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HomeMy WebLinkAboutORC agenda 070517 ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD ORANGE COUNTY WEST CAMPUS OFFICE BUILDING 131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004) HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, July 5 , 2017 Ordinance Review Committee Meeting – ~7:15 pm (immediately following Regular Planning Board meeting) 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. That said, one of the items on tonight’s agenda is a significant work item for 2017 and Planning Board members are strongly encouraged to attend this meeting. No. Page(s) Agenda Item 1. CALL TO ORDER 2. 2 – 55 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT - SUBDIVISIONS - To review government-initiated amendments to the text of the UDO that makes corrections to the amendments adopted on January 24, 2017 regarding subdivisions. Presenter: Patrick Mallett, Planner II 3. 56 – 199 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – REORGANIZATION OF TABLES OF PERMITTED USES To continue review and discussion on proposed amendments to the UDO that would reorganize the Tables of Permitted Uses in response to the Byrd v. Franklin County judicial decision and modify other sections to ensure consistency within the ordinance. Presenter: Michael Harvey, Current Planning Supervisor 4. ADJOURNMENT 1 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: July 5, 2017 Action Agenda Item No. 2 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Subdivisions DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline Form 2. Draft UDO Text Amendment Patrick Mallett, Planner II (919) 245-2577 Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and comment upon Staff proposed UDO text changes for Subdivisions. BACKGROUND: At the November 21, 2016 Quarterly Public Hearing staff presented a UDO text amendment package proposing modification of existing subdivision regulations. The proposal, including modifications requested by various BOCC members, was approved on January 24, 2017. While incorporating said amendments into the UDO, staff discovered inconsistencies between the November Public Hearing language and the approved ordinance, including: • Improper references to required minimum lot area for general use zoning districts, most notably the Rural Buffer (RB); • Inconsistent use of terminology; and • Incorrect citation of various section(s) of the UDO. The majority of proposed revisions appeared correctly within the amendment package presented at the November 21, 2017 quarterly public hearing. It would appear staff utilized an outdated version of the amendment package while completing the packet for the January 24, 2017 BOCC regular meeting thereby creating the aforementioned problem(s). This proposal seeks to resolve these errors, ensure the ordinance is consistent, and will meet legal sufficiency. The amendment outline form for this project, contained within Attachment 1, was approved by the BOCC at its May 2, 2017 regular meeting. Agenda materials from this meeting can be viewed at: http://server3.co.orange.nc.us:8088/weblink8/0/doc/46415/Page1.aspx. The amendment package, contained in Attachment 2, is currently going through Attorney and internal staff peer review, which will be completed prior to the August Planning Board regular meeting. This schedule would enable the amendment to proceed to the September Quarterly Public Hearing. 2 FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. 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. 3 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2017-01 Clarification of Recently Adopted Subdivision Regulations A. AMENDMENT TYPE Map Amendments Land Use Element Map: From: To: Zoning Map: From: To: Other: Text Amendments Comprehensive Plan Text: Section(s): UDO Text: UDO General Text Changes UDO Development Standards UDO Development Approval Processes Section(s): Section(s) 1. 3.3: Residential Districts; 2. 7.3 Subdivisions - Phasing of Major Subdivisions; 3. 7.4 Subdivisions - Improvements and Performance Guarantees; 4. 7.6 Subdivisions - General Design Standards; 5. 7.7 Subdivisions - Lots; 6. 7.8 Subdivisions - Access and Roadways; 7. 7.11 Subdivisions - Recreational Facilities; 8. 7.12 Subdivisions - Flexible Developments; 9. 7.13 Subdivisions - Specifications for Plat Drawings Attachment 1 4 10. Article 10 Definitions Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO, the Planning Director is proposing to initiate text amendments to correct inconsistences, omissions, and conflicts in existing subdivision regulations as adopted by the BOCC at its January 24, 2017 regular meeting. 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’. At the November 21, 2016 Quarterly Public Hearing staff presented a UDO text amendment proposing the modification of existing subdivision regulations. The amendment package was approved on January 24, 2017. While incorporating these amendments staff discovered inconsistencies and omissions between the public hearing packet and the approved ordinance including: • Improper references to required minimum lot area for general use zoning districts, • Inconsistent use of terminology, and • Incorrect citation/reference to section(s) of the UDO. The majority of these necessary revisions appeared correctly within the November 21, 2017 quarterly public hearing packet. While preparing for the January 24, 2017 BOCC regular meeting staff utilized the wrong version of the amendment package, which led to the creation of the aforementioned discrepancies. This text amendment resolves these errors, ensures the ordinance is consistent, and meets legal sufficiency. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 4. New Statutes and Rules N/A 5 C. PROCESS 1. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed May 2, 2017 b. Quarterly Public Hearing September 11, 2017 c. BOCC Updates/Checkpoints May 2, 2017 – Approval of UDO Amendment Outline Form July 5, 2017 – Planning Board Ordinance Review Committee (ORC) meeting (BOCC receives agenda materials) August 2, 2017 – Planning Board Meeting (BOCC receives agenda materials) d. Development Advisory Committee (DAC) e. Legal Sufficiency Determination f. Other 2. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements. a. Planning Board Review: July 5, 2017 - Ordinance Review Committee (ORC) August 2, 2017 - Recommendation b. Advisory Boards: N/A c. Local Government Review: Proposed text amendments will be sent to JPA partners (Towns of Chapel Hill and Carrboro) in accordance with the JPA Agreement. d. Notice Requirements May 4 and July 6, 2017 To be Determined N/A 6 Consistent with NC State Statutes – legal ad prior to public hearing e. Outreach: 3. FISCAL IMPACT Consideration and approval will not create the need for additional funding for the provision of County services. Costs for the required legal advertisement will be paid from FY2016-17 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 amendments would update the applicable sections of the UDO and eliminate identified inconsistencies. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment 2. Primary Staff Contact: Patrick Mallett Planning Department 919-245-2577 pmallett@orangecountync.gov General Public: Small Area Plan Workgroup: Other: 7 UNIFIED DEVELOPMENT ORDINANCE AMENDMENT PACKET NOTES: The following packet details the proposed text amendment regarding the modification of existing use standards. As the number of affected pages/sections of the existing UDO are being modified with this proposal, staff has divided the proposed amendments into the following color coded classifications:  Red Underlined Text: Denotes text that staff is suggesting be added to the UDO. This text captures elements that were contained in the November 2016 QPH but mistakenly omitted from the January 2017 BOCC meeting.  Red Strikethrough Text: Denotes existing text that staff is proposing to delete.  Red Highlighted Text: Denotes reference and grammar corrections made after the BOCC meeting in January 2017. Only those pages of the UDO impacted by the proposed modification(s) have been included within this packet. Some text on the following pages has a large “X” through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections ‘spill over’ onto the included page. Text with a large “X” is not proposed for modification. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document that regulates land use and development in Orange County. The full UDO is available online at: http://orangecountync.gov/planning/Ordinances.asp. . 8 Article 2: Procedures Section 2.14: Minor Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-45 (7) If the application is denied, the Planning Director shall issue a letter to the applicant detailing the reasons for denial and identifying modifications necessary for potential approval. 2.14.3 Final Plat Upon approval of the Concept Plan by the Planning Director, the subdivider may proceed with the preparation of the Final Plat. (A) Application Requirements (1) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a) Ten copies of the Final Plat prepared in accordance with Section 7.14.1(B) of this Ordinance; (b) A copy of the Final Plat indicating Health Department approval/denial for each lot shown thereon; (c) Auxiliary documents prepared in accordance with Article 7 of this Ordinance which assure completion and/or maintenance of required improvements. Such documents may include, but not be limited to, a private road maintenance agreement; escrow agreement or letter of credit by an approved institution; and guarantee of installation of any required road signs; (d) A copy of the Final Plat indicating approval of the plan to control sedimentation and erosion during construction of improvements. Where an erosion control plan is required, it shall comply with the provisions of Section 6.15 of this Ordinance. If an erosion control plan is not required, the copy of the Final Plat must be signed by the Erosion Control Officer certifying that a plan waiver has been approved or the amount of land disturbance on the site is not subject to the provisions of Section 6.15 of this Ordinance; and (e) A statement describing the methods proposed to protect environmental resources identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological and Geological Significance in the Unincorporated Portions of Orange County" and/or "Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina". (B) Review and Action (1) The Planning Director shall determine if the plat and application conform with all applicable regulations. (2) Auxiliary documents required by Article 7 shall be submitted by the Planning Director to the County Attorney for review and recommendation. (3) The Planning Director may submit copies of the Final Plat application and accompanying material to other officials and agencies for review and comment. Other potential reviewers include, but are not limited to: (a) NC DOT, (b) Orange County Schools, (c) Orange County Land Records, (d) County Attorney, (e) Orange County Environmental Health, (f) Orange County Erosion Control, 9 Article 2: Procedures Section 2.14: Minor Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-46 (g) Orange County Engineering, (h) Public Utility Companies, and (i) Orange County Department of Environment, Agriculture, Parks and Recreation (DEAPR). (4) Reviewers shall provide a certification to the Planning Director of the suitability, provisional suitability, or unsuitability of the proposal. Recommendations of the reviewers may be incorporated as conditions of approval of the subdivision. (5) The Planning Director shall take action on an application solely on his/her findings as to compliance with applicable regulations and conditions and shall either: (a) Approve the application; or (b) Approve the application with conditions; or (c) Deny the application. (6) The Planning Director shall notify the applicant of the action in writing. (C) Action Subsequent to Approval (1) The applicant shall submit a reproducible mylar original of the Final Plat to the Planning Director for endorsement within one year of Final Plat approval. (2) The Planning Director may grant an extension of this time limit to one-year from the original date of expiration if the applicant files an extension application in accordance with Section 2.2. (3) The Planning Director shall obtain all required certification signatures and shall endorse approval of the approved Final Plat on a reproducible mylar original after all other certification signatures have been obtained. The Planning Director shall prepare the Declaration of Restrictions. (4) The Planning Director shall notify the applicant when all required certification signatures have been obtained and County Attorney review is complete. The applicant shall then make an appointment with the Planning Director to have the approved plat and any associated documents necessary to assure conformance with regulations recorded in the Officer of the Register of Deeds. The approved plat and any associated documents must be recorded within 90 days after the Planning Director's endorsement of approval. (5) The Planning Director shall accompany the applicant to the Register of Deeds Office to ensure the approved plat and any required documents are recorded in the correct order and to fill in the book and page references, where applicable. Documents shall be numbered in the order they are to be recorded. The order is as follows: (a) Approved plat (b) Road Maintenance Agreement, if required (c) Declaration of Restrictions (d) Homeowners/Property Owners’ Association documents, if required (6) If the approved plat is not recorded within the specified time period, the plat is void. (7) Any plat or portion thereof not receiving final plat approval within the time period set forth in (5) above shall be null and void except under the following conditions: (a) The subdivision is built in sections or phases, and a phasing plan was approved as part of the Preliminary Plat; 10 Article 2: Procedures Section 2.14: Minor Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-47 (b) The period between the approval date of the Preliminary Plat and the approval date of the Final Plat for the first phase does not exceed one year; and (c) The period between the approval date of the Final Plat of the first phase and the approval date(s) of the Final Plat(s) of any subsequent phase(s) does not exceed the time limits specified in the phasing plan of the Preliminary Plat. If no phasing plan is indicated, then the period between Final Plat approvals shall not exceed six months. (8) If a phasing plan for construction of the subdivision is approved, the expiration date of the Preliminary Plat shall be governed by the time period(s) approved as part of the phasing plan. (9) The Planning Director may extend the deadline for recordation provided the applicant can demonstrate a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements for recordation within the specified period. (10) All final plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section 7.14.3 7.13.3 of this Ordinance. (11) Recordation of the approved final plat, and any required auxiliary documentation shall be with the advice and consent of the Planning Director. 11 Article 2: Procedures Section 2.15: Major Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 2-49 2.15.2 Concept Plan (A) Pre-Application Review To promote better communication and avoid unnecessary expense in the design of acceptable subdivision proposals, each subdivider is encouraged to meet with the Planning Department staff prior to submitting an application for Concept Plan approval. The purpose of this informal meeting is to introduce the applicant to the provisions of this Ordinance and discuss his/her objectives in relation thereto. (B) On-Site Visit (1) Prior to submission of a Concept Plan application, the applicant shall schedule a mutually convenient time to walk the property with the Planning Director. The purpose of this visit is to familiarize the Planning Director with the property's special features, and to provide an informal opportunity to offer guidance to the applicant regarding the tentative location of Secondary Open Space Areas, potential dwelling locations, and potential street alignments. (2) Prior to scheduling the on-site visit, the applicant shall have prepared the Site Analysis Map as required in Section 7.13.2(A)(3) and shall submit the Site Analysis Map to the Planning Director when the on-site visit is scheduled. (3) If the on-site visit is not scheduled before submittal of the Concept Plan application, it shall occur prior to the Neighborhood Information Meeting. (C) Application Requirements (1) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a) An Orange County Geographic Information Systems (GIS) Map showing the location of the parcel to be subdivided. (b) 25 copies of a Concept Plan of the proposed major subdivision prepared in accordance with the specifications for Concept Plan drawings as contained in Section 7.13.2(A) of this Ordinance. A Concept Plan shall include the following: (i) A Site Analysis Map; (ii) A Conventional Development Option; and (iii) A Flexible Development Option. (3) In lieu of a three-part Concept Plan, one Concept Plan may be submitted if the applicant is seeking approval only of a Flexible Development Plan. The applicant may also combine the Site Analysis Map and the Flexible Development Option into a single plan, provided the information required in Section 7.1 3.2(A) is displayed in a clear and legible form. If an applicant chooses this option, he/she shall comply with the provisions for determining density contained in Section 7.12.4(A). (4) A comparison of the impacts of the Flexible Development Option to those that would result from the Conventional Development Option. (5) A checklist identifying consistency with applicable design guidelines as contained in Section 7.12.8(B). (6) Number 10 (business) sized envelopes with first class postage affixed addressed to each owner of property within 500 1,000 feet of the property proposed to be subdivided. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records System. (D) Neighborhood Information Meeting 12 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-2 SECTION 3.3: RESIDENTIAL DISTRICTS RB RURAL BUFFER DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) Conventional Subdivision Process (Article 7) 87,120 Flexible Development Subdivision Process (Section 7.12) 40,000 43,560 [1] PURPOSE Lot Width, min. (feet) 130 The purpose of the Rural Buffer (RB) District is to provide locations for rural residential developments and agricultural, silvicultural or horticultural uses which serve to buffer or separate more intensively planned and/or developed portions of Orange County. Development within the Rural Buffer (RB) District is at very low densities (the minimum lot size per dwelling unit is two acres) and relies on individual wells and ground absorption systems for domestic water supply and sewage disposal, respectively. Front Setback from ROW, min. (feet) 40 [1][2] Corner Side Setback, min. (feet) 40 [2][3] APPLICABILITY Side Setback, min. (feet) 20 [1][2] This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as Rural Buffer or by the adopted Joint Planning Area Land Use Plan as Rural Residential or both. 2. Urban services, including water distribution and sewa ge collection mains, are not likely within 10-20 years. Rear Setback, min. (feet) 20 [1][2] Height, max. (feet) 25 [3][4] DIMENSIONAL STANDARDS NOTES: [1] Refer to Section 7.12.3: Flexible Development, which requires additional standards and requirements to reduce minimum lot size. [1] [2] Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. [2] [3] Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3] [4] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] [5] R = residential, NR = non-residential, CU = conditional use [5] [6] Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in the RB, AR, R- 1, R-2, R-3, and R-4 zoning districts. Floor Area Ratio, max. R-CU [4] .058 NR .088 [5] NR-CU .100 [5] Required Open Space Ratio, min. R-CU NR NR-CU .84 Required Livability Space Ratio, min. R-CU .75 Required Recreation Space Ratio, min. R .028 R-CU .031 Gross Land Area, min. (square feet) R-CU .174 NR-CU .240 Required Pedestrian/ Landscape Ratio, min. NR NR-CU .21 RB DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the RB District in Section 5.2, unless a Conditional Use (CU) 13 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-3 or MPD-CZ District is approved (see Section 3.8). 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. While the Minimum Lot Size may be 87,120 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Regardless of subdivision process and reductions allowed in Section 7.12 of this Ordinance, lot(s) within the RB general use zoning district shall not be reduced below 1 acre in area.For Subdivisions utilizing the Flexible Development Option, the required wastewater system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is recorded and maintained within allowed open space areas, and as further defined in NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01. Under the Flexible Development Option required minimum lot size shall be based on proposed wastewater disposal and percentage of open space. 6. With the exception of Orange County government development projects, wastewater treatment facilities with a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage disposal are prohibited in the RB zoning district unless approved through the Special Use Permit (SUP) process or as a Conditional Use (CU) District. 7. Proposed subdivisions are subject to all applicable subdi vision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. The “Village Option” for a flexible development is not permitted in the RB district. 8. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non - conforming use. 14 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-4 AR AGRICULTURAL RESIDENTIAL DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) Conventional Subdivision Process (Article 7) 40,000 Flexible Development Subdivision Process (Section 7.12) Proposed Open Space within subdivision Allowable Lot Size (sq. ft.) 33-39% 40,000 40-44% 30,000 45-49% 20,000 50-59% 15,000 60% and over 10,000 PURPOSE Lot Width, min. (feet) Conventional Subdivision Process (Article 7) 150 The purpose of the Agricultural Residential (AR) District is to assist in the preservation of land suitable, as a result of location, existing farming operations, soils and topography, for agricultural, silvicultural or horticultural uses and to protect such uses from the adverse effects of incompatible land uses. Flexible Development Process (Section 7.12) 100 Front Setback from ROW, min. (feet) 40 [1] [6] Corner Side Setback, min. (feet) 40 [2] [6] APPLICABILITY Side Setback, min. (feet) 20 [1] [6] This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan Agricultural Residential. 2. Urban services, including water distribution and sewage collection mains, are not likely within 10-20 years. Rear Setback, min. (feet) 20 [1] [6] Height, max. (feet) 25 [3] DIMENSIONAL STANDARDS NOTES: [1] Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. [2] Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] R = residential, NR = non-residential, CU = conditional use [5] Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in Floor Area Ratio, max. R-CU [4] .058 NR .088 [5] NR-CU .100 [5] Required Open Space Ratio, min. R-CU NR NR-CU .84 Required Livability Space Ratio, min. R-CU .75 Required Recreation Space Ratio, min. R .028 R-CU .031 15 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-5 the RB, AR, R-1, R-2, R-3, and R-4 zoning districts. [6] Required setbacks for lots created through the Flexible Development design process as detailed in Section 7.12 of this Ordinance may be reduced by 25% with the preservation of more than 33% open space for the project. Under no circumstances shall any required setback be less than 10 feet. Gross Land Area, min. (square feet) R-CU NR-CU 80,000 Required Pedestrian/ Landscape Ratio, min. NR NR-CU .21 AR DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the AR District in Section 5.2, unless a Conditional Use (CU) or MPD-CZ District is approved (see Section 3.8). 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. While the Minimum Lot Size may be 40,000 square feet, the 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 par cel of property). 4. Allowable impervious surface area is based on the Watershed Protection Overlay District in which the property is located. Refer to Section 4.2.5 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 fee t 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 least 40,000 square feet. Please refer to Section 7.12 for more information on Flexible Development. 6. With the exception of Orange County government development projects, wastewater treatment facilities with a design capacity of 3,000 gallons per day or more and package treatment plants for sanitary sewage disposal are prohibited in the AR zoning district unless approved through the Special Use Permit (SUP) process or as a Conditional Use (CU) District. 7. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided . 8. 7 Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 9. 8 The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non - conforming use. 16 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-6 R-1 RURAL RESIDENTIAL DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) Conventional Subdivision Process (Article 7) 40,000 Flexible Development Subdivision Process (Section 7.12) Proposed Open Space Allowable Minimum Lot Size 33-39% 40,000 40-44% 30,000 45-49% 20,000 50-59% 15,000 60% and over 10,000 PURPOSE Lot Width, min. (feet) Conventional Subdivision Process (Article 7) 130 The purpose of the Rural Residential (R-1) District is to provide locations for rural non-farm residential development, at very low intensities, in areas where the short and long-term solutions to domestic water supply and sewage disposal shall be individual wells and ground absorption system. Flexible Development Subdivision Process (Section 7.12) 100 Front Setback from ROW, min. (feet) 40 [1] [6] Corner Side Setback, min. (feet) 40 [2] [6] APPLICABILITY Side Setback, min. (feet) 20 [1] [6] This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as Rural Residential. 2. Urban services, including water distribution and sewage collection mains, are not likely within 10-20 years. Rear Setback, min. (feet) 20 [1] [6] Height, max. (feet) 25 [3] DIMENSIONAL STANDARDS NOTES: [1] Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. [2] Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] R = residential, NR = non-residential, CU = conditional use [5] Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in the RB, AR, R-1, R-2, R-3, and R-4 zoning districts. [6] Required setbacks for lots created through the Flexible Development design process as detailed in Section 7.12 of this Ordinance may be reduced by 25% with the preservation of more than 33% open space for Floor Area Ratio, max. R-CU [4] .058 NR .088 [5] NR-CU .100 [5] Required Open Space Ratio, min. R-CU NR NR-CU .84 Required Livability Space Ratio, min. R-CU .75 Required Recreation Space Ratio, min. R .028 R-CU .031 Gross Land Area, min. (square feet) R-CU NR-CU 80,000 Required Pedestrian/ Landscape Ratio, min. NR NR-CU .21 17 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-7 the project. Under no circumstances shall any required setback be less than 10 feet. R-1 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-1 District in Section 5.2, unless a Conditional Use (CU) or MPD-CZ District is approved (see Section 3.8). 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. While the Minimum Lot Size may be 40,000 square feet, the density permitted on a given par cel 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 Section 4.2.5 for a breakdown of the a llowable 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 least 40,000 square feet. For Subdivisions utilizing the Flexible Development Option, the required wastewater system area may be contained either within the residential lot or within dedicated easement and/or septic lot that is recorded and maintained within allowed open space areas, and as further defined in NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01. Under the Flexible Development Option required minimum lot size shall be based on proposed wastewater disposal and percentage of open space. Please refer to Section 7.12 for more information. 6.5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7.6. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8.7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non- conforming use. 18 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-8 R-2 LOW INTENSITY RESIDENTIAL DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) Conventional Subdivision Process (Article 7) 20,000 Flexible Development Subdivision Process (Section 7.12) Proposed Open Space Allowable minimum lot size 33-49% 20,000 50-59% 15,000 60% and over 10,000 PURPOSE Lot Width, min. (feet) Conventional Subdivision Process (Article 7) 100 The purpose of the Low Intensity Residential (R-2) District is to provide locations for low intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. Flexible Development Subdivision Process (Section 7.12) 70 Front Setback from ROW, min. (feet) 30 [1] [6] Corner Side Setback, min. (feet) 30 [2] [6] APPLICABILITY Side Setback, min. (feet) 15 [1] [6 This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. Rear Setback, min. (feet) 15 [1] [6] Height, max. (feet) 25 [3] DIMENSIONAL STANDARDS NOTES: [1] Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. [2] Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] R = residential, NR = non-residential, CU = conditional use. [5] Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in the RB, AR, R-1, R-2, R-3, and R-4 zoning districts. [6] Required setbacks for lots created through the Flexible Floor Area Ratio, max. R-CU [4] .076 NR .088 [5] NR-CU .100 [5] Required Open Space Ratio, min. R-CU NR-CU .82 NR .83 Required Livability Space Ratio, min. R-CU .70 Required Recreation Space Ratio, min. R .056 R-CU .059 Gross Land Area, min. (square feet) R-CU NR-CU 45,000 19 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-9 Development design process as detailed in Section 7.12 of this Ordinance may be reduced by 25% with the preservation of more than 33% open space for the project. Under no circumstances shall any required setback be less than 10 feet. Required Pedestrian/ Landscape Ratio, min. NR .208 NR-CU .205 R-2 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-2 District in Section 5.2, unless a Conditional Use (CU) or MPD- CZ District is approved (see Section 3.8). 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. While the Minimum Lot Size may be 20,000 square feet, the 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 Section 4.2.5 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 least 40,000 square feet. For Subdivisions utilizing the Flexible Development Option, the required wastewater system area may be contained either within the residential lot or within dedicated easement and/o r septic lot that is recorded and maintained within allowed open space areas. Under the Flexible Development Option required minimum lot size shall be based on proposed wastewater disposal and percentage of open space. Please refer to Section 7.12 for more information 6.5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 76.. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8.7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed bu ilding that conforms to applicable building code and zoning regulations or if such building is a legal non -conforming use. 20 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-10 R-3 MEDIUM INTENSITY RESIDENTIAL DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) Conventional Subdivision Process (Article 7) 15,000 Flexible Development Subdivision Process (Section 7.12) Proposed Open Space Allowable Minimum Lot Size 33-59% 15,000 60% and over 10,000 PURPOSE Lot Width, min. (feet) Conventional Subdivision Process (Article 7) 100 The purpose of the Medium Intensity Residential (R-3) District is to provide locations for moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. Flexible Development Subdivision Process (section 7.12) 70 Front Setback from ROW, min. (feet) 30 [1] [6] Corner Side Setback, min. (feet) 30 [2] [6] APPLICABILITY Side Setback, min. (feet) 15 [1] [6] This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. Rear Setback, min. (feet) 15 [1] [6] Height, max. (feet) 25 [3] DIMENSIONAL STANDARDS NOTES: [1] Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. [2] Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] R = residential, NR = non-residential, CU = conditional use. [5] Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in the RB, AR, R-1, R-2, R-3, and R-4 zoning districts. [6] Required setbacks for lots created through the Flexible Development design process as detailed in Section 7.12 of this Ordinance may be reduced by 25% with the preservation of more than 33% open space for the project. Floor Area Ratio, max. R-CU [4] .100 NR .088 [5] NR-CU .100 [5] Required Open Space Ratio, min. R-CU NR-CU .80 NR .81 Required Livability Space Ratio, min. R-CU .65 Required Recreation Space Ratio, min. R .074 R-CU .077 Gross Land Area, min. (square feet) R-CU NR-CU 30,000 21 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-11 Under no circumstances shall any required setback be less than 10 feet. Required Pedestrian/ Landscape Ratio, min. NR .203 NR-CU .20 R-3 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-3 District in Section 5.2, unless a Conditional Use (CU) or MPD-CZ District is approved (see Section 3.8). 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. While the Minimum Lot Size may be 15,000 square feet, the 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 Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 6. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non -conforming use. 22 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-12 R-4 MEDIUM INTENSITY RESIDENTIAL DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) 10,000 PURPOSE Lot Width, min. (feet) 75 The purpose of the Medium Intensity Residential (R-4) District is to provide locations for moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. Front Setback from ROW, min. (feet) 25 [1] Corner Side Setback, min. (feet) 25 [2] APPLICABILITY Side Setback, min. (feet) 10 [1] This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10-20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street classified as either arterial or collector as designated by the adopted Comprehensive Plan. Rear Setback, min. (feet) 10 [1] Height, max. (feet) 25 [3] DIMENSIONAL STANDARDS NOTES: [1] Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. [2] Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] R = residential, NR = non-residential, CU = conditional use. [5] Permitted non-residential uses existing as of 5/6/98 shall be limited to a maximum floor area ratio of .141 in the RB, AR, R-1, R-2, R-3, and R-4 zoning districts. Floor Area Ratio, max. R-CU [4] .141 NR .123[5] NR-CU .141 [5] Required Open Space Ratio, min. R-CU NR-CU .78 NR .79 Required Livability Space Ratio, min. R-CU .54 Required Recreation Space Ratio, min. R .111 R-CU .114 Gross Land Area, min. (square feet) R-CU NR- CU 15,000 Required Pedestrian/ Landscape Ratio, min. NR .198 NR-CU .195 R-4 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-4 District in Section 5.2, unless a Conditional Use (CU) or MPD- CZ District is approved (see Section 3.8). 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. While the Minimum Lot Size may be 10,000 square feet, the density permitted o n 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 23 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-13 located. Refer to Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 6. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored i n an enclosed building that conforms to applicable building code and zoning regulations or if such building is a legal non -conforming use. 24 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-14 R-5 HIGH INTENSITY RESIDENTIAL DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) 7,500 PURPOSE Lot Width, min. (feet) 50 The purpose of the High Intensity Residential (R-5) District is to provide locations for high intensity residential development and supporting recreational community, service, or educational uses in areas where the full range urban services are available. It is further intended that these districts be used to promote economically mixed housing developments and to contribute to the provision of a range of housing types for lower income households. Front Setback from ROW, min. (feet) 20 [1] Corner Side Setback, min. (feet) 20 [2] APPLICABILITY Side Setback, min. (feet) 10 [1] This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area which can reasonably be annexed by a municipality in the ensuing 10-20 years, or within the Chapel Hill Joint Planning Area located at an Activity Node designated by the adopted Comprehensive Plan. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street certified either arterial or collector as designated by the adopted Comprehensive Plan. 4. The full range of urban services exist or are proposed at the time of the development including fire, police, recreation, education, commercial and cultural activities. Rear Setback, min. (feet) 10 [1] Height, max. (feet) 25 [3] DIMENSIONAL STANDARDS NOTES: [1] Accessory structures shall not be erected in any required front open space and shall also conform to all other regulations. [2] Any corner lot having an abutting interior lot on its side street shall observe a front yard setback from both streets provided, however, that this requirement does not reduce the width suitable for a building on said lot to less than 25 feet. (See graphic in Section 6.2.7). [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. [4] R = residential, NR = non-residential, CU = conditional use. Floor Area Ratio, max. R [4] NR .174 R - CU NR - CU .200 Required Open Space Ratio, min. R NR .77 R-CU NR-CU .76 Required Livability Space Ratio, min. R R-CU .52 Required Recreation Space Ratio, min. R .197 R-CU .200 Gross Land Area, min. (square feet) R-CU NR-CU 10,000 Required Pedestrian/ Landscape Ratio, min. NR .195 NR-CU .19 R-5 DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the R-5 District in Section 5.2, unless a Conditional Use (CU) or MPD- 25 Article 3: Base Zoning Districts Section 3.3: Residential Districts Orange County, North Carolina – Unified Development Ordinance Page 3-15 CZ District is approved (see Section 3.8). 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. While the Minimum Lot Size may be 7,500 square feet, the density permitted on a given parc el 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 Section 4.2.5 for a breakdown of the allowable impervious surface area. 5. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards tabl e depending upon the type of subdivision proposed and the percentage of open space provided. 6. Subdivisions utilizing the conventional design process and/or proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 7. The storage of junked or wrecked motor vehicles is prohibited except if the vehicle is stored in an enclosed bui lding that conforms to applicable building code and zoning regulations or if such building is a legal non -conforming use. 26 Article 4: Ov erlay Zoning Districts Section 4.3: Special Flood Hazard Area (SFHA) Orange County, North Carolina – Unified Development Ordinance Page 4-11 4.2.9 Water Supply / Sewage Disposal Facilities T ABLE 4.2.9: WATER SUPPLY/SEWAGE DISPOSAL FACILITIES DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA UNIV-PW Water supply and sewage treatment systems shall be limited to individual wells and on-site septic tanks systems or individual on-site alternative disposal systems. No off-site systems shall be permitted. All Other Watershed Overly Districts For parcels created through the Conventional Subdivision process as detailed in Article 7 of this Ordinance septic and repair area shall be located in lot. Off-site individual septic systems associated with parcels created through the Flexible Development Subdivision as outlined in Section 7.12 of this Ordinance must be contained within Common Open Space and approved by the Orange County Environmental Health Department. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further CANE-CA U-ENO-CA New septic tanks, pump tanks and their appurtenances shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 150 feet from a reservoir. New nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoir. CANE-PW CANE-CA U-ENO-CA Water supply and sewage treatment systems shall be limited to individual wells and septic tanks or individual on-site alternative disposal systems; provided however, off-site systems shall be permitted when located in a Flexible Development subdivision approved in accordance with Section 7.13 of this Ordinance. UNIV-PW CANE-PW U-ENO-PW HYCO-PW LITTLE-PW BACK-PW HAW -PW JORDAN-PW L-ENO-PW FLAT-PW New septic tanks and their nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps. SECTION 4.3: SPECIAL FLOOD HAZARD AREA (SFHA) 4.3.1 Intent The intent of this overlay district is to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to: (A) Restrict or prohibit uses, which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 27 Article 7: Subdivisions Section 7.2: Classification of Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 7-2 7.2.1 Exempt Subdivisions (A) In accordance with North Carolina General Statutes, the following activities do not constitute a subdivision and are expressly exempt from established review and approval processes, provided that the property’s exempt status is confirmed in accordance with the procedures detailed in Article 2: (1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County, including private road justification standards, as detailed within this Ordinance. (2) The division of land into parcels greater than ten acres if no street right-of -way dedication is involved. (3) The public acquisition by purchase of strips of land for widening or opening streets. (4) The division of a tract in single ownership of the entire area of which is no greater than two acres into not more than three lots, if no street right-of -way dedication is involved and if the resultant lots are equal to or exceed the standards of the County as detailed within this Ordinance. (B) Exempt subdivision shall be required to meet all applicable requirements for the granting of zoning and building permits. 7.2.2 Minor Subdivisions A subdivision shall be classified as “minor” if it does not: (A) Create more than: (1) Five lots, including the residual acreage, following the Conventional subdivision design model; or (2) Twelve lots, including the residual acreage, following the Flexible Development subdivision design model, from any one tract of land in any ten year period;. (B) Dedicate or improve any new public street other than widening an existing public street; (C) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots; and (D) Necessitate the installation of drainage improvements which would require easements through one or more lots to serve other lots. 7.2.3 Major Subdivisions (A) A major subdivision is any subdivision that is not an Exempt or Minor subdivision, as classified in subsections 7.2.1 and 7.2.2. Major subdivisions are further classified as follows: (1) Major Subdivision, Standard All subdivisions not classified as an Exempt Subdivision; Minor Subdivision; Major Subdivision, Class A Special Use; or Major Subdivision, Conditional Use. (2) Major Subdivision, Class A Special Use, Rural Designated A tract of land in a Rural Designated area on the Growth Management System map that is proposed for a subdivision of 21-40 lots. (3) Major Subdivision, Class A Special Use, Urban Designated A tract of land in an Urban Designated area on the Growth Management System map that is proposed for a subdivision of 21-79 lots. (4) Major Subdivision, Conditional Use, Rural Designated 28 Article 7: Subdivisions Section 7.3: Phasing of Subdivisions Orange County, North Carolina – Unified Development Ordinance Page 7-3 A tract of land in a Rural Designated area on the Growth Management System map that is proposed for a subdivision of 41 or more lots. (5) Major Subdivision, Conditional Use, Urban Designated A tract of land in an Urban Designated area on the Growth Management System map that is proposed for a subdivision of 80 or more lots. (B) For the purpose of determining whether a subdivision is a Major Subdivision, Class A Special Use (Rural Designated or Urban Designated), or a Major Subdivision, Conditional Use District (Rural Designated or Urban Designated), the number of lots created shall be determined by counting the cumulative number of lots created, through subdivisions, on a tract or parcel of land as the boundaries of said tract or parcel of land existed in the Land Records of Orange County as of November 5, 2003. SECTION 7.3: PHASING OF SUBDIVISIONS (A) A major subdivision may be developed in phases, provided that: (A)(1) Each phase contains at least five lots, unless depicted on a phasing plan approved by the Board of County Commissioners as part of the preliminary subdivision plat with the express determination that the proposed phasing makes it unlikely that a subdivider would willingly abandon a final phase that contai ns a required extension of a road or other infrastructure; (B)(2) The degree and extent of road, water supply, sewage disposal, stormwater management, erosion and sedimentation control, and other required improvements in the phase and previously approved phases i s sufficient to serve or handle all development within the phase; (C)(3) The number of lots and amount of required open space in the phase and any previously approved phases is proportional; and (D)(4) A phasing plan showing the phases of development and the requirement s of this Ordinance that will be satisfied in each phase is approved by the Board of County Commissioners as part of the preliminary final plat. (E)(B) A minor subdivision utilizing the Flexible Development Option may be developed in phases, provided that: (A)(1) The degree and extent of road, water supply, sewage disposal, stormwater management, erosion and sedimentation control, and other required improvements in the phase and previously approved phases is sufficient to serve or handle all development within the phase; (B)(2) The number of lots and amount of required open space in the phase and any previously approved phases is proportional; and (C)(3) A phasing plan showing the phases of development and the requirements of this Ordinance that will be satisfied in each phase is appro ved by the Planning Director as part of the preliminary final plat. SECTION 7.4: IMPROVEMENTS AND PERFORMANCE GUARANTEES 7.4.1 Generally (A) Improvements proposed by the subdivider or required by this Ordinance, shall be constructed in accordance with the standards and requirements provided in this Ordinance. (B) In those instances where said improvements are required to be constructed subsequent to the approval of the Final Plat, plans and specifications for said improvements shall be approved by the appropriate agency and reference to said improvements shall be made part of the Final Plat. 29 Article 7: Subdivisions Section 7.4: Improvements and Performance Guarantees Orange County, North Carolina – Unified Development Ordinance Page 7-4 7.4.2 Improvements Required (A) Subdividers are responsible for the construction, installation, and maintenance of required improvements in accordance with the standards in this Ordinance in addition to any applicable federal, state, or county standards to include, but not be limited to, the following: (1) All roads within the subdivision and improvements to existing roads required for safe and adequate access to the subdivision; (2) Road signs; (3) Water supply and wastewater systems, other than individual wells and septic tanks; (4) Drainage facilities and easements; (5) Stormwater management devices; (6) Erosion and sedimentation control devices; (7) Low-impact (passive) and active recreation amenities; (8) Fire suppression management facilities; (9) Common Open Space, Rrecreation, or Llandscape management improvements, areas, and facilities; and (10) Any other on- or off-site improvements required by this Ordinance or required at the time of preliminary plat approval. (B) If the subdivider records a plat for only a portion of the subdivision for which a preliminary plat was approved, the improvements required to be constructed, installed, and maintained in accordance with said recorded plat shall be those improvements that the Planning Director deems necessary to serve the lots shown on the recorded plat. 7.4.3 Completion of Improvements (A) The Planning Director shall not approve a final plat presented for recordation until: (1) All required improvements have been completed. (2) All legal documents shall be submitted, reviewed and approved by the Orange County Attorney, or (3) A performance guarantee has been provided in accordance with the provisions detailed herein. (B) An improvement shall be deemed completed only after the appropriate public agency has certified that the improvement(s) has been installed in accordance with the approved preliminary plat, the approved construction plan, and in accordance with applicable federal, state, and county regulations. (C) In lieu of certification from a public agency, the Planning Director is authorized to accept certification from the applicant’s licensed professional engineer or licensed professional surveyor or other professional as authorized by the North Carolina General Statutes that the improvements have been installed in accordance with all applicable standards. 7.4.4 Performance Guarantees (A) Performance guarantees shall be required for the purpose of ensuring that subdividers properly install all required subdivision improvements in a timely manner, in accordance with approved plats and construction plans. (B) The term of a performance guarantee shall not exceed two years. The Planning Director may, for good cause and with the approval of the provider of the guarantee, grant extensions of the term, with each such extension not to exceed one year. 30 Article 7: Subdivisions Section 7.4: Improvements and Performance Guarantees Orange County, North Carolina – Unified Development Ordinance Page 7-5 (C) Performance guarantees must be in the form of a performance bond, irrevocable letter of credit, or cash escrow account. The form of guarantee shall be determined by the subdivider. (D) The performance guarantee shall be conditioned upon the performance of all work necessary to complete the required subdivision improvements within the time period specified at the time of preliminary plat or construction plan approval. (E) The amount of the performance guarantee shall equal at least 125% of the estimated cost, including project management costs, of the required improvements that have not been installed by the time of final plat submittal. (F) Th e estimated cost of required improvements, including project management costs, must be itemized by improvement type and certified by the subdivider ’s licensed professional engineer. In the case of minor subdivisions, the subdivider’s licensed professional engineer or licensed professional surveyor may provide the itemized cost estimate. Cost estimates shall be based on industry norms within Orange County. (G) If a subdivider fails to properly install required improvements within the term of the guarantee, the guarantee will be deemed in default. In the case of default, the County is authorized to use the guarantee funds to complete the required subdivision improvements or to let a contract for installation of the required improvements. (H) Once the conditions of the performance guarantee have been completed to the satisfaction of the appropriate agencies and any required maintenance guarantee has been provided in accordance with the provisions of this Ordinance, the guarantee shall be released. (I) All improvements shall be completed in accordance with the conditions associated with the approved plat(s) and the applicable standards contained in this Article. No financial guarantee may be released until all required certifications of completion have been provided. (J) Once all of the required improvements have been at least 50% certified, the financial guarantee may be reduced by the ratio that the completed improvements bear to the total improvements required. However, only one such reduction shall be permitted prior to releasing the entire performance guarantee. 7.4.5 Maintenance of Required Improvements Improvements installed as a requirement of subdivision approval shall be maintained by the subdivider until they are accepted for maintenance by: (A) the North Carolina Department of Transportation; utility provider; individual homeowner; Homeowners’ or Property Owners’ association. 7.4.6 Property Owners’ Association (A) Where a neighborhood, property owners’, or homeowner’s association or similar legal entity is to be responsible for the maintenance and control of any improvements required as part of subdivision approval, the subdivider shall file, with the Planning Department and record with the final plat, a declaration of covenants and restrictions, articles of incorporation, where required, and/or by-laws as approved by the County Attorney that will govern the maintenance and control of such improvements. Provisions shall include but not be limited to the following: (1) The association shall be established before any homes are sold and/or any building occupied; (2) Membership shall be mandatory for each home buyer and all successive buyers; (3) The association shall be responsible for liability insurance, local taxes and maintenance of recreation, Common Open Space areas, and other facilities, including streets and utility lines; 31 Article 7: Subdivisions Section 7.5: Subdivision Agreements Orange County, North Carolina – Unified Development Ordinance Page 7-7 (C) Maintenance guarantees for public road facilities shall stipulate that the subdivider will maintain all required public road improvements, drainage improvements, and sedimentation and erosion control improvements to the standards of this Ordinance until the public road improvements are added to the state-maintained road system. The guarantee shall also state that the subdivider will be responsible for correcting any defects that may arise during the maintenance period and shall remove temporary sedimentation and erosion control measures. (D) Maintenance guarantees shall be in the form of a performance bond, irrevocable letter of credit, or cash escrow account and shall conform to the following: (1) The amount of the guarantee shall be at least 15% of the total cost of constructing the public road improvements (excluding the costs of clearing and rough grading). (2) The estimated cost of the required improvements must be itemized and certified by the applicant’s licensed professional engineer or licensed professional surveyor, if the surveyor was the original preparer of the plans for the subdivision. (3) In the case of minor subdivisions, the subdivider’s licensed professional engineer or licensed professional surveyor may provide the itemized cost estimate. (4) Cost estimates must be based on industry norms within Orange County. (5) The Planning Director or Planning Board may require a higher guarantee amount when deemed necessary to address higher potential correction costs due to the subdivision’s size and site characteristics, but in no event may the amount exceed 25% of estimated construction costs. (E) The guarantee shall have a term of two years and shall provide an option for annual renewal if the subdivider has: (1) Arranged for County inspection of the improvements, (2) Submitted to the County an acceptable estimate of the costs necessary to correct any deterioration or defects discovered by the inspection, and (3) Increased the amount of the security by the amount of said estimate. (F) The subdivider shall pay a fee in accordance with the Fee Schedule adopted by the Board of County Commissioners at the time of the initial posting of the guarantee and for each subsequent renewal or extension to cover the County’s administrative costs. SECTION 7.5: SUBDIVISION AGREEMENTS (A) The subdivider of all minor and major subdivisions shall record a subdivision agreement outlining the limitations associated with the development of created lots at the Orange County Register of Deeds at the same time the Final Plat is recorded. (B) The purpose of the subdivision agreement is to provide detail on various development limitations that will regulate the overall development of property consistent with the approval of the subdivision. (C) This subdivision agreement shall, at a minimum, outline the following development criteria for property within the subdivision: (1) Required development setbacks for lots within the project , (2) Impervious surface limits for the lots within the development, (3) The presence of identified environmental features (i.e. stream buffers, flood plain, wetlands, etcetc.) and an explanation on how development of the lot(s) is impacted, 32 Article 7: Subdivisions Section 7.6: General Design Standards Orange County, North Carolina – Unified Development Ordinance Page 7-8 (4) The presence of identified cultural features listed by the North Carolina Heritage Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or "Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina", (5) Identification of soil and septic limitations, if any, for each lot, (6) Access restrictions for the project and individual lots, (7) Limitations on land uses, (8) Maintenance requirements for all roadways as well as references to the project’s road maintenance agreement, if required, and (9) Maintenance requirements for all Common Open Space areas . SECTION 7.6: GENERAL DESIGN STAND ARDS The avoidance of congestion and overcrowding and the creation of conditions essential to public health, safety and the general welfare may be best accomplished through the application of design standards providing for the distribution of population and traffic, safe and coordinated street systems, approved water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as recommended by the Planning Board and adopted by the Board of Commissioners. The following general requirements and principles of land subdivision shall be observed: 7.6.1 Minimum Lot Size (A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and shall comply with all applicable development standards. (B) Any lot which provides an easement for individual septic disposal for use by a separate lot or deed shall conform with NC DHHS DPH Innovative Waste Water System approval IWWS 2016-01.be adequately sized and approved by Orange County Environmental Health. 7.6.2 Residential Density The allowable density on a given parcel of property proposed for subdivision shall comply with the residential maximum density requirements in Section 4.2.4. 7.6.3 Land Suitability (A) In reviewing subdivision proposals, the Planning Department and Planning Board shall consider the overall design of the subdivision with the suitability of the land for development to insure that the platting and development of the subdivision will not create a danger to the health, safety, and welfare of Orange County residents. (B) Land suitability shall be determined by an investigation of conditions including but not limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites, maximum anticipated levels of land disturbance for the project and all proposed individual lots, and unique natural areas. The investigations shall be carried out by the Planning Board, the Planning Department, or other agencies or individuals having the appropriate technical expertise. (C) Special Flood Hazard Areas shall be considered during the review process. (D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal Systems, incorporated herein by reference. 33 Article 7: Subdivisions Section 7.6: General Design Standards Orange County, North Carolina – Unified Development Ordinance Page 7-9 (1) Each lot that does not contain a suitable building site shall be designated on the plat as being of restricted development potential and by instrument recorded in the Orange County registry as specifically prescribed by Section 7.1 34.3(E)(1) of this Ordinance. (E) Drainage (1) Soil suitability, including slope and drainage, shall also be evaluated according to soil characteristics indicated by the Orange County Soil Survey and topography indicated by the U.S. Geological Topographic Maps. (2) Each lot shall contain a suitable building area safe from inundation and erosion. (3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and adjacent properties shall be protected from inundation by surface water. (4) Roads, driveways and utilities shall be protected from damage caused by improper stormwater management. (5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other technical means may be used to achieve these drainage objectives. Natural drainageways are a preferred means of stormwater run-off removal. The characteristics (including capacity) of natural drainageways shall be protected. (6) Runoff levels from the 25-year storm after the site is developed shall not be greater than the rate of runoff on the same site in its natural state. (7) In cases where anticipated land disturbance for the subdivision and the proposed lots will cumulatively exceed established thresholds denoted within Section 6.14.5 of this Ordinance, a formal stormwater management plan shall be required as part of the application submittal. (F) Resource Protection (1) Applications for subdivision shall be evaluated by the Planning Department and Planning Board for potential impairment of habitat of rare and endangered species or unique natural areas. (2) A strategy shall be developed to protect resources listed by the North Carolina Heritage Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or "Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina". (a) The strategy shall provide protection of identified natural and cultural resources from impacts which could result from development of the subdivision, and shall include one or more of the following: (i) Dedication of conservation easements,; (ii) Restrictive covenants prohibiting clearing or disturbance of the resource areas,; (iii) Dedication of resource areas to Orange County,; (iv) Clustering of lots to minimize land disturbance,preserve the special features of the property promote Common Open Space, and preserve areas and other environmentally sensitive areas, of the property,; and (v) Other restrictions or development options which provide an adequate level of protection. (3) The Planning Department shall review available documentation of the particular site and determine if the proposed strategy adequately protects the identified resources. 34 Article 7: Subdivisions Section 7.7: Lots Orange County, North Carolina – Unified Development Ordinance Page 7-10 (4) Maps, studies, and reports which are relevant to this section shall be maintained by the Planning Department. SECTION 7.7: LOTS 7.7.1 Generally All lots shall conform to all of the requirements of this Ordinance for the zoning district and any overlay district in which they are located. 7.7.2 Shape and Orientation (A) The shape and orientation of lots shall be appropriate to the location of the subdivision and the development intended. (B) Interior lot lines extending from a street should be approximately perpendicular or radial to the street right of way line. (C) Lot lines shall be located to permit efficient installation and maintenance of utility lines on utility easements, to maximize buildable area, and, where applicable, to provide a suitable area for septic systems. (D) Commercial and industrial lots shall be of sufficient size to include off street service facilities, and off street parking of all vehicles used by all patrons and employees. 7.7.3 Relationship to Street (A) Each lot shall abut a publicly dedicated street except in subdivision approved with privat e roads. In the latter situation, each lot must abut a private road or a state maintained road which is shown on the approved plat and constructed pursuant to the standards set by Orange County. (B) Upon recommendation of the Planning Board and approval of the County Commissioners, the construction of the access road may be postponed until building or market development is undertaken. (1) In this case the lots shall be designated on the plat: "This lot may not be sold, nor a building permit issued, until the access road has been built as specified for this subdivision." (C) Except where reverse frontage is desirable, double frontage lots should be avoided. 7.7.4 Flag Lots (A) Intent Orange County discourages and restricts forming flag lots. A flag lot shall be permitted if necessary to allow a property owner reasonable use and benefit from his/her land or to alleviate situations which would otherwise cause extreme hardship for him/her. (B) Lot Standards Flag lots are allowed only: (1) Where necessary to eliminate access onto arterials (See Fig. 7.7.4.B, Diagram 1); (2) To reasonably utilize irregularly shaped land (See Fig. 7.7.4.B, Diagram 2); (3) To reasonably utilize land with difficult topography (See Fig. 7.7.4.B, Diagram 3); and (4) To reasonably utilize land with limited sites suitable for septic tank nitrification fields (See Fig. 7.7.4.B, Diagram 4); (5) Where it is unlikely that a road created in lieu of a flag lot would ever be 35 Article 7: Subdivisions Section 7.7: Lots Orange County, North Carolina – Unified Development Ordinance Page 7-11 extended, or otherwise needed to provide access to adjoining parcels; or (6) To provide for the protection of significant natural or cultural resources; and (7) To provide access and/or street frontage for Common Open Space areas. Figure 7.7.4.B: Flag Lots (C) No flag lot shall be permitted if it increases the number of access points onto an arterial or collector street. (D) The length of a flag lot between the street onto which it has access and the point where a lot dimension parallels the street shall be based on the size of the proposed regular lot. The following table indicates the allowed length of the flag portion of the lot based on the required minimum width of the regular lot (see example graphic). TABLE 7.7.4.D: LOT SIZE REQUIREMENTS SIZE OF REGULAR LOT REQUIRED MINIMUM WIDTH OF REGULAR LOT LENGTH OF FLAG STAFF ALLOWED 40,000 sq. ft. to 1 acre 130 feet 308 to 336 feet 1+ acres to 2 acres 130 feet 337 to 671 feet 2+ acres 130 feet 672 to 700 feet [1] [1] Maximum length allowed 36 Article 7: Subdivisions Section 7.8: Access and Roadways Orange County, North Carolina – Unified Development Ordinance Page 7-12 Figure 7.7.4.D: Flag Lot Measurement Standards (E) The maximum length allowed on any flag lot is 700 feet. (1) The lot width and street frontage of a flag lot may be reduced to 35 feet. (2) The Planning Director may approve further reductions to a minimum of 20 feet where topographical conditions permit the construction of an adequate driveway within that width. (3) The Planning Director may also require greater widths where necessary to insure adequate access. (F) All flag lots created after October 3, 1988 shall be composed of contiguous land area, and that area shall not be divided by street right of way or other lots. A private road easement may divide a new lot only if all of the following criteria are met: (1) The land underlying the easement in the same ownership as the remainder of the lot; and (2) The proposed easement contains an existing road or driveway which is to be used for access to new lots; OR the proposed easement if located along a property line will have an irregular shape; and (3) The minimum lot area requirement can be met on one side of the road easement but not both sides. (G) Those lots with land area divided by a public road right-of -way prior to October 3, 1988 shall not be further subdivided in a manner which creates any additional lots with divided area. (H) For the purpose of these standards, properties created as Common Open Space areas shall not be considered flag lots. (H) The regulations of Section 7.7.4 do not apply to flag lots that contain Common Open Space. SECTION 7.8: ACCESS AND ROADWAYS 7.8.1 Streets and Common Open Space – General Standards (A) Consistency with Comprehensive Plan (1) The provision of street rights-of -way shall conform to and meet the requirements of the Orange County Comprehensive Plan. 37 Article 7: Subdivisions Section 7.8: Access and Roadways Orange County, North Carolina – Unified Development Ordinance Page 7-14 (2) They would satisfy other requirements for addition to the State maintenance system, including, but not limited to, the general density standard of at least two occupied residences for each one-tenth of a mile of subdivision street. If, upon review of a subdivision plat, it is determined that the general density standard is met, but a design standard is not, a re-design will be required where possible. For example, if the number of lots proposed along a subdivision street would clearly satisfy the density standard, but the street design was such that the centerline radius did not meet the minimum standard of 230 feet for level land, a new street design would be required. Another example is a situation where a landscaped island or entrance median prevents acceptance of the street for maintenance. The State’s criteria and standards are identified in the following publications: Subdivision Roads - Minimum Construction Standards and Traditional Neighborhood Development (TND) Guidelines, prepared by and available from the N.C. Department of Transportation; or (B) The subdivision streets extend existing streets which are public; or (C) The subdivision streets are part of a development which is located in an area designated as Urban or Transition by the Orange County Comprehensive Plan; or (D) A proposed street is designated as an arterial or collector on an approved Thoroughfare Plan for a municipality or in the Orange County Comprehensive Plan; or (E) The subdivision streets are part of a non-residential development consisting of office, retail, industrial, and similar businesses, each located on a separate lot. This provision shall only apply to that portion of a subdivision being developed for non - residential purposes. 7.8.3 Public Streets - Construction Standards Public dedicated streets must meet the minimum construction standards as adopted by the N.C. Department of Transportation for acceptance of streets as additions to the State Highway System. 7.8.4 Private Roads – When Permitted (A) A private road utilizing the in a Conventional Subdivision Option design model shall be deemed justified for a minor subdivision resulting in no more than three lots provided: (1) No new lots have been created from the parent tract, through subdivision or other manner exempted from subdivision regulations, since the more recent: (a) Date of adoption of this provision (September 18, 2001); or (b) Ten years from the date of recordation of the parent tract if the lot being subdivided was created using the three-lot private road justification provision. The parent tract, for the purpose of this provision, is the lot or tract of land that is being subdivided. (2) All resulting lots meet the minimum lot area per dwelling unit and maximum density requirements for the zoning district, including any overlay district, in which the subdivision is located. (B) A minor residential subdivision of three or fewer lots shall be encouraged to provide a private access easement for one adjacent lot to access the private road in order to reduce the number of access points on a public road. (C) Minor Subdivisions utilizing the Flexible Development Option may shall comply with Common Open Space requirements as detailed in Section 7.12 in lieu of the private road justification requirements and standards lis ted in this sSubsection, 7.8.4. 38 Article 7: Subdivisions Section 7.8: Access and Roadways Orange County, North Carolina – Unified Development Ordinance Page 7-15 (D) For all other subdivisions the Planning Board and the Board of County Commissioners (in the case of major subdivisions) and Planning staff (in the case of minor subdivisions) shall consider the design features in this sSubsection (7.8.4) when determining whether to permit private roads. (E) There is no right to a private road in any subdivision containing more than three lots. (F) At a minimum, a private road may be justified if the subdivision meets standards of (1) below and at least two other design features (2 through 7) listed below. (1) The location and design of the subdivision is such that it clearly preserves the rural character of the County through: (a) The provision of lot sizes and building setbacks significantly greater than those required by the zoning district in which the proposed subdivision is located, including any overlay district requirements, in accordance with the following standards: (i) Lot Sizes – Conventional Subdivision a. All lots in the subdivision must be at least 80,000 square feet if the minimum lot size or area per dwelling unit of the zoning district is 40,000 square feet or less. b. All lots must be at least 120,000 square feet (2.75 acres) if the minimum lot size or area per dwelling unit of the zoning district is 80,000 square feet. c. All lots must be at least 130,680 square feet (three acres) if the minimum lot size or area per dwelling unit of the zoning district is 87,120 square feet (two acres). d. All lots must be at least five acres for all other cases. e. Minimum building setbacks for lots located on a private road shall be twice those required. (ii) Lot Sizes and Building Setbacks– Estate Lot Subdivisions without Density Bonus a. In zoning districts having a minimum lot size of 40,000 square feet: i. All lots must be at least 80,000 square feet in subdivisions providing 40% of Common Open Space; ii. All lots must be at least 70,000 square feet in subdivisions providing 41-49% or less Common Open Space; ii.iii. All lots must be at least 60,000 sq. ft. in subdivisions providing 50% or greater Common Open Space. b. In zoning districts having a minimum lot size of or area per dwelling unit of 80,000 square feet or 87,120 square feet or two acres: (87,120 square feet): i. All lots must be at least 130,680 square feet (3 acres) in subdivisions providing a minimum of 40% of Common Open Space; ii. All lots must be at least 90,000 square feet (2.07 acres) in subdivisions providing 41-49% Common open Open spaceSpace; 39 Article 7: Subdivisions Section 7.8: Access and Roadways Orange County, North Carolina – Unified Development Ordinance Page 7-16 iii. All lots must be at least 60,000 square feet (1.38 acres) in subdivisions providing 50% or greater open space. c. Minimum building setbacks for lots located on a private road shall be twice those required. (b) The retention and/or provision of landscaping and use of clustering of dwelling units to: (i) Screen the view of the subdivision from public roads, (ii) Maintain a wooded or forested character, (iii) Maintain scenic views, or (iv) Preserve wildlife, botanical, historic, archaeological and/or recreation sites; and/or (c) The preservation of site features which directly enhance the special or unique cultural, historical, archaeological or biological characteristics of the immediate area as referenced in: (i) “An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County” or, (ii) For historic sites, if the site is deemed eligible by the State Historic Preservation Office for inclusion in the National Register of Historic Places. (2) The number, location and/or size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements. (3) At least 50% of the site is to be dedicated and preserved through restrictive covenants and contains recreation and/or open space areas of significant botanical, wildlife, historic and/or archaeological sites as referenced in “An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County.” (4) In subdivisions proposed to be located in a Watershed Protection Overlay District, as designated in Section 4.2 of this Ordinance, stream buffers are increased by at least 25% above those required by Section 6.13 of this Ordinance and the impervious surface allowed is decreased by at least 15% to allow greater infiltration of storm water runoff to prevent the pollution of water supply reservoirs. (5) The site contains topographic and environmental features, such as streams, steep slopes, or watersheds that would be adversely affected by the use of roads constructed to State standards because of factors such as significant amounts of earthwork (cut and fill) that would contribute to increased run off of stormwater and siltation. (6) The site is already developed to 100% of the capacity which could be achieved after approval of the subdivision and some or all of the non-conforming aspects of existing development on the site will be made more conforming as a result of the proposed subdivision, and all conforming aspects of the development will remain conforming. (7) There is only one subdivision road proposed and: (a) Its length does not exceed 350 feet, (b) It serves no more than five lots, (c) Its grade does not exceed 9%, and 40 Article 7: Subdivisions Section 7.11: Recreational Facilities Orange County, North Carolina – Unified Development Ordinance Page 7-31 (3) In no case shall the total land area be less than that required by application of the provisions of Article 3 (Required Minimum Pedestrian/Landscape Ratio, as shown on the Table of each zoning district) and Section 6.3 (Land Use Intensity System) of this Ordinance. 7.11.3 Site Suitability (A) Land provided or dedicated for active recreational purposes shall be of a character, slope, and location suitable for use as for play areas, tennis courts, multi-purpose courts, picnic areas, ball fields, and other similar recreation uses. (B) Active recreation areas shall be located on land that is relatively flat (0 to 7-1/2% slopes), free of wetlands and/or flood plains, free of easements for public utility transmission lines, and is otherwise capable of accommodating active recreation uses. (C) Land provided or dedicated for low impact recreation and open space purposes shall be of a character, slope, and location suitable for use for walking, jogging, reading and similar quiet activities, and the preservation of natural features and cultural resources such as steep slopes, rock outcrops, native plant life and wildlife cover, mature woodlands, and water resources. (D) In all cases, active and low impact recreation sites as well as open space areas designated in the adopted Comprehensive Plan shall be incorporated into the design of the subdivision. (E) Criteria for evaluating the suitability of proposed recreation areas shall include but not be limited to the following: (1) Location (a) Land dedicated for recreation purposes shall be located so as to serve the needs of the residents of the subdivision and the residents of the immediate neighborhood within which the subdivision is located. (b) As approved by DEAPR, the Orange County Parks and Recreation Board, and BOCC, land dedicated for public recreation purposes shall also maintain logical access to other private Common Open Space areas. (c) Recreation areas shall be located so as to provide, insofar as possible, reasonable accessibility to all residents of the subdivision and residents living in the immediate neighborhood. (d) Recreation areas shall be located where more land more suited for recreational purposes due to shape, level slopes and/or dry soil conditions is present. (e) Where proposed park sites are shown in the adopted Comprehensive Plan, and a subdivision contains a portion of the park site, then the developer may be required to locate the recreation area in accordance with the park site as shown thereon. (2) Unity (a) Land dedicated for recreation purposes shall be a single parcel except where it is determined that two or more parcels are suited to the needs of a particular subdivision. (b) The Planning Department and/or Planning Board may recommend, and the Board of County Commissioners may require, the dedication of a connecting path in addition to the land required in Section 7.11.2 above. (i) Where a connecting path is necessary, a path right-of -way of up to 50 feet in width may be required, but in no case shall the path right-of -way be less than 30 feet in width. 41 Article 7: Subdivisions Section 7.12: Flexible Developments Orange County, North Carolina – Unified Development Ordinance Page 7-37 (B) Allowed water supply and wastewater treatment systems are available for residential service, and each lot is served by separate water supply and sanitary sewage connections. (C) The total number of lots proposed for the tract, excluding parcels of reserved Common Open Space, is not greater than the number determined by dividing the gross land area (excluding public and private road rights-of -way) by the minimum lot size required for the Rural Buffer zoning district and Watershed Protection Overlay District requirements for University Lake Watershed, if applicable. (D) The Common Open Space reserved within the tract conforms to Section 7.11. (E) Common Open Space shall not include areas devoted to public or private vehicular streets. 7.12.4 Common Open Space Standards (A) Minimum Required Common Open Space (1) Where a subdivider elects to seek approval of a Major Subdivision utilizing the Flexible Development Option as specified herein, at least 33% of the total land area in the Flexible Development must be set aside as protected Common Open Space. (2) Where a subdivider elects to seek approval of a Minor Subdivision utilizing the Flexible Development Option as specified herein, the development shall provide at least: (a) 33-39% of the total land area in Common Open Space areas for subdivisions with a minimum residential lot size of 43,560 square feet; (b) 40-44% of the total land area in Common Open Space areas for subdivisions with a minimum residential lot size of 30,000 square feet; (c) 5045-49% of the total land area in Common Open Space areas for subdivisions with a minimum residential lot size of 20,000 square feet; OR (d) 6050-59% of the total land area in Common Open Space areas for subdivisions with a minimum residential lot size of 15,000 square feet.; and (e) 60% or more of the toal land area in Common Open Space areas for subdivisions with a minimum residential lot size of 10,000 square feet. (3) Such Common Open Space shall meet the standards contained in this Section unless the subdivider chooses to seek approval of a conventional subdivision as specified herein. (B) Planning for Common Open Space (1) Common Open Space design in subdivision projects shall be planned as part of a comprehensive pr oject design. (2) The long-term success of open space is improved when a layout is chosen with a perspective of future usefulness, efficiency, connectivity and compatibility with both existing development and other types of open spaces. (3) Common Open Space is an important amenity for subdivision residents and an essential part of the County’s character and environmental quality. (4) Common Open Space planning must indicate a thoughtful understanding of that importance, and shall be evaluated based on its merits. 42 Article 7: Subdivisions Section 7.12: Flexible Developments Orange County, North Carolina – Unified Development Ordinance Page 7-43 least one outside edge of the subdivided property, in order to preserve the ability to connect the POSA with future, adjacent projects. ix. POSAs may be used to satisfy up to 5% of the 33% open space requirement for flexible development (for example, in a subdivision containing 100 acres of total land area, up to 1.65 acres of the total POSA in the subdivision would count towards meeting the 33% (33-acre) open space requirement). h. Roadside Buffers Areas buffering public roads, when they are at least 75 feet in width, measured in one direction from the nearest edge of the right-of -way may be considered Secondary Open Space Areas. i. Roadside buffers must be composed of undisturbed natural vegetation or of enhanced vegetation if enhanced vegetation is installed as a condition of the approval. i. Greenbelt Linkages Areas that can be used as part of a connected greenbelt path, within an approved County Greenbelt program. (d) Size and Shape Secondary Open Space Areas, to the extent possible, shall be part of substantially sized and/or contiguously linked open space sections and meet guidelines as stated in Section 7.12. (D) Access to Common Open Space (1) General public accessibility to and within open space shall be encouraged evaluated as follows: (a) Primary Open Space Areas, due to their considerable recreation, scenic and cultural public values, shall be made available for the use of the public at large through access by public road. However, it will not be feasible for public use to be provided in all cases (e.g. fragile cultural sites, protected and/or private habitat areas, hazardous slopes and wetlands). (b) Secondary Open Space Areas shall be available to, at least, subdivision residents, particularly when it includes active and low impact recreation areas. (2) If less than half of designated open space is Primary Open Space Area, the subdivision plan shall provide direct access to Primary or Secondary Open Space Area to at least 75% of project lots. The remaining lots shall be within approximately 300 feet of an accessible point of Primary or Secondary Open Space Area. (3) If the majority of open space is Primary Open Space Area, the subdivision plan shall provide direct access to Primary or Secondary Open Space Area to at least 50% of project lots. The remaining lots shall be within approximately 600 fe et of an accessible point of Primary or Secondary Open Space Area. (E) Ownership of Common Open Space 43 Article 7: Subdivisions Section 7.12: Flexible Developments Orange County, North Carolina – Unified Development Ordinance Page 7-46 (B) Conservation-Cluster Option A conservation-cluster subdivision is one in which building lots are grouped together through a transfer of allowable density within the subdivided tract provided the transfer of density within the subdivision does not increase the average density in any overlay zoning district. In a conservation-cluster subdivision designed with density transfer, lots smaller than the minimum lot size permitted in the zoning district are allowed provided such lots and subdivisions are developed in accordance with the following standards: (1) Land saved through lot size reductions shall consist of designated Primary and/or Secondary Open Space Areas. (2) The total amount of land set aside as Primary and Secondary Open Space Areas shall equal the sum of all reductions in minimum lot area and shall comprise at least 33% of the total land area in the subdivision. For Minor subdivisions utilizing this option, the minimum amount of open space may increase beyond amounts per UDO Section 7.12.4(A) (2). (3) Both Primary and Secondary Open Space Areas shall be placed in undivided preserves which adjoin housing areas that have been designed more compactly to create larger conservation units that may be enjoyed by all residents of the subdivision and, if possible, enjoyed visually by the general public. Such undivided open space shall be accessible to the l argest number of lots within the development. To achieve this, the majority of house lots should abut undivided open space to provide residents with direct views and access. Safe and convenient pedestrian access to the open space from all adjoining house lots shall be provided, except in the case of farmland or other resource areas vulnerable to human disturbance. The design must meet the criteria outlined in Section 7.12.4 which sets forth conservation area design characteristics. (4) Where undivided open space is designated as separate non-contiguous parcels, no parcel shall consist of less than three acres in area, nor have a length-to-width ratio in excess of 4:1, except such areas that are specifically designed for neighborhood commons or greens; playfields; buffers adjacent to wetlands, watercourses, and rural roads; wildlife corridors; or trail links. (5) Each lot must contain a buildable area of sufficient size to accommodate a single-family detached dwelling and customary accessory uses, including, but no t limited to, storage buildings and garages, patios and decks, lawns, driveways, septic systems including repair areas and well sites. A septic system and/or well site may be located in a Secondary Open Space Area provided it does not occupy more than one quarter of the Secondary Open Space Area. No septic system, repair area and/or well can be located in the Primary Open Space Area. (6) Provided the arrangement, design, and shape of cluster lots is such that lots provide satisfactory and desirable sites for building, and contribute to the preservation of designated Primary and/or Secondary Open Space Areas, minimum lot area, lot width, and setback requirements as specified in Article 3 of this Ordinance may be reduced as set forth below. (a) For Major Subdivisions, the minimum lot area requirements may be reduced by 65% of the minimum lot size permitted by the zoning district including any overlay district requirements; however, minimum lot area may not be smaller than 40,000 square feet within a watershed protection overlay district where lots are served by individual septic systems. (b) For Minor Subdivisions utilizing this option, the minimum amount of open space may increase beyond amount per UDO 7.12.4 (A) (2). 44 Article 7: Subdivisions Section 7.12: Flexible Developments Orange County, North Carolina – Unified Development Ordinance Page 7-47 (c) Minimum lot width requirements may be reduced to 100 feet in the AR and R1 Districts. Minimum lot width requirements may be reduced by 30% in all other zoning districts. (d) Minimum front, rear, and side setback requirements may be reduced by 25% but shall be no less than ten feet. (e) Minimum lot frontage requirements may be reduced to 20 feet for lots fronting on culs-de-sac and “T” turnarounds. (f) Minimum spacing between building envelopes and the subdivision boundary or off-site public street right-of -way shall be 100 feet and may be counted as open space. (7) Conservation Cluster subdivision road(s) shall be designed to provide internal access to all lots in the subdivision. Private driveways shall access existing state maintained roads only via subdivision roads providing internal access to lots in the subdivision. (8) Cluster lots shall be restricted against further subdivision through deed restrictions and/or permanent conservation easements. Primary and Secondary Open Space Areas shall be dedicated to Orange County, another unit of local government, the State of North Carolina, a private non-profit land conservancy or a homeowners association. (C) Village Option Villages represent a modified form of cluster development intended to serve as physical, social, and economic focal points in rural portions of the county. Consequently, villages are appropriate locations for civic uses, such as schools and churches, as well as a variety of economic functions, including stores and workshops, and residential building types designed to accommodate a range of socio-economic groups. (1) The location, size, and composition of each village will be a function of the development potential of the land associated with the settlement, including, but not limited to: (a) The zoning of the site, including the maximum allowable number of dwelling units; (b) The method of water supply and sewage disposal, including the number of approved disposal sites; (c) The presence of Primary and Secondary Open Space Areas, including contiguous areas located on adjoining properties; (d) The presence of existing and/or proposed transit routes and corridors, and areas of future urban growth; e.g., Transition Areas; and (e) The presence of protected watersheds, including defined critical areas. (2) Villages shall meet the following general standards: (a) Village Proper The village proper is the village, comprised of residential units with associated commercial, office, and service functions. (i) The village proper may not exceed 100 acres in size and shall be built in a compact manner so as to permit pedestrian accessibility to its center within a five minute walk. (ii) The village proper is to be distinguished from the village conservancy by a well-defined "edge" of closely spaced buildings in contrast with the open space of the conservancy. 45 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-59 the density increases achieved through the use of the bonus option(s) described above. 7.12.11 Additional Submittal Requirements In addition to the requirements outlined in Article 2 regarding Major Subdivision Preliminary Plat s or Minor Subdivision Final Plats, applications must: (A) Identify the development as a Flexible Development Subdivision. (B) A precise description of the extent to which the proposed modifications depart from the standard requirements of the applicable zoning district and the reasons for such departures. (C) The location, type, and area of the Common Open Space, as well as the amount and function of the Common Open Space in terms of densities and dwelling types proposed. (D) Written site analysis accompanied by an illustrative site map, which identifies the following: (1) Slopes 7½ - 15%, (2) Slopes 15% and greater, (3) Existing vegetation, (4) Significant stands of trees, (5) Significant examples of a particular species of tree occurring in a native stand and specimen trees, (6) Drainage and waterways, (7) Special flood hazard areas, (8) Significant rock outcroppings, (9) Significant scenic vistas, (10) Soils with limitations for on-site wastewater systems and building development, (11) The manner in which the plan makes adequate provision for water and wastewater treatment, and (12) The relationship of the plan to the physical environment, the neighborhood in which it is proposed to be established, and the intent of the provisions providing for the establishment of a cluster subdivision. SECTION 7.13: SPECIFICATIONS FOR PLAT DRAWINGS The requirements of this Section shall apply to the format of drawings. 7.13.1 Minor Subdivisions (A) Concept Plan The required Concept Plan for Minor Subdivisions consists of: (1) A scaled copy of a current Orange County GIS Map for the property denoting its current orientation and layout. This map may be obtained from the Planning Department for a fee in accordance with the adopted fee schedule and shall contain at a minimum the following information: (a) Contour lines, (b) Soils, (c) Water features, and (d) Any known easements. 46 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-60 (2) A scaled drawing in black ink or pencil detailing the proposed division of property including, but not limited to, the following: (a) The scale of the drawing, (b) A north arrow, (c) The date of preparation, (d) The Parcel Identification Number (PIN) number(s) of the lot(s) subject to the application, (e) The proposed property lines for each lot, (f) Common Open Space lots, including type and acreage, (g) A Site Analysis Map as outlined in Site features as Outlined in Section UDO 7.13.2 (A)(3) below, (h) The delineation of any known and required stream buffers on the proposed lot(s), (i) The proposed method for ingress and egress including a description of how each lot will be afforded access, (j) A narrative detailing the development of all proposed roadways, (k) A private road justification, if required under Section 7.8, and (l) Any other reasonable relevant information. (B) Final Plat Final plats shall adhere to the specifications contained in Section 7.14.3. 7.13.2 Major Subdivisions (A) Concept Plan (1) In General (a) The required Concept Plan for Major Subdivisions consists of three parts: (i) A Site Analysis Map; (ii) A Conventional Subdivision Option; and (iii) A Flexible Development Option. (b) The Concept Plan shall be prepared according to the “four-step” process for designing Flexible Development subdivisions, as described herein. (c) The Concept Plan shall be drawn in black ink or pencil to a scale of not less than 200 feet to the inch. The scale chosen shall be large enough to show all required detail clearly and legibly. (2) Required General Information Each Site Analysis Map and Development Option shall contain the following general information: (a) A sketch vicinity map showing the location of the subdivision in relation to the existing street or highway system; (b) The plotted boundaries of the tract from deeds or maps of record and the portion of the tract to be subdivided; (c) The total acreage to be subdivided, including tax map, block and lot number reference; 47 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-68 (c) Cemeteries if designated either by a previously recorded instrument or if disclosed to or found by the surveyor during the course of the survey. (d) All street rights-of -way, which adjoin the boundaries of the tract being subdivided, shall be shown with dashed lines and shall denote the right- of -way location and width. (E) Subdivision Layout Data The lot design plan shall be drawn and shall show the following information: (1) Lot Arrangement and Development Potential (a) The lot lines, Parent Parcel Identification Number, and lot and block numbers of each lot shall be shown on the plat. (b) Blocks shall be consecutively numbered or lettered in alphabetical order and, all lots in each block shall be consecutively numbered. (c) Lot and block numbers provided shall be in substantial compliance with those shown on the approved Preliminary Plat . (d) The location and dimensions of all lot lines, all new easements and an y existing easements which are recorded or easements which are visible and apparent reservations, and areas dedicated to public or private use with notes stating their purposes shall be shown on the Final Plat. (e) Lots shown on the Final Plat shall be substantially the same as those shown on the approved Preliminary Plat . (f) Front, rear, and side yard setbacks that are greater than the minimum setback requirements of the district in which the parcel is located shall be designated with dashed lines on the individual lots and labeled as ‘Minimum Setback’. (g) All lots which are of restricted development potential shall be noted on the Final Plat with reference to a separate recorded instrument which describes the restricted lot(s) by metes and bounds and designates the lot as “Of restricted development potential because of (specify condition), pursuant to Section 7.6.3 of the Orange County Unified Development Ordinance”. (2) Streets and Transportation Systems (a) The location, dimensions and classification (public or private) of all streets, new easements or any existing easements which are recorded or which are visible and apparent uses, alleys and other public or private ways shall be shown on the Final Plat, including pedestrian and non- motorized vehicle easements. (b) All streets intended for future extension either within or beyond the boundaries of the subdivision shall clearly be indicated on the Final Plat by the words, “Subject to future extension”. (c) A No Vehicular Access Easement (NVA) (aka Negative Access Easement) 10 feet in width shall be designated, with a dashed line, along the right-of -way of all lots and tracts where direct vehicular access to a roadway is not approved. (d) Street names, including State road numbers if applicable, shall be indicated on the Final Plat and shall not duplicate or approximate the name of any other street in Orange County, or an adjacent County if a similar street name is in use in the vicinity, except where a street is the continuation or extension of an existing street. 48 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-69 (e) All street names shall be approved through the Orange County Land Records office. (3) Utility and Drainage Data (a) Construction plans shall be submitted to proper authorities, as required, to document any new: (i) Public or private community water supply system, (ii) Public or private community sewage disposal system, and/or (iii) Storm drainage facilities. (b) Written approval of the reviewing authorities and a set of approved construction plans shall be submitted to the Planning Department prior to approval of the Final Plat. (c) The location and purpose of all new easements for utility systems shall be shown on the Final Plat, including, but not limited to,: (i) Sanitary sewers, (ii) Septic tanks and nitrification fields, (iii) Storm sewer lines, (iv) Water mains, (v) Gas, transmission mains, (vi) Overhead electric, telephone and CATV transmission mains, and (vii) Any other above or below ground utility systems which are contained within a designated easement. (d) It is understood that utility distribution systems to individual lots for gas, electric, telephone, and TV cable service are customarily covered by “blanket easements” or “general easements”. If these easements have been recorded, the recording data shall be shown on the plat. Otherwise, these easements need not be denoted on the plat. (4) Landscaping and Buffer Data Buffers widths and locations as required by Section 6.8 of this Ordinance shall be shown on the Final Plat and specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (5) Special Flood Hazard Area (SFHA) Standards (a) The boundary of the Special Flood Hazard Area zoning overlay district shall be designated and labeled on the plat as required by this Ordinance. (b) For subdivisions located within a water supply watershed of regional and/or local importance, the following information shall be shown on the Final Plat: (i) The maximum impervious surface data as required by Section 4.2 of this Ordinance shall be shown for each lot. (ii) Stream buffers as required by Section 6.13 of this Ordinance shall be delineated with widths noted on the Final Plat. (iii) Development restrictions within the stream buffer shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. 49 Article 7: Subdivisions Section 7.13: Specifications for Plat Drawings Orange County, North Carolina – Unified Development Ordinance Page 7-70 (iv) Storm water detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section 4.2 and 6.13 of this Ordinance shall be delineated and labeled on the Final Plat. (v) Any restrictions or requirements associated with the detention/retention sites shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. (6) Open Space and Natural and Cultural Resource Areas (a) Any areas identified in the “Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina” shall be shown on the Final Plat. (b) A description of the resource, and the conditions of subdivision approval, which assure its protection shall be included in a document of describing development restriction to be recorded concurrently with the plat. (c) Common Open Space areas indicating the type (e.g., Primary/Secondary) and the use of the land area shall be included on the final plat. (e.g., passive trails), the land area, the fee simple owner of the land, and/or the holder of the easement. (F) Certificates and Endorsements (1) General The Final Plat shall be made by or prepared under the supervision of a Professional Land Surveyor licensed to practice in the State of North Carolina and shall contain a certificate as required by Section 47-30 of the General Statutes and prepared in substantially the following form and acknowledged by a notary public: “I, ___________, certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book ____, Page ____, etc.) (other); that the ratio of precision is 1: __________; that the boundaries not surveyed are shown as broken lines plotted from information found in Book ____, Page ____; that this map was prepared in accordance with G.S. 47-30 as amended. Witness my hand and seal this _____ day of ____________, A.D., 20___.” Seal or Stamp Surveyor Registration Number (The surveyor shall also certify on the plat as required by G.S. 47-30 (f) (11) as amended.) (2) Certificates of Dedication and Maintenance (a) The following certificate shall be printed on the Final Plat and shall be followed by the signature of the owner(s) of the property being subdivided acknowledged by a notary public. “The undersigned owner hereby certifies that the land shown hereon is located within the subdivision-regulation jurisdiction of Orange County and hereby freely dedicates all rights-of - way, easements, streets, recreation areas, open spaces, common areas, utilities and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity.” 50 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-6 Child Care Facility Includes child care centers, and any other child care arrangement not excluded by General Statute 110- 86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit. a) A child care center is an arrangement where, at any one time, there are three or more pre-school children or nine or more school-aged children receiving child care. b) A family child care home is a child care arrangement located in a residence where, at any one time, more than two children, but fewer than nine children, receive child care. Church A structure in which persons regularly assemble for religious worship, which is maintained and controlled by a religious body organized to sustain public worship. Club or Lodge, Private An establishment operated by a corporation or association of persons for social, recreational, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business. Cluster Development A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by-lot development, yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent open space and/or recreation space. Cold Storage Facility A facility used to warehouse perishable foods and products prior to transport. Commercial-Industrial Transition Activity Node Land Land near major transportation routes that could be provided with public water and wastewater services and is appropriate for retail and other commercial uses; manufacturing and other industrial uses; office and limited (not to exceed 25% of any Node) higher density residential uses. Commercial Transition Activity Node Land Land focused on designated road intersections within either a 10- or 20-year transition area that is appropriate for retail and other commercial uses. Common Area A portion of a development not attributed to an individual lot or owner that is designed for the common usage of the subdivision or development. These areas include Common Open Spaces, entry features, subdivision facilities, mail kiosks, sidewalks, parking lots, and walkways. Construction and maintenance of such areas is the responsibility of the homeowner’/property owners’ association. Common Open Space Privately held land area set aside, dedicated, owned, and maintained for common use, access, and enjoyment of multiple owners. This type of open space is held within a defined lot or a defined easement area. It may be either restricted to the owners via homeowner’/property owners’ association (HOA/POA), or open to others as specified by the association.  Primary Open Space These areas have sensitive environmental features and/or significant cultural resource areas, which may make them legally or practically unbuildable. These areas are reserved for passive uses (e.g., forests, pastures, meadows) and low impact active uses (e.g., trails, natural observation). 51 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-7  Secondary Open Space Secondary Open Space Areas have fewer restrictions with regard to location, allow more flexibility to improve overall open space design, and have more active uses (e.g., community gardens, playgrounds).  Active Open Space A subset or category of open space that defines the type and/or intensity of its use. Active areas are typically built areas and most often contain equipment and/or infrastructure. They are also frequently used by the residents. Examples include: trails, community gardens, and recreation fields, plays areas, pocket parks, and ball courts.  Passive Open Space A subset or category of open space that defines the type and/or intensity of its use. Passive areas are typically undisturbed, conserved areas that have little to no direct physical human interaction within that portion of the open space.  Utility Open Space A subset or category of open space that defines the type and/or intensity of its use. Utility areas are typically open but contain public and/or private utilities and services. Examples include utility lines or easements (e.g., water, sewer, gas, power), septic drain fields, and repair areas. Additional recreation use of these areas is typically limited based on the type of utility requirements that are in place. Community Center A new or existing facility that is owned or operated by a non-profit group from the community for non- commercial activity. Community Farmers’ Market An enclosed or open-air facility for the retail sale of locally produced vegetables, flowers, meats, commodities, plants, crafts, etc. For the purpose of this definition, “local” means Orange County and counties that share a border with Orange County. Composting Operation A facility designed and used for transforming food, yard waste and other organic material into soil or fertilizer through biological decomposition. This does not include backyard composting bins serving individual families. Comprehensive Plan An internally consistent and compatible statement of policies for the long term, physical development of that portion of Orange County under County jurisdiction, consisting of a statement of development policies and maps and text setting forth objectives, principles, standards and plan proposals for physical development. The Comprehensive Plan also consists of adopted area plans which focus on a portion of the County such as a township, a watershed or an interstate highway interchange. Technical information and/or task force reports prepared as part of a plan element or an area plan and incorporated as part of the appendix of or as a supplement are also considered part of the Comprehensive Plan. Concentrating Solar Thermal (CST) Devices Systems that use lenses or mirrors, and often tracking systems, to focus or reflect a large area of sunlight into a small area. The concentrated energy is absorbed by a transfer fluid or gas and used as a heat source for either a conventional power plant, such as a steam power plant, or a power conversion unit, such as a sterling engine. Also known as Concentrated Solar Thermal (CST). Conditional Districts A zoning technique authorized by N.C.G.S. 153A-342 which allows for the imposition of mutually agreed upon individualized development conditions as part of the legislative rezoning process. The Conditional Use District and Conditional Zoning Districts are subsets of the term Conditional Districts. Land may be 52 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-30 construed to include lands not beneficial to non- residential use due to location or character, or areas used predominantly for residential purposes. Nursing Home A facility, licensed by the appropriate state agency for the care of aged or infirmed individuals, that mee t 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” foll owing 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 Offices and personal services that generate high traffic volumes (> 400 trips/day), and have no adverse impacts beyond the zoning district boundary. Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With The Permitted Activity The disposal of limbs, stumps and construction debris associated with the permitted activity by means of outdoor fires. Open Space - (flexible development) "Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which are preserved through conservation easements or other restrictions in a flexible development subdivision. Open Space, Common Privateley held land area set aside, dedicated, owned and maintained for common use, access, and benefit of multiple lots. This type of open space is within a defined lot or a defined easement area for commion useage. It may be either restricted to the owners via Homeowners/Protperty Owners’ Association (HOA/POA) or open to others as specified by the Association. Open Space, Primary These areas have sensitive environmental features and/or significant cultural resource areas, which limit their development potetntial. 53 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-31 Open Space, Secondary All open space areas other than Primary Open Space as defined above. Open Space Utility A subset or category of open space that defines the type and/or intensity of its use. Utility areas are typically open but contain public and/or private utilities and services. Examples include utility lines or easements (e.g., water, sewer, gas, power), septic drainfields, and repair areas. Additional recreation use of these areas is typically limited based on the type of utility requirements that are in place. Open Space - (land use intensity) A. Open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below. B. Uncovered open space is total gross land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space. C. Covered open space is usable open space closed to the sky, but having two clear unobstructed open or partially open sides. Partially open sides is to be construed as 50% or more. Examples of covered space are covered balconies, covered portions of improved roof areas, or space under buildings supported on columns or posts or cantilevered. The square footage countable as covered open space shall not exceed the square footage of the open space sides. Open Space Ratio The minimum square footage of open space required for each square foot of gross land area. This area includes parking and vehicular access areas and it can also include balconies, and roofs improved for recreation. Outdoor Advertising Industry The organizations that provide outdoor displays or display space on a lease or rental basis. Outdoor Lighting Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other location to allow for the illumination of a building and exterior area(s) within the confines of a defined property line. Included are open air spaces on a property, which are under a roof or other cover and not fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck. Outdoor Lighting, Cutoff Fixture A fixture shielded or constructed in such a manner that no more than 2 ½% of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Outdoor Lighting, Direct Light Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of a luminaire. Outdoor Lighting, Fixture The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Outdoor Lighting, Flood Lamp A form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Outdoor Lighting, Floodlight A form of lighting designated to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. 54 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-38 B. Bed and Breakfast Inn: A business operated in a structure which is used primarily for providing overnight accommodations to the public, even though the owner or manager lives on the premises. The number of guestrooms may range from four to no more than eight. The establishment shall not contain restaurant facilities, but may provide food service for transient guests only. (Class B SUP) C. Country Inn: A business, which offers accommodations and dining in a predominately rural area. Overnight accommodations are available, and a full-service restaurant provides breakfast, lunch and dinner to guests and the general public. The number of guestrooms may range from four to no more than 24. The restaurant shall contain no more than 60 seats. (Class A SUP) Rural Heritage Museum A facility which stores and exhibits objects of historical, agricultural, and/or cultural interest for the purpose of educating the public about the rural heritage of Orange County and surrounding areas. Rural Industrial Activity Node Land focused on designated road intersections which serves as a nodal crossroads for the surrounding rural community and is an appropriate location for small-scale industrial uses which do not require urban type services. Rural Neighborhood Activity Node Land focused on designated road intersections within a Rural or Agricultural Residential area that is appropriate for small-scale commercial uses. Rural Residential Land Land in the rural areas of the County that is an appropriate location for low intensity and low density residential development which are not dependent on urban services. Rural Special Event A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to attract more than 20 people at any given time. Salvage yard Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery. Saw Mill A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood products; not including the processing of timber for use on the same parcel of property. Semi-Cutoff Fixture An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the horizontal plane of the fixture. Septic, Off-Site An off-site system is a wastewater system as defined in GS 130A-334(15) where any components of the systems serving two or more facilities are located on property other than the building lot that is under common ownership or control. This approval does not apply to a wastewater system entirely contained on multiple adjoining lots or tracts of land under common ownership or control which are considered a single system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC 18A .1938(j). Septic System, Alternative Any approved ground absorption sewage treatment and disposal system other than an approved privy or an approved septic tank system. 55 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: July 5, 2017 Action Agenda Item No. 3 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Permitted Use Table DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline Form 2. Draft Table of Permitted Uses 3. Draft UDO Text Amendments Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To continue review and comment upon proposed modifications to the tables of permitted uses and accompanying text amendment(s). BACKGROUND: This project was initiated to address the findings of the State Supreme Court in Byrd versus Franklin County related the delineation of prohibited land uses. Staff and the County’s Attorney Office have determined existing permitted use table(s) need to be modified to ensure compliance with the aforementioned court case clarifying allowable/prohibited land uses. Amendments are also necessary to address concerns over uniformity. For more background information please refer to Attachment 1. The Planning Board Ordinance Review Committee (ORC) began review of this item at its January 4, 2017 meeting, with the most recent review occurring on May 3, 2017. Agenda materials from various ORC meetings where this item has discussed can be viewed at: http://www.orangecountync.gov/departments/planning_and_inspections/orange_county_plannin g_board_(pb).php#. Based on previous comments/recommendations, staff has completed the following: a. Collapsing existing tables as contained in Section(s) 5.2.1 (general use zoning districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning districts) into a centralized permitted use table (Attachment 2). b. Modification of Article 5 Uses of the UDO to incorporate development standards and evaluation criteria for various land uses (Attachment 3). c. Modification of Article 10 Definitions of the UDO to incorporate new and/or revised definitions of various land uses consistent with the proposed new table (Attachment 3). 56 At the conclusion of the July ORC meeting staff will incorporate any necessary modifications and release the document(s) for additional Planning Board and staff peer review. A final amendment package will then be generated for review/recommendation by the Planning Board at its August 2, 2017 regular meeting. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Existing staff, included in the Departmental staffing budget, will accomplish the work required to process this amendment. RECOMMENDATION(S): Planning staff recommends the ORC review and comment upon the proposed amendments to the UDO. 57 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO / Zoning-2016-05 Amendment(s) to permitted use tables clarifying permitted and prohibited land uses. A. AMENDMENT TYPE Map Amendments Future Land Use 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. Article 5 Uses, 2. 5.2.1, 5.2.2, and 5.2.3 Tables of Permitted Uses, 3. Section 6.9.7 Parking Standards, and 4. Article 10 Definitions References throughout the UDO will be updated as a result of this amendment. Other: B. RATIONALE 1. Purpose/Mission In accordance with the provisions of Section 2.8 Zoning Atlas and Unified Attachment 1 58 Development Ordinance Amendments of the UDO, the Planning Director is proposing to initiate text amendments to clarify allowable and prohibited land uses within the various general use zoning districts throughout the County. These amendments are in response to recent court decisions, most notably action by the State Supreme Court in Byrd versus Franklin County, placing the onus on local governments to have sufficient specificity ‘spelling out’ allowable and prohibited land uses. The outline form was originally reviewed and approved by the BOCC at its May 5, 2016 regular meeting and updated at the November 1, 2016 meeting. 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’. In November of 2015 the State Supreme Court in Byrd versus Franklin County rejected arguments that the mere omission/listing of a particular land use within a table of permitted uses constituted a prohibition of same. The Court stated: ‘…. law favors uninhibited free use of private property over government restrictions’. A copy of the Court’s ruling in the Franklin County case can be viewed at: https://appellate.nccourts.org/opinions/?c=1&pdf=33680. The amendment is intended to: a. Collapse existing tables in Section(s) 5.2.1 through 5.2.3 (i.e. general use, EDD general use, and Conditional Zoning) into a centralized table, b. Clarify the list of non-residential and residential land uses permitted/prohibited within Orange County, c. Incorporate amendments associated with the Hillsborough Economic Development District originally reviewed at the September 12, 2016 quarterly public hearing, and d. Update Article(s) 5 Uses and 10 Definitions as necessary to reflect proposed modifications as necessary. 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. Land Use Goal 6: A land use planning process that is transparent, fair, open, efficient, and responsive. 4. New Statutes and Rules 59 The amendment(s) are in response to a 2015 court decision, Byrd versus Franklin County, as detailed herein. C. PROCESS a. TIMEFRAME/MILESTONES/DEADLINES a. BOCC Authorization to Proceed May 5, 2016 and November 1, 2016 b. Quarterly Public Hearing September 11, 2017 c. BOCC Updates/Checkpoints November 1, 2016 – Approval of revised UDO Amendment Outline Form January 4, February 1, May 3, and July 5, 2017 – Planning Board Ordinance Review Committee (ORC) meeting (BOCC receives agenda materials) Individual BOCC work session(s) throughout July of 2017 (dates to be determined in consultation with individual members) d. Development Advisory Committee (DAC) e. Legal Sufficiency Determination f. Other b. PUBLIC INVOLVEMENT PROGRAM Mission/Scope: Public Hearing process consistent with NC State Statutes and Orange County ordinance requirements a. Planning Board Review: January 4, February 1, May 3, and July 5, 2017 – Ordinance Review Committee (ORC) August 2, 2017 – Recommendation b. Advisory Boards: N/A c. Local Government Review: Staff shall transmit the proposed January 5, February 1, May 3, 2017 – Initial Review(s) July 6, 2017 – Final Review To be determined N/A 60 amendment(s) to the Towns of Chapel Hill, Carrboro, and Hillsborough for JPA and courtesy review in July of 2017. d. Notice Requirements Legal advertisement for the public hearing shall be in accordance with the provisions of the UDO. e. Outreach: c. 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 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 provide additional clarity on permitted and prohibited land uses. E. SPECIFIC AMENDMENT LANGUAGE Please refer to Attachment(s) 2 and 3. Primary Staff Contact: Michael D. Harvey Planning (919) 245-2597 mharvey@orangecountync.gov General Public: Staff will schedule an open house meeting to solicit public comment on the proposal in July of 2017. Advertisement of this meeting shall be coordinated with the Manager’s office. Small Area Plan Workgroup: Other: 61 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CONDITIONAL USE (REZONING & CLASS A SUP) 1 USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) AGR I C U L T U R A L USE S 2 Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y ~ !3 * * * * * * Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , C o m m u n i t y ^ ! * * * * * * * Ag r i c u l t u r a l S e r v i c e s U s e s * * * * Co l d S t o r a g e F a c i l i t y ! A * * * * * Co m m u n i t y F a r m e r s ’ M a r k e t ^ ! * * * * * * * * * Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g ! A * Co m p o s t i n g O p e r a t i o n , w i t h g r i n d i n g ~ ! A * Co o p e r a t i v e F a r m S t a n d ^ ! * * * * * * * Eq u e s t r i a n C e n t e r ! A * Fa r m E q u i p m e n t R e n t a l , S a l e s a n d S e r v i c e ~ ! * * * * * * Fa r m S u p p l y S t o r e ! * * * * * * * Fe e d M i l l ~ ! * * * * * Gr e e n h o u s e s w i t h O n P r e m i s e s S a l e s ^ ! * * * * * * * * Me a t P r o c e s s i n g F a c i l i t y , C o m m u n i t y ^ ! * * * * * * * Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l ~ ! A * No n - F a r m U s e o f F a r m E q u i p m e n t ^ ! * * * * St a b l e s , C o m m e r c i a l ~ ! B B B B B B * * St o c k y a r d s / L i v e s t o c k M a r k e t s ~ ! * *                                                                                                                           1 St a f f  is  an t i c i p a t i n g  a ch a n g e  in  St a t e  la w  th a t  wi l l  el i m i n a t e  th e  ‘C o n d i t i o n a l  Us e ’  re v i e w  an d  ap p r o v a l  co n s t r u c t  (i . e .  ap p r o v i n g  a sp e c i f i c  la n d  us e  wi t h  a re z o n i n g  re q u e s t  an d  is s u a n c e  of a Special Use Permit).  The process is still being referenced as the anticipated  ch a n g e  in  St a t e  la w  ha s  no t  oc c u r r e d .    Th e pr o c es s  is  li s t e d  fo r  se v e r a l  us e s  al l o w e d  wi t h i n  th e  Ec o n o m i c  De v e l o p m e n t  ge n e r a l  us e  zo n i n g  di s t r i c t s .    Th i s  ma t t e r  wi l l  be  ha n d l e d  in  a future ordinance amendment process.  2 At  th i s  ti m e  st a f f  is  no t  an t i c i p a t i n g  an y  ch a n g e s  to  th e s e  la n d  us e s .    A qu e s t i o n  ha s  ar i s e n  on  th e  ne e d  to  in c l u d e  ‘Cr o p  Pr o d u c t i o n  – No t  on  a Bo n a ‐Fi d e  Fa r m ’ in  th e  ta b l e .    St a f f  does not believe it is necessary at this time.  3 St a f f  is  pr o p o s i n g  am e n d m e n t s  cr e a t i n g  a ne w  Se c t i o n  5. 1 . 4  es t a b l i s h i n g  a ‘s y m b o l    ke y ’  fo r  th e  ta b l e  of  pe r m i t t e d  us e s .    We  ar e  re c o m m e n d i n g  an  ex c l a m a t i o n  ma r k  ‘! ’  de n o t e  the use is required to abide by additional and submittal and/or development standards  de t a i l e d  in  Ar t i c l e  5.   62 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CONDITIONAL USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) AUT O M O T I V E /T RA N S P O R T A T I O N Bu s a n d R a i l P a s s e n g e r S h e l t e r 4 * * * * * * * * * * * * * * * * * * * * * * * * * Bu s T e r m i n a l s & G a r a g e s ~ * * * * C# *5 * * Mo t o r F r e i g h t T e r m i n a l s ~ * * * * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r ( B o d y S h o p ) ~ * * * C# *5 * * Mo t o r V e h i c l e R e p a i r G a r a g e ~ * * * Mo t o r V e h i c l e S a l e s / R e n t a l ( N e w & U s e d ) ! * * * * * * * C# C# *5 * * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * * * * * C# C# *5 * * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e !6 * * * * * * * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n ~ * * * * * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * * * * * * Au t o m o t i v e / T r a n s p o r t a t i o n U s e s N o t L i s t e d H e r e i n ! 7 A A A                                                                                                                            4 St a f f  ha s  ad d e d  la n g u a g e  fr o m  Se c t i o n  5. 2 . 2  re f e r e n c i n g  th e  de v e l o p m e n t  of  ‘R a i l ’  pa s s e n g e r  sh e l t e r s  as  we l l  as  ‘b u s  pa s s e n g e r  sh e l t e r s ’ .   5 St a f f  is  re c o m m e n d i n g  th i s  be c o m e  a pe r m i t t e d  us e  of  pr o p e r t y  co n s i s t e n t  wi t h  th e  Ec o n o m i c  De v e l o p m e n t  En o  Hi g h  In t e n s i t y  Di s t r i c t  as  we l l  as  ot h e r  ge n e r a l  us e  zo n i n g  di s t r i c t s .   6 Th e  la n d  us e  is  cu r r e n t  li s t e d  in  th i s  ca t e g o r y  in  th e  ED D  di s t r i c t s  as  Su r f a c e  an d  st r u c t u r e  pa r k i n g  as  pr i n c i p a l  us e .   Th e r e  ar e  ot h e r  st a n d a r d s  as s o c i a t e d  wi t h  de v e l o p m e n t  as  we l l .   These standards are being moved to the appropriate section of Article 5.  7 In  re v i e w i n g  th i s  pr o j e c t  wi t h  th e  Co u n t y ’ s  At t o r n e y  Of f i c e  th e r e  wa s  di s c u s s i o n  ov e r  th e  vi a b i l i t y  of  de v e l o p i n g  a ‘c a t c h  al l ’  la n d  us e  to  ca p t u r e  an y  us e  ac t i v i t y  no t  sp e c i f i c a l l y  li s t e d .   We believe we are within our legal ability to create same in an effort to ensure we  ar e  co m p l a i n t  wi t h  th e  By r d de c i s i o n .    Th i s  so l u t i o n  is  st i l l  be i n g  re v i e w e d  by  th e  At t o r n e y .   63 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) ADU L T A N D CHI L D CAR E & EDU C A T I O N A L FAC I L I T I E S 8 Ad u l t D a y c a r e H o m e 9 * * * * * Ad u l t D a y c a r e F a c i l i t i e s 10 * * * * * Da y c a r e 11 Ce n t e r i n a R e s i d e n c e fo r 3 t o 1 2 Ch i l d r e n 12 * * * * * * * * * * * * * * Ch i l d C a r e F a c i l i t i e s 13 B B B B B B B B B * * * * * * B* B*14 * * * Li b r a r i e s * * * * * * C# * * * * No n - P r o f i t E d u c a t i o n a l C o o p e r a t i v e 15 A * Sc h o o l s : D a n c e , A r t & M u s i c 16 * * * * * * * C#* * * * Sc h o o l s : El e m e n t a r y , M i d d l e , a n d S e c o n d a r y Pr e p a r a t o r y ! 17 A A A A A A A A A A A A * A18 * Sc h o o l s : Vo c a t i o n a l T e c h n i c a l , T r a d e , a n d S k i l l Tr a i n i n g ! 19 * * * * * * * * C#   C# *20  * * * *                                                                                                                        8 Af t e r  co n f e r r i n g  wi t h  th e  Pl a n n i n g  Bo a r d ,  st a f f  is  re c o m m e n d i n g  ad d i n g  th e  te r m  ‘A d u l t ’  to  th e  ti t l e  of  th i s  la n d  us e  ca t e g o r y .    Th e r e  ar e  la n d  us e s  co n t a i n e d  wi t h i n  th i s  ca t e g o r y  that provide ‘care’ for individuals other than children.  We cannot have the land use  ca t e g o r y  na m e  in c o n s i s t e n t  wi t h  pe r m i t t e d  us e s  co n t a i n e d  th e r e i n .   9 Th i s  is  a us e  fo c u s e s  on  th e  ca r e  of  ad u l t s  wh o  ma y  ne e d  sp e c i a l i z e d  ca r e  du r i n g  th e  da y .    Th e r e  ar e  re v i s e d  re g u l a t i o n ( s )  ou t l i n i n g  ho w  su c h  a us e  co u l d  be  de v e l o p e d  in  Ar t i c l e  5 and a new definition proposed for Article 10.  10  Th i s  is  a pr o p o s e d  ne w  la n d  us e  ca t e g o r y  mi r r o r i n g  th e  ex i s t i n g  Ch i l d  Ca r e  Fa c i l i t i e s  la n d  us e  wi t h  in t e n t  to  of f e r  ‘d a y c a r e ’  se r v i c e s  to  ad u l t s  wh o  ma y  be  in  ne e d .   11  Se c t i o n  5. 8 . 1  of  th e  UD O  in d i c a t e s  th e  ‘t i t l e ’  to  th i s  la n d  us e  is  ‘Da y c a r e  Ce n t e r  in  a Re s i d e n c e ’ . St a f f  is  mo d i f y i n g  th e  ta b l e  of  pe r m i t t e d  us e s  to  en s u r e  co n s i s t e n c y  th r o u g h o u t .   12  Th e r e  is  no  ne e d  to  li s t  th e  ex i s t i n g  li m i t a t i o n  in  th e  Ta b l e  of  Pe r m i t t e d  Us e s .    Th e  li m i t a t i o n  is  ca p t u r e d  in  th e  re g u l a t i o n s  go v e r n i n g  de v e l o p m e n t  of  sa m e  as  de t a i l e d  in  Se c t i o n  5.8.1 of the UDO.  13  Re g u l a t i o n s  go v e r n i n g  de v e l o p m e n t  ar e  co n t a i n e d  in  Se c t i o n  5. 8 . 2  of  th e  UD O .      14  Re c o m m e n d i n g  al l o w i n g  as  a pe r m i t t e d  us e  co n s i s t e n t  wi t h  th e  ED E ‐1 an d  ED E ‐2 ge n e r a l  us e  zo n i n g  di s t r i c t s .   15  St a f f  is  re c o m m e n d i n g  th e  la n d  us e  be  el i m i n a t e d .    To  ou r  kn o w l e d g e  we  ha v e  no  su c h  us e s  in  ex i s t e n c e  an d  ar e  un s u r e  wh a t  th e  in t e n t  of  th e  us e  wa s  wh e n  cr e a t e d .   16  Th e  la n d  us e  ca t e g o r y  is  be i n g  de l e t e d .    Th e s e  la n d  us e s  ar e  be i n g  co n s o l i d a t e d  in t o    ne w  ca t e g o r y  en t i t l e d  Sc h o o l s  – Te c h n i c a l  an d  Tr a d e .  17  A ne w  de f i n i t i o n  ha s  be e n  ad d e d  to  Ar t i c l e  10  de f i n i n g  th i s  te r m ,  wh i c h  no w  in c l u d e s  el e m e n t a r y ,  mi d d l e ,  an d  se c o n d a r y  sc h o o l s ,  pu b l i c  or  pr i v a t e .    Th e  te r m  al s o  in c l u d e s  pr e ‐schools and any other institution that is designed to provide/satisfy the educational  re q u i r e m e n t s  as s o c i a t e d  wi t h  th e  St a t e  of  No r t h  Ca r o l i n a  De p a r t m e n t  of  Ed u c a t i o n  ma nd a t o r y cu r r i c u l u m .   18  St a f f  is  un s u r e  wh y  in  th e  ED E ‐1 ge n e r a l  us e  zo n i n g  di s t r i c t  a ‘s c h o o l ’  is  pe r m i t t e d  by  ri g h t  wh i l e  in  ot h e r  di s t r i c t s  is  re q u i r e d  a Cl a s s  A Sp e c i a l  Us e  Pe r m i t ,  in c l u d i n g  ot h e r  ED D  di s t r i c t s .   We are recommending this be changed to only being allowed with the issuance  of  a Cl a s s  A Sp e c ia l  Us e  Pe r m i t  (A )  co n s i s t e n t  wi t h  ot h e r  di s t r i c t s .   19  A br o a d  la n d  us e  ca t e g o r y  de s i g n e d  to  ad d r e s s  vo c a t i o n a l ,  pr o f e s s i o n ,  tr a d e ,  an d  ot h e r  si m i l a r  sc h o o l s .    A ne w  de f i n i t i o n  ha s  be e n  in c l u d e d  in  Ar t i c l e  10  ou t l i n i n g  wh a t  ea c h  ca t e g o r y  includes.  Staff is proposing regulation(s) identifying which general use zoning  di s t r i c t s  va r i o u s  sc h o o l s  ar e  al l o w e d  in  Ar t i c l e  5.   20  St a f f  is  re c o m m e n d i n g  de l e t i n g  th e  us e  fr o m  th e  Ec o n o m i c  De v e l o p m e n t  Bu c k h o r n  Lo w  In t e n s i t y  (E D B ‐1)  al t o g e t h e r  an d  al l o w i n g  wi t h i n  th e  Ec o n o m i c  De v e l o p m e n t  Bu c k h o r n  High Intensity (EDB‐2) district as a permitted use.  This land use is currently allowed  wi t h i n  th e  Ec o n o m i c  De v e l o p m e n t  En o  Hi g h  In t e n s i t y  (E D E ‐2)  di s t r i c t  as  a pe r m i t t e d  us e  of  pr o per t y .    Th e  am e n d m e n t  is  de s i g n e d  to  cr e a t e  un i f o r m i t y .   64 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Se n i o r C e n t e r * * *  * * Un i v e r s i t i e s , C o l l e g e s & I n s t i t u t e s ! 21 *A *A *A * * * * * * * * Ch i l d a n d A d u l t C a r e - U s e s N o t L i s t e d H e r e i n ! 22 A A A A *                                                                                                                           21  St a f f  is  re c o m m e n d i n g  a ‘U n i v e r s i t y ’  la n d  us e  be  pe r m i t t e d  as  a Cl a s s  A Sp e c i a l  Us e  Pe r m i t  in  re s i d e n t i a l  ge n e r a l  us e  zo n i n g  di s t r i c t s .   22  A ca t c h  al l  ca t e g o r y  we  ar e  re c o m m e n d i n g  to  ad d r e s s  an y  ‘s c h o o l ’  or  ‘c a r e ’  fa c i l i t y  us e  no t  fa l l i n g  in t o  a li s t e d  ca t e g o r y .   65 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) CON S T R U C T I O N /C ON T R A C T O R OFF I C E S 23 Bu i l d i n g C o n t r a c t o r s – N o E x t e r n a l S t o r a g e o f Ma t e r i a l s o r E q u i p m e n t 24 * * * * * * * * * * * * Bu i l d i n g C o n t r a c t o r s – W i t h E x t e r n a l S t o r a g e o f Ma t e r i a l s o r E q u i p m e n t * * * * Pl u m b i n g , E l e c t r i c a l , H e a t i n g , Gl a s s / G l a z i n g , Ma s o n r y / D r y w a l l , P a i n t i n g / W a l l C o v e r i n g , C a r p e n t r y , Fl o o r i n g , R o o f i n g / S i d i n g , C o n c r e t e , an d S i m i l a r Tr a d e C o n t r a c t o r s – N o E x t e r n a l S t o r a g e o f Ma t e r i a l s o r E q u i p m e n t * * * * * * * * * * * * * Pl u m b i n g , E l e c t r i c a l , H e a t i n g , G l a s s / G l a z i n g , Ma s o n r y / D r y w a l l , P a i n t i n g / W a l l C o v e r i n g , C a r p e n t r y , Fl o o r i n g , R o o f i n g / S i d i n g , C o n c r e t e a n d S i m i l a r T r a d e Co n t r a c t o r s – W i t h E x t e r n a l S t o r a g e o f M a t e r i a l s o r Eq u i p m e n t * * * *                                                                                                                            23  St a f f  is  pr o p o s i n g  to  us e  th e  ex i s t i n g  ‘C o n s t r u c t i o n ’  la n d  us e  ca t e g o r y  fr o m  th e  Ec o n o m i c  De v e l o p m e n t  Di s t r i c t  (E D D )  ta b l e s  (S e c t i o n  5. 2 . 2  of  th e  UD O )  wi t h i n  th e  ne w  pe r m i t t e d  use table construct.  Currently construction land uses have been interpreted as being  co n t a i n e d  wi t h i n  th e  ‘Of f i c e s  an d  Pe r s o n a l  Se r v i c e s ’ la n d  us e  ca t e g o r y  as  co n t a i ne d  in  Se c ti o n  5. 2 . 1  of  th e  UD O .    St a f f  be l i e v e s  li s t i n g  al l o w a b l e  la n d  us e s  in  th e  pr o p o s e d  ma n n e r  eliminates confusion for the reader and staff and provides greater detail on where such  la n d  us e s  ar e  to  be  pe r m i t t e d .    St a f f  is  al s o  ad d i n g  th e  wo r d  ‘C o n t r a c t o r s ’  to  th e  ti t l e  of  th e  la n d  us e  ca te g o r y  to  en su r e  pr o p e r  re f e r e n c e s  to  th e  ac t i v i t y  th a t  is  be i n g  al l o w e d .   24  Th e r e  is  a di s t i n c t i o n  in  th e  UD O  re l a t e d  to  a bu i l d i n g  co n t r a c t o r ’ s  la n d  us e  wh e r e  eq u i p m e n t / m a t e r i a l s  ca n  be  st o r e d  ou t d o o r s .    St a f f  is  re c o m m e n d i n g  cr e a t i n g  th e  di s t i n c t i o n  here so we can properly identify where such uses can be located as we are now  co m b i n i n g  th e  in d i v i d u a l  ta b l e s  in t o  on e .   66 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) EXT R A C T I V E USE S 25 Ex t r a c t i o n o f E a r t h P r o d u c t s – N o O n - s i t e Pr o c e s s i n g o f E x t r a c t e d M a t e r i a l s ! 26 A A A A A Ex t r a c t i o n o f E a r t h P r o d u c t s – O n - s i t e P r o c e s s i n g o f Ex t r a c t e d M a t e r i a l s 27                                                                                                                            25  As  a ge n e r a l  ob s e r v a t i o n  it  ne e d s  to  be  re m e m b e r e d  th e  Co u n t y  is  li k e l y  pr e ‐em p t e d  by  St a t e  la w  fr o m  re q u i r i n g  a pe r m i t  fo r  a my r i a d  of  ex t r a c t i v e  la n d  us e s ,  mo s t  no t a b l y  hy d r a u l i c  fracturing (i.e. fracking).  26  Th e  cu r r e n t  de f i n i t i o n  of  th i s  la n d  us e  do e s  no t  pe r m i t  th e  pr o c e s s i n g  of  ma t e r i a l s  ‘be y o n d  in c i d e n t a l  me c h a n i c a l  co n s o l i d a t i o n  or  so r t i n g  to  fa c i l i t a t e  tr a n s p o r t a t i o n  to  th e  si t e  of use or location of further processing’.  Staff is adding language to spell out this  di s t i n c t i o n  wi t h i n  th e  Ta b l e  of  Pe r m i t t e d  Us e s .   27  We  ar e  in c l u d i n g  a ne w  la n d  us e  ca t e g o r y  to  ‘c a p t u r e ’  al l  ot h e r  ex t r a c t i v e  la n d  us e  op e r a t i o n s  wh e r e  on ‐si t e  pr o c e s s i n g  of  ma t e r i a l s  as s o c i a t e d  wi t h  th e  ac t i v i t y  ar e  pr o p o s e d .    At this time staff is not recommending these activities be permitted.  67 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) FIN A N C IA L E I N S T I T U T I O N S 28 Ba n k s , S a v i n g s a n d L o a n s , a n d C r e d i t U n i o n s Wi t h an A u t o m a t e d T e l l e r M a c h i n e ( A T M ) * * * * * * * * Ba n k s , S a v i n g s a n d L o a n s , a n d C r e d i t U n i o n s Wi t h o u t a n A u t o m a t e d T e l l e r M a c h i n e ( A T M ) 29 * * * * * * * Ba n k A u t o m a t e d T e l l e r M a c h i n e ( A T M ) – S t a n d a l o n e Us e 30 * * * * Cr e d i t A g e n c i e s a n d I n s t i t u t i o n s * * * * * * * * * * * * In s u r a n c e C a r r i e r s a n d A g e n t s * * * * * * * * * * * * Re a l E s t a t e A g e n t s a n d B r o k e r s * * * * * * * * * * * * * * Se c u r i t y a n d C o m m o d i t y B r o k e r s , a n d I n v e s t m e n t Of f i c e s * * * * * * * * * * * * Pa w n s h o p , C u r r e n c y E x c h a n g e , o r P a y d a y Lo a n                                                                                                                            28  St a f f  is  pr o p o s i n g  to  us e  th e  ex i s t i n g  ‘F i n a n c e ’  la n d  us e  ca t e g o r y  fr o m  th e  Ec o n o m i c  De v e l o p m e n t  Di s t r i c t  (E D D )  ta b l e s  (S e c t i o n  5. 2 . 2  of  th e  UD O ) .    Cu r r e n t l y  fi n a n c i a l  la n d  us e s  have been interpreted as being contained within the ‘Offices and Personal Services’ land  us e  ca t e g o r y  as  co n t a i n e d  in  Se c t i o n  5. 2 . 1  of  th e  UD O .    Th e r e  ar e  al s o  re f e r e n c e s  to  ‘Ba nk s  an d Fi n a n c i a l  In s t i t u t i o n s ’ as  a pe r m i t t e d  la n d  us e  un d e r  th e  ex i s t i n g  Co m m e r c i a l  Us e s  Land Use Category within Section 5.2.1.  Staff believes the proposed merged category  el i m i n a t e s  co n f u s i o n  fo r  th e  re a d e r / s t a f f  an d  pr o v i d e s  gr e a t e r  de t a i l  on  wh e r e  su c h  la n d  us e s  ar e  to  be  en c o u r a g e d .    St a f f  is  al s o  re co m m e n d i ng  mo d i f y i n g  th e  ti t l e  of  th e  la n d  us e  category to ensure proper reference to the uses allowed within same.  29  We  ar e  re c o m m e n d i n g  cr e a t i n g  a di s t i n c t i o n  to  a ba n k  wi t h  an d / o r  wi t h o u t  an  AT M .    Th e r e  ma y  be  ge n e r a l  us e  di s t r i c t s  wh e r e  a ba n k  wo u l d  ma k e  se n s e  bu t  th e  de v e l o p m e n t  of an ATM might pose concern.  This gives the County flexibility to create a distinction to  ad d r e s s  th i s  is s u e .   30  Th e r e  is  a tr e n d  to  al l o w  st a n d a l o n e  AT M s  wi t h i n  co m m e r c i a l  de v e l o p m e n t s .    Hi s t o r i c a l l y  we  ha v e  vi e w e d  th i s  as  a cu s t o m a r y  ac c e s s o r y  us e  to  a co m m e r c i a l  de v e l o p m e n t .    We  are creating an allowance in the proposed revised table to ensure there is no dispute  ov e r  it s  st a t u s  as  a pe r m i t t e d  us e .   68 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) GOV E R N M E N T USE S De t e n t i o n a n d C o r r e c t i o n a l F a c i l i t i e s - C o u n t y 31 De t e n t i o n a n d C o r r e c t i o n a l F a c i l i t i e s – O t h e r Go v e r n m e n t a l F a c i l i t i e s & O f f i c e B u i l d i n g s (A d m i n i s t r a t i v e , H o u s i n g , E d u c a t i o n , P u b l i c H e a l t h , Co m m u n i t y C e n t e r s , L i b r a r y , P l a n n i n g / C o m m u n i t y De v e l o p m e n t , S o c i a l S e r v i c e s , e t c . ) - C o u n t y * * * * * * * * * * * * * * * * * * Go v e r n m e n t a l F a c i l i t i e s & O f f i c e B u i l d i n g s - O t h e r Go v e r n m e n t a l P r o t e c t i v e S e r v i c e s ( P o l i c e & F i r e St a t i o n s ) R e s c u e S q u a d s , V o l u n t e e r F i r e De p a r t m e n t s - C o u n t y * * * * * * * * * * * * * * * * * * Go v e r n m e n t a l P r o t e c t i v e S e r v i c e s - O t h e r Go v e r n m e n t F a c i l i t y – S o l i d W a s t e C o l l e c t i o n Ce n t e r s – C o u n t y ! 32 * * * * * * * * * * * * * * * * * * * * * * Go v e r n m e n t F a c i l i t y – S o l i d W a s t e C o l l e c t i o n Ce n t e r s - O t h e r Mi l i t a r y I n s t a l l a t i o n s ( Mi l i t a r y B a s e , Na t i o n a l G u a r d & Re s e r v e A r m o r y ) ~ 33 * * * *                                                                                                                            31  St a f f  be l i e v e s  th i s  ha s  al w a y s  be e n  vi e w e d  as  a ‘g o v e r n m e n t  fa c i l i t y ’ .    As  th e r e  is  th e  po t e n t i a l  to  ha v e  a St a t e  fa c i l i t y  de v e l o p e d  in  th e  ar e a  we  ar e  re c o m m e n d i n g  th e  us e  be  li s t e d  and properly identified.  Please note it is likely a State correctional facility is exempt  fr o m  lo c a l  la n d  us e  re g u l a t i o n ( s ) .   32  Th i s  is  an  ex i s t i n g  la n d  us e  co n t a i n e d  wi t h i n  Se c t i o n  5. 2 . 2  of  th e  UD O  an d  st a f f  is  re c o m m e n d i n g  it  be  ke p t  wi t h i n  th e  re v i s e d  ta b l e  of  pe r m i t t e d  us e s .   33  As  wi t h  se v e r a l  ot h e r  la n d  us e s  it  is  li k e l y  a mi l i t a r y  in s t a l l a t i o n  is  ex e m p t  fr o m  lo c a l  la n d  us e  re g u l a t i o n ( s ) .   69 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) MAN U F A C T U R I N G , ASS E M B L Y , A N D PRO C E S S I N G 34 , 35 As s e m b l y a n d P a c k a g i n g O p e r a t i o n s I n c l u d i n g Di s t r i b u t i o n a n d M a i l O r d e r H o u s e s , B u t E x c l u d i n g On - P r e m i s e s R e t a i l O u t l e t s 36 * * * * Ap p a r e l M a n u f a c t u r i n g , A s s e m b l y a n d Pr o c e s s i n g * * * * * * * * * Ch e m i c a l M a n u f a c t u r in g a n d P r o c e s s i n g ( s e e li s t i n g b e l o w ) Ba s e C h e m i c a l M a n u f a c t u r i n g Re s i n , S y n t h e t i c R u b b e r , a n d Ar t i f i c i a l S y n t h e t i c F i b e r s a n d F i l a m e n t s Ma n u f a c t u r i n g Pe s t i c i d e , F e r t i l i z e r , a n d O t h e r Ag r i c u l t u r a l C h e m i c a l M a n u f a c t u r i n g Ph a r m a c e u t i c a l a n d M e d i c i n e Ma n u f a c t u r i n g , A s s e m b l y , a n d P r o c e s s i n g * * * * Pa i n t , C o a t i n g , a n d A d h e s i v e Ma n u f a c t u r i n g So a p , C l e a n i n g C o m p o u n d , an d T o i l e t P r e p a r a t i o n M a n u f a c t u r i n g El e c t r o n i c E q u i p m e n t Ma n u f a c t u r i n g , A s s e m b l y , an d P r o c e s s i n g (s e e l i s t i n g b e l o w ) 37 El e c t r o n i c E q u i p m e n t – Co m m u n i c a t i o n s e q u i p m e n t * * * * *                                                                                                                        34  St a f f  is  pr o p o s i n g  to  me r g e  th e  ex i s t i n g  ‘M a n u f a c t u r i n g ,  As s e m b l y ,  an d  Pr o c e s s i n g ’  la n d  us e  ca t e g o r y  fr o m  th e  Ec o n o m i c  De v e l o p m e n t  Di s t r i c t  (E D D )  ta b l e s  (S e c t i o n  5. 2 . 2  of  th e  UDO) with Section 5.2.1 .  The existing land use category contained in Section 5.2.1,  es p e c i a l l y  th o s e  re f e r e n c i n g  al l o w a b l e  ma n u f a c t u r i n g / i n d u s t r i a l  la n d  us e s ,  is  no t  ve r y  we l l  de f i n e d .    St af f  ha s  add e d  us e s  (d e n o t e d  in  re d  un d e r l i n e d  te x t ) co n s i s t e n t  wi t h  th e  Pl a n n i n g  Board and BOCC review of amendments to the Hillsborough EDD districts in the fall  of  20 1 6 .   35  Af t e r  co n f e r r i n g  wi t h  th e  Pl a n n i n g  Di r e c t o r ,  st a f f  wa s  in s t r u c t e d  to  pr o v i d e  su f f i c i e n t  sp e c i f i c i t y  on  pe r m i t t e d / p r o h i b i t e d  la n d  us e s  in  an  ef f o r t  to  ai d  Ec o n o m i c  De v e l o p m e n t  st a f f  market non‐residential development opportunities in the County.  As a result the list  of  us e s  is  ra t h e r  ex p a n s i v e .    36  Th i s  is  fr o m  th e  ex i s t i n g  li s t  as  fo u n d  in  Se c t i o n  5. 2 . 1  of  th e  UD O .   37  Ta k e n  fr o m  th e  ex i s t i n g  li s t  co n t a i n e d  in  Se c t i o n  5. 2 . 2  of  th e  UD O .   70 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) El e c t r o n i c E q u i p m e n t – El e c t r i c l i g h t i n g a n d w i r i n g e q u i p m e n t * * * * * El e c t r o n i c E q u i p m e n t – El e c t r i c t r a n s m i s s i o n a n d d i s t r i b u t i o n * * * * * El e c t r o n i c E q u i p m e n t – El e c t r i c a l i n d u s t r i a l a p p a r a t u s * * * * * El e c t r o n i c E q u i p m e n t – El e c t r o n i c c o m p o n e n t s a n d a c c e s s o r i e s * * * * * El e c t r o n i c E q u i p m e n t – Ho u s e h o l d a p p l i a n c e s * * * * * El e c t r o n i c E q u i p m e n t – Ra d i o a n d t e l e v i s i o n r e c e i v i n g e q u i p m e n t * * * * * Fa b r i c a t e d M e t a l P r o d u c t s Ma n u f a c t u r i n g , As s e m b l y , a n d P r o c e s s i n g (s e e l i s t i n g b e l o w ) Ar c h i t e c t u r a l a n d S t r u c t u r a l Me t a l s M a n u f a c t u r i n g * Bo i l e r , T a n k , M e t a l C a n , an d S h i p p i n g Co n t a i n e r M a n u f a c t u r i n g 38 * * * Cu t l e r y a n d h a n d t o o l s * * * * Fa b r i c a t e d s t r u c t u r a l m e t a l p r o d u c t s * * * * Fi r e a r m s Fo r g i n g a n d S t a m p i n g * * * Ha r d w a r e / T o o l Ma n u f a c t u r i n g a n d P a c k a g i n g * * * * * He a t i n g e q u i p m e n t , e x c e p t e l e c t r i c an d w a r m a i r ; a n d p l u m b i n g f i x t u r e M a n u f a c t u r i n g * * * * He a t i n g e q u i p m e n t , i n c l u d i n g e l e c t r i c an d w a r m a i r ; a n d p l u m b i n g f i x t u r e M a n u f a c t u r i n g *                                                                                                                        38  Th i s  in c l u d e s  th e  Me t a l  Ca n  an d  Sh i p p i n g  co n t a i n e r  ma n u f a c t u r i n g  in  th e  cu r r e n t  ta b l e .    Us e  ha s  be e n  ex p a n d e d  to  in c l u d e  si m i l a r  ac t i v i t i e s  br o a d e n i n g  wh a t  is  pe r m i s s i b l e .   71 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Me t a l c a n s a n d s h i p p i n g c o n t a i n e r s 39 Mu n i t i o n s i n c l u d i n g A m m u n i t i o n Ma n u f a c t u r i n g a n d P a c k a g i n g Nu t s , b o l t s , s c r e w s , ri v e t s , a n d w a s h e r s Ma n u f a c t u r i n g a n d P a c k a g i n g * * * * Fo o d P r o d u c t s M a n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g ( s e e l i s t i n g b e l o w ) An i m a l F o o d P r e p a r a t i o n , M a n u f a c t u r i n g , Pa c k a g i n g a n d D i s t r i b u t i o n * * An i m a l S l a u g h t e r i n g a n d P r o c e s s i n g , Pa c k a g i n g , a n d D i s t r i b u t i o n (R e f e r t o Me a t P r o c e s s i n g F a c i l i t y w i t h i n t h e Ag r i c u l t u r a l U s e s La n d U s e C a t e g o r y ) Ba k e r ie s a n d T o r t i l l a P r e p a r a t i o n , M a n u f a c t u r i n g , Pa c k a g i n g , a n d D i s t r i b u t i o n - N o o n - s i t e sa l e s y * * * * * * * * Ba k e r ie s a n d T o r t i l l a P r e p a r a t i o n , M a n u f a c t u r i n g , Pa c k a g i n g , a n d D i s t r i b u t i o n – W i t h o n - s i t e sa l e s y * * * * * * Be v e r a g e s M a n u f a c t u r i n g a n d P r o c e s s i n g (s e e l i s t b e l o w ) 40 No n - a l c o h o l i c – P r o d u c t i o n O n l y * * * * * * * * Al c o h o l i c – D i s t i l l e r y , P r o d u c t i o n O n l y 41 * * * * * * * Mi c r o b r e w e r y , P r o d u c t i o n O n l y 42 B B * * * *                                                                                                                        39  Mo v e d  to  a ne w  la n d  us e  ca t e g o r y .   40  St a f f  is  re c o m m e n d i n g  a fu r t h e r  br e a k d o w n  of  be v e r a g e  pr o d u c t i o n .    Cu r r e n t l y  we  ha v e  al l o w a n c e s  fo r  bo t t l i n g  pl a n t s  an d  mi c r o b r e w e r i e s .    We  ar e  re c o m m e n d i n g  ad d i n g  no n ‐alcoholic and alcoholic (distillery) beverage production as well.  41  St a f f  is  mo d e l i n g  th e  ‘a l c o h o l i c  – di s t i l l e r y ’  la n d  us e  af t e r  ou r  ex i s t i n g  mi c r o b r e w e r y  la n d  us e  ca t e g o r y .   42  Th i s  is  fr o m  th e  ex i s t i n g  pe r m i t t e d  us e  li s t  in  Se c t i o n  5. 2 . 1  of  th e  UD O .   72 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Mi c r o b r e w e r y w i t h M i n o r E v e n t s 43 B B B B B Mi c r o b r e w e r y w i t h M a j o r E v e n t s 44 * * Bo t t l i n g p l a n t s – N o O n s i t e Pr o d u c t i o n * * * * * * Wi n e r y , p r o d u c t i o n o n l y 45 B B * * * * Wi n e r y w i t h M i n o r E v e n t s 46 B B B B B Wi n e r y w i t h M a j o r E v e n t s 47 * * Da i r y P r o d u c t i o n / P r o d u c t P r e p a r a t i o n , Ma n u f a c t u r i n g , P a c k a g i n g a n d D i s t r i b u t i o n * * * * Fr u i t a n d V e g e t a b l e P r o c e s s i n g / P r e s e r v i n g , Pr e p a r a t i o n , M a n u f a c t u r i n g , Pa c k a g i n g , a n d D i s t r i b u t i o n * * * * * * * * Gr a i n a n d O i l s e e d M i l l i n g , Pa c k a g i n g a n d D i s t r i b u t i o n * * Mi s c e l l a n e o u s f o o d , Pr e p a r a t i o n , M a n u f a c t u r i n g , Pa c k a g i n g a n d D i s t r i b u t i o n e. g . , c o f f e e r o a s t i n g , c o n d i m e n t s , co n f e c t i o n a r y p r o d u c t s , 48 pr e - m a d e m e a l s , e t c . * * * * * Se a f o o d P r o c e s s i n g , P r e p a r a t i o n , an d P a c k a g i n g * * Su g a r a n d C o n f e c t i o n a r y P r o d u c t P r e p a r a t i o n , Ma n u f a c t u r i n g , P a c k a g i n g , a n d D i s t r i b u t i o n * * * * * * To b a c c o P r o c e s s i n g , P r e p a r a t i o n , M a n u f a c t u r i n g , Pa c k a g i n g , a n d D i s t r i b u t i o n                                                                                                                        43  Th i s  is  fr o m  th e  ex i s t i n g  pe r m i t t e d  us e  li s t  in  Se c t i o n  5. 2 . 1  of  th e  UD O .   44  Th i s  is  fr o m  th e  ex i s t i n g  co n d i t i o n a l  zo n i n g  pe r m i t t e d  us e  li s t  in  Se c t i o n  5. 2 . 3  of  th e  UD O .   45  Th i s  is  fr o m  th e  ex i s t i n g  pe r m i t t e d  us e  li s t  in  Se c t i o n  5. 2 . 1  of  th e  UD O .   46  Th i s  is  fr o m  th e  ex i s t i n g  pe r m i t t e d  us e  li s t  in  Se c t i o n  5. 2 . 1  of  th e  UD O .   47  Th i s  is  fr o m  th e  ex i s t i n g  co n d i t i o n a l  zo n i n g  pe r m i t t e d  us e  li s t  in  Se c t i o n  5. 2 . 3  of  th e  UD O .   48  Mo v e d  to  a ne w ,  in d e p e n d e n t ,  la n d  us e  ca t e g o r y .   73 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) In d u s t r i a l M a c h i n e r y Ma n u f a c t u r i n g , A s s e m b l y , an d P r o c e s s i n g (s e e l i s t i n g b e l o w ) En g i n e s a n d t u r b i n e s * * * * Fa r m / g a r d e n m a c h i n e r y a n d e q u i p m e n t * * * * * Ge n e r a l i n d u s t r i a l m a c h i n e r y a n d e q u i p m e n t ; e . g . , p u r i f i c a t i o n eq u i p m e n t , b a l l a n d r o l l e r b e a r i n g s , e t c . * * * * Me t a l w o r k i n g m a c h i n e r y a n d e q u i p m e n t * * * Of f i c e , c o m p u t i n g , a n d ac c o u n t i n g m a c h i n e s * * * * * * Sp e c i a l i n d u s t r i a l m a c h i n e r y ; e. g . , t e x t i l e m a c h i n e r y * * * In s t r u m e n t s Ma n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g (s e e l i s t i n g b e l o w ) Me a s u r i n g , a n a l y z i n g , a n d c o n t r o l l i n g i n s t r u m e n t s * * * * * * * Ph o t o g r a p h i c , m e d i c a l , a n d o p t i c a l g o o d s * * * * * * * Wa t c h e s a n d c l o c k s * * * * * * * Le a t h e r A n d A l l i e d P r od u c t M a n u f a c t u r i n g ( s e e li s t i n g b e l o w ) Le a t h e r a n d H i d e T a n n i n g / F i n i s h i n g Fo o t w e a r P r o d u c t i o n , M a n u f a c t u r i n g , an d D i s t r i b u t i o n * * * * * Pa p e r P r o d u c t s M a n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g ( s e e l i s t i n g b e l o w ) Co n v e r t e d p a p e r a n d p a p e r b o a r d p r o d u c t s * * * * * Pa p e r b o a r d c o n t a i n e r s a n d b o x e s * * * * * 74 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Pu l p , P a p e r , a n d P a p e r b o a r d M i l l s Co n v e r t e d P a p e r P r o d u c t M a n u f a c t u r i n g Fu r n i t u r e a n d F i x t u r e s Ma n u f a c t u r i n g , A s s e m b l y , an d P r o c e s s i n g (s e e l i s t i n g b e l o w ) * * Ho u s e h o l d a n d o f f i c e f u r n i t u r e * * * * * * * * Mi s c e l l a n e o u s f u r n i t u r e a n d f i x t u r e s * * * * * Pe t r o l e u m a n d C o a l P r o d u c t M a n u f a c t u r i n g , As s e m b l y , a n d P r o c e s s i n g 49 * Pr i n t i n g a n d P u b l i s h i n g E s t a b l i s h m e n t s Ma n u f a c t u r i n g , A s s e m b l y , a n d P r o c e s s i n g 50 * * * * * * * * * Ru b b e r a n d P l a s t i c P r o d u c t s M a n u f a c t u r i n g , As s e m b l y , a n d P r o c e s s i n g ( s e e l i s t i n g b e l o w ) Mi s c e l l a n e o u s p l a s t i c p r o d u c t s ; e. g . , p l a s t i c p i p e , p a c k a g i n g m a t e r i a l s , et c M a n u f a c t u r i n g . Ru b b e r a n d p l a s t i c f o o t w e a r * * * * * Ru b b e r a n d p l a s t i c h o s e a n d be l t i n g M a n u f a c t u r i n g * * * * Ti r e M a n u f a c t u r i n g * Re c y c l i n g a n d R e c y c l a b l e M a t e r i a l s Ma n u f a c t u r i n g , A s s e m b l y , a n d P r o c e s s i n g 51 * * *                                                                                                                        49  Th i s  wo u l d  in c l u d e  re f i n e r i e s ,  as p h a l t  pl a n t s ,  as p h a l t  pa v i n g / r o o f i n g  ma t e r i a l s ,  lu b r i c a t i n g  oi l / g r e a s e  ma n u f a c t u r i n g ,  et c .    St a f f  is  no t  cu r r e n t l y  re c o m m e n d i n g  th e  us e s  be  pe r m i t t e d .   50  Th i s  wo u l d  in c l u d e  ‘Pr i n t i n g  & Li t h o g r a p h y ’ as  de t a i l e d  in  th e  ex i s t i n g  ge n e r a l  us e  zo n i n g  di s t r i c t  li s t .   51  We  ha v e  an  ex i s t i n g  re c y c l a b l e  ma t e r i a l s  op e r a t i o n  of f  of  Mt .  He r m o n  Ch u r c h  Ro a d  in  th e  EN O  ED D  pe r m i t t e d  as  a co n t r a c t o r / m i s c e l l a n e o u s  ma n u f a c t u r i n g  la n d  us e .    St a f f  is  in c l u d i n g  a specific reference to this activity to ensure they remain a permitted operation.  75 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) St o n e , G l a s s , C l a y , a nd C o n c r e t e P r o d u c t s Ma n u f a c t u r i n g , A s s e m b l y , a n d P r o c e s s i n g (s e e li s t i n g b e l o w ) Cu t s t o n e p r o d u c t s * C# * C# * Fl a t g l a s s * * * * * Gl a s s a n d g l a s s w a r e * * * * * Po t t e r y a n d r e l a t e d p r o d u c t s * * * * Se p t i c T a n k C o m p o n e n t s 52 * * Te x t i l e M i l l s M a n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g Tr a n s p o r t a t i o n E q u i p m e n t Ma n u f a c t u r i n g , As s e m b l y , a n d P r o c e s s i n g (s e e l i s t i n g b e l o w ) Ae r o s p a c e P r o d u c t a n d P a r t Ma n u f a c t u r i n g * * * * * * Mi s c e l l a n e o u s t r a n s p o r t a t i o n Eq u i p m e n t M a n u f a c t u r i n g ; e . g . , mo t o r v e h i c l e c o m p o n e n t s a n d p a r t s , t r a i l e r s * * * * Mi l i t a r y , A r m o r e d V e h i c l e , a n d C o m p o n e n t As s e m b l y a n d M a n u f a c t u r i n g Mo t o r c y c l e s , b i c y c l e s , a n d p a r t s Ma n u f a c t u r i n g a n d A s s e m b l y * * * * Mo t o r V e h i c l e M a n u f a c t u r i n g an d A s s e m b l y * Ra i l r o a d C a r , T r a c k a n d C o m p o n e n t Ma n u f a c t u r i n g a n d A s s e m b l y *                                                                                                                        52  We  ha v e  an  ex i s t i n g  se p t i c  ta n k  co n s t r u c t i o n  bu s i n e s s  of f  of  Mt .  He r m o n  Ch u r c h  Ro a d  in  th e  EN O  ED D  pe r m i t t e d  as  a co n t r a c t o r / c o n c r e t e  pr o d u c t  ma n u f a c t u r i n g  op e r a t i o n .    St a f f  is including a specific reference to this activity to ensure they remain a permitted  op e r a t i o n .   76 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Sh i p a n d B o a t B u i l d i n g Ma n u f a c t u r i n g a n d A s s e m b l y * Wo o d P r o d u c t M a n u f a c t u r i n g , A s s e m b l y a n d Pr o c e s s i n g ( s e e l i s t b e l o w ) Sa w m i l l s ~ ^ * * Ve n e e r , P l y w o o d , a n d En g i n e e r e d W o o d P r o d u c t * Mi s c e l l a n e o u s M a n u f a c t u r i n g , A s s e m b l y , a n d Pr o c e s s i n g I n d u s t r i e s ( s e e l i s t i n g b e l o w ) Je w e l r y a n d s i l v e r w a r e * * * * * * * Mi s c e l l a n e o u s m a n u f a c t u r i n g i n d u s t r i e s ; e . g . , co s t u m e j e w e l r y , n o v e l t i e s , b u t t o n s , e t c . * * * * * * Mu s i c a l i n s t r u m e n t s * * * * * * * Sa w m i l l s 53 Re s e a r c h a n d M a n u f a c t u r i n g F a c i l i t y * * * * * * Pe n , p e n c i l s , o f f i c e , a n d a r t i s t s u p p l i e s * * * * * To y s , s p o r t i n g , a n d a t h l e t i c g o o d s * * * * * * * Ma n u f a c t u r i n g , A s s e m b l y , a n d P r o c e s s i n g I n d u s t r i e s – U s e s n o t L i s t e d H e r e i n ! A A A A A                                                                                                                            53  Mo v e d  to  th e  Wo o d  Pr o d u c t  Ma n u f a c t u r i n g ,  As s e m b l y ,  an d  Pr o c e s s i n g  la n d  us e  ca t e g o r y .   77 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CONDITIONAL USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) MED I C A L USE S He a l t h S e r v i c e s ~ 54 , 55 * * * * * * * * * * * * * * * * He a l t h S e r v i c e s : O v e r 1 0 , 0 0 0 S q . F t . ~ * * He a l t h S e r v i c e s : U n d e r 1 0 , 0 0 0 S q . F t . * * * * * Ho s p i t a l s ~ * * * Me d i c a l a n d D i a g n o s t i c L a b o r a t o r i e s * * * * * * * Me t a l H e a l t h a n d S u b s t a n c e A b u s e C e n t e r s A A * Ve t e r i n a r y C l i n i c B * * * * * * * * * * C # C # * * Ve t e r i n a r y C l i n i c , m o b i l e B B * * * * * * * * * * * * Ve t e r i n a r y H o s p i t a l s * * * * * * * * * Me d i c a l U s e s – U s e s N o t L i s t e d H e r e i n ! A A A A A *                                                                                                                            54  Re s t r i c t i o n s / l i m i t s  on  fl o o r  ar e a  in  gi v e n  di s t r i c t s  ar e  be i n g  mo v e d  to  Se c t i o n  5. 1 6  of  th e  UD O .    Re v i s i o n  is  co n s i s t e n t  wi t h  pr o p o s e d  fo r m a t t i n g  fo r  th e  re g u l a t i o n  of  of f i c e  an d  retail land uses as well.  55  He a l t h  Se r v i c e s  in c l u d e s  do c t o r ’ s  of f i c e s ,  sp e c i a l i s t s ,  et c .  th a t  ha v e  al s o  be e n  ca t e g o r i z e d  as  be i n g  al l o w e d  wi t h i n  th e  Of f i c e  & Pe r s o n a l  Se r v i c e s  la n d  us e  ca t e g o r y  wi t h i n  th e  Co m m e r c i a l  permitted use list currently contained within Section 5.2.1 of the UDO.  Staff’s  in t e n t i o n  is  to  el i m i n a t e  th e  Of f i c e s  an d  Pe r s o n a l  Se r v i c e s  la n d  us e  ca t e g o r y  al t o ge t h e r  an d br e a k d o w n  al l o w a b l e  la n d  us e s  wi t h i n  th e  re v i s e d  fr a m e w o r k  de t a i l e d  he r e i n .   78   TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) REC R E A T I O N A L Bo t a n i c a l G a r d e n s & A r b o r e t u m s * * * * * * * * * * * * * * * * * * * * Ca m p / R e t r e a t C e n t e r ! B B B * Go l f C o u r s e ! A A A A A A A A A A A A A A A A A Go l f D r i v i n g a n d P r a c t i c e R a n g e s ! B * * * * * Gu e s t R a n c h ! * * Pa r k s , P u b l i c * * * * * * * * * * * * * * * * * * * * Ra c e T r a c k ( m o t o r i z e d , e t c . ) a n d G o - K a r t T r a c k Fa c i l i t i e s ! * Re c r e a t i o n a l F a c i l i t i e s ! B B B B B B B B B B B * * B * * * * Th e a t e r !56 * * * *57 C#*58 * * * * * * * Re c r e a t i o n a l – U s e s N o t L i s t e d H e r e i n ! A A A                                                                                                                            56  St a f f  is  pr o p o s i n g  to  co m b i n e  se v e r a l ,  ex i s t i n g ,  ca t e g o r i e s  de a l i n g  wi t h  a th e a t e r  (i . e .  mo v i e ,  pe r f o r m i n g  ar t s  ce n t e r ,  mu s i c  ha l l ,  et c . )  in t o  a ce n t r a l  la n d  us e  ty p e .   57  St a f f  is  re c o m m e n d i n g  th e  us e  be  de l e t e d  fr o m  th e  ED B ‐1 ge n e r a l  us e  di s t r i c t  to  be  co n s i s t e n t  wi t h  al l o w a n c e s  in  th e  ED E ‐1 ge n e r a l  us e  di s t r i c t .   58  Th e  re c o m m e n d a t i o n  is  th a t  th i s  be  ch a n g e s  fr o m  a Co n d i t i o n a l  Us e  to  a pe r m i t t e d  us e  to  en s u r e  co n s i s t e n c y  wi t h  th e  va r i o u s  ec o n o m i c  de v e l o p m e n t  di s t r i c t s .   79 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) RES I D E N T I A L Ca m p g r o u n d Wi t h R e c r e a t i o n a l V e h i c l e * Wi t h o u t R e c r e a t i o n a l V e h i c l e s * Dw e l l i n g ; M o b i l e H o m e * * * * * * * * * * * * Dw e l l i n g ; M u l t i p l e F a m i l y * * * * * * * * * Dw e l l i n g ; S i n g l e - F a m i l y * * * * * * * * * * * * * * * Dw e l l i n g ; T w o - F a m i l y * * * * * * * * * * * * * Fa m i l y C a r e H o m e * * * * * * * * * * * * * * Gr o u p C a r e F a c i l i t y B B B B B B B B B B B B B B * He a l t h a n d P e r s o n a l C a r e F a c i l i t y 59 * * * * * * Re c r e a t i o n a l V e h i c l e Re h a b i l i t a t i v e C a r e F a c i l i t y * * * * * Re s i d e n t i a l H o t e l ( F r a t e r n it i e s , S o r o r i t i e s , a n d Do r m i t o r i e s ) ~ A A A A A Ro o m i n g H o u s e * * * * Te m p o r a r y R e s i d e n t i a l U n i t Mo b i l e H o m e ( f o r oc c u p a n c y d u r i n g c o n s t r u c t i o n o f p e r m a n e n t re s i d e n t i a l u n i t a n d f o r 3 0 d a y s a f t e r i s s u a n c e o f Ce r t i f i c a t e o f C o m p l i a n c e ) 60 * * * * * * * * * * * Or p h a n a g e 61                                                                                                                         59  A pr o p o s e d  ne w  la n d  us e  in c o r p o r a t i n g  nu r s i n g  ho m e ,  as s i s t e d  li v i n g  fa c i l i t i e s ,  et c .    St a f f  is  re c o m m e n d i n g  th e  ad o p t i o n  of  ne w  la n d  us e  de v e l o p m e n t  st a n d a r d s  in  Se c t i o n  5. 5  and a new definition in Article 10.  60  Te m p o r a r y  un i t s  ar e  re g u l a t e d  in  ac c o r d a n c e  wi t h  th e  pr o v i s i o n s  of  Se c t i o n  5. 4 . 4  of  th e  UD O .    St a f f  is  re c o m m e n d i n g  ma k i n g  sp e c i f i c  re f e r e n c e ( s )  in  th e  pe r m i t t e d  us e  ta b l e .   61  St a f f  re m e m b e r s  di s c u s s i o n  at  a re c e n t  OR C  me e t i n g  wh e r e  a Pl a n n i n g  Bo a r d  me m b e r  as k e d  ho w  we  wo u l d  tr e a t  an  or p h a n a g e .    We  di d  no t  ha v e  a vi a b l e  re s p o n s e .    As  a re s u l t  staff is recommending including the use as part of the permitted use table revision.  80 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) RET A I L 62 Co u n t r y S t o r e ! * * * * * Re t a i l T r a d e , S a l e s , a n d R e n t a l o f D u r a b l e a n d Co n v e n i e n c e G o o d s , M e r c h a n d i s e , a n d E q u i p m e n t In c l u d i n g M a i l O r d e r H o u s e s O c c u r r i n g : In a S e p a r a t e F r e e - s t a n d i n g B u i l d i n g * * * * * * 63 C#*64 * * * In a S e r v i c e B u i l d i n g , C o u r t / P l a z a , or a n E n c l o s e d M a l l * * * * * * * * *                                                                                                                            62  Th i s  is  go i n g  to  co m b i n e  th e  ‘C o m m e r c i a l ’  la n d  us e  ca t e g o r y  co n t a i n e d  in  Se c t i o n  5. 2 . 1  an d  th e  ‘R e t a i l ’  ca t e g o r y  co n t a i n e d  in  Se c t i o n  5. 2 . 2  of  th e  UD O .   63  Re c o m m e n d  de l e t i o n  of  re t a i l  us e s  in  th e  ED B ‐1 lo w  in t e n s i t y  ge n e r a l  us e  di s t r i c t  to  en s u r e  co n s i s t e n c y  wi t h  th e  ED E ‐1 di s t r i c t .   64  St a f f  is  re c o m m e n d i n g  th i s  be c o m e  a pe r m i t t e d  us e  to  en s u r e  co n s i s t e n c y  wi t h  th e  ED E ‐1 di s t r i c t .   81 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) SER V I C E S Be a u t y a n d / o r B a r b e r S h o p * * * * * * * Bo d y A r t ( T a t t o o , B o d y P i e r c i n g , e t c . ) * Bi c y c l e R e p a i r / S e r v i c e * * * * * * * * Ca r W a s h * * * * Ca f é / C o f f e e S h o p * * * * * * * * * Ce m e t e r y ! B *B65 B B B B B B B Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l ; o r U n i o n Cl u b h o u s e s * * * * * * * * * * * * C# * C# C# * C# * * Co m m u n i t y C e n t e r s !66 B B B B B B B B B * * * * * A A A A * * Cr e m a t o r i a 67 * * * * Da y S p a * * * * * * * Di e t / W e i g h t L o s s C e n t e r s * * * * * * * Fu n e r a l H o m e ! * * * 68 * * Ga r d e n C e n t e r ! * * * * * * * Ho t e l / M o t e l * * * * Ju n k y a r d / S a l v a g e Y a r d ! A A A Ke n n e l , C l a s s I I ! B B B B B B * La u n d r y a n d D r y C l e a n i n g S e r v i c e s * Ma s s a g e ! *                                                                                                                        65  A ce m e t e r y  is  cu r r e n t  li s t e d  as  a ‘p e r m i t t e d  us e ’  of  pr o p e r t y  wi t h i n  th e  AR  ge n e r a l  us e  zo n i n g  di s t r i c t  ye t  it  is  re q u i r e d  to  ob t a i n  a Cl a s s  B Sp e c i a l  Us e  Pe r m i t  in  ot h e r  re s i d e n t i a l  districts.  Staff is proposing to amend the table and require a Special Use Permit for a  ce m e t e r y ,  as  a pr i n c i p a l  us e  of  pr o p e r t y, in  th e  AR  di s t r i c t .   66  Mo v e d  fr o m  th e  Mi s c e l l a n e o u s  la n d  us e  ca t e g o r y    67  Ex i s t i n g  la n d  us e  un d e r  th e  Mi s c e l l a n e o u s   la n d  us e  ca t e g o r y  be i n g  mo v e d .   68  St a f f  is  pr o p o s i n g  to  al l o w  a fu n e r a l  ho m e  wi t h  on ‐si t e  cr e m a t o r i a  fa c i l i t i e s  to  de v e l o p  in  th e  id e n t i f i e d  in d u s t r i a l  di s t r i c t s .   82 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Na i l S a l o n s * * * * * * Ni g h t c l u b s , B a r s , a n d P u b s ! * * * * * * * * * * Pr o f e s s i o n a l O f f i c e s ! * * * * * * * Re p a i r S e r v i c e s – C l o t h i n g ! * * * * * * Re p a i r S e r v i c e s - E l e c t r o n i c a n d A p p l i a n c e ! * * * * * * Re p a i r S e r v i c e s – P e r s o n a l a n d H o u s e h o l d G o o d s ot h e r t h a n A p p l i a n c e s ! * * * * * * Re s t a u r a n t s ! 69 * * * * * * * * Re l i g i o u s F a c i l i t y ! 70 * * Ru r a l G u e s t E s t a b l i s h m e n t – B e d a n d B r e a k f a s t ! * * Ru r a l G u e s t E s t a b l i s h m e n t – B e d a n d B r e a k f a s t I n n ! * * Ru r a l G u e s t E s t a b l i s h m e n t – C o u n t r y I n n ! * * Se x u a l l y O r i e n t e d B u s i n e s s e s ! * * St o r a g e o f G o o d s ! * * * * * * * * Ta n n i n g S a l o n * * * * * * * * Ta x i d e r m y ! * To u r i s t H o m e * * * * Se r v i c e – U s e s N o t L i s t e d H e r e i n ! A A A A A A                                                                                                                            69  Af t e r  co n f e r r i n g  wi t h  th e  Co u n t y ’ s  At t o r n e y  of f i c e ,  st a f f  ha s  ta k e n  th e  ad v i c e  of  co m b i n i n g  th e  3 ex i s t i n g ,  in d i v i d u a l ,  re s t a u r a n t  la n d  us e s  in t o  on e  ce n t r a l  ca t e g o r y .    Re g u l a t i o n s  governing the type of allowable restaurant facility (i.e. carry‐out, with/without drive‐ th r u ,  et c . )  wi l l  be  lo c a t e d  in  a re v i s e d  Se c t i o n  5. 1 6 . 6  of  th e  UD O .   70  Th i s  is  a ne w  la n d  us e  ca t e g o r y  to  ca p t u r e  pl a c e s  of  wo r s h i p  wi t h o u t  us i n g  th e  te r m  ‘c h u r c h ’ .      83 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) TEL E C O M M U N I C A T I O N S Te l e c o m m u n i c a t i o n T o w e r – S t e a l t h ( 7 5 f e e t o r sh o r t e r ) ! * * * * * * * * * * * * * * * * * * * * * * * Te l e c o m m u n i c a t i o n T o w e r s ( Ov e r 7 5 7 6 f e e t an d un d e r 2 0 0 t o 1 9 9 fe e t ) ! 71 B B B B B B B B B B B B B B B B B B B B B * * Te l e c o m m u n i c a t i o n T o w e r s ( 2 0 0 f e e t a n d h i g h e r ) ! A A A A A A A A A A A A A A A A A A A A A * *                                                                                                                            71  St a f f  is  cl a r i f y i n g  ex i s t i n g  la n g u a g e  to  be  co n s i s t e n t  wi t h  ad v i c e  fr o m  th e  Co u n t y ’ s  At t o r n e y  Of f i c e .   84 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) TEM P O R A R Y USE S Bu i l d i n g s , P o r t a b l e B B B B B B B B B B B B B B * Ya r d S a l e !72 * * * * * * * * * Te m p o r a r y F u n d R a i s i n g A c t i v i t y ! 73 * * * * *                                                                                                                            72  Se c t i o n  5. 4 . 1  of  th e  UD O  in d i c a t e s  a ‘y a r d  sa l e ’  sh a l l  be  pe r m i t t e d  in  ac c o r d a n c e  wi t h  th e  ta b l e  of  pe r m i t t e d  us e s .    Th e  us e ,  ho w e v e r ,  is  no t  li s t e d  an y w h e r e .    St a f f  is  re c o m m e n d i n g  we include references within the Temporary Uses land use category to address the  ov e r s i g h t .   73  Th e r e  is  a si m i l a r  is s u e s  wi t h  te m p o r a r y  fu n d r a i s i n g  ac t i v i t i e s .    Se c t i o n  5. 4 . 2  in d i c a t e s  su c h  ac t i v i t y  sh a l l  be  pe r m i t t e d  in  ac c o r d a n c e  wi t h  th e  ta b l e  of  pe r m i t t e d  us e s ,  bu t  it  is  no t  listed anywhere.  Staff is recommending including references in the revised table to  ad d r e s s  th e  is s u e .   85 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) UTI L I T I E S 74 El e v a t e d W a t e r S t o r a g e T a n k s ! B B B B B B B B B B B B B B B B B B * * Pu b l i c U t i l i t y S t a t i o n s & Su b - S t a t i o n s , S w i t c h i n g St a t i o n s , T e l e p h o n e E x c h a n g e s , W a t e r & S e w a g e Tr e a t m e n t P l a n t s ! A A A A A A A A A A A A A A A A A A A A * * El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s ! B B B B B B B B B B B B B B B B B B B * * Wa t e r & S a n i t a r y S e w e r P u m p i n g * * * * * * * * * * * * * * * * * * * * * * So l a r A r r a y – L a r g e F a c i l i t y ! B B B B B B B B B B B B B B B B B B B * * So l a r A r r a y – P u b l i c U t i l i t y ! A A A A A A A A A A A A A A A A A A A * * Ut i l i t i e s U s e s N o t L i s t e d H e r e i n ! A A A A                                                                                                                            74  St a f f  is  ke e p i n g  re g u l a t i o n s  go v e r n i n g  th e  de v e l o p m e n t  of  ‘u t i l i t i e s ’  th e  sa m e  fo r  th e  ti m e  be i n g .    We  ar e  wo r k i n g  wi t h  th e  Co u n t y ’ s  At t o r n e y  Of f i c e  to  as c e r t a i n  if  we  ar e ,  in  fa c t ,  pre‐empted to require local permits for activities regulated by the State Utility  Co m m i s s i o n .   86 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) WAS T E MAN A G E M E N T La n d f i l l s ( 2 A c r e s o r M o r e ) ~ ! A A A A A A A La n d f i l l s ( L e s s T h a n 2 A c r e s ) ~ ! B B B B B B B Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c ~ ! A A A    87   TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) WHO L E S A L E TRA D E Wh o l e s a l e T r a d e – D u r a b l e G o o d s ( s e e l i s t b e l o w ) ~75 Wh o l e s a l e T r a d e - A u t o m o t i v e p a r t s a n d su p p l i e s ( I n a n e n c l o s e d b u i l d i n g ) * * * * * * * * * Wh o l e s a l e T r a d e - E l e c t r i c a l g o o d s * * * * * * * * * Wh o l e s a l e T r a d e - F u r n i t u r e a n d ho m e f u r n i s h i n g s * * * * * * * * * Wh o l e s a l e T r a d e - H a r d w a r e , p l u m b i n g , an d h e a t i n g e q u i p m e n t a n d s u p p l i e s * * * * * * * * * Wh o l e s a l e T r a d e - L u m b e r a n d ot h e r c o n s t r u c t i o n m a t e r i a l s * * * * * * * * * Wh o l e s a l e T r a d e - M a c h i n e r y , e q u i p m e n t , an d s u p p l i e s * * * * * * * * * Wh o l e s a l e T r a d e - S p o r t i n g , r e c r e a t i o n a l , ph o t o g r a p h i c , a n d ho b b y g o o d s ; t o y s a n d s u p p l i e s * * * * * * * * * Wh o l e s a l e T r a d e – N o n D u r a b l e G o o d s ( s e e l i s t be l o w ) ~ Wh o l e s a l e T r a d e - A p p a r e l a n d p i e c e g o o d s * * * * * * * * * Wh o l e s a l e T r a d e - B e e r , w i n e , a n d di s t i l l e d a l c o h o l i c b e v e r a g e s * * * * * * * * * Wh o l e s a l e T r a d e - G r o c e r i e s an d r e l a t e d p r o d u c t s * * * * * * * * * Wh o l e s a l e T r a d e - P a p e r an d p a p e r p r o d u c t s * * * * * * * * * Wh o l e s a l e T r a d e - P h a r m a c e u t i c a l s an d c o s m e t i c s * * * * * * * * * Wh o l e s a l e T r a d e U s e s – D u r a b l e a n d N o n - D u r a b l e – No t L i s t e d H e r e i n                                                                                                                         75  Wi t h i n  th e  ED D  di s t r i c t s  Wh o l e s a l e  Tr a d e  is  br o k e n  do w n  in t o  ‘D u r a b l e ’  an d  ‘N o n ‐du r a b l e ’  go o d s .    St a f f  is  in c o r p o r a t i n g  th i s  ex i s t i n g  la n g u a g e  in t o  th e  re v i s e d  ta b l e .   88 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STA N D A R D S C= CO N D I T I O N A L USE (REZONING & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL ZONING RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PI D ED B - 1 EDB-2 EDE-1 EDE-2 EDH-1 EDH-2 EDH-3 EDH-4 EDH-5 ASE-CZ MPD-CZ HP-CZ REDA-CZ-1 ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S . T . O . L ~ ! A A A A A A As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 * * * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 * * * * Ce m e t e r y 76 B * B B B B B B B Ch u r c h 76 * * * * * * * * * * * * * * * * * * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n Cl u b h o u s e s 76 * * * * * * * * Co m m u n i t y C e n t e r 76 B B B B B B B B B * * * * Cr e m a t o r i a ~ 76 * * * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e ! A A A * * Ke n n e l s , C l a s s I * * * * * * Re s e a r c h a n d M a n u f a c t u r i n g F a c i l i t y 77 * * * * Re s e a r c h F a c i l i t y ~ 77 * * * * * * * Re s e a r c h L a n d s & I n s t a l l a t i o n s ! , No n - p r o f i t * * * * Ru r a l H e r i t a g e M u s e u m ! B B B B B * Ru r a l S p e c i a l E v e n t s ^ ! * * * * * Sp e c i a l E v e n t s ( L e s s t h a n 1 5 0 ) * * *                                                                                                                         76  Mo v e d  to  th e  ne w  Se r v i c e s  la n d  us e  ca t e g o r y .   77  Mo v e d  to  th e  ne w  Ma n u f a c t u r i n g ,  As s e m b l y ,  an d  Pr o c e s s i n g  la n d  us e  ca t e g o r y .   89 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-16 (4) Failure to submit the certification or failure to make said corrections required shall be cause to withhold the issuance of a Certificate of Compliance/Occupancy. (C) If a manufactured home is placed within Zone AE and the elevation of the chassis is more than 36 inches in height, an engineered foundation certification is required per Section 6.6.1(B)(3). (D) If a watercourse is to be altered or relocated, the following shall be submitted by the permit applicant prior to issuance of a floodplain development permit: (1) A description of the extent of watercourse alteration or relocation; (2) An engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and (3) A map, drawn to scale, showing the location of the proposed watercourse alteration or relocation. (E) Certification Exemptions The following structures, if located within Zone AE, are exempt from the elevation/flood proofing certification requirements specified in items (A) and (B) above: (1) Recreational vehicles meeting requirements of Section 6.6.1(B)(5); (2) Temporary structures meeting requirements of Section 6.6.1(B)(7); and (3) Accessory Structures with any dimension that is 12 feet or greater in height, width, or depth, meeting requirements of Section 6.6.1(B)(8). SECTION 2.7: SPECIAL USE PERMITS 2.7.1 Generally (A) Any use or development designated by applicable zoning district regulations contained within Article 5 as a special use, or as allowed only pursuant to a special use permit (either Class A or Class B), may be established in that district only after the use or development is authorized by a validly issued and recorded special use permit. (B) This section sets forth required review and approval procedures for submittal, review, and approval of applications for special use permit. (C) A special use permit authorizes its holder to use or develop a particular parcel of land in a particular way, as specified by the terms and conditions of the special use permit. (D) A special use permit imposes on its holder the responsibility of ensuring that the authorized use or development continues to comply with the terms and conditions of approval. (E) Issuance of a special use permit does not relieve the holder of the special use permit of the additional responsibility of obtaining a building permit or any other permit or approval required by any other applicable law. 2.7.2 Review and Approval Flow Chart The review and approval process for Special Use Permits is shown in the procedure’s flowchart. 2.7.3 Application Requirements (A) Applications for a Special Use shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (B) Applications shall include: (1) A full and accurate description of the proposed use, including its location, appearance, and operational characteristics. 90 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-17 (2) The name(s) and address(es) of the owner(s) of the property involved. (3) Relevant information needed to show compliance with the general and specific standards governing the Special Use (See Articles 5 and 6). (4) For Class A Special Uses 26 copies of the site plan, and for Class B Special Uses 10 copies of the site plan, prepared by a registered North Carolina land surveyor, landscape architect, architect, or engineer, which shall contain the information listed in Section 2.5. (5) If the application involves a Preliminary Subdivision Plat, 26 copies of the Plat prepared in accordance with Section 7.14 shall be provided. Note: This chart is meant as a graphical representation of the UDO text; the text shall take priority in any conflict or ambiguity. Application Submittal Class B SUP: Schedule NIM, DAC & Board of Adjustment quasi- judicial hearing Class A SUP: Schedule NIM, DAC, Planning Board meeting & BOCC quasi-judicial hearing BOCC decision Planning Board for review and recommendation Board of Adjustment decision Publish Legal Ad, Post Sign & Mail Notice for Public Hearing BOCC holds quasi- judicial hearing at quarterly public hearing Special Use Permit Neighborhood Information Meeting Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) Development Advisory Committee (DAC) Meeting Staff Review/ Analysis Begins BOA holds quasi- judicial hearing Post Sign & Mail Notice for Neighborhood Information Meeting (NIM) & Planning Board meeting Publish Legal Ad, Post Sign & Mail Notice for Public Hearing Development Advisory Committee (DAC) Meeting Neighborhood Information Meeting 91 Article 2: Procedures Section 2.7: Special Use Permits Orange County, North Carolina – Unified Development Ordinance Page 2-18 (6) A list of all parcels located within 500 one thousand1 feet of the subject parcel and the name and address of each property owner, as currently listed in the Orange County tax records. (7) Elevations of all structures proposed to be used in the development. (8) For Class A Special Uses 26 copies and for Class B Special Uses 10 copies of the Environmental Assessment and/or Environmental Impact Statement, if required by Section 6.16. (9) Method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity, which shall be by some method other than open burning. (10) Statement from the applicant indicating the anticipated development schedule for the build-out of the project. (11) Statement from the applicant in justification of any request for vesting for a period of more than two years (five years maximum). 2.7.4 Staff Review (A) The Planning Director shall cause an analysis to be made of the application by qualified representatives of the County and other agencies or officials as appropriate. (1) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification, as depicted on the Future Land Use Map of the adopted Comprehensive Plan, shall be forwarded to the County’s Agricultural Preservation Board for review and comment. (a) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (b) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE-CZ zoning district, as detailed within Section 5.2.3 of this Ordinance. (B) The Planning Director shall submit the analysis to the Board of County Commissioners and the Planning Board, in the case of Class A Special Uses, or the Board of Adjustment, in the case of Class B Special Uses. (C) The appropriate Board reviewing the application shall receive and enter the analysis into evidence during the public hearing. The analysis shall be subject to examination by all interested parties and the Planning Director shall be subject to cross-examination regarding the analysis. 2.7.5 Neighborhood Information Meeting (A) Before a Public Hearing may be held for a Special Use the applicant is required to schedule a minimum of one neighborhood information meeting. The purpose of the meeting is to obtain surrounding property owner input and comments on the proposed development project and allow staff an opportunity to explain the review process associated with the request. (B) The applicant shall obtain property owner mailing address information from the Orange County Planning Department, which shall utilize Orange County Land Records data, and shall mail 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 Special Use has been requested. 1 Staff is modifying existing language to be consistent with our advertising requirement, specifically that all  property owners within 1,000 of a parcel subject to a Special Use Permit application are notified of critical meeting  dates and times.   92 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts Orange County, North Carolina – Unified Development Ordinance Page 3-30 O/RM OFFICE / RESEARCH AND MANUFACTURING DIMENSIONAL AND RATIO STANDARDS Lot Size, min. (square feet) R [1] None NR NR-CU 5,000 PURPOSE Lot Width, min. (feet) R NR-CU None The purpose of the Office/Research and Manufacturing (O/RM) District is to provide locations for medium and high intensity office, service, research, and light manufacturing land uses in areas where urban services are available or are to be made available as part of the development process. This district is intended to provide for employment centers near transportation routes. NR 50 Front Setback from ROW, min. (feet) R NR - CU None NR 25 Side Setback, min. (feet) R None NR 10 [2] APPLICABILITY NR - CU None [2] This district will usually be applied where the following conditions exist: 1. Site is located in areas designated by the adopted Comprehensive Plan as Commercial Transition Activity Node or Commercial-Industrial Transition Activity Nodes. 2. Water and sewer mains are existing at the site or are to be made available during the development process. Rear Setback, min. (feet) R None NR 10 [2] NR - CU None [2] Height, max. (feet) 35 [3] DIMENSIONAL STANDARDS NOTES: [1] R = residential, NR = non-residential, CU = conditional use. [2] Required side and rear setbacks adjacent to residentially zoned land shall be equal to the required side or rear setback of the adjacent residential district. [3] Two feet of additional height shall be allowed for one foot increase of the required front and side setbacks. Floor Area Ratio, max. R - CU NR .40 NR-CU .45 Required Open Space Ratio, min. .55 Required Livability Space Ratio, min. R-CU .52 Required Recreation Space Ratio, min. R .111 R-CU .114 Gross Land Area, min./max. (square feet) R-CU 5,000/ none NR-CU 200,000/ none Required Pedestrian/Landscape Ratio, min. NR NR-CU .05 O/RM DISTRICT SPECIFIC DEVELOPMENT STANDARDS 1. Uses shall be restricted to those indicated for the O/RM District in Section 5.2, unless a Conditional Use (CU) or MPD-CZ District is approved (see Section 3.8). 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. See Sections 6.2.5 and 6.2.6 if more than one principal use or principal structure is proposed on a non-residential zoning lot. 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 93 Article 3: Base Zoning Districts Section 3.4: General Commercial Districts Orange County, North Carolina – Unified Development Ordinance Page 3-31 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. Additionally, Section 4.2.6 may require a larger lot size for non-residential uses than is contained in the Dimensional and Ratio Standards Table. 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 least 40,000 square feet. 6. Proposed subdivisions are subject to all applicable subdivision standards detailed in Article 7. Note that Article 7 provides for different dimensional requirements than those shown in the Dimensional and Ratio Standards table depending upon the type of subdivision proposed and the percentage of open space provided. 7. Subdivisions proposing private roads are subject to larger setbacks and minimum lot sizes than those listed in the Dimensional and Ratio Standards. Refer to Section 7.8.4 for additional requirements. Refer to Section 7.8.5 for private road standards. 8. Subdivisions in the Economic Development, Commercial and/or Industrial Nodes are subject to the procedure outlined in Section 2.16. 9. The site shall be located near major transportation corridors and have access to adequate public roadway network. 10. When the principal land use of property is from the Manufacturing, Assembly, and Processing land use category, as detailed in Section 5.2 of this Ordinance, additional land uses from the Financial Institutions, Services, and Retail land use categories are permitted to be located on the property in accordance with the following general standards: a. Submitted site plan shall identify the square footage of each structure by type and use. b. The principal use shall have previously been established on the subject parcel. c. Additional land use shall not exceed 25% of the total square footage of all structures on the site.2 2 This is revised language, currently located in Section 5.14.5, of the UDO being relocated.  Text is denoted in red  underline text denoting it as a ‘change’ due to the wholesale modification of same as part of the amendment  process.  94 Orange County, North Carolina – Unified Development Ordinance Page 5-1 ARTICLE 5: USES SECTION 5.1: ESTABLISHMENT OF USE REGULATIONS Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Table of Permitted Uses. 5.1.1 Prohibited Uses Uses of land or structures which are not expressly listed in the Table of Permitted Uses (Section 5.2), as Permitted Principal Uses, Permitted Accessory Uses or Special Uses in a district are prohibited and shall not be established within that district. 3 5.1.25.1.1 Uses Permitted As a Matter of Right Within all districts the following uses are permitted as a matter of right: (A) Above ground and buried utility lines for local distribution of electricity, telephone, and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. (B) Cabinetized telephone and/or fiber optic equipment associated with the local distribution of services. Setbacks from the right-of-way for such equipment may be reduced to 20 feet in the Agricultural Residential, Rural Residential and Rural Buffer zoning districts provided that the equipment is screened from view by landscape materials. (C) Bona fide farms. (D) Buildings and other temporary structures used in connection with the construction of a permanent building. (See Section 5.4.4). (E) Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way (State, City or Town). (F) Off street parking as a required accessory use to a permitted use. (G) Public and private streets and roads. Railroad rights of way. (H) Water and sanitary sewer lines, gas and liquid fuel distribution lines. (I) Telephone exchanges (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (See Section 5.9.1). (J) Electrical substations, switching and metering stations and associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv). (See Section 5.9.2). (K) Solid waste collection facilities owned and operated by a public agency for the purpose of disposal of household waste by Orange County residents. (See Section 5.11.1). (L) Borrow pits (including reclamation by landfilling) associated with a State or Federal highway project. (See Section 5.12.1). 5.1.35.1.2 Special Uses (A) It is the intention of the Board of County Commissioners to create, and from time to time amend, a list of Special Uses within the Table of Permitted Uses which, because of their inherent nature, extent and external effects, require special care in the control of their location and methods of operation. (B) The Board of County Commissioners is aware of its responsibility to protect the public health, safety and general welfare and believe that certain uses which now or in the future may be included on this list are appropriately handled as Special Uses, subject to 3 Language is being relocated to a new section.  95 Article 5: Uses Section 5.1: Establishment of Use Regulations Orange County, North Carolina – Unified Development Ordinance Page 5-2 review in relation to general and specific requirements, rather than as uses permitted by right. (C) In addition to the listing of such uses, the Board of County Commissioners intends that the general standards and the more specific requirements established herein, shall be used by the Board of Adjustment, the Planning Board and the Board of County Commissioners, as appropriate, to direct deliberations upon application or the approval of Special Uses. (D) It is the express intent of the Board of County Commissioners to delineate the areas of concern connected with each Special Use and to provide standards by which applications for such Special Use shall be evaluated. (E) Establishment of Classes of Special Uses; Authority To Approve or Disapprove There are hereby established the following classes of Special Uses which shall be approved or disapproved as shown: (1) Class A - Approved or disapproved by Board of County Commissioners (2) Class B - Approved or disapproved by Board of Adjustment 5.1.45.1.3 Conditional Uses (A) The Board of County Commissioners is mindful of its responsibility to protect the public health, safety and general welfare of the residents of Orange County and intends to encourage development within the County consistent with that purpose. (B) The Board of County Commissioners also recognizes that certain uses are appropriate for development in Orange County but their location and site development specifics cannot be predetermined or regulated through the use of a general zoning district designation and conventional standards. (C) Conditional Uses and Conditional Use Districts are hereby established and shall be reviewed in accordance with the provisions of this Ordinance. (D) Permitted Uses (1) Any use listed as Permitted by Right or by Special Use Permit on the Table of Permitted Uses may be approved as a Conditional Use within a Conditional Use District, unless expressly excluded in Section 5.1.4(E) of this Ordinance. (2) Permitted uses are subject to all general and specific standards of approval for that use, as established within this Section. (E) Exclusions (1) Unless otherwise noted in Section 5.2, the following uses shall not be considered or approved as a Conditional Use District within the Commercial-Industrial Transition Activity Node or Economic Development Transition Activity Node land use classifications, as designated by the adopted Comprehensive Plan: (a) Airports, General Aviation, Heliports, S.T.O.L, (b) Class II Kennels, (c) Commercial Feeder Operation, (d) Composting Operation with grinding, (e) Crematoria, (f) Extraction of Earth Products, (g) Junkyards, (h) Landfills (less than 2 acres), (i) Landfills (2 acres or more), 96 Article 5: Uses Section 5.1: Establishment of Use Regulations Orange County, North Carolina – Unified Development Ordinance Page 5-4 (dd) Sawmills, (ee) Stables, Commercial (ff) Stockyards / Livestock Markets, (gg) Storage of Goods, Outdoor, (hh) Waste Management Facility; Hazardous & Toxic, and (ii) Wholesale Sales. 5.1.4 Key to Permitted Use Table 4 (A) An asterisk (*) indicates the use is permitted by right within the district. (B) An ‘A’ or ‘B’ Indicates that the use requires the issuance of a Special Use Permit by either the Board of Adjustment (B) or the Board of County Commissioners (A) in accordance with Section 2.7 of this Ordinance. (C) A ‘C’ indicates the use requires the issuance of a Conditional Use Permit in accordance with Section 2.9 of this Ordinance. (D) A tilde ‘~’ indicates the use may not be permitted as a Conditional Use District. For more information please refer to Section 5.1.3 (E) of this Ordinance. (E) A caret ‘^’ denotes identified use can be developed, even if there is an existing principal use, on a bona fide farm. For more information please refer to Section 6.2.5 of this Ordinance. (F) An exclamation mark ‘!’ indicates the use is required to abide by additional submittal and development standards as detailed within Article 5. 5 (G) A box with no marking(s) indicates the use is not permitted within the identified district.6 4 Information on what these symbols refer to is currently listed in the various tables.  Staff is creating a central  location for this information.  5 New symbol designed to identify those land uses where additional submittal and/or standards of evaluation are  applicable.  6 Language added to clarify what a unmarked box within the table of permitted uses signifies, specifically the land  use is not permitted in the general use zoning district.  97 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-5 SE C T I O N 5 . 2 : T A B L E O F P E R M I T T E D U S E S 5. 2 . 1 T a b l e o f P e r m i t t e d U s e s – G e n e r a l U s e Z o n i n g D i s t r i c t s 7 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) AGR I C U L T U R A L USE S Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y ~ * * * * Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , C o m m u n i t y ^ * * * * * * Ag r i c u l t u r a l S e r v i c e s U s e s * * Co l d S t o r a g e F a c i l i t y A * * * Co m m u n i t y F a r m e r s ’ M a r k e t ^ * * * * * * * Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g A Co m p o s t i n g O p e r a t i o n , w i t h g r i n d i n g ~ A Co o p e r a t i v e F a r m S t a n d ^ * * * * * Eq u e s t r i a n C e n t e r A Fa r m E q u i p m e n t R e n t a l , S a l e s a n d S e r v i c e ~ * * * * * Fa r m S u p p l y S t o r e * * * * * Fe e d M i l l ~ * * * Gr e e n h o u s e s w i t h O n P r e m i s e s S a l e s ^ * * * * * * Me a t P r o c e s s i n g F a c i l i t y , C o m m u n i t y ^ * * * * * * Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l ~ A No n - F a r m U s e o f F a r m E q u i p m e n t ^ * * * 7 Al l  ta b l e s  ha v e  be e n  co m b i n e d  in t o  a ce n t r a l  ta b l e .    Th i s  ne w  ta b l e  is  co n t a i n e d  in  a se p a r a t e  do c u m e n t  to  pr e s e r v e  th e  ne w  ta b l e ,  and existing UDO, page  la y o u t  fo r m a t .   98 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-6 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) St a b l e s , C o m m e r c i a l ~ B B B B B B St o c k y a r d s / L i v e s t o c k M a r k e t s ~ * CHI L D CAR E & EDU C A T I O N A L FAC I L I T I E S Ce n t e r i n a R e s i d e n c e f o r 3 t o 1 2 C h i l d r e n * * * * * * * * * * * * * * Ch i l d C a r e F a c i l i t i e s B B B B B B B B B * * * * * * Li b r a r i e s * * * * * No n - P r o f i t E d u c a t i o n a l C o o p e r a t i v e A Sc h o o l s : D a n c e , A r t & M u s i c * * * * * * Sc h o o l s : E l e m e n t a r y , M i d d l e & S e c o n d a r y A A A A A A A A A A Sc h o o l s : V o c a t i o n a l * * * * * Un i v e r s i t i e s , C o l l e g e s & I n s t i t u t e s * * * * * * COM M E R C I A L USE S Ba n k s & F i n a n c i a l I n s t i t u t i o n s * * * * * Be a u t y & B a r b e r S h o p s * * * * * Co u n t r y S t o r e * * * Dr i v e I n T h e a t e r s ~ * Fu n e r a l H o m e s ~ * * Ga r d e n C e n t e r * * * * * Ho t e l s & M o t e l s ~ * * * Ju n k y a r d s ~ A A A Ke n n e l s , C l a s s I I ~ ^ B B B B B B La u n d r y & D r y C l e a n i n g S e r v i c e s * * * * * Ma s s a g e , B u s i n e s s o f * * 99 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-7 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Mi c r o b r e w e r y w i t h M i n o r E v e n t s ^ B B B B B Ni g h t c l u b s , B a r s , P u b s * * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 1 * * * * * * * * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 2 * * * * * * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 3 * * * * Re p a i r S e r v i c e E l e c t r o n i c & A p p l i a n c e * * * * Re s t a u r a n t s : C a r r y O u t * * * * Re s t a u r a n t s : D r i v e I n * * * Re s t a u r a n t s : G e n e r a l * * * * Re t a i l , C l a s s 1 * * * * * Re t a i l , C l a s s 2 * * * * Re t a i l , C l a s s 3 * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t ^ * * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t I n n ^ B B Ru r a l G u e s t E s t a b l i s h m e n t : C o u n t r y I n n ^ A A Se x u a l l y O r i e n t e d B u s i n e s s e s * * St o r a g e o f G o o d s , O u t d o o r ~ * * * * St o r a g e o r W a r e h o u s i n g : I n s i d e B u i l d i n g * * * * * * St u d i o ( A r t ) * * * * * * * * Ta x i d e r m y ^ B * * * * * To u r i s t H o m e * * * * Wh o l e s a l e T r a d e ~ * * * * * * * Wi n e r y w i t h M i n o r E v e n t s ^ B B B B B 100 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-8 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) EXT R A C T I V E USE S Ex t r a c t i o n o f E a r t h P r o d u c t s ~ A A A A A GOV E R N M E N T A L USE S Go v e r n m e n t a l F a c i l i t i e s & O f f i c e B u i l d i n g s * * * * * * * * * * * * * * * * * * Go v e r n m e n t a l P r o t e c t i v e S e r v i c e s ( P o l i c e & F i r e St a t i o n s ) R e s c u e S q u a d s , V o l u n t e e r F i r e De p a r t m e n t s * * * * * * * * * * * * * * * * * * Mi l i t a r y I n s t a l l a t i o n s ( N a t i o n a l G u a r d & R e s e r v e Ar m o r y ) ~ * * * * MAN U F A C T U R I N G , ASS E M B L Y & PRO C E S S I N G As s e m b l y a n d P a c k a g i n g O p e r a t i o n s I n c l u d i n g Di s t r i b u t i o n a n d M a i l O r d e r H o u s e s , B u t E x c l u d i n g On - P r e m i s e s R e t a i l O u t l e t s * * * * * In d u s t r i a l , H e a v y ~ * In d u s t r i a l , L i g h t ~ * * * * * In d u s t r i a l , M e d i u m ~ * * Mi c r o b r e w e r y , p r o d u c t i o n o n l y ^ B B * * * * Pr i n t i n g & L i t h o g r a p h y * * * * * * Sa w m i l l s ~ * Wi n e r y , p r o d u c t i o n o n l y ^ B B * * * * MED I C A L USE S He a l t h S e r v i c e s : O v e r 1 0 , 0 0 0 S q . F t . ~ * * He a l t h S e r v i c e s : U n d e r 1 0 , 0 0 0 S q . F t . * * * * * Ho s p i t a l s ~ * * Ve t e r i n a r y C l i n i c B * * * * * * * * * * 101 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-9 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Ve t e r i n a r y C l i n i c , m o b i l e B B * * * * * * * * * * Ve t e r i n a r y H o s p i t a l s * * * * * * * REC R E A T I O N A L USE S Bo t a n i c a l G a r d e n s & A r b o r e t u m s * * * * * * * * * * * * * * * * * * * Ca m p / R e t r e a t C e n t e r B B B Go l f D r i v i n g a n d P r a c t i c e R a n g e s B * * * Pa r k s , P u b l i c * * * * * * * * * * * * * * * * * * Re c r e a t i o n a l F a c i l i t i e s B B B B B B B B B B B * * B * * * Go l f C o u r s e A A A A A A A A A A A A A A A A A RES I D E N T I A L USE S Dw e l l i n g ; M o b i l e H o m e * * * * * * * * * * * Dw e l l i n g ; M u l t i p l e F a m i l y * * * * * * * * Dw e l l i n g ; S i n g l e - F a m i l y * * * * * * * * * * * * * Dw e l l i n g ; T w o - F a m i l y * * * * * * * * * * * * Fa m i l y C a r e H o m e * * * * * * * * * * * * * * Gr o u p C a r e F a c i l i t y B B B B B B B B B B B B B B Re h a b i l i t a t i v e C a r e F a c i l i t y * * * Re s i d e n t i a l H o t e l ( F r a t e r n it i e s , S o r o r i t i e s , a n d Do r m i t o r i e s ) ~ A A A A A Ro o m i n g H o u s e * * * * TEL E C O M M U N I C A T I O N S Te l e c o m m u n i c a t i o n T o w e r – S t e a l t h ( 7 5 f e e t o r sh o r t e r ) * * * * * * * * * * * * * * * * * * * * * 102 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-10 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Te l e c o m m u n i c a t i o n T o w e r s ( O v e r 7 5 f e e t a n d u n d e r 20 0 f e e t ) B B B B B B B B B B B B B B B B B B B B B Te l e c o m m u n i c a t i o n T o w e r s ( 2 0 0 f e e t a n d h i g h e r ) A A A A A A A A A A A A A A A A A A A A A TEM P O R A R Y USE S Bu i l d i n g s , P o r t a b l e B B B B B B B B B B B B B B Te m p o r a r y M o b i l e H o m e ( U s e d u r i n g co n s t r u c t i o n / i n s t a l l a t i o n o f p e r m a n e n t r e s i d e n t i a l u n i t an d f o r 3 0 d a y s f o l l o w i n g i s s u an c e o f C e r t i f i c a t e o f Oc c u p a n c y ) * * * * * * AUT O M O T I V E / TRA N S P O R T A T I O N Bu s P a s s e n g e r S h e l t e r * * * * * * * * * * * * * * * * * * * Bu s T e r m i n a l s & G a r a g e s ~ * * * * Mo t o r F r e i g h t T e r m i n a l s ~ * * * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r ( B o d y S h o p ) ~ * * * Mo t o r V e h i c l e R e p a i r G a r a g e ~ * * Mo t o r V e h i c l e S a l e s / R e n t a l ( N e w & U s e d ) * * * * * * * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * * * * * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e * * * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n ~ * * * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * * UTI L I T I E S El e v a t e d W a t e r S t o r a g e T a n k s B B B B B B B B B B B B B B B B B B Pu b l i c U t i l i t y S t a t i o n s & Su b - S t a t i o n s , S w i t c h i n g St a t i o n s , T e l e p h o n e E x c h a n g e s , W a t e r & S e w a g e Tr e a t m e n t P l a n t s A A A A A A A A A A A A A A A A A A A A 103 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-11 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s B B B B B B B B B B B B B B B B B B B Wa t e r & S a n i t a r y S e w e r P u m p i n g * * * * * * * * * * * * * * * * * * * * So l a r A r r a y – L a r g e F a c i l i t y B B B B B B B B B B B B B B B B B B B So l a r A r r a y – P u b l i c U t i l i t y A A A A A A A A A A A A A A A A A A A WAS T E MAN A G E M E N T La n d f i l l s ( 2 A c r e s o r M o r e ) ~ A A A A A A A La n d f i l l s ( L e s s T h a n 2 A c r e s ) ~ B B B B B B B Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c ~ A A A MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * * * * * * * * * * * * * * * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S . T . O . L ~ A A A A A A As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 * * Ce m e t e r y B * B B B B B B B Ch u r c h * * * * * * * * * * * * * * * * * * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n Cl u b h o u s e s * * * * * * * * Co m m u n i t y C e n t e r B B B B B B B B B * * * * Cr e m a t o r i a ~ * * * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e A A A Ke n n e l s , C l a s s I * * * * * * Re s e a r c h a n d M a n u f a c t u r i n g F a c i l i t y * * * * Re s e a r c h F a c i l i t y ~ * * * * * * * 104 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-12 TAB L E O F PER M I T T E D USE S – GEN E R A L USE ZON I N G DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE ∆ = SUB J E C T T O SPE C I A L STANDARDS USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S RB AR R1 R2 R3 R4 R5 R8 R1 3 LC 1 NC 2 CC 3 GC 4 EC 5 O/ RM AS EI I 1 I2 I3 PID ~ U s e m a y n o t b e p e r m i t t e d a s a C o n d i t i o na l U s e D i s t r i c t ; S e e S e c t i o n 5 . 1 . 4 ( E ) ^ A l l o w e d a s m o r e t h a n o n e p r i n c i p a l u s e i f lo c a t e d o n a b o n a f i d e f a r m ( s e e S e c t i o n 6 . 2 . 5 ) Re s e a r c h L a n d s & I n s t a l l a t i o n s , N o n - p r o f i t * Ru r a l H e r i t a g e M u s e u m B B B B B Ru r a l S p e c i a l E v e n t s ^ * * * Sp e c i a l E v e n t s ( L e s s t h a n 1 5 0 ) * * * 105 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-13 5. 2 . 2 Ta b l e o f P e r m i t t e d U s e s – E c o n o m i c D e v e l o p m e n t D i s t r i c t s TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n AGR I C U L T U R A L USE S An i m a l h o s p i t a l / v e t e r i n a r i a n C# C# * Ke n n e l , C l a s s I C# * Ke n n e l , C l a s s I I B B CON S T R U C T I O N Bu i l d i n g c o n t r a c t o r s * * Co n s t r u c t i o n ( S e c t o r 2 3 ) ( H i l l s b o r o u g h E D D o n l y ; al l a c t i v i t i e s m u s t b e w h o l l y w i t h i n bu i l d i n g ) * Pl u m b i n g , h e a t i n g , e l e c t r i c a l , a n d s i m i l a r t r a d e co n t r a c t o r s * * FIN A N C E Ba n k s , s a v i n g s a n d l o a n s , a n d c r e d i t u n i o n s * * * * Cr e d i t a g e n c i e s a n d i n s t i t u t i o n s * * * * Fi n a n c e & I n s u r a n c e ( S e c t o r 5 2 ) * * * In s u r a n c e c a r r i e r s a n d a g e n t s * * * * Re a l e s t a t e a g e n t s a n d b r o k e r s * * * * Se c u r i t y a n d c o m m o d i t y b r o k e r s , a n d i n v e s t m e n t of f i c e s * * * * GOV E R N M E N T USE S Go v e r n m e n t a l f a c i l i t i e s a n d o f f i c e b u i l d i n g s (I n c l u d i n g s o l i d w a s t e c o l l e c t i o n c e n t e r s ) * * * * * * * * * Go v e r n m e n t a l p r o t e c t i v e s e r v i c e s ( P o l i c e a n d f i r e st a t i o n s , r e s c u e s q u a d s , a n d v o l u n t e e r f i r e de p a r t m e n t s ) * * * * * * * * * 106 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-14 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n Pa r k s , p u b l i c a n d n o n - p r o f i t * * * * * * * * * Pu b l i c A d m i n i s t r a t i o n ( S e c t o r 9 2 ) * INF O R M A T I O N In f o r m a t i o n ( S e c t o r 5 1 ) * MAN U F A C T U R I N G , ASS E M B L Y & PRO C E S S I N G Ma n u f a c t u r i n g ( S e c t o r 3 1 - 3 3 ) ( H i l l s b o r o u g h E D D on l y ; a l l a c t i v i t i e s m u s t b e w h o l l y w i t h i n b u i l d i n g ) El e c t r o n i c E q u i p m e n t ( s e e l i s t i n g b e l o w ) • C o m m u n i c a t i o n s e q u i p m e n t * * • E l e c t r i c l i g h t i n g a n d w i r i n g e q u i p m e n t * * • E l e c t r i c t r a n s m i s s i o n a n d d i s t r i b u t i o n * * • E l e c t r i c a l i n d u s t r i a l a p p a r a t u s * * • E l e c t r o n i c c o m p o n e n t s a n d a c c e s s o r i e s * * • H o u s e h o l d a p p l i a n c e s * * • R a d i o a n d t e l e v i s i o n r e c e i v i n g e q u i p m e n t * * Fa b r i c a t e d M e t a l P r o d u c t s ( s e e l i s t i n g b e l o w ) • C u t l e r y a n d h a n d t o o l s * * • F a b r i c a t e d s t r u c t u r a l m e t a l p r o d u c t s * * • H e a t i n g e q u i p m e n t , e x c e p t e l e c t r i c a n d wa r m a i r ; a n d p l u m b i n g f i x t u r e * * • M e t a l c a n s a n d s h i p p i n g c o n t a i n e r s * * • N u t s , b o l t s , s c r e w s , r i v e t s , a n d w a s h e r s * * Fo o d P r o d u c t s ( s e e l i s t i n g b e l o w ) • B a k e r y * * 107 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-15 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n • B o t t l i n g p l a n t s * * • D a i r y * * • M i s c e l l a n e o u s f o o d p r e p a r a t i o n ; e . g . , co f f e e r o a s t i n g , c o n d i m e n t s , co n f e c t i o n a r y p r o d u c t s , e t c . * * In d u s t r i a l M a c h i n e r y ( s e e l i s t i n g b e l o w ) • E n g i n e s a n d t u r b i n e s * * • F a r m / g a r d e n m a c h i n e r y a n d e q u i p m e n t * * • G e n e r a l i n d u s t r i a l m a c h i n e r y a n d eq u i p m e n t ; e . g . , p u r i f i c a t i o n e q u i p m e n t , ba l l a n d r o l l e r b e a r i n g s , e t c . * * • M e t a l w o r k i n g m a c h i n e r y a n d e q u i p m e n t * * • O f f i c e , c o m p u t i n g , a n d a c c o u n t i n g ma c h i n e s * * • S p e c i a l i n d u s t r i a l m a c h i n e r y ; e . g . , t e x t i l e ma c h i n e r y * * In s t r u m e n t s ( s e e l i s t i n g b e l o w ) • M e a s u r i n g , a n a l y z i n g , a n d c o n t r o l l i n g in s t r u m e n t s * * • P h o t o g r a p h i c , m e d i c a l , a n d o p t i c a l g o o d s * * • W a t c h e s a n d c l o c k s * * Pa p e r P r o d u c t s ( s e e l i s t i n g b e l o w ) • C o n v e r t e d p a p e r a n d p a p e r b o a r d pr o d u c t s * * • P a p e r b o a r d c o n t a i n e r s a n d b o x e s * * Fu r n i t u r e a n d F i x t u r e s ( s e e l i s t i n g b e l o w ) • H o u s e h o l d a n d o f f i c e f u r n i t u r e * * 108 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-16 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n • M i s c e l l a n e o u s f u r n i t u r e a n d f i x t u r e s * * Ph a r m a c e u t i c a l P r o d u c t s * * Pr i n t i n g a n d P u b l i s h i n g E s t a b l i s h m e n t s * * Ru b b e r a n d P l a s t i c P r o d u c t s ( s e e l i s t i n g b e l o w ) • M i s c e l l a n e o u s p l a s t i c p r o d u c t s ; e . g . , pl a s t i c p i p e , p a c k a g i n g m a t e r i a l s , e t c . * * • R u b b e r a n d p l a s t i c f o o t w e a r * * • R u b b e r a n d p l a s t i c h o s e a n d b e l t i n g * * St o n e , G l a s s , C l a y , a n d C o n c r e t e P r o d u c t s ( s e e li s t i n g b e l o w ) • C u t s t o n e p r o d u c t s C# C# • F l a t g l a s s * * • G l a s s a n d g l a s s w a r e * * • P o t t e r y a n d r e l a t e d p r o d u c t s * * Tr a n s p o r t a t i o n E q u i p m e n t ( s e e l i s t i n g b e l o w ) • M i s c e l l a n e o u s t r a n s p o r t a t i o n e q u i p m e n t ; e. g . , m o t o r v e h i c l e c o m p o n e n t s * * • M o t o r c y c l e s , b i c y c l e s , a n d p a r t s * * Mi s c e l l a n e o u s M a n u f a c t u r i n g I n d u s t r i e s ( s e e li s t i n g b e l o w ) • J e w e l r y a n d s i l v e r w a r e * * • M i s c e l l a n e o u s m a n u f a c t u r i n g i n d u s t r i e s ; e. g . , c o s t u m e j e w e l r y , n o v e l t i e s , b u t t o n s , et c . * * • M u s i c a l i n s t r u m e n t s * * • P e n , p e n c i l s , o f f i c e , a n d a r t i s t s u p p l i e s * * 109 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-17 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n • T o y s , s p o r t i n g , a n d a t h l e t i c g o o d s * * REC R E A T I O N Ar t s , E n t e r t a i n m e n t & R e c r e a t i o n ( S e c t o r 7 1 ) * RES I D E N T I A L Dw e l l i n g , s i n g l e - f a m i l y * Dw e l l i n g , t w o - f a m i l y * Dw e l l i n g , m u l t i - f a m i l y ( 6 - 1 2 u n i t s p e r a c r e i n t h e Hi l l s b o r o u g h E D D ) * * * Dw e l l i n g , m u l t i - f a m i l y ( 6 + u n i t s p e r a c r e a s p a r t o f mi x e d u s e d e v e l o p m e n t ; m a x i m u m o f 2 5 % o f de v e l o p m e n t s q u a r e f o o t a g e ) * Dw e l l i n g , m u l t i - f a m i l y ( 6 + u n i t s p e r a c r e ) C# Dw e l l i n g , m o b i l e h o m e ( F o r r e p l a c e m e n t o f ex i s t i n g m o b i l e h o m e ) * Te m p o r a r y U s e o f a R e s i d e n t i a l M o b i l e H o m e * RET A I L Fa r m e q u i p m e n t s a l e s C# C# * Mo t o r v e h i c l e s e r v i c e s t a t i o n C# C# * Mo t o r v e h i c l e s , n e w a n d u s e d , s a l e s a n d r e n t a l C# C# * Ni g h t c l u b s , b a r s , a n d p u b s (O n l y a s a c c e s s o r y u s e t o h o t e l , m o t e l o r re s t a u r a n t ) * * * Re s t a u r a n t s ( c a r r y - o u t a n d g e n e r a l ) w h e n l o c a t e d in a s e r v i c e b u i l d i n g , c o u r t o r p l a z a , r e t a i l s t o r e , o r en c l o s e d m a l l c o n s i s t i n g o f m u l t i p l e u s e s * * * Re s t a u r a n t s ( c a r r y - o u t a n d g e n e r a l ) i n a s e p a r a t e , fr e e - s t a n d i n g b u i l d i n g * C# * 110 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-18 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n Re s t a u r a n t s ( d r i v e - i n ) i n a s e p a r a t e , f r e e - s t a n d i n g bu i l d i n g C# C# * Re t a i l T r a d e ( S e c t o r s 4 4 , 4 5 ; e x c l u d i n g S u b s e c t o r 45 4 N o n - s t o r e r e t a i l e r s ) ( O n l y H i l l s b o r o u g h E D D th r o u g h C o n d i t i o n a l U s e D i s t r i c t o r M P D - C Z ) Re t a i l t r a d e , s a l e s a n d r e n t a l o f d u r a b l e a n d co n v e n i e n c e g o o d s , m e r c h a n d i s e , a n d e q u i p m e n t , in c l u d i n g m a i l o r d e r h o u s e s , i n a s e p a r a t e , f r e e - st a n d i n g b u i l d i n g * C# * Re t a i l t r a d e , s a l e s a n d r e n t a l o f d u r a b l e a n d co n v e n i e n c e g o o d s , m e r c h a n d i s e , a n d e q u i p m e n t , in c l u d i n g m a i l o r d e r h o u s e s , w h e n l o c a t e d i n a se r v i c e b u i l d i n g , c o u r t o r p l a z a , o r e n c l o s e d m a l l co n s i s t i n g o f m u l t i p l e u s e s . * * * SER V I C E S Ac c o m m o d a t i o n a n d F o o d S e r v i c e ( S e c t o r 7 2 ) (E a t i n g a n d d r i n k i n g e s t a b l i s h m e n t s a r e p e r m i t t e d on l y a s a c c e s s o r y u s e t o h o t e l , m o t e l o r re s t a u r a n t ; H i l l s b o r o u g h E D D o n l y ) * * Ad m i n i s t r a t i v e & S u p p o r t S e r v i c e s ( S e c t o r 5 6 1 ) * * * * Ar t / p h o t o g r a p h i c s t u d i o s * C# * * As s e m b l y f a c i l i t y - 3 0 0 o r m o r e p e r s o n c a p a c i t y C# * As s e m b l y f a c i l i t y - l e s s t h a n 3 0 0 p e r s o n c a p a c i t y C# * Be a u t y a n d b a r b e r s h o p s * * * * Ch u r c h e s * * * * Cl u b s a n d l o d g e s , a n d s o c i a l , f r a t e r n a l , a n d u n i o n cl u b h o u s e s C# C# C# C# Co m m u n i t y c e n t e r A A A A Da y c a r e f a c i l i t y B B * * 111 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-19 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n Ed u c a t i o n a l S e r v i c e s ( S e c t o r 6 1 ) Fu n e r a l h o m e s C# C# * Go l f d r i v i n g a n d p r a c t i c e r a n g e s * * He a l t h C a r e & S o c i a l A s s i s t a n c e ( S e c t o r 6 2 ) * * * * He a l t h s e r v i c e s , i n c l u d i n g d o c t o r s a n d d e n t i s t s of f i c e s , a n d m e d i c a l a n d d e n t a l l a b o r a t o r i e s * * * * Ho t e l s a n d m o t e l s * C# * * * * In d o o r t h e a t e r s * C# * * * * La r g e d a y c a r e h o m e B * * La u n d r y , d r y c l e a n i n g , a n d s h o e r e p a i r s e r v i c e s * C# * * Li b r a r i e s * C# * * Ma n a g e m e n t o f C o m p a n i e s & E n t e r p r i s e s ( S e c t o r 53 ) * * * * Mo t o r v e h i c l e m a i n t e n a n c e a n d r e p a i r ( b o d y s h o p ) C# * Ot h e r o f f i c e s a n d p e r s o n a l s e r v i c e s ; e . g . , at t o r n e y s , w a t c h a n d j e w e l r y r e p a i r , c o m p u t e r pr o g r a m m i n g a n d d a t a p r o c e s s i n g , e m p l o y m e n t an d t r a v e l a g e n c i e s , a d v e r t i s i n g a g e n c i e s , a n d ac c o u n t i n g , e n g i n e e r i n g , a r c h i t e c t u r a l , a n d su r v e y i n g o f f i c e s * * * * Pr o f e s s i o n a l , S c i e n t i f i c & T e c h n i c a l S e r v i c e s (S e c t o r 5 4 ) * * * * Re c r e a t i o n a l f a c i l i t i e s B * B * Re p a i r s e r v i c e , e l e c t r o n i c a n d a p p l i a n c e C# C# * * Re s e a r c h f a c i l i t y * * Sc h o o l s , d a n c e , a r t , a n d m u s i c * C# * * 112 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-20 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n Sc h o o l s , e l e m e n t a r y , m i d d l e , a n d h i g h A A * Sc h o o l s , v o c a t i o n a l C# C# * Ot h e r S e r v i c e s ( H i l l s b o r o u g h E D D o n l y ) * * * TRA N S P O R T A T I O N Bu s t e r m i n a l s a n d g a r a g e s C# * Po s t a l a n d p a r c e l d e l i v e r y s e r v i c e s * * Ra i l / b u s p a s s e n g e r s h e l t e r * * * * * Su r f a c e a n d s t r u c t u r e p a r ki n g a s p r i n c i p a l u s e (W h e n a s s o c i a t e d w i t h a l o c a l o r r e g i o n a l tr a n s p o r t a t i o n g o a l s u c h a s m a s s t r a n s i t o r p a r k - an d - r i d e ) * * * Tr a n s p o r t a t i o n a n d W a r e h o u s i n g ( S e c t o r 4 8 , 4 9 ) * WHO L E S A L E TRA D E Wh o l e s a l e T r a d e ( S e c t o r 4 2 ) Du r a b l e G o o d s ( s e e l i s t i n g b e l o w ) * • A u t o m o t i v e p a r t s a n d s u p p l i e s ( I n a n en c l o s e d b u i l d i n g ) * * • E l e c t r i c a l g o o d s * * • F u r n i t u r e a n d h o m e f u r n i s h i n g s * * • H a r d w a r e , p l u m b i n g , a n d h e a t i n g eq u i p m e n t a n d s u p p l i e s * * • L u m b e r a n d o t h e r c o n s t r u c t i o n m a t e r i a l s * * • M a c h i n e r y , e q u i p m e n t , a n d s u p p l i e s * * • S p o r t i n g , r e c r e a t i o n a l , p h o t o g r a p h i c , a n d ho b b y g o o d s ; t o y s a n d s u p p l i e s * * No n - D u r a b l e G o o d s ( s e e l i s t i n g b e l o w ) 113 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-21 TAB L E O F PER M I T T E D USE S – ECO N O M I C DEV E L O P M E N T DIS T R I C T S * = PER M I T T E D USE A = CLA S S A SPE C I A L USE B = CLA S S B SPE C I A L USE C = CON D I T I O N A L USE (RE Z O N I N G & CLASS A SUP) USE TYP E GEN E R A L USE ZON I N G DIS T R I C T S BUC K H O R N ED D ENO ED D HIL L S B O R O U G H EDD ED B - 1 ED B - 2 ED E - 1 ED E - 2 ED H - 1 ED H - 2 ED H - 3 EDH-4 EDH-5 # S h a l l b e n o t e d o n Z o n i n g A t l a s a s “ Z o n i n g D i s t r i c t ” – C U ( e . g . , E D B - 2 - C U ) No t e : T h e H i l l s b o r o u g h E D D u t i l i z e s S e c t o r N u m b e r s a s D e f i n e d i n th e N o r t h A m e r i c a n I n d u s t r y C l a ss i f i c a t i o n S y s t e m ( N A I C S ) , 2 0 1 2 V e r s i o n • A p p a r e l a n d p i e c e g o o d s * * • B e e r , w i n e , a n d d i s t i l l e d a l c o h o l i c be v e r a g e s * * • G r o c e r i e s a n d r e l a t e d p r o d u c t s * * • P a p e r a n d p a p e r p r o d u c t s * * • P h a r m a c e u t i c a l s a n d c o s m e t i c s * * MIS C E L L A N E O U S Ac c e s s o r y u s e s * * * * * * * * * El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n l i n e s B B B B El e v a t e d w a t e r s t o r a g e t a n k (P e r m i t t e d a s a c c e s s o r y u s e w i t h o u t S p e c i a l U s e Pe r m i t ) B B B * * Hi s t o r i c b u i l d i n g s f o r n o n - r e s i d e n t i a l / m i x e d u s e A A A A Pu b l i c u t i l i t y s t a t i o n s a nd s u b - s t a t i o n s , s w i t c h i n g st a t i o n s , a n d t e l e p h o n e e x c h a n g e s A A A A * * Ra d i o a n d t e l e v i s i o n t r a n s m i t t i n g a n d r e c e i v i n g to w e r s B B B * So l a r A r r a y – L a r g e F a c i l i t y B B B B So l a r A r r a y – P u b l i c U t i l i t y A A A A St o r a g e a n d w a r e h o u s i n g , i n s i d e b u i l d i n g * * St o r a g e o f g o o d s , o u t d o o r s (A c c e s s o r y o n l y a n d s u b j e c t t o s c r e e n i n g ) * * Wa t e r a n d s a n i t a r y s e w e r p u m p i n g s t a t i o n s * * * * * * 114 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-22 5. 2 . 3 Ta b l e o f P e r m i t t e d U s e s – Co n d i t i o n a l Z o n i n g D i s t r i c t s TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z REDA-CZ-1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . AGR I C U L T U R A L USE S Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y ^ * * Ag r i c u l t u r a l P r o c e s s i n g F a c i l i t y , C o m m u n i t y * Ag r i c u l t u r a l S e r v i c e s U s e s * * Co l d S t o r a g e F a c i l i t y * * Co m m u n i t y F a r m e r s ’ M a r k e t * * Co m p o s t i n g O p e r a t i o n , n o g r i n d i n g * Co m p o s t i n g O p e r a t i o n , w i t h g r i n d i n g ^ * Co o p e r a t i v e F a r m S t a n d * * Eq u e s t r i a n C e n t e r * Fa r m E q u i p m e n t R e n t a l , S a l e s a n d S e r v i c e * Fa r m S u p p l y S t o r e * * Fe e d M i l l * * Gr e e n h o u s e s w i t h O n P r e m i s e s S a l e s * * Me a t P r o c e s s i n g F a c i l i t y , C o m m u n i t y * Me a t P r o c e s s i n g F a c i l i t y , R e g i o n a l ^ * No n - F a r m U s e o f F a r m E q u i p m e n t * St a b l e s , C o m m e r c i a l * * St o c k y a r d s / L i v e s t o c k M a r k e t s ^ * CHI L D CAR E & EDU C A T I O N A L FAC I L I T I E S Ce n t e r i n a R e s i d e n c e f o r 3 t o 1 2 C h i l d r e n Ch i l d C a r e F a c i l i t i e s * Li b r a r i e s * * 115 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-23 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z REDA-CZ-1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . No n - P r o f i t E d u c a t i o n a l C o o p e r a t i v e Sc h o o l s : D a n c e , A r t & M u s i c * Sc h o o l s : E l e m e n t a r y , M i d d l e & S e c o n d a r y * Sc h o o l s : V o c a t i o n a l * Un i v e r s i t i e s , C o l l e g e s & I n s t i t u t e s * COM M E R C I A L USE S Ba n k s & F i n a n c i a l I n s t i t u t i o n s * Be a u t y & B a r b e r S h o p s * * Co n s t r u c t i o n ( S e c t o r 2 3 ) * Co n t r a c t o r s , B u i l d i n g & T r a d e * * Co u n t r y S t o r e * * Fi n a n c e & I n s u r a n c e ( S e c t o r 5 2 ) * Fu n e r a l H o m e s * Ga r d e n C e n t e r w i t h O n P r e m i s e s S a l e s * * Ho t e l s & M o t e l s * In s u r a n c e C a r r i e r s & A g e n t s * Ju n k y a r d s Ke n n e l s , C l a s s I * Ke n n e l s , C l a s s I I * La u n d r y & D r y C l e a n i n g S e r v i c e s * Ma n a g e m e n t o f C o m p a n i e s & E n t e r p r i s e s ( S e c t o r 5 3 ) * Ma s s a g e , B u s i n e s s o f * Me t a l F a b r i c a t i o n S h o p * Mi c r o b r e w e r y w i t h M i n o r E v e n t s * * Mi c r o b r e w e r y w i t h M a j o r E v e n t s ^ * * 116 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-24 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z REDA-CZ-1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Ni g h t c l u b s , B a r s , P u b s * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 1 * * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 2 * Of f i c e s & P e r s o n a l S e r v i c e s , C l a s s 3 * Pr o f e s s i o n a l , S c i e n t i f i c & T e c h n i c a l S e r v i c e s ( S e c t o r 5 4 ) * Re a l E s t a t e A g e n t s & B r o k e r s * * Re p a i r S e r v i c e E l e c t r o n i c & A p p l i a n c e * Re s t a u r a n t s : C a r r y O u t * Re s t a u r a n t s : D r i v e I n * Re s t a u r a n t s : G e n e r a l * Re t a i l , C l a s s 1 * Re t a i l , C l a s s 2 * Re t a i l , C l a s s 3 * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t * * Ru r a l G u e s t E s t a b l i s h m e n t : B e d & B r e a k f a s t I n n * * Ru r a l G u e s t E s t a b l i s h m e n t : C o u n t r y I n n * * St o r a g e o f G o o d s , O u t d o o r * * * St o r a g e o r W a r e h o u s i n g : I n s i d e B u i l d i n g * * St u d i o ( A r t ) * * Ta x i d e r m y * Th e a t e r , I n d o o r o r O u t d o o r ( i n c l u d i n g D r i v e - i n s ) * * To u r i s t H o m e Wh o l e s a l e T r a d e * Wi n e r y w i t h M i n o r E v e n t s * * Wi n e r y w i t h M a j o r E v e n t s ^ * * 117 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-25 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z REDA-CZ-1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . EXT R A C T I V E USE S Ex t r a c t i o n o f E a r t h P r o d u c t s GOV E R N M E N T A L USE S Go v e r n m e n t a l F a c i l i t i e s & O f f i c e B u i l d i n g s * Go v e r n m e n t a l P r o t e c t i v e S e r v i c e s ( P o l i c e & F i r e S t a t i o n s ) R e s c u e Sq u a d s , V o l u n t e e r F i r e D e p a r t m e n t s * Mi l i t a r y I n s t a l l a t i o n s ( N a t i on a l G u a r d & R e s e r v e A r m o r y ) Pu b l i c A d m i n i s t r a t i o n ( S e c t o r 9 2 ) * MAN U F A C T U R I N G , ASS E M B L Y & PRO C E S S I N G As s e m b l y a n d P a c k a g i n g O p e r a t i o n s I n c l u d i n g D i s t r i b u t i o n a n d Ma i l O r d e r H o u s e s , B u t E x c l u d i n g O n - P r e m i s e s R e t a i l O u t l e t s * In d u s t r i a l , H e a v y * In d u s t r i a l , L i g h t * In d u s t r i a l , M e d i u m * Ma n u f a c t u r i n g ( S e c t o r 3 1 - 3 3 ) * Mi c r o b r e w e r y , p r o d u c t i o n o n l y * * Ph a r m a c e u t i c a l P r o d u c t s * Pr i n t i n g & L i t h o g r a p h y * Sa w m i l l s ^ * Wi n e r y , p r o d u c t i o n o n l y * * MED I C A L USE S He a l t h S e r v i c e s : O v e r 1 0 , 0 0 0 S q . F t . * He a l t h S e r v i c e s : U n d e r 1 0 , 0 0 0 S q . F t * Ho s p i t a l s * Ve t e r i n a r y C l i n i c * * Ve t e r i n a r y C l i n i c , m o b i l e * * 118 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-26 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z REDA-CZ-1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Ve t e r i n a r y H o s p i t a l s * * REC R E A T I O N A L USE S Ar t s , E n t e r t a i n m e n t & R e c r e a t i o n ( S e c t o r 7 1 ) Bo t a n i c a l G a r d e n s & A r b o r e t u m s * Ca m p / R e t r e a t C e n t e r * Go l f D r i v i n g a n d P r a c t i c e R a n g e s * Gu e s t R a n c h * Pa r k s , P u b l i c * * Re c r e a t i o n a l F a c i l i t i e s * Go l f C o u r s e * * Ra c e T r a c k ( M o t o r i z e d , e t c . ) a n d G o - K a r t T r a c k F a c i l i t i e s * RES I D E N T I A L USE S Dw e l l i n g ; M o b i l e H o m e * * Dw e l l i n g ; M u l t i p l e F a m i l y * Dw e l l i n g ; S i n g l e - F a m i l y * * Dw e l l i n g ; T w o - F a m i l y * Fa m i l y C a r e H o m e Gr o u p C a r e F a c i l i t y * Re h a b i l i t a t i v e C a r e F a c i l i t y * Re s i d e n t i a l H o t e l ( F r a t e r n i t i e s , S o r o r i t i e s , a nd D o r m i t o r i e s ) Ro o m i n g H o u s e Te m p o r a r y R e s i d e n t i a l U n i t * TEL E C O M M U N I C A T I O N S Te l e c o m m u n i c a t i o n T o w e r – S t e a l t h ( 7 5 f e e t o r s h o r t e r ) * * Te l e c o m m u n i c a t i o n T o w e r s ( 1 5 0 f e e t i n h e i g h t o r s h o r t e r ) * * 119 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-27 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z REDA-CZ-1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . Te l e c o m m u n i c a t i o n T o w e r s ( g r e a t e r t h a n 1 5 0 i n h e i g h t ) * * TEM P O R A R Y USE S Bu i l d i n g s , P o r t a b l e * Te m p o r a r y M o b i l e H o m e ( U s e d u r i n g c o n s t r u c t i o n / i n s t a l l a t i o n o f pe r m a n e n t r e s i d e n t i a l u n i t a n d f o r 3 0 d a y s f o l l o w i n g i s s u a n c e o f Ce r t i f i c a t e o f O c c u p a n c y * TRA N S P O R T A T I O N Bu s P a s s e n g e r S h e l t e r * Bu s T e r m i n a l s & G a r a g e s * Mo t o r F r e i g h t T e r m i n a l s * Mo t o r V e h i c l e M a i n t e n a n c e & R e p a i r (B o d y S h o p ) * Mo t o r V e h i c l e R e p a i r G a r a g e * Mo t o r V e h i c l e S a l e s R e n t a l (N e w & U s e d ) * Mo t o r V e h i c l e S e r v i c e s S t a t i o n s * Pa r k i n g A s P r i n c i p a l U s e , S u r f a c e o r S t r u c t u r e * Pe t r o l e u m P r o d u c t s : S t o r a g e & D i s t r i b u t i o n * Po s t a l & P a r c e l D e l i v e r y S e r v i c e s * * UTI L I T I E S El e v a t e d W a t e r S t o r a g e T a n k s * * Pu b l i c U t i l i t y S t a t i o n s & S u b - St a t i o n s , S w i t c h i n g S t a t i o n s , Te l e p h o n e E x c h a n g e s , W a t e r & S e w a g e T r e a t m e n t P l a n t s * * El e c t r i c , G a s , a n d L i q u i d F u e l T r a n s m i s s i o n L i n e s * * Wa t e r & S a n i t a r y S e w e r P u m p i n g * * So l a r A r r a y – L a r g e F a c i l i t y * * So l a r A r r a y – P u b l i c U t i l i t y * * 120 Article 5: Uses S e c t i o n 5 . 2 : T a b l e o f P e r m i t t e d U s e s Or a n g e C o u n t y , N o r t h C a r o l i n a – U n i f i e d D e v e l o p m e n t O r d i n a n c e Page 5-28 TAB L E O F PER M I T T E D USE S – CON D I T I O N A L ZON I N G DIS T R I C T S * = PER M I T T E D USE USE TYP E CON D I T I O N A L ZON I N G DIS T R I C T S AS E - C Z MP D - C Z HP - C Z REDA-CZ-1 NO T E : A p p l i c a t i o n s f o r C o n d i t i o n a l Z o n i n g D i s t r i c t s mu s t l i s t s p e c i f i c u s e s fo r c o n s i d e r a t i o n / a p p r o v a l ^: U s e s h a l l n o t b e a p p r o v e d o n p a r c e l s l o c a t e d i n t h e R u r a l B u ff e r l a n d u s e c l a s s i f i c a t i o n , a s d e s i g n a t e d b y t h e a d o p t e d C o m p r eh e n s i v e P l a n . WAS T E MAN A G E M E N T La n d f i l l s ( 2 A c r e s o r M o r e ) La n d f i l l s ( L e s s T h a n 2 A c r e s ) Wa s t e M a n a g e m e n t F a c i l i t y ; H a z a r d o u s & T o x i c MIS C E L L A N E O U S Ac c e s s o r y U s e s * * * * Ai r p o r t s , G e n e r a l A v i a t i o n , H e l i p o r t s , S . T . O . L . As s e m b l y F a c i l i t y G r e a t e r T h a n 3 0 0 O c c u p a n t s ^ * * As s e m b l y F a c i l i t y L e s s T h a n 3 0 0 O c c u p a n t s * * * Ce m e t e r y Ch u r c h * * Cl u b s o r L o d g e s ; S o c i a l ; F r a t e r n a l o r U n i o n C l u b h o u s e s * * Co m m u n i t y C e n t e r * * Cr e m a t o r i a * Hi s t o r i c S i t e s N o n - R e s i d e n t i a l / M i x e d U s e * * In f o r m a t i o n ( S e c t o r 5 1 ) * Re s e a r c h F a c i l i t y * Re s e a r c h L a n d s & I n s t a l l a t i o n s , N o n - p r o f i t * Ru r a l H e r i t a g e M u s e u m * Ru r a l S p e c i a l E v e n t s * * 121 Article 5: Uses Section 5.3: Application of Use Standards Orange County, North Carolina – Unified Development Ordinance Page 5-29 SECTION 5.3: APPLICATION OF USE STANDARDS 5.3.1 In General In addition to the general standards applied to uses in each zoning district and in accordance with the Table of Permitted Uses, Sections 5.34 through 5.17 18 establishes additional submittal requirements and standards of evaluation for specific Permitted Uses, Special Uses, Conditional Uses, and uses permitted in Conditional Zoning Districts.8 5.3.2 Special Uses (A) General Standards Before any application for a Special Use Permit shall be approved: (1) The applicant shall have the burden of establishing, by competent material and substantial evidence, in the form of testimony, exhibits, documents, models, plans and other materials, that the application meets the requirements for approval of a Special Use; and (2) The Board of County Commissioners or Board of Adjustment shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards including the following general conditions: (a) The use will maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; (b) The use will maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); and (c) The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the plan for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. (B) Specific Standards In addition to the general standards stated in Section 5.3.2(A), the following specific standards shall be addressed by the applicant before the issuance of a Special Use Permit: (1) Method and adequacy of provision of sewage disposal facilities, solid waste, and water. (2) Method and adequacy of police, fire and rescue squad protection. (3) Method and adequacy of vehicular access to the site and traffic conditions around the site. (4) Other use specific standards as set forth herein. (C) Specific Standards for Class A Special Use Permits Within Hillsborough EDD 8 Eliminating references to specific sections.  Amendments adding new standards or new sections will require  constant update to this provision.  Staff believes we do not have to specifically identify the sections containing  these additional submittal and/or evaluation criteria but merely reference same exists.  122 Article 5: Uses Section 5.4: Standards for Temporary Uses Orange County, North Carolina – Unified Development Ordinance Page 5-33 (iii) Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important visual corridors, and provide shade. (iv) Unity of design shall be achieved by repetition of certain plan varieties and other materials and by correlation with adjacent developments. (v) Plant material shall be selected for its structure, texture, and color for interest and for its ultimate growth. Use of native plants is encouraged; others that will be hardy, harmonious to the design, and of good appearance can be allowed. (vi) Appropriate curbs, tree guards or other devices shall be employed to protect plants susceptible to injury by pedestrian or motor traffic. (vii) Parking areas and trafficways shall be enhanced with landscaped spaces containing trees or tree groupings. (viii) Service yards and other unsightly places shall be screened by use of walls, fencing and/or planting. (g) Signs (i) Every sign shall have appropriate scale and proportion in its design and in its visual relationship to buildings and surroundings. A unified signage plan shall be submitted and approved with the Special Use Permit. (ii) Every sign shall be designed as an integral architectural element of the building and the site to which it principally relates. (iii) The colors, materials and lighting of every sign shall be harmonious with the building and site to which it principally relates. (iv) The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the total area of the sign face. (v) Freestanding signs shall not be pole-mounted. (h) Maintenance, planning and design factors (i) Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures and devices shall be incorporated for protection against the elements, neglect, damage, and abuse. (ii) Provisions for cleaning buildings and structures and control of dirt and refuse shall be included in the design. Configurations that tend to accumulate debris and dirt shall be avoided. SECTION 5.4: STANDARDS FOR TEMPORARY USES 5.4.1 Yard Sale (A) General Standards for Evaluation (1) Yard sales are permitted in accordance with the Table of Permitted Uses provided that these sales do not exceed two days per month. 5.4.2 Temporary Fund Raising Activity (A) General Standards for Evaluation 123 Article 5: Uses Section 5.4: Standards for Temporary Uses Orange County, North Carolina – Unified Development Ordinance Page 5-34 (1) Temporary fund raising activities are permitted in accordance with the Table of Permitted Uses provided that these activities do not exceed two days per month. 5.4.3 Special Events (A) Arts and Cultural Special Events (1) All arts and cultural special events organized, conducted, and affiliated with a 501(c)(3) nonprofit organization or government entity, for example the annual Orange County Open Studio Tour, shall be exempt from the special event review and permitting process. (B) General Standards of Evaluation (1) The application shall include a written description of the type of event planned, the number of participants for any single event, the frequency of the events, the anticipated hours of operation, the potential dates for the events, and the method and adequacy of sewage disposal, recycling and waste disposal, access, parking, lighting, and signage; (2) The plot plan shall be accompanied by written approval from the Orange County Division of Environmental Health regarding the adequacy of the water-supply and wastewater disposal; (3) The plot plan shall have written approval from the Orange County Fire Marshal; (4) The applicant shall submit a copy of notification sent to the Orange County Sheriff’s Department stating the type of events, number of participants, date(s) and hours of operation, and emergency contact information. A location map must be attached to the notice provided to the Sheriff; (5) Lot size shall be adequate to accommodate all proposed activities including safe vehicular and pedestrian circulation; (6) The proposed activity will occur on no more frequently than seven days in a 30- day period, and on no more than 50 days per year; and (7) Signs shall be permitted in accordance with Section 6.12.11(D). (C) 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 written description of the exact type of event planned, the maximum number of participants, the frequency of the event, anticipated dates and hours of operation, method and adequacy of sewage disposal, recycling and waste disposal, access, parking, lighting, and signage; (b) A site plan showing the boundaries of the area to be used for the events, the locations of access points, parking, service areas, activity areas, restrooms, solid waste disposal/recycling facilities, lighting, and signage; (c) Written comments from the Orange County Health Department, Division of Environmental Health regarding the adequacy of plans restroom facilities and food preparation/handling arrangements; and (d) Written comments from the Orange County Fire Marshal and Sheriff’s Department regarding the adequacy of parking, access, or other factors related to public safety. (2) Standards of Evaluation 124 Article 5: Uses Section 5.4: Standards for Temporary Uses Orange County, North Carolina – Unified Development Ordinance Page 5-35 (a) The lot shall contain a minimum of five acres and shall be adequate to accommodate all proposed activities, including safe vehicular and pedestrian circulation, and the maximum number of participants for any single event. (b) The maximum number of participants at any given time at any event shall be 150 persons. (c) The proposed activity will occur no more frequently than seven days in a 30-day period, and on no more than 50 days per year. (d) Signs shall be permitted in accordance with Section 6.12.11(D) of this Ordinance. (e) All parking shall be on-site. (f) Noise levels at the boundary of the area included in the special Use Permit shall not exceed 50 decibels between the hours of 7:00 a.m. and 7:00 p.m., or 45 decibels between the hours of 7:00 p.m. and midnight. No Special Event shall begin before 7:00 a.m., or extend beyond midnight. (g) The site plan shall have the written approval of the Orange County Division of Environmental Health regarding the adequacy of the water supply and wastewater disposal for the specified maximum number of participants for any single event and the written approval of the Orange County Fire Marshal and Orange County Sheriff’s Department regarding the adequacy of parking, access or other factors relating to public safety. (h) The Special Use Permit shall be valid for no more than one year. 5.4.4 Temporary Use of a Residential Mobile Home or Temporary Residential Unit During Construction (A) General Standards of Evaluation A Residential Mobile Homes or a Temporary Residential Unit may be permitted as a temporary use during construction in accordance with the following: (1) The property owner shall reside in the temporary residential mobile home the unit during construction of a new residence or the renovation of an existing residence on the same lot. (2) Prior to placement of the temporary residential mobile homeunit on-site all applicable state and local approvals and permits shall be procured, including but not limited to a zoning compliance permit, building permits, and health department approval. (3) The temporary residential mobile homeunit must shall be removed within 90 days of receipt of the certificate of occupancy compliance for the on-site residence. 5.4.5 Buildings for Temporary Use (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) Site plan showing all existing and proposed structures on the site, existing and proposed topography at a contour interval of five feet, existing and proposed landscaping, parking areas, access points, any officially designated flood plains, and other site details. (b) A description of the exterior materials, color and construction details. 125 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-49 (e) A temporary custodial care unit shall be required to connect to water, wastewater, and electric utilities serving the principal structure on the property. (f) The Orange County Health Department, or the agency that provides sanitary sewer and water services, shall approve water and wastewater disposal facilities. (g) All applicable state and local approvals and permits shall be procured including, but not limited to, a zoning compliance permit, building permits, and health department approval. (h) Approval of the application shall not exceed one year. Annual renewal shall require a new application and recertification from a licensed physician stating the necessity of direct care. (i) Any approved temporary custodial care unit shall be removed no later than 180 days after the time the mentally or physically impaired person(s) is no longer receiving care or is in need of assistance. If the structure is needed for a different impaired person, the temporary custodial care unit may continue to be used, subject to the requirements of this Ordinance. (j) The caregiver shall allow inspections of the property by the County at times convenient to the caregiver, during reasonable hours, and upon prior notice for compliance purposes. (k) A permit for a temporary custodial care unit may be revoked by the Planning Director due to failure of the applicant to comply with any of the above provisions. 5.5.10 Multi-Family (A) Standards for EDH-3 and EDH-4 Zoning Districts (1) Multi-family uses are permitted in the EDH-3 and EDH-4 zoning districts only in accordance with the following standards: (a) The site plan must identify the square footage of each building by type of use. (b) A permitted Principal Use must be established on at least 50% of the total square footage of structures on the site. (c) Multi-family dwellings shall not exceed 25% of the total square footage of all structures on the site. SECTION 5.6: STANDARDS FOR COMMERCIAL SERVICE USES 5.6.1 Cemetery (A) General Standards for all Cemetery uses: (1) No internments9 shall take place within 30 feet of any lot property line.10 5.6.1(B) Standards for Family Cemeteries11 9 Correcting existing spelling error.  10 An existing standard we are recommending be applied to all internments regardless of their location (i.e.  commercial, family, religious facility, etc.)  11 Staff is recommending creating a distinction for family cemeteries from commercial cemeteries to ensure we are  not creating unnecessary impediments on the establishment of same.  Staff is also recommending establishing  reasonable regulation(s) to ensure the cemetery is properly denoted on the parcel and perpetual access  rights/maintenance responsibilities are established in the event the property is sold.  126 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-50 (1) Minimum lot size for a parcel to establish a family cemetery shall be 2 acres. The actual area of the property intended for the interment of human remains shall not exceed 50,000 square feet of land area. (2) Only members of the property owner’s family can be interred consistent with the definition of Family as contained within this Ordinance. (3) Property owner shall be required to prepare documents outlining the location of the cemetery and access and maintenance responsibilities for recordation on the Orange County Registrar of Deeds Office. (4) Abandonment/discontinuation of a family cemetery shall be completed in accordance with the requirements of the North Carolina General Statutes Chapter 65. (C) Standards for Commercial Cemeteries (A)(1) Standards for Class B Special Use Permit Shall be permitted only through the issuance of a Class B Special Use Permit in accordance with Section 2.7 of this Ordinance. (1)(2) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C, .12 Cemetery Commission shall be met. (2)(3) Standards of Evaluation (a) A minimum lot size of two acres is provided. (b) The site shall have direct access to a collector or arterial street. (c) There shall be adequate space within the site for the parking and maneuvering of funeral cartilagesvehicles. (d) No interments shall take place within 30 feet of any lot line.13 5.6.2 Community Center 14 (B)(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 exact type of facility planned, the size of the building, the number of participants; a signed statement from the owners or operators that the facility will be operated by a non-profit organization. (b) A site plan showing the location of the existing and proposed buildings, access points, parking, service areas, and outdoor recreation areas. (c) Building plans for all existing or proposed structures. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and any other landscape materials. 12 Correcting existing punctuation error.  13 Requirement moved to Section 5.6.1 (A) (1) of this Ordinance.  14 An existing land use moved from the Miscellaneous land use category.  Standards are not being modified so are  not be denoted as a ‘text change’.  127 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-51 (2) Standards of Evaluation (a) Lot size shall be adequate for the method of sewage disposal, and for the other improvements proposed or required. (b) The site plan shall show the boundaries of the site, the distances to the nearest residential structures, access points, parking areas, service area, location of proposed existing buildings. (c) The landscape plan shall be at the same scale as the site plan and should show how the facilities will be screened from the adjacent properties, in addition, to proposed or existing trees, shrubs, and ground cover. (d) Elevations of buildings should show that the buildings preserve the residential character of the area. 5.6.25.6.3 Nightclubs, Bars and Pubs (A) General Standards for of Evaluation (1) Buildings for nightclubs, bars and pubs shall not be located within 200 feet of a residence. 5.6.35.6.4 Massage Business (A) General Standards for of Evaluation (1) Must comply with the Ordinance for the Control of Massage and Massage Establishments (2) The submittal of construction plans for all existing and proposed buildings housing the massage business. The construction plans 15shall include floor plans and cross sections showing the proposed use of all portions of such buildings. (3) For existing buildings, certification by the Orange County Building Inspector that the structure(s) complies with the North Carolina Building Code and all related construction codes. 5.6.5 Funeral Home (A) Standards for the CC-3 and GC-4 Zoning Districts16 (1) On-site crematoria facilities shall be prohibited. (B) Standards for the I-1 and I-2 Zoning Districts (1) On-site crematoria facilities shall be permitted. 5.6.6 Garden Center17 (B)(A) General Standards for of Evaluation (1) Outdoor display and storage of goods will be permitted. (2) Outdoor storage of bulk goods shall be located to the rear or side of the primary building and screened on three sides by an eight foot high opaque wall or fence. 15 Eliminating redundant language.  16 Staff has received inquiries   17 Staff is correcting a typo.  The Current UDO has the term ‘Garden Center’ listed within the Massage Business  land use category within Section 5.6.2 (A) (3).  The amendment corrects for the error and lists the land use  properly.  128 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-52 (3) Outdoor storage for bulk goods shall be limited to 1,500 square feet per acre of the zoning lot. (4) Rental of garden equipment and materials shall be permitted. 5.6.45.6.7 Junkyards/Salvage Yards18 (A) Standards for Class A 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) Detailed plans and specifications for the site screening proposed. (b) Description of type and number of motorized machines to be employed upon site. (c) Indicate on the site plan the extent of area to be used for the storage of junked or wrecked motor vehicles (2) Standards for of Evaluation - (a) The site shall be screened from adjacent property by a minimum of an eight foot high solid fence or equal, uninterrupted located along the property line except for required vehicle access points.19 (a)(b) A Type D Land Use Buffer shall be installed outside of the fenced area in accordance with the provisions of Section 6.8.6 of this Ordinance.20 (c) No materials shall be stored closer than 50 feet to the public right of way or 30 feet to the property lines. (b)(d) No crushing and/or dismantling of vehicles shall occur within 100 feet of any property line.21 (c)(e) Documentation shall be provided outlining the proposed collection, storage, and disposal of vehicle fluids (i.e. oil, gas, lubricants, anti- freeze, etc.) and that said plan complies with applicable local, State, and Federal regulations. (d)(f) Site is of adequate size to protect adjacent properties from adverse effects of the junkyard. 5.6.55.6.8 Kennels (Class II) (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) Plans for all kennels, exercise yards, dog runs, pens and related improvements, including signage. 18 Staff is adding the term ‘Salvage’ yard to ensure consistency with the merged tables of permitted land uses.  19 Eliminating unnecessary and confusing language.  20 Staff has received numerous suggestions over the years that a land use buffer should also be required for  junk/salvage yards.  We are recommending adding language requiring same.  21 Many of the complaints we have received over the years involved the noise generated by the  dismantling/crushing of vehicles near external property boundaries.  Staff is recommending adding language to  address.  129 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-53 (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (2) Standards of Evaluation – (a) The site is of adequate size to protect adjacent properties from adverse effects of the kennel. (b) No part of any building, structure, dog run, pen, or exercise yard in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the kennel. (i) The 150 foot setback established by this section shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (ii) For Class II Kennels developed within the EDE-2 zoning district, this setback shall not apply to dog training activities where each dog is under the immediate control of its trainer, owner, or other responsible individual. (iii) For Class II Kennels developed within the EDE-2 zoning district, all buildings, structures, dog runs, pens, or exercise yards in which animals are housed or exercised shall observe the principal setbacks established within Section 3.7 of the UDO in those instances where the property abuts other EDE-2 zoned property and US Highway 70. (c) Any kennel, including primary enclosures or runs, which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height. (d) The site plan shows parking, access areas and screening devices for all buildings and animal boarding facilities existing or proposed for the property. (e) The site plan shall be reviewed by the Orange County Animal Services Department, and found in conformance with the Animal Control Ordinance. (f) Building plans for all kennel facilities shall be reviewed and approved by the Orange County Animal Services Department prior to issuance of any building permits. (g) All proposed signage shall comply with dimensional requirements as set forth within Section 6.12. (h) A Class II Kennel Permit shall be obtained from Orange County Animal Services within the first 30 days of occupancy. Failure to obtain and maintain a valid Class II Kennel Permit or other related permits which may be required by the USDA or Wildlife Resources Commission will result in revocation of the Special Use Permit. 5.6.65.6.9 Rural Guest Establishment: Bed & Breakfast (A) General Standards (1) Submittal Requirements (a) A site plan, prepared in accordance with the requirements of Section 2.5, containing the following: (Per Section.2.5.2 professional design and certification is not required for Rural Guest Establishments with three guestrooms or less—bed & breakfasts.) 130 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-55 (a) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (d) The site is served by direct access to a State maintained road, or has legal access to a public road by way of a recorded easement. (e) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (f) The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (g) Bed & Breakfast establishments shall be allowed in all protected watersheds, and critical areas. (h) Building plans for all building areas intended for public use shall be reviewed and approved by the Fire Marshal and Building Inspections Division prior to issuance of any Certificates of Occupancy. (i) In those cases where a Certificate of Occupancy is not required, the applicant shall schedule a site inspection with the Fire Marshal and Building Inspections Division and submit documentation of site approval to the Planning Department prior to commencing operation. (j) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night-time glare. (k) On-site parking shall be provided in accordance with Section 6.9 of this Ordinance. (l) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. 5.6.75.6.10 Rural Guest Establishment: Bed & Breakfast Inn (A) Standards for Class B Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: 131 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-58 (a) The Class B Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of Adjustment after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (b) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (c) The Board of Adjustment shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. (d) If the Board of Adjustment does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.6.85.6.11 Rural Guest Establishment: Country Inn (A) Standards for Class A Special Use Permit (1) Submittal Requirements (a) A site plan, prepared by an appropriately licensed professional in accordance with the requirements of Section 2.5, containing the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation, and parking requirements. (ii) Location and dimensions of all on site signage. (iii) Location of well and septic system. (iv) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (Landscape information is often shown on the base plan for small projects. Each tree does not have to be individually identified; showing an “existing tree line” is often sufficient for large lots, where the bulk of the property remains wooded.) (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. 132 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-60 (j) The applicant shall be permitted to construct one sign not to exceed 16 square feet in size. Such identifying signs shall be installed with landscaping around the base. All illumination shall be installed as ground lighting to prevent night-time glare. (k) On-site parking shall be provided in accordance with Section 6.9 of this Ordinance. The Fire Marshal shall review and approve the site plan to ensure EMS and fire truck accessibility. (l) The site shall meet the landscaping and buffer requirements established in Section 6.8 of this Ordinance. However, property recognized by the state or the county as a historic site, or as containing a significant historic structure, shall receive a full or partial waiver of the road-front land use buffer to maintain the historic character of the site and the traditional view of the house from the roadside. (m) The applicant shall be responsible for satisfying all review and permitting requirements of other public agencies, including but not limited to NCDOT driveway permits. (n) The minimum lot size for a Country Inn using a private well and septic system shall be no less than ten acres. A Country Inn may be permitted on lots of less than ten acres if the tract is currently served by public water and sewer subject to the review and approval of the appropriate agencies, and the Staff Engineer; or if the tract will receive public services as part of a larger development project such as a planned development or village flexible development. (3) Expiration and Re-Approval of SUP (a) The Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of County Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. (b) The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (c) The Board of County Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. (d) If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (e) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.6.9 Microbrewery with Minor Events22 (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. 22 Relocated to Section 5.14 Standards for Manufacturing, Assembly, and Processing section consistent with the  proposed new table of permitted uses format.  133 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-61 (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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: (i) 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); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) 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. (2) 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. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. 134 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-62 5.6.10 Microbrewery with Major Events23 (A) Standards for ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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: (i) 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); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) 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. (2) 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. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. 23 Relocated to Section 5.14  Standards for Manufacturing, Assembly, and Processing section consistent with the  proposed new table of permitted uses format.    135 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-63 (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.6.115.6.12 Taxidermy (A) Standards for Class B Special Use Permit (1) Enterprises located in an AR zoning district must shall be located on a bona fide farm. (2) If located adjacent to residentially zoned property, all buildings, structures, facilities, etc. used in the taxidermy enterprise shall be located a minimum of 100 feet from the property line. 5.6.12 Winery with Minor Events24 (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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: (i) 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); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the 24 Relocated to Section 5.14  Standards for Manufacturing, Assembly, and Processing section consistent with the  proposed new table of permitted uses format.    136 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-64 proposed use. (2) 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. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. 5.6.13 Winery with Major Events25 (A) Standards for ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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: (i) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the 25 Relocated to Section 5.14  Standards for Manufacturing, Assembly, and Processing section consistent with the  proposed new table of permitted uses format.    137 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-65 parcel (e.g., water usage by bona fide farm uses is not required to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) 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. (2) 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. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.6.14 Country Store26 (A) General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet 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. 26 Moved to a new proposed Section 5.18 for standards governing retail land uses.  138 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-66 (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. 5.6.13 Professional Offices (A) Standards for the LC-1, NC-2, EC-5, EDH-1, and EDH-2 Zoning Districts (1) Structures shall not exceed 15,000 square feet in gross floor area. 5.6.14 Repair Services (A) Standards for the LC-1, NC-2, and EC-5 Zoning Districts (1) Structures shall not exceed 15,000 square feet in gross floor area. (2) No external storage of materials or equipment shall be permitted. (B) Standards for all other Zoning Districts (1) External storage of materials and equipment shall be allowed subject to the following: (a) No storage shall take place within 30 feet of a property line. (b) External storage areas shall be enclosed by an 8 foot chain link fence. A Type A Land Use Buffer, as detailed in Section 6.8.6 of this Ordinance, shall be erected around the perimeter of the fence. 5.6.15 Restaurants (A) Standards for the NC-2 and EC-5 Zoning Districts (1) Structures shall not exceed 10,000 square feet in gross floor area. (2) Drive-thru facilities are prohibited. (3) Restaurant, Drive-in uses are prohibited. 5.6.155.6.16 Sexually Oriented Businesses (A) Submittal Requirements (1) In addition to the site plan submittal criteria detailed within Section 2.5 of this Ordinance the applicant shall submit proof a license has been issued allowing for the operation of a sexually oriented business in accordance with Chapter 8 of the Orange County Code of Ordinances. 139 Article 5: Uses Section 5.6: Standards for Commercial SERVICE Uses Orange County, North Carolina – Unified Development Ordinance Page 5-67 (B) Standards of Evaluation (1) 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. 5.6.17 Storage of Goods27 (A) Standards for the GC-4, EC-5 and O/RM Zoning Districts (1) No external storage shall be permitted. All items shall be stored in doors. (2) Rental of moving equipment, including vehicles, shall be permitted subject to the following: (a) Vehicles shall not be parked and/or stored within 30 feet of a property line. (b) Vehicles shall be stored within an area enclosed by a 8 foot chain link fence. A Type B Land Use Buffer, as detailed in Section 6.8.6 of this Ordinance, shall be erected around the perimeter of the fence. (B) Standards for the I-1, I-2, I-3 and REDA-CZ Zoning Districts (1) External storage shall be permitted subject to the following standard(s): (a) No storage shall take place within 30 feet of a property line. (b) External storage areas shall be enclosed by an 8 foot chain link fence. A Type B Land Use Buffer, as detailed in Section 6.8.6 of this Ordinance, shall be erected around the perimeter of the fence. (2) Rental of moving equipment, including vehicles, shall be permitted. Vehicle storage areas shall comply with the development standards contained herein. 5.6.18 Service Uses Not Listed (A) Submittal Requirements (1) In addition to the information required under Section 2.7of this Ordinance, the following shall be submitted as part of the application: 27 This is intended to cover self‐storage facilities.  140 Article 5: Uses Section 5.7: Standards for Recreational Uses Orange County, North Carolina – Unified Development Ordinance Page 5-68 (a) Detailed narrative detailing how the proposed use is consistent with the definition of the Service Land Use as detailed in Article 10 of this Ordinance. (B) Standards of Evaluation. (1) Facility, including any outdoor activity areas, shall be setback a minimum of 100 feet from all property lines. (2) A Type D land use buffer, as detailed in Section 6.8.6 of the Ordinance, shall be installed/maintained along all property lines. SECTION 5.7: STANDARDS FOR RECREATIONAL USES 5.7.1 Recreational Uses as Accessory Uses (A) Residential Land Uses In addition to the requirements contained within this Ordinance, recreational uses developed as an accessory use to a residence shall abide by the following: (1) General Standards (a) Accessory recreational uses shall not be open to the public or serve as a recreation amenity for other lots. (b) Amenities, equipment, and/or facilities intended for spectators such as bleachers or public address systems shall not be permitted. (c) Outdoor sports field lighting, as detailed within Section 6.11, shall be prohibited. (2) Specific Standards (a) Motor Cross and Go-Kart Tracks (i) All tracks and/or paths shall be located a minimum of 100 feet from a property line. (ii) A track or path shall not cross over active septic fields. (iii) A Type B Land Use Buffer, as detailed in Section 6.8, shall be required around the portion of the property where the track is located. (B) Non-residential Land Uses In addition to the requirements contained within this Ordinance, recreational uses developed as an accessory use to a non-residential land use shall abide by the following: (1) Uses shall not constitute Recreational Facilities. 5.7.2 Recreational Facilities (A) General Standards of Evaluation (1) The standards included herein shall be applied to recreational facilities as a principal use of property. (2) The minimum lot area shall be two acres. (3) Facilities may include such features as play and training areas, athletic field lights, public address systems, parking for patrons and staff, storage/office facilities, and restroom/locker facilities. (4) No building shall be closer than 20 feet from any right-of-way or property line or the minimum requirements of the district in which it is located. 141 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-83 (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) All unpaved areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. 5.7.8 Theater28 (A) Standards for the NC-2, CC-3, EDH-1, EDH-2, and EDH-3 Zoning Districts (1) All theater activates shall be located indoors. No outside performances shall be permitted. (B) Standards for the GC-4, EDB-2, EDE-2, and EDH-4 (1) Outdoor performance areas shall be permitted subject to the following standards:29 (a) A 50 foot setback from all property lines shall be provided. (b) A Type B Land Use Buffer, as detailed in Section 6.8.6 of this Ordinance, shall be installed around the perimeter of the outdoor performance area. (c) If the property is adjacent to a residential land use or general use zoning district, performances shall be permitted only during the following hours: (i) Sunday through Thursday – performances shall only occur from 11:00 a.m. to 9:00 p.m. (ii) Friday through Saturday – performances shall only occur from 10:00 a.m. to 11:00 p.m. 5.7.9 Recreational Uses Not Listed (A) Submittal Requirements (1) In addition to the information required under Section 2.7of this Ordinance, the following shall be submitted as part of the application: (a) Narrative detailing how proposed use is consistent with the definition of Recreational Land Use as detailed in Article 10 of this Ordinance. (b) Evidence that applicable minimum local, State, or Federal licensing requirements have been satisfied. (B) Standards of Evaluation. (1) Facility, including any outdoor activity areas, shall be setback a minimum of 100 feet from all property lines. (2) A Type D land use buffer, as detailed in Section 6.8.6 of the Ordinance, shall be installed/maintained along all property lines. 28 By definition the term ‘theater’ now includes movies, plays, concerts, etc.  29 Staff is proposing establishing minimum design standards for outdoor performances to address potential  impacts to adjacent properties.  142 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-84 SECTION 5.8: STANDARDS FOR ADULT AND CHILD CARE & EDUCATIONAL FACILITIES 5.8.1 Adult Daycare Home30 (A) Submittal Requirements (1) In addition to the information required by Section 2.4.3, the plot plan shall include the following: (a) The location of the residence in which the Adult Daycare is to be located in relation to existing property lines and adjacent homes; (b) The location, number, and means of access to required off street parking areas; (c) Narrative outlining proposed activities for the use. (d) A floor plan showing the use and dimensions of each room and the location of entrances and exits. (e) Evidence the facility qualifies for a State of North Carolina Adult Daycare Home license. (B) Standards of Evaluation (1) The use shall be limited to serving no more than 16 clients. (2) The minimum requirements to qualify for a State of North Carolina Adult Daycare Home license are satisfied. (3) The property has direct frontage and access onto a public State maintained road. (4) Pick-up and drop off areas shall be located on-site, separated from required parking areas and drive-aisles, and have sufficient vehicular stacking area to accommodate a minimum of three vehicles. 5.8.15.8.2 Daycare Center in a Residence (A) Submittal Requirements (1) In addition to the information required by Section 2.4.3, the plot plan shall show the following: (a) The location of the residence in which the Daycare Center in a Residence is to be located in relation to existing property lines and adjacent homes; (b) The location, number, and means of access to required off street parking areas; (c) The location and type of required landscaping and/or screening; and31 (d)(c) A fenced, outdoor play space. (2) A floor plan of the proposed child care facility, showing the use and dimensions of each room and the location of entrances and exits. (3) A landscape plan denoting required land use buffers around the structure containing the use and outdoor play areas. 30 A new land use staff is recommending to address potential care for adults.  This use is not intended to allow  overnight accommodation(s).    31 Spelled out in greater detail in a revised subsection 3 contained herein.  143 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-85 (3)(4) Evidence that the minimum requirements to qualifythe facility qualifies for a state State of North Carolina Center in a Residence for 3 to 12 Children license have been satisfied.child care license. (B) Standards of Evaluation (1) The Daycare Center in a Residence is to be located in an area, which is free from conditions dangerous to the physical and moral welfare of the children.32 (2)(1) The use shall be limited to serving between 3 to 12 children.33 (3)(2) The minimum requirements to qualify for a State of North Carolina child care license are satisfied. (4)(3) The There is property shall have direct frontage and access onto a public sState maintained road. (5)(4) Adequate access to and from the site, as well as adequate space off the road right-of-way, is provided for the safe pickup and discharge of children and is provided in such a manner that traffic generated by the Daycare Center in a Residence is not disruptive to adjacent residentially developed properties.Parking areas shall comply with the provisions of Section 6.9 of this Ordinance. (6)(5) Child pick-up and drop off areas shall be located on-site, separated from required parking areas and drive-aisles, and have sufficient vehicular stacking area to accommodate a minimum of three vehicles.34 (7)(6) The plot plan shall show how the facilities will be screened from adjacent properties. A Type B 30-foot buffer shall be provided around the Daycare Center in a Residence and play area in accordance with Section 6.8.6. These buffers will effectively screen the view of any outdoor play area, and reduce noise associated with the child care. Required buffers installed around the structure containing the daycare and the perimeter of the outdoor play area shall comply with the Type B land use buffer, as detailed in Section 6.8.6 of this Ordinance.35 (8)(7) Each Daycare Center in a Residence is required to provide at least A minimum of 75 square feet of outdoor play space shall be provided for every proposed child in care. This space mayOutdoor play space shall not be located in a required buffer, shall not include driveways or required parking areas,36 and shall not be located in an area, which is used or reserved for use as a sewage disposal nitrification field. 32 Staff is recommending the standard be eliminated due to a lack of viable criteria for staff to be able to  definitively determine if an area is free of conditions dangerous to the ‘physical and moral welfare of the children’.   33 This new provision incorporates numerous references to the limitation on the number of children that can be  served in a central location rather than in multiple sections of the UDO.  34 Existing language is ambiguous and does not provide a measurable standard.  Proposed modifications eliminate  discretionary language and establishes a measurable, enforceable, standard.  35 Staff is proposing to simplify existing language to eliminate discretionary language creating potential  inconsistent enforcement of the standard.  36 This language is currently listed in Section 5.8.2 as a standard governing the development of a Childcare Facility.   Staff is recommending modifications to this section to ensure consistency.  144 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-86 (9)(8) Fencing, a minimum 3 feet in height,37 is toshall be provided around the outdoor play space. All gates shall be self-closing and/or self-latching.38, which ensures the protection of the children receiving child care and protects adjacent residentially developed properties from trespass. (10) All gates shall be self-closing and self-latching. 5.8.25.8.3 Child Care Facilities (A) Standards in Commercial and Industrial Districts (1) At leastA minimum of 100 square feet of outdoor play space per child shall be provided. (2) Outdoor play space shall not be located in a required buffer, shall not include driveways or parking areas, and shall not be located in an area used or reserved for use as a sewage disposal nitrification field39 (3) Fencing, a minimum of 3 feet in height, shall be provided around the outdoor play space. All gates shall be self-closing and/or self-latching. Outdoor play space shall be fenced or otherwise enclosed on all sides and shall not include driveways, parking area or land unsuited by other usage or natural features for children's play space. All required fences shall comply with the regulations of this Ordinance. The minimum height in any case shall be three feet. (4) A Type B land use buffer, as detailed in Section 6.8.6 of this Ordinance, shall be erected around the perimeter of outdoor play areas.40 (4)(5) The minimum lot area for the first eight children shall be 10,000 square feet. The minimum additional area for multiples of eight children shall be 2,000 square feet. (B) Standards for Class B Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) Evidence that the minimum requirements to qualify for a State of North Carolina child care facility license have been satisfied. (b) A floor plan of the proposed child care facility, showing the use and dimensions of each room and the location of entrances and exits. (2) Standards of Evaluation (a) The child care facility is to be located in an area which is free from conditions dangerous to the physical and moral welfare of the children.41 (b)(a) The minimum requirements to qualify for a State of North Carolina child care facility license are satisfied. (c)(b) There is direct frontage and access on a public State-maintained road. 37 Currently there is no height standard specified in this section.  There are references to a fence height limit in  Section 5.8.2 for Child Care Facilities.  Staff is including this specific minimum height requirement to avoid  inconsistent enforcement.  38 Staff is adding langue concerning the development of the play area with respect to the fence and access gates to  a central provision.  39 This language is being moved and modified to ensure consistency for all ‘child care facilities’ developed in the  County.  40 Staff is recommending a land use buffer be installed around the outdoor play area for a child care facility.  41 Staff is recommending this language be deleted.  We are concerned there is no definitive way for the Board of  Adjustment to make this determination and is uncertain how language could be included providing  guidance/standards on how same could be accomplished.  145 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-87 (d)(c) Parking areas comply with the provisions of Section 6.9 of this Ordinance. Adequate access to and from the site as well as adequate space off the road right of way, is provided for the safe pick up and discharge of children and is provided in such a manner that traffic generated by the child care facility is not disruptive to adjacent residentially developed properties. (e)(d) All child pick up and drop offs shall be on site, outside of required parking areas and drive-aisles, and have adequate with proper vehicle stacking area equivalent to accommodate a minimum of three cars. (f)(e) The site plan shall show how the facilities will be screened from adjacent properties. A Type-B, 30-footland use buffer, in accordance with Section 6.8.6 of this Ordinance, shall be provided around the child care building and play area in accordance with Section 6.8.6. These buffers will effectively screen the view of any outdoor play area, and reduce noise associated with the child care. (g)(f) Each child care is required to provide at least A minimum of 75 square feet of outdoor play space shall be provided for every proposed child in care. This space may shall not be located in a required buffers, shall not include driveways or required parking areas, or and shall not be located in an area, which is used or reserved for use as a sewage disposal nitrification field. (h) Fencing, a minimum of 3 feet in height, shall be provided around the outdoor play space. All gates shall be self-closing and/or self-latching. Fencing and/or screening is to be provided which ensures the protection of the children receiving child care and protects adjacent residentially developed properties from trespass. (i) All gates shall be self-closing and self-latching. (j)(3) As a condition of approval, Eeach child care facility approved by the Board of Adjustment shall be reviewed annually by the Planning Director to ensure compliance with the standards of evaluation for such facilities and any conditions attached to the application by the Board of Adjustment. Any change in the operation of the facility, which deviates from the original standards and conditions will constitute a modification and will require the approval of the Board of Adjustment. In determining whether a change in the operation of the facility has occurred, the Planning Director shall be guided by the procedures and criteria contained in Sections 2.7.1 and 5.8.2(B)(2).42 5.8.35.8.4 Non-Profit Educational CooperativeUniversities, Colleges, and Institutes 43 (A) Standards for Class A Special Use Permit or CC-3, GC-4, OR/M, EDB-2, EDE-2, EDH-4, EDH-5 and MPD-CZ Zoning Districts (1) Submittal Requirements In addition to the information required by either Section(s) 2.5 or 2.7, the following shall be submitted as part of the application: (a) The site plan prepared in accordance with Section 2.5, also showing the following Location, width and type of all internal vehicular and pedestrian circulation. 42 This is not a ‘standard’ used to evaluate a project. It is a condition associated with the permitting of same.  Staff  is renumbering to ensure proper delineation of the requirement.  43 Staff is recommending these existing standards be modified and used to govern the development of these land  uses in both residential districts (Class A Special Use Permit) or as a permitted use in other identified general use  zoning districts.  146 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-88 (i)(b) Location and dimensions of all on site signage. (ii)(c) Boundaries of the site and distance to nearest residential structures. (b)(d) Description of the proposed use(s) of the site and the buildings therein, including the following: (i) Amount of area allocated to each use including designated open space areas. (ii) Number of full and part time employees. (iii) Number of clients students expected to use the facility. (iv) Proposed hours and days of operation. (c)(e) Building plans for all existing or proposed structures to include floor plans, elevations and sections showing proposed use. (d)(f) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and any other landscape materials. (e)(g) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment. (f)(h) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) Copy of the organization By Laws and/or Articles of Incorporation. (h)(i) A detailed description of the organization, its staff, membership, affiliations and activities. (2) Standards of Evaluation (a) The site plan submitted meets all requirements specified in Subsections 2.5, 2.7.3 and 5.8.3(A)(1). (b) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (c) The site has frontage and access on to a paved State maintained road. The developer must show that the existing facilities have the capacity to handle the additional traffic generated by the use or has an agreement with NCDOT to upgrade the facility to accommodate expanded needs. (d) Internal vehicular and pedestrian circulation is designed to encourage smooth traffic flow and reduce hazards. (e) All access roads and employee/visitor parking areas shall be paved. (f) Development of the site as proposed would have no adverse impact beyond the building, except for appropriate parking facilities. (g) The floor area of a building or group of buildings housing a Non- Profit Educational Cooperative shall not exceed the maximum floor area ratio as permitted in Article 3 of this Ordinance. (h) All buildings associated with the operation of the cooperative shall be designed to be harmonious with the character of the zoning district and neighborhoods in which it is proposed to be located. (i) The applicant must demonstrate its compliance with the definition of "Non-Profit Educational Cooperative" as contained in Article 10 of this Ordinance. 147 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-89 5.8.45.8.5 Schools: Elementary, Middle and SecondaryPreparatory 44 (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Sections 2.7.3 and 5.3.2, the following information shall be submitted as part of the application: (a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of this Ordinance and with theThe following additional information shall be shown on the site plan:45 (i) Total student capacity of school as designed; (ii) Total number of employees at time of greatest shift; (iii) Number and dimensions of designated parking spaces for school buses; (iv) Number of designated parking spaces for employees; (v) Number of visitor parking spaces; (vi) Number of student parking spaces; (vii) Location of student drop off points with stacking spaces identified; (viii) Location of all proposed and future athletic fields and structures, including: a. Total number of seats for spectators, and b. Location of concession stands, if any anticipated; (ix) Proposed public roadway improvements; and (x) Existing and proposed infrastructure improvements (water and sewer). (b) 26 copies of a Landscape and Tree Preservation Plan prepared in accordance with Section 6.8 of this Ordinance. 46 (c) 26 copies of photometric plans prepared in accordance with Section 6.11 of this Ordinance.46 (d)(b) Estimated water usage for structures, landscaping and athletic fields. (e) A Traffic Impact Study, as required by Section 6.17 of this Ordinance.46 (f)(c) A Biological Inventory, prepared in accordance with Section 5.17.6(A)(2)(b)of this Ordinance. (g)(d) A Resources Management Plan, prepared in accordance with the Resources Management Plan definition in Article 10 of this Ordinance. (2) Standards of Evaluation Within Economic Development Districts (EDD) If located within an EDD, the application must meet the EDD design standards established in Article 6 of this Ordinance. (3) Standards of Evaluation in Zoning Districts other than an Economic 44 Staff is recommending combining various educational activities associated with satisfying State of North Carolina  minimum educational requirements into this central land use category.  This would include pre‐school operations.  45 Section 2.7.3 requires 26 copies of a site plan to be submitted as part of a Special Use Permit application.  There  is no need to reiterate this requirement within this Section.  46 This information is already required for a site plan submittal as detailed in Section(s) 2.5 and 2.7.3 of the UDO.  There is no need to reiterate this requirement within this Section.  148 Article 5: Uses Section 5.8: Standards for Adult and Child care & Educational Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-93 (iv) Transportation improvements as deemed necessary by the Traffic Impact Study. (v) The site shall be designed to take advantage of multiple shared use opportunities, which may include a Park and Ride facility for public transportation. (vi) Site Access a. There shall be a minimum of two access points to the site. b. Access points shall separate student drop-off areas and visitor parking from bus traffic. c. If school buses are used, then at least one access shall be limited to school employee and bus use during normal school hours. d. All access points shall be located to provide maximum visibility and safety. e. No driveway shall be permitted in a location that will hinder or congest traffic movement on a public street. 5.8.6 Schools – Technical, Trade, and Skill Training (A) General Standards (1) Applications proposing flight training schools shall submit documentation identifying where actual flying activities are intended to occur. No on-site flying activities, other than the use of simulators, shall be permitted. (2) Applications proposing a Community College shall require prior approval, and budgetary allocation of funds by, the Orange County Board of County Commissioners before being submitted for processing if County funding is required. (3) Any outdoor activity area shall be buffered by a Type B land use buffer around its perimeter in accordance with Section 6.8.6 of this Ordinance. (B) Standards for the LC-1, NC-2, CC-3, EC-5, EDH-4, and EDH-5 Zoning Districts (1) Structures shall not exceed 16,000 sq.ft. of floor area. (2) Schools shall involve only activities associated with Continuing Education, Performing/Fine Arts, Sports and Recreation, and Trade schools as defined herein. (C) Standards for the GC-4, I-2, I-3, EDB-2, and EDE-2 Zoning Districts (1) Schools shall involve only activities associated with Continuing Education, Performing/Fine Arts, Sports and Recreation, and Trade schools as defined herein. (D) Standards for the OR/M or MPD-CZ Zoning Districts (1) All School: Technical, Trade, and Skill Training land uses, as defined herein, shall be permitted. 5.8.7 Chils and Adult Care Uses Not Listed (A) Submittal Requirements (1) In addition to the information required under Section 2.7of this Ordinance, the following shall be submitted as part of the application: (a) Detailed narrative outlining how proposed use is consistent with the definition of Child and Adult Care as detailed in Article 10 of this Ordinance. 149 Article 5: Uses Section 5.9: Standards for Utilities Orange County, North Carolina – Unified Development Ordinance Page 5-94 (b) Evidence applicable minimum local, State, or Federal licensing requirements, including any required Certificate of Need, have been satisfied. (B) Standards of Evaluation. (1) Facility, including any outdoor activity areas, shall be setback a minimum of 100 feet from all property lines. (2) A Type D land use buffer, as detailed in Section 6.8.6 of the Ordinance, shall be installed/maintained along all property lines. SECTION 5.9: STANDARDS FOR UTILITIES 5.9.1 Telephone Exchanges (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations (A) General Standards (1) The design of structures shall conform as closely as possible to the character of the area in which it is located. (2) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in area. (3) All buildings and structures shall be landscaped and screened according to the standards that follow: (a) Buildings and structures which resemble residential accessory structures must be landscaped and maintained in the character of a residential area. (b) Any outside storage areas must be fenced with a minimum five foot fence and the area screened from adjacent property according to the standards in this section. (c) Lighting in and around these facilities shall be constructed and shielded so as not to shine directly on adjoining property used for or zoned for residential purposes. Electrical and telephone service to the structure shall be placed underground. Types of lighting to be considered shall include, but not be limited to, indoor lights when visible through windows, outdoor lighting, automobile headlights and signs. Devices to shield lighting may include shades, fences, shrubs, trees and natural conditions. (d) Parking areas and driveways used in connection with facilities constructed pursuant to this Section shall either be surfaced or shall be located and maintained in a condition so that dust and dirt will not settle on adjoining properties as a result of their use. Driveway entrances shall be located in a manner that will create as few additional traffic hazards as possible. (e) Screening (i) Buildings, structures, equipment or material shall be screened by either a durable masonry wall, or a fence, or by natural planting, designed to be compatible with the character of adjoining properties, in order to materially screen the uses within the subject property from the view of adjacent properties. 150 Article 5: Uses Section 5.10: Standards for Telecommunication Facilities Orange County, North Carolina – Unified Development Ordinance Page 5-102 The applicant agrees to the following as conditions in case the utility is to be abandoned: (a) The owner/operator of the facility is required to notify the Orange County Planning Director in writing 60 days prior to planned the cessation or abandonment of the facility for any reason. This notice shall provide the exact date when the use of the facility will cease. (b) Documentation shall be provided indicating that the public utility purchasing the power has been made aware of the decision. (c) The facility shall be removed within 12 months from the date the applicant ceases use of the facility. (d) Once the infrastructure is removed the property, the owner shall obtain the necessary Erosion Control permits to re-stabilize the property. The time frame for completion shall be determined by the Orange County Erosion Control Officer. (e) The owner shall provide financial security in form and amount acceptable to the County to secure the expense of dismantling and removing said structures. (f) Upon removal of the facility, the Department shall cause a notice to be recorded within the Orange County Registrar of Deeds office indicating that the Class A Special Use Permit has been revoked. 5.9.7 Utilities Uses Not Listed (A) Submittal Requirements (1) In addition to the information required under Section 2.7of this Ordinance, the following shall be submitted as part of the application: (a) Detailed narrative outlining how the proposal is consistent with the Utilities land use definition as contained in Article 10 of this Ordinance. (b) Evidence any applicable local, State, or Federal licensing, permitting, development requirements have been satisfied. (B) Standards of Evaluation. (1) Facility shall be setback a minimum of 100 feet from all property lines. (2) A Type D land use buffer, as detailed in Section 6.8.6 of the Ordinance, shall be installed/maintained along all property lines. SECTION 5.10: STANDARDS FOR TELECOMMUNICATION FACILITIES 5.10.1 Intent 47 The regulations contained herein are designed to provide for the safe and efficient integration of facilities necessary for the provision of advanced wireless telecommunications services through the community with the goal of establishing reliable wireless service to the public, governmental agencies, and first responders in a manner that provides for the public safety and general welfare of its citizens. 47 Please note staff anticipates significant modifications to this Section as part of a future amendment package to  address inconsistencies in ‘submittal’ and ‘project evaluation’ criteria.  151 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly & Processing Orange County, North Carolina – Unified Development Ordinance Page 5-140 (8) 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 5.14: STANDARDS FOR MANUFACTURING, ASSEMBLY & PROCESSING 5.14.1 Metal Fabrication Shop (A) Standards for ASE-CZ Zoning District (1) Facility must be located on a bona fide farm. (2) Minimum lot size: 3 acres. (3) Maximum building size: 3,000 square feet. (4) If located adjacent to residentially zoned property, all buildings and operations must be located a minimum of 200 feet from the property line. 5.14.2 Microbrewery, 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 microbrewery must be located on a bona fide farm. (a) A microbrewery, 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 microbrewery, 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 152 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly & Processing Orange County, North Carolina – Unified Development Ordinance Page 5-141 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. 5.14.3 Microbrewery with Minor Events48 (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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: (i) 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); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) 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. 48 Moved from Section 5.6 Standards for Commercial Uses in order to ensure consistency with revised table  format.  Staff is also proposing modifications of existing regulations as detailed herein.  153 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly & Processing Orange County, North Carolina – Unified Development Ordinance Page 5-142 (B) Standards of Evaluation49 (2)(1) 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. (3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4)(3) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7)(6) Food services are not allowed unless approved in the permit. (8)(7) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. (C) Deviation from established standards of evaluation shall only be allowed if project is reviewed through the submittal and processing of a MPD-CZ or ASE-CZ application(s). 5.14.4 Microbrewery with Major Events (A) Standards for ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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: 49 In consultation with the County’s Attorney office, language purporting to provide staff with discretion on the  enforcement of land use standards is being eliminated.  If applicant’s wish to deviate from established limitations  the use can only be permitted as part of a MPD‐CZ or ASE‐CZ application.  154 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly & Processing Orange County, North Carolina – Unified Development Ordinance Page 5-143 (i) 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); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) 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. (B) Standards of Evaluation (2)(1) 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. (3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4)(3) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7)(6) Food services are not allowed unless approved in the permit. (8)(7) The permit may limit the frequency of events. (9)(8) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.14.5 Sawmills (A) General Standards for Evaluation and ASE-CZ Zoning District (1) Minimum lot size: 5 acres. (2) All structures, equipment, and storage shall be located a minimum of 100 feet 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. 5.14.6 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 155 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly & Processing Orange County, North Carolina – Unified Development Ordinance Page 5-144 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. 5.14.7 Winery with Minor Events (A) Standards for Class B Special Use Permit or ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.7 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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: (i) 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 156 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly & Processing Orange County, North Carolina – Unified Development Ordinance Page 5-145 to be included); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) 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. (B) Standards of Evaluation (2)(1) 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. (3)(2) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4)(3) Events shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. (5)(4) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6)(5) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7)(6) Food services are not allowed unless approved in the permit. (8)(7) Retail sales and facility tours are intended to be minor components of the overall use as a microbrewery that produces craft malt beverages. Retail sales may include complementary items but are intended to be comprised primarily of products produced on-site. The permit may specify limits to these activities. (C) Deviation from established standards of evaluation shall only be allowed if project is reviewed through the submittal and processing of MPD-CZ or ASE-CZ applications. 5.14.8 Winery with Major Events (A) Standards for ASE-CZ or MPD-CZ Zoning Districts (1) In addition to the requirements in Section 2.9, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of overflow parking area(s) if required parking is not anticipated to accommodate all special events. (c) A map depicting surrounding uses and the distance to residential structures. (d) A description of retail sales and facility tours, if proposed. (e) 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) 157 Article 5: Uses Section 5.14: Standards For Manufacturing, Assembly & Processing Orange County, North Carolina – Unified Development Ordinance Page 5-146 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: (i) 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); (ii) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (iii) 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. (2) 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. (3) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (4) Major events may attract more than 150 people at one time and may occur more frequently than twelve times per year. (5) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (6) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (7) Food services are not allowed unless approved in the permit. (8) The permit may limit the frequency of events. (9) Retail sales are intended to be comprised primarily of products produced on-site but may include complementary items. 5.14.9 Industrial, Light50 (A) Standards for the O/RM Zoning District (1) The following Multiple Uses are permitted in the O/RM zoning district when the Principal Use type is Industrial, Light and adhere to the standards of Section 5.14.5(A)(2): (a) Banks & Financial Institutions (b) Beauty & Barber Shops (c) Laundry & Dry Cleaning Services (d) Nightclubs, Bars, Pubs (e) Restaurants: Carry Out (f) Restaurants: General (g) Retail, Class 1 (h) Printing & Lithography 50 Provisions have been reworked and relocated to Section 3.4 General Commercial Districts – O/RM district  standards.    158 Article 5: Uses Section 5.15: Standards for Automotive/Transportation Related Uses Orange County, North Carolina – Unified Development Ordinance Page 5-147 (2) Multiple Uses, identified in Section 5.14.5(A)(1), are permitted in the O/RM zoning district only in accordance with the following standards: (a) The site plan must identify the square footage of each structure by type of use. (b) The Principal Use type of Industrial, Light must be established on the site. (c) The Multiple Use shall not exceed 25% of the total square footage of all structures on the site. 5.14.9 Manufacturing, Assembly, and Processing Uses Not Listed (A) Submittal Requirements (1) In addition to the information required under Section 2.7of this Ordinance, the following shall be submitted as part of the application: (a) Detailed narrative identifying how the proposed use is consistent with the definition of the Manufacturing, Assembly, and Processing land use category as detailed herein. (B) Standards of Evaluation. (1) Minimum lot size shall be 3 acres. (2) Facility, including any outdoor activity areas, shall be setback a minimum of 100 feet from all property lines. (3) A Type D land use buffer, as detailed in Section 6.8.6 of the Ordinance, shall be installed/maintained along all property lines. SECTION 5.15: STANDARDS FOR AUTOMOTIVE/TRANSPORTATION RELATED USES 5.15.1 Motor Vehicle Sales / Rental (New & Used) (A) Submittal Requirements (1) In addition to the information required by Section 2.5, the site plan shall show the area for the display of vehicles for sale or rental. (B) General Standards (1) Property shall have frontage and direct access onto a State maintained roadway. (2) Areas of the property designated for the display of vehicles for sale or rent shall be improved with an all-weather surface (i.e. concrete, asphalt, gravel) and shall not be used for any other purpose. (3) Additional vehicles, other than those offered for sale, rent or staff/customer designated parking as required under Section 6.9 of this Ordinance, can be stored on-site and shall be screened from view from adjacent properties and public rights-of-way. Such vehicles shall not be included in the display limit calculation. (C) Standards for the NC-2, EC-5, and E-I Zoning Districts (1) The display of vehicles outdoors shall be limited to 32 vehicles per acre of property. (D) Standards for GC-4, I-1, I-2, I-3, EDB-1, EDB-2, and EDE-251 51 Staff is recommending the use only be allowed in ‘high intensity’ economic development districts.  159 Article 5: Uses Section 5.16: Standards for Medical Uses Orange County, North Carolina – Unified Development Ordinance Page 5-148 (1) The display of vehicles outdoors shall be limited to 45 vehicles per acre of property. 5.15.2 Parking As Principal Use, Surface or Structure (A) General Standards (1) The use shall be allowed as a permitted use of property when associated with a local or regional transportation goal such as mass transit or park and ride.52 (2) A formal non-residential site plan application, as detailed in Section 2.5 of this Ordinance, shall be required for submittal. 5.15.3 Automotive/Transportation Uses Not Listed53 (A) Standards of Evaluation (1) Minimum lot size of 2 acres shall be required. (2) No land use activity of any kind shall be located within 50 feet of a property line. (3) A Type C land use buffer, as detailed in Section 6.8.6 of the Ordinance, shall be installed/maintained along all property lines. SECTION 5.16: STANDARDS FOR MEDICAL USES 5.16.1 Health Services (A) Standards for the LC-1, NC-2, CC-3, EC-5, EDB-1, EDE-2, EDH-1, and EDH-2 Zoning Districts (1) Shall not exceed 10,000 square feet of floor area. (2) Shall not involve on-site laboratory and/or on-site diagnostic services. 5.16.2 Mental Health and Substance Abuse Centers (A) Submittal Requirements (1) In addition to the information required under Section 2.7of this Ordinance, the following shall be submitted as part of the application: (a) Evidence the minimum licensing requirements for the State of North Carolina, including any required Certificate of Need, have been satisfied. (B) Standards of Evaluation (1) Shall not be located within 1,000 feet of an existing Mental Health and/or Substance Abuse Center. (2) Property shall have frontage and obtain access from a roadway directly maintained by, or constructed to, North Carolina Department of Transportation public road standards (3) Facility, including any outdoor activity areas, shall be setback a minimum of 100 feet from all property lines. (4) All outdoor activity areas shall be enclosed by a fence a minimum of 10 feet in height. (5) The facility, including outdoor activity areas, shall be required to install a Type D 52 This is existing language currently contained in the EDD permitted use table we are recommending becoming  applicable to all general zoning districts.  53 In those instances where a land use may not be expressly listed/contained in the UDO staff is recommending  they be allowed through the review of a Class A Special Use Permit and processed accordingly.   160 Article 5: Uses Section 5.16: Standards for Medical Uses Orange County, North Carolina – Unified Development Ordinance Page 5-149 land use buffer as detailed in Section 6.8.6 of this Ordinance. 5.16.15.16.3 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. 5.16.25.16.4 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. 5.16.35.16.5 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. 5.16.6 Medical Uses Not Listed (A) Submittal Requirements (1) In addition to the information required under Section 2.7of this Ordinance, the following shall be submitted as part of the application: (a) Evidence applicable minimum local, State, or Federal licensing requirements, including any required Certificate of Need, have been satisfied. (B) Standards of Evaluation. (1) Facility, including any outdoor activity areas, shall be setback a minimum of 100 feet from all property lines. (2) A Type D land use buffer, as detailed in Section 6.8.6 of the Ordinance, shall be installed/maintained along all property lines. 161 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-150 SECTION 5.17: STANDARDS FOR MISCELLANEOUS USES 5.17.1 Churches54 (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 5.17.2 Community Center (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 exact type of facility planned, the size of the building, the number of participants; a signed statement from the owners or operators that the facility will be operated by a non-profit organization. (b) A site plan showing the location of the existing and proposed buildings, access points, parking, service areas, and outdoor recreation areas. (c) Building plans for all existing or proposed structures. (d) Landscape plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and any other landscape materials. (2) Standards of Evaluation (a) Lot size shall be adequate for the method of sewage disposal, and for the other improvements proposed or required. (b) The site plan shall show the boundaries of the site, the distances to the nearest residential structures, access points, parking areas, service area, location of proposed existing buildings. (c) The landscape plan shall be at the same scale as the site plan and should show how the facilities will be screened from the adjacent properties, in addition, to proposed or existing trees, shrubs, and ground cover. (d) Elevations of buildings should show that the buildings preserve the residential character of the area. 5.17.3 Commercial Cemeteries 55 (A) Standards for Class B Special Use Permit (1) Submittal Requirements 54 Provisions/standards have been moved.  55 Standards are being moved to the Services land use category.  162 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-151 In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) Evidence that the requirements of the North Carolina General Statutes Chapter 65 can be achieved and that the standards of the N.C, Cemetery Commission shall be met. (2) Standards of Evaluation (a) A minimum lot size of two acres is provided. (b) The site shall have direct access to a collector or arterial street (c) There shall be adequate space within the site for the parking and maneuvering of funeral cartilages (d) No interments shall take place within 30 feet of any lot line. 5.17.45.17.1 Historic Sites Non Residential Reuse/Mixed Use (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be supplied as part of the application: (a) The site plan, prepared by an appropriately licensed professional, shall also contain the following: (i) Location, width, and type of all internal vehicular and pedestrian circulation. (ii) Location and dimensions of all on site signage. (iii) Boundaries of the site and distance to nearest residential structures. (b) Description of the proposed use(s) of the site and the buildings thereon, including the following: (i) Amount of area allocated to each use. (ii) Number of full and part time employees. (iii) Number of clients and/or occupants expected to use the facility. (iv) Proposed hours of operation for non residential uses of the site and within buildings thereon. (c) Building plans for all existing or proposed structures to include floor plans, elevations, and sections showing restoration/rehabilitation proposed. Description of how the historical style and character of the building and/or property is to be enhanced. (d) Landscape and tree preservation plan, at the same scale as the site plan, showing existing or proposed trees, shrubs, ground cover and other landscape materials. (e) Statement from the appropriate public service agencies concerning the method and adequacy of water supply and wastewater treatment for the proposed uses. (f) Statement from the appropriate public service agencies concerning the provision of fire, police and rescue protection to the site and structures. (g) Evidence that the property is listed on the National Historic Register or recognized by the State of North Carolina as places of historic interest. 163 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-152 (h) The proposed development schedule for the site. (2) Standards of Evaluation (a) The site plan submitted meets all requirements specified in sections 2.7 and 5.17.4(A)(1). (b) Proposed uses and facilities are complementary and compatible with surrounding area, and appropriate in the location proposed given character of surrounding development. The proposed use of the historic structure shall be of such a nature so as to preserve the historic character of the site and the building. Development of the site as proposed would have no adverse impact beyond the building except for appropriate parking facilities. (c) Structural alterations of historic structures shall be of such a nature as to preserve the historic character of the building(s) and site. (d) Fire, police and rescue services and water supply and wastewater treatment methods are adequate to serve the proposed uses and facilities. (e) Recreational areas, service areas, parking and screening are adequate for the proposed use(s). (f) The site is served by direct access to a State maintained road. (g) Internal vehicular and pedestrian circulation is adequate for the proposed use(s). (3) Expiration and Renewals (a) This Class A Special Use Permit, if approved, shall be valid for six years, but may be renewed or re-approved by the Board of Commissioners after receiving a report from the Planning Department that the use is, and has been continuously since it was issued, in compliance with provisions of the Special Use Permit. The Orange County Planning Department shall present its report on the compliance of the special use no later than 90 days before the expiration of the Special Use Permit. (b) The Board of County Commissioners shall not renew the Special Use Permit if it is determined that the applicant has failed to comply with the conditions of approval. If the Board of County Commissioners does not renew the permit, the permit shall become null and void upon the expiration of the time limit. (c) If the Special Use Permit is not renewed or re-approved, then the applicant may submit a new application as if it were a new use. 5.17.55.17.2 General Aviation Airports, STOL and Heliports (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in section 2.7, the following shall be submitted as part of the application: (a) A configuration diagram depicting the layout of runways, taxiways, approach zones and overrun areas. These diagrams should also be on aerial photographs that show the area within five miles of the proposed site. (b) Isotonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site. 164 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-153 (c) The number and type of aircraft proposed to be stored including also the storage areas for aircraft, fuel and motor vehicles, service areas for aircraft. (d) How on site fire and rescue services shall be provided and a letter from the appropriate agency stating services are available and adequate to protect the proposed facility. (e) List land uses within the final approach zones of the airport. (f) Certification that all Federal Aviation Administration (FAA) and State standards and requirements have been met. (2) Standards of Evaluation (a) All F.A.A. and State regulations are met as a condition of approval. (b) The site and its operation will not adversely affect existing adjacent land uses. (c) Land sufficient to provide approach zones and overrun areas is owned or controlled by the applicant. (d) Adequate land area is provided for all of the proposed uses, buildings and storage areas. (e) Screening of buildings, storage and maintenance areas is provided from adjacent residential land. (f) Letters from appropriate fire and rescue agencies that protective services can be provided at an adequate level. (g) Access shall be directly onto a State maintained road. (h) Compatible land uses are located in the final approach areas of the airport. 5.17.65.17.3 Major Subdivision (A) Standards for Class A Special Use Permit (1) Submittal Requirements In addition to the information required in Section 2.7, the following shall be submitted as part of the application: (a) Notification Stamped envelopes addressed to each owner of property within 500 feet of the property proposed for subdivision. The names and addresses of property owners shall be based on the current listing as shown in the Orange County Land Records system. (b) Development Schedule A statement, from the applicant, indicating the anticipated development schedule for the build out of the project. (c) Water and Wastewater (i) If the proposed lots are to be served by a public water system, proof of water supply and service availability in the form of a certified copy of a resolution to that effect enacted by the governing body of the water system providing the water to serve the lots in the subdivision. 165 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-158 (h) Irrigation (i) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; (ii) The Resources Management Plan shall identify the source(s) of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and (iii) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. (i) Habitat Maintenance (i) Habitats identified in the biological inventory and habitats created through mitigation shall be maintained in accordance with the Resources Management Plan and/or a conservation easement agreement; and (ii) Maintenance of habitats shall be minimal, consisting primarily of maintaining buffers and enhancements, removal of exotic (non- native) plant species, and keeping drainage ways functioning properly. (j) Access Access to the subdivision and access to lots within the subdivision to existing public roads shall conform to and be in compliance with any public road access management plan adopted by Orange County. (k) Maintenance of Improvements (i) All site improvements such as roads, utilities (including irrigation and drainage structures), habitat enhancements, recreational amenities, signage, landscaping, open space, etc. will be maintained in function and appearance. (ii) Maintenance specifications, if any, for on-going site management (including provisions for handling of storm debris in open space areas) shall be submitted as part of the Resources Management Plan and incorporated into Homeowners’ Association documents. 5.17.4 Research Lands and Installations56 (A) Standards for Rural Buffer (RB) (1) Shall only be permitted when developed by a University or College. (2) All buildings, facilities, and parking areas shall be located a minimum of 100 feet from all property lines and shall occupy no more than 10% of the acreage comprising the property. 5.17.75.17.5 Rural Heritage Museum (A) Standards for Class B Special Use Permit or ASE-CZ Zoning District (1) If located adjacent to residentially zoned property, all buildings, facilities, and 56 This is intended to allow the continued use of Duke Forest within the Rural Buffer general use zoning district to  continue as a permitted use of property by Duke University as a research area.  166 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-159 parking areas shall be located a minimum of 100 feet from the property line. (2) The maximum building size in an AR or RB zoning district shall be 5,000 square feet. 5.17.85.17.6 Rural Special Events (A) General Standards for Evaluation or ASE-CZ or MPD-CZ Zoning Districts (1) Must be located on a bona fide farm. (2) In addition to the requirements in Section 2.5 or 2.9, as applicable, the following information shall be submitted with the application materials: (a) Description of special events to be held on-site, including frequency of events, hours of operation, anticipated attendance, and any other pertinent details. (b) Location of parking area(s). (c) A map depicting surrounding uses and the distance to residential structures. (3) The temporary or seasonal commercial activities that comprise the special event must pertain to agricultural or rural-related activities. (4) If located adjacent to residentially zoned property, all structures, facilities, storage areas, and parking areas shall be setback a minimum of 100 feet from all property lines. (5) Events permitted by right in the AR, RB, and AS zoning districts shall be limited to no more than 150 people at one time and shall occur no more than 12 days per year. Events exceeding these limits must be approved as an ASE-CZ or MPD-CZ. (6) Loudspeakers and public address systems shall not be used before 7 a.m. or after 7 p.m. if an existing residence is located within 1,000 feet of the facility, unless approved otherwise in the permit. (7) Special events shall cease no later than 9 p.m. on Sunday through Thursday or 11 p.m. on Friday and Saturday, unless approved otherwise in the permit. (8) Food services are not allowed unless approved in the permit. (9) Documentation shall be submitted from the Fire Marshal and Building Inspections Department stating that all areas open to the public meet state regulations. (B) Deviation from established standards of evaluation shall only be allowed if project is reviewed through the submittal and processing of MPD-CZ or ASE-CZ applications. 5.17.9 Research Facility57 (A) Standards for the O/RM Zoning District (1) The following Multiple Uses are permitted in the O/RM zoning district when the Principal Use type is Research Facility and adhere to the standards of Section 5.17.9(A)(2): (a) Banks & Financial Institutions (b) Beauty & Barber Shops (c) Laundry & Dry Cleaning Services 57 Provisions have been reworked and relocated to Section 3.4 General Commercial Districts – O/RM district  standards.    167 Article 5: Uses Section 5.17: Standards for Miscellaneous Uses Orange County, North Carolina – Unified Development Ordinance Page 5-160 (d) Nightclubs, Bars, Pubs (e) Restaurants: Carry Out (f) Restaurants: General (g) Retail, Class 1 (h) Printing & Lithography (2) Multiple Uses, identified in Section 5.17.9(A)(1), are permitted in the O/RM zoning district only in accordance with the following standards: (a) The site plan must identify the square footage of each structure by type of use. (b) The Principal Use type of Research Facility must be established on the site. (c) The Multiple Use shall not exceed 25% of the total square footage of all structures on the site. 5.17.10 Research and Manufacturing Facility (A) Standards for the O/RM Zoning District (1) The following Multiple Uses are permitted in the O/RM zoning district when the Principal Use type is Research and Manufacturing Facility and adhere to the standards of Section 5.17.10(A)(2): (a) Banks & Financial Institutions (b) Beauty & Barber Shops (c) Laundry & Dry Cleaning Services (d) Nightclubs, Bars, Pubs (e) Restaurants: Carry Out (f) Restaurants: General (g) Retail, Class 1 (h) Printing & Lithography (2) Multiple Uses, identified in Section 5.17.10(A)(1), are permitted in the O/RM zoning district only in accordance with the following standards: (a) The site plan must identify the square footage of each structure by type of use. (b) The Principal Use type of Research and Manufacturing Facility must be established on the site. (c) The Multiple Use shall not exceed 25% of the total square footage of all structures on the site. 168 Article 5: Uses Section 5.18: STANDARDS FOR RETAIL USES Orange County, North Carolina – Unified Development Ordinance Page 5-161 SECTION 5.18: STANDARDS FOR RETAIL USES 5.18.1 Country Store58 (A) General Standards for Evaluation (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties through the erection of a fence or wall a minimum of 6 ft. in height.59 (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet 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. 58 Moved from Section 5.6.13.  59 New language being added to provide specificity on ‘how’ screening is to be achieved.  169 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation Orange County, North Carolina – Unified Development Ordinance Page 6-59 SECTION 6.9: PARKING, LOADING & CIRCULATION 6.9.1 Purpose & Intent The purpose of this Section is to promote the public health, safety and welfare, as well as to improve the quality of the built environment for Orange County by establishing suitable standards for motorized vehicle parking and loading areas that are appropriate for the varying urban and rural forms. 6.9.2 Applicability No Building Permit, Zoning Compliance Permit or Certificate of Occupancy shall be issued for uses of land, structures, and buildings, either initially or for a change in use or expansion of an existing use, unless the off-street parking and loading requirements of this Section are met. 6.9.3 Prohibited Within Special Flood Hazard Areas Off-street parking and loading facilities are prohibited within Special Flood Hazard Areas. 6.9.4 Use of Required Parking and Loading Spaces (A) Required parking and loading spaces shall not be used for the storage or sale of merchandise, vehicle storage, vehicles for sale, or vehicle repair. Non-required spaces proposed for these uses shall be designated on an approved site plan. (B) Any area designated for required off-street parking and loading shall not be changed to another use until other parking and loading facilities in conformance with this section are established elsewhere to serve the site. 6.9.5 Expansion and Increased Intensity of Existing Use (A) Whenever there is an increase in the number of dwelling units, the number of employees, the seating capacity, the floor area, or other applicable unit of measurement for determining the number of parking and loading spaces required on site, and the increase will result in the need for additional parking spaces, such additional spaces shall be provided in accordance with the following and Section 6.9.7 of this Ordinance: (1) If an existing use, building, or structure is increased by 50% or less, additional parking and/or loading spaces shall be provided for the addition, in accordance with the requirements of this Section. (2) If a use, building, or structure having inadequate parking and/or loading spaces is increased by greater than 50%, additional parking and/or loading spaces shall be provided to bring the entire development site into compliance with the requirements of this Section. (B) For purposes of this Sub-Section, the expansion or increased intensity shall be determined based on the current building size and use, and may not be calculated independently for each separate expansion or intensification. 6.9.6 Change of Use Additional off-street parking spaces will be required to accommodate a change of use of a structure or parcel of land only when the new use requires 25% or more parking spaces than the previous use or 25 or more additional spaces. 6.9.7 Off-Street Parking Requirements Each use shall provide off-street parking in accordance with the following standards: 170 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation Orange County, North Carolina – Unified Development Ordinance Page 6-60 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS AGRICULTURAL USES Agricultural Processing Facility One space per employee plus one space per 200 square feet of any accessory retail sales area Agricultural Processing Facility, Community One space per employee plus one space per 200 square feet of any accessory retail sales area Agricultural Service Uses One space per 400 square feet of gross floor area Cold Storage Facility One space per employee Community Farmers’ Market One space per 200 square feet of gross floor/selling area or a minimum of five spaces, whichever is greater Composting Operation One space per employee Cooperative Farm Stand One space per 200 square feet of gross floor/selling area or a minimum of five spaces, whichever is greater Equestrian Center One space per horse stall plus one space per employee plus one space per 4 spectator seats Farm Equipment Rental, & Sales and Service One space per 400 square feet of gross floor area Farm Supply Store One space per 300 square feet of gross floor area Feed Mill One space per employee on shift of maximum employment Greenhouses with On Premises Sales One space per 400 square feet of gross floor area Meat Processing Facility One space per employee Stables, Commercial One space per three horses (or other equine) kept on site Stockyards / Livestock Markets One space per employee plus one space per 4 spectator seats OR one space per employee plus one space per 50 square feet of event area, whichever is greater ADULT AND CHILD CARE AND & EDUCATIONAL FACILITIES Adult and Child Care Facilities One space per staff member and one space per five childrenclients Adult Daycare Home and Daycare Center in a Residence One space per staff member and one space per five childrenclients Schools: Elementary, Middle & SecondaryPrepatory One space per staff member One space per staff member and One space per four students Schools: VocationalTechnical, Trade, and Skill Training One space per two students Schools: Dance, Art & Music60 One space per four students Universities, Colleges and Institutes One space per three students at design capacity of building(s) Libraries One space per four seats 400 square feet of net floor area open to the public for use Senior Center One space per staff member and one space per 400 square feet of gross floor area Adult and Child Care Facilities Not listed One space per staff member and one space per 400 square feet of net floor area serving clients Construction/Contractor Offices Construction/Contractor Office One space per 300 square feet of floor area. If equipment/work vehicles are stored on-site one space for each individual vehicle/piece of equipment. COMMERCIAL SERVICE USES Adult Uses One space per 200 square feet of gross floor area 60 These land uses were merged into the new Schools: Technical, Trade, and Skill Training land use category.  171 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation Orange County, North Carolina – Unified Development Ordinance Page 6-61 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Banks & Financial Institutions61 One space per 200 square feet of gross floor area; plus five stacking spaces per drive-in window Beauty & Barber Shops; Body Art ; Day Spa; Massage ; Nail Salons ; Tanning Salons One space per 200 square feet Café/Coffee Shop One space per employee and one space per four seats Clubs or Lodges; Social ; Fraternal or Union Clubhouses59 One space per three members Crematoria62 One space per employee Community Center59 One space per 400 square feet of gross floor area Country Store One space per 300 square feet of gross floor area Drive-In Theaters no requirement Diet/Weight Loss Center ; Funeral Homes One space per four seats Garden Center with On Premise Sales One space per 300 square feet of gross floor area Hotels, Motels, Motor Lodges One space per lodging unit, plus one space per employee Junkyard/Salvage Yards One space per employee on shift of maximum employment Kennels, Class II/Riding Stables One space per four pens or stalls Laundry & Dry Cleaning Services One space per 300 square feet of gross floor area Metal Fabrication Shop One space per employee Microbrewery with Minor Events63 One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area Microbrewery with Major Events One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area Night Clubs, Bars, Pubs One space per four seats Offices and Personal Services, Class 1Professional Offices64 One space per 300 square feet of gross floor area Offices and Personal Services, Class 2 One space per 300 square feet of gross floor area Offices and Personal Services, Class 3 One space per 300 square feet of gross floor area Religious Facility One space per four seats Repair Services (all categories): Electronic & Appliance One space per 300 square feet of gross floor area Restaurants: Carry Out 15 spaces plus one space per 50 square feet of gross floor area Restaurants: Drive-In 15 spaces, plus one space per 50 square feet of gross floor area Restaurants: General One space per four seats or one space for every 50 feet of floor area for public use, whichever is greater Retail trade, Class 1 One space per 300 square feet of gross floor area Retail trade, Class 2 One space per 300 square feet of gross floor area Retail trade, Class 3 One space per 200 square feet of gross floor area Rural Guest Establishments: Bed & Breakfast One space per guest room, plus one space per employee, plus two spaces for the residence Rural Guest Establishments: Bed & One space per guest room, plus one space per employee, plus two 61 This is now captured in a new land use category entitled Financial Institutions.  62 The standard currently exists under the Miscellaneous parking and land use categories.  It is being moved into  the Services category as part of this amendment process.  63 Moved to the Manufacturing, Assembly and Processing section.  64 As a reminder ‘professional office’ uses have been broken down into separate categories.  172 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation Orange County, North Carolina – Unified Development Ordinance Page 6-62 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Breakfast Inn spaces for the residence Rural Guest Establishments: Country Inn One space per guest room, plus one space per employee, plus one space for every four seats in the restaurant, plus two spaces for the residence (if applicable) Sexually Oriented Businesses Storage of Goods & Warehouse: Inside Building One space per employee Storage of Goods: Outdoor One space per employee Taxidermy One space per 400 square feet of gross floor area Tourist Home One space per lodging unit Wholesale Sales One space per employee on shift of maximum employment Winery with Minor Events65 One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area Winery with Major Events One space per employee plus one space per 300 square feet of retail space one space per 50 square feet of event area EXTRACTIVE USES Extraction of Earth Products no requirement FINANCIAL INSTITUTIONS Financial Institutions One space per employee per 200 square feet of gross floor space. In the event the use includes drive-thru facilities there shall be five stacking spaces per individual window provided Bank Automated Teller Machine (ATM) – Stand Alone Five stacking spaces per individual machine GOVERNMENTAL USE Governmental Protective ServicesFacilities and Office Buildings One space per employee on the shift of maximum employment Detention and Correctional Facilities One space per employee on the shift of maximum employment plus one space for every eight inmates. Police and Fire Stations no requirement Military Installations (National Guard & Reserve Armory) no requirement MANUFACTURING, ASSEMBLY & PROCESSING Industrial, Light One space per employee on the shift of maximum employment Industrial, Medium One space per employee on the shift of maximum employment Industrial, Heavy One space per employee on the shift of maximum employment Metal Fabrication Shop One space per employee Microbrewery, production only One space per employee Printing and Lithography One space per employee Sawmills One space per employee Winery, production only One space per employee Manufacturing, Assembly, and Processing Land Uses One space per employee on the shift of maximum employment 65 Now included within the Manufacturing, Assembly, and Processing land use category.  173 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation Orange County, North Carolina – Unified Development Ordinance Page 6-63 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Manufacturing, Assembly, and Processing Land Uses - with on-site events (minor and major)66 One space per employee on the shift of maximum employment plus one space per 300 square feet of retail space and one space per 50 square feet of event area MEDICAL USES Health Services; Under 10,000 Square Feet One space per 300 square feet of gross floor area Health Services; Over 10,000 Square Feet One space per 200 square feet of gross floor area Hospitals One space per 4 four beds Medical and Diagnostic Laboratories One space per employee Mental Health and Substance Abuse Centers One space per employee and one space per 400 square feet of treatment/housing area Veterinary Clinic One space per employee plus one space per 300 square feet of gross floor area Veterinary Clinic, mobile One space per employee Veterinary Hospitals One space per 200 square feet of gross floor area Medical Uses Not listed One space per staff member and one space per 400 square feet of net floor area serving clients RECREATIONAL USES Amusement Areas One space per 50 square feet Athletic Field Ten spaces per field Basketball Court Five spaces per court Billiard or Pool Hall Two spaces per table Botanical Gardens & Arboretums Two spaces per acre Bowling Establishment Three spaces per lane Camp / Retreat Center Five spaces for first two acres of recreation space and one space for each additional acre thereafter Golf Courses Two spaces per tee Guest Ranch One space per guest room, plus one space per employee. Additional parking may be required based on facilities and uses proposed. Health Exercise Facility One space per 50 square feet Pitch and Putt Courses Two spaces per tee Shooting Ranges One space per target area Skating Rink One space per 200 square feet Subdivisions - Private Recreational Facilities Five off-street parking spaces for first two acres of each recreational site plus one space for each additional acre thereafter Dedicated Recreational Land Swimming Pool One space for every five patrons, based on maximum design capacity Soccer Fields, Ball Fields Eight spaces per acre Tennis, Handball, Racquet Ball Courts Two spaces per court Basketball Courts Five spaces per court Picnic Shelter Area One space for every ten patrons, based on maximum design capacity Swimming Pool One space per 140 square feet 66 While we are not ‘spelling out’ winery or microbrewery uses explicitly, staff has included references to  operations within the category permitted to have ‘events’ and the required parking standard associated with  same.  174 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation Orange County, North Carolina – Unified Development Ordinance Page 6-64 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Tennis, squash, Handball or Racquet Ball Court Two spaces for every court Theater One space for every four seats Recreational Uses Not Listed Once space per employee One space for every 400 square feet of area devoted to recreational activities. RESIDENTIAL USES Dwelling, Multi-family: One space per dwelling unit One and one-half space per dwelling unit Two spaces per dwelling unit Efficiency One bedroom Two bedroom Dwelling, Single Family One space per dwelling unit Dwelling, Two Family One space per dwelling unit Family Care Facilities One space per three residents; One space per employee on the shift of maximum employment Group Care Facilities One space per two beds; One space per employee on shift of the maximum employment Membership Lodges (Sororities and fraternities) One space per lodging resident member Mobile Homes One space per unit Orphanage ; Rehabilitative Care Facility One space per two beds; One space per staff member Rooming House One space per lodging unit TEMPORARY USES Buildings; Portable See appropriate uses RETAIL Retail One space for every 200 square feet of gross floor area AUTOMOTIVE/TRANSPORTATION Bus Passenger Shelters no requirement Bus Terminals and Garages no requirement Motor Freight Terminals One space per employee Motor Vehicle Maintenance & Repair (Body Shop) One space per each service bay and mechanic Motor Vehicle Sales Rental (New and Used) One space per 400 square feet of gross floor area Motor Vehicles Service Stations One space per each service bay and mechanic Parking as Principle Use Surface or Structure no requirement Petroleum Products: Storage and Distribution One space per employee Postal and Parcel Delivery Services One space per employee on shift of maximum employment and one space per 800 square feet of gross floor area UTILITIESTELECOMMUNICATION FACILITIES Telecommunication Facilities One space per site UTILITIES Public Utility Stations & Substations, Pumping Stations, Switching Stations, Telephone Exchanges no requirement Radio & Television Transmitting & Receiving Towers, Water Treatment & Sanitary Sewage Treatment Plants, Elevated Water no requirement 175 Article 6: Development Standards Section 6.9: Parking, Loading & Circulation Orange County, North Carolina – Unified Development Ordinance Page 6-65 TABLE 6.9.7: OFF-STREET PARKING REQUIREMENTS USE MINIMUM PARKING REQUIREMENTS Storage Tanks, Solar Arrays Transmission Lines no requirement WASTE MANAGEMENT Landfills (2 acres or more) no requirement Waste Management Facility, Hazardous and Toxic One space per employee on shift of maximum employment MISCELLANEOUS Airport General Aviation One space per four air vehicles Assembly Facility Greater than 300 One space per two seats Assembly Facility Less than 300 One space per two seats Cemetery no requirement Church67 One space per four seats Clubs or Lodges, Social68 One space per three members Community Center One space per 400 square feet of gross floor area Crematoria69 One space per employee Research Facility70 One space per employee Research Lands & Installations , Non-Profit no requirement Rural Heritage Museum One space per 400 square feet of gross floor area Rural Special Events One space per employee plus one space for 50 square feet of event area 6.9.8 Determination For Unlisted Uses The Planning Director shall make a determination of the minimum required off-street parking spaces for uses not specifically listed in this Section. In reaching the determination, the Planning Director may consider the following: (1) Requirements for similar uses, (2) The number and kind of vehicles likely to be attracted to the proposed use, and (3) Studies of the parking requirements of such uses in other jurisdictions. 6.9.9 Fractional Results When the number of parking spaces required by this Section results in a fractional space, any fraction of less than one-half may be disregarded; a fraction of one-half or more shall be counted as one parking space. 6.9.10 Off-Street Parking Design Standards (A) Standard Parking Spaces (1) Each parking space shall have a minimum area of 180 square feet and have a minimum width of 9 feet. 67 Use moved to the Services land use category and renamed Religious Facility.  68 Moved to the Services land use category.  69 Moved to the Services land use category.  70 Use moved to the new Manufacturing, Assembly, and Processing land use category.  176 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 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. Adult Cabaret A nightclub, bar, restaurant, theater, concert hall, auditorium or similar commercial establishment that for at least ten percent of its business hours in any day features: (a) Persons who expose a Specified Anatomical Area; or (b) Live performances that are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities; or (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. 177 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-2 Adult and Child Care and Educational Facilities Use Type Category A land use category including industries, services, and activities associated the care and education of adults and children including numerous, independent, land uses further defined separately herein. Adult Daycare Home An activity carried out in aA private residence, licensed by the State of North Carolina, for the supervised care of no more than 16 adults providing activities such as meals, leisure and educational, and socialization one or more days a week during specified daytime hours within a private residence. Clients can include the elderly, individuals with physical and/or mental limitations, or individuals requiring physical and/or psychological assistance. Overnight accommodation or specialized medical care is not permitted. Adult Daycare Facility A non-residential facility, licensed by the State of North Carolina, for the supervised care of adults providing activities such as meals, leisure and educational, and socialization one or more days a week during specified daytime hours. Clients can include the elderly, individuals with physical and/or mental limitations, or individuals requiring physical and/or psychological assistance. 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 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 Motel A hotel, motel or similar commercial establishment that offers accommodation to the public for any form of consideration and: (a) 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 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 178 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-4 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. Automotive/Transportation Use Type Category A land use category including industries, services, and activities associated with the provision of transportation services, as well as related support activities, for rail, water, and roadway transport. This category does not include activities associated with air transportation such as airports/heliports (public or private). 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). Buffer A screening device used to moderate the adverse impacts of one land use upon another. Buffers may include walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the above. Buffer, Stormwater A natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. Building Definitions (See Structure, Structural Alterations, Mobile Home, Recreational Vehicle.) Building Height The vertical distance measured from the mean elevation of the proposed or completed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. 179 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-5 Building Measurement Definitions (See Building Height, Story, Residential Floor Area, Length of Wall.) Built-Upon Area That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts) etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) Building Wall Any vertical surface of a building or structure (other than a pitched roof) that is integral to and could reasonably be constructed as part of the architecture of the building when a sign(s) are not being contemplated. Examples of building walls include but are not limited to: awnings, canopies, marquees, the vertical portion of gable roofs, parapets, mechanical penthouses, etc. Camp A recreation use which may include locations for tents, cabins, or other recreational sleeping structures, but would not include mobile homes or recreation vehicles. A camp may be owned by a profit or not-for- profit corporation. Canal See “Ditch.” Canopy, Service Station A structure made of metal, aluminum, or other material intended to be free standing or affixed to a building that serves as an overhang intended to shield persons from the elements while using the service station. Center in a Residence for 3 to 12 Children A residence in which child care is provided, which is located on a public state maintained road, and which provides child care for more than three but, no more than 12 children. Cessation of Use For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the use of a structure or parcel of property. A use shall not be considered ceased if the use is being marketed for sale or other forms of conveyance and documentation of such activities is provided. Cemetery A place where human remains are interred either in the ground or within a structure such as a mausoleum and further defined as follows: A. Cemetery – Religious Facility: A customary accessory use to a Religious Facility allowing for the interment of human remains for members of the religious facility. Use must be located on the same parcel of property to qualify as an accessory use. B. Commercial Cemetery: A land use involving the sale of space for the interment of human remains. C. Family Cemetery: A private cemetery on a parcel of property where human remains of the property owner’s family are interred. Channel A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water. Channel, Effluent A discernable, confined, and discrete conveyance which is used for transporting treated wastewater to a receiving stream or other body of water. 180 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-6 Chemical storage facility A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Child Care A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. Child care does not include the following: a) Arrangements operated in the home of any child receiving care if all the children in care are related to each other or no more than two additional children are in care; b) Recreational programs operated for less than four consecutive months in a year; c) Specialized activities or instruction such as athletics, dance, art, music lessons, horseback riding, gymnastics, or organized clubs for children, such as Boy Scouts, Girl Scouts, 4-H groups, or boys and girls clubs; d) Drop-in or short-term care provided while parents participate in activities that are not employment related and where the parents are on the premises or otherwise easily accessible, such as drop- in or short-term care provided in health spas, bowling alleys, shopping malls, resort hotels, or churches; e) Public schools; f) Non-public schools described in Part 2 of Article 39 of Chapter 115C of the North Carolina Statutes that are accredited by the Southern Association of Colleges and Schools and that operate a child care facility as defined under Child Care Facility for less than six and one-half hours per day either on or off the school site; g) Bible schools conducted during vacation periods; h) Care provided by facilities licensed under Chapter 110, Article 7 of the North Carolina General Statutes; i) Cooperative arrangements among parents to provide care for their children as a convenience rather than for employment; and j) Any child care program or arrangement consisting of two or more separate components, each of which operates for four hours or less per day with different children attending each component. Child Care Facility Includes child care centers, and any other child care arrangement not excluded by General Statute 110- 86(2), that provides child care, regardless of the time of day, wherever operated, and whether or not operated for profit. a) A child care center is an arrangement where, at any one time, there are three or more pre-school children or nine or more school-aged children receiving child care. b) A family child care home is a child care arrangement located in a residence where, at any one time, more than two children, but fewer than nine children, receive child care. Church71 A structure in which persons regularly assemble for religious worship, which is maintained and controlled by a religious body organized to sustain public worship. Club or Lodge, Private An establishment operated by a corporation or association of persons for social, recreational, fraternal or charitable purposes, but which is not operated for profit or to render a service which is customarily conducted as a business. Cluster Development A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by-lot development, yet maintains application 71 Replaced with the term ‘Religious Facility’ and defined herein.  181 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-9 An open-air facility for the retail sale of produce, agricultural products, and/ or plants produced on-site and from not more than 4 other cooperative farm partners. Country Store An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of merchandise, which must include locally produced products. For the purpose of this definition, “local” means Orange County and counties that share a border with Orange County. County Orange County Government. Custodial Care A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in meeting personal rather than medical needs, which is not intended to provide specific therapy as the result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that does not require the continuing attention or supervision of trained, medical, or paramedical personnel. Cutoff Fixture An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5% of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Day Care Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are not minors, guardians or full time custodians. Day Care Facility Any day care center or child care arrangement that provides day care for more than five children, not including the operator’s school age children, under the age of 13, on a regular basis of at least once per week for more than four hours but less than 24 hours per day, and those operating fewer than four hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: a) Public schools; b) Non-public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; c) Summer camps having children in full-time residence; d) Bible schools conducted for no more than three weeks during vacation periods; and e) Cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Day Care Home, Large72 A Day Care Facility located on a public state-maintained road, which provides day care for more than five but fewer than 16 children, within a residence. Dedication A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is entailed, dedication must be made by written instrument and is completed with an acceptance. Designated Public Sewer Service Area An area located within Orange County’s Primary Service Area in the Water and Sewer Management, Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served 72 We no longer allow this use.  182 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-12 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. Elevated Building A non-basement building, which has its reference level raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded movement of floodwaters. Encroachment The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede ore alter the flow capacity of a floodplain. Engineered (or Structural) Stormwater Controls A structural Best Management Practice (BMP) used to reduce non-point source pollution to receiving waters in order to achieve water quality protection goals. (See also Best Management Practices and Detention Pond) (Unless otherwise specified, “BMP”, when used in this Ordinance, refers to structural BMPs.) Environmental Document An EA, EIS, or FONSI, or all of them. Environmentally Sensitive Areas Land which is subject to special natural environmental conditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Existing Construction Structures for which, the “start of construction” commenced before March 16, 1981. This term may also be referred to as “existing structures.” Existing manufactured home park or manufactured home subdivision A manufactured home park or subdivision for which, for flood damage prevention purposes, the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) completed before March 16, 1981. Extraction of Earth Products The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter from their original location. It does not include any processing of such material,including beyond 183 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-13 incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing.73 FONSI A Finding of No Significant Impact. As pertaining to an EA or EIS. Family For purposes of this Ordinance, family shall be defined as an individual or two or more persons related by blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five persons who need not be related in a dwelling unit. A “family” may include five or fewer foster children. Family Care Facility A facility licensed by the appropriate state agency, as a family care facility for from one to six unrelated individuals. Family Day Care Home A residence in which childcare is provided, which provides childcare for no more than three children. Family Income The gross annual sum of all income received by all adult members of the household, including: a) Earned income from wages for all family members over the age of 18; b) Income from assets; c) Child support, alimony, Welfare payments, Social Security payments, including SSI, Worker’s Compensation and Unemployment benefits; d) Regular contributions and gifts; e) Income from a business; f) Earned income tax credits; g) Lump sum payments such as inheritance, insurance settlements, and proceeds from sale of property; and h) Income from absent military personnel who are considered family members of the household. Farming The use of land consistent with the State of North Carolina’s definition of farming, as contained in the General Statutes. Farm, Bona Fide The use of land meeting the criteria for “Farm” as defined by the State of North Carolina in the General Statutes. Farm Equipment, Non-Farm Use of Commercial use of the farm equipment for non-farming activities away from a bona fide farm. Examples include grading services and landscaping services. Farm Equipment Rental, Sales and Service An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment, including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other large, heavy-duty types of equipment used in the construction or farming industries but not including horse trailers, trucks, or other vehicles designed for use on public roads. Farm Supply Store An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products, and the like may be an ancillary activity. 73 Modifications are being made to the definition to ensure consistency with proposed amendments to the Table of  Permitted Uses.  184 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-17 Golf Course A tract of land designed and laid out for the game of golf. Golf courses include, but are not limited to courses open to the general public for a daily user fee, private courses available to members and their guests, courses proposed as single, independent uses, as well as those planned as an accessory use which is part of a residential or recreational development. A golf course development may also include the following accessory uses and building typically associated with such a facility: club house; restaurant/snack bar; barroom; prop shop; billiards; table tennis, spa/health club; racquetball, hand ball, and tennis courts; swimming pool; locker rooms; and real estate sales office. Goods, Incidental Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. Beautician selling hair products. Gross Floor Area The area within the perimeter of the outside walls of a building as measured from the exterior face of the exterior walls or from the centerlines of walls separating two buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features. Group Care Facility A facility licensed by the appropriate state agency, as a group care facility for from seven to fifteen unrelated individuals excluding supervisory personnel, who are handicapped, aged or disabled and are undergoing rehabilitation, or extended care, and are provided services to meet their specific needs. This category includes group homes for all ages, half-way houses, foster and boarding homes. The following shall not be eligible for admission to a group care facility: a) Persons addicted to or recuperating from the effects of an addiction to drugs or alcohol; b) Persons adjusting to non-prison life, including but not limited to, pre-release, work release, probationary programs and juvenile detention centers. Group Development One or more principal structures built on a single lot, tract or parcel of land and designed for occupancy by more than one separate family, firm, business or other enterprise. Guest Ranch A rural lodge providing overnight accommodations for transient guests seeking a vacation experience characteristic to that of a rural ranch; onsite facilities may include lodge or cabin accommodations, dining facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing holes and swimming facilities. Habitable Rooms Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered habitable rooms. Hazardous Waste Management Facility A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North Carolina Department of Environment and Natural Resources. Health Services Establishments of licensed practitioners, or licensed persons independently practicing a profession, primarily engaged in rendering medical, surgical and other health related and allied personal care services in the health field including, but not limited to: acupuncturists, chiropractors, dentists, dental hygienists, dietitians, dialysis centers, family planning, homeopaths, inhalation/respiratory therapists, mental health, midwife/doula offices, naturopaths, optometrists, outpatient surgical centers, registered/licensed practical nursing offices, physical occupation and speech therapists, physicians, and podiatrists (e.g. physicians, physical therapists). 185 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-18 Health and Personal Care Facility Public or private health facilities, establishments, or institutions, where aged, physically handicapped, or mentally impaired persons reside and are furnished with meals and health/personal care on a continuing basis including but not limited to: convalescent homes, nursing homes, rest homes, assisted living, sanatoria, or homes for the elderly. High-Density Option One of two approaches available for development in some watershed overlay districts. Generally, the high-density option relies on density limits and engineered stormwater controls to minimize the risk of water pollution. Highest Adjacent Grade (HAG) The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. Historic structure Any structure that is: a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c) Individually listed on a local inventory of historic landmarks in communities with a “Certified Local Government (CLG) Program,” which has been approved by the Department of the Interior; or d) Certified as contributing to the historical significance of a historic district designated by a community with a “Certified Local Government (CLG) Program”. (CLG Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966, as amended). Holiday Decoration Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Home Occupation, Major An accessory business use which is owned and operated by the resident of the property, located on a single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental and subordinate to the principal residential use of the property. Major home occupations, which do not meet the standards of a minor home occupation, shall accommodate for larger scale accessory business uses by allowing for an increase in square footage, number of onsite employees, students, customers, clients, and annual events with an approved Class B Special Use Permit. Home Occupation, Minor An accessory business use, which is owned or operated by the resident of residentially-zoned property, and is clearly incidental and subordinate to the principal residential use of the property. 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 and Temporary Residential Units for use during the duration of the lease. Home Park Space A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary Residential Unit and for the exclusive use of the occupants of said dwellings. Hotel, Motel, Motor Lodge, Motor Inn, Inn, Tourist Court 186 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-19 A building or group of attached or detached buildings containing, in combination, ten or more lodging units, or ten or more dwelling units intended primarily for rental or lease to transients by the day or week, as distinguished from multi-family dwellings, rooming houses and residential hotels in which rentals and leases are for weekly or longer periods and occupants are generally residents rather than transients. Hotel, Residential A building or group of attached or detached buildings containing, in combination, ten or more lodging units available for occupancy only for periods of thirty days or longer, provided, however, that temporary lodging units for guests of regular tenants may be provided in any residential hotel, with number of such units limited to 10% of the number of tenant lodging units. Immediate Neighborhood A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its location within the service area of a park site or sites as shown on the adopted “Recreation Service Area Boundaries Map” on file in the Planning Department. Impervious Surface A surface composed of any material that impedes or prevents the natural infiltration of water into the soil. Such surfaces include concrete, asphalt and gravel surfaces. These include, but are not be limited to, streets and parking areas, sidewalks, patios, and structures that cover the land. Industrial, Light74 Manufacturing & processing operations that occur entirely indoors and have limited impacts on surrounding properties, including, but not limited to, production of the following: food products (i.e. commercial bakery, candy, and beverages, including bottling); surgical, medical and dental instruments; wood cabinets, furniture and upholstery; light machinery, including household appliances; toys, sporting and athletic equipment, excluding firearms and ammunition; and, paper products, such as bags, containers, and cardboard. Industrial, Medium Manufacturing & processing operations that may occur indoors or outdoors and have limited impacts beyond the boundaries of the zoning district, including, but not limited to, the following: heavy household, commercial and industrial appliances; manufactured homes, recreational vehicles and related components; automotive, farm and construction machinery; and, commercial building components. Industrial, Heavy Manufacturing & processing operations with a greater potential to impact surrounding properties, where a majority or large component of the operation may occur in the open air. Such uses may include, but not be limited to, the following: asphalt mixing plants; cement manufacturing or processing; commercial food processing (packing and rendering) plants, including meat, poultry and fish; and, concrete mixing plants. Infiltration The absorption of stormwater run-off into the ground. Infiltration allows for pollutants to be filtered from the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into drinking water supplies. Institutional Use A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university, or government owned or operated building, structure, or land used for public purpose. Interested Person For purposes of quasi-judicial hearings an interested person is one who has standing as that term is defined by applicable North Carolina statutory and case law. 74 These land use categories are proposed to be deleted.  Allowable uses have been incorporated into the  Manufacturing, Assembly, and Processing use type category.  187 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-27 Maintain General servicing and upkeep to keep an object in a safe, operable, and attractive condition. Major Development Project Includes, but is not limited to, shopping centers, Conditional Use projects, and industrial and commercial projects, but does not include any projects of less than two contiguous acres in extent. Major Intersection Any intersection where traffic generated by a development proposal will have a significant impact on the operation of the intersection. Manufactured Home A dwelling unit, transportable in one or more sections that: a) Is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for One- and Two-Family Dwellings; b) Is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, c) Exceeds 40 feet in length and eight feet in width, d) The manufacturer voluntarily files certification required by the Secretary of the Department of Housing and Urban Development and complies with the standards established, and e) Is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. Manufactured home park or subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Manufacturing, Assembly, and Processing Use Type Category75 An establishment engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The including the assembling of component parts into a final product can also be considered part of this category. Allowable activities shall also include incidental research and development, administrative operations, or management services associated with supporting the principal manufacturing, assembly, and processing activities. Market Value The building value, excluding the land, (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. An independent certified appraisal can establish a market value using: replacement cost depreciated by age of building (Actual Cash Value) or adjusted assessed values. Massage The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, applied by hand, arm, foot or mechanical device. Massage Business Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios and massage parlors. Massage, Business Of The massage or treatment of any person for a fee or in expectation of a gratuity from the person massaged. Massage, Profession Of See "massage, business of". 75 Revised definition of the new land use category to ensure proper reference to allowed activities.  188 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-28 Massage Practitioner Any person engaged in the business or profession of massage. Medical Uses Use Type Category A land use category including establishments providing health care services/activities for individuals and animals. Establishments in this category deliver services by trained professionals and may be further defined and/or classified by the educational and/or licensing requirements associated with the practitioners associated with the category. Excluded uses include, but are not limited to: non-medical diet and weight management centers which are permitted under the Services Land Use Category. 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. 189 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-31 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. 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 Offices and personal services that generate high traffic volumes (> 400 trips/day), and have no adverse impacts beyond the zoning district boundary. Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With The Permitted Activity The disposal of limbs, stumps and construction debris associated with the permitted activity by means of outdoor fires. Open Space - (flexible development) "Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which are preserved through conservation easements or other restrictions in a flexible development subdivision. 190 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-33 Outdoor Lighting, Holiday Decoration Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Outdoor Lighting, Lamp The source of electric light: the bulb. To be distinguished from fixture and luminaire. Outdoor Lighting, Lumen A unit of luminous flux. One foot-candle is one lumen per square foot. For the purposes of this Ordinance, the lumen-output values shall be the initial lumen output ratings of a lamp. Outdoor Lighting, Luminaire The complete lighting unit or fixture consisting of a lamp, or lamps and ballast(s) when applicable, together with the parts designed to distribute the light, including reflector, lens, or diffuser to position and protect the lamps, and to connect the lamps to the power supply. Outdoor Lighting - Mercury Vapor Luminaries Lamps within which ultraviolet and yellowish-green to blue visible light is produced by an electric discharge through mercury vapor. Outdoor Lighting, Semi-Cutoff Fixture An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the horizontal plane of the fixture. Outdoor Lighting – Sodium Vapor Luminaries Lamps within which ultraviolet and yellowish-orange visible light is produced by an electric charge through a small amount of sodium and neon gas. Outdoor Lighting, Tube Lighting Gas-filled glass tube, excluding common fluorescent tube bulbs, that becomes luminescent in a color characteristic of the particular gas used, such as neon, argon, krypton, etc. Outdoor Lighting, Upward Projection of light above the horizontal plane. Overlay Zoning District; Overlay Zone A special zoning district that applies supplemental standards in addition to the underlying zoning requirements. Package Treatment Plant Privately owned and operated sewage treatment facility. These plants are prefabricated by the manufacturer and delivered as completed units to the clients. Parking Deck A special structure of two or more levels designed to be used for the temporary storage of motor vehicles. Petroleum and Coal Product Manufacturing, Assembly, and Processing Use Type A use of property involving the transformation of crude petroleum and/or coal into various products including, but not limited to: asphalt plants including the production of paving, roofing, block, and coating materials;, coke oven products;, oil/grease production;, petroleum briquettes;, jelly and waxes;, and refineries, 76 76 Staff felt it necessary to provide additional detail on this proposed new use contained within the Manufacturing,  Assembly, and Processing land use category in order to clarify allowable activities.  191 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-34 Pedestrian/Landscape Ratio This is the minimum square footage of pedestrian access and landscaped areas in a non-residential development for each square foot of gross land area. Pedestrian/Landscaped Space Pedestrian/landscaped space is part of total open space appropriately improved and located as outdoor space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for incidental service, maintenance or emergency actions. Personal Services An establishment engaged in providing services generally involving the care of the person (e.g. hairdresser, tailor). Phase of Grading One of two types of grading: rough or fine. Photovoltaic (PV) Technology that converts light directly into electricity. Portable Building A building not intended for residential use consisting of one or more modules constructed off the ultimate site of use and transported to that site. Post-FIRM Development for which construction started on or after March 16, 1981. Pre-FIRM Development for which construction started before March 16, 1981. Pre-school A class or program for children preceding kindergarten or other compulsory educational activities provided by elementary schools. The term is synonymous with nursery school or pre-kindergarten. The activity is currently listed as part of the School, Prepatory land use as contained within the Adult and Child Care and Educational Facilities land use category. Premises A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as a unit of real estate. Principally Above Ground Structure A structure whereby at least 51% of the actual cash value of the structure is located above ground. Principal Structure Any building or other structure occupied or used for the purpose of conducting the principal use of the property. Principal Use A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary and chief purpose for which a lot is used. Professional Services Establishments that specialize in performing professional, scientific, and technical activities for others. Examples include, but are not limited to, the following: accountants, architects, attorneys, dentists, doctors, engineers, real estate agents, and veterinarians. 192 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-35 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. 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, electronic gaming, card/fantasy/board game rooms, skill activities including mazes, problem solving exercises/scenarios, bowling alleys, skating rinks (roller and ice), shooting ranges, billiard and pool halls, paintball, rope/wall climbing or obstacle courses, go-kart or motor cross tracks, exercise centers including aerobic and yoga studios, athletic facilities, and gymnasiums. Reference level The portion of a structure or other development that must be compared to the regulatory flood protection elevation to determine regulatory compliance. For structures within Special Flood Hazard Areas designated as Zone AE, the reference level is the top of the lowest floor. Regulatory flood protection elevation The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation plus two feet of freeboard. Rehabilitative Care Facility A facility licensed by the appropriate state agency, as a group care facility for individuals who are handicapped, aged, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health care, adult supervision, or rehabilitation. 193 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-36 Religious Facility A structure in which persons regularly assemble for religious worship, which is maintained and controlled by a religious body organized to sustain public worship. The term includes, but is not limited to: church, mosque, synagogue, tabernacle, and temple. Remedy a violation To bring the structure or other development into compliance with State and Orange County laws and regulations. Repair Services A land use offering the alteration, repair, mending, and/or servicing of goods without the retail of new, used, or repaired goods. This land use category excludes engine repair/maintenance activities, which are captured within the Automotive and Transportation land use category, and is further defined below: A. Clothing: Including, but not limited to: cobbler, dress maker, fur repair/cleaning, general garment alteration/repair, leather garment repair including shoes, and tailor services. B. Electronic and Appliance: Including, but not limited to: camera/camcorders, cellular phones, computers, dvd/video cassette players, dishwashers, grills, photocopiers, radio, refrigerators, stereo/phonographic equipment, stoves/ranges, telephone/fax machines, televisions, two-way radio, and typewriters. C. Personal and Household Goods other than Appliances: Including, but not limited to: china, clocks, cutlery including sharpening, exercise and athletic equipment, furniture repair including reupholstery services, gun repair and maintenance, jewelry including watches, key duplicating, and musical instruments including tuning, , Repetitive loss Flood-related damages sustained by a structure on two separate occasions during any ten year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value, or the tax value in the absence of recent comparative sales, of the structure before the damage occurred. Research Facility An enclosed structure which accommodates research and research applications. Facilities may include laboratories, offices, and other facilities for research and development, as well as prototype production facilities for product creation. Prototype production shall be limited in scale to that necessary to fully analyze the merits of the product Research and Manufacturing Facility An enclosed structure which accommodates research and research applications as well as related light industrial uses. Facilities may include laboratories, offices, other facilities for research and development, and production facilities. The use falls within the Manufacturing, Assembly, and Processing land use category. Reservoir, Class I A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped directly to a treatment plant or to a small intervening storage basin and thence to a treatment plant. Reservoir, Class II A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped to a Class I reservoir prior to final entrance to a water treatment plant. Residential Development 194 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-38 Restaurant, Drive-In An establishment whose principal business is the sale of food, and beverages to the customer in a ready- to-consume state, and whose design, method of operation, or any portion of whose business includes one or both of the following characteristics: a) Food and beverages are served directly to the customer in a motor vehicle by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle. b) The consumption of foods and beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is allowed, encouraged or permitted. Retail, Class 1 Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail order houses, where no adverse impacts occur beyond immediate space occupied by the building; operations are designed to attract & serve few customers or clients on premises other than employees of the principle use; there is a low volume of traffic generated (0-200 Trips/Day); and all operations are conducted entirely within a fully enclosed building with no outside storage. Retail, Class 2 Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail order houses, where no adverse impacts occur beyond the boundaries of the lot where the use is located and there is a medium volume of traffic generated (200-800 Trips/Day). Retail, Class 3 Retail trade, sales, & rental of durable and convenience goods, merchandise & equipment, including mail order houses, where no adverse impacts occur beyond the boundaries of the zoning district and there is a high volume of traffic generated (more than 800 Trips/Day). Retail Use An establishment focused on selling goods or merchandise to the general public for personal or household consumption and the rendering of services incidental to the sale of merchandise. Retreat Center A new or existing facility operated by a corporation or association of persons or churches for social and recreational purposes. A retreat center may be owned by a profit or not-for-profit corporation. Retrofitting Measures, such as flood proofing, elevation, construction of small levees, and other modifications, taken on an existing building or its yard to protect it from flood damage. Riding Stable An establishment for boarding, breeding, training or raising of horses, ponies, mules, and/or donkeys for a fee; and/or rental of horses, ponies, mules, and/or donkeys for riding, driving, and/or instruction. Exercise rings shall be considered accessory uses to a commercial stable. Smaller scale events, such as horse shows expected to generate less than 80 traffic trips per day, may be held no more often than once per month. The operator of a commercial stable may reside on the property to ensure the continuous care of animals kept on the site. Riparian Area An area that is adjacent to a body of water. Riverine Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Road See “Street.” 195 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-40 A temporary or seasonal commercial activity that occurs on a bona fide farm and which is expected to attract more than 20 people at any given time. Salvage yard77 Property used for the storage, collection, and/or recycling of any type of equipment whatsoever, whether industrial or non-commercial, and including but not limited to vehicles, appliances and related machinery. Saw Mill A facility where off-site logs or timber are sawn, planed or otherwise processed into lumber or other wood products; not including the processing of timber for use on the same parcel of property. School – Preparatory Land use(s) engaged in furnishing academic courses and associated course work designed to satisfy curriculum requirements/standards established by the State of North Carolina Department of Education including pre-school through 12th grade/pre-college activities provided by either public or private institutions. The term includes pre-school, kindergarten, elementary/secondary and high schools, schools for the mentally and/or physically disabled (pre-school through high school), military academies (pre- school through high school), schools for the deaf or visually impaired, and alternative schools. School – Technical, Trade, and Skill Training Land use(s) engaged in offering a variety of technical, trade, vocational and skills training further defined below: A. Community College: A non-residential institution, also known as a junior college, typically supported in part by local government funds providing higher education and lower-level tertiary education to students and granting certificates, diplomas, and/or associate degrees. A Community College may also offer non-degree track specific continuing education courses. B. Continuing Education: Short or part-time educational courses including, but not limited to: brewing, diction, exam and tutoring services, language including English as a second language courses, math, personal development, professional continuing education, reading, self-defense, and survival training. C. Performing/Fine Arts: Instruction/training in the arts including, but not limited to: art/artisans (except commercial and graphic) instruction, dance instruction including studios, drama/theater, music, fine art schools, photography, sculptors, and other performing arts. D. Sports and Recreation: Instruction/training in athletic activities to groups of individuals including, but not limited to: cheerleading, gymnastics, martial arts, sports (i.e. baseball, basketball, bowling, football, golf, hockey, tennis, soccer) instruction, professional sports instructors not participating in sporting events, skiing, and swimming/scuba instruction. E. Trade: Also known as Vocational Schools, offering vocational and technical training in a variety of subjects and trades, which may or may not include the use of simulators and simulation methods. Activities include, but are not limited to: acupuncture, apprenticeship training programs, aviation and flight training, bartending, broadcasting, brokerage, computer training including repair, cosmetology/barber, culinary arts/cooking schools, glass blowers, graphic acts, dental technician, driving instruction including automotive, trucks and heavy equipment, electronic equipment repair, health aide training, hospitality management, massage/physical therapy, mechanic, medical technician including transcription, modeling, nursing, personal fitness training, photography, police training, real estate, security guard, silversmiths, weaving, and wood and leather crafting. Semi-Cutoff Fixture An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the horizontal plane of the fixture. Senior Center 77 Use is recommended to be combined with the existing Junkyard land use.  196 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-41 A non-residential community or neighborhood facility for the organization and provision of services including health, social, nutritional and educational services and a facility for recreational and group activities for older persons. Septic, Off-Site An off-site system is a wastewater system as defined in GS 130A-334(15) where any components of the systems serving two or more facilities are located on property other than the building lot that is under common ownership or control. This approval does not apply to a wastewater system entirely contained on multiple adjoining lots or tracts of land under common ownership or control which are considered a single system per GS 130A-334(15) and subject to permitting pursuant to 15A NCAC 18A .1938(j). Septic System, Alternative 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. Services Land Use Category A land use category including establishments/activates providing for the personal care and/or needs of individuals and animals. Uses excluded medical care/health services which are permitted under the Medical Uses Land Use Category. 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 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 in NCGS § 14-202.10(2) and, in addition, without limitation shall include: Adult Arcade, Adult Bookstore, Adult Video Store, Adult Cabaret, Adult Motel, 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. 197 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-55 Street, Local A street used or designed primarily to provide access to abutting properties. It serves or is designed to serve at least ten but not more than 25 dwelling units and is expected to or does handle between 75 and 200 trips per day. Street, Loop A street used as a means for local traffic to leave and enter other streets without turning around, but providing access only to abutting properties. These streets are less than one mile in length and have no collector characteristics. Street, Marginal Access A minor street which is parallel to and adjacent to an arterial street, and which provides access to abutting properties and protection from through traffic. Marginal access streets may also be referred to as "service roads". Street, Minor A street used or designed primarily to provide access to abutting properties. It serves or is designed to serve not more than nine dwelling units and is expected to or does handle up to 75 trips per day. Street, Private A vehicular way, built to the private street standards of Orange County, not intended for public use or public dedication and which serves a limited number of lots. It is maintained by private property owners and intended for use by those private property owners. Street, Public A street which has been accepted for permanent maintenance by the State of North Carolina. Street, Subcollector A street used or designed to provide access to abutting properties, but is also designed to be used or is used to connect minor or local streets with collector or arterial streets. Including residences indirectly served through connecting street, it serves or is designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle between 200 and 800 trips per day. Structure Any walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is built or constructed principally above ground, constructed or erected to a height of 30 inches or more, including but not limited to load bearing walls, columns, beams or girders. Studio (Arts and Crafts) 78 Room or building where an art is taught, practiced or studied, or where a craft or product is manually produced. Typical studio users include artists, musicians, dancers, gymnasts, photographers, sculptors, wood and leather craftsmen, glass blowers, weavers, and silversmiths. Study Area, Traffic Impact The area in which a traffic impact analysis will be made and extending approximately one half mile along roadways adjacent to a development project and in both directions from all access points or to a major intersection along these roadways. Subdivider Any person or persons, firm or corporation subdividing land within the jurisdiction of this Ordinance. Subdivision 78 Activities are now captured under the Schools – Technical, Trade, and Skill Training land use under the Child and  Adult Care and Educational Facilities land use category.  198 Article 10: Definitions Section 10.1: Definitions Orange County, North Carolina – Unified Development Ordinance Page 10-61 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. Theater A building or outdoor area in which plays and other performances are given and/or viewed including, but not limited to: comedy performances, dance companies, dinner theater, improvisational theater, motion pictures, musicals including symphonies, operas, puppet, and plays. Tourist Home A building or group of attached or detached buildings containing, in combination, three to nine lodging units for occupancy for daily or weekly periods, with or without board, and primarily for occupancy by transients, as distinguished from rooming houses, in which occupancy is primarily by residents rather than transients. Traffic Generation: Low Uses which generate an average of less than 200 vehicle trips per day. Traffic Generation: Medium Uses which generate an average of between 200 and 800 vehicle trips per day. Traffic Generation: High Uses which generate an average of more than 800 vehicle trips per day. Transmission Lines a) For lines carrying electrical energy, transmission lines are those which carry 45,000 volts or more. b) For lines which carry liquids or gases, transmission lines are those operating or designed to operate at pressures of one hundred pounds per square inch or greater. Travel Trailer A structure that is: a) Intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and b) Designed for temporary use as sleeping quarters, but that does not meet the definition of a manufactured home. Tree, DBH Diameter at breast height of a tree, which is measured at 4.5 feet above ground surface level. Tree, Critical Root Zone The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is approximately one foot of radial distance for every inch of tree's DBH, with a minimum of eight feet. Tree, High Value A tree that meets or exceeds the following standards: for pine species, 14” DBH or greater, or 18” or greater stump diameter, and for hardwood or wetland species, 16” DBH or greater, or 24” or greater stump diameter. 199