HomeMy WebLinkAboutORC agenda 110216ORANGE 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, November 2, 2016
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 formally
considered by the Planning Board. 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 - 29 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
TEMPORARY RESIDENTIAL UNITS CONDITIONAL ZONING DISTRICT
To review and comment upon proposed amendments to the UDO that
would establish a new conditional zoning district for temporary
housing units.
Presenter: Patrick Mallett, Planner II
3. ADJOURNMENT
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ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 2, 2016
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance (UDO) Text Amendment – Proposed New
Conditional Zoning District Named Temporary Residential Units Conditional Zoning (TRU-
CZ) and Modification of Mobile Home Park Conditional Zoning (MHP-CZ) allowing for
Temporary Residential Units.
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form
2. Proposed UDO Amendments
Patrick Mallett, Planner II (919) 245-2577
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2592
PURPOSE: To review and comment upon a proposed government-initiated Unified
Development Ordinance (UDO) text amendment allowing for creation of a Temporary
Residential Units Conditional Zoning (TRU-CZ) District and modification of the Mobile Home
Park Conditional Zoning (MHP-CZ) District.
BACKGROUND: This amendment is in response to a work session with the BOCC on February
18, 2016 to review current development regulations and discuss opportunities for allowing more
flexibility with respect to residential development.
During this work session, staff recommended modifying the existing MHP-CZ District to allow for
a limited number of Temporary Residential Units (TRU) in mobile home parks, including
recreational vehicles (RVs) and tiny homes constructed to the RV standard, as well as creating
a new TRU-CZ District. Staff further recommended revising Section(s) 3.8 Conditional Districts
and 5.2 Table of Permitted Uses to include appropriate references to the allowance of TRUs.
The proposed text change accounts for the fact that RVs and Tiny Homes, built to an RV
standard, are not currently allowed in any zoning district.
Attachment 1 contains additional information and analysis regarding this amendment. Proposed
text amendment language can be found in Attachment 2 within a “track changes” format.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County planning staff. Existing staff, included in the departmental staffing
budget, will accomplish the work required to process this amendment.
RECOMMENDATION(S): Planning staff recommends the Ordinance Review Committee review
and comment upon the proposed amendments to the UDO.
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COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2016-08
Development of a new conditional zoning district allowing for the development of
recreational vehicle (RV) parks expanding opportunities for their use as temporary
housing, including allowances for the location of tiny homes classified as RV’s.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section(s)
• 2.9.2 Conditional Zoning Districts;
• 3.8 Conditional Districts (MHP-CZ and TRU-CZ);
• 4.2.8 Modification of the Impervious Surface Ratio;
• 5.2 Table of Permitted Uses;
• 5.5 Standards for Residential Uses; and
• Article 10 Definitions.
Other:
Attachment 1 3
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B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendments to allow for creation of a new Conditional Zoning District
allowing for temporary residential units, namely Recreational Vehicles (RVs) and
Tiny Homes built to RV park standards.
The proposal will also seek to amend existing mobile home park regulations to allow
for a maximum percentage of RV stands to be created within an established park. It
will also create a Temporary Residential Unit Conditional Use District (TRU-CZ) to
allow for the same type units.
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’.
A Recreational Vehicle (RV) is currently defined within Article 10 of the UDO as:
A self-propelled or towed vehicle, qualified to be licensed by the
appropriate State Agency, and is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, providing short
term recreational living accommodations, designed primarily not for use as
a permanent dwelling, but as temporary living quarters for recreational,
camping, travel, or seasonal use.
The only land use category allowing for the development of RV stands would be
Camp/Retreat Center as detailed in Section 5.7.4 of the UDO. This section makes
references to allowing for the development of ‘camp sites’ which staff has interpreted
allows for the development of RV stands for camping purposes only. Currently there
are no ‘camp’ sites with RV stands.
On recent inspections in several mobile home parks staff discovered parked/moored
RVs, which is inconsistent with current regulations/standards.
There has been increased interest in allowing for RV parks providing opportunities for
temporary residential uses. This includes locating tiny homes, built on a chassis and
classified under State building regulations as an RV, in both mobile home parks and
as standalone uses of property. In some instances staff is fielding inquiries from
individuals with family members receiving treatment in local hospitals looking for
areas where an RV could be parked to serve as a temporary residence.
RVs are not currently permitted within mobile home parks as they do not meet
established criteria (i.e. they are not classified as a manufactured home consistent
with HUD standards).
This proposal would establish a new district that could address many of these issues
and provide options to those looking for temporary housing. This includes allowing for
tiny home structures, constructed on a chassis and meeting the definition of an RV.
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The amendment would also provide a mechanism for RVs to be permitted under
certain circumstances within mobile home parks.
Most mobile home park projects were developed prior to current zoning regulations
and, as a result, have de-facto zoning approvals.
As with all Conditional Zoning districts the project would involve the negotiation of
design elements between the BOCC and applicant to ensure the viability of the
project. Requests to develop this new district would be reviewed as a rezoning
request (i.e. legislative review) and acted upon by the BOCC in accordance with
Section 2.9.2 of the UDO.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Chapter 4 Housing Element of the Comprehensive Plan:
• Housing Goal 1 – A wide-range of types and densities of quality housing
affordable to all in all parts of the County.
Chapter 5 Land Use Element of the Comprehensive Plan:
• Land Use Goal 1 – Fiscally and environmentally responsible, sustainable
growth consistent with the provision of adequate services and facilities and a
high quality of life.
• 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 3 – A variety of land uses that are coordinated within a
program and pattern that limits sprawl, preserves community and rural
character, minimizes land use conflicts, and supported by an efficient and
balanced transportation system.
• 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, 2016
b. Quarterly Public Hearing
February 13, 2017
c. BOCC Updates/Checkpoints
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November 2, 2016 – Planning Board Ordinance Review Committee (ORC)
meeting (BOCC receives agenda materials)
January 4, 2017 – Planning Board Recommendation (BOCC receives agenda
materials)
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:
November 2, 2016 – Ordinance Review Committee
January 4, 2017 – Recommendation
b. Advisory Boards:
Affordable Housing Advisory Board
(AHAB) as necessary
c. Local Government Review:
Staff shall transmit the proposed
amendment(s) to the Towns of Chapel
Hill, Carrboro, Mebane, and
Hillsborough for JPA and courtesy
review.
d. Notice Requirements
Legal advertisement for the public hearing shall be 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 FY2016-17 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
General Public:
Small Area Plan Workgroup:
Other:
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to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment(s) will provide an opportunity for the location/use of temporary housing
and address existing non-conforming situations. This process could also provide a
mechanism allowing for the location of certain types of tiny homes within the County.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Patrick Mallett
Planning
(919) 245-2577
pmallett@orangecountync.gov
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Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-31
(I) Zoning Atlas Designation
Following approval of a CUD application/permit by the Board of County Commissioners,
the property shall be identified on the zoning atlas by the appropriate parallel CUD
designation. This designation is the general zoning district designation plus the letters
“CU”.
(J) Timeline for Development of Approved Uses
(1) Construction of the approved project must begin within 12 months of the approval
of the permit. If no construction has started within the stated time frame the
permit becomes null and of no effect.
(2) The property owner may request only one 6-month extension from the Board of
County Commissioners upon the favorable recommendation of the Planning
Board if the request is received before the permit expires.
(3) The application for an extension request shall be submitted a minimum of six
months prior to the expiration of the permit.
(K) Alterations to an Approved CUD
(1) Changes to approved plans and conditions of development shall be treated as
changes to the zoning atlas and shall be processed as an amendment to such as
contained in Section 2.8.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.2 Conditional Zoning District (CZD)
(A) Generally
Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific
Conditional Zoning District and detailed in Section 3.8 of this Ordinance shall be
developed.
(B) Applications
Applications to rezone property to a CZD shall be submitted to the Planning Director and
shall be processed in accordance with the procedure(s) for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5) for CZDs that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the CZD application form, an applicant shall also submit the
following information:
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Article 2: Procedures
Section 2.9: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 2-32
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for MPD-CZ applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater. For
Mobile Home and/or temporary residential housing parks, the utility
service plan shall specify if the proposed services are temporary or
permanent connections.1
(g) A schedule of construction of all elements of the proposal.
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project’s compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development (MPD) CZD shall include the requirements in Section 6.7. The
requirements of (1)(b) through (1)(h) above are applicable for MPD-CZ
applications.
(3) 26 copies of the application package required in (1) and (2) above shall be
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a CZD.
(D) Neighborhood Information Meeting
(1) Before a Public Hearing may be held on an accepted application for a CZD, the
applicant is required to schedule, with the assistance of the Planning
Department, a minimum of one neighborhood information meeting. The purpose
of this meeting is to obtain surrounding property owner input and comments on
the proposed development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail notices of the meeting date
and time via first class mail to each property owner within one thousand feet of
the property for which a CZD has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) The 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.
1 An RV can only be served by a temporary utility connection while a mobile home can only be served by a
permanent utility connection. This is consistent with NC State Building Code standards for permanent versus
temporary structures. Similar language has also been proposed within Section 5.5.4, the standards associated with
the development of a mobile home park.
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Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-67
MHP-CZ
MOBILE HOME PARK
DIMENSIONAL AND RATIO STANDARDS
Tract size, min./max.
(acres) 10/50
Tract Front Setback
from ROW, min. (feet) 40
PURPOSE Tract Side Setback,
min. (feet) 20
The purpose of the Mobile Home Park Conditional Zoning (MHP-CZ)
District is to provide for the development of properly located and
planned facilities for mobile home parks. Adequate housing is
fundamental to the welfare of county residents; however,
conventional housing is not consistently affordable to, nor desired
by, all members of the general public. Where properly regulated
and located, mobile home parks address the public need for
alternative housing and achieve a satisfactory relationship to
adjoining and nearby property.
Tract Rear Setback,
min. (feet) 20
Individual Mobile Home
Space Size, min.
(square feet)
5,000
APPLICABILITY Individual Space Width,
min. (feet) 50
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed mobile home district,
the relationship of the site and site development plan to adjoining
property, and the development itself.
Height, max. (feet) 25 [1]
Tract Floor Area Ratio,
max
Consistent with
residential uses in
adjacent zoning districts
Required Open Space
Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
DIMENSIONAL STANDARDS NOTES:
[1] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required Livability
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
Required Recreation
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
MHP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the MHP-CZ District in Section 5.2. Additionally, non-residential uses
are restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section
4.2.3 for land use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. The residential density permitted on a given parcel is based on the Watershed Protection Overlay District in which
the property is located. Refer to Section 4.2.4 for a breakdown of the allowable density (i.e., the number of
individual dwellings that can be developed on a parcel of property).
4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
5. For lots outside of a Watershed Protection Overlay District (see Section 4.2), the minimum usable lot area for lots
that utilize ground absorption wastewater systems shall be 30,000 square feet for parcels between 40,000 square
feet and 1.99 acres in size; zoning lots two acres and greater in size shall have a minimum usable lot area of at
10
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-68
least 40,000 square feet.2
65. A mobile home park shall contain a minimum of ten mobile home spaces.
76. See Section 5.5.4 for standards pertaining to Mobile Home Parks.
7.. When a new mobile home park is proposed to be located adjacent to an existing mobile home park, the Standards
in Section 5.5.4 shall be met.
89. Each mobile home stall, stand or space shall contain only one residential unit. Efficiency units as defined herein are
prohibited within MHP-CZ districts.3
910. A maximum of 25% of the total stalls, stands or spaces may be reserved to accommodate temporary residential
units such as rRecreational vVehicles. 4A temporary residential unit shall only be allowed within a given park for a
maximum of 180 days,5 and shall only be served by a temporary utility connection in accordance with applicable
State regulations.
101. All permanent residentiual units within a mobile home park shall be designed and built to the appropriate State and
Housing and Urban Development (HUD) standards6 and shall be served by permanent utility connections.
2 Language is being deleted as there are no individual ‘mobile home lots’ within a mobile home park. A Mobile
home park is required to be a minimum of 10 acres in size and has to have a minimum of 10 ‘stalls’ allowing for 1
unit per stall. The regulation is redundant.
3 The regulation is designed to ensure there is only residential land use per each 5,000 sq.ft. staff within a mobile
home park.
4 To address a comment from Planning Board and BOCC members about encouraging and/or promoting location(s)
for temporary residential land use options we are recommending operators of mobile home parks be allowed to
delineate and reserve a specific percentage of approved stalls for use by temporary housing units (i.e. a
recreational vehicle, camper, or a tiny home constructed on a chassis).
5 The 180 day limit is to ensure consistency with State regulations with respect to the type of utility connection
required to serve ‘temporary’ versus ‘permanent’ residential units.
6 The reason for the distinction is to ensure permanent dwelling units comply with the appropriate criteria.
11
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-69
TRU-CZ
TEMPORARY RESIDENTIAL UNIT
DIMENSIONAL AND RATIO STANDARDS
Tract size, min./max.
(acres) 10/50
Tract Front Setback
from ROW, min. (feet) 507
PURPOSE Tract Side Setback,
min. (feet) 507
The purpose of the Temporary Residential Unit Conditional Zoning
(TRU-CZ) District is to provide locations supporting the use of
temporary housing units including Rrecreational Vvehicles, campers,
and housing units constructed on a chassis. The district is is
designed to accommodate the need for transitory housing options
and not intended to provide opportunities for permanent residential
use. but is designed to accommodate the need for transitory housing
options.
Tract Rear Setback,
min. (feet) 507
Individual Space Size,
min. (square feet) 23,000
APPLICABILITY Individual Space Width,
min. (feet) 508
The district shall be located in such a manner as to be compatible
with the character of existing development of surrounding properties,
thus insuring the continued conservation of building values and
encouraging the most appropriate use of land in the county.
Therefore, when evaluating an application for this district, emphasis
shall be given to the location of the proposed district, the
relationship of the site and site development plan to adjoining
property, and the development itself.
Height, max. (feet) 25 [1]
Tract Floor Area Ratio,
max
Consistent with
residential uses in
adjacent zoning districts
Required Open Space
Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
DIMENSIONAL STANDARDS NOTES:
[1] Two feet of additional height shall be allowed for one foot
increase of the required front and side setbacks.
Required Livability
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
Required Recreation
Space Ratio, min.
Consistent with
residential uses in
adjacent zoning districts
MHP-CZ DISTRICT SPECIFIC DEVELOPMENT STANDARDS
1. Uses shall be restricted to those indicated for the District in Section 5.2. Additionally, non-residential uses are
restricted based on the Watershed Protection Overlay District in which the property is located. Refer to Section
4.2.3 for land use restrictions.
2. Development within the zoning district shall be subject to all applicable use standards detailed in Article 5 and all
applicable development standards detailed in Article 6 of this Ordinance.
3. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is
located. Refer to Sections 4.2.5 and 4.2.6 for a breakdown of the allowable impervious surface area.
7 Staff is recommending a larger setback given the transitory nature of land uses in the district and our desire to
minimize potential impacts to adjacent property owners (i.e. noise, order, etc.).
8 Spaces shall be 50 ft. by 60 ft. This is to allow adequate maneuvering space for vehicles/campers/etc. to be
parking within the space and not impact adjacent tenants.
12
Article 3: Base Zoning Districts
Section 3.8: Conditional Districts
Orange County, North Carolina – Unified Development Ordinance Page 3-70
4. A TRU-CZ district shall contain a minimum of 20 indivudal stalls/spaces and shall be developed in accordance with
the standards of Section 5.5.4 of this Ordinance.
5. Each indivudal stall or space within a TRU-CZ district shall only be served by temporary water, sanitary sewer and
electric utility connections in accordance with applicable State regulations.
6. No permanent residential dwelling units, other than a caretakers residence, shall be permitted within the TRU-CZ
district.
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Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-9
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity, subject to the
following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes) and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
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Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-10
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through the installation of a stormwater feature, consistent with the minimum design
standards as detailed within the State BMP Manual.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infiltration
stormwater feature.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State stormwater manual and shall be
completed by a licensed engineer with expertieseexpertise9 in stormwater
management. Additional allowable impervious surface area shall be based on the
soil composition of the property consistent with State regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP in accordance with
County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the Couinty and other agencies or offficials as 9
appropriate. Once approved, the document shall be recorded in the Orange
County Registrar of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved BMP.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s) for the property after the BMP has been approved by
the County.
(7) The property owner, at its cost and expense, shall be required to execute and file
with the County a bond, or other form of acceptable security, to cover the cost of
removal of a BMP, and any additional impervious surface area installed as the
result of its approval, in the event the BMP is failed to be maintained in
accordance with the recorded operations agreement. The amount of the bond
shall be 110% of the estimated cost of removing the feature and impervious
surface area as certified by a licensed professional engineer or surveyor.
9 Staff is merely recommending the correction of an identified typo.
15
Article 5: Uses
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16
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-35
(c) The use of the building shall be only for the period of time specified and
for the use specified.
(d) The proposed use is a permitted use in the district in which it is located.
SECTION 5.5: STANDARDS FOR RESIDENTIAL USES
5.5.1 Accessory Structures and Uses
(A) General Standards of Evaluation
(1) Accessory structures and uses, including recreational uses and amenities, shall
not be located in any required front open space and shall conform to the principal
setbacks of the district where located unless otherwise provided in this Section.
(2) An attached private garage, or carport, not exceeding 12 feet in height, may
occupy a portion of the required side open space, provided that this does not
result in a required side open space of less than 7% of the lot width, nor a total,
when combined with the required side open space of the lot immediately
adjacent, of less than eight feet.
(3) Mobile homes as accessory structures to residential uses are prohibited.
5.5.2 Efficiency Apartment
(A) General Standards of Evaluation
(1) There shall be no more than one efficiency apartment, whether detached or
attached, on any lot.
(2) The efficiency unit shall contains no more than 800 square feet of gross floor
area.
(3) The residential lot shall meet the minimum lot size requirements of the zoning
district in which it is located.
(4) The efficiency unit shall comply with the N.C. Residential Building Code including
minimum light/ventilation and room sizes.
(5) The efficiency unit shall be accessory to the principal dwelling unit and may be
attached or detached.
(6) The efficiency unit shall be served by an approved water supply and sanitary
facilities.
(7) The efficiency unit shall remain in the same ownership as the primary residence.
(8) Efficiency units shall not be permitted within the MHP-CZ, or TRU-CZ zoning
districts.
5.5.3 Home Occupations
(A) General Standards
(1) Submittal Requirements–
In addition to the completed application form, applicants for a minor or major
home occupation shall submit the following to the Planning Department:
(a) Minor Home Occupations
(i) A plot plan of the property on which the home occupation is to be
located. The plot plan shall show:
a. The location of the residence and/or accessory building
in which the home occupation is to be located in relation
to existing property lines and adjacent homes;
17
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-40
f. An existing accessory structure which is larger than the
permitted size referenced in Section 5.5.3.A(2)(e)(iii)a
may be used for the home occupation provided that no
more than the permitted amount of square feet is used
for the home occupation and the area is physically
separated by walls or other barriers. In order to qualify
as an existing accessory structure for the purpose of
conducting a home occupation, the structure must have
been constructed to meet building code requirements
applicable to a residential accessory structure, and must
have been in existence for at least 36 months.
(iv) Use of Outdoor Storage Space
a. Up to 500 square feet of outdoor storage area may be
permitted in conjunction with major home occupations
provided that it is:
i. Clearly defined on the site plan and on the
ground.
ii. Setback standards for outdoor storage space
shall be determined with the approved Special
Use Permit and in no case be less than 40 feet
from all property lines; and
iii. Totally screened from the view from the road
and from adjacent property in the same manner
required for accessory buildings.
5.5.4 Mobile Home Park and Temporary Residential Unit Parks
(A) Standards for MHP-CZ and TRU-CZ
(1) Permitted Uses and Structures
In addition to Mobile Homes and/or Temporary Residential Units, as defined by
this Ordinance, the following accessory structures and uses shall be permitted
within either a MHP-CZ or TRU-CZ district:
(a) Caretaker's or manager's home or office.
(b) Service buildings and areas necessary to provide washing and drying
machines for domestic laundry, sanitation, rest rooms, storage, vending
machines, and other similar services provided by the facility for the use
and convenience of the mobile home park tenants.
(c) Recreation buildings/facilities and areas serving only the mobile home
park in which they are located.
(d) Customary accessory buildings and facilities necessary for operation of
the mobile home park in which they are located.
(e) Within a MHP-CZ district, Storage storage buildings for individual mobile
home spaces and intended for the exclusive use of the occupants of the
mobile home space shall be permitted. Such accessory structures shall
meet required setbacks from individual mobile home space/stall lines.
Individual storage buildings are prohibited within the TRU-CZ district.
(f) Fenced, communal storage areas provided by the park operator for
boats, campers, and other accessory vehicles belonging to park
residents or tenants or users.
18
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-41
(g) Sales of mobile homes and/or Temporary Residential Units already
located on approved and established mobile home stall, stand or spaces
within a MHP-CZ district.
(2) Mobile Home Stand or Stall Space Dimensional Requirements
(a) MHP-CZ District:
(a)(i) A mobile home park shall be divided into mobile home spaces or
stalls, with each space having an area of at least 5,000 square
feet and a minimum width of at least 50 feet. However, the
Orange County Health Department may increase the minimum
area requirements for the park and/or individual stand spaces
where necessary to be consistent with groundwater resources
and/or the limitations of providing sewage disposal systems for
the proposed mobile home park. Spaces or stalls reserved for
Temporary Housing Units within a MHP-CZ district, as permitted
within Section 3.8 of this Ordinance, shall meet the same
requirements.
(ii) Only one mobile home and its customary accessory buildings
may be erected on any mobile home stand space or stall at one
time. Additional Efficiency units or Temporary Residential
Housing unitsUnits shall not be permitted within an occupied
mobile home space or stall.
(b) TRU-CZ District:
(i) A temporary residential housing park shall be divided into
individual spaces or stalls, with each space having an area of at
least 3,000 square feet and a minimum width of at least 50 feet.
(b)(ii) No permanent housing units, or other stuctures, shall be
permitted within a temporary residential housing park space or
stall.
(3) Mobile Home Stand Requirements
(a) MHP-CZ District:
Each mobile home and/or Temporary Residential Unit must be placed within an
individual stall and/or space on a permanent stand in accordance with the
following specifications:
(a)(i) The location of each mobile home stand must be at an elevation,
distance and angle in relation to the adjacent access drive or
street such that placement and removal of the mobile home is
practical by means of customary moving equipment.
(b)(ii) The surface of each mobile home stand and the area around it
shall be graded where necessary to provide proper drainage and
prevent the accumulation of water.
(c)(iii) Each mobile home stand shall have a solid base surface
consisting of at least three inches of compacted fill dirt, crusher
run or Chapel Hill gravel, or paved slab, and it shall comply with
those standards specified in the State of North Carolina
Regulations for Mobile Homes and Modular Housing. Prior to
installation of the base surface, all top soil shall be removed from
the area to be occupied by the mobile home stand.
(b) TRU-CZ District:
19
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-42
Each temporary house unit must be placed within an individual stall and /or
space in accordance with the following specifications:
(i) The surface of each stand and the area around it shall be graded
where necessary to provide proper drainage and prevent the
accumulation of water.
(ii) Each stand shall have a solid base surface consisting of at least
three inches of compacted fill dirt, crusher run or Chapel Hill
gravel, or paved slab, and it shall comply with those standards
specified in the State of North Carolina Regulations for Mobile
Homes and Modular Housing. Prior to installation of the base
surface, all top soil shall be removed from the area to be
occupied by the stand.
(4) Separation Requirements
(a) MHP-CZ District:
The following separation requirements shall pertain to every mobile home, single
or double wide, within a mobile home park.
(a)(i) Each mobile home shall be located at least 20 feet from another
mobile home, Temporary Residential Unit, and/or building within
the mobile home park, external to the individual mobile home
stand space. For purposes of determining separation
requirements, all attached structures, including storage buildings,
carports and covered porches, will be considered part of a
mobile home.
(b)(ii) Each mobile home shall be located at least 22 feet from the right
of way line or edge of pavement of an access drive or street
providing access to the space on which the mobile home is
located, whichever is greater.
(c)(iii) A detached accessory structure located within an individual
mobile home stand space and intended for the use of the
occupants of the space shall be located at least five feet from
any mobile home or other building.
(b) TRU-CZ District:
The following separation requirements shall pertain to every mobile home, single
or double wide, within a mobile home park.
(i) Each Temporary Residential Unit shall be located at least 10 feet
from another unit, and/or building within the park, external to the
individual space or stall.
(ii) Each Temporary Residential Unit shall be located at least 22 feet
from the right of way line or edge of pavement of an access drive
or street providing access to the space, whichever is greater.
(5) Installation of Individual Mobile HomesUnits
(a) MHP-CZ District:
(b)(i) Each mobile home shall be set up and installed in accordance
with standards specified in the State of North Carolina
Regulations for Mobile Homes and Modular Housing.
(c)(ii) The owner/operator of a mobile home park shall designate a
uniform type of solid foundation enclosure or skirting fully
20
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-43
enclosing the crawl space beneath each mobile home in the
mobile home park. Foundation enclosures or skirting must be
installed in accordance with applicable standards of the North
Carolina State Building Code and, in any event, within 90 days of
placement of a mobile home on a mobile home space.
(iii) Access shall be provided to all entrances of a mobile home by
way of steps (including handrails) installed in accordance with
the standards of the North Carolina State Building Code. Where
the residents of a mobile home choose to install decks adjacent
to entrances, the mobile home will be required to have steps and
handrails which meet the standards of the North Carolina State
Building Code until the decks are completed.
(d)(iv) Temporary Residential Units erected within a mobile home park
shall comply with the standards detailed herein.
(b) TRU-CZ District:
(i)
(6) Vehicular Access
(e)(c) Each mobile homestall or space shall abut an improved access drive or
street approved by the County.
(f)(d) No mobile homestall or space shall have direct vehicular access to a
street or thoroughfare other than those located within the mobile home
park.
(g)(e) The street layout within the mobile home park should be appropriately
related to the topography, locations of abutting land uses, drainage
patterns, street function and other natural features of the site.
(h)(f) The planned layout of streets should minimize overall length of streets
and provide for the safe, continuous flow of traffic within the mobile home
park.
(i)(g) All streets within a mobile home park shall be located within a 40 foot
right- of- way
(j)(h) The travelway for all streets shall be at least 18 feet in width and must
comply with the drainage standards established in this Ordinance.
(k)(i) All streets shall be constructed with paved, all-weather surfaces
consisting of four inches of base material (crusher run) and 1 ½ inches of
1 -2 asphalt or tar and gravel surface treatment consisting of a minimum
of six inches of base material (crusher run) covered with alternating
layers of tar and pea sized gravel.
(l)(j) Every street within a mobile home park shall have a maintained six foot
wide shoulder running parallel and adjacent to each side of the paved
street surface. The shoulder section may be used for walkways,
driveways, grass or low growing vegetative ground cover or utility rights
of way.
(m)(k) The maximum length of a cul-de-sac shall be 800 feet. Cul de sacs shall
have a paved turnaround radius of 45 feet with a right of way radius of 55
feet.
(n)(l) No street shall intersect another street at an angle less than 60 degrees.
(o)(m) The turning radius at street intersections shall not be less than 30 feet.
21
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-44
(p)(n) Offset intersections are to be avoided, but where permitted, they shall be
separated by a minimum distance of 200 feet between street center
lines.
(q)(o) Where streets serving a mobile home park intersect with a State
maintained street, the intersection design shall conform to the standards
of the North Carolina Department of Transportation specified in
Subdivision Roads Minimum Construction Standards.
(r)(p) Required off street parking spaces must be surfaced with at least four
inches of compacted crushed stone or an all weatherall-weather paved
surface.
(6) Signs
(a) Any sign erected on-site shall comply with the standards established in
Section 6.12 of this Ordinance.
(b) Traffic control signs (stop, yield, speed limit, children playing signs, etc.)
meeting the standards of the Uniform Traffic Control Manual shall be
placed throughout the mobile home park where necessary. Cul-de-sacs
shall have ‘Dead End’ street signs erected at the entrance to such
streets.
(7) Street Names, Signs & Unit Numbering
(a) All street names shall be approved by the Orange County Planning
Department and street signs shall be constructed to Orange County
standards. All street signs must be installed outside the right-of-way at
all intersections.
(b) Each applicant must submit to the Planning Department for approval a
mobile home space and/or stall numbering/location system for the park,
based on the equal interval house numbering system employed by
Orange County. Upon approval of the mobile home park, the applicant
shall submit an approved copy of the space numbering/location system
to the emergency services/fire protection agency responsible for
providing such services to the Mobile Home Park.
(c) Each mobile homeindividual stand spacespace and/or stall shall have a
permanent site number sign consistent with the following:
(i) The site number sign shall be composed of reflective materials
or contrasting colors,
(ii) The number on the sign shall be at least six inches or greater in
height,
(iii) The sign shall be affixed to either the mobile home when the unit
is placed on the stand space, or on a post when assocaited with
a Temporary Residential Unit at a point six feet or more above
ground level, and
(iv) The number on the sign shall match that number assigned to the
space on the approved space numbering/location system plan.
(8) Grounds and Buildings
(a) The grounds of a mobile home park shall be maintained free of litter,
debris and trash, including but not limited to abandoned appliances,
automobiles, building materials or similar materials.
(b) Grounds, buildings and storage areas within the mobile home park shall
be maintained to prevent the growth of ragweed, poison ivy, poison oak
and other noxious weeds.
22
Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-45
(9) Mail Facilities
(a) Wihtin Each mobile home parkMHP-CZ district, the park operator shall
provide a clustered mail delivery system, in compliance with the
appropriate postal service guidelines. Applicants for approval of a
mobile home park shall consult the appropriate agency for the specific
requirements of this system.
(b) Access to the mail delivery facility must be designed to allow three to
four cars to stop at the mail delivery facility without conflict from passing
vehicles.
(10) Garbage & Refuse Collection
(a) All garbage and refuse for individual mobile homesspace and/or stall in
each park shall be stored in suitable waterproof and rodent proof
receptacles which shall be kept covered with tightly fitting lids.
(b) A central collection system must shall be provided within the park either
through a private collection system of individual mobile homes or through
the use of bulk containers (dumpsters).
(c) Where bulk containers are used, there must be at least one four cubic
yard bulk container for each 16 mobile homes, which shall be emptied
weekly. For Within the mobile home parksMHP-CZ district, parks with
less than 16 homes, one container is required.
(d) Bulk containers shall be front loading wherever practicable. A side-
loading container may be allowed where a front-loading container is not
feasible and the property is accessible to a regular route of a side-
loading refuse collection vehicle.
(e) Where bulk containers are provided, a six inch reinforced concrete pad
shall be provided to set the set container and also support the front
wheels of the truck during the loading operation. The pad shall be 10
feet in width and 20 feet in length with at least 10 feet of the pad
accessible for the truck to drive onto in front of the dumpster container
for front loading pickup. If side loading containers are used, the pad may
be 12 feet in width and eight feet deep with no projection for the truck
wheels.
(f) Bulk refuse containers (dumpsters) shall be screened in accordance with
the provisions of Section 6.8.9 of this Ordinance.
(11) Operations
Each applicant shall submit to the Orange County Planning Department tenancy
rules and regulations governing the operation of the Mmobile Hhome Temporary
Residential Unit Ppark.
(12) Recreation Areas and Facilities
Recreation areas shall be provided in accordance with the Land Use Intensity
System included in Sections 6.3 and 7.11 of this Ordinance.
(13) Buffers and Landscaping
(a) Mobile homeStall and/or stand spaces must be located at least 100 feet
from any property line, not including street right-of-ways, regardless of
the zoning district. The disturbance of land within the 100 foot buffer is
prohibited.
(b) Existing vegetation within the 100 foot buffer must be retained and
additional plantings may be required to meet the Type F buffer
standards, established in Section 6.8.6 of this Ordinance, along the
perimeter of the site.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-46
(c) Mobile homeStall or stand spaces must be set back 40 feet from a
public street right-of-way. The disturbance of land and existing
vegetation within the setback area is prohibited and additional plantings
may be required to meet the standards for a Type C buffer.
(14) Utilities
(a) All utility installations shall comply with applicable building and health
codes of Orange County and the State of North Carolina, and the
requirements of the North Carolina Utilities Commission.
(a)(b) Temporary utility connections for RVs and Tiny Homes shall meet
applicable State of North Carolina Code and HUD requirements.
(b)(c) An adequate and safe potable water supply shall be required for the
mobile home park, from either a municipal or public water system. When
a municipal or public system is not available, the mobile home park must
be serviced by a supply approved in accordance with State and local
regulations.
(c)(d) An adequate and safe method of sewage disposal shall be required for a
mobile home park. Collection systems, sewage treatment facilities, or
individual septic tank systems shall be approved in accordance with
State and local regulations.
(d)(e) Street lighting shall be provided at each street intersection and
throughout the mobile home park. Where the distance between street
intersections exceeds 500 feet, additional street lights may be required.
(e)(f) All permanent utility systems shall be located underground, and
easements necessary for water, sewer, gas, electrical, cable TV,
stormwater, and other temporary utility systems and their connection
pedestals shall be shown on the mobile home park plans.
5.5.5 Existing Mobile Home Parks
(A) General Standards of Evaluation
(1) Existing mobile home parks that do not meet the standards set forth in this
Ordinance shall be considered non-conforming.
(1)(2) Existing Mobile Home Parks that convert spaces or stalls to accommodate
Temporary Residential Units (e.g. RVs and/or Tiny Homes) must meet applicable
standards of this section and UDO Section 2.5.
(2)(3) Non-conforming parks shall not expand in any way, beyond the existing
developed portions, but shall be allowed to remove and replace units existing
within the park at the time of adoption of this section.
(3)(4) Only the replacement of units on an existing mobile home space shall be
permitted, provided the following conditions are met:
(a) The total number of units does not exceed the number existing at the
time that the mobile home park became non-conforming; and,
(b) The existing waste treatment system is functioning properly.
(4)(5) Removal and replacement of such units shall not be considered expansion of the
non conformingnon-conforming use.
(5)(6) New mobile home parks or portions of existing mobile home parks that have
been previously approved, but have not constructed substantial improvements,
including, but not limited to, water systems, roads, parking areas, recreational
facilities and mobile home pads, or do not have sewage disposal systems
installed by the date of adoption of this section shall meet all applicable
standards for new mobile home park as set forth in this Ordinance.
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Article 5: Uses
Section 5.5: Standards for Residential Uses
Orange County, North Carolina – Unified Development Ordinance Page 5-47
5.5.6 Mobile Homes on Individual Lots
(A) General Standards of Evaluation
(1) Mobile homes, as principal residential buildings on individual lots, in existence at
the time of the adoption of this section may be improved by replacement of the
mobile home with another mobile home in accordance with the following:
(a) The number of mobile home units may not be increased beyond the
number in existence before replacement.
(b) The replacement mobile home must not create non conformingnon-
conforming yards or setbacks.
(c) Replacement mobile home units on individual lots are not required to
meet lot area and dimensional or lot coverage standards, but must meet
setback requirements as well as those requirements specified in
Subsections (4) and (5) below, if applicable.
(2) Individual mobile homes may be erected on any lot where the use is permitted,
provided it is in compliance with the requirements of the zoning district and all
other applicable regulations. These zoning requirements include, but are not
limited to: lot area and dimension; front, rear, and side yard setbacks; and lot
coverage.
(3) Individual tracts of land may be created for the purpose of erecting a mobile
home provided all requirements of this Ordinance, and any other applicable land
development standards are met.
(4) In addition to the requirements contained in Subsections (1) through (3) above,
the following requirements must be met in the Residential 1 (R-1) District:
(a) The mobile home must be placed on a permanent support system (See
definition of "support system", Article 10 of this Ordinance).
(b) The mobile home must be skirted.
(5) In addition to the requirements contained in Subsections (1) through (3) above
the following requirements must be met in the Agricultural Residential (AR)
district:
(a) The mobile home must be skirted.
(b) The home may be placed on a permanent support system, if desired. If
a solid concrete or masonry perimeter foundation is used, the exterior
covering material shall not extend below the top of the foundation.
(6) Temporary mobile homes installed in accordance with the Table of Permitted
Uses are exempt from the support system requirements established in
Subsections (4) and (5) above. However, skirting is required and the mobile
home must be connected in conformance with all applicable laws and
regulations.
5.5.7 Group Care Facility
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements –
In addition to the information required by section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) A description of the type of persons to be cared for and the nature of the
care to be provided.
25
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-10
Dwelling, Multi-Family
A building or lot containing three or more dwelling units.
Dwelling, Single Family
A detached building containing one dwelling unit.
Dwelling, Two Family
A detached building containing two dwelling units (duplex).
Dwelling Unit
A room or group of rooms forming a single independent habitable unit with facilities used or intended to
be used for living, sleeping, cooking and eating by one family; for owner occupancy or for rental, lease or
other occupancy on a weekly or longer basis, and containing independent cooking, sanitary and sleeping
facilities. Units otherwise meeting this definition but occupied by transients on a rental or lease basis for
periods of less than one week shall be construed to be lodging units. Mobile Homes and modular units
are to be considered dwelling units under this definition. An RV and/or a Tiny Home may be also
considered a dwelling unit depending on its design, classification, and building materials, and considered
a permanent structure by the NC Building Code.
EA
An Environmental Assessment.
EA, Completed
An Environmental Assessment that has been accepted by the Orange County Planning Department as
technically acceptable for purposes of this Ordinance.
EIS
An Environmental Impact Statement.
EIS, Completed
An Environmental Impact Statement that has been accepted by the Orange County Planning Department
as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being
reviewed for adequacy by the Orange County Planning Department.
Easement
A grant of rights by a property owner to another individual, group or governmental unit to make limited
use of a portion of real property for a specified purpose.
Economic Development Activity Node
Land in Transition areas of the County which has been specifically targeted for economic development
activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are
located adjacent to interstate and major arterial highways, and subject to special design criteria and
performance standards. Flex space typically includes one-story buildings designed, constructed, and
marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom,
manufacturing assembly or similar operations.
Efficiency Apartment
An additional dwelling unit accessory to a single- family residence meeting the development criteria
outlined within this Ordinance. An RV and/or a Tiny Home may be also considered an Efficiency
Apartment depending on its design, classification, building materials, and type of utilities.
26
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-27
Mean sea level
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) as
corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical
control datum used as a reference for establishing varying elevations within the floodplain, to which Base
Flood Elevations shown on a Flood Insurance Rate Map (FIRM) are referenced. Refer to each FIRM
panel to determine datum used.
Meat Processing Facility, Community
A smaller scale facility where livestock or wildlife is slaughtered, processed, and packaged for personal
consumption and/or wholesale or retail sale. The livestock must be raised on the subject farm and from 1
to 4 other cooperative farm partners.
Meat Processing Facility, Regional
A larger scale facility where livestock is slaughtered, processed, and prepared for distribution for
wholesale or retail sale.
Metal Fabrication Shop
A facility that is engaged in the shaping of metal and similar materials for wholesale or retail sale.
Microbrewery, production only
A facility that produces less than 15,000 barrels per year of craft malt beverages for wholesale or retail
sale and consumption off the premises. Shall be considered a bona fide farming use if located on a farm
and using primarily crops produced on-site.
Microbrewery with Minor Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with limited hours for tours of the facility and tastings of the products produced on-site, and small
periodic events that are expected to attract fewer than 150 people to the site. Food services may be
permitted under the conditional zoning or special use permit approval.
Microbrewery with Major Events
A facility that produces less than 15,000 barrels per year of craft malt beverages for consumption on- or
off-site with tours of the facility, tastings of the products produced on-site, and periodic events that are
expected to attract more than 150 people to the site. Food services may be permitted under the
conditional zoning or special use permit approval.
Mobile Home
A dwelling unit that:
a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential
Building for One- and Two-Family Dwellings;
b) Is composed of one or more components, each of which is substantially assembled in a
manufacturing plant and designed to be transported to the home site on its own chassis for
placement on a temporary or semi-permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning and electrical systems contained therein; and
c) Exceeds eight feet in body width and 32 feet in body length.
d) Is not certified by the Secretary of the Department of Housing and Urban Development.
Mobile home shall also mean a double-wide mobile home. An RV and/or a Tiny Home may be also
considered or converted to a mobile home depending on its design, classification, and building materials.
Mobile Home, Accessory
A subordinate structure, the use of which is customarily incidental to the permitted use of the principal
buildings. Accessory uses include, but are not limited to:
a) Storage unit,
b) Office, and
c) Classroom facility.
27
Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-28
The mobile home, as an accessory structure, must not create non-conforming yards or setbacks. The
installation of a mobile home, as an accessory structure, is exempt from the requirements set forth herein.
Skirting is required, and the mobile home must be connected to the required utilities, which include the
plumbing, heating, air conditioning and electrical systems contained therein, provided the unit is not
installed for the purpose of storage. The Orange County Health Department shall determine what type of
sewage disposal system is appropriate. If the unit is installed for the purpose of storage, only under-
skirting is required, connection to the required utilities (listed above) is optional. Efficiency apartments
cannot be used as an accessory to mobile homes.
Mobile Home Park
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5.4 for the placement of mobile homes for non-transient (placement for the duration of
the lease) use. Temporary units such as RVs and Tiny Homes may be located within Mobile Home Parks
so long as they do not exceed 25% of the total units and meet the standards set forth in UDO Section 2.5;
2.9; 3.8; 5.5.4; and 5,5,5.
Mobile Home Space/Lot
A parcel of land occupied or intended to be occupied by one and only one mobile home and for the
exclusive use of the occupants of said mobile home. Mobile Home Space shall also mean a parcel of
land in a mobile home park, provided with the necessary utility connections, patio, and other
appurtenances necessary for the erection thereon of only one mobile home (without an additional
efficiency, tiny home, and/or camper), and for the exclusive use of the occupants of said mobile home.
Mobile Home Stand/Pad
That portion of the mobile home space which has been reserved and prepared for the placement of the
mobile home.
Modular Home
A dwelling unit constructed in accordance with the construction standards of North Carolina Uniform
Residential Building Code for One- and Two-Family Dwellings and composed of components
substantially assembled in a manufacturing plant and transported to the building site for final assembly
and placement on a permanent foundation. Without limiting the generality of the foregoing, a modular
home may consist of two or more sections transported to the site each on its own chassis or steel frame,
or a series of panels or room sections transported to the site on a truck and erected, assembled, or joined
there. Tiny Homes may be built and classified as modular homes.
Motor Vehicle Maintenance and Repair
An establishment where the following services are available:
a) Body work,
b) Straightening of body parts,
c) Painting,
d) Welding,
e) Storage of motor vehicles not in operating condition.
Motor Vehicle Repair Garage
An establishment where the following services are available: major mechanical repairs, including engine
overhaul, and transmission work. Repair garages can also offer services similar to service stations.
Motor Vehicle Service Station
An establishment where gasoline, diesel oil and/or other fuel for internal combustion engines is supplied
and dispersed at retail and where, in addition, the following services may be rendered and sales made
and no other:
a) Sale and servicing of spark plugs, batteries and/or distributors and ignition systems parts;
b) Sale, servicing and repair of tires, but not recapping or regrooving;
c) Replacement of mufflers, tail pipes, water hoses, fan belts, brake fluid, light bulbs, windshield
wipers and blades, grease retainers, wheel bearings and the like;
d) Radiator cleaning, flushing and fluid replacement;
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Article 10: Definitions
Section 10.1: Definitions
Orange County, North Carolina – Unified Development Ordinance Page 10-34
Public Body
Any government or governmental agency of the Orange County, the State of North Carolina, or the
United States of America.
Public Interest Area
Land which contains public or quasi-public uses such as state parks, research forests or known
archaeological or historical sites.
Public Safety Hazard and/or Nuisance
Anything, which is injurious to the safety or health of an Orange County neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
Public Vehicular Areas
Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to
the public and where the offer for dedication has not been accepted.
Recreation Space
Exterior area appropriately improved for common recreational use. Part of total and livability open space.
Recreation Space Ratio
Recreation space ratio is the minimum square footage of open space in residential areas, suitable by
location, size, shape, access and improvements, required for each square foot of gross land area. This
area is a public or private exterior area improved for recreation of all residents, having a least dimension
of 50 feet, and average dimension of 100 feet and a minimum area of 10,000 square feet.
Recreation Vehicle (RV)
A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, and is built on
a single chassis, 400 square feet or less when measured at the largest horizontal projection, providing
short term recreational living accommodations, designed primarily not for use as a permanent dwelling,
but as temporary living quarters (i.e., for 180 days or less) for recreational, camping, travel, or seasonal
use. RVs shall be connected to temporary utility service connections, or if connected to permanent utility
services, converted to Mobile Home standards, designs, and specifications as set forth by the Orange
County UDO HUD and NC Codes. A Tiny Home may be classified as an RV so long as it is built or
converted to the RV standard.
Recreational Vehicle Park
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 2.5; 3.4; 3.8; 5.5.4; and 5.5.5 for the use of RVs on a temporary basis (i.e., less than 180 days)
with temporary connections to fixed pedestals for electric, water, and sanitary septic and/or sewer hook-
ups.
Recreational Facilities
A use of property occurring indoors and/or outdoors providing recreational amenities, activities, or
services for compensation. Activities shall include, but not be limited to: sports played on a court,
amusement arcades, bowling alleys, skating rinks, shooting ranges, billiard and pool halls, paintball, rope
climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic and yoga
studios, athletic facilities, and gymnasiums.
Reference level
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