HomeMy WebLinkAboutORC agenda 090215ORANGE 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, September 2, 2015
Ordinance Review Committee Meeting – 6:15 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on proposed amendments before the items are placed on a
Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not necessary for
meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 2 - 10 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – CAR
SALES/RENTAL OPERATIONS
To review and comment upon proposed amendments to the UDO
regarding car sales and rental operations.
Presenter: Michael Harvey, Current Planning Supervisor
3. 11 - 37 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
SEXUALLY ORIENTED BUSINESSES
To review and comment upon proposed amendments to the UDO
regarding sexually oriented businesses.
Presenter: Michael Harvey, Current Planning Supervisor
4. ADJOURNMENT
1
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2015
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Automotive Sales
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 2015-06)
2. Proposed UDO Text Amendment
Michael D. Harvey, 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 seeking to adopt regulations governing the display of
automobiles for sale or rent.
BACKGROUND: The Amendment Outline Form (Attachment 1) for this amendment was
reviewed and approved by the BOCC at its May 5, 2015 regular meeting.
Staff has seen an increase in the number of automotive sale business operating within the
County and has begun receiving complaints related to the storage and display of vehicles being
offered for sale, specifically too many cars being placed on a parcel of property blocking or
impeding access for both customers and emergency vehicles. In certain instances, cars have
been parked in required land use buffer areas killing required landscaping or have been
encroaching into adjacent rights-of-way creating additional enforcement problems.
Staff is proposing the adoption of a ratio basing the number of allowable vehicles on the overall
size of the property exclusive of septic, parking, and required landscaping areas. For more
information please refer to Section B of Attachment 1.
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.
2
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-06
Amendment(s) establishing regulations for automotive sales and rental business
addressing the display and advertising of cars for sale
A. AMENDMENT TYPE
Map Amendments
Comprehensive Plan – Future Land Use Element Map:
From: - - -
To: - - -
Zoning Map:
From: - - -
To: - - -
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section 5.15 Standards for Automotive/Transportation Related Uses
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to establish regulations governing the development and
operation of automotive sales.
Attachment 1 3
Staff has seen an increase in the number of automotive sale business operating
within the County and has begun receiving complaints related to the storage and
display of vehicles being offered for sale, specifically too many cars being placed on
a parcel of property blocking or impeding access for both customers and emergency
vehicles. In certain instances, cars have been parked in required land use buffer
areas killing required landscaping or have been encroaching into adjacent rights-of-
way creating additional enforcement problems.
Staff is proposing to develop comprehensive regulations designed to limit the
overcrowding of automotive sales operations within all general use zoning districts
where such land uses are permitted.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
Automotive sales are allowed in the following general use zoning districts as a
permitted use (i.e. administrative approval) of property:
1. Neighborhood Commercial (NC-2) with special standards;
2. General Commercial (GC-4);
3. Existing Commercial (EC-5);
4. Existing Industrial (EI);
5. Light Industrial (I-1);
6. Medium Industrial (I-2);
7. Heavy Industrial (I-3);
8. Economic Development Eno High Intensity (EDE-2); and
9. Master Planned Development Conditional Zoning (MPD-CZ) district.
This use is also permitted within the Economic Development Buckhorn Low and High
Intensity (EDB-1 and EDB-2) districts with the review and approval of a Conditional
Use (i.e. a rezoning and Class A Special Use Permit) application by the BOCC.
Currently, the County only limits the total number of cars that can be parked and/or
displayed for an automotive sales business located within the Neighborhood
Commercial (NC-2) general use zoning district. It should be noted that staff has an
active code enforcement case against an existing business along Highway 70 within
the Cheeks Township.
The amendments are necessary to address congestion at automotive sales operations
due to too many vehicles being displayed for sale.
Additional analysis will be part of the public hearing materials.
4
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2015
b. Quarterly Public Hearing
November 23, 2015
c. BOCC Updates/Checkpoints
May 5, 2015 – Approval of UDO Amendment Outline Form
September 2, 2015 – Planning Board Ordinance Review Committee (ORC)
November 23, 2015 – Quarterly Public Hearing
January 2016 – Receive Planning Board Recommendation
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
September 2, 2015 – Ordinance Review Committee
December 2, 2015 – Recommendation
b. Advisory Boards:
N/A
5
c. Local Government Review:
N/A
d. Notice Requirements
Legal advertisement published in accordance with the provisions of the UDO..
e. Outreach:
3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2015-16 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will establish comprehensive regulations governing the number and
placement of vehicles being offered for sale at an automotive sales operation in an effort
to address overcrowding concerns and eliminate impediments to vehicular
ingress/egress from the property.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
Small Area Plan Workgroup:
Other:
6
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7
Article 5: Uses
Section 5.15: Standards for Automotive/Transportation Related Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-130
from the property line.
(3) Hours of operation shall be limited to the hours between 7 a.m. and 7 p.m.
(4) Site shall have direct access to a major road, as classified in the Orange County
Comprehensive Plan, and shall use said road as the primary access, unless
approved otherwise in the permit.
5.14.4 Winery, production only
(A) Standards for Class B Special Use Permit or ASE-CZ Zoning District
(1) If located in an AR or RB zoning district, the winery must be located on a bona
fide farm.
(a) A winery, production only, that is located on a bona fide farm, and which
utilizes primarily crops produced on-site is considered a bona fide
farming use and is not subject to zoning regulations.
(b) A winery, production only, that does not utilize primarily crops produced
on-site, regardless of whether it is located on a bona fide farm, is not
considered a bona fide farming use and is subject to the regulations
contained in this Ordinance.
(2) If located adjacent to residentially zoned property, all buildings shall be located a
minimum of 100 feet from the property line.
(3) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED
USES
5.15.1 Motor Vehicle Sales / Rental (New & Used) in the NC-2 Zoning District2
(A) Standards for the NC-2, EC-5, and E-I Zoning District(s)
2 Originally the County adopted regulations establishing a specific limit on the display of motor vehicles for sale in
the NC‐2 zoning district. This amendment establishes a limit on the outdoor display of motor vehicles offered for
sale in every zoning district where the land use is permitted.
8
Article 5: Uses
Section 5.15: Standards for Automotive/Transportation Related Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-131
(1) This use shall only be permitted on property zoned NC-2 located within the
Commercial Transition Activity or Commercial-Industrial Transition Activity Node
land use classifications, as designated on the Land Use Element MapFuture
Land Use Map3 of the adopted Comprehensive Plan.4
(2) The siteProperty shall have direct access onto a State maintained roadway.
(3) A maximum of 12 cars may be stored or displayed on-siteOutdoor areas devoted
to the display of vehicles shall be limited to a ratio of:
(a) .17 per acre for parcels served by individual septic system. 5
(b) .24 per acre for parcels served by public sewer.6
Vehicles offered for sale or rent shall be located only within this area of the
property.
(4) No additional use shall be made of designated vehicle display area including, but
not limited to, parking.7
(3)(5) Vehicle display areas shall comply with applicable setback standards for the
district in which it is located and landscaping standards as contained in Section
6.8.
(4)(6) Additional vehicles not offered for sale or rent can be stored on the property so
long as they are contained in a secured area surrounded by a vegetative opaque
screen as viewed from adjacent properties and right-of-way.8
(B) Standards for all other zoning districts. 9
(1) Property shall have direct access onto a State maintained roadway.
(2) Outdoor areas devoted to the display of vehicles shall be limited to a ratio of:
(a) .24 per acre for parcels served by individual septic system.
(b) .30 per acre for parcels served by public sewer.
Vehicles offered for sale or rent shall be located only within this area of the
property.
(3) No additional use shall be made of designated vehicle display area including, but
not limited to, parking.
(4) Vehicles display areas shall comply with applicable landscaping standards as
contained in Section 6.8.
(5) Additional vehicles not offered for sale or rent can be stored on the property so
3 Staff is correcting existing language to ensure the Future Land Use Map is properly cited within the UDO.
4 Staff is looking to keep motor vehicle sales out of Rural Neighborhood and Rural Commercial Activity Nodes.
5 A typical display area for a vehicle is 288 sq. ft., which includes the required parking area for said vehicle and the
portion of drive isle allowing access. This proposal limits the display of vehicles on a ratio standard connected to
the size of a parcel rather than an arbitrary number. The proposed ratio would result in an acre lot being able to
have a vehicle display area of 7,405 sq. ft. or approximately 25 cars (43,560 x .17 / 288). This regulation does not
eliminate the property owner from having to comply with other ratio/dimensional standards contained within the
UDO.
6 The Planning Director suggested regulations be established to recognize properties served by public sewer have
additional land area to support development and, as a result, the allowable vehicle display area ought to be higher.
The proposed ration would result in a 1 acre lot to display approximately 36 cars (43,560 x .24 / 288).
7 We have had problems in the past with required parking areas, for customers and staff, being used for display
purposes. This provision will give staff greater ability to prohibit same.
8 In consultation with the Director, it was determined additional storage area could be allowed on‐site for vehicles
not intended for sale or rental so long as said storage area was screened from view.
9 This includes the GC‐4, I‐1, I‐2, I‐3, and the Buckhorn and Eno Economic Development districts.
9
Article 5: Uses
Section 5.16: Standards for Medical Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-132
long as they are contained in a secured area surrounded by a vegetative opaque
screen as viewed from adjacent properties and right-of-way
SECTION 5.16: STANDARDS FOR MEDICAL USES
5.16.1 Veterinary Clinic
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR and ASE-CZ zoning districts, this use is intended primarily for large
animal facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
5.16.2 Veterinary Clinic, mobile
(A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning District
(1) In the AR, R-1, and ASE-CZ zoning districts, this use is intended to be located
on the same property as the operator’s residence. The mobile clinic shall be
parked to the side or rear of the residence, not in front of the residence, unless
permitted otherwise in the permit.
(2) For all zoning districts in which this use is permitted, observation shelters for up
to three large or small animals shall be considered an accessory use. The permit
may specify a greater number of observation shelters and may limit the
maximum number of days an individual animal may be observed.
(3) If adjacent to residentially zoned property, all mobile clinic operations shall be
located a minimum of 100 feet from the property line.
(4) Veterinary services whereby the public brings their animal to the mobile clinic
location shall not be permitted, unless specifically permitted in the permit.
5.16.3 Veterinary Hospital
(A) Standards for ASE-CZ Zoning District
(1) In the ASE-CZ zoning district, this use is intended primarily for large animal
facilities but may also contain an ancillary small animal component.
(2) If located adjacent to residentially zoned property, all buildings and facilities shall
be located a minimum of 100 feet from the property line.
SECTION 5.17: STANDARDS FOR MISCELLANEOUS USES
5.17.1 Churches
(A) General Standards
(1) Churches are required to provide setbacks in residential districts; the minimum
shall be as follows:
TABLE 5.14.1.A: CHURCH SETBACK STANDARDS IN RESIDENTIAL DISTRICTS
SETBACK DISTANCE (FEET)
Front 45
Side 50
Rear 50
10
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 2, 2015
Action Agenda
Item No.
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Sexually Oriented
Business Regulations
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 2015-05)
2. Proposed Amendment(s) to Chapter 8 of
Orange County Code of Ordinances
Establishing Business License
Regulations
3. Proposed UDO Text Amendment
Michael D. Harvey, Planner III (919) 245-2578
Craig Benedict, Director (919) 245-2575
Attorney Involvement
John Roberts, County Attorney
James Bryan, Staff
PURPOSE: To review and comment upon Planning Director initiated Unified Development
Ordinance (UDO) text amendments seeking to adopt licensing, permitting, and operational
guidelines for sexually oriented businesses.
BACKGROUND: The Amendment Outline Form (Attachment 1) for these amendments was
reviewed and approved by the BOCC at its May 5, 2015 regular meeting.
Sexually oriented businesses, because of their very nature, are recognized as having potentially
objectionable operational characteristics and regulation is necessary to ensure adverse
secondary effects do not impact public health, safety or welfare. Such regulations, however, are
required to be content neutral and shall not have the effect of denying access by adults to
sexually oriented materials protected by the US Constitution’s First Amendment or deny access
by distributors and exhibitors of sexually oriented entertainment to their intended market.
The proposed regulations would: (1) establish a business licensing process for operators and
(2) establish land use regulations requiring sexually oriented businesses to be separated from
identified sensitive uses. For more information please refer to Section B of Attachment 1.
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.
11
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-05
Amendment(s) addressing establishment of regulations for sexually oriented
businesses.
A. AMENDMENT TYPE
Map Amendments
Comprehensive Plan – Future Land Use Element Map:
From: - - -
To: - - -
Zoning Map:
From: - - -
To: - - -
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section(s)
1. 5.2.1 Table of Permitted Uses,
2. 5.17 Standards for Miscellaneous Uses, and
3. Article 10 Definitions
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Attachment 1 12
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to establish regulations governing the development of
sexually oriented businesses. Proposed UDO text amendments will be presented in
conjunction with amendments to the County Code of Ordinances establishing
business licensing provisions for these businesses as well.
Currently, Orange County does not permit the development of sexually oriented
businesses within any general use zoning district. Existing definitions, including adult
uses as contained in Article 10 of the UDO, are out of date and inconsistent with
State regulations and recent court decisions.
Proposed amendments shall establish locational criteria for such businesses
including mandatory setbacks from identified sensitive uses (i.e. church, school,
single-family residence, etc.) while allowing for their development consistent with
applicable State and Federal requirements.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
The amendment(s) are necessary to ensure the County is consistent with provisions
of State and Federal law. The County cannot prohibit sexually oriented businesses
outright but is afforded the opportunity to regulate their location and certain
operational characteristics in an effort to ensure identified secondary impacts are
mitigated as much as possible.
As defined within NCGS 14-202.10 a sexually oriented business means, “Any
businesses, or enterprises that have as one of their principal business purposes, or
as a significant portion of their business, an emphasis on matter and conduct
depicting, describing, or related to anatomical areas and sexual activities.”
Sexually oriented businesses, because of their very nature, are recognized as having
potentially objectionable operational characteristics. Regulation of these uses are
necessary to ensure adverse secondary effects do not contribute to the blighting of
surrounding neighborhoods and to regulate acts, omissions or conditions that could
be construed as detrimental to the public health, safety or welfare. This includes
ensuring development of such businesses does not create a disincentive for
additional economic development in a given area.
Such regulations, however, are required to be content neutral and shall not have the
effect of imposing a limitation or restriction on the content of any communicative
materials or deny access by adults to sexually oriented materials protected by the US
Constitution’s First Amendment. Regulations also cannot be so restrictive as to deny
access by the distributors and exhibitors of sexually oriented entertainment to their
intended market.
13
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources, and
community character.
Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 5, 2015
b. Quarterly Public Hearing
November 23, 2015
c. BOCC Updates/Checkpoints
May 5, 2015 – Approval of UDO Amendment Outline Form
September 2, 2015– Planning Board Ordinance Review Committee (ORC)
November 23, 2015 – Quarterly Public Hearing
February 2016 – Receive Planning Board Recommendation
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
September 2, 2015 – Ordinance Review Committee
December 2, 2015 and January 6, 2016 (if necessary) – Recommendation
b. Advisory Boards:
N/A
14
c. Local Government Review:
Staff will transmit the proposed
amendment to the Towns of Chapel
Hill, Carrboro, and Hillsborough for
courtesy review in the month of
September 2015.
The Orange County Sheriff’s office will
also be asked to comment on the
proposal.
d. Notice Requirements
Legal advertisement published in accordance with the provisions of the UDO.
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
The amendment will establish comprehensive regulations governing the development
and operation of sexually oriented businesses consistent with applicable State and
Federal law.
E. SPECIFIC AMENDMENT LANGUAGE
See Attachment 2 and Attachment 3.
General Public: Consistent with NC State General Statutes and Orange
County Ordinance requirements.
Small Area Plan Workgroup:
Other:
15
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
16
That Chapter 8 Business of the Orange County Code of Ordinances be amended by
adding a new Article IV Sexually Oriented Businesses reading as follows:
Article IV. SEXUALLY ORIENTED BUSINESSES
Section 8-100 Scope.
(a) Orange County is committed to protecting the general welfare of
residents, property owners, and visitors through the enforcement of
laws prohibiting obscenity, indecency, and sexual offenses. The
purpose of this article is to establish a licensing provision for sexually
oriented businesses to reduce and eliminate their deleterious effects
while preserving constitutionally protected forms of expression by
establishing reasonable and uniform regulations. The provisions of this
article have neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, restricting
or denying access by adults to materials protected by the First
Amendment, or denying access by the distributors and exhibitors of
sexually oriented entertainment to their intended market. Further, the
provisions of this article have neither the intent nor effect of condoning
or legitimizing the distribution of obscene material.
In allowing these uses, the County balances its constitutional
obligations with the need to guarantee our local economy and quality
of life is not impeded.
Section 8-102 Definition of Terms
The definition of specific terms shall be consistent with those detailed
within Article 10 of the County Unified Development Ordinance (UDO).
Section 8-103 Licensing of sexually oriented businesses.
(a) It shall be unlawful for any person, group of people, or corporation to
operate a sexually oriented business without a valid sexually oriented
business license approved by the County pursuant to this Ordinance.
(b) Every application for a sexually oriented business license prescribed
herein shall be upon a form approved by the County and shall be filed
with the Orange County Sheriff’s office and contain the following
information:
(1) The applicant’s name, including any aliases or other names by
which the applicant is known or has used; current physical
address of the applicant’s residence; contact telephone
Attachment 2 17
numbers; date and place of birth; social security number;
drivers license number including state of issuance; and a recent
photograph.
If the applicant is a partnership, corporation, association, or
other entity the same information is a requirement for all
corporate officers, directors, and any individuals having a ten
(10) percent or greater interest.
(2) The address and Orange County Parcel Identification Number
(PIN) of the property where the proposed sexually oriented
business is to be located;
(3) A complete statement of all convictions of any person whose
name is required to be given in subsection (b)(1) for any
sexually related crime; prostitution or any violation of any law
relative to prostitution; or of any crime involving sexual
misconduct as codified in the laws of the United States, this or
any other state, including, but not limited to, convictions or
violations of any of the offenses enumerated in Article 26, 26A
and 27 of Chapter 14 of the North Carolina General Statutes, or
the same offenses as codified in the laws of the United States,
this or of any other state;
(4) A description of any other business proposed to be operated on
the same premises or on adjoining premises owned or
controlled by the applicant or any other person or entity listed
in (b)(1) above.
(5) A completed Non-residential Site Plan Application form,
supplied by the Orange County Planning Department, including
a professionally prepared site plan completed in accordance
with the provisions of the Orange County Unified Development
Ordinance (UDO).
(6) A scaled floorplan showing the configuration of the proposed
facility.
(7) All applicants, and any individual listed in (b)(1) herein, shall
submit to fingerprinting by an Orange County Sheriff. The
fingerprint cards shall be submitted to the S.B.I for processing.
Returned fingerprint cards and any criminal histories shall be
kept on file in the Orange County Sheriff’s Department.
(8) A statement signed under oath that the applicant has personal
knowledge of the information contained in the application, that
18
the information contained therein is true and correct, the
applicant consents to the investigation of his/her background by
the County to verify the information provided, and that the
applicant has read and understands the provisions of this article
regulating sexually oriented businesses.
Section 8-104 Issuance of license.
(a) The Orange County Sheriff’s office shall transmit a copy of the
completed application, containing all the required information outlined
in this section to the Orange County Planning and Inspections
Department, Emergency Services, and Health Department to determine
compliance with applicable regulations.
(b) These departments shall, within a reasonable time, not to exceed 60
working days, report the results of their examinations to the Sheriff’s
office.
(c) If these departments do not respond within 60 working days, then the
application and site plan shall be deemed to meet the approval of the
various departments.
(d) The license shall be issued upon the receipt by the Sheriff’s office of
an affirmative finding of all applicable review agencies that:
(1) The application contains no misstatement of fact;
(2) The applicant, or any person or entity having any legal or
beneficial ownership interest in the application, has not
been convicted of a sexually related crime, prostitution or a
violation of any law relative to prostitution, crime involving
sexual misconduct as codified in the laws of the United
States, this or any other state, including, but not limited to
convictions of violations of the offenses enumerated in
Articles 26, 26A and 27 of Chapter 14 of the North
Carolina General Statutes, or the same offenses as codified
in the laws of the United States, this or any other state.
(3) The application conforms to all requirements of applicable
zoning, building, and fire prevention codes.
(4) The applicant or any person, corporation, partnership,
association or other entity having a legal or beneficial
ownership interest in the applicant has not, for the five-year
period preceding the application, had a previously issued
19
license for engaging in any sexually oriented business that
has been suspended or revoked anywhere.
(e) The issuance of the license prescribed herein shall not convey onto the
applicant the ability to commence operations until all applicable
permits (i.e. Health Department Permit, Zoning Compliance Permit,
Certificate of Occupancy, etc.) have been issued.
(f) If the Sheriff’s office has not approved or denied the sexually oriented
business license application within thirty (30) days from receiving the
completed assessments from applicable review agencies, the license
shall be deemed granted.
Section 8-105 Inspection of a sexually oriented business.
An applicant or licensee shall permit representatives of the Sheriff’s
Department, Emergency Services, the Orange County Planning and
Inspections Department, the Orange County Health Department, or any
other county, state, or federal department, division, or agency that enforces
codes, regulations, ordinances, or statutes relating to human health, safety,
or welfare to inspect the premises of any sexually oriented business for the
purpose of insuring compliance with the law, at any time it is occupied or
open for business. Failure or refusal by any person to permit a lawful
inspection of the premises during regular business hours shall be
punishable in accordance with County code and, in addition, may result in
the revocation of the license.
Section 8-106 Denial or revocation of license.
(a) Before the County revokes a license issued pursuant to this article, or
determines reasonable grounds exist to deny an application for a
license pursuant to this article, the Sheriff’s Office shall cause a
written notice to be sent by certified mail to the licensee or applicant
affected, at the address stated in the license or application.
(b) A license issued pursuant to this section shall be revoked if the
Sheriff’s office determines that:
(1) The licensee has violated any provision of this article;
(2) The licensee, or the legal or beneficial owner of any interest in
the licensee is convicted of any felony; prostitution or any
violation of any law relative to prostitution; crime involving
sexual misconduct; as codified in the laws of the United States,
this or any other state, including, but not limited to convictions
of violations of any of the offenses enumerated in Articles 26,
20
26A and 27 of Chapter 14 of the North Carolina General
Statutes, or the same offenses as codified in the laws of any
other state.
(3) The licensee has knowingly, willingly, or intentionally operated
a sexually oriented business during a period of time when the
licensee's license was suspended for any reason.
(4) The licensee has knowingly, willingly, or intentionally allowed
prostitution and/or the possession, use, or sale of controlled
substances on the premises.
(5) The licensee has knowingly, willingly, or intentionally violated
state ABC laws.
(c) When the County revokes a license, the revocation shall continue for
one (1) year and the licensee shall not be issued a sexually oriented
business license for one (1) year from the date the revocation became
effective. If, subsequent to revocation, the County finds that the basis
for the revocation has been corrected or abated, the applicant may be
granted a license if at least ninety (90) days have elapsed since the date
the revocation became effective.
Section 8-107 Posting of license.
Every person, corporation, partnership, or association licensed under this
section shall display such license in a prominent place.
Section 8-108 Hours of operation.
(a) No sexually oriented business shall be open for business before 8:00
a.m. or after 2:00 a.m. daily, local time.
(b) No business, nor any owner, agent or employee, licensed under this
section shall admit customers or prospective customers, or remain
open for business, or allow, permit or condone any customer or patron
upon the premises of a sexually oriented business before 8:00 a.m. or
after 2:00 a.m. daily, local time.
Section 8-109 Patronage of a sexually oriented business by minors
and employment of minors.
(a) No business, nor any owner, agent, or employee, licensed under this
article shall allow, permit or condone the patronage of any person
21
under the age of 18 years upon the licensed premises. A violation of
this subsection shall be grounds for revocation of any license issued to
such violator pursuant to this article.
(b) No business, corporation, partnership, association, or other entity
licensed pursuant to this article shall employ any person under the age
of 18 years. A violation of this subsection shall be grounds for
revocation of any license issued to such violator pursuant to this
article.
Section 8-110 Specific regulations pertaining to sexually oriented
businesses.
(a) At least one employee shall be on duty at all times when a patron is
inside the premises to ensure that no illegal activity is taking place
within the establishment.
(b) Sexually oriented businesses shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every area to which patrons
are permitted access.
(c) Adult motion picture theaters and adult theaters shall be in an enclosed
building with no less than 100 fixed seats. No private viewing rooms
or semi-private booths are allowed.
(d) An adult mini motion picture theater shall not allow more than one
person in a viewing room at any time.
(e) No owner or operator shall allow openings of any kind to exist
between viewing rooms within an adult mini motion picture theater.
(f) Violation of these provisions shall be grounds for revocation of the
business license issued pursuant to this Article.
Section 8-111 Prohibited conduct on premises of sexually oriented
businesses.
(a) It shall be a violation of this article for any person in a sexually
oriented business to appear in a state of full nudity or to depict
specified sexual activities.
(b) No owner, operator, manager, employee, entertainer or contract
personnel, nor any customer or patron, shall appear bottomless or in a
state of full nudity while on the premises of a sexually oriented
business.
22
(c) No owner, operator, manager, employee, entertainer or contract
personnel, nor any customer or patron, shall perform any specified
sexual activities, wear or use any device or covering exposed to view
which stimulates or simulates any specified anatomical area, use
artificial devices or inanimate objects to perform or depict any of the
specified sexual activities, as defined within the Orange County
Unified Development Ordinance (UDO), or participate in any act of
prostitution while on the premises of a sexually oriented business.
(d) No owner, operator, manager, employee, entertainer or contract
personnel, nor any customer or patron, shall knowingly touch, fondle
or caress any specified anatomical area of another person, knowingly
permit another person to touch, fondle or caress any specified
anatomical area of his or hers, whether such specified anatomical areas
are clothed, unclothed, covered or exposed, or sit on or in or otherwise
occupy the lap of anyone while on the premises of a sexually oriented
business.
(e) No owner, operator, manager, employee, entertainer or contract
personnel shall knowingly or intentionally appear in a semi-nude
condition unless the person, while semi-nude, is at least ten (10) feet
from any patron or customer and on a stage that is at least two (2) feet
from the floor.
(f) No employee shall solicit any pay or gratuity from any patron or
customer while said employee is in a state of semi-nudity while on the
premises of a sexually oriented business.
(g) No private dance, viewing, projection or meeting areas shall be
allowed within a sexually oriented business.
(h) Consumption and/or sale of alcoholic beverages shall be prohibited
within a sexually oriented business.
(i) Violation of these provisions shall be grounds for revocation of the
business license issued pursuant to this Article.
Section 8-112 Expiration of license.
All licenses shall expire one year from the date of issuance and may be
renewed only by making application as provided in this Article.
Section 8-113 Severability.
23
It is hereby declared to be the intention of the board that the sections,
paragraphs, sentences, clauses, and phrases of this article are severable,
and if any phrase, clause, sentence, paragraph, or section of this article is
declared unconstitutional or invalid by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality or invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this article, since the same would have been enacted by the
board of commissioners without the incorporation in this article of any
such unconstitutional or invalid phrase, clause, sentence, paragraph, or
section.
24
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(
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r
t
)
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x
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^
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T
r
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w
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^
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B
B
B
B
EXT
R
A
C
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E
USE
S
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t
r
a
c
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o
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E
a
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h
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r
o
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~
A
A
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A
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1 St
a
f
f
is
re
c
o
m
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e
n
d
i
n
g
th
e
us
e
s
be
al
l
o
w
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d
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ou
r
me
d
i
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an
d
he
a
v
y
in
d
u
s
t
r
i
a
l
di
s
t
r
i
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s
as
a pe
r
m
i
t
t
e
d
us
e
of
pr
o
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r
t
y
.
Th
i
s
is
du
e
to the lack of identified
se
n
s
i
t
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us
e
s
(i
.
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.
re
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d
e
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o
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h
,
et
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ty
p
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c
a
l
l
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fo
u
n
d
in
th
o
s
e
ar
e
a
s
of
th
e
Co
u
n
t
y
wh
e
r
e
la
r
g
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sc
a
l
e
in
d
u
s
t
r
i
a
l
/
m
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operations are
in
t
e
n
d
e
d
fo
r
de
v
e
l
o
p
me
n
t
.
25
Article 5: Uses
S
e
c
t
i
o
n
5
.
2
:
T
a
b
l
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o
f
P
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a
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o
u
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t
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a
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O
r
d
i
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a
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c
e
Page 5-20
TAB
L
E
O
F
PER
M
I
T
T
E
D
USE
S
– ECO
N
O
M
I
C
DEV
E
L
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P
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N
T
DIS
T
R
I
C
T
S
* = PER
M
I
T
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E
D
USE
A = CLA
S
S
A SPE
C
I
A
L
USE
B = CLA
S
S
B SPE
C
I
A
L
USE
C = CON
D
I
T
I
O
N
A
L
USE
(RE
Z
O
N
I
N
G
& CLASS A SUP)
USE
TYP
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GEN
E
R
A
L
USE
ZON
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DIS
T
R
I
C
T
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BUC
K
H
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R
N
ED
D
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ED
D
HIL
L
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B
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EDD
ED
B
-
1
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B
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-
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H
-
1
ED
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-
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-
3
EDH-4 EDH-5
#
S
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o
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Z
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t
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a
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e
.
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,
E
D
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2
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)
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G
r
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s
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t
e
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p
r
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P
a
p
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r
a
n
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p
a
p
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p
r
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c
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h
a
r
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t
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c
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l
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m
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C
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L
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e
c
t
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a
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m
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B
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e
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s
t
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r
m
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p
e
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r
m
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B
B
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s
t
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r
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d
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B
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l
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r
r
a
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l
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o
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,
i
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o
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a
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s
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o
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t
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o
r
s
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c
c
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s
s
o
r
y
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l
y
a
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d
s
u
b
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e
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n
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)
*
*
Wa
t
e
r
a
n
d
s
a
n
i
t
a
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y
s
e
w
e
r
p
u
m
p
i
n
g
s
t
a
t
i
o
n
s
*
*
*
*
*
*
2 St
a
f
f
is
re
c
o
m
m
e
n
d
i
n
g
al
l
o
w
i
n
g
th
e
us
e
on
l
y
in
th
e
En
o
Hi
g
h
In
t
e
n
s
i
t
y
ge
n
e
r
a
l
us
e
zo
n
i
n
g
di
s
t
r
i
c
t
gi
v
e
n
ex
i
s
t
i
n
g
de
v
e
l
o
p
m
e
n
t
tr
e
n
d
s
in the area. There are less
id
e
n
t
i
f
i
e
d
‘s
e
n
s
i
t
i
v
e
us
e
s
’
in
th
i
s
ar
e
a
ve
r
s
u
s
th
e
Bu
c
k
h
o
r
n
Ec
o
n
o
m
i
c
De
v
e
l
o
p
m
e
n
t
di
s
t
r
i
c
t
.
Th
e
us
e
is
al
s
o
no
t
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
pu
r
p
o
s
e
and intent of the
va
r
i
o
u
s
Hi
l
l
s
b
o
r
o
u
g
h
ED
D
di
s
t
r
i
c
t
s
.
26
Article 5: Uses
Section 5.6: Standards for Commercial Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-62
from adjacent residentially zoned property.
(4) The site shall be located on a major road, as classified in the Orange County
Comprehensive Plan, unless permitted as an ASE-CZ.
(5) Parking shall not be located in the front yard space.
(6) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
(b) An analysis of the amount of groundwater withdrawal considered to be
safe and sustainable in the immediate vicinity; and
(c) An analysis of whether other wells in the vicinity of the proposed use are
expected to be affected by withdrawals made by the proposed use.
5.6.15 Sexually Oriented Businesses
(A) Standards of Evaluation
(1) No sexually oriented business(es) shall be located in a building or on a premises
where alcohol or alcoholic beverages are sold or in a building or on a premises
that allows alcohol or alcoholic beverages to be consumed.
(2) Sexually oriented business(es) shall not be located in any building, or portion
thereof, that is:
(a) Within 1,000 feet of an existing sexually oriented business.
(b) Within 1,000 feet of a:
(i) Residential land use including any open space established as
part of the residential subdivision approval process,
(ii) Church and/or place of worship,
(iii) School (public, private, or specialty),
(iv) Public or private library,
(v) State licensed child care facility, or
(vi) Public park or recreational facility.
(c) Measurement shall be made in a straight line, without regard to the
intervening structures or objects, from the nearest portion of the building
or structure used as the part of the premises where a sexually oriented
business is conducted to the nearest portion of a building, structure, or
open space area of a use listed above.
(3) Signs are allowed, as permitted by Section 6.12, but may not include promotional
displays, flashing lights, or photographs, silhouettes, drawings, or pictorial
representations of any manner depicting sexual activity, themes or nudity.
27
Article 8: Nonconformities
Section 8.11: Sexually Oriented Businesses
Orange County, North Carolina – Unified Development Ordinance Page 8-5
(3) Required front setback;
(4) Required side and rear setback;
(5) Maximum building height;
(6) Required landscaping; and
(7) Required parking.
(C) A non-conforming commercial or industrial structure destroyed to the extent of 60% or
more of its floor area and located on a non-conforming lot shall not be required to comply
with dimensional requirements regulating minimum lot area per use and/or minimum lot
width but shall comply with the dimensional requirements regulating (3) through (7) in
subsection (B) above.
(D) A non-conforming residential structure destroyed to the extent of 75% or more of its floor
area may only be reconstructed in accordance with the regulations of the district in which
located, including those regulating:
(1) Minimum lot area per dwelling unit;
(2) Minimum lot width;
(3) Required front setback;
(4) Required side and rear setback;and
(5) Maximum building height.
(E) A non-conforming residential structure destroyed to the extent of 75% or more of its floor
area and located on a non-conforming lot shall not be required to comply with either or
both dimensional requirements regulating minimum lot area per dwelling unit and/or
minimum lot width but shall comply with the dimensional requirements regulating (3)
through (5) in subsection (D) above.
(F) Appeal(s) for a variance from the requirements of subsections (B) through (E) of this
Section shall be heard by the board of adjustment.
SECTION 8.11: Sexually Oriented Businesses3
In addition to the provisions of this Section, the following additional standards shall govern nonconforming
sexually oriented businesses.
(A) Any sexually oriented business lawfully operating on February 2, 20164, the effective
date this Ordinance, deemed to be in violation of this Ordinance shall be deemed a
nonconforming use.
(B) Such uses shall be permitted to continue for a period not to exceed one year from the
date of adoption. After this period the use shall either be brought into conformity with
established regulations or shall discontinue operation.
(C) If two or more sexually oriented businesses are within 1,000 feet of one another and
otherwise in a permissible location, the business that was established first and continually
operating at its present location shall be considered the conforming use and the later
established business(es) shall be considered the nonconforming use.
(D) A sexually oriented business lawfully operating as a conforming use shall not be
rendered nonconforming by the subsequent location of any land use identified within
Section 5.6.15, locating within 1,000 feet of the subject property.
3 Insertion of this new section will automatically renumber subsequent sections of the UDO.
4 This date is subject to change based on the BOCC’s 2016 meeting calendar.
28
ARTICLE 10: DEFINITIONS
SECTION 10.1: DEFINITIONS
For the purpose of this Ordinance, certain terms and words are herein defined and interpreted as follows:
AASHTO
American Association of State Highway and Transportation Officials.
Accessory Structure
A structure that is located on the same lot as a principal structure and houses an accessory use.
Accessory Use
An activity that may or may not be listed in the Permitted Use Table, which is conducted in conjunction
with a permitted principal use, but constitutes only an incidental or insubstantial part of the total activity
that takes place on the lot and is customary and ancillary to the established principal use of property.
Accessory uses shall comply with all setback requirements for the district in which the use is located. For
example, an in-ground swimming pool is required to meet all applicable setbacks including any required
fencing around the physical pool, the concrete walkway around the pool, and any pump or utilities
associated with the operation of the facility.
Adult Uses
An establishment which has a majority of its business which excludes minors by reason of age because
of the sexually explicit nature of the material. Such establishments include, but are not limited to, adult
bookstores, adult theaters (drive-in, picture and mini-picture), adult cabaret, etc.
Adult Arcade
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five or fewer persons per machine at any one
time, and where the images so displayed are distinguished or characterized by the depicting or describing
of specified sexual activities or specified anatomical areas.
Adult Bookstore
A bookstore:
(a) Which receives a majority of its gross income during any calendar month from the sale or
rental of publications (including books, magazines, other periodicals, videotapes, compact
discs, other photographic, electronic, magnetic, digital, or other imaging medium) which are
distinguished or characterized by their emphasis on matter depicting, describing, or relating
to specified sexual activities or specified anatomical areas, as defined in this article; or
(b) Having as a preponderance (either in terms of the weight and importance of the material or in
terms of greater volume of materials) of its publications (including books, magazines, other
periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or
other imaging medium) which are distinguished or characterized by their emphasis on matter
depicting, describing, or relating to specified sexual activities or specified anatomical areas,
as defined herein.
Adult Cabaret
A nightclub, bar, restaurant, or similar commercial establishment that for at least ten percent of its
business hours in any day features:
(a) Persons who appear in a state of nudity or semi-nudity; or
(b) Live performances that are characterized by the exposure of specified anatomical areas or by
specified sexual activities; or
29
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-2
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are
characterized by the depiction or description of specified sexual activities or specified
anatomical areas; or
(d) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended
for the sexual interests or titillation of an audience or customers.
Adult Escort
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another
person for the purpose of participating in, engaging in, providing, or facilitating specified sexual activities.
Adult Escort Agency
A person or business that furnishes, offers to furnish, or advertises to furnish adult escorts as one of its
business purposes for a fee, tip, or other consideration.
Adult Live Entertainment
Any performance involving of the actual presence of real people which exhibits specified sexual activities
or specified anatomical areas, as defined in this section.
Adult Live Entertainment Business
Any establishment or business wherein adult live entertainment is shown for observation by patrons.
Classified herein as an Adult Cabaret.
Adult Merchandise.
Any product dealing in or with explicitly sexual material as characterized by matter depicting, describing,
or relating to specified sexual activities or specified anatomical areas.
Adult Mini Motion Picture Theatre
An enclosed building with viewing booths designed to hold patrons which is used for presenting motion
pictures, a preponderance of which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in
this article, for observation by patrons therein.
Adult Motion Picture Theatre
An enclosed building or premises used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified
sexual activities or specified anatomical areas, as defined in this article, for observation by patrons
therein. "Adult motion picture theatre" does not include any adult mini motion picture theatre as defined
herein.
Adult Motel
A hotel, motel or similar commercial establishment that:
(a) Offers accommodation to the public for any form of consideration and provides patrons with
closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other
photographic reproductions that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible from the public rights-
of-way that advertises the availability of this adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than six hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is
less than twelve hours.
Adult Theater
A theater, concert hall, auditorium, or similar commercial establishment that for at least ten percent of its
business hours in any day, features persons who appear in a state of nudity or live performances that are
characterized by the exposure of specified anatomical areas or by specified sexual activities.
30
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-3
Adult Patron
Any person who is physically present on the premises of a sexually oriented business and who is not an
owner, employee, agent, subcontractor, or independent contractor of said business, or any entertainer or
performer at said business.
Adult Video Store
A commercial establishment that, as one of its principal business purposes, offers for sale or rental for
any form of consideration any one or more of the following: books, magazines, periodicals or other printed
matter, or photographs, films, motion picture, video tapes or cassettes, video reproductions, CD-ROMs,
slides, or other visual representations which depict or describe specified sexual activities or specified
anatomical areas; or any combination thereof.
Agricultural Processing Facility, Community
A facility utilized for the processing of produce and/or other commodities produced by no more than 5
cooperative farm partners for the consumption of others (e.g. small canning operation); Activities shall
include, but may not be limited to, canning, dehydrations, washing, cutting or basic preparation of raw
produce but does not include processing of live animals (see Meat Processing Facility). May include
accessory retail sales of products processed on-site.
Agricultural Processing Facility
A facility utilized for the processing and packaging of produce and/or other commodities for transport to
off-site wholesale or retail establishments. Facilities may be utilized by farm-based producers,
restaurateurs, caterers, food entrepreneurs, and the like. Activities shall include, but may not be limited to,
canning, dehydrations, washing, cutting or basic preparation of raw produce prior to shipment but does
not include processing of live animals (see Meat Processing Facility). May include accessory retail sales
of products processed on-site.
Agricultural Services
Commercial activities offering goods and services which support production of agricultural products or
processing of those products to make them marketable. Examples include, but are not limited to, soil
preparation, animal and farm management, landscaping and horticultural services, specialized
commercial horticulture, specialized animal husbandry, biocide services, retail sales of farm/garden
products, supplies and equipment, equipment rental and repair service, tack shop, farrier, blacksmith,
welding shops, facilities for animal shows, animal sales and auctions, agriculture-based clubs/meeting
halls, storage of agricultural supplies and products, and processing plants for agricultural products
including wineries and canneries.
Agricultural Water Uses
The use of waters for stock watering, irrigation and other farm purposes.
Agritourism
A business directly related or incidental to agricultural activities occurring on the bona fide farm on which
it is located and conducted for the enjoyment or education of the public.
Airport (Heliport: S.T.O.L. Port), Air Carrier
A public airport served by a certified air carrier. This includes any runways, land areas or other facilities
designed or used for landing, taking off, processing passengers or cargo.
Airport, Commuter Service (Heliport: S.T.O.L. Port)
A public airport, not served by a certified air carrier, but is served by one or more commuter airlines which
enplaned 2500 or more passengers in the preceding calendar year.
Airport, General Aviation (Heliport: S.T.O.L. Port)
A public airport serving aviation other than airlines. This includes any runway, land area, or other facility
designed or used for the landing and taking off of small aircraft.
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Anchoring
The fastening of the mobile home to its mobile home stand in order to prevent upset or damage due to
wind, erosion, flooding, or other natural forces.
Appeal
A request from a review of an administrative interpretation of any provision of this Ordinance by the Board
of Adjustment.
Applicator
Any person, firm, corporation, wholesaler, retailer, distributor, any local, state or federal governmental
agency, or any other person who applies fertilizer to the land of a consumer, or client, or to land they own,
or to land they lease or otherwise hold rights.
Area of special flood hazard
See “Special Flood Hazard Area (SFHA) Overlay District”
Assembly/Packaging Operation
Assembly and packaging of merchandise for distribution by mail or carrier.
Auditorium
A place of assembly to watch and/or to hear athletic events, musical performances, dramatic or dance
performances, speeches and/or ceremonies. The term is intended to include such uses as stadiums,
coliseums, athletic centers, theaters and arenas.
Bed and Breakfast Inn
See “Rural Guest Establishments.”
Base flood
The flood having a 1% chance of being equaled or exceeded in any given year. It is often referred to as
the 100-year flood.
Base flood elevation (BFE)
A determination as published in the Flood Insurance Study of the water surface elevations of the base
flood. This elevation, when combined with the “Freeboard” (see definition) establishes the “Regulatory
Flood Protection” (see definition) elevation.
Basement
Any area of the building having its floor sub grade (below ground level) on all sides.
Best Management Practices (BMPs)
A structural or non-structural management-based practice used singularly or in combination to reduce
non-point source pollution to receiving waters in order to achieve water quality protection goals. (See
also, Detention Pond and Engineered Stormwater Controls) (Unless otherwise specified, “BMP”, when
used in this Ordinance, refers to structural BMPs.)
Biosolids
Solid, semi-solid, or liquid residue (sewage sludge) generated during primary, secondary or advanced
wastewater treatment processes of domestic sewage that is treated to state and/or federal standards for
beneficial use (such as land application as fertilizer).
Bottomless
A state of nudity or semi-nudity where a person exposes to view a human bare buttock, anus, male
genitals, or female genitals.
Buffer
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Land Use Plan
A set of documents and maps that categorize existing patterns of land development and set guidelines for
the desirable intensity, density, quantity, type, location and timing of future development based upon the
goals and policies set forth in the Plan. The Land Use Plan can be found in the Land Use Element of the
Comprehensive Plan.
Lap
The area between a person's knees and his or her waist.
Length of Wall
The horizontal distance from corner to corner. Where walls in continuous general frontage (as in the case
of attached dwellings) are off-set by angles or setbacks of six feet or more, the length of each segment so
set off shall be measured separately in establishing pertinent yard depth. Length of the wall of a circular
building shall be construed as the diameter of the building.
Level of Service
A qualitative measure that describes the operational conditions or a road or intersection, as defined by
the Highway Capacity Manual. The various service levels are defined by a range from A to F, with A
representing free flow traffic conditions and F representing stop-and-go traffic.
Light, Flashing
A light that intermittently flashes on and off.
Light Source
The point of origin illumination emanates; usually a lamp. Please refer to the definition of Outdoor
Lighting, Lamp for additional information.
Light Trespass
Intrusion of direct light projected from one property or roadway onto another property or roadway.
Livability Space
Livability space is part of total open space appropriately improved and located as outdoor living space for
residents and for aesthetic appeal. Such spaces include lawns and other landscaped areas, walkways,
paved terraces and sitting areas, outdoor recreational areas, and landscaped portions of street rights-of-
way. Such space shall not be used for vehicles, except for incidental service, maintenance or emergency
action.
Livability Space Ratio
Livability space ratio is the minimum square footage of non-vehicular outdoor space required for each
square foot of land area in residential development. It is open space used for people, planting and visual
appeal and does not include vehicular parking and access areas.
Lodgings
Living quarters which do not contain independent kitchen facilities, provided, however, that dwelling units
occupied by transients on a rental or lease basis for periods of less than one week shall be considered
lodging units even though they contain independent kitchen facilities.
Lodging Unit
A room or rooms connected together, constituting a separate lodging for one family only, physically
separated from any other rooms or dwelling or lodging units. Where two or more rooms are connected by
a doorway or doorways, and arranged, equipped and furnished in such a manner that they might
reasonably be rented, leased or occupied, either individually or in combination, each room shall be
construed as a lodging unit.
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institutions of higher learning (universities, colleges and technical institutes). On-site faculty development
workshops and fellowship training programs may also be provided as part of the organization's purpose.
Non-Residential Development
Development of any land use which is not residential in nature, including uses (such as churches) which
are allowed in residential zoning districts.
Non-Residential Floor Area - Inclusions and Exclusions
The sum of areas for non-residential use on all floors of the building measured from the outside faces of
the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and
balconies, and below-grade floor areas used for non-residential access and storages. Not countable as
floor area are:
a) Open terraces, patios, atriums, or balconies.
b) Any residential space.
Non-Residential Land Area
All land for non-residential development and related uses, including open space, within the district in the
case of locations which are controlled by these regulations. Non-residential land area shall not be
construed to include lands not beneficial to non- residential use due to location or character, or areas
used predominantly for residential purposes.
Nudity or a State of Nudity.
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without
a fully opaque complete covering of the breast below a point immediately above the top of the areola, or
human male genitals in a discernibly turgid state even if completely and opaquely covered.
Nursing Home
A facility, licensed by the appropriate state agency for the care of aged or infirmed individuals, that meet
the requirements set forth in this Ordinance.
Nutrient Sensitive Waters
Those waters which are so designated in the classification schedule in order to limit the discharge of
nutrients (usually nitrogen and phosphorous). They are designated by “NSW” following the water
classification.
Obstruction
Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across, or projecting into any watercourse, which may
alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
Office Use
A use of property for professional and clerical activities associated with the operation of a business.
Offices & Personal Services, Class 1
Offices and personal services that attract few customers or clients on premises other than employees,
generate low traffic volumes (< 100 trips/day), and have no adverse impacts beyond the space occupied
by the building.
Offices & Personal Services, Class 2
Offices and personal services that generate medium traffic volumes (100-400 trips/day), and have no
adverse impacts beyond the lot boundaries.
Offices & Personal Services, Class 3
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Any approved ground absorption sewage treatment and disposal system other than an approved privy or
an approved septic tank system.
Septic Tank System
A subsurface sanitary sewage system consisting of a septic tank and a subsurface disposal field.
Setback
Yard space other than a court unoccupied and unobstructed by any structure or portion of a structure
from thirty inches above the general ground level of the graded lot upward, except as specifically provided
in these regulations; provided, however, that fences and walls may be permitted in any setback subject to
height limitations established generally or for the district and, further provided that poles, posts and other
customary accessories, ornaments, furniture and landscaping shall be permitted in any setback if they do
not constitute substantial impediments to free flow of light and air across the setback or violate provisions
of these or other regulations regarding visibility.
Sexually Oriented Devices
Without limitation, any artificial or simulated specified anatomical area or other device or paraphernalia
that is designed principally for specified sexual activities but shall not mean any contraceptive device.
Sexually Oriented Business.
A business which offers its customers or adult patrons any device, activity or demonstration depicting
specified sexual activities, or which is intended to appeal to sexual interests, titillation or arousal of the
customer or adult patron. A sexually oriented business shall include an adult establishment as defined
herein as well as NCGS § 14-202.10(2) and, in addition, without limitation shall include: adult arcade,
adult bookstore, adult video store, adult cabaret, adult media center, adult live entertainment business,
adult motel, adult motion picture theater, adult mini motion picture theater, adult theater, and adult escort
agency.
Sign
Any letter, figure, character, mark, plane, point, marquee, design, poster, pictorial, picture, stroke, stripe,
line, trademark, reading matter, or illuminated surface which is constructed, placed, attached, painted,
erected, fastened or manufactured in any manner so that the same shall be used for the attraction of the
public to any place, subject, person, firm, corporation, public performance, article, machine, or
merchandise, which are displayed in any manner, including out-of-doors.
Sign, Abandoned
A sign for which no legal owner can be found or any sign face or sign structure that advertises a business
not conducted on the premises for over 90 days. In making the determination that a sign advertises a
business no longer being conducted, the Planning Director shall consider the following: the existence or
absence of a current occupational license, utility service deposit, or account; use of the premises; and
relocation of the business.
Abandoned Sign shall also include the following:
a) Through age and/or obsolescence a sign that no longer conforms to structural or maintenance
specifications of Section 6.12, or
b) Any pole, pylon, or structure expressly installed for the purpose of affixing a sign that bears no
sign or copy.
Sign, Advertiser
Any person who is a lessee or owner of a sign, an agent of same, or anyone that has beneficial use of a
sign.
Sign, Advertising Display Area
The advertising display surface area encompassed within any polygon that would enclose all parts of the
sign. The structural supports for a sign, whether, they be columns, pylons, or a building, or a part thereof,
shall not be included in the advertising area. Also known as Sign Area.
An example of how advertising display area or sign area is calculated is as follows:
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Special Event
A commercial activity attracting at least 20 people at any given time, that typically does not involve
permanent structures, and does not occur more frequently than seven days in a 30-day period or more
than 50 days per year. Examples of special events are craft shows, small festivals, concerts, medical or
veterinary clinics, and sites operated by businesses engaged in hosting outdoor social events such as
picnics or receptions sponsored by a restaurant or caterer.
Activities which are not included in this definition include:
a) Events of a personal or non-profit, nature such as family reunions and church activities;
b) Farm-related or rural events such as horse shows, 4-H events and auctions; and
c) Fund-raising events for non-profit organizations.
Special Flood Hazard Area (SFHA)
The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as
determined in Section 4.3 of this Ordinance, as defined by the base flood elevation. The mapped special
flood hazard area approximates the base flood elevation.
Special Flood Hazard Area Overlay District
An overlay district establishing standards for development for properties within identified floodplains.
Special-Purpose Unit of Government
Any special district or public authority.
Special Use
A use which would not be appropriate generally throughout the zoning district or without special study, but
which, if controlled as to number, area, location or relation to neighborhood, would be appropriate. Such
uses which are listed as Special Uses in the Permitted Use Table, Section 5.2, may be installed and
operated only after approval by the Board of Commissioners or by the Board of Adjustment, as
appropriate, subject to the general and specific standards.
Specified Anatomical Areas
(a) Less than completely and opaquely covered human: (i) genitals, pubic region, (ii) buttocks, or (iii)
female breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts.
Start of Construction
Includes substantial improvement, and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first placement of
permanent construction of a structure (including a manufactured home) on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions
of the building.
State Agency
Every department, agency, institution, public authority, board, commission, bureau, division, council,
member of Council of State, or officer of the State government of the State of North Carolina.
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Telecommunication Facilities, Whip Antenna
A cylindrical antenna that transmits and/or receives signals in 360 degrees.
Telecommunication Facilities, Wireless facility
The set of equipment and network components, exclusive of the underlying wireless support structure or
tower, including antennas, transmitters, receivers base stations, power supplies, cabling, and associated
equipment necessary to provide wireless data and wireless telecommunications services to a discrete
geographic area. This may also be referred to as a Personal Wireless Facility.
Telecommunication Facilities, Wireless facility Stealth
A wireless support structure designed using stealth technology such that its primary purpose is, or
visually appears to be, something other than the support of telecommunications equipment, the apparent
purpose of the wireless support structure is customarily considered as accessory to a use that is allowed
in the zoning district, and the structure and its primary use comply with this Ordinance.
Telecommunication Facilities, Wireless support structure
A new or existing structure, such as a monopole, lattice, or guyed tower that is designed to support or
capable of supporting wireless facilities. A utility pole is not a wireless support structure.
Telecommunication Facilities, Wireless Telecommunications Facility (WTF),
Includes both Telecommunications Site and Personal Wireless Facility
A structure, facility or location designed, or intended to be used as, or used to support antennas or other
transmitting or receiving devises. This includes without limit wireless support structures of all types, kinds
and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other
structures that can be used as a support structure for antennas or the functional equivalent of such. If
further includes all related facilities and equipment such as cabling, equipment shelters and other
structures associated with the facility. It is a structure and facility intended for transmitting and/or
receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS),
commercial satellite services, microwave services, and any commercial wireless telecommunication
service not licensed by the FCC.
Temporary Residential Mobile Home
A mobile home, intended for residential use for a limited period of time, for purposes of providing for
custodial care under a Class B Special Use Permit or providing temporary residential space during the
installation of a replacement mobile home or construction of a stick-built or modular residential unit on the
same lot, and for 30 days after the issuance of Certificate of Occupancy for the permanent unit. The
temporary mobile home is not attached to a permanent or semi-permanent foundation.
Temporary Use Building
A building, not intended for residential use, consisting of one or more modules constructed off the ultimate
site of use. The building is also not attached to a permanent or semi-permanent foundation.
Ten-Year Transition Land
Land located in areas that are in the process of changing from rural to urban densities and/or intensities,
that are suitable for higher densities and/or intensities and could be provided with public utilities and
services within the first 10-year phase of the Comprehensive Plan update or where such utilities and
services are already present or planned. Non-residential uses implemented in accordance with small
area plans and/or overlay districts may be appropriate.
Touch or Touching.
In the context of a sexually oriented business any form of intentional physical, bodily contact regardless of
whether exposed or clothed parts of any body are involved.
Tourist Home
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