform interested parties that the property has been withdrawn from
consideration. Removal of the property from the Plan shall be processed as a
modification as detailed herein.
5.10.3 Annual Telecommunications Projection Meeting (ATPM)
(A) Purpose and Outcome
(1) The purpose of the ATPM meeting is to allow for a complete review of collocation
opportunities, address coverage issues, and discuss the location of needed
telecommunication support structures with providers who intent on submitting
development applications for action by the County. The intended outcome of the
meeting is to allow the County and interested parties to develop a plan for facility
deployment within the County that provides reasonable coverage based on the
needs of the County and its residents, while minimizing the total number of
needed telecommunication support facilities, including minimizing the
intrusiveness of such facilities, and encouraging the development of a more
efficient telecommunication network.
(2) The intended outcome of the meeting is an understanding amongst the Planning
Director and providers on areas of the County where telecommunication support
facilities are needed and application request for the year should be focused.
(B) Applicability
(1) By December 31st of each calendar year, telecommunication providers shall
submit to the Planning Director a plan indicating proposed search rings for
anticipated telecommunication support structures. This plan shall identify areas
where providers are looking to locate facilities, as well as identify those areas of
the County that are underserved by existing facilities.
(2) As of the effective date of this Ordinance amendment any pending applications
that have not received a zoning compliance permit or a special use permit shall
meet all requirements of this Ordinance, including, but not limited to submission
deadlines, application standards and processing, excluding the ATPM
requirement.
(C) Meeting Specifics
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PLANNING BOARD POLICIES AND PROCEDURES
SECTION I: SCOPE
A. Purpose
1. To establish a policy and procedures whereby the Orange County
Board of Commissioners will establish the specific policies and
procedures governing the Planning Board.
2. The Orange County Board of Commissioners may appoint an advisory
board whose duty is to serve in an advisory capacity to Orange County
Board of Commissioners.
B. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards.
2. The Orange County Advisory Board Policy serves as the underlying
policy document to which the Planning Board, in addition to this policy
and procedure document, is subject. The Orange County Advisory
Board Policy is attached hereto as “Exhibit A”.
3. In the event that there is a conflict between the Orange County
Advisory Board Policy and this Policies and Procedures document this
Policies and Procedures document shall control.
C. Charge
1. The charge of the Planning Board is contained in Section 1.6.3 of the
Orange County Unified Development Ordinance.
The purpose for which the Planning Board was formed: to serve in an
advisory capacity to the Orange County Board of Commissioners in
regards to planning, zoning, and subdivision matters, as provided in
Section 1.6.3 of the Orange County Unified Development Ordinance.
SECTION II: GOALS AND OBJECTIVES
A. Goals
1. The Planning Board shall carry out the duties contained in Section
1.6.3 of the Orange County Unified Development Ordinance to the best
of its ability.
B. Objectives
1. Acting under the directives of the Board of County Commissioners and
with County staff, the Planning Board shall pursue the duties contained
in Section 1.6.3 of the Orange County Unified Development Ordinance.
SECTION III: MEMBERSHIP
Attachment 4
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A. Authority
1. North Carolina General Statute 153A-76 grants boards of county
commissioners the authority to establish advisory boards and to
appoint members to and remove members from those advisory boards.
In acting on this authority the Orange County Board of Commissioners
hereby establishes certain general conditions to which applicants and
members of advisory boards should conform.
B. Composition
1. Planning Board composition is detailed in Section 1.6.1 of the Orange
County Unified Development Ordinance. Additional membership
requirements are listed in said Section of the UDO.
2. The Planning Board does not have alternate members.
C. Chair, Vice Chair, and Secretary
1. The Planning Board shall elect by majority vote a Chair and Vice Chair
from among its members at the regular meeting in January of each
year.
2. Chair and Vice Chair terms of office shall correspond to the
requirements of the Orange County Advisory Board Policy.
3. The Secretary of the Planning Board shall be the Planning Director or
his/her designee.
4. The Chair and Secretary shall ensure that each Planning Board
member is presented with a copy of the Planning Board’s charge,
scope of authority, membership responsibilities, and code of conduct
when the Planning Board member is appointed to the Planning Board.
5. The Planning Board Chair, or Vice Chair in the Chair’s absence, shall
attend quarterly public hearings and Board of County Commissioners
meetings at which a decision is scheduled for items on which the
Planning Board has made a recommendation.1
SECTION IV. MEETINGS
A. Staffing
1. The Planning Director shall perform the duties set forth in Section
1.6.4 of the Orange County Unified Development Ordinance.
B. Agendas
1. Items for agendas shall be approved by the Planning Board Chair and
staff.
1 The new requirement was suggested at the May 12, 2015 BOCC work session when the BOCC discussed the
public hearing process.
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2. The designated staff will develop and distribute to each member an
agenda listing the matters to be considered at upcoming advisory
board meetings. The regular meeting agenda and materials shall be
distributed at least seven (7) calendar days before the regular meeting
C. Date, Time, and Location of Regular Meetings
1. Regular Meetings of the Planning Board shall be held on the first
Wednesday of each month. The start time and location of the meeting
shall be included on the agenda and shall typically be 7:00 p.m. at the
Orange County West Campus Office Building located at 131 West
Margaret Lane, Hillsborough. The Planning Board Chair, in
consultation with staff, shall have the authority to change the start time
and location of a regular meeting to meet any special circumstances,
provided the information is included on the distributed agenda.
D. Notice of Meetings
1. Notice of regular Planning Board meetings and agendas shall be made
available to all members and interested parties, and to any person who
requests such notice, at least seven (7) days in advance of the
meeting by e-mail and by posting on the Orange County government
website.
2. Notice of public hearings shall conform to the notice requirements of
Section 2.3.6 and/or 2.8.7, as applicable, of the Orange County Unified
Development Ordinance.
3. Agenda materials for public hearings shall be distributed to Planning
Board members and posted on the Orange County government
website for interested parties a minimum of ten (10) calendar days
prior to the public hearing.
SECTION V. ORIENTATION
A. Attendance
1. Each member shall attend an orientation presented by the Orange
County Staff to familiarize the advisory board members with the
operation of County government, the Planning Department rules, and
the operating procedures of the advisory board.
2. Each voting member will be encouraged to complete the orientation
within six weeks of his or her appointment and participate in at least
one meeting with the staff.
SECTION VI. BY-LAWS
A. By-Laws
1. Any Bylaws adopted by the Planning Board are void and no further
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bylaws shall be adopted. Procedure shall be governed solely by this
policy document and the General Advisory Board Policy Document.
2. Should the Planning Board determine modifications to policies and
procedures are necessary the Planning Board may petition the Board
of County Commissioners for such modifications.
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