HomeMy WebLinkAboutORC agenda 080515ORANGE 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, August 5, 2015
Ordinance Review Committee Meeting – 6:30 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on 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. 3 - 67 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – PUBLIC
HEARING PROCESS REVISIONS
To continue review and comment upon proposed amendments to the
UDO to revise the public hearing process.
Presenter: Perdita Holtz, Planning Systems Coordinator
3. ADJOURNMENT
1
2
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 5, 2015
Action Agenda
Item No. 2
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 for
Legislative Items)
3. Draft UDO Text Amendment – Option B
(Planning Board Review/
Recommendation Later in Process for
Both Legislative and SUP Items)
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) for legislative items while Option B (Attachment 3) would retain the existing
cadence of having the Planning Board make its recommendation after the public hearing. The
current cadence of having the Planning Board make its recommendation on Special Use Permit
items after the evidentiary hearing would remain as is in both Options.
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 are
proposed to reflect discussion by the BOCC at its May 12, 2015 work session and to address
comments made by Planning Board members regarding Neighborhood Information Meetings.
These revisions are part of both amendment packages.
The Ordinance Review Committee (ORC) began review of the text amendments at its meeting
on July 1. Since that time, staff and attorney comments have been received. These comments
3
have resulted in numerous revisions to the version the ORC reviewed in July. The revisions
would not easily lend themselves to being tracked in a different color, so tracking was not done.
Staff is specifically requesting input on three aspects of the amendments which are noted with
green highlighting in the amendment packages. Staff would also like to remind the ORC that
the purpose of ORC meetings is for Planning Board members to have an opportunity to shape
materials going forward to public hearing. It is not necessary at this point for Planning Board
members to have preferences on which option they prefer as both options will be presented for
comment at public hearing in September. The Planning Board will then make its
recommendation at its October 7 meeting. The materials are also subject to further revisions
prior to the public hearing as a result of ongoing discussions between Planning and Attorney
staff members.
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.
RECOMMENDATION(S): The Planning Director recommends the Ordinance Review
Committee review and comment on the proposed amendments to the UDO.
.
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1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-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: 1) 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, and 2)
encourage Planning Board members to attend Neighborhood
Information Meetings.
B. RATIONALE
• Purpose/Mission
To consider changes to the current public hearing process for Comprehensive Plan,
Attachment 1 5
2
Unified Development Ordinance, and Zoning Atlas amendments. The current public
hearing process is comprised of joint quarterly public hearings with the Planning
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 and August 5, 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
6
3
Mission/Scope: Public Hearing process consistent with NC State Statutes and
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 and August 5, 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:
7
4
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
8
Amendment Package to Revise the Existing Public Hearing Process
(Option A – Planning Board Review/Recommendation Before Public Hearing
for Legislative Items)
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 for legislative items. The cadence for Class A Special Use Permits (SUPs)would not be
revised; the Planning Board would continue to make its recommendation on SUPs after the
quasi-judical public hearing held by the Board of County Commissioners.
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.
9
Article 1: Administration
Section 1.6: Planning Board
Orange County, North Carolina – Unified Development Ordinance Page 1-11
(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.
10
Orange County, North Carolina – Unified Development Ordinance Page 2-1
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 3]
Class A
DM and
PH
Class A
Zoning Variances R R DM and PH
Conditional Use R R R R [1 3] 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.
[3] The Planning Board reviews applications and makes a recommendation after the public hearing held by the
Board of County Commissioners.
11
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-4
(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.
2.2.9 Manner of Review 2
Applications requiring a public hearing shall be
reviewed using either a legislative process or a
quasi-judicial process as follows:
(A) Comprehensive Plan amendments –
legislative
(B) Special Use Permits – quasi-judicial
(C) Zoning Atlas and Unified Development
Ordinance amendments – legislative
(D) Conditional Use District (CUD) – rezoning
portion is legislative; Special Use Permit
portion is quasi-judicial
(E) Conditional Zoning District (CZD) -
legislative
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
2 Proposed to be added to provide clarity on which type of review process is used for the various types of
applications that require a public hearing. Staff is not suggesting adding the specifics of each process in the UDO
as specifics may change as case law is made or State statutes are modified.
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
12
BOCC Decision
Application
Submittal
Text Future Land Use Map
Map Amendments:
Publish Legal Ad
Post Sign
Mail Notice
Text
Amendments:
Publish Legal Ad
Quarterly Public
Hearing
Staff and Planning Board
Recommendation to BOCC
Comprehensive
Plan
Amendments
Post Sign / Mail Notice
for Planning Board
Meeting
Development Advisory
Committee Meeting
Staff Recommendation to
Planning Board
Planning Board Review
and Recommendation
Proposed flow chart for Section 2.3.1
13
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-5
(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
(A) An amendment to the Comprehensive Plan or portion thereof may be initiated by:
(1) The Board of Commissioners on its own motion;
(2) The Planning Board;
(3) Application, by any person or agency, which accurately and completely sets forth
the reason(s) for the proposed amendment as prescribed in Section 2.3.2(B); or
(4) The Planning Director.3
(B) Once initiated, all amendments shall be referred to the Planning Board.4
2.3.4 Classification of Amendments 5
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.
3 (1) through (4) are currently (A) through (D). This section has been reformatted on the advice of the Staff
Attorney.
4 These proposed revisions here and on subsequent pages 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
for legislative items. 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, the public 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.
5 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 Section 2.3.4 is
deleted, subsequent sections would be renumbered and section reference updates might occur in other
sections/articles of the UDO.
Staff
proposes
this
entire
section
for
deletion
(see
footnote
below) –
request
ORC
comment
14
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-6
2.3.5 Public Hearing Required 6
A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment.
The Board of County Commissioners and the Planning Board 7 shall hear applications and receive
public comment for proposed Comprehensive Plan amendments in a Quarterly Public Hearing.
2.3.6 Notice Requirements for Planning Board Meetings and Public Hearings 8
(A) The Planning Director shall provide notification of Planning Board meetings at which the
Planning Board is to review and make a recommendation on Future Land Use Map
amendments. Notifications shall be mailed and posted for the Planning Board meeting in
the same manner as for the public hearing, as detailed in (D) below. The notice shall
include the time and location of the Planning Board meeting.9
(B) The Planning Director shall provide public notice for any Comprehensive Plan
amendment to be heard at a Quarterly Public Hearing. The notice shall include the time
and location of the public hearing.10
(C) For all proposed amendments, Notice 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.11
(1) 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) The minimum published size of the notice shall be 25 square inches.12
(D) In the case of For amendments to the Land Use Plan (map) Future Land Use Map 13, the
Planning Director shall provide additional notice with the following:14
(1) prominently post a notice of the public hearing on the site proposed for the land
use change affected parcel or on an adjacent public street or highway right of
way not less than ten days before the date set for the public hearing.
6 Staff notes that public hearings are not required by State statutes for Comprehensive Plan amendments but
Orange County chooses to hold public hearings on amendments to the Comprehensive Plan.
7 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.
8 Staff notes there are no statutory requirements to provide notice of Comprehensive Plan amendments (since
statutes do not require public hearings for Comprehensive Plans), however, Orange County chooses to provide
notice regarding Comprehensive Plan amendments to property owners/residents in the same manner zoning and
UDO amendments (which are required by statutes to be noticed) are noticed.
9 The Planning Board has stated that it would like the public to have notice of its meetings when it is considering
amendments so the public can attend the meetings and provide comments if desired. This will result in two
mailed notifications/sign posting for Future Land Use Plan amendments unless there is interest in combining the
notices into one. This can be done for Comprehensive Plan amendments since State statutes do not require
notices nor notice timelines. Staff requests ORC input.
10 Proposed addition made by the Staff Attorney.
11 This language is currently (A) but has been automatically re-numbered due to a new (A) and (B) being proposed
for addition.
12 (C)(1) and (C)(2) are currently (C) and (D) but have been recommended as subparagraphs by the Staff Attorney.
13 The name of this map was changed in the Comprehensive Plan in 2012 and should be updated here.
14 Proposed changes suggested by the Staff Attorney to clarify the existing language.
15
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-7
(a) When multiple parcels are included within a proposed Land Use Plan
(map) [Future Land Use Map] amendment affected, a posting on each
individual parcel is not required, but the county shall post sufficient
notices shall be posted to provide reasonable notice to interested
persons.
(2) 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 or within 500 feet of the affected parcel(s).
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 15
(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 16.
(B) If a principal amendment is scheduled by the Board of County Commissioners 17 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.18
(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.19
2.3.8 Application Requirements
(A) Generally
15 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 be modified
as shown. If (A), (B), and (C) are deleted, the following language should become a new (A): A proposed
amendment may be considered at any Board of County Commissioners meeting designated as a Quarterly Public
Hearing.
16 Staff is suggesting the language be less restrictive 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.
17 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.
18 The Staff Attorney has recommended deletion of this provision due to concerns over who determines
compliance with a small area plan and how compliance is determined.
19 The Staff Attorney has recommended deletion of this provision because of the modification made in (D). If the
modification in (D) is not made, the language of (E) should be modified because of the concern that a restriction on
a rezoning application has been placed in the Comprehensive Plan amendment section.
Staff
proposes A,
B, and C for
deletion
(see
footnote) –
request
ORC
comment
16
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-8
(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.
(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 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
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) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
17
Article 2: Procedures
Section 2.4: Zoning Compliance Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-9
(B) The Planning Board shall review and comment on applications and shall make one of the
following recommendations prior to the quarterly public hearing:
(1) Recommend approval,
(2) Recommend denial,
(3) Recommend approval but with specified changes.
(4) Recommend the Planning Board be given extended time to consider the
matter.20
(C) Should the Planning Board fail to make a recommendation prior to the quarterly public
hearing, the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.21
2.3.11 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of proposed
amendment until hold a public hearing after the Planning Board either makes its
recommendation or takes no action on the application as prescribed in this section within
30 days of its referral.22
(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) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) 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.
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.
20 The previous version the ORC reviewed proposed to allow the Planning Board to make a preliminary
recommendation and request that the BOCC refer the application back to the Planning Board of significant new
information were presented at the public hearing. The Staff Attorney has suggested that, because the BOCC
always has the procedural right to send an application back to the Planning Board, that the previously proposed
possibility be removed and replaced with the language shown in (4). Additionally, the Staff Attorney has
recommended that procedural rights not be codified in the UDO; this has resulted in some changes from the
version the ORC reviewed in July 2015. Some procedural aspects of the process will be available via “cheat
sheets” the night of the Planning Board meeting and/or public hearing.
21 This paragraph is a slight modification from existing paragraph (C), which is proposed to be deleted. It addresses
what happens in the event the Planning Board fails to make a recommendation (namely, that the process moves
forward without a Planning Board recommendation).
22 The Staff Attorney has suggested this paragraph be rephrased to make it affirmative.
18
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-19
(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.
(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.
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
19
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
Application
Submittal
Schedule Class B SUP
NIM, DAC & Board of
Adjustment quasi-
judicial hearing
Schedule Class A SUP
NIM, DAC & BOCC
quasi-judicial hearing
BOCC decision
Planning Board for
review and
recommendation
Board of
Adjustment
decision
Post Sign & Mail Notice for
Public Hearing
BOCC holds quasi-
judicial hearing at
quarterly public
hearing and
continues hearing to
date/time certain
Special Use
Permit
Neighborhood Information Meeting
Post Sign & Mail Notice for
Neighborhood Information
Meeting (NIM)
Development
Advisory
Committee
(DAC) Meeting
Staff Review/
Analysis Begins
BOA holds quasi-
judicial hearing
Hearing resumes
at regular BOCC
meeting
Proposed flow chart for
Section 2.7.1
20
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-20
(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.
(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
21
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-21
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).
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, evidence in the form of 23 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.24
(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.
23 The Staff Attorney has suggested this language modification since SUP applications are quasi-judicial in nature
and require testimony rather than comments.
24 The Staff Attorney has suggested that legal advertisements for quarterly public hearings not include SUP
applications since the general public does not have standing in such matters and cannot participate. (State
Statutes do not require legal ads for SUP applications). As shown in the remainder of this section, a notice would
still be posted on the affected parcel and adjoining property owners would receive mailed notification of the
hearing date (which they would also have been informed of via the Neighborhood Information Meeting materials).
22
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-22
(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.
2.7.9 Review and Decision
(A) For Class A Special Use permitsPermits, the following shall apply:
(1) The Board of County Commissioners and Planning Board 25 shall review the
application during a regularly scheduled public hearing a meeting designated as
a Quarterly Public Hearing.
(2) All evidence shall be submitted during the public hearing. If additional evidence
is requested during a hearing which must be submitted at a later date, the
hearing shall be continued to a date/time certain in order to receive the additional
evidence.26
25 While the Planning Board is expected to attend the public hearing to hear evidence, a quorum of Planning Board
members will not be necessary in order to conduct the hearing.
26 In order to meet legal requirements for quasi-judicial proceedings, staff is suggesting this proposed language.
Evidence would no longer be allowed to be submitted in writing after the quasi-judicial hearing. Instead,
additional evidence would have to be presented by experts at a subsequent hearing (which does not necessarily
have to be a quarterly public hearing date).
23
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-23
(3) Following review submission of all evidence at a public hearing the Special Use
permit Permit application shall may27 be referred to the Planning Board for its
consideration and recommendation.
(a) The public hearing may be continued to a date/time certain in order to
receive the Planning Board’s recommendation.
(4) 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.28
(i) 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 public hearing
will resume without a Planning Board recommendation.29
(5) The Planning Board shall consider only the evidence presented to the Board of
County Commissioners at the public hearing.30
(6) The Planning Board shall make a recommendation and proposed findings of fact
on the application, including the findings required in Section 5.3.2 of this
Ordinance 31. The Planning Board’s action on an application shall be one of the
following:
(a) Recommend approval based on proposed findings of fact,
(b) Recommend denial based on proposed findings of fact,
(c) Recommend approval based on proposed findings of fact but with
specified conditions.
(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.
27 The Staff Attorney has suggested this language modification in order to allow for flexibility by the BOCC in cases
that have no or little controversy.
28 Because public hearings must be kept open to a date/time certain, this paragraph is obsolete and should be
deleted.
29 Currently, the language in (i) is (4) in the adopted UDO. It is suggested to be moved to under the new (a) in
order to flow better. Language modifications have been suggested by the Staff Attorney.
30 Language suggested by the Staff Attorney.
31 The Planning Board has expressed strong feelings about continuing to make a recommendation of the required
findings in Section 5.3.2. Because the recommendation needs to be based on the evidence presented at the
hearing, the Planning Board recommendation must occur after the evidentiary hearing. This is necessary because
applicants and opponents cannot be required to present their evidence prior to the public hearing (as might be
expected if the Planning Board meeting occurs prior to the public hearing). Additionally, if the Planning Board
meeting were to occur prior to the public hearing, it is possible that there would be future concerns about people
not having enough time to prepare between the Neighborhood Information Meeting and the Planning Board
meeting. Since there is not an expectation that review/decision processes are to be lengthened, the logistics of
having the Planning Board make a recommendation prior to the public hearing are difficult.
24
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-27
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.
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.
(C) Once initiated, all amendments shall be referred to the
Planning Board.32
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
32 These proposed revisions here and on subsequent pages 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
for legislative items. 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, the public 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.
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
25
BOCC Decision
Development Advisory
Committee Meeting
Planning Board Review
and Recommendation
Quarterly Public Hearing
Zoning Atlas and
UDO Amendments
Application
Submittal
Post Sign / Mail Notice for
Neighborhood Info. Meeting
(NIM) and Planning Board
Meeting
Neighborhood
Information Meeting
Post Sign / Mail Notice
for Planning Board
Meeting
Staff and PB Recommendation
to BOCC
Staff Recommendation to
Planning Board
Zoning Atlas:
Conditional Zoning
Districts
Zoning Atlas:
General Use
Zoning Districts
Text Amendments
Text
Amendments:
Publish Legal Ad
Atlas Amendments:
Publish Legal Ad
Post Sign
Mail Notice
Proposed flow chart for Section 2.8.3
26
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-28
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.
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 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
27
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-29
Board 33 shall hear applications and receive public comment for Zoning Atlas amendments and/or
text amendments to this Ordinance in a Quarterly Public Hearing.
2.8.7 Notice of Requirements for Planning Board Meetings and Public Hearings
(A) The Planning Director shall provide notification of Planning Board meetings at which the
Planning Board is to review and make a recommendation on Zoning Atlas amendments.
Notifications shall be mailed and posted for the Planning Board meeting in the same
manner as for the public hearing, as detailed in (C) and (D) below. The notice shall
include the time and location of the Planning Board meeting.34
(B) The Planning Director shall cause notice Notice of the public hearing to review the
application and receive public comment shall to 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.
(1) 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.35
(C) In the case of For amendments to the zoning atlas 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 For 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.
(1) 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.36
(E) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
2.8.8 Planning Board Review 37
(A) Following the public hearing, all proposed amendments shall be referred to the Planning
Board for consideration and recommendation.
33 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.
34 The Planning Board has stated that it would like the public to have notice of its meetings when it is considering
amendments so the public can attend the meetings and provide comments if desired. This will result in two
mailed notifications/sign postings for Zoning Atlas amendments in order to meet statutory requirements for public
hearings (mailed/posted at least 10 days but not more than 25 days prior to the public hearing)
35 This paragraph has been indented one level to better reflect the cadence of ordinance structure.
36 This paragraph has been indented one level to better reflect the cadence of ordinance structure.
37 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.
28
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-30
(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) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(B) The Planning Board’s action on an application shall be one of the following:
(1) Recommend approval,
(2) Recommend denial,
(3) Recommend approval but with specified changes, or
(4) Recommend the Planning Board be given extended time to consider the
matter.38
(C) In making its recommendation, the Planning Board shall also approve a statement
describing whether its action is consistent with an adopted comprehensive plan or any
other officially adopted plan that is applicable, and briefly explain why the board
considers the action taken to be reasonable and in the public interest.39
(D) Should the Planning Board fail to make a recommendation prior to the quarterly public
hearing, the application shall be forwarded to the Board of County Commissioners
without a Planning Board recommendation.40
2.8.9 Action by Board of County Commissioners
(A) The Board of County Commissioners shall not consider enactment of the proposed
amendment until hold a public hearing after the Planning Board either makes its
recommendation or takes no action on the application as prescribed in Section 2.8.8(C)
within 30 days if its referral.
38 The previous version the ORC reviewed proposed to allow the Planning Board to make a preliminary
recommendation and request that the BOCC refer the application back to the Planning Board of significant new
information were presented at the public hearing. The Staff Attorney has suggested that, because the BOCC
always has the procedural right to send an application back to the Planning Board, that the previously proposed
possibility be removed and replaced with the language shown in (4). Additionally, the Staff Attorney has
recommended that procedural rights not be codified in the UDO; this has resulted in some changes from the
version the ORC reviewed in July 2015. Some procedural aspects of the process will be available via “cheat
sheets” the night of the Planning Board meeting and/or public hearing.
39 Required by NCGS 160A-383.
40 This paragraph is a slight modification from existing paragraph (C), which is proposed to be deleted. It addresses
what happens in the event the Planning Board fails to make a recommendation (namely, that the process moves
forward without a Planning Board recommendation).
29
Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-31
(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 recomm endation.
(C) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) make a decision.
(D) In making its decision, the Board of County Commissioners shall consider adopted plans,
comments made at the public hearing, the Planning Board’s recommendation, and the
Planning Director’s recommendation. The Board of County Commissioners shall also
approve a statement describing whether its action is consistent with an adopted
comprehensive plan or any other officially adopted plan that is applicable, and briefly
explain why the board considers the action taken to be reasonable and in the public
interest.41
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.
41 Required by NCGS 160A-383.
30
Article 2: Procedures
Section 2.12: Board of Adjustment
Orange County, North Carolina – Unified Development Ordinance Page 2-44
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 42
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
(1) Any interested party may present evidence or testimony, cross-examine
witnesses, inspect documents, and offer evidence or testimony in explanation or
rebuttal.
(2) Any member of the Board of Adjustment may question any interested party.
(3) Persons other than interested parties may make competent, relevant, and
material comments.
(B) Subpoenas
(1) The Board of Adjustment may subpoena witnesses and compel the production of
evidence.
(2) To request issuance of a subpoena, persons with standing as detailed under
NCGS 160A-939(d), shall make a written request to the chair explaining why it is
necessary for certain witnesses or evidence to be compelled. The chair shall
issue requested subpoenas in those cases where testimony or evidence is
deemed to be relevant, reasonable in nature and scope, and not oppressive.
42 Typographical error that staff recommends correcting as part of this amendment package.
31
Article 2: Procedures
Section 2.12: Board of Adjustment
Orange County, North Carolina – Unified Development Ordinance Page 2-45
(3) The chair shall rule on any motion to quash or modify a subpoena. Decisions
regarding subpoenas made by the chair may be appealed to the full Board.
(4) If a person fails or refuses to obey a subpoena issued pursuant to this
subsection, the Board of Adjustment, or the party seeking the subpoena, may
apply to the General Court of Justice for an order requiring that its order be
obeyed, and the Court will have jurisdiction to issue those orders after notice to
all proper parties.
(5) No testimony of any witness before the Board of Adjustment, pursuant to a
subpoena issued in exercise of the power conferred by this subsection, may be
used against the witness in any civil or criminal action, other than a prosecution
for false swearing committed on the examination.
(6) Anyone who, while under oath during a proceeding before the Board of
Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor.
2.12.4 Quorum and Vote Required
(A) A quorum of the Board is necessary to conduct any business and shall consist of four
members.
(B) The affirmative vote of four of the members of the Board shall be necessary in order to
effect any variation in this Ordinance.
(C) A majority of the members shall be required to decide on the issuance of a Class B
Special Use Permit or an appeal application.
2.12.5 Notification of Board Action
(A) Within five working days after Board action, the Planning Director shall have available in
the Planning Department’s office a notice of decision of the Board’s action.
(B) The Planning Director shall notify the parties to an application or appeal of the Board’s
disposition. This includes the applicant, the property owner if different from the applicant,
or any individual who has submitted a written request for a copy prior to the date the
decision becomes effective. This notice shall be made by registered or certified mail
within five working days of the Board's actions.
(C) The Planning Director shall keep a copy of the Board's action on file.
2.12.6 Notice Requirements for Matters Before the Board
(A) For matters other than applications for Class B Special Use Permits which are not
published in a newspaper 43, the The Board shall give notice of matters coming before it
by causing notice to be placed in a newspaper of general circulation in Orange County.
The notice shall appear once a week for two consecutive weeks, the first insertion to be
not less than ten days nor more than 25 days prior to the meeting date. In computing the
notice period, the day of publication is not to be included, but the day of the hearing is to
be included.
(B) In the case of application for a Class B Special Use permit or variance the Planning
Director shall give written notice by certified mail to adjacent property owners. This
notice shall be given not less than 15 days prior to the meeting date. Adjacent property
owners are those whose property lies within 500 feet of the affected property and whom
are currently listed as property owners in the Orange County tax records.
43 The Staff Attorney has suggested that public hearings for SUPs not be included in legal advertisements since the
general public does not have standing in such matters and cannot participate. (State Statutes do not require legal
ads for SUP applications). As shown in the remainder of this section, a notice would still be posted on the affected
parcel and adjoining property owners would receive mailed notification of the hearing date (which they would also
have been informed of via the Neighborhood Information Meeting materials).
32
Article 2: Procedures
Section 2.13: Exempt Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-46
(C) The Planning Director shall post on the affected property a notice of the Board meeting at
least ten days prior to the meeting date.
(D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the
Planning Director shall give written notice by certified mail to the property owner, and/or
person(s) engaged in the alleged violation. Notification of adjacent property owners,
posting of property, and publication of a hearing notice is not required.
SECTION 2.13: EXEMPT SUBDIVISIONS
2.13.1 Generally
(A) Persons proposing divisions of land that do not constitute a subdivision must request a
determination of an exempt subdivision status with the Planning Director. Activities that
do not constitute a subdivision are found in Section 7.2.1.
(B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with
the request for a determination for an exempt subdivision.
(C) Exempt subdivisions shall comply with all applicable non-plat requirements of this
Ordinance.
2.13.2 Review and Action
(A) Following receipt of a request for a determination of an exempt subdivision status, the
Planning Director shall make a determination of the land division’s exempt or nonexempt
status.
(B) If the Planning Director determines that the proposed land division does not constitute a
subdivision, the Planning Director shall certify the proposed land division as exempt and
include the necessary statement on the plat certifying same.
(C) If the Planning Director determines that the proposed land division constitutes a
subdivision, the applicant shall be informed of such in writing and shall be required to
submit the appropriate Subdivision application.
SECTION 2.14: MINOR SUBDIVISIONS
2.14.1 Review and Decision Process Flow Chart
Review and approval of Minor Subdivision applications shall adhere to the process detailed
herein. The applicant shall demonstrate compliance with the development standards contained in
Article 7 of this Ordinance.
33
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-92
(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
34
PROPOSED AMENDMENTS TO THE PLANNING BOARD’S
POLICIES AND PROCEDURES
35
APPROVED 11/8/2012
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
36
APPROVED 11/8/2012
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.
37
APPROVED 11/8/2012
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.
E. Neighborhood Information Meetings2
1. Planning Board members shall be encouraged to attend Neighborhood
Information Meetings (NIM) held as part of development review
processes. At-Large members and members representing the
Township in which a particular development project is proposed are
specifically encouraged to attend the NIM.
2. Planning Department staff shall keep Planning Board members
informed of upcoming NIMs via e-mailed messages. Said e-mail
messages shall be sent to Planning Board members on the same date,
or shortly after, the notifications are mailed to adjacent property
owners.
2 This new procedure is in response to Planning Board members expressing the desire to be kept informed of
upcoming NIMs so they may attend the meetings.
38
APPROVED 11/8/2012
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
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.
39
Amendment Package to Revise the Existing Public Hearing Process
(Option B – Planning Board Review/Recommendation After Public Hearing for Both
Legislative and Quasi-Judicial Items)
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.
40
Article 1: Administration
Section 1.6: Planning Board
Orange County, North Carolina – Unified Development Ordinance Page 1-11
(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.
41
Orange County, North Carolina – Unified Development Ordinance Page 2-1
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.
42
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-4
(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.
2.2.9 Manner of Review 3
(A) Applications requiring a public hearing
shall be reviewed using either a legislative
process or a quasi-judicial process as
follows:
(B) Comprehensive Plan amendments –
legislative
(C) Special Use Permits – quasi-judicial
(D) Zoning Atlas and Unified Development
Ordinance amendments – legislative
(E) Conditional Use District (CUD) – rezoning
portion is legislative; Special Use Permit
portion is quasi-judicial
(F) Conditional Zoning District (CZD) -
legislative
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 Proposed to be added to provide clarity on which type of review process is used for the various types of
applications that require a public hearing. Staff is not suggesting adding the specifics of each process in the UDO
as specifics may change as case law is made or State statutes are modified.
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
43
BOCC Decision
Application
Submittal
Text Future Land Use Map
Map Amendments:
Publish Legal Ad
Post Sign
Mail Notice
Text
Amendments:
Publish Legal Ad
Quarterly Public
Hearing
Staff and Planning Board
Recommendation to BOCC
Comprehensive
Plan
Amendments
Development Advisory
Committee Meeting
Staff Recommendation to
Planning Board
Planning Board Review
and Recommendation
Proposed flow chart for Section 2.3.1
44
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-5
(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 prescribed in Section 2.3.2(B); or
(D) The Planning Director.
2.3.4 Classification of Amendments 4
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 public hearing shall be held before adoption of any proposed Comprehensive Plan amendment.
The Board of County Commissioners and the Planning Board 5 shall hear applications and receive
public comment for proposed Comprehensive Plan amendments in a Quarterly Public Hearing.
2.3.6 Notice Requirements for Public Hearings
(A) The Planning Director shall provide public notice for any Comprehensive Plan
amendment to be heard at a Quarterly Public Hearing. The notice shall include the time
and location of the public hearing.6
4 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.
5 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.
6 Proposed addition made by the Staff Attorney.
Staff
proposes
this entire
section
for
deletion
(see
footnote
below) -
request
ORC
comment
45
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-6
(B) For all proposed amendments, Notice 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.
(1) 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) The minimum published size of the notice shall be 25 square inches.7
(C) In the case of For amendments to the Land Use Plan (map) Future Land Use Map 8, the
Planning Director shall provide additional notice with the following:9
(1) prominently post a notice of the public hearing on the site proposed for the land
use change affected parcel or on an adjacent public street or highway right of
way not less than ten days before the date set for the public hearing.
(a) When multiple parcels are included within a proposed Land Use Plan
(map) [Future Land Use Map] amendment affected, a posting on each
individual parcel is not required, but the county shall post sufficient
notices shall be posted to provide reasonable notice to interested
persons.
(2) 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 or within 500 feet of the affected parcel(s) .
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 10
(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 11.
(B) If a principal amendment is scheduled by the Board of County Commissioners 12 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.
7 (B)(1) and (B)(2) are currently (B) and (C) but have been recommended as subparagraphs by the Staff Attorney.
8 The name of this map was changed in the Comprehensive Plan in 2012 and should be updated here.
9 Proposed changes suggested by the Staff Attorney to clarify the existing language.
10 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 be modified
as shown.
11 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.
12 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) -
request
ORC
comment
46
Article 2: Procedures
Section 2.3: Comprehensive Plan Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-7
(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.13
(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.14
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.
(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.
13 The Staff Attorney has recommended deletion of this provision due to concerns over who determines
compliance with a small area plan and how compliance is determined.
14 The Staff Attorney has recommended deletion of this provision because of the modification made in (D). If the
modification in (D) is not made, the language of (E) should be modified because of the concern that a restriction on
a rezoning application has been placed in the Comprehensive Plan amendment section.
47
Article 2: Procedures
Section 2.4: Zoning Compliance Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-8
(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 15 unless the Board of County
Commissioners grants an extension.
(C) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(D) The Planning Board shall review and comment on applications and shall make one of the
following recommendations after the public hearing:
(1) Recommend approval,
(2) Recommend denial, or
(3) Recommend approval but with specified changes.
(E) 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.
(F) 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.16
(G) 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.17
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.
15 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.
16 Staff is suggesting that amendments initiated by the County have the same review time as applications
submitted by others.
17 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.
48
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-18
(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.
(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
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
49
Note: This chart is meant as a graphical representation of the
UDO text; the text shall take priority in any conflict or ambiguity.
Application
Submittal
Schedule Class B SUP
NIM, DAC & Board of
Adjustment quasi-
judicial hearing
Schedule Class A SUP
NIM, DAC & BOCC
quasi-judicial hearing
BOCC decision
Planning Board for
review and
recommendation
Board of
Adjustment
decision
Post Sign & Mail Notice for
Public Hearing
BOCC holds quasi-
judicial hearing at
quarterly public
hearing and
continues hearing to
date/time certain
Special Use
Permit
Neighborhood Information Meeting
Post Sign & Mail Notice for
Neighborhood Information
Meeting (NIM)
Development
Advisory
Committee
(DAC) Meeting
Staff Review/
Analysis Begins
BOA holds quasi-
judicial hearing
Hearing resumes
at regular BOCC
meeting
Proposed flow chart for
Section 2.7.1
50
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-19
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.
(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
51
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-20
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).
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, evidence in the form of 18 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.19
(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.
18 The Staff Attorney has suggested this language modification since SUP applications are quasi-judicial in nature
and require testimony rather than comments.
19 The Staff Attorney has suggested that legal advertisements for quarterly public hearings not include SUP
applications since the general public does not have standing in such matters and cannot participate. (State
Statutes do not require legal ads for SUP applications). As shown in the remainder of this section, a notice would
still be posted on the affected parcel and adjoining property owners would receive mailed notification of the
hearing date (which they would also have been informed of via the Neighborhood Information Meeting materials).
52
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-21
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,
(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 Permits, the following shall apply:
(1) The Board of County Commissioners and Planning Board 20 shall review the
application during a regularly scheduled public hearing a meeting designated as
a Quarterly Public Hearing.
20 While the Planning Board is expected to attend the public hearing to hear evidence, a quorum of Planning Board
members will not be necessary in order to conduct the hearing.
53
Article 2: Procedures
Section 2.7: Special Use Permits
Orange County, North Carolina – Unified Development Ordinance Page 2-22
(2) All evidence shall be submitted during the public hearing. If additional evidence
is requested during a hearing which must be submitted at a later date, the
hearing shall be continued to a date/time certain in order to receive the additional
evidence.21
(3) Following review submission of all evidence at a public hearing, the Special Use
permit Permit application shall may22 be referred to the Planning Board for its
consideration and recommendation.
(a) The public hearing shall be continued to a date/time certain in order to
receive the Planning Board’s recommendation.
(4) 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. 23
(i) 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 public hearing
will resume without a Planning Board recommendation.24
(5) The Planning Board shall consider only the evidence presented to the Board of
County Commissioners at the public hearing.25
(6) The Planning Board shall make a recommendation and proposed findings of fact
on the application, including the findings required in Section 5.3.2 of this
Ordinance. The Planning Board’s action on an application shall be one of the
following:
(a) Recommend approval based on proposed findings of fact,
(b) Recommend denial based on proposed findings of fact,
(c) Recommend approval based on proposed findings of fact but with
specified conditions.
(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.
21 In order to meet legal requirements for quasi-judicial proceedings, staff is suggesting this proposed language.
Evidence would no longer be allowed to be submitted in writing after the quasi-judicial hearing. Instead,
additional evidence would have to be presented by experts at a subsequent hearing (which does not necessarily
have to be a quarterly public hearing date).
22 The Staff Attorney has suggested this language modification in order to allow for flexibility by the BOCC in cases
that have no or little controversy.
23 Because public hearings must be kept open to a date/time certain, this paragraph is obsolete and should be
deleted.
24 Currently, the language in (i) is (4) in the adopted UDO. It is suggested to be moved to under the new (a) in
order to flow better. Language modifications have been suggested by the Staff Attorney.
25 Language suggested by the Staff Attorney.
54
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-26
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.
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.
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
55
BOCC Decision
Development Advisory
Committee Meeting
Planning Board Review
and Recommendation
Quarterly Public Hearing
Zoning Atlas and
UDO Amendments
Application
Submittal
Post Sign / Mail
Notice for
Neighborhood Info.
Meeting (NIM)
Neighborhood
Information Meeting
Staff and Planning Board
Recommendation to BOCC
Staff Recommendation to
Planning Board
Zoning Atlas:
Conditional Zoning
Districts
Zoning Atlas:
General Use
Zoning Districts
Text Amendments
Text
Amendments:
Publish Legal Ad
Atlas Amendments:
Publish Legal Ad
Post Sign
Mail Notice
Proposed flow chart for Section 2.8.3
56
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-27
(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.
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 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 26 shall hear applications and receive public comment for Zoning Atlas amendments and/or
text amendments to this Ordinance in a Quarterly Public Hearing.
2.8.7 Notice of Public Hearings
(A) The Planning Director shall cause notice Notice of the public hearing to review the
application and receive public comment shall to 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.
26 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.
57
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-28
(1) 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.27
(B) In the case of For amendments to the zoning atlas 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.
(C) In the case of For 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.
(1) 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 C) above.28
(D) The Planning Director shall certify the mailing of all notices to the Board of County
Commissioners.
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 29.
(C) The Planning Board shall allow public comments at its meeting and those comments
shall be taken into consideration by the Planning Board in making its recommendation.
(D) The Planning Board’s action on an application shall be one of the following:
(1) Recommend approval,
(2) Recommend denial, or
(3) Recommend approval but with specified changes.
(E) In making its recommendation, the Planning Board shall also approve a statement
describing whether its action is consistent with an adopted comprehensive plan or any
other officially adopted plan that is applicable, and briefly explain why the board
considers the action taken to be reasonable and in the public interest.30
(F) 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.
27 This paragraph has been indented one level to better reflect the cadence of ordinance structure.
28 This paragraph has been indented one level to better reflect the cadence of ordinance structure.
29 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.
30 Required by NCGS 160A-383.
58
Article 2: Procedures
Section 2.8: Zoning Atlas and Unified Development Ordinance Amendments
Orange County, North Carolina – Unified Development Ordinance Page 2-29
(G) 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.31
(H) 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.32
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 County Commissioners shall consider adopted plans,
comments made at the public hearing, the Planning Board’s recommendation, and the
Planning Director’s recommendation. The Board of County Commissioners shall also
approve a statement describing whether its action is consistent with an adopted
comprehensive plan or any other officially adopted plan that is applicable, and briefly
explain why the board considers the action taken to be reasonable and in the public
interest.33
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
31 Staff is suggesting that amendments initiated by the County have the same review time as applications
submitted by others.
32 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.
33 Required by NCGS 160A-383.
59
Article 2: Procedures
Section 2.12: Board of Adjustment
Orange County, North Carolina – Unified Development Ordinance Page 2-42
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 34
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
34 Typographical error that staff recommends correcting as part of this amendment package.
60
Article 2: Procedures
Section 2.13: Exempt Subdivisions
Orange County, North Carolina – Unified Development Ordinance Page 2-44
2.12.6 Notice Requirements for Matters Before the Board
(A) For matters other than applications for Class B Special Use Permits which are not
published in a newspaper 35, the The Board shall give notice of matters coming before it
by causing notice to be placed in a newspaper of general circulation in Orange County.
The notice shall appear once a week for two consecutive weeks, the first insertion to be
not less than ten days nor more than 25 days prior to the meeting date. In computing the
notice period, the day of publication is not to be included, but the day of the hearing is to
be included.
(B) In the case of application for a Class B Special Use permit or variance the Planning
Director shall give written notice by certified mail to adjacent property owners. This
notice shall be given not less than 15 days prior to the meeting date. Adjacent property
owners are those whose property lies within 500 feet of the affected property and whom
are currently listed as property owners in the Orange County tax records.
(C) The Planning Director shall post on the affected property a notice of the Board meeting at
least ten days prior to the meeting date.
(D) In the case of an appeal of a Stop Work Order issued by the Planning Director, the
Planning Director shall give written notice by certified mail to the property owner, and/or
person(s) engaged in the alleged violation. Notification of adjacent property owners,
posting of property, and publication of a hearing notice is not required.
SECTION 2.13: EXEMPT SUBDIVISIONS
2.13.1 Generally
(A) Persons proposing divisions of land that do not constitute a subdivision must request a
determination of an exempt subdivision status with the Planning Director. Activities that
do not constitute a subdivision are found in Section 7.2.1.
(B) One copy of the final mylar plat and three paper copies of the plat shall be submitted with
the request for a determination for an exempt subdivision.
(C) Exempt subdivisions shall comply with all applicable non-plat requirements of this
Ordinance.
2.13.2 Review and Action
(A) Following receipt of a request for a determination of an exempt subdivision status, the
Planning Director shall make a determination of the land division’s exempt or nonexempt
status.
(B) If the Planning Director determines that the proposed land division does not constitute a
subdivision, the Planning Director shall certify the proposed land division as exempt and
include the necessary statement on the plat certifying same.
(C) If the Planning Director determines that the proposed land division constitutes a
subdivision, the applicant shall be informed of such in writing and shall be required to
submit the appropriate Subdivision application.
35 The Staff Attorney has suggested that public hearings for SUPs not be included in legal advertisements since the
general public does not have standing in such matters and cannot participate. (State Statutes do not require legal
ads for SUP applications). As shown in the remainder of this section, a notice would still be posted on the affected
parcel and adjoining property owners would receive mailed notification of the hearing date (which they would also
have been informed of via the Neighborhood Information Meeting materials).
61
Article 5: Uses
Section 5.10: Standards for Telecommunication Facilities
Orange County, North Carolina – Unified Development Ordinance Page 5-92
(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
62
PROPOSED AMENDMENTS TO THE PLANNING BOARD’S
POLICIES AND PROCEDURES
63
APPROVED 11/8/2012
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
64
APPROVED 11/8/2012
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.
65
APPROVED 11/8/2012
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.
E. Neighborhood Information Meetings2
1. Planning Board members shall be encouraged to attend Neighborhood
Information Meetings (NIM) held as part of development review
processes. At-Large members and members representing the
Township in which a particular development project is proposed are
specifically encouraged to attend the NIM.
2. Planning Department staff shall keep Planning Board members
informed of upcoming NIMs via e-mailed messages. Said e-mail
messages shall be sent to Planning Board members on the same date,
or shortly after, the notifications are mailed to adjacent property
owners.
2 This new procedure is in response to Planning Board members expressing the desire to be kept informed of
upcoming NIMs so they may attend the meetings.
66
APPROVED 11/8/2012
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
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.
67